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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Weather Research Program Act of 2003''. SEC. 2. PROGRAM FOCUS. The focus of the United States Weather Research Program, an interagency program established under section 108 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 313 note), shall be on-- (1) hurricanes, floods, and heavy precipitation, including both snow and rain; (2) building on existing investments, including those of the National Weather Service modernization effort, to dramatically accelerate improvement in weather forecasts; (3) providing attention and resources in areas where progress can be made quickly and where the impact will be greatest; (4) establishing goals that can be attained by leveraging the resources of several agencies and through the collaborative scientific efforts of the operational and research communities in academia and government; and (5) making research grants to universities and other research institutions. SEC. 3. PROGRAM RESEARCH PRIORITIES. The research priorities of the United States Weather Research Program shall be in the areas of-- (1) hurricanes, to improve-- (A) landfall location forecasts; and (B) forecasts of hurricane strength; (2) heavy precipitation, to improve forecasts of both winter storms and rain storms through better prediction of timing, location, and intensity; (3) floods, to improve-- (A) flood forecasting by coupling precipitation forecasts with hydrologic prediction; and (B) forecasting and warning systems for inland flooding related to tropical cyclones; (4) two-to-fourteen day forecasting, to-- (A) improve short and medium range numerical weather predictions and warnings of high-impact weather events; (B) conduct the Hemispheric Observing System Research and Predictability Experiment (THORpex) to fill observational gaps in the Northern Hemisphere; and (C) test and evaluate advanced data assimilation techniques in global models; (5) societal and economic impacts, to-- (A) identify methods of delivering weather information effectively and recommend ways to improve weather communications; (B) assess social and economic impacts of adverse weather ranging from disastrous to routine; (C) evaluate what weather information is most useful to public and private decision makers; and (D) perform research on societal and economic impact to ensure a connection between weather research and improvement of the human condition; and (6) testing research concepts at United States Weather Research Program-sponsored test bed centers in an environment identical to those used by operational meteorologists, to enable technology transfer to those operational meteorologists. SEC. 4. INTERAGENCY PLANNING AND PROCESS. The National Oceanic and Atmospheric Administration, as the lead agency of the United States Weather Research Program, shall coordinate and consult with the National Science Foundation, the National Aeronautics and Space Administration, other appropriate Federal agencies, and other appropriate entities to develop, and annually update, a five-year plan-- (1) describing how Federal agencies can best team with universities and other research institutions; (2) identifying social, economic, and military needs and requirements for weather information, as well as defining the research required to meet these needs; (3) outlining methods for dissemination of weather information to user communities; and (4) describing best practices for transferring United States Weather Research Program research results to forecasting operations. SEC. 5. REPORTING REQUIREMENTS. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Administrator of the National Oceanic and Atmospheric Administration shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report which shall include-- (1) the most recent five-year plan developed or updated under section 4, including the roles and funding to be provided by various Federal agencies in achieving the objectives of the plan; (2) a justification of any changes to the plan since the last transmittal under this section; and (3) a detailed assessment of the extent to which the objectives of the plan have been achieved. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Office of Atmospheric Research of the National Oceanic and Atmospheric Administration for carrying out this Act-- (1) for fiscal year 2004, $15,000,000, of which at least 50 percent shall be for competitive, merit-reviewed grants to, or contracts or cooperative agreements with, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); (2) for fiscal year 2005, $15,500,000, of which at least 50 percent shall be for competitive, merit-reviewed grants to, or contracts or cooperative agreements with, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and (3) for fiscal year 2006, $16,000,000, of which at least 50 percent shall be for competitive, merit-reviewed grants to, or contracts or cooperative agreements with, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).	United States Weather Research Program Act of 2003 - States that the United States Weather Research Program's priorities shall be in the areas of: (1) hurricanes, to improve landfall location and hurricane strength forecasts; (2) heavy precipitation, to improve winter and rain storm forecasts; (3) floods, to improve flood forecasting and forecasting and warning systems for inland flooding related to tropical cyclones; (4) two-to-fourteen day forecasting, to improve weather predictions and warnings of high-impact weather events, to conduct the Hemispheric Observing System Research and Predictability Experiment (THORpex) to fill observational gaps in the Northern Hemisphere, and to test and evaluate advanced data assimilation techniques in global models; (5) societal and economic impacts, to identify methods of delivering weather information effectively, to recommend ways to improve weather communications, to assess impacts of adverse weather, to evaluate what weather information is most useful, and to perform research on such impacts; and (6) testing research concepts at Program-sponsored test bed centers, to enable technology transfer to operational meteorologists.Directs the National Oceanic and Atmospheric Administration (NOAA) to develop and annually update, and NOAA's Administrator to report to Congress on, a five-year plan: (1) describing how Federal agencies can best team with universities and other research institutions; (2) identifying social, economic, and military needs and requirements for weather information; (3) outlining methods for disseminating information to user communities; and (4) describing best practices for transferring Program research results to forecasting operations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Trafficking Victims Protection Act''. SEC. 2. PROTECTING CHILD TRAFFICKING VICTIMS. (a) Short Title.--This section may be cited as the ``Child Trafficking Victims Protection Act''. (b) Defined Term.--In this section, the term ``unaccompanied alien children'' has the meaning given such term in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279). (c) Mandatory Training.--The Secretary, in consultation with the Secretary of Health and Human Services and independent child welfare experts, shall mandate appropriate training of all personnel who come into contact with unaccompanied alien children in the relevant legal authorities, policies, practices, and procedures pertaining to this vulnerable population. (d) Care and Transportation.--Notwithstanding any other provision of law, the Secretary shall ensure that all unaccompanied alien children who will undergo any immigration proceedings before the Department or the Executive Office for Immigration Review are duly transported and placed in the care and legal and physical custody of the Office of Refugee Resettlement not later than 72 hours after their apprehension absent exceptional circumstances, including a natural disaster or comparable emergency beyond the control of the Secretary or the Office of Refugee Resettlement. The Secretary, to the extent practicable, shall ensure that female officers are continuously present during the transfer and transport of female detainees who are in the custody of the Department. (e) Qualified Resources.-- (1) In general.--The Secretary shall provide adequately trained and qualified staff and resources, including the accommodation of child welfare officials, in accordance with subsection (e), at U.S. Customs and Border Protection ports of entry and stations. (2) Child welfare professionals.--The Secretary of Health and Human Services, in consultation with the Secretary, shall hire, on a full- or part-time basis, child welfare professionals who will provide assistance, either in person or by other appropriate methods of communication, in not fewer than 7 of the U.S. Customs and Border Protection offices or stations with the largest number of unaccompanied alien child apprehensions in the previous fiscal year. (f) Child Welfare Professionals.-- (1) In general.--The Secretary, in consultation with the Secretary of Health and Human Services, shall ensure that qualified child welfare professionals with expertise in culturally competent, trauma-centered, and developmentally appropriate interviewing skills are available at ports of entry and stations as described in subsection (d). (2) Duties.--Child welfare professionals described in paragraph (1) shall-- (A) develop guidelines for treatment of unaccompanied alien children in the custody of the Department; (B) conduct screening of all unaccompanied alien children in accordance with section 235(a)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)); (C) notify the Department and the Office of Refugee Resettlement of children that potentially meet the notification and transfer requirements set forth in subsections (a) and (b) of section 235 of such Act (8 U.S.C. 1232); (D) interview adult relatives accompanying unaccompanied alien children; (E) provide an initial family relationship and trafficking assessment and recommendations regarding unaccompanied alien children's initial placements to the Office of Refugee Resettlement, which shall be conducted in accordance with the timeframe set forth in subsections (a)(4) and (b)(3) of section 235 of such Act (8 U.S.C. 1232); and (F) ensure that each unaccompanied alien child in the custody of U.S. Customs and Border Protection-- (i) receives emergency medical care when necessary; (ii) receives emergency medical and mental health care that complies with the standards adopted pursuant to section 8(c) of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15607(c)) whenever necessary, including in cases in which a child is at risk to harm himself, herself, or others; (iii) is provided with climate appropriate clothing, shoes, basic personal hygiene and sanitary products, a pillow, linens, and sufficient blankets to rest at a comfortable temperature; (iv) receives adequate nutrition; (v) enjoys a safe and sanitary living environment; (vi) has access to daily recreational programs and activities if held for a period longer than 24 hours; (vii) has access to legal services and consular officials; and (viii) is permitted to make supervised phone calls to family members. (3) Final determinations.--The Office of Refugee Resettlement in accordance with applicable policies and procedures for sponsors, shall submit final determinations on family relationships to the Secretary, who shall consider such adult relatives for community-based support alternatives to detention. (4) Report.--Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to Congress that-- (A) describes the screening procedures used by the child welfare professionals to screen unaccompanied alien children; (B) assesses the effectiveness of such screenings; and (C) includes data on all unaccompanied alien children who were screened by child welfare professionals. (g) Immediate Notification.--The Secretary shall notify the Office of Refugee Resettlement of an unaccompanied alien child in the custody of the Department as soon as practicable, but generally not later than 48 hours after the Department encounters the child, to effectively and efficiently coordinate the child's transfer to and placement with the Office of Refugee Resettlement. (h) Notice of Rights and Right to Access to Counsel.-- (1) In general.--The Secretary shall ensure that all unaccompanied alien children, upon apprehension, are provided-- (A) an interview and screening with a child welfare professional described in subsection (e)(1); and (B) an orientation and oral and written notice of their rights under the Immigration and Nationality Act, including-- (i) their right to relief from removal; (ii) their right to confer with counsel (as guaranteed under section 292 of such Act (8 U.S.C. 1362)), family, or friends while in the temporary custody of the Department; and (iii) relevant complaint mechanisms to report any abuse or misconduct they may have experienced. (2) Languages.--The Secretary shall ensure that-- (A) the video orientation and written notice of rights described in paragraph (1) is available in English and in the 5 most common native languages spoken by the unaccompanied children held in custody at that location during the preceding fiscal year; and (B) the oral notice of rights is available in English and in the most common native language spoken by the unaccompanied children held in custody at that location during the preceding fiscal year. (i) Confidentiality.--The Secretary of Health and Human Services shall maintain the privacy and confidentiality of all information gathered in the course of providing care, custody, placement, and follow-up services to unaccompanied alien children, consistent with the best interest of the unaccompanied alien child, by not disclosing such information to other government agencies or nonparental third parties unless such disclosure is-- (1) recorded in writing and placed in the child's file; (2) in the child's best interest; and (3)(A) authorized by the child or by an approved sponsor in accordance with section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and the Health Insurance Portability and Accountability Act (Public Law 104-191); or (B) provided to a duly recognized law enforcement entity to prevent imminent and serious harm to another individual. (j) Other Policies and Procedures.--The Secretary shall adopt fundamental child protection policies and procedures-- (1) for reliable age determinations of children, developed in consultation with medical and child welfare experts, which exclude the use of fallible forensic testing of children's bone and teeth; (2) to utilize all legal authorities to defer the child's removal if the child faces a risk of life-threatening harm upon return including due to the child's mental health or medical condition; and (3) to ensure, in accordance with the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.), that unaccompanied alien children, while in detention, are-- (A) physically separated from any adult who is not an immediate family member; and (B) separated from-- (i) immigration detainees and inmates with criminal convictions; (ii) pretrial inmates facing criminal prosecution; and (iii) inmates exhibiting violent behavior. (k) Repatriation and Reintegration Program.-- (1) In general.--The Administrator of the United States Agency for International Development, in conjunction with the Secretary, the Secretary of Health and Human Services, the Attorney General, international organizations, and nongovernmental organizations in the United States with expertise in repatriation and reintegration, shall ensure that programs in the United States and within the country of return support the safe and sustainable repatriation and reintegration of unaccompanied alien children into their country of nationality or of last habitual residence, including placement with their families, legal guardians, or other sponsoring agencies. (2) Report on repatriation and reintegration of unaccompanied alien children.--Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Administrator of the Agency for International Development shall submit a substantive report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on efforts to improve repatriation and reintegration programs for unaccompanied alien children. (l) Transfer of Funds.-- (1) Authorization.--The Secretary, in accordance with a written agreement between the Secretary and the Secretary of Health and Human Services, shall transfer such amounts as may be necessary to carry out the duties described in subsection (f)(2) from amounts appropriated for U.S. Customs and Border Protection to the Department of Health and Human Services. (2) Report.--Not later than 15 days before any proposed transfer under paragraph (1), the Secretary of Health and Human Services, in consultation with the Secretary, shall submit a detailed expenditure plan that describes the actions proposed to be taken with amounts transferred under such paragraph to-- (A) the Committee on Appropriations of the Senate; and (B) the Committee on Appropriations of the House of Representatives.	Child Trafficking Victims Protection Act - Directs the Secretary of Homeland Security (DHS) to: (1) require the appropriate training of all personnel who come into contact with unaccompanied alien children, and (2) hire child welfare professionals. Sets forth related protections for such children regarding: (1) prompt placement with the Office of Refugee Resettlement, (2) qualified resources and child welfare professionals at appropriate ports of entry and stations, (3) confidentiality, (4) notice of rights and access to counsel, and (5) the presence of female officers during the transfer and transport of female detainees. Directs the U.S. Agency for International Development (USAID) to implement a best practices program in the United States and within the country of return to ensure the safe and sustainable repatriation and reintegration of unaccompanied alien children into their country of nationality or of last habitual residence.
SECTION 1. SHORT TITLE. This Act may be cited as the ``International Protecting Girls by Preventing Child Marriage Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Child marriage, also known as ``forced marriage'' or ``early marriage'', is a harmful traditional practice that deprives girls of their dignity and human rights. (2) Child marriage as a traditional practice, as well as through coercion or force, is a violation of Article 16 of the Universal Declaration of Human Rights, which states, ``Marriage shall be entered into only with the free and full consent of intending spouses.''. (3) An estimated 51 million girls in developing countries now ages 20-24 were married under the age of 18, and if present trends continue more than 100 million more girls in developing countries will be married as children over the next decade. (4) In developing countries, other than China, approximately one in seven girls marry before the age of 15 and one in three girls are married before the age of 18. (5) Child marriage ``treats young girls as property'' and ``poses grave risks not only to women's basic rights but also their health, economic independence, education, and status in society'', according to the Department of State. (6) In 2005, the Department of State conducted a world-wide survey and found child marriage to be a concern in 64 out of 182 countries surveyed, with child marriage most common in sub- Saharan Africa and parts of South Asia as well as the Middle East (7) In Ethiopia's Amhara region, about half of all girls are married by age 14 with 95 percent not knowing their husbands before marriage, 85 percent unaware they were to be married, and 70 percent reporting their first sexual initiation within marriage taking place before their first menstrual period, according to a 2004 survey. (8) In Afghanistan, where the legal age of marriage for girls is 16 years, 57 percent of marriages involve girls below the age of 16, including girls younger than 10 years, according to the United Nations Children's Fund (UNICEF). (9) In some areas of northern Nigeria, 45 percent of girls are married by age 15 and 73 percent by age 18, with age gaps between girls and the husbands averaging between 12 and 18 years. (10) Between half and three-quarters of all girls are married before the age of 18 in the following countries: Niger, Chad, Bangladesh, Mali, Guinea, the Central African Republic, Nepal, Mozambique, Uganda, Burkina Faso, and India, according to Demographic Health Survey data. (11) Factors perpetuating child marriage include poverty, a lack of educational or employment opportunities for girls, parental concerns to ensure sexual relations within marriage, the dowry system, and the perceived lack of value of girls. (12) Child marriage has negative effects on girls' health, including significantly increased risk of maternal death and morbidity, infant mortality, obstetric fistula, and sexually transmitted diseases, including HIV/AIDS. (13) In developing countries, girls ages 10 to 14 who become pregnant are five times more likely to die during a pregnancy or in childbirth than women ages 20 to 24. (14) Child marriage can result in bonded labor or enslavement, commercial sexual exploitation, and violence against the victims, according to UNICEF. (15) Out-of-school or unschooled girls are at greater risk of child marriage while girls in school face pressure to withdraw from school when secondary school requires monetary costs, travel, or other social costs, including lack of lavatories and supplies for menstruating girls and increased risk of sexual violence. (16) The World Bank reports in 2006 that it is estimated that ``about half of girls in Sub-Saharan Africa who drop out of primary school do so because of poor water and sanitation facilities''. (17) UNICEF reports that investments in improving school sanitation resulted in a 17 percent increase in school enrollment for girls in Guinea and an 11 percent increase for girls in Bangladesh. (18) Investments in girls' schooling, creating safe community spaces for girls, and programs for skills building for out-of-school girls are all effective and demonstrated strategies for preventing child marriage and creating a pathway to empower girls by addressing conditions of poverty, low status, and norms that contribute to child marriage. (19) Most countries with high rates of child marriage have a legally-established minimum age of marriage, yet child marriage persists due to strong traditional norms and the failure to enforce existing laws. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) child marriage is a violation of human rights and the prevention and elimination of child marriage should be a foreign policy goal of the United States; (2) the practice of child marriage undermines United States investments in foreign assistance to promote education and skills building for girls, reduce maternal and child mortality, reduce maternal illness, halt the transmission of HIV/AIDS, prevent gender-based violence, and reduce poverty; and (3) expanding educational opportunities for girls, economic opportunities for women, and reducing maternal and child mortality are critical to achieving the Millennium Development Goals and the global health and development objectives of the United States, including efforts to prevent HIV/AIDS. SEC. 4. ASSISTANCE TO PREVENT THE INCIDENCE OF CHILDHOOD MARRIAGE IN DEVELOPING COUNTRIES. (a) Assistance Authorized.--The President is authorized to provide assistance, including through multilateral, nongovernmental, and faith- based organizations, to prevent the incidence of child marriage in developing countries and to promote the educational, health, economic, social, and legal empowerment of girls and women as part of the strategy to prevent child marriage in developing countries established pursuant to section 5. (b) Priority.--In providing assistance authorized under subsection (a), the President shall give priority to-- (1) areas or regions in developing countries in which 15 percent of girls under the age of 15 are married or 40 percent of girls under the age of 18 are married; and (2) activities to-- (A) expand and replicate existing community-based programs that are successful in preventing the incidence of child marriage; (B) establish pilot projects to prevent child marriage; and (C) share evaluations of successful programs, program designs, experiences, and lessons. (c) Coordination.--Assistance authorized under subsection (a) shall be integrated with existing United States programs for advancing appropriate age and grade-level basic and secondary education through adolescence, ensure school enrollment and completion for girls, health, income generation, agriculture development, legal rights, and democracy building and human rights, including-- (1) support for community-based activities that encourage community members to address beliefs or practices that promote child marriage and to educate parents, community leaders, religious leaders, and adolescents of the health risks associated with child marriage and the benefits for adolescents, especially girls, of access to education, health care, livelihood skills, microfinance, and savings programs; (2) enrolling girls in primary and secondary school at the appropriate age and keeping them in age-appropriate grade levels through adolescence; (3) reducing education fees, and enhancing safe and supportive conditions in primary and secondary schools to meet the needs of girls, including-- (A) access to water and suitable hygiene facilities, including separate lavatories and latrines for girls; (B) assignment of female teachers; (C) safe routes to and from school; and (D) eliminating sexual harassment and other forms of violence and coercion; (4) ensuring access to health care services and proper nutrition for adolescent girls, which is essential to both their school performance and their economic productivity; (5) increasing training for adolescent girls and their parents in financial literacy and access to economic opportunities, including livelihood skills, savings, microfinance, and small-enterprise development; (6) supporting education, including through community and faith-based organizations and youth programs, that helps remove gender stereotypes and the bias against girls used to justify child marriage, especially efforts targeted at men and boys, promotes zero tolerance for violence, and promotes gender equality, which in turn help to increase the perceived value of girls; (7) creating peer support and female mentoring networks and safe social spaces specifically for girls; and (8) supporting local advocacy work to ensure that governments and law enforcement officials are meeting their obligations to prevent child and forced marriage as well as legal literacy programs at the community level. SEC. 5. STRATEGY TO PREVENT CHILD MARRIAGE IN DEVELOPING COUNTRIES. (a) Strategy Required.--The President, acting through the Administrator of the United States Agency for International Development, shall establish a multi-year strategy to prevent child marriage in developing countries and promote the empowerment of girls at risk of child marriage in developing countries, including by addressing the unique needs, vulnerabilities, and potential of girls ages eight to 18 in developing countries. (b) Consultation.--In establishing the strategy required by subsection (a), the President shall consult with Congress, relevant Federal departments and agencies, multilateral organizations, and representatives of civil society. (c) Elements.--The strategy required by subsection (a) shall-- (1) focus on areas in developing countries with high prevalence of child marriage; and (2) encompass diplomatic initiatives between the United States and governments of developing countries, with attention to human rights, legal reforms and the rule of law, and programmatic initiatives in the areas of education, health, income generation, changing social norms, human rights, and democracy building. (d) Report.--Not later than 180 days after the date of the enactment of this Act, the President shall transmit to Congress a report that includes-- (1) the strategy required by subsection (a); (2) an assessment, including data disaggregated by age and gender to the extent possible, of current United States-funded efforts to specifically assist girls in developing countries; and (3) examples of best practices or programs to prevent child marriage in developing countries that could be replicated. SEC. 6. DEPARTMENT OF STATE'S COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. The Foreign Assistance Act of 1961 is amended-- (1) in section 116 (22 U.S.C. 2151n), by adding at the end the following new subsection: ``(g) The report required by subsection (d) shall include for each country in which child marriage is prevalent at rates at or above 40 percent in at least one sub-national region, a description on the status of the practice of child marriage (as defined in section 7 of the International Protecting Girls by Preventing Child Marriage Act of 2007) in the country.''; and (2) in section 502B (22 U.S.C. 2304), by adding at the end the following new subsection: ``(i) The report required by subsection (b) shall include for each country in which child marriage is prevalent at rates at or above 40 percent in at least one sub-national region, a description on the status of the practice of child marriage (as defined in section 7 of the International Protecting Girls by Preventing Child Marriage Act of 2007) in the country.''. SEC. 7. DEFINITION. In this Act, the term ``child marriage'' means the marriage of a girl or boy, not yet the minimum age for marriage stipulated in law in the country in which the girl or boy is a resident. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act and the amendments made by this Act, there are authorized to be appropriated $25,000,000 for each of fiscal years 2008 through 2012.	International Protecting Girls by Preventing Child Marriage Act of 2007 - Authorizes the President to provide assistance, including through multilateral, nongovernmental, and faith-based organizations, to prevent child marriage in developing countries and to promote the educational, health, economic, social, and legal empowerment of girls and women. Sets forth priority assistance criteria. Directs the President, through the United States Agency for International Development (USAID), to establish a multi-year strategy to prevent child marriage in developing countries and to promote the empowerment of girls at risk of child marriage, including by addressing the unique needs and potentials of eight to 18 year old girls. Amends the Foreign Assistance Act of 1961 to require that Department of State country reports on human rights practices include a description of the status of child marriage for countries with specified rates of child marriage. Defines "child marriage."
SECTION 1. CONSOLIDATION OF LIFE INSURANCE COMPANIES WITH OTHER COMPANIES PERMITTED. (a) In General.--Section 1504(b) of the Internal Revenue Code of 1986 (defining includible corporation) is amended by striking paragraph (2) and by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively. (b) Conforming Amendments.-- (1) Section 1503 of the Internal Revenue Code of 1986 is amended by striking subsection (c) (relating to special rule for application of certain losses against income of insurance companies taxed under section 801) and by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively. (2) Section 1504 of such Code is amended by striking subsection (c) and by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (3) Section 243(b)(2)(A) of such Code is amended by striking ``sections 1504(b)(2), 1504(b)(4), and 1504(c)'' and inserting ``section 1504(b)(3)''. (4) Section 805(a)(4)(E) of such Code is amended by striking ``1504(b)(3)'' and inserting ``1504(b)(2)''. (5) Section 818(e)(1) of such Code is amended to read as follows: ``(1) Items of companies other than insurance companies.-- If an affiliated group includes members which are and which are not taxed under section 801, all items of the members of such group which are not taxed under section 801 shall not be taken into account in determining the amount of the tentative LICTI of members of such group which are taxed under section 801.''. (6) Section 832(b)(5)(D)(ii)(II) of such Code is amended by striking ``1504(b)(3)'' and inserting ``1504(b)(2)''. (7) Section 864(e)(5)(A) of such Code is amended by striking ``paragraph (4)'' and inserting ``paragraph (3)''. (8) Section 936(i)(5)(A) of such Code is amended by striking ``section 1504(b)(3) or (4)'' and inserting ``section 1504(b)(2) or (3)''. (9) Section 952(c)(1)(B)(vii)(II) of such Code is amended by striking ``1504(b)(3)'' and inserting ``1504(b)(2)''. (10) Section 953(d)(3) of such Code is amended by striking ``1503(d)'' and inserting ``1503(c)''. (11) Section 954(h)(4)(F)(ii) of such Code is amended by striking ``1504(b)(3)'' and inserting ``1504(b)(2)''. (12) Section 6166(b)(10)(B)(ii)(V) of such Code is amended by striking ``1504(b)(3)'' and inserting ``1504(b)(2)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 2. PHASE-IN OF APPLICATION OF CERTAIN LOSSES AGAINST INCOME OF INSURANCE COMPANIES. (a) Phase-in.-- (1) In general.--For taxable years beginning after December 31, 2006, and before January 1, 2013, if-- (A) an affiliated group includes 1 or more domestic insurance companies subject to tax under section 801 of the Internal Revenue Code of 1986, and (B) the consolidated taxable income of the members of the group not taxed under such section 801 results in a consolidated net operating loss for such taxable year, then, under regulations prescribed by the Secretary of the Treasury or his delegate, the amount of such loss which cannot be absorbed in the applicable carryback periods against the taxable income of such members not taxed under such section 801 shall be taken into account in determining the consolidated taxable income of the affiliated group for such taxable year to the extent of the applicable percentage of such loss or the applicable percentage of the taxable income of the members taxed under such section 801, whichever is less. The unused portion of such loss shall be available as a carryover, subject to the same limitations (but determined based on the applicable percentage with respect to the year to which carried and applicable to the sum of the loss for the carryover year and the loss (or losses) carried over to such year), in applicable carryover years. (2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage shall be determined in accordance with the following table: The applicable For taxable years beginning in: percentage is: 2007................................................... 40 2008................................................... 50 2009................................................... 60 2010................................................... 70 2011................................................... 80 2012................................................... 90. (b) No Carryback Before January 1, 2007.--To the extent that a consolidated net operating loss is allowed or increased by reason of this section or the amendments made by this Act, such loss (or increase in such loss, as the case may be) may not be carried back to a taxable year beginning before January 1, 2007. (c) Nontermination of Group.--No affiliated group shall terminate solely as a result of this section or the amendments made by this Act. (d) Subsidiary Stock Basis Adjustments.--A member corporation's basis in the stock of a subsidiary corporation shall be adjusted upon consolidation to reflect the preconsolidation income, gain, deduction, loss, distributions, and other relevant amounts during a period when such corporations were members of an affiliated group (determined without regard to section 1504(b)(2) of the Internal Revenue Code of 1986 as in effect on the day before the date of enactment of this Act) but were not included in a consolidated return of such group by operation of section 1504(c)(2)(A) of such Code (as in effect on the day before the date of the enactment of this Act). (e) Waiver of 5-Year Waiting Period.--An automatic waiver from the 5-year waiting period for reconsolidation provided in section 1504(a)(3) of the Internal Revenue Code of 1986 shall be granted to any corporation which was previously an includible corporation but was subsequently deemed a nonincludible corporation as a result of becoming a subsidiary of a corporation which was not an includible corporation solely by operation of section 1504(c)(2) of such Code (as in effect on the day before the date of enactment of this Act), subject to such conditions as the Secretary may prescribe.	Amends the Internal Revenue Code to allow affiliated life and non-life insurance companies to file consolidated tax returns. Allows: (1) a phasein, between 2007 and 2013, of the full application of losses of affiliated non-life insurance companies against the taxable income of an affiliated life insurance company; and (2) an automatic waiver of the five-year waiting period applicable to affiliated non-life insurance companies for offset of their losses against life insurance company income.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Agricultural Disaster Assistance Act of 2003''. SEC. 2. CROP DISASTER ASSISTANCE. (a) In General.--Subject to subsections (b) through (d), the Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance authorized under this section available to producers on a farm that have incurred qualifying crop losses for the 2001, 2002, or 2003 crop, or any combination of those crops, due to damaging weather or related condition, as determined by the Secretary. (b) Administration.-- (1) In general.--Except as provided in paragraph (2), the Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106- 387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. (2) Payment rates.--The Secretary shall make a disaster payment available to producers on a farm for a crop under this section at a rate equal to-- (A) 40 percent of the established price for the crop for any deficiency in production greater than 20 percent, but less than 35 percent, for the crop; and (B) 65 percent of the established price for the crop for any deficiency in production of 35 percent or more for the crop. (c) Crop Insurance.--In carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm that have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (d) Other Assistance.--Subject to subsection (c), the amount of assistance that producers on a farm would otherwise receive under this section shall be reduced by the amount of assistance provided to the producers on the farm for crop losses described in subsection (a) under any other Federal law. SEC. 3. LIVESTOCK ASSISTANCE PROGRAM. (a) In General.--Subject to subsections (b) through (c), the Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation as are necessary to make and administer payments for livestock losses to producers for 2001, 2002, or 2003, or any combination of those years, in a county that has received a corresponding emergency designation by the President or the Secretary, of which an amount determined by the Secretary shall be made available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549, 1549A-51). (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549, 1549A-51). (c) Other Assistance.--The amount of assistance that a producer would otherwise receive under this section shall be reduced by the amount of assistance provided to the producer for losses described in subsection (a) under any other Federal law. SEC. 4. FUNDING. Of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as are necessary to carry out this Act, to remain available until expended. SEC. 5. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 6. EMERGENCY DESIGNATION. (a) In General.--The entire amount made available under this Act shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). (b) Designation.--The entire amount made available under this section is designated by Congress as an emergency requirement under sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 902(e)). SEC. 7. BUDGETARY TREATMENT. Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the Joint Explanatory Statement of the Committee of Conference accompanying Conference Report No. 105-217, the provisions of this Act that would have been estimated by the Office of Management and Budget as changing direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) were it included in an Act other than an appropriation Act shall be treated as direct spending or receipts legislation, as appropriate, under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902).	Emergency Agricultural Disaster Assistance Act of 2003 - Directs the Secretary of Agriculture to use Commodity Credit Corporation funds for emergency financial assistance to producers who have suffered qualifying weather-caused crop losses in 2001, 2002, or 2003, for: (1) crops; or (2) livestock under the American Indian livestock program in a disaster-designated county. Reduces (other than crop insurance) other agricultural assistance by amounts received under this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Chief Manufacturing Officer Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds the following: (1) The manufacturing sector consists of establishments that are primarily engaged in the transformation of materials, substances, or components into products. (2) The Federal Government supports manufacturing in a variety of ways; manufacturing-related activities are scattered in several agencies in the executive branch. (3) Manufacturing employment, output, and exports are impacted by tax policies, the state of infrastructure and transportation, small business regulations, environmental regulations, trade policies, innovation ecosystems, workforce development, and education initiatives, with national security implications. (4) Manufacturers account for 12 percent of the total gross domestic product output in the United States, employing 9 percent of the workforce. Total output from manufacturing is more than 2 trillion dollars. There are more than 12 million manufacturing employees in the United States, with an average annual compensation of about $80,000. (5) Legislative policies and executive actions often result in unintended, inconsistent, and conflicting outcomes with respect to the growth of manufacturing in the United States. (b) Sense of Congress.--It is the sense of Congress that a well- designed national manufacturing strategy would benefit the United States economy in several important ways: (1) A revitalized manufacturing sector would enable the United States to derive more of its economic growth from exports and domestic production than the United States has in the past two decades. (2) Average domestic wages would rise in response to growing manufacturing output, as manufacturing jobs historically have paid higher wages and benefits than nonmanufacturing jobs. (3) A growing manufacturing sector would help lay a foundation for future United States economic growth, since manufacturing industries perform the vast share of private- sector research and development, which fuels the innovation that serves as a primary engine of economic growth. (4) The United States would expand its long-standing leadership in advanced manufacturing technologies with Federal investments in manufacturing research and development, education, and workforce training. (5) There has always been a strong connection between domestic manufacturing and national defense and homeland security. A strong and innovative manufacturing industry will maintain the superiority of the United States military and will allow for an unquestionable ability to respond quickly to threats and catastrophes. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described under section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (4) 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. (5) State educational agency.--The term ``State educational agency'' has the meaning given that term in section 8101 of the Elementary and Secondary Education Act (20 U.S.C. 7801). SEC. 4. UNITED STATES CHIEF MANUFACTURING OFFICER. (a) Appointment.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the President shall appoint a United States Chief Manufacturing Officer (referred to in this section as the ``Chief Manufacturing Officer''). (2) Qualifications.--The President shall select the Chief Manufacturing Officer from among individuals who have basic qualifications and expertise in manufacturing technology and policy. (3) Reporting.--The position of Chief Manufacturing Officer shall be in the Executive Office of the President and shall report to the President through the Chief of Staff. (4) National economic council.--The Chief Manufacturing Officer shall be a member of the National Economic Council. (b) Pay.--The annual rate of pay for the Chief Manufacturing Officer shall be an Executive Schedule rate of pay (subchapter II of chapter 53 of title 5, United States Code), as determined by the President, commensurate with the qualifications and expertise of the individual appointed to be such Officer. (c) Duties.--The duties of the Chief Manufacturing Officer are as follows: (1) To develop the national manufacturing strategy described in subsection (d) not later than May 1, 2018. (2) To advise the President on policy issues that affect the economic activities and the workforce of the manufacturing sector. (3) To foster the coordination of manufacturing-related policies and activities across agencies by-- (A) encouraging the use of best innovative manufacturing practices across the Federal Government; (B) ensuring the use of best information technologies and cybersecurity practices for manufacturing; and (C) analyzing the status of manufacturing technology needs across agencies. (4) To conduct technology policy analyses to improve United States manufacturing productivity, technology, and innovation, and cooperate with the United States manufacturing industry in the improvement of its productivity, technology, and ability to compete successfully in world markets. (5) To determine the influence of economic, labor, and other conditions, industrial structure and management, and government policies on technological developments in manufacturing sectors worldwide. (6) To identify technological needs, problems, and opportunities within and across the manufacturing sector that, if addressed, could make a significant contribution to the economy of the United States. (7) To assess whether the capital, technical, and other resources being allocated to manufacturing are likely to generate new technologies, are adequate to meet private and social demands for goods and services, and are sufficient to promote productivity and economic growth. (8) To propose studies and policy experiments, in cooperation with agencies, to determine the effectiveness of measures with the potential of advancing United States technological innovation in manufacturing. (9) To encourage the creation of joint initiatives by State and local governments, regional organizations, private companies, institutions of higher education, nonprofit organizations, or Federal laboratories to encourage technology transfer, to stimulate innovation, and to promote an appropriate climate for investment in manufacturing-related industries. (10) To propose manufacturing-related cooperative research involving appropriate agencies, State or local governments, regional organizations, institutions of higher education, nonprofit organizations, or private companies to promote the common use of resources, to improve training programs and curricula, to stimulate interest in high technology manufacturing careers, and to encourage the effective dissemination of manufacturing technology skills within the wider community. (11) To serve as a focal point for discussions among companies that manufacture in the United States on topics of interest to the manufacturing industry and workforce, including discussions regarding emerging and advanced technologies. (12) To promote Federal Government measures, including legislation, regulations, and policies with the potential of advancing United States technological innovation in manufacturing and exploiting manufacturing innovations of foreign origin. (13) To develop strategies and policies that would encourage manufacturing enterprises to maintain production facilities and retain manufacturing jobs in the United States and use manufacturing supply chains based in the United States. (14) To support communities negatively impacted by the closure or relocation of manufacturing facilities by promoting efforts to revitalize communities for new manufacturing enterprises. (15) To assist States in their economic development plans for manufacturing and in their efforts to relocate manufacturing facilities within the United States rather than moving manufacturing outside of the United States. (16) To promote the goals of the Network for Manufacturing Innovation Program established under section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s). (17) To encourage participation of public and private organizations, State educational agencies, and institutions of higher education in the annual celebration of National Manufacturing Day to enhance the public perception of manufacturing. (18) To perform such other functions or activities as the President may assign. (d) National Manufacturing Strategy.-- (1) In general.--The national manufacturing strategy developed under subsection (c)(1) shall contain a summary of the current state of manufacturing in the Federal Government and comprehensive strategies for-- (A) identifying and addressing the anticipated workforce needs of the manufacturing sector; (B) strengthening education and the required training and certifications for manufacturing; (C) creating training and appropriate career paths to manufacturing jobs for veterans and others that have become unemployed; (D) promoting the development of quality control and other technical standards; (E) maintaining reliable physical and telecommunications infrastructure, and the required investments in infrastructure projects, as needed, for manufacturing; (F) analyzing the status of manufacturing technology needs in the industrial sector and providing recommendations for economic and labor force expansions; (G) monitoring technology directions and analyzing strengths, weaknesses, threats, and opportunities in the United States manufacturing sector; (H) implementing appropriate tax incentives and credits to assist manufacturing enterprises in improving their competitiveness; (I) recommending Federal and State regulations to reduce the cost of manufacturing and improve productivity; (J) promoting the export of United States manufactured goods and enforcement of fair trading rules; (K) identifying other forms of assistance to companies that manufacture in the United States to successfully compete in world markets; (L) coordinating the United States national manufacturing strategy with the manufacturing strategy of each State to ensure a well-integrated national strategy; and (M) addressing such other issues as the President determines necessary. (2) Incorporation of other strategic plans.--The Chief Manufacturing Officer shall incorporate into the national manufacturing strategy described in paragraph (1) the following: (A) The national strategic plan for advanced manufacturing developed under section 102(c) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622(c)). (B) The strategic plan developed for the Network for Manufacturing Innovation Program under section 34(f)(2)(C) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(f)(2)(C)). (e) Annual Updates.--The Chief Manufacturing Officer, in consultation with the Director of the Office of Management and Budget, shall submit annual updates to the President and Congress that describe the progress made toward-- (1) achieving the objectives of the national strategic plan for advanced manufacturing developed under section 102(c) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622(c)); and (2) carrying out the national manufacturing strategy developed under this section, including implementing strategies for-- (A) promoting innovation and investment in domestic manufacturing; (B) supporting the development of a skilled and diverse manufacturing workforce; (C) promoting equitable trade policies; (D) expanding exports of manufactured goods; (E) enabling global competitiveness; (F) encouraging sustainability; and (G) supporting national security.	Chief Manufacturing Officer Act This bill: (1) expresses the sense of Congress that a well-designed national manufacturing strategy would benefit the U.S. economy, and (2) directs the President to appoint a United States Chief Manufacturing Officer, which shall be a member of the National Economic Council. The Officer's duties shall include developing, by May 1, 2018, a national manufacturing strategy, which shall incorporate: (1) the national strategic plan for advanced manufacturing developed under the America COMPETES Reauthorization Act of 2010, and (2) the strategic plan developed for the Network for Manufacturing Innovation Program under the National Institute of Standards and Technology Act. The Officer shall provide annual updates on progress made toward achieving the objectives of such strategic plan for advanced manufacturing and carrying out the strategy developed under this bill.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Raising Online While Deterring Fraud and Unethical Non-Disclosure Act of 2011'' or the ``CROWDFUND Act''. SEC. 2. CROWDFUNDING EXEMPTION. (a) Securities Act of 1933.--Section 4 of the Securities Act of 1933 (15 U.S.C. 77d) is amended by adding at the end the following: ``(6) any transaction involving the offer or sale of securities by an issuer (including all entities controlled by or under common control with the issuer), provided that-- ``(A) the aggregate amount sold to all investors by an issuer, including any amount sold in reliance on the exemption provided under this paragraph during the 12- month period preceding the date of such transaction, is not more than $1,000,000, as such amount is adjusted by the Commission by notice published in the Federal Register to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics; ``(B) the aggregate amount sold to any investor by an issuer, including any amount sold in reliance on the exemption provided under this paragraph during the 12- month period preceding the date of such transaction, does not exceed the greater of-- ``(i) $500, as such amount is adjusted by the Commission by notice published in the Federal Register to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics; or ``(ii) if the investor has an annual income of-- ``(I) greater than $50,000 but less than $100,000 (as such amounts are adjusted by the Commission by notice published in the Federal Register to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics), 1 percent of the annual income of such investor; or ``(II) greater than $100,000 (as such amount is adjusted by the Commission by notice published in the Federal Register to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics), 2 percent of the annual income of such investor; ``(C) the transaction is conducted through a broker or funding portal that complies with the requirements of section 4A(a); and ``(D) the issuer complies with the requirements of section 4A(b).''. (b) Requirements To Qualify for Crowdfunding Exemption.--The Securities Act of 1933 (15 U.S.C. 77a et seq.) is amended by inserting after section 4 the following: ``SEC. 4A. REQUIREMENTS WITH RESPECT TO CERTAIN SMALL TRANSACTIONS. ``(a) Requirements on Intermediaries.--A person engaged in the business of effecting transactions in securities for the account of others pursuant to section 4(6) shall-- ``(1) register with the Commission as-- ``(A) a broker; or ``(B) a funding portal (as defined in section 3(a)(80) of the Securities Exchange Act of 1934); ``(2) register with any applicable self-regulatory organization (as defined in section 3(a)(26) of the Securities Exchange Act of 1934); ``(3) provide such disclosures, including disclosures related to risks and other investor education materials, as the Commission shall, by rule, determine appropriate; ``(4) ensure that each potential investor-- ``(A) reviews investor-education information, in line with standards established by the Commission, by rule; ``(B) positively affirms that the investor understands that the investor is risking the loss of the entire investment, and that the investor could bear such a loss; and ``(C) answers questions demonstrating-- ``(i) an understanding of the level of risk generally applicable to investments in startups, emerging businesses, and small issuers; ``(ii) an understanding of the risk of illiquidity; and ``(iii) an understanding of such other matters as the Commission determines appropriate, by rule; ``(5) take such measures to reduce the risk of fraud with respect to such transactions, as established by rule of the Commission, including obtaining a criminal background check and securities enforcement regulatory history check on each officer, director, and person holding more than 20 percent of the shares of every issuer whose securities are offered by such person; ``(6) not later than 1 month prior to the first day on which securities are offered to any potential investor (or such other period as the Commission may establish), provide in writing to the Commission and each potential investor any information provided by the issuer pursuant to subsection (b); ``(7) ensure that all offering proceeds are only provided to the issuer when the aggregate capital raised from all investors is equal to the target offering amount, and allow all investors to cancel their commitments to invest, as the Commission, by rule, shall determine appropriate; ``(8) make such efforts as the Commission determines appropriate, by rule, to ensure that, for any offering made pursuant to section 4(6), that no investor exceeds the investment limits set forth in section 4(6)(B); ``(9) make such efforts as the Commission determines appropriate, by rule, to ensure that no investor has purchased securities offered pursuant to section 4(6), that in the aggregate from all issuers, exceed the greater of-- ``(A) $2,000 (as such amount is adjusted by the Commission, by notice published in the Federal Register to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics); or ``(B) if the investor has an annual income of-- ``(i) greater than $50,000 but not more than $100,000 (as such amounts are adjusted by the Commission, by notice published in the Federal Register to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics), 4 percent of the annual income of such investor; or ``(ii) greater than $100,000 (as such amount is adjusted by the Commission by notice published in the Federal Register to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics), 8 percent of the annual income of such investor; ``(10) takes such steps to protect the privacy of information collected from investors as the Commission shall, by rule, determine appropriate; ``(11) not compensate promoters, finders, lead generators, or other persons to attract or provide the personal information of any potential investor; ``(12) prohibit its directors, officers, partners, or employees (or any person occupying a similar status or performing a similar function) from having any financial interest in an issuer using its services; and ``(13) meet such other requirements as the Commission may, by rule, prescribe. ``(b) Requirements for Issuers.--For purposes of section 4(6), an issuer who offers or sells securities shall-- ``(1) be organized under and subject to the laws of a State; ``(2) file with the Commission and provide to actual and potential investors and the relevant broker or funding portal-- ``(A) the name, legal status, physical address, and website address of the issuer; ``(B) the names of the directors and officers (and any persons occupying a similar status or performing a similar function), and each person holding more than 20 percent of the shares of the issuer; ``(C) a description of the business of the issuer and the anticipated business plan of the issuer; ``(D) a description of the financial condition of the issuer, including-- ``(i) financial statements reviewed by a public accountant who is independent of the issuer, using professional standards and procedures for such review or standards and procedures established by rule of the Commission for such purpose; or ``(ii) for offerings seeking to raise more than $500,000 (or such other amount as may be established by the Commission, by rule), audited financial statements; ``(E) a description of the stated purpose and intended use of the proceeds of the offering sought by the issuer; ``(F) the target offering amount, the deadline to reach the target offering amount, and regular updates regarding the progress of the issuer in meeting the target offering amount; ``(G) the price at which the securities will be offered for a given ownership stake; ``(H) a description of the ownership and capital structure of the issuer, how the securities being offered are being valued, what the rights of the securities are, and how rights may be exercised by the issuer and shareholders; and ``(I) such other information as the Commission may, by rule, prescribe; ``(3) not advertise the specific details of the offering, except for notices which direct investors to the funding portal or broker; ``(4) file with the Commission and provide to investors quarterly reports of the results of operations and financial statements, as the Commission shall, by rule, determine appropriate, subject to such exceptions and termination dates as the Commission may establish, by rule; and ``(5) comply with such other requirements as the Commission may prescribe, by rule. ``(c) Liability for Misstatements.--The issuer and any person who is a director or officer (or any person occupying a similar status or performing a similar function) or partner in the issuer shall be liable to any person acquiring such security that was subject to an offering pursuant to section 4(6) for any untrue statement of a material fact or omission to state a material fact required to be stated in connection with any offering made pursuant to section 4(6). ``(d) Information Available to States.--The Commission shall make the information described in subsection (b) and such other information as the Commission, by rule, determines appropriate, available to the appropriate securities regulatory authority of each State. ``(e) Restrictions on Sales.--Securities issued pursuant to a transaction described in section 4(6)-- ``(1) may not be transferred by the purchaser of such securities during the 2-year period beginning on the date of purchase, unless such securities are transferred-- ``(A) to the issuer of the securities; ``(B) to an accredited investor; ``(C) as part of an offering registered with the Commission; or ``(D) to a member of the family of the purchaser or the equivalent, or in connection with the death of the purchaser; and ``(2) shall be subject to such other limitations as the Commission shall establish, by rule. ``(f) Rule of Construction.--Nothing in this section or section 4(6) shall be construed as preventing an issuer from raising capital through methods not described under section 4(6).''. (c) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission (in this Act referred to as the ``Commission'') shall issue such rules as may be necessary to carry out section 4(6) and section 4A of the Securities Act of 1933, as added by this Act. (d) Disqualification.--Not later than 1 year after the date of enactment of this Act, the Commission shall, by rule, establish disqualification provisions that are substantially similar to the disqualification provisions contained in the regulations adopted in accordance with section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 77d note)-- (1) under which an issuer shall not be eligible to offer securities pursuant to section 4(6) of the Securities Act of 1933, as added by this Act; and (2) under which a funding portal or broker shall not be eligible to effect transactions for the account of others pursuant to section 4(6) of the Securities Act of 1933, as added by this Act. SEC. 3. EXCLUSION OF CROWDFUNDING INVESTORS FROM SHAREHOLDER CAP. Section 12(g) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(g)) is amended by adding at the end the following: ``(6) Exclusion for persons holding certain securities.-- The Commission may, as appropriate, exempt from this subsection securities acquired pursuant to an offering made under section 4(6) of the Securities Act of 1933.''. SEC. 4. FUNDING PORTAL REGULATION. (a) Exemption.-- (1) In general.--Section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c) is amended by adding at the end the following: ``(h) Limited Exemption for Funding Portals.--The Commission shall, by rule, as the Commission determines appropriate, exempt funding portals from the registration requirements of section 15(a)(1), conditionally or unconditionally, provided that such funding portals remain subject to such examination by the Commission and a national securities association and to such other requirements under this title as the Commission determines appropriate under such rule.''. (2) Rulemaking.--A rule to carry out section 3(h) of the Securities Exchange Act of 1934 (15 U.S.C. 78c), as added by this subsection, shall be issued not later than 1 year after the date of enactment of this Act. (b) Definition.--Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended by adding at the end the following: ``(80) Funding portal.--The term `funding portal' means any person engaged in the business of effecting transactions in securities for the account of others, solely pursuant to section 4(6) of the Securities Act of 1933 (15 U.S.C. 77d(6)) that does not-- ``(A) offer investment advice or recommendations; ``(B) solicit purchases, sales, or offers to buy the securities offered or displayed on its website or portal; ``(C) compensate employees, agents, or other third parties for such solicitation or based on the sale of securities displayed or references on its website or portal; ``(D) hold, manage, possess, or otherwise handle investor funds or securities; or ``(E) engage in such other activities as the Commission may, by rule, determine appropriate.''. SEC. 5. FRAUD RESPONSE REVIEW. The Commission shall conduct a review of the effects of the provisions of this Act on investor protection-- (1) once every 6 months during the first 2 years after the date of enactment of this Act; (2) annually during the 3 years following the 2-year period referred to in paragraph (1); and (3) not less frequently than once every 5 years thereafter.	Capital Raising Online While Deterring Fraud and Unethical Non-Disclosure Act of 2011 or CROWDFUND Act - Amends the Securities Act of 1933 (SA) to prescribe conditions under which transactions of $1 million or less involving the offer or sale of securities by an issuer through a broker or funding portal are exempt from certain registration requirements and prohibitions relating to interstate commerce and the mails (crowdfunding exemption). (Crowdfunding is a method of capital formation by which groups of people pool money, typically composed of very small individual contributions, and often via Internet platforms, to invest in a company or otherwise support an effort by others to accomplish a specific goal.) Amends the Securities Exchange Act of 1934 (SEA) to define "funding portal" as any person engaged in the business of effecting securities transactions for the account of others, solely pursuant to the crowdfunding exemption under this Act, that does not: (1) offer investment advice or recommendations; (2) solicit purchases, sales, or offers to buy the securities offered or displayed on its website or portal; (3) compensate employees, agents, or other third parties for such solicitation or based on the sale of securities displayed or references on its website or portal; (4) hold, manage, possess, or otherwise handle investor funds or securities; or (5) engage in other activities determined by the Securities and Exchange Commission (SEC). Amends the SA to set forth qualification requirements for such crowdfunding exemption, including those for intermediaries and issuers. Sets forth restrictions on sales of such exempt securities. Amends the SEA to authorize the SEC to exempt crowdfunding investors from certain shareholder caps under the Securities Act of 1933. Requires the SEC to exempt funding portals from certain registration requirements, provided that they remain subject to examination by the SEC and a national securities association. Directs the SEC to review periodically the effects of this Act upon investor protection.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Wheeling National Heritage Area Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the area in an around Wheeling, West Virginia, possesses important historical, cultural, and natural resources, representing major heritage themes of transportation, commerce and industry, and Victorian culture in the United States; (2) the City of Wheeling has played an important part in the settlement of this country by serving as-- (A) the western terminus of the National Road of the early 1800's; (B) the ``Crossroads of America'' throughout the nineteenth century; (C) one of the few major inland ports in the nineteenth century; and (D) the site for the establishment of the Restored State of Virginia, and later the State of West Virginia, during the Civil War and as the first capital of the new State of West Virginia; (3) the City of Wheeling has also played an important role in the industrial and commercial heritage of the United States, through the development and maintenance of many industries crucial to the Nation's expansion, including iron and steel, textile manufacturing, boat building, glass manufacturing, and stogie and chewing tobacco manufacturing facilities, many of which are industries that continue to play an important role in the national economy; (4) the city of Wheeling has retained its national heritage themes with the designations of the old custom house (now Independence Hall) and the historic suspension bridge as National Historic Landmarks; with five historic districts; and many individual properties in the Wheeling area listed or eligible for nomination to the National Register of Historic Places; (5) the heritage themes and number and diversity of Wheeling's remaining resources should be appropriately retained, enhanced, and interpreted for the education, benefit, and inspiration of the people of the United States; and (6) in 1992 a comprehensive plan for the development and administration of the Wheeling National Heritage Area was completed for the National Park Service, the City of Wheeling, and the Wheeling National Heritage Task Force, including-- (A) an inventory of the natural and cultural resources in the City of Wheeling; (B) criteria for preserving and interpreting significant natural and historic resources; (C) a strategy for the conservation, preservation, and reuse of the historical and cultural resources in the City of Wheeling and the surrounding region; and (D) an implementation agenda by which the State of West Virginia and local governments can coordinate their resources as well as a complete description of the management entity responsible for implementing the comprehensive plan. (b) Purposes.--The purposes of this Act are-- (1) to recognize the special importance of the history and development of the Wheeling area in the cultural heritage of the Nation; (2) to provide a framework to assist the City of Wheeling and other public and private entities and individuals in the appropriate preservation, enhancement, and interpretation of significant resources in the Wheeling area emblematic of Wheeling's contributions to the Nation's cultural heritage; (3) to allow for limited Federal, State and local capital contributions for planning and infrastructure investments to complete the Wheeling National Heritage Area, in partnership with the State of West Virginia, the City of Wheeling, and other appropriate public and private entities; and (4) to provide for an economically self-sustaining National Heritage Area not dependent on Federal financial assistance beyond the initial years necessary to establish the heritage area. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``city'' means the City of Wheeling; (2) the term ``heritage area'' means the Wheeling National Heritage Area established in section 4; (3) the term ``plan'' means the ``Plan for the Wheeling National Heritage Area'' dated August, 1992; (4) the term ``Secretary'' means the Secretary of the Interior; and (5) the term ``State'' means the State of West Virginia. SEC. 4. WHEELING NATIONAL HERITAGE AREA. (a) Establishment.--In furtherance of the purposes of this Act, there is established in the State of West Virginia the Wheeling National Heritage Area, as generally depicted on the map entitled ``Boundary Map, Wheeling National Heritage Area, Wheeling, West Virginia'' and dated March, 1994. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (b) Management Entity.--(1) The management entity for the heritage area shall be the Wheeling National Heritage Area Corporation, a non- profit corporation chartered in the State of West Virginia. (2) To the extent consistent with this Act, the management entity shall manage the heritage area in accordance with the plan. SEC. 5. DUTIES OF THE MANAGEMENT ENTITY. (a) Mission.--(1) The primary mission of the management entity shall be-- (A) to implement and coordinate the recommendations contained in the plan; (B) ensure integrated operation of the heritage area; and (C) conserve and interpret the historic and cultural resources of the heritage area. (2) The management entity shall also direct and coordinate the diverse conservation, development, programming, educational, and interpretive activities within the heritage area. (b) Recognition of Plan.--The management entity shall work with the State of West Virginia and local governments to ensure that the plan is formally adopted by the City and recognized by the State. (c) Implementation.--To the extent practicable, the management entity shall-- (1) implement the recommendations contained in the plan in a timely manner pursuant to the schedule identified in the plan-- (2) coordinate its activities with the City, the State, and the Secretary; (3) ensure the conservation and interpretation of the heritage area's historical, cultural, and natural resources, including-- (A) assisting the City and the State in the preservation of sites, buildings, and objects within the heritage area which are listed or eligible for listing on the National Register of Historic Places; (B) assisting the City, the State, or a nonprofit organization in the restoration of any historic building in the heritage area; (C) increasing public awareness of and appreciation for the natural, cultural, and historic resources of the heritage area; (D) assisting the State or City in designing, establishing, and maintaining appropriate interpretive facilities and exhibits in the heritage area; (E) assisting in the enhancement of public awareness and appreciation for the historical, archaeological, and geologic resources and sites in the heritage area; and (F) encouraging the City and other local governments to adopt land use policies consistent with the goals of the plan, and to take actions to implement those policies; (4) encourage intergovernmental cooperation in the achievement of these objectives; (5) develop recommendations for design standards within the heritage area; and (6) seek to create public-private partnerships to finance projects and initiatives within the heritage area. (d) Authorities.--The management entity may, for the purposes of implementing the plan, use Federal funds made available by this Act to-- (1) make grants to the State, City, or other appropriate public or private organizations, entities, or persons; (2) enter into cooperative agreements with, or provide technical assistance to Federal agencies, the State, City or other appropriate public or private organizations, entities, or persons; (3) hire and compensate such staff as the management entity deems necessary; (4) obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money; (5) spend funds on promotion and marketing consistent with the resources and associated values of the heritage area in order to promote increased visitation; and (6) contract for goods and services. (e) Acquisition of Real Property.--(1) Except as provided in paragraph (2), the management entity may not acquire any real property or interest therein within the heritage area, other than the leasing of facilities. (2)(A) Subject to subparagraph (B), the management entity may acquire real property, or an interest therein, within the heritage area by gift or devise, or by purchase from a willing seller with money which was donated, bequeathed, appropriated, or otherwise made available to the management entity on the condition that such money be used to purchase real property, or interest therein, within the heritage area. (B) Any real property or interest therein acquired by the management entity pursuant to this paragraph shall be conveyed in perpetuity by the management entity to an appropriate public or private entity, as determined by the management entity. Any such conveyance shall be made as soon as practicable after acquisition, without consideration, and on the condition that the real property or interest therein so conveyed shall be used for public purposes. (f) Revision of Plan.--Within 18 months after the date of enactment, the management entity shall submit to the Secretary a revised plan. Such revision shall include, but not be limited to-- (1) a review of the implementation agenda for the heritage area; (2) projected capital costs; and (3) plans for partnership initiatives and expansion of community support. SEC. 6. DUTIES OF THE SECRETARY. (a) Interpretive Support.--The Secretary may, upon request of the management entity, provide appropriate interpretive, planning, educational, staffing, exhibits, and other material or support for the heritage area, consistent with the plan and as appropriate to the resources and associated values of the heritage area. (b) Technical Assistance.--The Secretary may, upon request of the management entity and consistent with the plan, provide technical assistance to the management entity. (c) Cooperative Agreements and Grants.--The Secretary may, in consultation with the management entity and consistent with the management plan, make grants to, and enter into cooperative agreements with the management entity, the State, City, non-profit organization or any person. (d) Plan Amendments.--No amendments to the plan may be made unless approved by the Secretary. The Secretary shall consult with the management entity in reviewing any proposed amendments. SEC. 7. DUTIES OF OTHER FEDERAL AGENCIES. Any Federal department, agency, or other entity conducting or supporting activities directly affecting the heritage area shall-- (1) consult with the Secretary and the management entity with respect to such activities; (2) cooperate with the Secretary and the management entity in carrying out their duties under this Act, and to the extent practicable, coordinate such activities directly with the duties of the Secretary and the management entity; (3) to the extent practicable, conduct or support such activities in a manner which the management entity determines will not have an adverse effect on the heritage area. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, except that not more than $1,000,000 may be appropriated to carry out this Act for any fiscal year. (b) Matching Funds.--Federal funding provided under this Act shall be matched at least 25 percent by other funds or in-kind services. SEC. 9. SUNSET. The Secretary may not make any grant or provide any assistance under this Act after September 30, 2015. Passed the Senate September 18, 2000. Attest: GARY SISCO, Secretary.	Makes the Wheeling National Heritage Area Corporation the management entity for the Area, which shall implement and coordinate the recommendations contained in the Wheeling National Heritage Area Plan dated August, 1992. Requires the Corporation to submit to the Secretary of the Interior a revised plan for the management of the Area. Authorizes appropriations, with an annual fiscal year limitation. Requires at least 25 percent in non-Federal matching funds. Prohibits the Secretary from making any grants or providing any assistance under this Act after September 30, 2015.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosecution Drug Treatment Alternative to Prison Act of 2000''. SEC. 2. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED BY STATE OR LOCAL PROSECUTORS. (a) Prosecution Drug Treatment Alternative to Prison Programs.-- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following new part: ``PART AA--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ``SEC. 2701. PROGRAM AUTHORIZED. ``(a) In General.--The Attorney General may make grants to State or local prosecutors for the purpose of developing, implementing, or expanding drug treatment alternative to prison programs that comply with the requirements of this part. ``(b) Use of Funds.--A State or local prosecutor who receives a grant under this part shall use amounts provided under the grant to develop, implement, or expand the drug treatment alternative to prison program for which the grant was made, which may include payment of the following expenses: ``(1) Salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit. ``(2) Payments to licensed substance abuse treatment providers for providing treatment to offenders participating in the program for which the grant was made, including aftercare supervision, vocational training, education, and job placement. ``(3) Payments to public and nonprofit private entities for providing treatment to offenders participating in the program for which the grant was made. ``(c) Federal Share.--The Federal share of a grant under this part shall not exceed 75 percent of the cost of the program. ``(d) Supplement and Not Supplant.--Grant amounts received under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be available for activities funded under this part. ``SEC. 2702. PROGRAM REQUIREMENTS. ``A drug treatment alternative to prison program with respect to which a grant is made under this part shall comply with the following requirements: ``(1) A State or local prosecutor shall administer the program. ``(2) An eligible offender may participate in the program only with the consent of the State or local prosecutor. ``(3) Each eligible offender who participates in the program shall, as an alternative to incarceration, be sentenced to or placed with a long term, drug free residential substance abuse treatment provider that is licensed under State or local law. ``(4) Each eligible offender who participates in the program shall serve a sentence of imprisonment with respect to the underlying crime if that offender does not successfully complete treatment with the residential substance abuse provider. ``(5) Each residential substance abuse provider treating an offender under the program shall-- ``(A) make periodic reports of the progress of treatment of that offender to the State or local prosecutor carrying out the program and to the appropriate court in which the defendant was convicted; and ``(B) notify that prosecutor and that court if that offender absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program. ``(6) The program shall have an enforcement unit comprised of law enforcement officers under the supervision of the State or local prosecutor carrying out the program, the duties of which shall include verifying an offender's addresses and other contacts, and, if necessary, locating, apprehending, and arresting an offender who has absconded from the facility of a residential substance abuse treatment provider or otherwise violated the terms and conditions of the program, and returning such offender to court for sentence on the underlying crime. ``SEC. 2703. APPLICATIONS. ``(a) In General.--To request a grant under this part, a State or local prosecutor shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. ``(b) Certifications.--Each such application shall contain the certification of the State or local prosecutor that the program for which the grant is requested shall meet each of the requirements of this part. ``SEC. 2704. GEOGRAPHIC DISTRIBUTION. ``The Attorney General shall ensure that, to the extent practicable, the distribution of grant awards is equitable and includes State or local prosecutors-- ``(1) in each State; and ``(2) in rural, suburban, and urban jurisdictions. ``SEC. 2705. REPORTS AND EVALUATIONS. ``For each fiscal year, each recipient of a grant under this part during that fiscal year shall submit to the Attorney General a report regarding the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted. ``SEC. 2706. DEFINITIONS. ``In this part: ``(1) Eligible offender.--The term `eligible offender' means an individual who-- ``(A) has been convicted of, or pled guilty to, or admitted guilt with respect to a crime for which a sentence of imprisonment is required and has not completed such sentence; ``(B) has never been convicted of, or pled guilty to, or admitted guilt with respect to, and is not presently charged with, a felony crime of violence or a major drug offense or a crime that is considered a violent felony under State or local law; and ``(C) has been found by a professional substance abuse screener to be in need of substance abuse treatment because that offender has a history of substance abuse that is a significant contributing factor to that offender's criminal conduct. ``(2) Felony crime of violence.--The term `felony crime of violence' has the meaning given such term in section 924(c)(3) of title 18, United States Code. ``(3) Major drug offense.--The term `major drug offense' has the meaning given such term in section 36(a) of title 18, United States Code. ``(4) State or local prosecutor.--The term `State or local prosecutor' means any district attorney, State attorney general, county attorney, or corporation counsel who has authority to prosecute criminal offenses under State or local law.''. (b) Authorization of Appropriations.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following new paragraph: ``(24) There are authorized to be appropriated to carry out part AA-- ``(A) $75,000,000 for fiscal year 2001; ``(B) $85,000,000 for fiscal year 2002; ``(C) $95,000,000 for fiscal year 2003; ``(D) $105,000,000 for fiscal year 2004; and ``(E) $125,000,000 for fiscal year 2005.''.	Sets forth provisions regarding permissible uses of grant funds, the Federal cost share (75 percent), program and application requirements, geographic distribution of grant awards, reports, and evaluations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Arts and Crafts Amendments Act of 2009''. SEC. 2. INDIAN ARTS AND CRAFTS. (a) Criminal Proceedings; Civil Actions; Misrepresentations.-- Section 5 of the Act entitled ``An Act to promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes'' (25 U.S.C. 305d) is amended to read as follows: ``SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS. ``(a) Definition of Federal Law Enforcement Officer.--In this section, the term `Federal law enforcement officer' includes a Federal law enforcement officer (as defined in section 115(c) of title 18, United States Code). ``(b) Authority To Conduct Investigations.--Any Federal law enforcement officer shall have the authority to conduct an investigation relating to an alleged violation of this Act occurring within the jurisdiction of the United States. ``(c) Criminal Proceedings.-- ``(1) Investigation.-- ``(A) In general.--The Board may refer an alleged violation of section 1159 of title 18, United States Code, to any Federal law enforcement officer for appropriate investigation. ``(B) Referral not required.--A Federal law enforcement officer may investigate an alleged violation of section 1159 of that title regardless of whether the Federal law enforcement officer receives a referral under subparagraph (A). ``(2) Findings.--The findings of an investigation of an alleged violation of section 1159 of title 18, United States Code, by any Federal department or agency under paragraph (1)(A) shall be submitted, as appropriate, to-- ``(A) a Federal or State prosecuting authority; or ``(B) the Board. ``(3) Recommendations.--On receiving the findings of an investigation under paragraph (2), the Board may-- ``(A) recommend to the Attorney General that criminal proceedings be initiated under section 1159 of title 18, United States Code; and ``(B) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate. ``(d) Civil Actions.--In lieu of, or in addition to, any criminal proceeding under subsection (c), the Board may recommend that the Attorney General initiate a civil action under section 6.''. (b) Cause of Action for Misrepresentation.--Section 6 of the Act entitled ``An Act to promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes'' (25 U.S.C. 305e) is amended-- (1) by striking subsection (d); (2) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; (3) by inserting before subsection (b) (as redesignated by paragraph (2)) the following: ``(a) Definitions.--In this section: ``(1) Indian.--The term `Indian' means an individual that-- ``(A) is a member of an Indian tribe; or ``(B) is certified as an Indian artisan by an Indian tribe. ``(2) Indian product.--The term `Indian product' has the meaning given the term in any regulation promulgated by the Secretary. ``(3) Indian tribe.-- ``(A) In general.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(B) Inclusion.--The term `Indian tribe' includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by-- ``(i) a State legislature; ``(ii) a State commission; or ``(iii) another similar organization vested with State legislative tribal recognition authority. ``(4) Secretary.--The term `Secretary' means the Secretary of the Interior.''; (4) in subsection (b) (as redesignated by paragraph (2)), by striking ``subsection (c)'' and inserting ``subsection (d)''; (5) in subsection (c) (as redesignated by paragraph (2))-- (A) by striking ``subsection (a)'' and inserting ``subsection (b)''; and (B) by striking ``suit'' and inserting ``the civil action''; (6) by striking subsection (d) (as redesignated by paragraph (2)) and inserting the following: ``(d) Persons That May Initiate Civil Actions.-- ``(1) In general.--A civil action under subsection (b) may be initiated by-- ``(A) the Attorney General, at the request of the Secretary acting on behalf of-- ``(i) an Indian tribe; ``(ii) an Indian; or ``(iii) an Indian arts and crafts organization; ``(B) an Indian tribe, acting on behalf of-- ``(i) the Indian tribe; ``(ii) a member of that Indian tribe; or ``(iii) an Indian arts and crafts organization; ``(C) an Indian; or ``(D) an Indian arts and crafts organization. ``(2) Disposition of amounts recovered.-- ``(A) In general.--Except as provided in subparagraph (B), an amount recovered in a civil action under this section shall be paid to the Indian tribe, the Indian, or the Indian arts and crafts organization on the behalf of which the civil action was initiated. ``(B) Exceptions.-- ``(i) Attorney general.--In the case of a civil action initiated under paragraph (1)(A), the Attorney General may deduct from the amount-- ``(I) the amount of the cost of the civil action and reasonable attorney's fees awarded under subsection (c), to be deposited in the Treasury and credited to appropriations available to the Attorney General on the date on which the amount is recovered; and ``(II) the amount of the costs of investigation awarded under subsection (c), to reimburse the Board for the activities of the Board relating to the civil action. ``(ii) Indian tribe.--In the case of a civil action initiated under paragraph (1)(B), the Indian tribe may deduct from the amount-- ``(I) the amount of the cost of the civil action; and ``(II) reasonable attorney's fees.''; and (7) in subsection (e), by striking ``(e) In the event that'' and inserting the following: ``(e) Savings Provision.--If''. SEC. 3. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS. Section 1159 of title 18, United States Code, is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Penalty.--Any person that knowingly violates subsection (a) shall-- ``(1) in the case of a first violation by that person-- ``(A) if the applicable goods are offered or displayed for sale at a total price of $1,000 or more, or if the applicable goods are sold for a total price of $1,000 or more-- ``(i) in the case of an individual, be fined not more than $250,000, imprisoned for not more than 5 years, or both; and ``(ii) in the case of a person other than an individual, be fined not more than $1,000,000; and ``(B) if the applicable goods are offered or displayed for sale at a total price of less than $1,000, or if the applicable goods are sold for a total price of less than $1,000-- ``(i) in the case of an individual, be fined not more than $25,000, imprisoned for not more than 1 year, or both; and ``(ii) in the case of a person other than an individual, be fined not more than $100,000; and ``(2) in the case of a subsequent violation by that person, regardless of the amount for which any good is offered or displayed for sale or sold-- ``(A) in the case of an individual, be fined under this title, imprisoned for not more than 15 years, or both; and ``(B) in the case of a person other than an individual, be fined not more than $5,000,000.''; and (2) in subsection (c), by striking paragraph (3) and inserting the following: ``(3) the term `Indian tribe'-- ``(A) has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); and ``(B) includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by-- ``(i) a State legislature; ``(ii) a State commission; or ``(iii) another similar organization vested with State legislative tribal recognition authority; and''. Passed the Senate July 24, 2009. Attest: NANCY ERICKSON, Secretary.	Indian Arts and Crafts Amendments Act of 2009 - Amends the Indian Arts and Crafts Act of 1990 to expand the authority of the Indian Arts and Crafts Board to bring criminal and civil actions for offenses under such Act involving the sale of misrepresented Indian produced goods or products. Authorizes: (1) any federal law enforcement officer to conduct an investigation of an alleged violation of this Act occurring within the jurisdiction of the United States; and (2) the Indian Arts and Crafts Board to refer an alleged violation to any federal law enforcement officer (currently, only to the Federal Bureau of Investigation (FBI)) for investigation. Permits federal law enforcement officers to investigate an alleged violation regardless of whether the Board makes a referral of an alleged violation. Requires the findings of any investigation of an alleged violation to be submitted to a federal or state prosecuting authority or the Indian Arts and Crafts Board. Authorizes the Board, upon receiving the findings of such an investigation, to: (1) recommend to the Attorney General that criminal proceedings be initiated (current law); (2) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate; or (3) recommend, in lieu of, or in addition to, any such criminal proceeding, that the Attorney General initiate a civil action. Allows the Attorney General, an Indian tribe, an Indian, or an Indian arts and crafts organization to initiate a civil action under this Act. Amends the federal criminal code to revise penalties for the sale of misrepresented Indian produced goods and products.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Wireless Communications and Public Safety Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the establishment and maintenance of an end-to-end communications infrastructure among members of the public, emergency safety, fire service and law enforcement officials, emergency dispatch providers, transportation officials, and hospital emergency and trauma care facilities will reduce response times for the delivery of emergency care, assist in delivering appropriate care, and thereby prevent fatalities, substantially reduce the severity and extent of injuries, reduce time lost from work, and save thousands of lives and billions of dollars in health care costs; (2) the rapid, efficient deployment of emergency telecommunications service requires statewide coordination of the efforts of local public safety, fire service and law enforcement officials, emergency dispatch providers, and transportation officials; the establishment of sources of adequate funding for carrier and public safety, fire service and law enforcement agency technology development and deployment; the coordination and integration of emergency communications with traffic control and management systems and the designation of 9-1-1 as the number to call in emergencies throughout the Nation; (3) emerging technologies can be a critical component of the end-to-end communications infrastructure connecting the public with emergency medical service providers and emergency dispatch providers, public safety, fire service and law enforcement officials, and hospital emergency and trauma care facilities, to reduce emergency response times and provide appropriate care; (4) improved public safety remains an important public health objective of Federal, State, and local governments and substantially facilitates interstate and foreign commerce; (5) emergency care systems, particularly in rural areas of the Nation, will improve with the enabling of prompt notification of emergency services when motor vehicle crashes occur; and (6) the construction and operation of seamless, ubiquitous, and reliable wireless telecommunications systems promote public safety and provide immediate and critical communications links among members of the public; emergency medical service providers and emergency dispatch providers; public safety, fire service and law enforcement officials; transportation officials, and hospital emergency and trauma care facilities. (b) Purpose.--The purpose of this Act is to encourage and facilitate the prompt deployment throughout the United States of a seamless, ubiquitous, and reliable end-to-end infrastructure for communications, including wireless communications, to meet the Nation's public safety and other communications needs. SEC. 3. UNIVERSAL EMERGENCY TELEPHONE NUMBER. (a) Establishment of Universal Emergency Telephone Number.--Section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) is amended by adding at the end the following new paragraph: ``(3) Universal emergency telephone number.--The Commission and any agency or entity to which the Commission has delegated authority under this subsection shall designate 9-1-1 as the universal emergency telephone number within the United States for reporting an emergency to appropriate authorities and requesting assistance. The designation shall apply to both wireline and wireless telephone service. In making the designation, the Commission (and any such agency or entity) shall provide appropriate transition periods for areas in which 9-1-1 is not in use as an emergency telephone number on the date of enactment of the Wireless Communications and Public Safety Act of 1999.''. (b) Support.--The Federal Communications Commission shall encourage and support efforts by States to deploy comprehensive end-to-end emergency communications infrastructure and programs, based on coordinated statewide plans, including seamless, ubiquitous, reliable wireless telecommunications networks and enhanced wireless 9-1-1 service. In encouraging and supporting that deployment, the Commission shall consult and cooperate with State and local officials responsible for emergency services and public safety, the telecommunications industry (specifically including the cellular and other wireless telecommunications service providers), the motor vehicle manufacturing industry, emergency medical service providers and emergency dispatch providers, transportation officials, special 9-1-1 districts, public safety, fire service and law enforcement officials, consumer groups, and hospital emergency and trauma care personnel (including emergency physicians, trauma surgeons, and nurses). The Commission shall encourage each State to develop and implement coordinated statewide deployment plans, through an entity designated by the governor, and to include representatives of the foregoing organizations and entities in development and implementation of such plans. Nothing in this subsection shall be construed to authorize or require the Commission to impose obligations or costs on any person. SEC. 4. PARITY OF PROTECTION FOR PROVISION OR USE OF WIRELESS SERVICE. (a) Provider Parity.--A wireless carrier, and its officers, directors, employees, vendors, and agents, shall have immunity or other protection from liability in a State of a scope and extent that is not less than the scope and extent of immunity or other protection from liability that any local exchange company, and its officers, directors, employees, vendors, or agents, have under Federal and State law (whether through statute, judicial decision, tariffs filed by such local exchange company, or otherwise) applicable in such State, including in connection with an act or omission involving the release to a PSAP, emergency medical service provider or emergency dispatch provider, public safety, fire service or law enforcement official, or hospital emergency or trauma care facility of subscriber information related to emergency calls or emergency services. (b) User Parity.--A person using wireless 9-1-1 service shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability under applicable law in similar circumstances of a person using 9-1-1 service that is not wireless. (c) PSAP Parity.--In matters related to wireless 9-1-1 communications, a PSAP, and its employees, vendors, agents, and authorizing government entity (if any) shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability under applicable law accorded to such PSAP, employees, vendors, agents, and authorizing government entity, respectively, in matters related to 9-1-1 communications that are not wireless. (d) Basis for Enactment.--This section is enacted as an exercise of the enforcement power of the Congress under section 5 of the Fourteenth Amendment to the Constitution and the power of the Congress to regulate commerce with foreign nations, among the several States, and with Indian tribes. SEC. 5. AUTHORITY TO PROVIDE CUSTOMER INFORMATION. Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is amended-- (1) in subsection (d)-- (A) by striking ``or'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting a semicolon and ``and''; and (C) by adding at the end the following: ``(4) to provide call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d))-- ``(A) to a public safety answering point, emergency medical service provider or emergency dispatch provider, public safety, fire service, or law enforcement official, or hospital emergency or trauma care facility, in order to respond to the user's call for emergency services; ``(B) to inform the user's legal guardian or members of the user's immediate family of the user's location in an emergency situation that involves the risk of death or serious physical harm; or ``(C) to providers of information or database management services solely for purposes of assisting in the delivery of emergency services in response to an emergency.''. (2) by redesignating subsection (f) as subsection (h) and by inserting the following after subsection (e): ``(f) Authority To Use Wireless Location Information.--For purposes of subsection (c)(1), without the express prior authorization of the customer, a customer shall not be considered to have approved the use or disclosure of or access to-- ``(1) call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d)), other than in accordance with subsection (d)(4); or ``(2) automatic crash notification information to any person other than for use in the operation of an automatic crash notification system. ``(g) Subscriber Listed and Unlisted Information for Emergency Services.--Notwithstanding subsections (b), (c), and (d), a telecommunications carrier that provides telephone exchange service shall provide information described in subsection (i)(3)(A) (including information pertaining to subscribers whose information is unlisted or unpublished) that is in its possession or control (including information pertaining to subscribers of other carriers) on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions to providers of emergency services, and providers of emergency support services, solely for purposes of delivering or assisting in the delivery of emergency services.''; (3) by inserting ``location,'' after ``destination,'' in subsection (h)(1)(A) (as redesignated by paragraph (2)); and (4) by adding at the end of subsection (h) (as redesignated), the following: ``(4) Public safety answering point.--The term `public safety answering point' means a facility that has been designated to receive emergency calls and route them to emergency service personnel. ``(5) Emergency services.--The term `emergency services' means 9-1-1 emergency services and emergency notification services. ``(6) Emergency notification services.--The term `emergency notification services' means services that notify the public of an emergency. ``(7) Emergency support services.--The term `emergency support services' means information or data base management services used in support of emergency services.''. SEC. 6. DEFINITIONS. As used in this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) State.--The term ``State'' means any of the several States, the District of Columbia, or any territory or possession of the United States. (3) Public safety answering point; psap.--The term ``public safety answering point'' or ``PSAP'' means a facility that has been designated to receive 9-1-1 calls and route them to emergency service personnel. (4) Wireless carrier.--The term ``wireless carrier'' means a provider of commercial mobile services or any other radio communications service that the Federal Communications Commission requires to provide wireless 9-1-1 service. (5) Enhanced wireless 9-1-1 service.--The term ``enhanced wireless 9-1-1 service'' means any enhanced 9-1-1 service so designated by the Federal Communications Commission in the proceeding entitled ``Revision of the Commission's Rules to Ensure Compatibility with Enhanced 9-1-1 Emergency Calling Systems'' (CC Docket No. 94-102; RM-8143), or any successor proceeding. (6) Wireless 9-1-1 service.--The term ``wireless 9-1-1 service'' means any 9-1-1 service provided by a wireless carrier, including enhanced wireless 9-1-1 service. (7) Emergency dispatch providers.--The term ``emergency dispatch providers'' shall include governmental and nongovernmental providers of emergency dispatch services. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	Wireless Communications and Public Safety Act of 1999 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) and any agency or entity to which the FCC delegates such authority to designate 911 as the universal emergency telephone number within the United States for reporting an emergency to appropriate authorities and requesting assistance. Applies such designation to both wireline and wireless telephone service. Directs the FCC to provide appropriate transition periods for areas in which 911 is not currently an emergency number. Requires the FCC to encourage and support efforts by States to deploy comprehensive end-to-end emergency communications infrastructure and programs based on coordinated statewide plans. Requires appropriate consultation with regard to such deployment. Provides immunity from liability, to the same extent as provided to local telephone exchange companies, for providers of wireless service. Provides immunity for users of wireless 911 service to the same extent as provided to users of 911 service that is not wireless. Provides immunity for public safety answering points (emergency dispatchers). Authorizes telecommunications carriers to provide call location information concerning a user of a commercial mobile service to: (1) emergency dispatchers and emergency service personnel in order to respond to the user's call; (2) the user's legal guardian or family member in an emergency situation that involves the risk of death or serious physical harm; or (3) providers of information or data base management services solely for assisting in the delivery of emergency services. Requires a customer's express prior authorization for disclosure to any other person. Requires telephone exchange service providers to provide both listed and unlisted subscriber information to providers of emergency and emergency support services.
SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia District Attorney Establishment Act of 2006''. SEC. 2. ESTABLISHMENT OF OFFICE OF THE DISTRICT ATTORNEY FOR THE DISTRICT OF COLUMBIA. (a) In General.--Part F of title IV of the District of Columbia Home Rule Act (sec. 1-204.91 et seq., D.C. Official Code) is amended by adding at the end the following new section: ``office of the district attorney for the district of columbia ``Sec. 496. (a) Establishment.--There is hereby established the Office of the District Attorney for the District of Columbia (hereafter in this section referred to as the `Office'), to be headed by the District Attorney for the District of Columbia (hereafter in this section referred to as the `District Attorney'). ``(b) General Powers and Duties.--The District Attorney shall be the chief legal officer for the District of Columbia, and in the performance of such duties shall-- ``(1) prosecute the local criminal laws of the District of Columbia, including violations committed by both adult and juvenile offenders, and perform any related functions as provided by local law in the District of Columbia; and ``(2) have the authority to perform civil enforcement and other legal functions as provided by local law in the District of Columbia. ``(c) General Qualifications.-- ``(1) In general.--No individual may serve as District Attorney unless the individual-- ``(A) is a qualified elector; ``(B) is domiciled in the District; ``(C) has resided and been domiciled in the District for at least one year immediately preceding the day on which the general or special election for such office is to be held; ``(D) holds no other public office for which he or she is compensated in an amount in excess of his or her actual expenses in connection therewith, except that nothing in this clause shall prohibit any such individual, while District Attorney, from serving as a delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or from holding an appointment in a Reserve component of an armed force of the United States, other than a person serving on active duty under a call for more than thirty days; and ``(E) is admitted to the practice of law in the District, is registered with the District of Columbia Bar as an active practitioner, and has not been and is currently not disbarred or suspended from practice in any jurisdiction.. ``(2) Restrictions on private practice.--The District Attorney shall devote full time to the duties of the office and shall not directly or indirectly engage in the private practice of law. ``(3) Forfeiture of office.--The District Attorney shall forfeit the office upon failure to maintain the qualifications required by this subsection. ``(d) Elections; Filling Vacancies; Initial Appointment.-- ``(1) Elections.--The District Attorney shall be elected on a partisan basis by the registered qualified electors of the District. The term of office of the District Attorney shall be four years, except as provided in paragraph (3), and shall begin at noon on January 2 of the year following the election. The District Attorney's term of office shall coincide with the term of the Mayor. The first election for the District Attorney shall take place in 2008. ``(2) Vacancies.--To fill a vacancy for the position of District Attorney, the Board of Elections and Ethics shall hold a special election in the District on the first Tuesday occurring more than one hundred and fourteen days after the date on which such vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be more practically filled in a special election held on the same day as the next general election to be held in the District occurring within sixty days of the date on which a special election would otherwise have been held under the provisions of this subsection. The person shall take office on the day in which the Board of Elections and Ethics certifies his or her election and shall serve as District Attorney only for the remainder of the term during which such vacancy occurred. ``(3) Initial appointment.--Not later than 30 days after the date of the enactment of the District of Columbia District Attorney Establishment Act of 2006, the Mayor, by resolution, shall appoint a District Attorney who shall serve until succeeded by an elected District Attorney. The proposed resolution shall be submitted to the Council for a 30-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the proposed resolution within the 30-day review period, the resolution shall be deemed approved.''. (b) Clerical Amendment.--The table of sections of part F of title IV of the District of Columbia Home Rule Act is amended by adding at the end the following new item: ``Sec. 496. Office of the District Attorney for the District of Columbia.''. SEC. 3. RESPONSIBILITY OF DISTRICT ATTORNEY FOR THE DISTRICT OF COLUMBIA FOR CONDUCT OF ALL PROSECUTIONS. (a) In General.--Section 23-101, D.C. Official Code, is amended by striking subsections (a) through (f) and inserting the following: ``(a) Prosecutions for violations of all police or municipal ordinances or regulations of the District of Columbia and for violations of all penal statutes of the District of Columbia in the nature of police or municipal regulations shall be conducted in the name of the District of Columbia by the District Attorney for the District of Columbia or the District Attorney's assistants, except as may otherwise be provided in any such ordinance, regulation, or statute. ``(b) An indictment or information brought in the name of the United States in the United States District Court for the District of Columbia may include charges of offenses prosecutable by the District of Columbia if the District Attorney for the District of Columbia consents to the inclusion of such charges in writing. ``(c) An indictment or information brought in the name of the District of Columbia in the Superior Court of the District of Columbia may be joined for trial in the United States District Court for the District of Columbia with an indictment or information brought in that court if the offenses charged therein could have been joined in the same indictment or information and if the District Attorney for the District of Columbia consents to such joinder. ``(d) Nothing in this section shall affect the authority of the Attorney General of the United States or the United States Attorney for the District of Columbia to exercise jurisdiction concerning violations of the laws of the United States.''. (b) Conforming Amendments.-- (1) Appeals.--Section 23-104, D.C. Official Code, is amended by striking ``Corporation Counsel'' each place it appears in subsections (a)(1), (b), and (d), and inserting ``District Attorney for the District of Columbia''. (2) Proceedings to establish previous convictions.--Section 23-111(a)(1), D.C. Official Code, is amended by striking ``Corporation Counsel'' and inserting ``District Attorney for the District of Columbia''. (3) Definition of prosecutor.--Section 23-501, D.C. Official Code, is amended by striking ``Corporation Counsel of the District of Columbia'' and inserting ``District Attorney for the District of Columbia''. (c) Effective Date.--The amendments made by this section shall apply with respect to violations of District of Columbia ordinances, regulations, and statutes which occur after the expiration of the 6- month period which begins on the date of the enactment of this Act.	District of Columbia District Attorney Establishment Act of 2006 - Amends the District of Columbia Home Rule Act to establish the Office of the District Attorney for the District of Columbia (DA). Specifies the qualifications for the DA, including residence and domicile in the District. Prohibits the DA from engaging directly or indirectly in private practice. Requires the DA to be elected to a four-year term on a partisan basis. Requires the Mayor to appoint the first DA, to serve until succeeded by an elected one. States that nothing in this Act shall affect the authority of the Attorney General or the U.S. Attorney for the District to exercise jurisdiction concerning violations of federal laws.
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Small Business Regulatory Assistance Act of 2005''. SEC. 2. PURPOSE. The purpose of this Act is to establish a program to-- (1) provide confidential assistance to small business concerns; (2) provide small business concerns with the information necessary to improve their rate of compliance with Federal and State regulations; (3) create a partnership among Federal agencies to increase outreach efforts to small business concerns with respect to regulatory compliance; (4) provide a mechanism for unbiased feedback to Federal agencies on the regulatory environment for small business concerns; and (5) utilize the service delivery network of Small Business Development Centers to improve access of small business concerns to programs to assist them with regulatory compliance. SEC. 3. DEFINITIONS. In this Act, the definitions set forth in section 37(a) of the Small Business Act (as added by section 4 of this Act) shall apply. SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM. The Small Business Act (15 U.S.C. 637 et seq.) is amended-- (1) by redesignating section 37 as section 38; and (2) by inserting after section 36 the following new section: ``SEC. 37. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Association.--The term `Association' means the association recognized by the Administrator of the Small Business Administration under section 21(a)(3)(A). ``(2) Participating small business development center.--The term `participating Small Business Development Center' means a Small Business Development Center participating in the program. ``(3) Program.--The term `program' means the regulatory assistance program established under this section. ``(4) Regulatory compliance assistance.--The term `regulatory compliance assistance' means assistance provided by a Small Business Development Center to a small business concern to enable the concern to comply with Federal regulatory requirements. ``(5) Small business development center.--The term `Small Business Development Center' means a Small Business Development Center described in section 21. ``(6) State.--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. ``(b) Authority.--In accordance with this section, the Administrator shall establish a program to provide regulatory compliance assistance to small business concerns through selected Small Business Development Centers, the Association of Small Business Development Centers, and Federal compliance partnership programs. ``(c) Small Business Development Centers.-- ``(1) In general.--In carrying out the program, the Administrator shall enter into arrangements with selected Small Business Development Centers under which such Centers shall provide-- ``(A) access to information and resources, including current Federal and State nonpunitive compliance and technical assistance programs similar to those established under section 507 of the Clean Air Act (42 U.S.C. 7661f); ``(B) training and educational activities; ``(C) confidential, free-of-charge, one-on-one, in- depth counseling to the owners and operators of small business concerns regarding compliance with Federal and State regulations, as long as such counseling is not considered to be the practice of law in a State in which a Small Business Development Center is located or in which such counseling is conducted; ``(D) technical assistance; ``(E) referrals to experts and other providers of compliance assistance who meet such standards for educational, technical, and professional competency as are established by the Administrator; and ``(F) access to the Internet and training on Internet use, including the use of the Internet website established by the Administrator under subsection (d)(1)(C). ``(2) Reports.-- ``(A) In general.--Each selected Small Business Development Center shall transmit to the Administrator a quarterly report that includes-- ``(i) a summary of the regulatory compliance assistance provided by the center under the program; and ``(ii) any data and information obtained by the center from a Federal agency regarding regulatory compliance that the agency intends to be disseminated to small business concerns. ``(B) Electronic form.--Each report required under subparagraph (A) shall be transmitted in electronic form. ``(C) Interim reports.--A participating Small Business Development Center may transmit to the Administrator such interim reports as the Center considers appropriate. ``(D) Limitation on disclosure requirements.--The Administrator shall not require a Small Business Development Center to disclose the name or address of any small business concern that received or is receiving assistance under the program, except that the Administrator shall require such a disclosure if ordered to do so by a court in any civil or criminal action. ``(d) Data Repository and Clearinghouse.-- ``(1) In general.--In carrying out the program, the Administrator shall-- ``(A) act as the repository of and clearinghouse for data and information submitted by Small Business Development Centers; ``(B) submit to the President, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives an annual report that includes-- ``(i) a description of the types of assistance provided by participating Small Business Development Centers under the program; ``(ii) data regarding the number of small business concerns that contacted participating Small Business Development Centers regarding assistance under the program; ``(iii) data regarding the number of small business concerns assisted by participating Small Business Development Centers under the program; ``(iv) data and information regarding outreach activities conducted by participating Small Business Development Centers under the program, including any activities conducted in partnership with Federal agencies; ``(v) data and information regarding each case known to the Administrator in which one or more Small Business Development Centers offered conflicting advice or information regarding compliance with a Federal or State regulation to one or more small business concerns; ``(vi) any recommendations for improvements in the regulation of small business concerns; and ``(vii) a list of regulations identified by the Administrator, after consultation with the Chief Counsel for Advocacy of the Administration, who shall review such list, and the Small Business and Agriculture Regulatory Enforcement Ombudsman, as being most burdensome to small business concerns, and recommendations to reduce or eliminate the burdens of such regulations; and ``(C) establish an Internet website that-- ``(i) provides access to Federal, State, academic, and industry association Internet websites containing industry-specific regulatory compliance information that the Administrator deems potentially useful to small businesses attempting to comply with Federal regulations; and ``(ii) arranges such Internet websites in industry-specific categories. ``(e) Review of Burdensome Regulations and Petition for Agency Review.-- ``(1) Transmission of list of regulations to chief counsel for advocacy.--The Administrator shall transmit to the Chief Counsel for Advocacy of the Administration a copy of the list of regulations submitted under subsection (d)(1)(B) as part of the annual report required by that subsection. ``(2) Review of list of regulations.--The Chief Counsel for Advocacy shall review the list of regulations transmitted under paragraph (1) and identify any regulation that-- ``(A) is eligible for review in accordance with section 610 of title 5, United States Code; ``(B) has a significant impact on a substantial number of small business concerns that is substantially different from the impact indicated in the final regulatory flexibility analysis for that regulation, as published with the final regulation in the Federal Register; or ``(C) has a significant impact on a substantial number of small business concerns and for which no final regulatory flexibility analysis was ever performed. ``(3) Notification and agency review.--With respect to any regulation identified under paragraph (2) the Chief Counsel for Advocacy shall-- ``(A) notify the appropriate Federal rulemaking agency and the Office of Information and Regulatory Affairs of the Office of Management of the identification of such rule or regulation; and ``(B) request the review of such regulation-- ``(i) in accordance with section 610 of title 5, United States Code; or ``(ii) for any impact it has on small business concerns. ``(4) Annual report.--The Chief Counsel for Advocacy shall publish an annual report containing a list of any regulation identified under paragraph (2) and the disposition by the appropriate agency. ``(f) Eligibility.-- ``(1) In general.--A Small Business Development Center shall be eligible to receive assistance under the program only if the center is certified under section 21(k)(2). ``(2) Waiver.-- With respect to a Small Business Development Center seeking assistance under the program, the administrator may waive the certification requirement set forth in paragraph (1) if the Administrator determines that the center is making a good faith effort to obtain such certification. ``(3) Effective date.--The restriction described in paragraph (1) shall not apply to any Small Business Development Center before October 1, 2005. ``(g) Selection of Participating State Programs.-- ``(1) Establishment of program.--In consultation with the Association and giving substantial weight to the Association's recommendations, the Administrator shall select the Small Business Development Center programs of 2 States from each of the following groups of States to participate in the program: ``(A) Group 1: Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. ``(B) Group 2: New York, New Jersey, Puerto Rico, and the Virgin Islands. ``(C) Group 3: Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. ``(D) Group 4: Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. ``(E) Group 5: Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. ``(F) Group 6: Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. ``(G) Group 7: Missouri, Iowa, Nebraska, and Kansas. ``(H) Group 8: Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. ``(I) Group 9: California, Guam, Hawaii, Nevada, and Arizona. ``(J) Group 10: Washington, Alaska, Idaho, and Oregon. ``(2) Deadline for initial selections.--The Administrator shall make selections under paragraph (1) not later than 60 days after promulgation of regulations under section 5 of the National Small Business Regulatory Assistance Act of 2005. ``(3) Additional selections.--Not earlier than the date 3 years after the date of the enactment of this paragraph, the Administrator may select Small Business Development Center programs of States in addition to those selected under paragraph (1). The Administrator shall consider the effect on the programs selected under paragraph (1) before selecting additional programs under this paragraph. ``(4) Coordination to avoid duplication with other programs.--In selecting programs under this subsection, the Administrator shall give a preference to Small Business Development Center programs that have a plan for consulting with Federal and State agencies to ensure that any assistance provided under this section is not duplicated by an existing Federal or State program. ``(h) Matching not Required.--Subparagraphs (A) and (B) of section 21(a)(4) shall not apply to assistance made available under the program. ``(i) Distribution of Grants.-- ``(1) In general.--Except as provided in paragraph (2), each State program selected to receive a grant under subsection (g) in a fiscal year shall be eligible to receive a grant in an amount not to exceed the product obtained by multiplying-- ``(A) the amount made available for grants under this section for the fiscal year; and ``(B) the ratio that the population of the State bears to the population of all the States with programs selected to receive grants under subsection (g) for the fiscal year. ``(2) Minimum amount.--The minimum amount that a State program selected to receive a grant under subsection (g) shall be eligible to receive under this section for any fiscal year shall be $200,000. The Administrator shall reduce the amount described in paragraph (1) as appropriate to carry out the purposes of this paragraph and subsection (j)(2). ``(j) Evaluation and Report.--Not later than 3 years after the establishment of the program, the Comptroller General of the United States shall conduct an evaluation of the program and shall transmit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report containing the results of the evaluation along with any recommendations as to whether the program, with or without modification, should be extended to include the participation of all Small Business Development Centers. ``(k) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2006 and each subsequent fiscal year. ``(2) Limitation on use of other funds.--The Administrator shall carry out the program only with amounts appropriated in advance specifically to carry out this section.''. SEC. 5. PROMULGATION OF REGULATIONS. After providing notice and an opportunity for comment and after consulting with the Association (but not later than 180 days after the date of the enactment of this Act), the Administrator shall promulgate final regulations to carry out this Act, including regulations that establish-- (1) priorities for the types of assistance to be provided under the program; (2) standards relating to educational, technical, and support services to be provided by participating Small Business Development Centers; (3) standards relating to any national service delivery and support function to be provided by the Association under the program; (4) standards relating to any work plan that the Administrator may require a participating Small Business Development Center to develop; and (5) standards relating to the educational, technical, and professional competency of any expert or other assistance provider to whom a small business concern may be referred for compliance assistance under the program.	National Small Business Regulatory Assistance Act of 2005 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish a program to provide regulatory compliance assistance to small businesses through selected Small Business Development Centers (Centers), the Association for Small Business Development Centers (Association), and Federal compliance partnership programs. Requires the Administrator to enter into arrangements with selected Centers to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with Federal and State regulations; (4) technical assistance; (5) referrals to providers of compliance assistance; and (6) access to the Internet and training on Internet use. Requires quarterly reports from each selected Center to the Administrator on assistance provided. Directs the Administrator to: (1) act as the repository of and clearinghouse for data and information submitted by Centers; (2) report annually to the President and the congressional small business committees on assistance provided; and (3) establish an Internet website that provides access to websites containing industry-specific regulatory compliance information. Directs the Chief Counsel for Advocacy of the SBA to: (1) review the Administrator's list of small business regulations; (2) identify those regulations having a significant impact on small businesses; (3) request the federal review of any such regulations; and (4) publish an annual report of such regulations and their disposition. Requires the Administrator, giving substantial weight to the Association's recommendations, to select the Centers programs of two States from each of ten groups of States for participation in the program. Authorizes the Administrator to make additional selections after three years, with a preference for programs that have a plan for consulting with Federal and State agencies to ensure that assistance provided under this Act is not duplicated by any other Federal or State program. Sets forth the formula for determining program grant amounts. Provides a minimum grant amount of $200,000. Directs the Comptroller General to evaluate the grant program and report evaluation results to the Administrator and the small business committees. Authorizes appropriations. Requires the Administrator to promulgate final regulations to carry out this Act, after providing notice and an opportunity for comment and after consulting with the Association.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Empowerment Act''. SEC. 2. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES. (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter X--Educational Empowerment Zones ``Sec. 1400E. Designation of educational empowerment zones. ``SEC. 1400E. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES. ``(a) Designation.-- ``(1) Educational empowerment zone.--For purposes of this title, the term `educational empowerment zone' means any area-- ``(A) which is nominated by one or more local governments and the State or States in which it is located for designation as an educational empowerment zone (hereinafter in this section referred to as a `nominated area'), and ``(B) which the Secretary of Health and Human Services and the Secretary of Education (hereinafter in this section referred to as the `Secretaries concerned') jointly designate as an educational empowerment zone. ``(2) Number of designations.--The Secretaries concerned may designate not more than 30 nominated areas as educational empowerment zones. ``(3) Areas designated based on degree of poverty, etc.-- Except as otherwise provided in this section, the nominated areas designated as educational empowerment zones under this subsection shall be those nominated areas with the highest average ranking with respect to the criteria described in subsection (c)(3). For purposes of the preceding sentence, an area shall be ranked within each such criterion on the basis of the amount by which the area exceeds such criterion, with the area which exceeds such criterion by the greatest amount given the highest ranking. ``(4) Limitation on designations.-- ``(A) Publication of regulations.--The Secretaries concerned shall prescribe by regulation no later than 4 months after the date of the enactment of this section-- ``(i) the procedures for nominating an area under paragraph (1)(A). ``(ii) the parameters relating to the size and population characteristics of an educational empowerment zone, and ``(iii) the manner in which nominated areas will be evaluated based on the criteria specified in subsection (c). ``(B) Time limitations.--The Secretaries concerned may designate nominated areas as educational empowerment zones only during the 24-month period beginning on the first day of the first month following the month in which the regulations described in subparagraph (A) are prescribed. ``(C) Procedural rules.--The Secretaries concerned shall not make any designation of a nominated area as an educational empowerment zone under paragraph (2) unless-- ``(i) a nomination regarding such area is submitted in such a manner and in such form, and contains such information, as the Secretaries concerned shall by regulation prescribe, and ``(ii) the Secretaries concerned determine that any information furnished is reasonably accurate. ``(5) Nomination process for indian reservations.--For purposes of this subchapter, in the case of a nominated area on an Indian reservation, the reservation governing body (as determined by the Secretary of the Interior) shall be treated as being both the State and local governments with respect to such area. ``(b) Period for Which Designation is in Effect.--Any designation of an area as an educational empowerment zone shall remain in effect during the period beginning on the date of the designation and ending on the earliest of-- ``(1) December 31, 2007, ``(2) the termination date designated by the State and local governments in their nomination, or ``(3) the date the Secretaries concerned revoke such designation. ``(c) Area and Eligibility Requirements.-- ``(1) In general.--The Secretary of Commerce may designate a nominated area as an educational empowerment zone under subsection (a) only if the area meets the requirements of paragraphs (2) and (3) of this subsection. ``(2) Area requirements.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if-- ``(A) the area is within the jurisdiction of one or more local governments, ``(B) the boundary of the area is continuous, and ``(C) the area does not include an empowerment zone (as defined in section 1393(b)) other than such a zone designated under section 1391(g). ``(3) Eligibility requirements.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if the State and the local governments in which it is located certify that the nominated area satisfies such conditions as the Secretary of Education deems appropriate. ``(4) Consideration of dropout rate, etc.--The Secretary of Education, in setting forth the conditions for eligibility pursuant to paragraph (3), shall take into account the extent to which an area has low-income families, a high dropout rate, a high rate of teen pregnancy, and large school class size. ``(d) Coordination With Treatment of Enterprise Communities.--For purposes of this title, if there are in effect with respect to the same area both-- ``(1) a designation as an educational empowerment zone, and ``(2) a designation as an enterprise community, both of such designations shall be given full effect with respect to such area. ``(e) Definitions and Special Rules.--For purposes of this subchapter, rules similar to the rules of paragraphs (2), (3), (5), and (7) of section 1393 shall apply.''. (b) Clerical Amendment.--The table of subchapters for chapter 1 is amended by adding at the end the following new item: ``Subchapter X. Educational Empowerment Zones.''. SEC. 3. CREDIT FOR DONATIONS TO SCHOOL DISTRICTS IN EDUCATIONAL EMPOWERMENT ZONES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30A the following new section ``SEC. 30B. CONTRIBUTIONS TO SCHOOL DISTRICTS IN EDUCATIONAL EMPOWERMENT ZONES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified educational empowerment zone contributions made by the taxpayer during such year. ``(b) Maximum Credit.--The amount of the credit allowed by subsection (a)-- ``(1) in the case of an individual, shall not exceed $2,000, and ``(2) in the case of any other taxpayer, shall not exceed $10,000. ``(c) Definition of Qualified Educational Empowerment Zone Contributions.--For purposes of this section, the term `qualified educational empowerment zone contributions' means cash contributions made to any school district located in an educational empowerment zone (as designated under section 1400E) if such contributions-- ``(1) but for subsection (d), would be allowable as a deduction under section 170, and ``(2) are used for any of the following purposes by the school district: ``(A) Hiring new teachers. ``(B) Increasing teacher salaries. ``(C) Training teachers. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any contribution taken into account in computing the credit under this section. ``(e) 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. ``(f) Application With Other Credits; Carryover of Excess Credit.-- The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(2) the tentative minimum tax for the taxable year. If the credit under subsection (a) exceeds the limitation of the preceding sentence, such excess shall be added to the credit allowable under subsection (a) for the succeeding taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Contributions to school districts in educational empowerment zones.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 4. TEACHER LOAN FORGIVENESS PROGRAM. Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR MATHEMATICS AND SCIENCE TEACHERS. ``(a) Purpose.--It is the purpose of this section to encourage more individuals to enter and stay in the field of teaching mathematics, science, and related fields. ``(b) Program.-- ``(1) In general.--The Secretary shall carry out a program of assuming the obligation to repay, pursuant to subsection (c), a loan made, insured, or guaranteed under this part or part D (excluding loans made under sections 428B and 428C or comparable loans made under Part D) for any new borrower after October 12, 1998, who-- ``(A) has been employed as a full-time teacher for 3 consecutive complete school years in a school that is located in an educational empowerment zone, as such term is defined in section 1400E of the Internal Revenue Code of 1986; ``(B) is a fully qualified teacher; and ``C) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Award basis; priority.-- ``(A) Award basis.--Subject to subparagraph (B), loan repayment under this section shall be on a first- come, first-served basis and subject to the availability of appropriations. ``(B) Priority.--The Secretary shall give priority in providing loan repayment under this section for a fiscal year to student borrowers who received loan repayment under this section for the preceding fiscal year. ``(3) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(c) Loan Repayment.-- ``(1) Eligible amount.--The amount the Secretary may repay on behalf of any individual under this section shall not exceed-- ``(A) 80 percent of the sum of the principal amounts outstanding of the individual's qualifying loans at the end of 3 consecutive complete school years of service described in subsection (b)(1)(A); ``(B) an additional 10 percent of such sum at the end of each of the next 2 consecutive complete school years of such service; and ``(C) a total of more than $10,000. ``(2) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part or part D. ``(3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. ``(4) Double benefits prohibited.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). No borrower may receive a reduction of loan obligations under both this section and section 428J or 460. ``(d) Repayment to Eligible Lenders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. ``(e) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing the required number of years of qualifying employment. ``(3) Fully qualified teachers.--An application for loan repayment under this section shall include such information as is necessary to demonstrate that the applicant-- ``(A) if teaching in a public elementary or secondary school (other than as a teacher in a public charter school), has obtained State certification as a teacher (including certification obtained through alternative routes to certification) or passed the State teacher licensing exam and holds a license to teach in such State; and ``(B) if teaching in-- ``(i) an elementary school, holds a bachelor's degree and demonstrates knowledge and teaching skills in reading, writing, mathematics, science, and other areas of the elementary school curriculum; or ``(ii) a middle or secondary school, holds a bachelor's degree and demonstrates a high level of competency in all subject areas in which he or she teaches through-- ``(I) a high level of performance on a rigorous State or local academic subject areas test; or ``(II) completion of an academic major in each of the subject areas in which he or she provides instruction. ``(f) Evaluation.-- ``(1) In general.--The Secretary shall conduct, by grant or contract, an independent national evaluation of the impact of the program assisted under this section. ``(2) Competitive basis.--The grant or contract described in subsection (b) shall be awarded on a competitive basis. ``(3) Contents.--The evaluation described in this subsection shall-- ``(A) determine the number of individuals who were encouraged by the program assisted under this section to pursue teaching careers; ``(B) determine the number of individuals who remain employed in teaching mathematics, science, or related fields as a result of participation in the program; ``(C) identify the barriers to the effectiveness of the program; ``(D) assess the cost-effectiveness of the program; and ``(E) identify the number of years each individual participates in the program. ``(4) Interim and final evaluation reports.--The Secretary shall prepare and submit to the President and the Congress such interim reports regarding the evaluation described in this subsection as the Secretary deems appropriate, and shall prepare and so submit a final report regarding the evaluation by January 1, 2006''.	Educational Empowerment Act - Amends the Internal Revenue Code to allow a tax credit for qualified educational empowerment zone contributions. Allows the designation of up to 30 such zones. Bases designations on the degree of poverty.Establishes a teacher loan forgiveness program for mathematics and science teachers.
SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Wyandotte Nation has a valid interest in certain lands located in the Fairfax Business District in Wyandotte County, Kansas, that are located within the Nation's reservation established pursuant to an agreement between the Wyandotte Nation and the Delaware Nation dated December 14, 1843, which agreement was ratified by the Senate on July 25, 1848. (2) The Wyandotte Nation filed a lawsuit, Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303-CM, against certain landowners within the Fairfax Business District to ascertain and adjudicate ownership of lands that were once owned and held in trust by the United States for the benefit of the Wyandotte Nation but were not conveyed to the United States by the Wyandotte Nation pursuant to the Treaty of January 31, 1855. (3) The Lawsuit also contends that certain major roads in Kansas City encroach upon a certain parcel of land, known as the Huron Cemetery, which was reserved for the Wyandotte Nation in the Treaty of January 31, 1855. (4) The pendency of this Lawsuit has resulted in severe economic hardships for the residents of the Fairfax Business District of Wyandotte County, Kansas, by clouding title to much of the land within that District. (5) Congress shares with the residents of the Fairfax Business District of Wyandotte County, Kansas, a desire to remove all clouds on title resulting from the Lawsuit without additional cost or expense to either the United States, the State of Kansas, the Unified Government of Kansas City and Wyandotte County, Kansas, and all other landowners within the Fairfax Business District of Wyandotte County, Kansas. (6) The Wyandotte Nation and the Unified Government of Kansas City and Wyandotte County have reached an agreement settling the Lawsuit which requires implementing legislation by the Congress of the United States. (b) Purposes.--The purposes of this Act are as follows: (1) To settle the Lawsuit. (2) To direct the Secretary to take into trust for the benefit of the Wyandotte Nation the Settlement Lands in settlement of the Wyandotte Nation's Lawsuit and land claims asserted therein. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Kansas lands.--The term ``Kansas Lands'' means all of the lands described and identified as Gifted Lands and Accreted Lands in the Wyandotte Nation's complaint filed in the Lawsuit, as well as those portions of Seventh Street and Minnesota Avenue located within Kansas City, Kansas, which the Wyandotte Nation claim in the Lawsuit were included within the Huron Cemetery under the Treaty of January 31, 1855. (2) Lawsuit.--The term ``Lawsuit'' means Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303-CM. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Settlement lands.--The term ``Settlement Lands'' means the following parcel of real property located in the City of Edwardsville, Wyandotte County, Kansas, which the United States shall hold in trust for the Wyandotte Nation as part of the settlement of the claims of the Wyandotte Nation to the Kansas Lands: Legal description as recited in Quit Claim Deed filed for record as Parcel I.D. 944806, book 3190 at page 198 and book 4408 at page 789 in the Wyandotte County Register of Deeds Office. (5) Unified government.--The term ``Unified Government'' means the Unified Government of Kansas City and Wyandotte County, Kansas. (6) Wyandotte nation.--The term ``Wyandotte Nation'' means the Wyandotte Nation, a federally recognized Indian tribe. SEC. 3. ACCEPTANCE OF SETTLEMENT LANDS. (a) Trust Status.--Concurrently with the relinquishment by the Wyandotte Nation of any and all claims to the Kansas Lands and dismissal with prejudice of the Lawsuit, the Secretary shall take the Settlement Lands into trust for the benefit of the Wyandotte Nation as part of the settlement of the Wyandotte Nation's land claims to the Kansas Lands asserted in the Lawsuit, if there are no adverse legal claims on the Settlement Lands, including outstanding liens, mortgages, or taxes owed. The Secretary's taking of the Settlement Lands into trust for the benefit of the Wyandotte Nation under this Act is a mandatory trust acquisition, and the terms and provisions of the Act of June 18, 1934 (popularly known as the Indian Reorganization Act; 25 U.S.C. 461 et seq.), and the regulations and standards set forth in part 151 of title 25, Code of Federal Regulations, shall not apply to the Secretary's taking of the Settlement Lands into trust for the benefit of the Wyandotte Nation under this Act. (b) Settlement of Land Claims.--The Settlement Lands are taken into trust as provided in this section as part of the settlement of the Wyandotte Nation's land claims to the Kansas Land asserted in the Lawsuit within the meaning of section 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act. (c) Status of Settlement Land.--Upon the Secretary taking the Settlement Lands into trust for the benefit of the Wyandotte Nation under this Act, the Settlement Lands shall become a reservation of the Wyandotte Nation. (d) Application of the Kansas Act.--Upon the Secretary taking the Settlement Lands into trust for the benefit of the Wyandotte Nation under this Act, the Act of June 25, 1948 (popularly known as the Kansas Act; 18 U.S.C. 3243), shall apply to the Settlement Lands. SEC. 4. EXTINGUISHMENT OF TITLE AND CLAIMS. (a) Approval and Ratification of Prior Transfers.--Any transfer, before the date of enactment of this Act, of land or natural resources located within the boundaries of the Kansas Lands from, by, or on behalf of any Indian, Indian nation, or tribe or band of Indians or any member thereof, shall be deemed to have been made in accordance with the Constitution and all laws of the United States, including, without limitation, the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4; 1 Stat. 137), and Congress hereby does approve and ratify such transfers effective as of the date of such transfers. (b) Aboriginal Title Extinguished.--Any aboriginal title held by any Indian, Indian nation, or tribe or band of Indians or any member thereof to any land or natural resources located within the boundaries of the Kansas Lands, the transfer of which was approved and ratified by subsection (a), shall be regarded as extinguished as of the date of such transfer. (c) Extinguishment of Claims.--The transfer of the Settlement Lands to the Secretary in trust for the benefit of the Wyandotte Nation as part of the settlement of the Nation's land claims asserted in the Lawsuit of the Wyandotte Nation under this Act shall be conditioned upon receipt by the Secretary of a duly enacted resolution of the elected tribal council or business committee of the Wyandotte Nation agreeing to the extinguishment of all claims (including any claims based upon aboriginal title) against the United States, the Unified Government, or any person or entity by the Wyandotte Nation in connection with the Kansas Lands (including, without limitation, claims for hunting, trapping, trespass, damages, use, or occupancy) as provided in this Act, and agreeing to the extinguishment of any claims against the United States based upon the enactment of this Act. The extinguishment of these claims is in consideration for the benefits to the Wyandotte Nation under this Act. SEC. 5. COMPACT WITH THE STATE OF KANSAS. (a) Compact Procedures.--If the State of Kansas and the Wyandotte Nation have not entered into a tribal-State compact under section 11(d) of the Indian Gaming Regulatory Act within 90 days after the date of enactment of this Act, the Secretary shall, in consultation with the Wyandotte Nation and the State of Kansas, prescribe procedures for the conduct of gaming activities on the Settlement Lands which are consistent with the provisions of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and the relevant provisions of the laws of the State of Kansas. (b) Surrender of Certain Other Rights.--The prescription of procedures under subsection (a) shall be conditioned upon the Secretary's receipt of a duly enacted resolution of the elected tribal council or business committee of the Wyandotte Nation agreeing that upon commencement of the Wyandotte Nation's operations on the Settlement Lands as contemplated under section 11(d) of the Indian Gaming Regulatory Act, the Wyandotte Nation will permanently renounce, surrender, and forgo any and all rights the Wyandotte Nation may have under the Indian Gaming Regulatory Act with respect to any Indian lands of the Wyandotte Nation, within the scope of section 4 of the Indian Gaming Regulatory Act, located within the external boundaries of Wyandotte County, Kansas, with the exception of the Settlement Lands. SEC. 6. PRACTICE AND PROCEDURE. (a) Limitation of Action.--Notwithstanding any other provision of law, any action to contest the constitutionality or validity under law of this Act shall be barred unless the action is filed on or before the date which is 180 days after the date of the enactment of this Act. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the District of Kansas. (b) Actions by the Secretary.--When administering this Act, the Secretary shall be aware and mindful of the trust responsibility of the United States to the Wyandotte Nation and shall take such actions as may be necessary or appropriate to carry out this Act. (c) Separability of Provisions.--In the event that any provision of this Act is held invalid, it is the intent of Congress that the entire Act be invalidated.	Requires the Secretary of the Interior to take specified Settlement Lands into trust for the benefit of the Wyandotte Nation as part of the settlement of claims in a certain lawsuit of the Wyandotte Nation against the United Government of Kansas City and Wyandotte County, Kansas, if there are no adverse legal claims on the Settlement Lands. Declares this action a mandatory trust acquisition.Declares transfers of land or natural resources within the Settlement Lands made before the enactment of this Act to be valid. Extinguishes any aboriginal title held by any Indian, Indian nation, or tribe or band of Indians on Settlement Lands. Conditions the transfer of the Settlement Lands to the Secretary in trust as part of this claims settlement upon the Secretary's receipt of a duly enacted resolution of the elected tribal council or business committee of the Wyandotte Nation agreeing to the extinguishment of all claims against the United States, the Unified Government, or any person or entity.Declares that if the State of Kansas and the Wyandotte Nation have not entered into a tribal-State compact under the Indian Gaming Regulatory Act within 90 days, the Secretary shall prescribe gaming procedures on the Settlement Lands.
SECTION 1. SMALL BUSINESS TAX INCENTIVES. (a) Increase in Section 179 Expensing.-- (1) Increase in dollar limitation made permanent.-- Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended by striking ``$25,000 ($100,000 in the case of taxable years beginning after 2002 and before 2008)'' and inserting ``$100,000''. (2) Increase in threshold for reduction of dollar limitation.--Paragraph (2) of section 179(b) of such Code (relating to reduction in limitation) is amended by striking ``$200,000 ($400,000 in the case of taxable years beginning after 2002 and before 2008)'' and inserting ``$500,000''. (3) Inflation adjustment.--Paragraph (5) of section 179(b) of such Code (relating to inflations adjustments) is amended to read as follows: ``(5) Inflation adjustments.-- ``(A) Dollar limitation.--In the case of any taxable year beginning in a calendar year after 2005, the $100,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Phaseout amount.--In the case of any taxable year beginning in a calendar year after 2006, the $500,000 amount in paragraph (2) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting `calendar year 2005' for `calendar year 1992' in subparagraph (B) thereof. ``(C) Rounding.-- ``(i) Dollar limitation.--If the amount in paragraph (1) as increased under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. ``(ii) Phaseout amount.--If the amount in paragraph (2) as increased under subparagraph (B) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2005. (b) Work Opportunity Credit, Welfare-to-Work Credit, and Research Credit Allowed Against Alternative Minimum Tax.-- (1) In general.--Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by striking the period at the end of clause (ii)(II) and inserting a comma and by adding at the end the following new clauses: ``(iii) the credit determined under section 51, ``(iv) the credit determined under section 51A, and ``(v) the credit determined under section 41.''. (2) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2005. SEC. 2. STANDARD HOME OFFICE DEDUCTION. (a) In General.--Subsection (c) of section 280A of the Internal Revenue Code of 1986 (relating to disallowance of certain expenses in connection with business use of home, rental of vacation homes, etc.) is amended by adding at the end the following new paragraph: ``(7) Standard home office deduction.--If the taxpayer elects (at such time and in such form and manner as the Secretary may prescribe) to have this paragraph apply for any taxable year, in the case of a use described in paragraph (1), (2), or (4), and in the case of a use described in paragraph (3) where the dwelling unit is used by the taxpayer during the taxable year as a residence-- ``(A) there shall be allowed as a deduction an amount equal to $2,500, and ``(B) no deduction otherwise allowable under this chapter shall be allowed with respect to such use.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. MINIMUM WAGE PROVISIONS. (a) Exemption for Small Employers.-- (1) In general.--Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended-- (A) in subsection (a), by inserting after ``Every employer'' the following: ``who employs ten or more employees''; and (B) in subsection (b), by inserting after ``Every employer'' the following: ``who employs ten or more employees''. (2) Effective date.--The amendments made by this subsection shall apply beginning October 1, 2006. (b) Phased Increase.--Section 6(a) of such Act (29 U.S.C. 206(a)) is amended by striking paragraph (1) and inserting the following new paragraph: ``(1) except as otherwise provided in this section, not less than $5.15 an hour through the period ending September 30, 2006, not less than $5.50 an hour during the year beginning October 1, 2006, not less than $6.00 an hour during the year beginning October 1, 2007, and not less than $6.50 an hour beginning October 1, 2008;''. SEC. 4. INCREASED EXEMPTION FOR ANNUAL GROSS VOLUME OF SALES MADE OR BUSINESS DONE BY AN ENTERPRISE. Section 3(s)(1)(A)(ii) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(s)(1)(A)(ii)) is amended to read as follows: ``(ii) is an enterprise whose gross volume of sales made or business done during the taxable year (exclusive of excise taxes at the retail level that are separately stated) is not less than $500,000 in the case of taxable years ending before October 1, 2006, not less than $650,000 in the case of taxable years ending during the year beginning October 1, 2006, not less than $800,000 in the case of taxable years ending during the year beginning October 1, 2007, and not less than $1,000,000 in the case of taxable years ending after September 30, 2008;''. SEC. 5. EARNED INCOME EXCLUSION UNDER THE SSI PROGRAM. (a) In General.--Section 1612(b) of the Social Security Act (42 U.S.C. 1382a(b)) is amended-- (1) by striking ``and'' at the end of paragraph (22); (2) by striking the period at the end of paragraph (23) and inserting ``; and''; and (3) by adding at the end the following: ``(24)(A) if such individual does not have an eligible spouse, the amount (if any) by which the minimum wage rate in effect for the month under section 6 of the Fair Labor Standards Act of 1938 multiplied by the number of hours for which such individual is gainfully employed during the month exceeds the total amount of earned income of such individual excluded by the preceding provisions of this subsection for the month; or ``(B) if such individual has an eligible spouse, the amount (if any) by which the minimum wage rate in effect for the month under section 6 of the Fair Labor Standards Act of 1938 multiplied by the total number of hours for which such individual and such spouse are gainfully employed during the month exceeds the total amount of earned income of such individual and such spouse excluded by the preceding provisions of this subsection for the month.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2006, and shall apply to benefits for months beginning on or after such date.	Amends the Internal Revenue Code to make permanent the increased expensing allowance ($100,000) for depreciable business property. Increases to $500,000 the income threshold for reducing the expensing allowance and makes such threshold amount permanent. Provides for an inflation adjustment to the allowance and the threshold. Allows a credit against alternative minimum tax liability for the work opportunity tax credit, the welfare to work tax credit, and the tax credit for increasing research activities. Provides for a minimum standard tax deduction of $2,500 for expenses for the business use of a home. Amends the Fair Labor Standards Act of 1938 to: (1) exempt from minimum wage requirements employers with less than ten employees; (2) increase the minimum wage to $5.50 beginning October 1, 2006, $6.00 beginning October 1, 2007, and $6.50 beginning October 1, 2008; and (3) phase in an increase in the gross volume of sales amount applicable to the small business exemption from minimum wage requirements. Amends title XVI (Supplemental Security Income) of the Social Security Act to exclude from income determinations under the supplemental security income programs minimum wage income that exceeds certain earned income.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Marriage and Religious Freedom Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Leading legal scholars concur that conflicts between same-sex marriage and religious liberty are real and should be legislatively addressed. (2) As the President stated in response to the decision of the United States Supreme Court on the Defense of Marriage Act in 2013, ``Americans hold a wide range of views'' on the issue of same-sex marriage, and ``maintaining our Nation's commitment to religious freedom'' is ``vital''. (3) Protecting religious freedom from Government intrusion is a Government interest of the highest order. Legislatively enacted measures advance this interest by remedying, deterring, and preventing Government interference with religious exercise in a way that complements the protections mandated by the First Amendment to the United States Constitution. (4) Laws that protect the free exercise of religious beliefs about marriage will encourage private citizens and institutions to demonstrate similar tolerance and therefore contribute to a more respectful, diverse, and peaceful society. SEC. 3. PROTECTION OF THE FREE EXERCISE OF RELIGIOUS BELIEFS. (a) In General.--The Federal Government shall not take an adverse action against a person, on the basis that such person acts in accordance with a religious belief that marriage is or should be recognized as the union of one man and one woman, or that sexual relations are properly reserved to such a marriage. (b) Adverse Action Defined.--As used in subsection (a), an adverse action means any action taken by the Federal Government-- (1) acting through the Administrator of the Internal Revenue Service, to-- (A) deny or revoke an exemption from taxation under section 501 of the Internal Revenue Code of 1986 of such person; or (B) disallow a deduction for Federal tax purposes of any charitable contribution made to or by such person; (2) to deny or exclude such person from receiving any Federal grant, contract, cooperative agreement, loan, license, certification, accreditation, employment, or other similar position or status; (3) to deny or withhold from such person any benefit under a Federal benefit program; or (4) to otherwise discriminate against such person. SEC. 4. JUDICIAL RELIEF. (a) Cause of Action.--A person may assert an actual or threatened violation of this Act as a claim or defense in a judicial proceeding and obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief against the Federal Government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. (b) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting ``Marriage and Religious Freedom Act,'' after ``the Religious Land Use and Institutionalized Persons Act of 2000,''. (c) Authority of United States To Enforce This Act.--The Attorney General of the United States may bring an action for injunctive or declaratory relief to enforce compliance with this Act. Nothing in this subsection shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the United States, or any agency, officer, or employee of the United States, acting under any law other than this subsection, to institute or intervene in any proceeding. SEC. 5. RULES OF CONSTRUCTION. (a) Broad Construction.--This Act shall be construed in favor of a broad protection of religious beliefs, to the maximum extent permitted by the terms of this Act and the Constitution. (b) No Preemption, Repeal, or Narrow Construction.--Nothing in this Act shall be construed to preempt State law, or repeal Federal law, that is equally as protective of religious beliefs as, or more protective of religious beliefs than, this Act. Nothing in this Act shall be considered to construe any State or Federal law protecting religious beliefs more narrowly than such law otherwise would be construed. (c) Severability.--If any provision of this Act or any application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. SEC. 6. DEFINITIONS. In this Act: (1) Federal benefit program.--The term ``Federal benefit program'' has the meaning given that term in section 552a of title 5, United States Code. (2) Federal government.--The term ``Federal Government'' includes a branch, department, agency, instrumentality, or official of the United States. (3) Person.--The term ``person'' has the meaning given such term in section 1 of title 1, United States Code, and includes any person regardless of religious affiliation or lack thereof, and regardless of for-profit or nonprofit status.	Marriage and Religious Freedom Act - Prohibits the federal government from taking an adverse action against a person on the basis that such person acts in accordance with a religious belief that: (1) marriage is or should be recognized as the union of one man and one woman, or (2) sexual relations are properly reserved to such a marriage. Defines "adverse action" as any federal government action to discriminate against such person, including: (1) denying or revoking certain tax exemptions or disallowing a deduction of any charitable contribution made to or by such person; (2) denying or excluding such person from receiving any federal grant, contract, cooperative agreement, loan, license, certification, accreditation, employment, or similar position or status; or (3) denying or withholding any benefit under a federal benefit program. Permits a person to assert an actual or threatened violation of this Act as a claim or defense in a judicial proceeding and to obtain compensatory damages or other appropriate relief against the federal government. Authorizes the Attorney General (DOJ) to bring actions to enforce this Act. Specifies that the term "person" includes any person regardless of religious affiliation, as well as corporations and other entities regardless of for-profit or nonprofit status.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act''. SEC. 2. AMENDMENT TO TITLE 31. (a) In General.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Continuing appropriations ``(a)(1) If any regular appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there is appropriated, out of any moneys in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of-- ``(A) the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year; ``(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year; ``(C) the rate provided in the budget submission of the President under section 1105(a) of title 31, United States Code, for the applicable fiscal year; or ``(D) the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending on the earlier of-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be; or ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such project or activity under current law. ``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such project or activity for such period becomes law. ``(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(f) In this section, the term `regular appropriation bill' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: ``(1) Agriculture, rural development, and related agencies programs. ``(2) The Departments of Commerce, Justice, and State, the judiciary, and related agencies. ``(3) The Department of Defense. ``(4) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. ``(5) The Departments of Labor, Health and Human Services, and Education, and related agencies. ``(6) The Department of Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. ``(7) Energy and water development. ``(8) Foreign assistance and related programs. ``(9) The Department of the Interior and related agencies. ``(10) Military construction. ``(11) The Department of Transportation and related agencies. ``(12) The Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. ``(13) The legislative branch.''. (b) Technical Amendment.--The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following: ``1311. Continuing appropriations.''. (c) Protection of Other Obligations.--Nothing in the amendments made by this section shall be construed to effect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, and Medicaid. SEC. 3. EFFECTIVE DATE AND SUNSET. (a) Effective Date.--The amendments made by this Act shall apply with respect to fiscal years beginning with fiscal year 2000. (b) Sunset.--The amendments made by this Act shall sunset and have no force or effect after fiscal year 2001.	Government Shutdown Prevention Act - Provides for continuing appropriations at the beginning of a fiscal year if any regular appropriations bill does not become law prior to such time.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Flow of Information Act of 2007''. SEC. 2. COMPELLED DISCLOSURE FROM COVERED PERSONS. (a) Conditions for Compelled Disclosure.--In any matter arising under Federal law, a Federal entity may not compel a covered person to provide testimony or produce any document related to information obtained or created by such covered person as part of engaging in journalism, unless a court determines by a preponderance of the evidence, after providing notice and an opportunity to be heard to such covered person-- (1) that the party seeking to compel production of such testimony or document has exhausted all reasonable alternative sources (other than the covered person) of the testimony or document; (2) that-- (A) in a criminal investigation or prosecution, based on information obtained from a person other than the covered person-- (i) there are reasonable grounds to believe that a crime has occurred; and (ii) the testimony or document sought is critical to the investigation or prosecution or to the defense against the prosecution; or (B) in a matter other than a criminal investigation or prosecution, based on information obtained from a person other than the covered person, the testimony or document sought is critical to the successful completion of the matter; (3) in the case that the testimony or document sought could reveal the identity of a source of information or include any information that could reasonably be expected to lead to the discovery of the identity of such a source, that-- (A) disclosure of the identity of such a source is necessary to prevent, or to identify any perpetrator of, an act of terrorism against the United States or its allies or other significant and specified harm to national security with the objective to prevent such harm; (B) disclosure of the identity of such a source is necessary to prevent imminent death or significant bodily harm with the objective to prevent such death or harm, respectively; (C) disclosure of the identity of such a source is necessary to identify a person who has disclosed-- (i) a trade secret, actionable under section 1831 or 1832 of title 18, United States Code; (ii) individually identifiable health information, as such term is defined in section 1171(6) of the Social Security Act (42 U.S.C. 1320d(6)), actionable under Federal law; or (iii) nonpublic personal information, as such term is defined in section 509(4) of the Gramm-Leach-Biley Act (15 U.S.C. 6809(4)), of any consumer actionable under Federal law; or (D)(i) disclosure of the identity of such a source is essential to identify in a criminal investigation or prosecution a person who without authorization disclosed properly classified information and who at the time of such disclosure had authorized access to such information; and (ii) such unauthorized disclosure has caused or will cause significant and articulable harm to the national security; and (4) that the public interest in compelling disclosure of the information or document involved outweighs the public interest in gathering or disseminating news or information. (b) Authority to Consider National Security Interest.--For purposes of making a determination under subsection (a)(4), a court may consider the extent of any harm to national security. (c) Limitations on Content of Information.--The content of any testimony or document that is compelled under subsection (a) shall-- (1) not be overbroad, unreasonable, or oppressive and, as appropriate, be limited to the purpose of verifying published information or describing any surrounding circumstances relevant to the accuracy of such published information; and (2) be narrowly tailored in subject matter and period of time covered so as to avoid compelling production of peripheral, nonessential, or speculative information. (d) Rule of Construction.--Nothing in this Act shall be construed as applying to civil defamation, slander, or libel claims or defenses under State law, regardless of whether or not such claims or defenses, respectively, are raised in a State or Federal court. (e) Exception Relating to Criminal or Tortious Conduct.--The provisions of this section shall not prohibit or otherwise limit a Federal entity in any matter arising under Federal law from compelling a covered person to disclose any information, record, document, or item obtained as the result of the eyewitness observation by the covered person of alleged criminal conduct or as the result of the commission of alleged criminal or tortious conduct by the covered person, including any physical evidence or visual or audio recording of the conduct, if a Federal court determines that the party seeking to compel such disclosure has exhausted all other reasonable efforts to obtain the information, record, document, or item, respectively, from alternative sources. The previous sentence shall not apply, and subsections (a) and (b) shall apply, in the case that the alleged criminal conduct observed by the covered person or the alleged criminal or tortious conduct committed by the covered person is the act of transmitting or communicating the information, record, document, or item sought for disclosure. SEC. 3. COMPELLED DISCLOSURE FROM COMMUNICATIONS SERVICE PROVIDERS. (a) Conditions for Compelled Disclosure.--With respect to testimony or any document consisting of any record, information, or other communication that relates to a business transaction between a communications service provider and a covered person, section 2 shall apply to such testimony or document if sought from the communications service provider in the same manner that such section applies to any testimony or document sought from a covered person. (b) Notice and Opportunity Provided to Covered Persons.--A court may compel the testimony or disclosure of a document under this section only after the party seeking such a document provides the covered person who is a party to the business transaction described in subsection (a)-- (1) notice of the subpoena or other compulsory request for such testimony or disclosure from the communications service provider not later than the time at which such subpoena or request is issued to the communications service provider; and (2) an opportunity to be heard before the court before the time at which the testimony or disclosure is compelled. (c) Exception to Notice Requirement.--Notice under subsection (b)(1) may be delayed only if the court involved determines by clear and convincing evidence that such notice would pose a substantial threat to the integrity of a criminal investigation. SEC. 4. DEFINITIONS. In this Act: (1) Communications service provider.--The term ``communications service provider''-- (A) means any person that transmits information of the customer's choosing by electronic means; and (B) includes a telecommunications carrier, an information service provider, an interactive computer service provider, and an information content provider (as such terms are defined in sections 3 and 230 of the Communications Act of 1934 (47 U.S.C. 153, 230)). (2) Covered person.--The term ``covered person'' means a person who regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public for a substantial portion of the person's livelihood or for substantial financial gain and includes a supervisor, employer, parent, subsidiary, or affiliate of such covered person. Such term shall not include-- (A) any person who is a foreign power or an agent of a foreign power, as such terms are defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); (B) any organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); (C) any person included on the Annex to Executive Order No. 13224, of September 23, 2001, and any other person identified under section 1 of that Executive order whose property and interests in property are blocked by that section; (D) any person who is a specially designated terrorist, as that term is defined in section 595.311 of title 31, Code of Federal Regulations (or any successor thereto); or (E) any terrorist organization, as that term is defined in section 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(II)). (3) Document.--The term ``document'' means writings, recordings, and photographs, as those terms are defined by Federal Rule of Evidence 1001 (28 U.S.C. App.). (4) Federal entity.--The term ``Federal entity'' means an entity or employee of the judicial or executive branch or an administrative agency of the Federal Government with the power to issue a subpoena or issue other compulsory process. (5) Journalism.--The term ``journalism'' means the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public. Passed the House of Representatives October 16, 2007. Attest: LORRAINE C. MILLER, Clerk.	Free Flow of Information Act of 2007 - (Sec. 2) Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency of the federal government), in any matter arising under federal law, from compelling a covered person to testify or produce any document unless a court makes specified determinations by a preponderance of the evidence, including determinations: (1) relating to exhaustion of alternative sources, (2) that the testimony or document sought is critical; (3) that disclosure of the information source's identity is necessary; and (4) that the public interest in compelling disclosure of the information or document involved outweighs the public interest in gathering or disseminating news or information. Allows a court, in making the last of those determinations, to consider the extent of any harm to national security. Defines "covered person" as a person who regularly gathers, photographs, records, writes, edits, reports, or publishes information concerning matters of public interest for dissemination to the public for a substantial portion of the person's livelihood or substantial financial gain, including a supervisor, employer, parent, subsidiary, or affiliate of such a person. Excludes from that definition foreign powers and their agents and certain terrorist organizations and individuals. Requires the content of compelled testimony or documents to be limited and narrowly tailored. Prohibits construing this Act as applying to civil defamation, slander, or libel claims or defenses under state law. Exempts certain criminal or tortious conduct. (Sec. 3) Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Girls' Access to Education in Vulnerable Settings Act'' or the ``Protecting Girls' Access to Education Act''. SEC. 2. FINDINGS. Congress finds the following: (1) At the start of 2017, more than 65 million people have been displaced by disasters and conflicts around the world, the highest number recorded since the end of World War II, of which more than 21 million people are refugees. (2) More than half of the population of displaced people are children and, according to the United Nations High Commissioner for Refugees, nearly 4 million school-aged displaced children lack access to primary education. (3) Education offers socioeconomic opportunities, psychological stability, and physical protection for displaced people, particularly for women and girls, who might otherwise be vulnerable to severe forms of trafficking in persons (as such term is defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(9))), child marriage, sexual exploitation, or economic disenfranchisement, and contributes to long-term recovery and economic opportunities for displaced people and for the communities hosting them. (4) Displaced children face considerable barriers to accessing educational services and, because the duration of such displacement is, on average, 20 years, such children may spend the entirety of their childhood without access to such services. (5) Despite the rising need for such services, less than 2 percent of global emergency aid was directed toward educational services in 2016. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is critical to ensure that children, particularly girls, displaced by conflicts overseas are able to access educational services because such access can combat extremism and reduce exploitation and poverty; and (2) the educational needs of vulnerable women and girls should be considered in the design, implementation, and evaluation of related United States foreign assistance policies and programs. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States to-- (1) partner with and encourage other countries, public and private multilateral institutions, and nongovernmental and civil society organizations, including faith-based organizations and organizations representing parents and children, to support efforts to ensure that displaced children have access to safe primary and secondary education; (2) work with donors to enhance training and capacity- building for the governments of countries hosting significant numbers of displaced people to design, implement, and monitor programs to effectively address barriers to such education; (3) incorporate into the design and implementation of such programs measures to evaluate the impact of the programs on girls, with respect to the reduction of child marriage, gender- based violence, and severe forms of trafficking in persons (as such term is defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(9))); and (4) coordinate with the governments of countries hosting significant numbers of displaced people to-- (A) promote the inclusion of displaced children into the educational systems of such countries; and (B) develop innovative approaches to providing safe primary and secondary educational opportunities in circumstances in which such inclusion is not possible or appropriate, such as schools that permit more children to be educated by extending the hours of schooling and expanding the number of teachers. SEC. 5. UNITED STATES ASSISTANCE TO SUPPORT EDUCATIONAL SERVICES FOR DISPLACED CHILDREN. (a) In General.--The Secretary of State and the Administrator of the United States Agency for International Development are authorized to prioritize and advance ongoing efforts to support programs that-- (1) provide safe primary and secondary education for displaced children; (2) build the capacity of institutions in countries hosting displaced people to prevent discrimination against displaced children, especially displaced girls, who seek access to such education; and (3) help increase the access of displaced children, especially displaced girls, to educational, economic, and entrepreneurial opportunities, including through the governmental authorities responsible for educational or youth services in such host countries. (b) Coordination With Multilateral Organizations.--The Secretary and the Administrator are authorized to coordinate with the World Bank, appropriate agencies of the United Nations, and other relevant multilateral organizations to work with governments in other countries to collect relevant data, disaggregated by age and gender, on the ability of displaced people to access education and participate in economic activity, in order to improve the targeting, monitoring, and evaluation of related assistance efforts. (c) Coordination With Private Sector and Civil Society Organizations.--The Secretary and the Administrator are authorized to work with private sector and civil society organizations to promote safe primary and secondary education for displaced children. SEC. 6. REPORT. During the 5-year period beginning on the date of the enactment of this Act, the Secretary and the Administrator shall include in any report or evaluation submitted to Congress relating to a foreign assistance program for natural or manmade disaster relief or response the following information (to the extent practicable and appropriate): (1) A breakdown of the beneficiaries of such program by location, age, gender, marital status, and school enrollment status. (2) A description of how such program benefits displaced people. (3) A description of any primary or secondary educational services supported by such program that specifically address the needs of displaced girls. Passed the House of Representatives October 3, 2017. Attest: KAREN L. HAAS, Clerk.	. Protecting Girls' Access to Education in Vulnerable Settings Act or the Protecting Girls' Access to Education Act (Sec. 3) This bill expresses the sense of Congress that: (1) it is critical to ensure that children, particularly girls, displaced by conflicts overseas are able to access educational services because such access can combat extremism and reduce exploitation and poverty; and (2) the educational needs of vulnerable women and girls should be considered in U.S. foreign assistance policies and programs. (Sec. 5) The Department of State and the U.S. Agency for International Development (USAID) may advance programs that: provide safe, primary and secondary education for displaced children; build the capacity of institutions in countries hosting displaced people to prevent displaced children from facing educational discrimination; and help increase the access of displaced children, especially girls, to educational, economic, and entrepreneurial opportunities. The State Department and USAID may: coordinate with multilateral organizations to work with foreign governments to collect relevant data, disaggregated by age and gender, on the ability of displaced people to access education and participate in economic activity; and work with domestic and foreign private sector and civil society organizations to promote safe, primary and secondary education for displaced children. (Sec. 6) The State Department and USAID shall include in any congressional report relating to a foreign assistance program for natural or man-made disaster relief: (1) a breakdown of program beneficiaries by location, age, gender, marital status, and school enrollment status; (2) a description of how such program benefits displaced people; and (3) a description of any primary or secondary educational services supported by such program that specifically address the needs of displaced girls.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Tribunal Authorization Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The al Qaeda terrorist organization and its leaders have committed unlawful attacks against the United States, including the August 7, 1998 bombings of the United States embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, the October 12, 2000 attack on the USS Cole and the September 11, 2001 attacks on the United States. (2) The al Qaeda terrorist organization and its leaders have threatened renewed attacks on the United States and have threatened the use of weapons of mass destruction. (3) In violation of the resolutions of the United Nations, the Taliban of Afghanistan provided a safe haven to the al Quaeda terrorist organization and its leaders and allowed the territory of that country to be used as a base from which to sponsor international terrorist operations. (4) The United Nations Security Council, in Resolution 1267, declared in 1999 that the actions of the Taliban constitute a threat to international peace and security. (5) The United Nations Security Council, in Resolutions 1368 and 1373, declared in September 2001 that the September 11 attacks against the United States constitute a threat to international peace and security. (6) The United States is justified in exercising its right of self-defense pursuant to international law and the United Nations Charter. (7) Congress authorized the President on September 18, 2001, to use all necessary and appropriate force against those nations, organizations, or persons that he determines to have planned, authorized, committed, or aided the September 11 terrorist attacks or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States, within the meaning of section 5(b) of the War Powers Resolution. (8) The United States and its allies are engaged in armed conflict with al Qaeda and the Taliban. (9) Military trials of the terrorists may be appropriate to protect the safety of the public and those involved in the investigation and prosecution, to facilitate the use of classified information as evidence without compromising intelligence or military efforts, and otherwise to protect national security interests. (10) Military trials that provide basic procedural guarantees of fairness, consistent with the international law of armed conflict and the International Covenant on Civil and Political Rights (opened for signature December 16, 1966), would garner the support of the community of nations. (11) Article I, section 8, of the Constitution provides that the Congress, not the President, has the power to ``constitute Tribunals inferior to the Supreme Court; ... define and punish ... Offenses against the Law of Nations; ... make Rules concerning Captures on Land and Water; ... make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.''. (12) Congressional authorization is necessary for the establishment of extraordinary tribunals to adjudicate and punish offenses arising from the September 11, 2001 attacks against the United States and to provide a clear and unambiguous legal foundation for such trials. SEC. 3. ESTABLISHMENT OF EXTRAORDINARY TRIBUNALS. (a) Authority.--The President is hereby authorized to establish tribunals for the trial of individuals who-- (1) are not United States persons; (2) are members of al Qaeda or members of other terrorist organizations knowingly cooperating with members of al Qaeda in planning, authorizing, committing, or aiding in the September 11, 2001 attacks against the United States, or, although not members of any such organization, knowingly aided and abetted members of al Qaeda in such terrorist activities against the United States; (3) are apprehended in Afghanistan, fleeing from Afghanistan, or in or fleeing from any other place outside the United States where there is armed conflict involving the Armed Forces of the United States; and (4) are not prisoners of war within the meaning of the Geneva Convention Relative to the Treatment of Prisoners of War, done on August 12, 1949, or any protocol relating thereto. (b) Jurisdiction.--Tribunals established under subsection (a) may adjudicate violations of the law of war, international laws of armed conflict, and crimes against humanity targeted against United States persons. (c) Authority To Establish Procedural Rules.--The Secretary of Defense, in consultation with the Secretary of State and the Attorney General, shall prescribe and publish in the Federal Register, and report to the Committees on the Judiciary of the Senate and the House of Representatives, the rules of evidence and procedure that are to apply to tribunals established under subsection (a). SEC. 4. PROCEDURAL REQUIREMENTS. (a) In General.--The rules prescribed for a tribunal under section 3(c) shall be designed to ensure a full and fair hearing of the charges against the accused. The rules shall require the following: (1) That the tribunal be independent and impartial. (2) That the accused be notified of the particulars of the offense charged or alleged without delay. (3) That the proceedings be made simultaneously intelligible for participants not conversant in the English language by including translation or interpretation. (4) That the evidence supporting each alleged offense be given to the accused. (5) That the accused have the opportunity to be present at trial. (6) That the accused have a right to be represented by counsel. (7) That the accused have the opportunity-- (A) to respond to the evidence supporting each alleged offense; (B) to obtain exculpatory evidence from the prosecution; and (C) to present exculpatory evidence. (8) That the accused have the opportunity to confront and cross-examine adverse witnesses and to offer witnesses. (9) That the proceeding and disposition be expeditious. (10) That the tribunal apply reasonable rules of evidence designed to ensure admission only of reliable information or material with probative value. (11) That the accused be afforded all necessary means of defense before and after the trial. (12) That conviction of an alleged offense be based only upon proof of individual responsibility for the offense. (13) That conviction of an alleged offense not be based upon an act, offense, or omission that was not an offense under law when it was committed. (14) That the penalty for an offense not be greater than it was when the offense was committed. (15) That the accused-- (A) be presumed innocent until proven guilty, and (B) not be found guilty except upon proof beyond a reasonable doubt. (16) That the accused not be compelled to confess guilt or testify against himself. (17) That, subject to subsections (c) and (d), the trial be open and public and include public availability of the transcripts of the trial and the pronouncement of judgment. (18) That a convicted person be informed of remedies and appeals and the time limits for the exercise of the person's rights to the remedies and appeals under the rules. (b) Imposition of the Death Penalty.--The requirements of the Uniform Code of Military Justice for the imposition of the death penalty shall apply in any case in which a tribunal established under section 3 is requested to adjudge the death penalty. (c) Public Proceedings.--Any proceedings conducted by a tribunal established under section 3, and the proceedings on any appeal of an action of the tribunal, shall be accessible to the public consistent with any demonstrable necessity to secure the safety of observers, witnesses, tribunal judges, counsel, or other persons. (d) Confidentiality of Evidence.--Evidence available from an agency of the Federal Government that is offered in a trial by a tribunal established under section 3 may be kept secret from the public only when the head of the agency personally certifies in writing that disclosure will cause-- (1) identifiable harm to the prosecution of military objectives or interfere with the capture of members of al Qaeda anywhere; (2) significant, identifiable harm to intelligence sources or methods; or (3) substantial risk that such evidence could be used for planning future terrorist attacks. (e) Review.-- (1) Procedures required.--The Secretary of Defense shall provide for prompt review of convictions by tribunals established under section 3 to ensure that the procedural requirements of a full and fair hearing have been met and that the evidence reasonably supports the convictions. (2) United states court of appeals for the armed forces.-- The procedures established under paragraph (1) shall, at a minimum, allow for review of the proceedings of the tribunals by the United States Court of Appeals for the Armed Forces established under the Uniform Code of Military Justice. (3) Supreme court.--The decisions of the United States Court of Appeals for the Armed Forces regarding proceedings of tribunals established under section 3 shall be subject to review by the Supreme Court by writ of certiorari. SEC. 5. DETENTION. (a) In General.--The President may direct the Secretary of Defense to detain any person who is subject to a tribunal established under section 3 pursuant to rules and regulations that are promulgated by the Secretary and are consistent with the rules of international law. (b) Duration of Detention.-- (1) Limitation.--A person may be detained under subsection (a) only while-- (A) there is in effect for the purposes of this section a certification by the President that the United States Armed Forces are engaged in a state of armed conflict with al Qaeda or Taliban forces in the region of Afghanistan or with al Qaeda forces elsewhere; or (B) an investigation with a view toward prosecution, a prosecution, or a post-trial proceeding in the case of such person, pursuant to the provisions of this Act, is ongoing. (2) Certification and recertification.--A certification of circumstances made under paragraph (1) shall be effective for 180 days. The President may make successive certifications of the circumstances. (c) Disclosure of Evidence.--Evidence that may establish that an accused is not a person described in subsection (a) shall be disclosed to the accused and his counsel, except that a summary of such evidence shall be provided to the accused and his counsel when the Attorney General personally certifies that disclosure of the evidence would cause identifiable harm to the prosecution of military objectives in Afghanistan, to the capture of other persons who are subject to this Act or reside outside the United States, or to the prevention of future terrorist acts directed against Americans. A summary of evidence shall be as complete as is possible in order to provide the accused with an evidentiary basis to seek release from detention. (d) Detention Review.--The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to review any determination under this section that the requirements of this section for detaining an accused are satisfied. (e) Conditions of Detention.--A person detained under this section shall be-- (1) detained at an appropriate location designated by the Secretary of Defense; (2) treated humanely, without any adverse distinction based on race, color, religion, gender, birth, wealth, or any similar criteria; (3) afforded adequate food, drinking water, shelter, clothing, and medical treatment; (4) sheltered under hygienic conditions and provided necessary means of personal hygiene; and (5) allowed the free exercise of religion consistent with the requirements of such detention. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that the President should seek the cooperation of United States allies and other nations in conducting the investigations and prosecutions, including extraditions, of the persons who are responsible for the September 11, 2001 attacks on the United States, and use to the fullest extent possible multilateral institutions and mechanisms for carrying out such investigations and prosecutions. SEC. 7. DEFINITIONS. In this Act: (1) September 11, 2001 attacks on the united states.--The term ``September 11, 2001 attacks on the United States'' means the attacks on the Pentagon in the metropolitan area of Washington, District of Columbia, and the World Trade Center, New York, New York, on September 11, 2001, and includes the hijackings of American Airlines flights 77 and 11 and United Airlines flights 175 and 93 on that date. (2) United states person.--The term ``United States person'' has the meaning given that term in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)). SEC. 8. TERMINATION OF AUTHORITY. The authority under this Act shall terminate at the end of December 31, 2005.	Military Tribunal Authorization Act of 2002 - Authorizes the President to establish tribunals for the trial of individuals who: (1) are not U.S. persons; (2) are members of the al Qaeda organization or other terrorist organizations who cooperated with the al Qaeda in planning, authorizing, committing, or aiding in the September 11, 2001, attacks against the United States or who aided or abetted such members in such activities; (3) are apprehended in or fleeing from Afghanistan or any other place outside the United States where U.S. armed forces are involved; and (4) are not prisoners of war.Authorizes the President to direct the Secretary of Defense to detain individuals subject to such tribunals.Expresses the sense of Congress that the President should seek the cooperation of U.S. allies and other nations in conducting investigations and prosecutions of such individuals.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Designer Anabolic Steroid Control Act of 2012''. SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT. (a) Definitions.--Section 102(41) of the Controlled Substances Act (21 U.S.C. 802(41)) is amended-- (1) in subparagraph (A)-- (A) in clause (xlix), by striking ``and'' at the end; (B) by redesignating clause (xlx) as clause (lxxvii); and (C) by inserting after clause (xlix) the following: ``(l) 5a-Androstan-3,6,17-trione; ``(li) Androst-4-ene-3,6,17-trione; ``(lii) Androsta-1,4,6-triene-3,17-dione; ``(liii) 6-bromo-androstan-3,17-dione; ``(liv) 6-bromo-androsta-1,4-diene-3,17- dione; ``(lv) 4-chloro-17a-methyl-androsta-1,4- diene-3,17b-diol; ``(lvi) 4-chloro-17a-methyl-androst-4-ene- 3b,17b-diol; ``(lvii) 4-chloro-17a-methyl-17b-hydroxy- androst-4-en-3-one; ``(lviii) 4-chloro-17a-methyl-17b-hydroxy- androst-4-ene-3,11-dione; ``(lix) 4-chloro-17a-methyl-androsta-1,4- diene-3,17b-diol; ``(lx) 2a,17a-dimethyl-17b-hydroxy-5a- androstan-3-one; ``(lxi) 2a,17a-dimethyl-17b-hydroxy-5b- androstan-3-one; ``(lxii) 2a,3a-epithio-17a-methyl-5a- androstan-17b-ol; ``(lxiii) [3,2-c]-furazan-5a-androstan-17b- ol; ``(lxiv) 3b-hydroxy-estra-4,9,11-trien-17- one; ``(lxv) 17a-methyl-androst-2-ene-3,17b- diol; ``(lxvi) 17a-methyl-androsta-1,4-diene- 3,17b-diol; ``(lxvii) Estra-4,9,11-triene-3,17-dione; ``(lxviii) 18a-Homo-3-hydroxy-estra- 2,5(10)-dien-17-one; ``(lxix) 6a-Methyl-androst-4-ene-3,17- dione; ``(lxx) 17a-Methyl-androstan-3- hydroxyimine-17b-ol; ``(lxxi) 17a-Methyl-5a-androstan-17b-ol; ``(lxxii) 17b-Hydroxy-androstano[2,3- d]isoxazole; ``(lxxiii) 17b-Hydroxy-androstano[3,2- c]isoxazole; ``(lxxiv) 4-Hydroxy-androst-4-ene-3,17- dione[3,2-c]pyrazole-5a-androstan-17b-ol; ``(lxxv) [3,2-c]pyrazole-androst-4-en-17b- ol; ``(lxxvi) [3,2-c]pyrazole-5a-androstan-17b- ol; and''; and (2) by adding at the end the following: ``(C)(i) Subject to clause (ii) and the limitations under section 201(i)(6), a drug or hormonal substance (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone) that is not listed in subparagraph (A) and is derived from, or has a chemical structure substantially similar to, 1 or more anabolic steroids listed in subparagraph (A) shall be considered to be an anabolic steroid for purposes of this Act if-- ``(I) the drug or substance has been created or manufactured with the intent of producing a drug or other substance that either-- ``(aa) promotes muscle growth; or ``(bb) otherwise causes a pharmacological effect similar to that of testosterone; or ``(II) the drug or substance has been, or is intended to be, marketed or otherwise promoted in any manner suggesting that consuming it will promote muscle growth or any other pharmacological effect similar to that of testosterone. ``(ii) A substance shall not be considered to be a drug or hormonal substance for purposes of this subparagraph if it-- ``(I) is-- ``(aa) an herb or other botanical; ``(bb) a concentrate, metabolite, or extract of, or a constituent isolated directly from, an herb or other botanical; or ``(cc) a combination of 2 or more substances described in item (aa) or (bb); and ``(II) is a dietary ingredient for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). ``(iii) In accordance with section 515(a), any person claiming the benefit of an exemption or exception under clause (ii) shall bear the burden of going forward with the evidence with respect to such exemption or exception.''. (b) Classification Authority.--Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following: ``(i) Temporary and Permanent Scheduling of Recently Emerged Anabolic Steroids.-- ``(1) The Attorney General may issue a temporary order adding a drug or other substance to the list of anabolic steroids if the Attorney General finds that-- ``(A) the drug or other substance satisfies the criteria for being considered an anabolic steroid under section 102(41) but is not listed in that section or by regulation of the Attorney General as being an anabolic steroid; and ``(B) adding such drug or other substance to the list of anabolic steroids will assist in preventing the unlawful importation, manufacture, distribution, or dispensing of such drug or other substance. ``(2) An order issued under paragraph (1) shall not take effect until 30 days after the date of the publication by the Attorney General of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued. The order shall expire not later than 24 months after the date it becomes effective, except that the Attorney General may, during the pendency of proceedings under paragraph (5), extend the temporary scheduling order for up to 6 months. ``(3) A temporary scheduling order issued under paragraph (1) shall be vacated upon the issuance of a permanent scheduling order under paragraph (5). ``(4) An order issued under paragraph (1) is not subject to judicial review. ``(5) The Attorney General may, by rule, issue a permanent order adding a drug or other substance to the list of anabolic steroids if such drug or other substance satisfies the criteria for being considered an anabolic steroid under section 102(41). Such rulemaking may be commenced simultaneously with the issuance of the temporary order issued under paragraph (1). ``(6) If a drug or other substance has not been temporarily or permanently added to the list of anabolic steroids pursuant to this subsection, the drug or other substance shall be considered an anabolic steroid if in any criminal, civil, or administrative proceeding arising under this Act it has been determined in such proceeding, based on evidence presented in the proceeding, that the substance satisfies the criteria for being considered an anabolic steroid under paragraph (41)(A), (41)(C)(i), or (41)(C)(ii) of section 102.''. (c) Labeling Requirements.--The Controlled Substances Act is amended by inserting after section 305 (21 U.S.C. 825) the following: ``Sec. 305A. Offenses involving false labeling of anabolic steroids ``(a) Unlawful Acts.-- ``(1) It shall be unlawful-- ``(A) to import into the United States or to export from the United States; ``(B) to manufacture, distribute, dispense, sell, or offer to sell; or ``(C) to possess with intent to manufacture, distribute, dispense, sell, or offer to sell; any anabolic steroid, or any product containing an anabolic steroid, unless it bears a label clearly identifying any anabolic steroid contained in such steroid or product by the nomenclature used by the International Union of Pure and Applied Chemistry (IUPAC). ``(2) A product that is the subject of an approved application as described in section 505(b), (i) or (j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b), (i), or (j)) is exempt from the International Union of Pure and Applied Chemistry nomenclature requirement of this subsection if such product is labeled in the manner required by the Federal Food, Drug, and Cosmetic Act. ``(b) Criminal Penalties.--Any person who violates subsection (a) knowing, intending, or having reasonable cause to believe, that the substance or product is an anabolic steroid, or contains an anabolic steroid, shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,500,000 if the defendant is other than an individual, or both. ``(c) Civil Penalties.-- ``(1) Any person who violates subsection (a) shall be subject to a civil penalty as follows: ``(A) In the case of an importer, exporter, manufacturer, or distributor (other than as provided in subparagraph (B)), up to $500,000 per violation. For purposes of this subparagraph, a violation is defined as each instance of importation, exportation, manufacturing, or distribution, and each anabolic steroid or product imported, exported, manufactured, or distributed. ``(B) In the case of a sale or offer to sell at retail, up to $25,000 per violation. For purposes of this subparagraph, each sale and each product offered for sale shall be considered a separate violation. Continued offers to sell by a person 10 or more days after written notice (including through electronic message) to the person by the Attorney General or the Secretary shall be considered additional violations. ``(2) In this subsection, the term `product' means a discrete article, either in bulk or in finished form prepared for sale. A number of articles, if similarly packaged and bearing identical labels, shall be considered as one product, but each package size, form, or differently labeled article shall be considered a separate product. ``(d) Identification and Publication of List of Products Containing Anabolic Steroids.-- ``(1) The Attorney General may, in his discretion, collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled in accordance with this section. The Attorney General may publish in the Federal Register or on the website of the Drug Enforcement Administration a list of products that he has determined, based on substantial evidence, contain an anabolic steroid and are not labeled in accordance with this section. ``(2) The absence of a product from the list referred to in paragraph (1) shall not constitute evidence that the product does not contain an anabolic steroid.''. SEC. 3. SENTENCING COMMISSION GUIDELINES. The United States Sentencing Commission shall-- (1) review and amend the Federal sentencing guidelines with respect to offenses involving anabolic steroids, including the offenses established in section 2 (section 305A of the Controlled Substance Act); (2) amend the Federal sentencing guidelines, including notes to the drug quantity tables, to provide clearly that in a case involving an anabolic steroid not in a tablet, capsule, liquid, or other form where dosage can be readily ascertained (such as a powder, topical cream, gel, or aerosol), the sentence shall be determined based on the entire weight of the mixture or substance; (3) amend the applicable guidelines by designating quantities of mixture or substance that correspond to a unit so that offenses involving such forms of anabolic steroids are penalized at least as severely as offenses involving forms whose dosage can be readily ascertained; and (4) take such other action as the Commission considers necessary to carry out this Act and this section. SEC. 4. CONGRESSIONAL OVERSIGHT. The Administrator of the Drug Enforcement Administration shall report to Congress every 2 years-- (1) what anabolic steroids have been scheduled on a temporary basis under the provisions of this Act; and (2) the findings and conclusions that led to such scheduling.	Designer Anabolic Steroid Control Act of 2012 - Amends the Controlled Substances Act to: (1) expand the list of substances defined as "anabolic steroids"; (2) authorize the Attorney General to issue a temporary order adding a drug or other substance to the list of anabolic steroids; (3) impose enhanced criminal and civil penalties for possessing or trafficking in any anabolic steroid, or product containing an anabolic steroid, unless it bears a label clearly identifying the anabolic steroid by the nomenclature used by the International Union of Pure and Applied Chemistry; and (4) authorize the Attorney General to collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled. Specifies that a substance shall not be considered to be a drug or hormonal substance that is considered to be an anaboloic steroid if it is: (1) an herb or other botanical; (2) a concentrate, metabolite, or extract of, or a constituent isolated directly from, an herb or other botanical; (3) a combination of two or more such substances (i.e., botanical or concentrate, metabolite, or extract); or (4) a dietary ingredient for purposes of the Federal Food, Drug, and Cosmetic Act. Provides that any person claiming the benefit of an exemption or exception from being considered a drug or hormonal substance shall bear the burden of providing the appropriate evidence. Directs: (1) the United States Sentencing Commission to review and amend federal sentencing guidelines with respect to offenses involving anabolic steroids, and (2) the Administrator of the Drug Enforcement Administration (DEA) to report every two years on what anabolic steroids have been scheduled on a temporary basis under this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Families Together Act''. SEC. 2. LIMITATION ON THE SEPARATION OF FAMILIES. (a) In General.--An agent or officer of a designated agency shall be prohibited from removing a child from his or her parent or legal guardian, at or near the port of entry or within 100 miles of the border of the United States, unless one of the following has occurred: (1) A State court, authorized under State law, terminates the rights of a parent or legal guardian, determines that it is in the best interests of the child to be removed from his or her parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 (Public Law 105-89), or makes any similar determination that is legally authorized under State law. (2) An official from the State or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from his or her parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to herself or others. (3) The Chief Patrol Agent or the Area Port Director in their official and undelegated capacity, authorizes separation upon the recommendation by an agent or officer, based on a finding that-- (A) the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking; (B) there is a strong likelihood that the adult is not the parent or legal guardian of the child; or (C) the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to themselves or others. (b) Prohibition on Separation.--An agency may not remove a child from a parent or legal guardian solely for the policy goal of deterring individuals from migrating to the United States or for the policy goal of promoting compliance with civil immigration laws. (c) Documentation Required.--The Secretary shall ensure that a separation under subsection (a)(3) is documented in writing and includes, at a minimum, the reason for such separation, together with the stated evidence for such separation. SEC. 3. RECOMMENDATIONS FOR SEPARATION BY AGENTS OR OFFICERS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall develop training and guidance, with an emphasis on the best interests of the child, childhood trauma, attachment, and child development, for use by the agents and officers, in order to standardize the implementation of section 2(a)(3). (b) Annual Review.--Not less frequently than annually, the Secretary of Health and Human Services shall review the guidance developed under subsection (a) and make recommendations to the Secretary to ensure such guidance is in accordance with current evidence and best practices in child welfare, child development, and childhood trauma. (c) Requirement.--The guidance under subsection (a) shall incorporate the presumptions described in section 4. (d) Additional Requirements.-- (1) Evidence-based.--The guidance and training developed under this section shall incorporate evidence-based practices. (2) Training required.-- (A) All agents and officers of designated agencies, upon hire, and annually thereafter, shall complete training on adherence to the guidance under this section. (B) All Chief Patrol Agents and Area Port Directors, upon hire, and annually thereafter, shall complete-- (i) training on adherence to the guidance under this section; and (ii) 90 minutes of child welfare practice training that is evidence-based and trauma- informed. SEC. 4. PRESUMPTIONS. The presumptions described in this section are the following: (1) Family unity.--There shall be a strong presumption in favor of family unity. (2) Siblings.--To the maximum extent practicable, the Secretary shall ensure that sibling groups remain intact. (3) Detention.--In general, there is a presumption that detention is not in the best interests of families and children. SEC. 5. REQUIRED POLICY FOR LOCATING SEPARATED CHILDREN. (a) In General.--Not later than 180 days after the after the date of the enactment of this Act, the Secretary shall publish final public guidance that describes, with specificity, the manner in which a parent or legal guardian may locate a child who was separated from the parent or legal guardian under section 2(a). In developing the public guidance, the Secretary shall consult with the Secretary of Health and Human Services, immigrant advocacy organizations, child welfare organizations, and State child welfare agencies. (b) Written Notification.--The Secretary shall provide each parent or legal guardian who was separated, with written notice of the public guidance to locate a separated child. (c) Language Access.--All guidance shall be available in English and Spanish, and at the request of the parent or legal guardian, in the language or manner that is understandable by the parent or legal guardian. SEC. 6. REQUIRED INFORMATION FOR SEPARATED FAMILIES. Not less frequently than once every month, the Secretary shall provide the parent or legal guardian of a child who was separated, the following information, at a minimum: (1) A status report on the monthly activities of the child. (2) Information about the education and health of the child, including any medical treatment provided to the child or medical treatment recommended for the child. (3) Information about changes to the child's immigration status. (4) Other information about the child, designed to promote and maintain family reunification, as the Secretary determines in his or her discretion. SEC. 7. ANNUAL REPORT ON FAMILY SEPARATION. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the committees of jurisdiction that describes each instance in which a child was separated from a parent or legal guardian and includes, for each such instance, the following: (1) The relationship of the adult and the child. (2) The age and gender of the adult and child. (3) The length of separation. (4) Whether the adult was charged with a crime, and if the adult was charged with a crime, the type of crime. (5) Whether the adult made a claim for asylum, expressed a fear to return, or applied for other immigration relief. (6) Whether the adult was prosecuted if charged with a crime and the associated outcome of such charges. (7) The stated reason for, and evidence in support of, the separation. (8) If the child was part of a sibling group at the time of separation, whether the sibling group has had physical contact and visitation. (9) Whether the child was rendered an unaccompanied alien child. (10) Other information in the Secretary's discretion. SEC. 8. CLARIFICATION OF PARENTAL RIGHTS. If a child is separated from a parent or legal guardian, and a State court has not made a determination that the parental rights have been terminated, there is a presumption that-- (1) the parental rights remain intact; and (2) the separation does not constitute an affirmative determination of abuse or neglect under Federal or State law. SEC. 9. CLARIFICATION OF EXISTING LAW. (a) Federal Law.--Nothing in this Act shall be interpreted to supersede or modify Federal child welfare law, where applicable, including the Adoption and Safe Families Act of 1997 (Public Law 105- 89). (b) State Law.--Nothing in this Act shall be interpreted to supersede or modify State child welfare laws where applicable. SEC. 10. GAO REPORT ON PROSECUTION OF ASYLUM SEEKERS. (a) Study.--The Comptroller General of the United States shall conduct a study of the prosecution of asylum seekers during the period beginning on January 1, 2008 and ending on December 31, 2018, including-- (1) the total number of persons who claimed a fear of persecution, received a favorable credible fear determination, and were referred for prosecution; (2) an overview and analysis of the metrics used by the Department of Homeland Security and the Department of Justice to track the number of asylum seekers referred for prosecution; (3) the total number of asylum seekers referred for prosecution, a breakdown and description of the criminal charges filed against asylum seekers during such period, and a breakdown and description of the convictions secured; (4) the total number of asylum seekers who were separated from their children as a result of being referred for prosecution; (5) a breakdown of the resources spent on prosecuting asylum seekers during such period, as well as any diversion of resources required to prosecute asylum seekers, and any costs imposed on States and localities; (6) the total number of asylum seekers who were referred for prosecution and also went through immigration proceedings; and (7) the total number of asylum seekers referred for prosecution who were deported before going through immigration proceedings. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report that describes the results of the study conducted pursuant to subsection (a). SEC. 11. DEFINITIONS. In this Act: (1) Agent; officer.--The terms ``agent'' and ``officer'' include contractors of the Federal Government. (2) Child.--The term ``child'' means an individual who-- (A) has not reached the age of 18; and (B) has no permanent immigration status. (3) Committees of jurisdiction.--The term ``committees of jurisdiction'' means-- (A) the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on the Judiciary of the House of Representatives. (4) Danger of abuse or neglect at the hands of the parent or legal guardian.--The term ``danger of abuse or neglect at the hands of the parent or legal guardian'' shall not mean migrating to or crossing the United States border. (5) Designated agency.--The term ``designated agency'' means-- (A) the Department of Homeland Security; (B) the Department of Justice; and (C) the Department of Health and Human Services. (6) Finding.--The term ``finding'' means an individualized written assessment or screening by the trained agent or officer that includes a consultation with a child welfare specialist, formalized as required under section 2(c) and consistent with sections 3, 4, and 8. (7) Secretary.--Unless otherwise specified, the term ``Secretary'' means the Secretary of Homeland Security.	Keep Families Together Act This bill prohibits an agent or contractor of the Department of Homeland Security, the Department of Justice, or the Department of Health and Human Services from removing a child who is under the age of 18 and has no permanent immigration status from his or her parent or legal guardian at or near the port of entry or within 100 miles of the U.S. border unless: an authorized state court determines that it is in the child's best interests to be removed; a state or county child welfare official with expertise in child trauma and development determines that it is in the child's best interests to be removed because of abuse or neglect; or the Chief Patrol Agent or the Area Port Director authorizes separation based on a documented finding that the child is a trafficking victim or is at significant risk of becoming a victim, a strong likelihood exists that the adult is not the parent or legal guardian, or the child is in danger of abuse or neglect. An agency may not remove a child from a parent or legal guardian solely for the policy goals of deterring migration to the United States or of promoting immigration law compliance. The bill sets forth presumptions: (1) in favor of family and sibling unity and parental rights, and (2) that detention is not in the best interests of families and children. The Government Accountability Office shall conduct a study of the prosecution of asylum seekers.
SECTION 1. CHANGE IN COMPOSITION, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY. (a) In General.--The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.) is amended by striking section 2 and inserting the following: ``SEC. 2. MEMBERSHIP, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS. ``(a) Membership.-- ``(1) Appointment.--The Board of Directors of the Corporation (referred to in this Act as the `Board') shall be composed of 9 members appointed by the President by and with the advice and consent of the Senate, who shall be legal residents of the service area. ``(2) Chairman.--The members of the Board shall select 1 of the members to act as chairman of the Board. ``(b) Qualifications.-- ``(1) In general.--To be eligible to be appointed as a member of the Board, an individual-- ``(A) shall be a citizen of the United States; ``(B) shall have widely recognized experience or applicable expertise in the management of or decisionmaking for a large corporate structure; ``(C) shall not be an employee of the Corporation; ``(D) shall have no substantial direct financial interest in-- ``(i) any public-utility corporation engaged in the business of distributing and selling power to the public; or ``(ii) any business that may be adversely affected by the success of the Corporation as a producer of electric power; and ``(E) profess a belief in the feasibility and wisdom of this Act. ``(2) Party affiliation.--Not more than 5 of the 9 members of the Board may be affiliated with a single political party. ``(c) Recommendations.--In appointing members of the Board, the President shall-- ``(1) consider recommendations from such public officials as-- ``(A) the Governors of States in the service area; ``(B) individual citizens; ``(C) business, industrial, labor, electric power distribution, environmental, civic, and service organizations; and ``(D) the congressional delegations of the States in the service area; and ``(2) seek qualified members from among persons who reflect the diversity and needs of the service area of the Corporation. ``(d) Terms.-- ``(1) In general.--A member of the Board shall serve a term of 5 years, except that in first making appointments after the date of enactment of this paragraph, the President shall appoint-- ``(A) 2 members to a term of 2 years; ``(B) 1 member to a term of 3 years; and ``(C) 2 members to a term of 4 years. ``(2) Vacancies.--A member appointed to fill a vacancy in the Board occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of that term. ``(3) Reappointment.-- ``(A) In general.--A member of the Board that was appointed for a full term may be reappointed for 1 additional term. ``(B) Appointment to fill vacancy.--For the purpose of subparagraph (A), a member appointed to serve the remainder of the term of a vacating member for a period of more than 2 years shall be considered to have been appointed for a full term. ``(e) Quorums.-- ``(1) In general.--Six members of the Board shall constitute a quorum for the transaction of business. ``(2) Minimum number of members.--A vacancy in the Board shall not impair the power of the Board to act, so long as there are 6 members in office. ``(f) Compensation.--A member of the Board shall be entitled to receive-- ``(1)(A) a stipend of $25,000 per year; plus ``(B) compensation, not to exceed $10,000 for any year, at a rate that does not exceed the daily equivalent of the annual rate of basic pay prescribed under level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day the member is engaged in the actual performance of duties as a member of the Board at meetings or hearings; and ``(2) travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service under section 5703 of title 5, United States Code. ``(g) Duties.-- ``(1) In general.--The Board shall-- ``(A) establish the broad goals, objectives, and policies of the Corporation that are appropriate to carry out this Act; ``(B) develop long-range plans to guide the Corporation in achieving the goals, objectives, and policies of the Corporation and provide assistance to the chief executive officer to achieve those goals, objectives, and policies, including preparing the Corporation for fundamental changes in the electric utilities industry; ``(C) ensure that those goals, objectives, and policies are achieved; ``(D) approve an annual budget for the Corporation; ``(E) establish a compensation plan for employees of the Corporation in accordance with subsection (i); ``(F) approve the salaries, benefits, and incentives for managers and technical personnel that report directly to the chief executive officer; ``(G) ensure that all activities of the Corporation are carried out in compliance with applicable law; ``(H) create an audit committee, composed solely of Board members independent of the management of the Corporation, which shall-- ``(i) recommend to the Board an external auditor; ``(ii) receive and review reports from the external auditor; and ``(iii) make such recommendations to the Board as the audit committee considers necessary; ``(I) create such other committees of Board members as the Board considers to be appropriate; ``(J) conduct public hearings on issues that could have a substantial effect on-- ``(i) the electric ratepayers in the service area; or ``(ii) the economic, environmental, social, or physical well-being of the people of the service area; and ``(K) establish the electricity rate schedule. ``(2) Meetings.--The Board shall meet at least 4 times each year. ``(h) Chief Executive Officer.-- ``(1) Appointment.--The Board shall appoint a person to serve as chief executive officer of the Corporation. ``(2) Qualifications.--To serve as chief executive officer of the Corporation, a person-- ``(A) shall be a citizen of the United States; ``(B) shall have management experience in large, complex organizations; ``(C) shall not be a current member of the Board or have served as a member of the Board within 2 years before being appointed chief executive officer; and ``(D) shall have no substantial direct financial interest in-- ``(i) any public-utility corporation engaged in the business of distributing and selling power to the public; or ``(ii) any business that may be adversely affected by the success of the Corporation as a producer of electric power; and ``(3) Tenure.--The chief executive officer shall serve at the pleasure of the Board. ``(i) Compensation Plan.-- ``(1) In general.--The Board shall approve a compensation plan that specifies salaries, benefits, and incentives for the chief executive officer and employees of the Corporation. ``(2) Annual survey.--The compensation plan shall be based on an annual survey of the prevailing salaries, benefits, and incentives for similar work in private industry, including engineering and electric utility companies, publicly owned electric utilities, and Federal, State, and local governments. ``(3) Considerations.--The compensation plan shall provide that education, experience, level of responsibility, geographic differences, and retention and recruitment needs will be taken into account in determining salaries of employees. ``(4) Submission to congress.--No salary shall be established under a compensation plan until after the compensation plan and the survey on which it is based have been submitted to Congress and made available to the public for a period of 30 days. ``(5) Positions at or below level iv.--The chief executive officer shall determine the salary and benefits of employees whose annual salary is not greater than the annual rate payable for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. ``(6) Positions above level iv.--On the recommendation of the chief executive officer, the Board shall approve the salaries of employees whose annual salaries would be in excess of the annual rate payable for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code.''. (b) Current Board Members.--A member of the board of directors of the Tennessee Valley Authority who was appointed before the effective date of the amendment made by subsection (a)-- (A) shall continue to serve as a member until the date of expiration of the member's current term; and (B) may not be reappointed. SEC. 2. CHANGE IN MANNER OF APPOINTMENT OF STAFF. Section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831b) is amended-- (1) by striking the first undesignated paragraph and inserting the following: ``(a) Appointment by the Chief Executive Officer.--The chief executive officer shall appoint, with the advice and consent of the Board, and without regard to the provisions of the civil service laws applicable to officers and employees of the United States, such managers, assistant managers, officers, employees, attorneys, and agents as are necessary for the transaction of the business of the Corporation.''; and (2) by striking ``All contracts'' and inserting the following: ``(b) Wage Rates.--All contracts''. SEC. 3. CONFORMING AMENDMENTS. (a) The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.) is amended-- (1) in the first section, by striking ``board of directors'' and inserting ``Board of Directors''; and (2) by striking ``board'' each place it appears and inserting ``Board''. (b) Section 9 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831h) is amended-- (1) by striking ``The Comptroller General of the United States shall audit'' and inserting the following: ``(c) Audits.--The Comptroller General of the United States shall audit''; and (2) by striking ``The Corporation shall determine'' and inserting the following: ``(d) Administrative Accounts and Business Documents.--The Corporation shall determine''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act take effect, and 7 additional members of the Board of the Tennessee Valley Authority shall be appointed so as to commence their terms on, May 18, 2000.	Amends the Tennessee Valley Authority Act of 1933 to increase the membership of the board of directors of the Tennessee Valley Authority and to revamp its structure and composition.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Allergen Labeling and Consumer Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) it is estimated that-- (A) approximately 2 percent of adults and about 5 percent of infants and young children in the United States suffer from food allergies; and (B) each year, roughly 30,000 individuals require emergency room treatment and 150 individuals die because of allergic reactions to food; (2)(A) Eight major foods or food groups--milk, eggs, fish, Crustacean shellfish, tree nuts, peanuts, wheat, and soybeans-- account for 90 percent of food allergies; (B) at present, there is no cure for food allergies; and (C) a food allergic consumer must avoid the food to which the consumer is allergic; (3)(A) in a review of randomly selected manufacturers of baked goods, ice cream, and candy in Minnesota and Wisconsin in 1999, the Food and Drug Administration found that 25 percent of sampled foods failed to list peanuts or eggs as ingredients on the food labels; and (B) nationally, the number of recalls because of unlabeled allergens rose to 121 in 2000 from about 35 a decade earlier; (4) a recent study shows that many parents of children with a food allergy were unable correctly to identify in each of several food labels the ingredients derived from major food allergens; (5)(A) ingredients in foods must be listed by their ``common or usual name''; (B) in some cases, the common or usual name of an ingredient may be unfamiliar to consumers, and many consumers may not realize the ingredient is derived from, or contains, a major food allergen; and (C) spices, flavorings, and certain colorings and incidental additives are exempt from ingredient labeling requirements that would allow consumers to avoid those to which they are allergic; and (6)(A) celiac disease is an immune-mediated disease that causes damage to the gastrointestinal tract, central nervous system, and other organs; (B) the current recommended treatment is avoidance of glutens in foods that are associated with celiac disease; and (C) a multicenter, multiyear study estimated that the prevalence of celiac disease in the United States is 0.5 to 1 percent of the general population. SEC. 3. FOOD LABELING; REQUIREMENT OF INFORMATION REGARDING ALLERGENIC SUBSTANCES. (a) In General.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(t)(1) If it is not a raw agricultural commodity and it is, or it intentionally bears or contains, a major food allergen, unless either-- ``(A) `Contains', which statement is followed by the name of the food source as described in section 201(ll)(1) from which the major food allergen is derived, follows immediately after or is adjacent to (in a type size no smaller than the type size used in the list of ingredients) the list of ingredients required under subsections (g) and (i); or ``(B) the common or usual name of the major food allergen in the list of ingredients required under sections (g) and (i) is followed in parentheses by the name of the food source as described in section 201(ll)(1) from which the major food allergen is derived, except that the name of the food source is not required when-- ``(i) the common or usual name of the ingredient uses the term used to describe a major food allergen in section 201(ll)(1), or ``(ii) the name of the food source as described in section 201(ll)(1) appears elsewhere in the ingredient list; and Provided all major food allergens are labeled in a consistent manner either as specified in clause (A) or as specified in clause (B). ``(2) The information required under this subsection may appear in labeling in lieu of appearing on the label only if the Secretary finds that such other labeling is sufficient to protect the public health. A finding by the Secretary under this subparagraph is effective upon publication in the Federal Register as a notice (including any change in an earlier finding under this subparagraph). ``(3) Notwithstanding subsection (g), (i), or (k), or any other law, a spice, flavoring, coloring, or incidental additive that is, or that intentionally bears or contains, a major food allergen shall be subject to the labeling requirements of this subsection. ``(4) The Secretary may by regulation modify the requirements of subparagraph (A) or (B) of paragraph (1), or eliminate either the requirement of subparagraph (A) or the requirement of subparagraph (B), if the Secretary determines that the modification or elimination of the requirement is necessary to protect the public health. ``(u) Notwithstanding subsection (g), (i), or (k), or any other law, a spice, flavoring, coloring, or incidental additive that is, or that intentionally bears or contains, a food allergen (other than a major food allergen), as determined by the Secretary by regulation, shall be disclosed in a manner specified by the Secretary by regulation.''. (b) Effect on Other Authority.--This section does not alter the authority of the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) to require the labeling of other food allergens. (c) Conforming Amendments.-- (1) Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ll) The term `major food allergen' means any of the following: ``(1) Milk, egg, fish (e.g. bass, flounder, or tuna), Crustacean shellfish (e.g. crab, lobster, or shrimp), tree nuts (e.g. almonds, pecans, or walnuts), wheat, peanuts, and soybeans. ``(2) A proteinaceous substance derived from a food specified in paragraph (1) (unless the Secretary determines that the substance does not cause an allergic response that poses a risk to human health).''. (2) Section 403A(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)(2)) is amended by striking ``or 403(i)(2)'' and inserting ``403(i)(2), 403(t), or 403(u)''. (d) Effective Date.--A food that is labeled on or after January 1, 2006, and that is, or that intentionally bears or contains, a major food allergen (as defined in the amendment made by subsection (c)) shall be labeled in compliance with the requirements of the amendment made by subsection (a). SEC. 4. REPORT ON FOOD ALLERGENS. Not later than June 30, 2004, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1)(A) analyzes-- (i) the ways in which foods, during manufacturing and processing, can be unintentionally contaminated with major food allergens, including contamination caused by the use by manufacturers of the same production line to produce both products for which major food allergens are intentional ingredients and products for which major food allergens are not intentional ingredients; and (ii) the ways in which foods produced on dedicated production lines might nonetheless become unintentionally contaminated with major food allergens; and (B) estimates how common those practices are in the food industry, with breakdowns by food type as appropriate; (2) recommends good manufacturing practices or other methods that can be used to reduce or eliminate cross-contact of foods with the major food allergens; (3) describes-- (A) the various types of advisory labeling (such as use of the words ``may contain'') used by food producers; (B) the conditions of manufacture of food that are associated with the various types of advisory labeling; and (C) the extent to which advisory labels are being used on food products; (4) determines how consumers with food allergies or the caretakers of consumers would prefer information about the risk of cross-contact be communicated on food labels by using appropriate survey mechanisms; and (5) identifies the circumstances, if any, under which advisory labeling could appropriately be used. SEC. 5. INSPECTIONS RELATING TO FOOD ALLERGENS. (a) In General.--The Secretary of Health and Human Services shall give priority to increasing the number of inspections under section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) of facilities in which foods are manufactured, processed, packed, or held-- (1) to ensure that the foods comply with practices to reduce or eliminate cross-contact of a food with major food allergen residues that are not intentional ingredients of the food; and (2) to ensure that major food allergens are properly labeled on foods. (b) Reports.--On October 1, 2003, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) states the number of inspections conducted in the previous 2 years and the numbers of facilities and food labels that were found to be in compliance or out of compliance; (2) describes the nature of the violations found; (3) includes the number of voluntary recalls, and their classifications, of foods with undeclared major food allergens; (4) assesses the extent of use of advisory language found and the appropriateness of that use; and (5) assesses the extent to which the Secretary and the food industry have effectively addressed cross-contact issues. SEC. 6. LABELING OF GLUTENS AND CELIAC DISEASE. (a) Contract With Institute of Medicine.--The Secretary of Health and Human Services (in this section, the ``Secretary'') shall enter into a contract with the Institute of Medicine for-- (1) the conduct of a review of the science relating to-- (A) the glutens in food that are associated with celiac disease; (B) the means of preventing and treating celiac disease; and (C) the methodologies for detecting such glutens in foods; and (2) the submission to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, not later than 2 years after the date of enactment of this Act, of a report concerning the review conducted under paragraph (1). (b) Requirements of Expertise.--The Institute of Medicine shall conduct the review under subsection (a)(1) and make the report under subsection (a)(2) in conjunction with experts in celiac disease, including experts in the pathogenesis, epidemiology, and biochemistry of celiac disease, the sensitivity to, and tolerance of, the glutens in food that are associated with celiac disease, and the clinical aspects of celiac disease, including prevention and treatment. (c) Gluten Labeling.--Considering the review conducted under paragraph (a)(1), the Secretary shall, not later than 4 years after the date of enactment of this Act, issue a proposed rule to define, and permit use of, the term ``gluten-free'' on the labeling of foods. Not later than 6 years after the date of enactment of this Act, the Secretary shall issue a final rule to define, and permit use of, the term ``gluten-free'' on the labeling of foods. (d) Report.--Not later than 2 years after submission to the Secretary of the report under subsection (a)(2), the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that assesses whether additional requirements for the labeling of gluten are warranted and necessary to better inform individuals with celiac disease, and if other labeling is warranted and necessary, identifies the types of such labeling. SEC. 7. DATA ON FOOD-RELATED ALLERGIC RESPONSES. (a) Study.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary''), in consultation with consumers, providers, State governments, and other relevant parties, shall complete a study for the purposes of-- (1) determining whether existing systems for the reporting, collection and analysis of national data accurately capture information on-- (A) the prevalence of food allergies; (B) the incidence of clinically significant or serious adverse events related to food allergies; and (C) the use of different modes of treatment for and prevention of allergic responses to foods; and (2) identifying new or alternative systems or enhancements to existing systems (including by educating physicians and other health care providers), for the reporting collection and analysis of national data on-- (A) the prevalence of food allergies; (B) the incidence of clinically significant or serious adverse events related to food allergies; and (C) the use of different modes of treatment for and prevention of allergic responses to foods. (b) Improvement and Publication of Data.--On completion of, and consistent with the findings of, the study conducted under subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the Commissioner of Foods and Drugs, shall improve the collection of, and publish as it becomes available, national data on-- (1) the prevalence of food allergies; (2) the incidence of clinically significant or serious adverse events related to food allergies; and (3) the use of different modes of treatment for and prevention of allergic responses to foods. (c) Report to Congress.--Not later than 30 months after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the progress made with respect to subsections (a) and (b). (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary. SEC. 8. FOOD ALLERGIES RESEARCH. (a) In General.--The Secretary of Health and Human Services, through the National Institutes of Health, shall convene a panel of nationally recognized experts to review current basic and clinical research efforts related to food allergies. The panel shall develop a plan for expanding, intensifying, and coordinating research activities concerning food allergies. (b) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a plan under subsection (a) to the Committee on Energy and Commerce in the House of Representatives and the Committee on Health, Education, Labor, and Pensions in the Senate. SEC. 9. FOOD ALLERGENS IN THE FOOD CODE. The Secretary of Health and Human Services shall, in the Conference for Food Protection, as part of its cooperative activities between the States under section 311 of the Public Health Service Act (42 U.S.C. 243), pursue revision of the Food Code to provide guidelines for preparing allergen-free foods in food establishments, including in restaurants, grocery store delicatessens and bakeries, and elementary and secondary school cafeterias. The Secretary shall consider public and private guidelines and recommendations for preparing allergen-free foods in pursuing this revision. SEC. 10. RECOMMENDATIONS REGARDING RESPONDING TO FOOD-RELATED ALLERGIC RESPONSES. The Secretary of Health and Human Services shall, in providing technical assistance relating to trauma care and emergency medical services to State and local agencies under section 1202(b)(3) of the Public Health Service Act (42 U.S.C. 300d-2(b)(3)), include technical assistance relating to the use of different modes of treatment for and prevention of allergic responses to foods.	Food Allergen Labeling and Consumer Protection Act - Amends the Federal Food, Drug, and Cosmetic Act to define " major food allergen" as any of the following: milk, eggs, fish, Crustacea, tree nuts, wheat, peanuts, and soybeans. Includes spices, flavorings, colorings, or incidental additives that are or intentionally contain a major food allergen. Requires food that is not a raw agricultural commodity, and that is, or intentionally bears or contains, a major food allergen, to state that information on its label by January 1, 2006.Directs the Secretary of Health and Human Services to give priority to increasing the number of inspections under the Act to ensure that foods comply with practices to reduce or eliminate cross-contact with major food allergen residues and to ensure that major food allergens are properly labeled on foods. Sets forth reporting requirements.Requires the Secretary to contract with the Institute of Medicine to conduct a review of the science relating to glutens in food and celiac disease, and to issue a report to the Secretary and Congress on its findings. Directs the Secretary to issue a proposed rule followed by a final rule to define, and permit use of, the term "gluten-free" on the labeling of foods.Directs the Secretary, in the Conference for Food Protection, as part of its cooperative activities between the States under the Public Health Service Act, to pursue certain revisions of the Food Code to provide guidelines for preparing allergen-free foods in food establishments.Requires the Secretary to include assistance relating to the use of different modes of treatment for and prevention of allergic responses to foods when he or she provides technical assistance relating to trauma care and emergency medical services under the Public Health Service Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Correspondence With Our Heroes Act''. SEC. 2. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED FORCES. (a) In General.--The Secretary of Defense, in consultation with the United States Postal Service, shall provide for a program under which postal benefits shall be provided to qualified individuals in accordance with succeeding provisions of this Act. (b) Qualified Individual.--For purposes of this Act, the term ``qualified individual'' means an individual who is-- (1) a member of the Armed Forces of the United States on active duty (as defined in section 101 of title 10, United States Code); and (2)(A) serving in Iraq or Afghanistan; or (B) hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury incurred as a result of service in Iraq or Afghanistan. (c) Postal Benefits Described.-- (1) In general.--The postal benefits provided under this Act shall consist of such coupons or other similar evidence of credit (whether in printed, electronic, or other format, and hereinafter in this Act referred to as ``vouchers'') as the Secretary of Defense (in consultation with the Postal Service) shall determine, entitling the bearer or user to make qualified mailings free of postage. (2) Qualified mailing.--For purposes of this Act, the term ``qualified mailing'' means the mailing of a single mail piece which-- (A) is described in subparagraph (A) or (B) of paragraph (3); (B) is sent from within an area served by a United States post office; and (C) is addressed to a qualified individual. (3) Mail described.--Mail described in this paragraph is-- (A) any first-class mail (including any sound- or video-recorded communication) not exceeding 13 ounces in weight and having the character of personal correspondence; and (B) parcel post not exceeding 15 pounds in weight. (4) Limitations.-- (A) Number.--An individual shall be eligible for 1 voucher for each month in which such individual is a qualified individual. (B) Use.--Any such voucher may not be used-- (i) for more than a single qualified mailing; or (ii) after the earlier of-- (I) the expiration date of such voucher, as designated by the Secretary of Defense; or (II) the last day of the 1-year period referred to in section 4. (5) Coordination rule.--Postal benefits under this Act shall be in addition to, and not in lieu of, any reduced rates of postage or other similar benefits which might otherwise be available by or under law, including any rates of postage resulting from the application of section 3401(b) of title 39, United States Code. (d) Regulations.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense (in consultation with the Postal Service) shall prescribe any regulations necessary to carry out this Act, including-- (1) procedures by which vouchers will be provided or made available in timely manner to persons duly identified by qualified individuals to receive those vouchers; and (2) procedures to ensure that the number of vouchers provided or made available with respect to any qualified individual complies with subsection (c)(4)(A). SEC. 3. FUNDING. (a) In General.--There is authorized to be appropriated to the Department of Defense a sum determined by the Department of Defense to be equal to the expenses incurred by the Department in providing the benefits described in section 2(c). (b) Transfers to Postal Service.-- (1) Based on estimates.--The Department of Defense shall transfer to the Postal Service, out of any amount so appropriated and in advance of each calendar quarter during which postal benefits under this Act may be used, an amount equal to the amount of postal benefits that the Department of Defense estimates will be used during such quarter, reduced or increased (as the case may be) by any amounts by which the Department finds that a determination under this section for a prior quarter was greater than or less than the amount finally determined for such quarter. (2) Based on final determination.--A final determination of the amount necessary to correct any previous determination under this section, and any transfer of amounts between the Postal Service and the Department of Defense based on that final determination, shall be made not later than 6 months after the end of the 1-year period referred to in section 4. (c) Consultation Required.--All estimates and determinations under this section of the amount of postal benefits under this Act used in any period shall be made by the Department of Defense in consultation with the Postal Service. SEC. 4. DURATION. The postal benefits under this Act shall apply with respect to mail matter sent during the 1-year period beginning on the date on which the regulations under section 2(d) take effect.	Correspondence With Our Heroes Act - Directs the Secretary of Defense to provide for a one-year program under which postal benefit vouchers are provided for the benefit of members of the Armed Forces on active duty in Iraq or Afghanistan, or hospitalized at a military facility as a result of a disease or injury incurred as a result of such service. Entitles voucher users to make free mailings to such individuals. Limits vouchers to one per month. Requires the Department of Defense (DOD) to transfer to the Postal Service an amount representing the amount of the vouchers used.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bonuses for Cost-Cutters Act of 2017''. SEC. 2. COST SAVINGS ENHANCEMENTS. (a) Definitions.--Section 4511 of title 5, United States Code, is amended-- (1) in the section heading, by striking ``Definition'' and inserting ``Definitions''; and (2) in subsection (a)-- (A) by striking the period at the end and inserting ``; and''; (B) by striking ``this subchapter, the term'' and inserting the following: ``this subchapter-- ``(1) the term''; and (C) by adding at the end the following: ``(2) the term `wasteful expenses' means amounts made available for salaries and expenses accounts, operations and maintenance accounts, or other equivalent accounts-- ``(A) that are identified by an employee of the agency under section 4512(a) as wasteful; and ``(B) that the Chief Financial Officer of the agency determines are not required for the purpose for which the amounts were made available.''. (b) Authority.--Section 4512 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``The head of an agency may pay a cash award to any employee of such agency whose identification of wasteful expenses to the Chief Financial Officer of the agency has resulted in cost savings for the agency.'' after the first sentence; (B) in paragraph (1) by striking ``$10,000'' and inserting ``$20,000''; (C) in paragraph (2)-- (i) by inserting ``Chief Financial Officer,'' after ``Inspector General,'' ; (ii) by striking ``employee designated under subsection (b)'' and inserting ``designated employee''; and (iii) by inserting ``or identification'' after ``disclosure''; and (D) in the matter following paragraph (2)-- (i) by inserting ``, Chief Financial Officer,'' after ``Inspector General''; and (ii) by inserting ``or identification'' after ``disclosure''; (2) in subsection (b) by striking ``awards permitted under this section'' and inserting ``awards for the disclosure of fraud, waste, or mismanagement under this section''; and (3) by adding at the end the following: ``(c)(1) If the Chief Financial Officer of the agency determines that potential wasteful expenses identified by an employee meet the requirements of section 4511(a)(2)(B), the head of the agency shall notify the President for purposes of proposing the expenses for rescission under title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.). ``(2) In the case of an agency for which there is no Chief Financial Officer, the head of the agency shall designate an agency employee who shall have the authority to make the determinations for identification of wasteful expenses under this section. ``(d) The head of each agency shall make available, along with, and in the same manner and form as, the provision of information required under section 1116 of title 31, information on disclosures of wasteful expenses under this section, including-- ``(1) a description of each disclosure of possible wasteful expenses identified by an employee and determined by the agency to have merit; and ``(2) the number and amount of cash awards provided by the agency under subsection (a). ``(e) An individual may not receive a cash award under this subchapter if the individual is-- ``(1) an officer or employee of the Office of the Inspector General of an agency; or ``(2) ineligible for a cash award under section 4509. ``(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 2017, and every 3 years thereafter for 6 years, 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.''. (c) 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.''. Passed the House of Representatives October 11, 2017. Attest: KAREN L. HAAS, Clerk.	Bonuses for Cost-Cutters Act of 2017 This bill expands the awards program for cost-saving identifications by federal employees of fraud, waste, or mismanagement to include identifications of certain operational expenses that are wasteful. An agency must propose any such identified wasteful expenses for rescission. The bill also doubles the maximum cash award that may be made under the program.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Old Man of the Mountain Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) Formed by God and glaciers, five different ledges atop a granite cliff created the Old Man of the Mountain whose flinty visage has long represented the Granite State's independence and proud traditions. (2) For some 10,000 years, the Old Man of the Mountain, from his lofty perch, did steadfastly defy the forces of gravity and nature that bring all things down. (3) The Old Man of the Mountain's rugged profile delighted all who saw it, as it serves as a symbol of New Hampshire's stony and unyielding independence and represents New Hampshire's love of liberty and is deeply revered by all Granite Staters. (4) The rocky ledges that formed the Old Man of the Mountain gave way and tumbled down the slopes of Cannon Mountain under a veil of fog and cloud sometime in the first few hours of May 3, 2003, forever changing the landscape that has long served as a New Hampshire state symbol. (5) The importance of the ``Great Stone Face'' as a symbol of New Hampshire was eloquently noted by Statesman Daniel Webster. (6) A commemorative coin would immortalize the watchful gaze of the Old Man, bringing both national and international attention to the lasting legacy of the Old Man of the Mountain as well as helping to ease the loss felt by all New Hampshire residents. (7) The proceeds from a surcharge on the sale of each commemorative coin will assist the financing of a suitable memorial to the oldest and proudest member of the New Hampshire family, the Old Man of the Mountain. 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 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 350,000 $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 sections 5134 and 5136 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 Old Man of the Mountain, the granite symbol of New Hampshire's fierce independence. (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 ``2006''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', ``E Pluribus Unum'', and ``Live Free or Die''. (3) Numismatic design considerations.--At least 1 of the following numismatic design features shall be used on the coins minted under this Act: (A) Reverse proofing of the coin. (B) Raised lettering on the edge of the coin. (C) Such other unique numismatic design feature as the Secretary may determine to be appropriate. (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 the Old Man of the Mountain Revitalization Fund, Inc.; and (2) reviewed by the Citizens 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) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning August 28, 2005. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2006. 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) $35 per coin for the $5 coin. (2) $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 Old Man of the Mountain Revitalization Fund, Inc., to be used for the objects and purposes of such Fund. (c) Audits.--The Old Man of the Mountain Revitalization Fund, Inc., shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Fund under subsection (b).	Old Man of the Mountain Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 gold coins and 350,000 $1 silver coins emblematic of the Old Man of the Mountain (the granite symbol of New Hampshire's fierce independence).Directs that surcharges be paid by the Secretary to the Old Man of the Mountain Revitalization Fund, Inc., to be used for the objects and purposes of such fund.
SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE DISTRICT OF COLUMBIA. (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled ``An Act to provide for the organization of the militia of the District of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49- 409, D.C. Official Code), is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C. Official Code) is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such Act (sec. 49-301(a), D.C. Official Code) is amended-- (A) by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''; and (B) by striking ``President.'' and inserting ``Mayor.''. (2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is amended by striking ``President'' and inserting ``Mayor of the District of Columbia''. (3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``to the Secretary of the Army'' and all that follows through ``which board'' and inserting ``to a board of examination appointed by the Commanding General, which''; and (B) in subsection (b), by striking ``the Secretary of the Army'' and all that follows through the period and inserting ``the Mayor of the District of Columbia, together with any recommendations of the Commanding General.''. (5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is amended-- (A) by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''; and (B) by striking ``the President may retire'' and inserting ``the Mayor may retire''. (d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C. Official Code) is amended by striking ``, or for the United States Marshal'' and all that follows through ``shall thereupon order'' and inserting ``to order''. (2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is amended by striking ``the President'' and inserting ``the Mayor of the District of Columbia''. (e) General Courts Martial.--Section 51 of such Act (sec. 49-503, D.C. Official Code) is amended by striking ``the President of the United States'' and inserting ``the Mayor of the District of Columbia''. SEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE. (a) Detail for Training.--(1) Section 4301(c) of title 10, United States Code, is amended by striking ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (2) Section 9301(c) of such title is amended by striking ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (b) Failure To Satisfactorily Perform Prescribed Training.--Section 10148(b) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (c) Appointment of Chief of National Guard Bureau.--Section 10502(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (d) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (e) Other Senior National Guard Bureau Officers.--Section 10506(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' both places it appears and inserting ``the Mayor of the District of Columbia''. (f) Consent for Active Duty or Relocation.--(1) Section 12301 of title 10, United States Code, is amended-- (A) in subsection (b), by striking ``commanding general of the District of Columbia National Guard'' in the second sentence and inserting ``Mayor of the District of Columbia''; and (B) in subsection (d), by striking ``governor or other appropriate authority of the State concerned'' and inserting ``governor of the State (or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia)''. (2) Section 12406 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (g) Consent for Relocation of Units.--Section 18238 of such title is amended by striking ``, in the case of the District of Columbia, the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia, as the case may be''. SEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE. (a) Maintenance of Other Troops.--Section 109(c) of title 32, United States Code, is amended by striking ``(or commanding general in the case of the District of Columbia)''. (b) Drug Interdiction and Counter-Drug Activities.--Section 112(i)(2) of such title is amended by striking ``the Commanding General of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (c) Appointment of Adjutant General.--Section 314 of such title is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia,''. (d) Personnel Matters.--(1) Section 327(a) of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia, as the case may be''. (2) Section 331 of such title is amended by striking ``its commanding general'' and inserting ``the Mayor of the District of Columbia''. (3) Section 505 of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' in the first sentence and inserting ``Mayor of the District of Columbia''. (e) National Guard Challenge Program.--Section 509 of such title is amended-- (1) in subsection (c)(1), by striking ``the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general'' and inserting ``the Mayor of the District of Columbia, under which the Governor or the Mayor''; (2) in subsection (g)(2), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; (3) in subsection (j), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; and (4) in subsection (k), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (f) Issuance of Supplies.--Section 702(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. (g) Appointment of Fiscal Officer.--Section 708(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. SEC. 4. CONFORMING AMENDMENT TO GUARD AND RESERVE TRANSITION INITIATIVES. Section 4416(a)(3) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2714) is amended by striking ``or territory, Puerto Rico, or the District of Columbia'' and inserting ``, territory, or the Commonwealth of Puerto Rice, or the Mayor of the District of Columbia''. SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE ACT. Section 602(b) of the District of Columbia Home Rule Act (sec. 1- 206.02(b), D.C. Official Code) is amended by striking ``the National Guard of the District of Columbia,''.	Makes the Mayor of the District of Columbia the Commander-in-Chief of the District's militia in lieu of the President. Grants to the Mayor: (1) administrative authority with respect to the reserve corps of the District's National Guard; (2) authority to appoint and commission the militia's Commanding General, Adjutant General, and all other commissioned officers; and (3) sole authority to call for duty a portion of the militia to suppress a riot in the District.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Discrimination Against Seven States Act of 2003''. SEC. 2. DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES FOR RESIDENTS OF STATES WITH NO INCOME TAX. (a) In General.--Subsection (b) of section 164 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following: ``(5) General sales taxes.--For purposes of this section-- ``(A) Deduction of state and local sales taxes by residents of states imposing no income tax.--In the case of an individual who is a resident for more than half of the taxable year of a State which imposes no income tax on income earned within such State by residents of such State and who elects the application of this paragraph, subsection (a) shall be applied-- ``(i) without regard to the reference to State and local income taxes, ``(ii) as if State and local general sales taxes were referred to in a paragraph thereof, and ``(iii) without regard to the last sentence. ``(B) Definition of general sales tax.--The term `general sales tax' means a tax imposed at one rate with respect to the sale at retail of a broad range of classes of items. ``(C) Special rules for food, etc.--In the case of items of food, clothing, medical supplies, and motor vehicles-- ``(i) the fact that the tax does not apply with respect to some or all of such items shall not be taken into account in determining whether the tax applies with respect to a broad range of classes of items, and ``(ii) the fact that the rate of tax applicable with respect to some or all of such items is lower than the general rate of tax shall not be taken into account in determining whether the tax is imposed at one rate. ``(D) Items taxed at different rates.--Except in the case of a lower rate of tax applicable with respect to an item described in subparagraph (C), no deduction shall be allowed under this paragraph for any general sales tax imposed with respect to an item at a rate other than the general rate of tax. ``(E) Compensating use taxes.--A compensating use tax with respect to an item shall be treated as a general sales tax. For purposes of the preceding sentence, the term `compensating use tax' means, with respect to any item, a tax which-- ``(i) is imposed on the use, storage, or consumption of such item, and ``(ii) is complementary to a general sales tax, but only if a deduction is allowable under this paragraph with respect to items sold at retail in the taxing jurisdiction which are similar to such item. ``(F) Special rule for motor vehicles.--In the case of motor vehicles, if the rate of tax exceeds the general rate, such excess shall be disregarded and the general rate shall be treated as the rate of tax. ``(G) Separately stated general sales taxes.--If the amount of any general sales tax is separately stated, then, to the extent that the amount so stated is paid by the consumer (other than in connection with the consumer's trade or business) to the seller, such amount shall be treated as a tax imposed on, and paid by, such consumer. ``(H) Amount of deduction to be determined under tables.-- ``(i) In general.--The amount of the deduction allowed under this paragraph shall be determined under tables prescribed by the Secretary. ``(ii) Requirements for tables.--The tables prescribed under clause (i)-- ``(I) shall reflect the provisions of this paragraph, ``(II) shall be based on the average consumption by taxpayers on a State-by-State basis, as determined by the Secretary, taking into account filing status, number of dependents, adjusted gross income, and rates of State and local general sales taxation, and ``(III) need only be determined with respect to adjusted gross incomes up to the applicable amount (as determined under section 68(b)).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.	Stop Discrimination Against Seven States Act of 2003 - Amends the Internal Revenue Code to permit the deduction of State and local sales taxes by residents of States which do not impose income taxes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rocky Flats Special Exposure Cohort Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) (hereinafter in this section referred to as the ``Act'') was enacted to ensure fairness and equity for the civilian men and women who, during the past 50 years, performed duties uniquely related to the nuclear weapons production and testing programs of the Department of Energy and its predecessor agencies by establishing a program that would provide efficient, uniform, and adequate compensation for beryllium-related health conditions and radiation-related health conditions. (2) The Act provides a process for consideration of claims for compensation by individuals who were employed at relevant times at various locations, but also included provisions designating employees at certain other locations as members of a special exposure cohort whose claims are subject to a less- detailed administrative process. (3) The Act also authorizes the President, upon recommendation of the Advisory Board on Radiation and Worker Health, to designate additional classes of employees at Department of Energy facilities as members of the special exposure cohort if the President determines that- (A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and (B) there is a reasonable likelihood that the radiation dose may have endangered the health of members of the class. (4) It has become evident that it is not feasible to estimate with sufficient accuracy the radiation dose received by employees at the Department of Energy facility in Colorado known as the Rocky Flats site for the following reasons: (A) Many worker exposures were unmonitored over the lifetime of the plant at the Rocky Flats site. Even in 2004, a former worker from the 1950s was monitored under the former radiation worker program of the Department of Energy and found to have a significant internal deposition that had been undetected and unrecorded for more than 50 years. (B) No lung counter for detecting and measuring plutonium and americium in the lungs existed at Rocky Flats until the late 1960s. Without this equipment, the very insoluble oxide forms of plutonium cannot be detected, and a large number of workers had inhalation exposures that went undetected and unmeasured. (C) Exposure to neutron radiation was not monitored until the late 1950s, and most of those measurements through 1970 have been found to be in error. In some areas of the plant the neutron doses were as much as 2 to 10 times as great as the gamma doses received by workers, but only gamma doses were recorded. The old neutron films are being re-read, but those doses have not yet been added to the workers' records or been used in the dose reconstructions for Rocky Flats workers carried out by the National Institute for Occupational Safety and Health. (D) Radiation exposures for many workers were not measured or were missing and, as a result, the records are incomplete or estimated doses were assigned. There are many inaccuracies in the exposure records that the Institute is using to determine whether Rocky Flats workers qualify for compensation under the Act. (E) The model that has been used for dose reconstruction by the Institute in determining whether Rocky Flats workers qualify for compensation under the Act is in error. The default values used for particle size and solubility of the internally deposited plutonium in workers are in error. Use of these erroneous values reduces the actual internal doses for claimants by as much as 3 to 10 times less than the Rocky Flats records and autopsy data indicate. (5) Administrative costs related to Rocky Flats claims have been substantial, but only a few Rocky Flats cases have been processed. (6) Some Rocky Flats workers, despite having worked with tons of plutonium and having known exposures leading to serious health effects, have been denied compensation under the Act as a result of potentially flawed calculations based on records that are incomplete or in error as well as the use of incorrect models. (7) Achieving the purposes of the Act with respect to workers at Rocky Flats is more likely to be achieved if claims by those workers are subject to the administrative procedures applicable to members of the special exposure cohort. (b) Purpose.--The purpose of this Act is to revise the Energy Employees Occupational Illness Compensation Program Act so as to include certain past and present Rocky Flats workers as members of the special exposure cohort. SEC. 3. DEFINITION OF MEMBER OF SPECIAL EXPOSURE COHORT. (a) In General.--Section 3621(14) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(14)) is amended by adding at the end of paragraph (14) the following: ``(D) The employee was so employed as a Department of Energy employee or a Department of Energy contractor employee for a number of work days aggregating at least 250 work days before January 1, 2006, at the Rocky Flats site in Colorado.''. (b) Reapplication.--A claim that an individual qualifies, by reason of subparagraph (D) of section 3621(14) of that Act (as added by subsection (a)), for compensation or benefits under that Act shall be considered for compensation or benefits (notwithstanding any denial of any other claim for compensation with respect to that individual).	Rocky Flats Special Exposure Cohort Act - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to provide compensation for employees of the Department of Energy (DOE) or of a DOE contractor employed for an aggregate number of at least 250 work days before January 1, 2006, at the Rocky Flats site in Colorado.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Oversight of Iran's Access to Finance Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Under the Joint Comprehensive Plan of Action (in this section referred to as the ``JCPOA''), informally known as the Iran nuclear deal, the Obama administration agreed to license the sale of commercial passenger aircraft to Iran, the world's foremost state sponsor of terrorism and a jurisdiction of primary money laundering concern. (2) In April 2015, prior to the adoption of the JCPOA, Secretary of the Treasury Jacob Lew, in publicly advocating for its provisions, stated, ``Make no mistake: deal or no deal, we will continue to use all our available tools, including sanctions, to counter Iran's menacing behavior. Iran knows that our host of sanctions focused on its support for terrorism and its violations of human rights are not, and have never been, up for discussion.''. (3) In March 2016 remarks to the Carnegie Endowment for International Peace, Secretary Lew, in reference to United States commitments under the JCPOA, stated, ``While we have lifted the nuclear sanctions, we continue to enforce sanctions directed at support for terrorism and regional destabilization, and missile and human rights violations.''. (4) In an April 2016 forum at the Council on Foreign Relations, Secretary Lew stated that, under the JCPOA, the United States committed to lifting its nuclear sanctions, ``but the U.S. financial system is not open to Iran, and that is not something that is going to change''. (5) In September 2016, the Department of the Treasury's Office of Foreign Assets Control (in this section referred to as ``OFAC'') issued licenses permitting the export of up to 97 aircraft for use by Iran Air, the Islamic Republic of Iran's flagship state-owned air carrier. These licenses included authorization for United States financial institutions ``to engage in all transactions necessary to provide financing or other financial services'' in order to effectuate the sales. In November 2016, OFAC licensed an additional 106 aircraft for purchase by Iran Air, which are also eligible for financing authorized by OFAC. (6) The Department of the Treasury had sanctioned Iran Air in 2011 for its use of commercial passenger aircraft to transport rockets, missiles, and other military cargo on behalf of the Islamic Revolutionary Guard Corps (in this section referred to as the ``IRGC'') and Iran's Ministry of Defense and Armed Forces Logistics, both of which had been designated under Executive Order 13382 for weapons proliferation-related activities. In October 2017, the IRGC went on to be designated under Executive Order 13224 for its support of the IRGC-Qods Force, which has provided support to terrorist groups such as Hizballah, Hamas, and the Taliban. (7) Among Iran Air's sanctionable activities, the air carrier delivered missile or rocket components to the regime of Bashar al-Assad in Syria, which like Iran is classified as a state sponsor of terrorism. (8) The Assad regime is responsible for a civil conflict that has claimed an estimated 400,000 lives, including through the regime's deployment of chemical weapons and barrel bombs against unarmed civilians and children. (9) Despite being delisted in 2016, Iran Air has continued to fly known weapons resupply routes to government-controlled areas of Syria. According to research by the Foundation for Defense of Democracies, between Implementation Day of the JCPOA on January 16, 2016, and May 4, 2017, Iran Air operated at least 134 flights to Syria, which included stops in Abadan, Iran, a suspected IRGC logistical hub for airlifts to the Assad regime. (10) In November 2016 correspondence to the Chairman of the Committee on Financial Services of the House of Representatives, the Department of the Treasury noted that the commitment to delist Iran Air under the JCPOA ``does not affect our ability to designate, or re-designate, any Iranian airline that engages in sanctionable activity. The United States retains the ability to designate any individual or entity that engages in sanctionable activities under our authorities targeting conduct outside the scope of the JCPOA, including Iran's support for terrorism, human rights abuses, ballistic missile program, and other destabilizing activities in the region.''. (11) In April 2017, Iran announced a deal for Aseman Airlines to purchase up to 60 commercial aircraft, a transaction that would require authorization by OFAC. Aseman Airlines' chief executive officer, Hossein Alaei, has for decades served as a senior member of the IRGC. SEC. 3. CERTIFICATIONS FOR AIRCRAFT-RELATED TRANSACTIONS BY UNITED STATES AND FOREIGN FINANCIAL INSTITUTIONS. (a) In General.--Not later than 30 days after authorizing a transaction by a United States financial institution or a foreign financial institution in connection with the export or re-export of a commercial passenger aircraft to Iran (or, for an authorization made after January 16, 2016, but before the date of the enactment of this Act, not later than 60 days after such date of enactment), and every 180 days thereafter for the duration of the authorization, the Secretary shall submit a report described in subsection (b) to the appropriate congressional committees. (b) Report With Respect to Financial Institutions' Iran-Related Transactions and Due Diligence.--A report described in this subsection is a report that contains-- (1) a list of financial institutions that, after January 16, 2016, have conducted transactions authorized by the Secretary in connection with the export or re-export of commercial passenger aircraft to Iran; and (2) with respect to the transaction by a financial institution described in subsection (a), either-- (A) a certification that-- (i) the transaction does not pose a significant money laundering or terrorism financing risk to the United States financial system; (ii) the transaction will not benefit an Iranian person that, since the date that is one year preceding the date of the certification-- (I) has knowingly transported items used for the proliferation of weapons of mass destruction, including systems designed in whole or in part for the delivery of such weapons; or (II) has knowingly provided transportation services or material support for, or on behalf of, any person designated under-- (aa) Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); (bb) Executive Order 13382 (50 U.S.C. 1701 note; relating to blocking property of weapons of mass destruction delivery system proliferators and their supporters); or (cc) Executive Order 13572 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to human rights abuses in Syria); and (iii) any financial institution described in paragraph (1) has had since the date such authorization was made, or, if the authorization is no longer in effect, had for the duration of such authorization, appropriate policies, procedures, and processes in place to avoid engaging in sanctionable activities that may result from the financial institution's exposure to Iran; or (B) a statement that the Secretary is unable to make the certification described in subparagraph (A) and a notice that the Secretary will, not later than 60 days after the date the determination is submitted to the appropriate congressional committees, submit a report on non-certification described in subsection (c) to the appropriate congressional committees. (c) Report on Non-Certification.--A report on non-certification described in this subsection is a report with respect to a transaction by a financial institution described in subsection (a) that contains-- (1) a detailed explanation for why the Secretary is unable to make the certification described under subsection (b)(2)(A) with respect to the transaction; (2) a notification of whether the Secretary will-- (A) not amend the authorization of the transaction with respect to the financial institution, notwithstanding such non-certification; (B) suspend the authorization until the Secretary is able to make such certification; (C) revoke the authorization; or (D) otherwise amend the authorization; and (3) an explanation of the reasons for any action to be taken described in paragraph (2). (d) Waiver.--The President may waive, on a case-by-case basis, the provisions of this section for up to one year at a time upon certifying to the appropriate congressional committees that-- (1) the Government of Iran has-- (A) made substantial progress towards combating money laundering and terrorism financing risk emanating from Iran; or (B) significantly reduced Iran's-- (i) destabilizing activities in the region; or (ii) material support for terrorist groups; or (2) such waiver is important to the national security interests of the United States, with an explanation of the reasons therefor. (e) Termination.--This section shall cease to be effective on the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that-- (1)(A) the Secretary does not find, under section 5318A of title 31, United States Code, that reasonable grounds exist for concluding that Iran is a jurisdiction of primary money laundering concern; and (B) Iran has ceased providing support for acts of international terrorism; or (2) terminating the provisions of this section is vital to the national security interests of the United States, with an explanation of the reasons therefor. (f) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate. (2) Financial institution.--The term ``financial institution'' means a United States financial institution or a foreign financial institution. (3) Foreign financial institution.--The term ``foreign financial institution'' has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations. (4) Knowingly.--The term ``knowingly'' with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (6) United states financial institution.--The term ``United States financial institution'' has the meaning given the term ``U.S. financial institution'' in section 561.309 of title 31, Code of Federal Regulations.	Strengthening Oversight of Iran's Access to Finance Act This bill directs the Department of the Treasury, not later than 30 days after authorizing a U. S. or foreign financial institution to export or re-export a commercial passenger aircraft to Iran (or, for an authorization made after January 16, 2016, but before the enactment of this bill, not later than 60 days after such enactment) and every 180 days thereafter for the duration of the authorization, to submit to Congress a report containing: a list of financial institutions that have, after January 16, 2016, conducted transactions authorized in connection with such export or re-export; and either a certification that such transaction does not pose a significant money laundering or terrorism financing risk to the U. S. financial system and will not benefit an Iranian person who for the one year preceding the certification has knowingly transported weapons of mass destruction or has knowingly provided transportation services or material support for terrorism, weapons of mass destruction delivery system proliferation, or human rights abuses in Syria, and that any such institution had appropriate policies, procedures, and processes in place to avoid engaging in sanctionable activities; or a statement that the Treasury is unable to make such a certification and will, within 60 days after such determination, submit a report on non-certification to Congress. The President may waive the requirements of this bill for up to one year at a time upon certifying to Congress that: the Government of Iran has made substantial progress toward combating money laundering and terrorism financing risk emanating from Iran or has significantly reduced its destabilizing activities in the region or material support for terrorist groups; or such waiver is important to U.S. national interests.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Year 2000 Readiness Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the failure of many computer programs to recognize the Year 2000 will have extreme negative financial consequences in the Year 2000 and in subsequent years for both large and small businesses; (2) small businesses are well behind larger businesses in implementing corrective changes to their automated systems--85 percent of businesses with 200 employees or less have not commenced inventorying the changes they must make to their automated systems to avoid Year 2000 problems; (3) many small businesses do not have access to capital to fix mission critical automated systems; and (4) the failure of a large number of small businesses will have a highly detrimental effect on the economy in the Year 2000 and in subsequent years. SEC. 3. YEAR 2000 COMPUTER PROBLEM LOAN GUARANTEE PROGRAM. (a) Program Established.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following: ``(27) Year 2000 computer problem pilot program.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `eligible lender' means any lender designated by the Administration as eligible to participate in-- ``(I) the Preferred Lenders Program authorized by the proviso in section 5(b)(7); or ``(II) the Certified Lenders Program authorized in paragraph (19); and ``(ii) the term `Year 2000 computer problem' means, with respect to information technology, any problem that prevents the information technology from accurately processing, calculating, comparing, or sequencing date or time data-- ``(I) from, into, or between-- ``(aa) the 20th or 21st centuries; or ``(bb) the years 1999 and 2000; or ``(II) with regard to leap year calculations. ``(B) Establishment of program.--The Administration shall-- ``(i) establish a pilot loan guarantee program, under which the Administration shall guarantee loans made by eligible lenders to small business concerns in accordance with this subsection; and ``(ii) notify each eligible lender of the establishment of the program under this paragraph. ``(C) Use of funds.--A small business concern that receives a loan guaranteed under this paragraph shall use the proceeds of the loan solely to address the Year 2000 computer problems of that small business concern, including the repair or acquisition of information technology systems and other automated systems. ``(D) Maximum amount.--The total amount of a loan made to a small business concern and guaranteed under this paragraph shall not exceed $50,000. ``(E) Guarantee limit.--The guarantee percentage of a loan guaranteed under this paragraph shall not exceed 50 percent of the balance of the financing outstanding at the time of disbursement of the loan. ``(F) Report.--The Administration shall annually submit to the Committees on Small Business of the House of Representatives and the Senate a report on the results of the program under this paragraph, which shall include information relating to-- ``(i) the number and amount of loans guaranteed under this paragraph; ``(ii) whether the loans guaranteed were made to repair or replace information technology and other automated systems; and ``(iii) the number of eligible lenders participating in the program.''. (b) Regulations.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue final regulations to carry out the program under section 7(a)(27) of the Small Business Act, as added by this section. (2) Requirements.--Except to the extent inconsistent this section or section 7(a)(27) of the Small Business Act, as added by this section, the regulations issued under this subsection shall be substantially similar to the requirements governing the FA$TRACK pilot program of the Small Business Administration, or any successor pilot program to that pilot program. (c) Repeal.--Effective on October 1, 2001, this section and the amendment made by this section are repealed. SEC. 4. PILOT PROGRAM REQUIREMENTS. Section 7(a)(25) of the Small Business Act (15 U.S.C. 636(a)(25)) is amended by adding at the end the following: ``(D) Notification of change.--Not later than 30 days prior to initiating any pilot program or making any change in a pilot program under this subsection that may affect the subsidy rate estimates for the loan program under this subsection, the Administration shall notify the Committees on Small Business of the House of Representatives and the Senate, which notification shall include-- ``(i) a description of the proposed change; and ``(ii) an explanation, which shall be developed by the Administration in consultation with the Director of the Office of Management and Budget, of the estimated effect that the change will have on the subsidy rate. ``(E) Report on pilot programs.--The Administration shall annually submit to the Committees on Small Business of the House of Representatives and the Senate a report on each pilot program under this subsection, which report shall include information relating to-- ``(i) the number and amount of loans made under the pilot program; ``(ii) the number of lenders participating in the pilot program; and ``(iii) the default rate, delinquency rate, and recovery rate for loans under each pilot program, as compared to those rates for other loan programs under this subsection.''.	Small Business Year 2000 Readiness Act - Amends the Small Business Act to direct the Small Business Administration (SBA) to establish a pilot loan guarantee program under which the SBA shall guarantee loans made by eligible lenders to small businesses to address Year 2000 computer problems (Y2K problem), including the repair or acquisition of information technology systems and other automated systems. Limits: (1) the loan amount for each participating small business to $50,000; and (2) the amount which is guaranteed by the SBA to 50 percent of the total loan received from a lender. Requires the SBA to notify the small business committees at least 30 days in advance of the initiation of any pilot program under such Act or a pilot program which may affect the subsidy rate estimates for a loan program. Requires an annual report to such committees on each pilot program under which loans are guaranteed by the SBA.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sales Tax Equitability Act of 2003''. SEC. 2. DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES FOR RESIDENTS OF STATES WITH NO INCOME TAX. (a) In General.--Subsection (b) of section 164 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following: ``(5) General sales taxes.--For purposes of this section-- ``(A) Deduction of state and local sales taxes by residents of states imposing no income tax.--In the case of an individual who is a resident for more than half of the taxable year of a State which imposes no income tax on income earned within such State by residents of such State and who elects the application of this paragraph, subsection (a) shall be applied-- ``(i) without regard to the reference to State and local income taxes, ``(ii) as if State and local general sales taxes were referred to in a paragraph thereof, and ``(iii) without regard to the last sentence. ``(B) Definition of general sales tax.--The term `general sales tax' means a tax imposed at one rate with respect to the sale at retail of a broad range of classes of items. ``(C) Special rules for food, etc.--In the case of items of food, clothing, medical supplies, and motor vehicles-- ``(i) the fact that the tax does not apply with respect to some or all of such items shall not be taken into account in determining whether the tax applies with respect to a broad range of classes of items, and ``(ii) the fact that the rate of tax applicable with respect to some or all of such items is lower than the general rate of tax shall not be taken into account in determining whether the tax is imposed at one rate. ``(D) Items taxed at different rates.--Except in the case of a lower rate of tax applicable with respect to an item described in subparagraph (C), no deduction shall be allowed under this paragraph for any general sales tax imposed with respect to an item at a rate other than the general rate of tax. ``(E) Compensating use taxes.--A compensating use tax with respect to an item shall be treated as a general sales tax. For purposes of the preceding sentence, the term `compensating use tax' means, with respect to any item, a tax which-- ``(i) is imposed on the use, storage, or consumption of such item, and ``(ii) is complementary to a general sales tax, but only if a deduction is allowable under this paragraph with respect to items sold at retail in the taxing jurisdiction which are similar to such item. ``(F) Special rule for motor vehicles.--In the case of motor vehicles, if the rate of tax exceeds the general rate, such excess shall be disregarded and the general rate shall be treated as the rate of tax. ``(G) Separately stated general sales taxes.--If the amount of any general sales tax is separately stated, then, to the extent that the amount so stated is paid by the consumer (other than in connection with the consumer's trade or business) to the seller, such amount shall be treated as a tax imposed on, and paid by, such consumer. ``(H) Amount of deduction to be determined under tables.-- ``(i) In general.--The amount of the deduction allowed under this paragraph shall be determined under tables prescribed by the Secretary. ``(ii) Requirements for tables.--The tables prescribed under clause (i)-- ``(I) shall reflect the provisions of this paragraph, ``(II) shall be based on the average consumption by taxpayers on a State-by-State basis, as determined by the Secretary, taking into account filing status, number of dependents, adjusted gross income, and rates of State and local general sales taxation, and ``(III) need only be determined with respect to adjusted gross incomes up to the applicable amount (as determined under section 68(b)).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.	Sales Tax Equitability Act of 2003 - Amends the Internal Revenue Code to permit the deduction of State and local sales taxes by residents of States which do not impose income taxes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors Mental Health Access Improvement Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Symptoms of depression are displayed by 37 percent of seniors (individuals ages 65 and over) in the United States. (2) The suicide rate for seniors is higher than such rate for other age groups in the United States. (3) Many Medicare beneficiaries lack access to mental health services because mental health providers do not furnish services in many medically underserved communities in which such beneficiaries inhabit. (4) Marriage and family therapists are the only core mental health professionals recognized by the Department of Health and Human Services but not recognized by the Medicare program for purposes of coverage of services provided by such professionals and reimbursement for such services. Psychiatrists, clinical psychologists, clinical social workers, and psychiatric nurses are recognized Medicare providers. (5) Out of all counties in the United States, nearly 75 percent of such counties do not have psychiatrists, 58 percent of such counties do not have clinical social workers, and 50 percent of such counties do not have psychologists with a professional degree to serve their population. Marriage and family therapists provide critical, cost-effective mental health services for populations that have no other mental health providers. (6) The shortage of mental health providers who participate in the Medicare program is a result of the Medicare program not covering the services of the 50,0000 licensed marriage and family therapists. (7) Many marriage and family therapists work in medically underserved communities. Twenty-five percent of patients are ethnic minorities and in 2006, 27 percent of marriage and family therapy students were ethnic minorities, a percentage that continues to increase annually. (8) There are 25 percent more marriage and family therapists than psychiatrists in rural counties, and in the most rural areas, there are twice as many marriage and family therapists than psychiatrists. (9) Medicare coverage of marriage and family therapy services can increase Medicare beneficiaries' access to mental health care in rural areas. SEC. 3. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES UNDER PART B. (a) Coverage of Services.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (Z), by striking ``and'' at the end; (2) in subparagraph (AA), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(BB) marriage and family therapist services (as defined in subsection (ccc)(1));''. (b) Definition.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end thereof the following new subsection: ``Marriage and Family Therapist Services ``(ccc)(1) The term `marriage and family therapist services' means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least two years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage or family therapists, is licensed or certified as a marriage and family therapist in such State.''. (c) Provision for Payment Under Part B.--Section 1832(a)(2)(B) of such Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services;''. (d) Amount of Payment.--Section 1833(a)(1) of such Act (42 U.S.C. 13951(a)(1)) is amended-- (1) by striking ``and (V)'' and inserting ``(V)''; and (2) by inserting before the semicolon at the end the following: ``, and (W) with respect to marriage and family therapist services under section 1861(s)(2)(BB), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under clause (L)''. (e) Exclusion of Marriage and Family Therapist Services From Skilled Nursing Facility Prospective Payment System.--Section 1888(e)(2)(A)(ii) of such Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services,'' after ``qualified psychologist services,''. (f) Inclusion of Marriage and Family Therapists as Practitioners for Assignment of Claims.--Section 1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A marriage and family therapist (as defined in section 1861(ccc)(2)).''. SEC. 4. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES PROVIDED IN CERTAIN SETTINGS. (a) Rural Health Clinics.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by inserting ``, by a marriage and family therapist (as defined in subsection (ccc)(2)),'' after ``by a clinical psychologist (as defined by the Secretary)''. (b) Hospice Programs.--Section 1861(dd)(2)(B)(i)(III) of such Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``or marriage and family therapist (as defined in subsection (ccc)(2))'' after ``social worker''. SEC. 5. AUTHORIZATION OF MARRIAGE AND FAMILY THERAPISTS TO DEVELOP DISCHARGE PLANS FOR POST-HOSPITAL SERVICES. Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``marriage and family therapist (as defined in subsection (ccc)(2)),'' after ``social worker,''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act apply with respect to services furnished on or after January 1, 2008.	Seniors Mental Health Access Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage under Medicare part B (Supplementary Medical Insurance) of marriage and family therapist services generally, and particularly those provided in rural health clinics and in hospice programs. Amends Medicare part C (Miscellaneous) to exclude such services from the skilled nursing facility prospective payment system. Authorizes marriage and family therapists to develop discharge plans for post-hospital services.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance in Gaining Experience, Independence, and Navigation Act of 2013'' or the ``AGE-IN Act''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part R of title III of the Public Health Service Act (42 U.S.C. 280i et seq.) is amended by inserting after section 399CC the following: ``SEC. 399CC-1. GRANTS FOR RESEARCH, TRAINING, AND NAVIGATOR SERVICES FOR YOUTH AND YOUNG ADULTS. ``(a) Research Grant.-- ``(1) In general.--The Secretary, in consultation with the Coordinating Committee established under section 399CC and the Administrator of the Administration for Community Living, shall award a grant to a research organization to-- ``(A) conduct a comprehensive meta-analysis on the existing empirical, peer-reviewed research on the topic of youth and young adults with an autism spectrum disorder or other developmental disabilities as such individuals age-out of the school-based support system (referred to in this section as `transitioning youth'); ``(B) conduct research on the existing infrastructure for transitioning youth, including access to health care, continuing education and vocational training programs, supportive and community- based integrated housing, accessible transportation services, and public safety and community integration programs (including first responder training); and ``(C) develop a comprehensive strategic plan (in accordance with paragraph (2)) for the establishment of a Transition Navigator grant program to provide transitioning youth with a comprehensive and interdisciplinary set of support services. ``(2) Strategic plan.--The strategic plan developed under paragraph (1)(C) shall include-- ``(A) proposals on establishing best practices guidelines to ensure interdisciplinary coordination between all relevant service providers (including first responders), the transitioning youth, and their family, and in conjunction with the transitioning youth's Individualized Education Plan as prescribed in section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414), to maximize the transitioning youth's self-determination; ``(B) comprehensive approaches to transitioning, including-- ``(i) services to increase access to, and the successful integration and completion of, postsecondary education, peer support, vocational training (as defined in section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723)), self-advocacy skills, and competitive, integrated employment; ``(ii) community-based behavioral supports and interventions; ``(iii) community-based integrated residential services, housing, and transportation; ``(iv) nutrition, health and wellness, recreational, and social activities; and ``(v) personal safety services that consider the specific needs of transitioning youth who are at risk of becoming involved with public safety agencies or the criminal justice system; ``(C) culturally and linguistically competent and sensitive service delivery models; and ``(D) proposals which seek to-- ``(i) increase the effectiveness of such practices to provide successful transition services; ``(ii) increase the ability of the entity to provide supports and services to underserved populations and regions; ``(iii) increase the efficiency of service delivery to maximize resources and outcomes; and ``(iv) ensure access to all services identified as necessary to transitioning youth of all capabilities. ``(3) Grant period.--Grants awarded under this subsection shall be for a period of 2 years. ``(b) Transition Navigator Training Grants.-- ``(1) In general.--The Secretary, in consultation with the Coordinating Committee established under section 399CC and the Administrator of the Administration for Community Living, shall establish a Transition Navigator Grant Program to award multiyear training initiative grants to establish and carry out a collaborative, interdisciplinary training and services initiative, that is based on the data and best practice guidelines developed under subsection (a), to train transition navigators to provide transitioning youth with the services and skills necessary to lead an independent, integrated life. ``(2) Eligibility.--To be eligible for a grant under this subsection, an entity shall-- ``(A) be a University Center for Excellence in Developmental Disabilities Education, Research and Service or a comparable interdisciplinary entity capable of fulfilling the scope of activities described in section 153 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15063); and ``(B) prepare and submit an application to the Secretary in accordance with paragraph (3). ``(3) Application.--To be eligible to receive a grant under this subsection, an entity shall submit to the Secretary an application demonstrating the capacity to successfully train an interdisciplinary group of service providers on the best practice guidelines contained in strategic plan under subsection (a). The application shall include additional information, including-- ``(A) the number of trainees, students, or providers expected to be trained under the grant, and in what timeframe; ``(B) the interdisciplinary scope of faculty, staff, mentors, and community-based trainers affiliated with the applicant; ``(C) the ability to provide training services to a culturally diverse set of students and in a culturally competent, culturally sensitive manner; and ``(D) the ability to train providers in underserved areas and to serve underserved populations. ``(4) Grant period and annual evaluation.-- ``(A) Grant period.--Navigator training grants awarded under this subsection shall be for a period of 3 years. The Secretary may renew a grant for an additional 3-year period based on the results of the evaluations submitted under subparagraph (B). ``(B) Annual evaluation.--A grantee under this subsection shall submit to the Secretary an evaluation of progress made during each grant year in achieving the purposes for which the grant was awarded. Such evaluation shall include an analysis of-- ``(i) any performance metrics required by the Secretary; ``(ii) the grantees recruitment of students into the program; and ``(iii) the recruits' cultural diversity and the interdisciplinary nature of their interests or background. ``(5) Longitudinal evaluation.-- ``(A) In general.--The Secretary shall enter into a contract with a third-party organization with expertise in program evaluation for the conduct of an evaluation of the success of grantees under this subsection in meeting the goals of the strategic plan submitted under subsection (a)(2) and their grant application. ``(B) Procedure.--A third-party organization that enters into a contract under subparagraph (A) shall monitor grantees under this subsection and report back to the Secretary with a longitudinal analysis of the effectiveness of the program carried out by the grantee. Such analysis shall include an examination of-- ``(i) whether and to what extent the training regime sufficiently met the goals of the strategic plan under subsection (a)(2); ``(ii) whether and to what extent graduates of the training program are successfully working to provide services to transitional youth in an effective, comprehensive, and appropriate manner; and ``(iii) the long-term efficacy of the program and the strategic plan on increasing and sustaining transitional youth's-- ``(I) enrollment in, and completion of, postsecondary education or vocational training programs; ``(II) participation in integrated, competitive employment; ``(III) continued access to peer support; ``(IV) continued access to, and benefitting from, community-based behavioral supports and interventions; ``(V) consistent access to community-based integrated residential services, housing, and transportation; and ``(VI) continued access to nutrition, health and wellness, recreational, and social activities. ``(6) Supplement.--Activities carried out under a grant under this subsection shall supplement, not supplant, existing programs and activities designed to provide interdisciplinary training to services providers aimed at serving transitional youth. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2014 through 2021.''.	Assistance in Gaining Experience, Independence, and Navigation Act of 2013 or the AGE-IN Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to make a grant to a research organization to: (1) conduct a comprehensive analysis of research on the topic of youth and young adults with an autism spectrum disorder or other developmental disability as such individuals age out of the school-based support system (transitioning youth), (2) conduct research on the existing infrastructure for transitioning youth, and (3) develop a comprehensive strategic plan for the establishment of a Transition Navigator grant program to provide transitioning youth with a comprehensive and interdisciplinary set of support services. Directs the Secretary to establish a Transition Navigator Grant Program to award multiyear grants to establish and carry out a collaborative, interdisciplinary training and services initiative to train transition navigators to provide transitioning youth with the services and skills necessary to lead an independent, integrated life. Provides procedures for evaluation of grantee success in meeting the goal of the strategic plan submitted under this Act.
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, serving, and storage equipment. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency operating a school lunch program; (B) a tribal organization; or (C) a consortium that includes a local educational agency described in subparagraph (A), a tribal organization, or both. (3) Infrastructure.--The term ``infrastructure'' means a food storage facility, kitchen, food service facility, cafeteria, dining room, or food preparation facility. (4) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) School lunch program.--The term ``school lunch program'' means the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (6) Tribal organization.--The term ``tribal organization'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (7) 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 PROGRAMS. (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, compared with other eligible entities seeking a loan guarantee under this section, the Secretary determines demonstrates substantial or disproportionate need for-- (1) infrastructure improvement; 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. EQUIPMENT GRANT PROGRAM. Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i), the following: ``(j) Equipment Grants.-- ``(1) In general.--Beginning fiscal year 2015 and subject to the availability of appropriations, the Secretary shall make grants, on a competitive basis, to eligible entities to assist such entities in purchasing the durable equipment and infrastructure needed to serve healthier meals and improve food safety. ``(2) Priority.--In awarding grants under this subsection, the Secretary shall give priority to eligible entities serving a high percentage of students eligible for free or reduced price under the Richard B. Russell National School Lunch Act. ``(3) Definitions.--For purposes of this subsection: ``(A) Durable equipment.--The term `durable equipment' means durable food preparation, handling, cooking, serving, and storage equipment. ``(B) Eligible entity.--The term `eligible entity' means-- ``(i) a local educational agency operating a school lunch program; ``(ii) a tribal organization; or ``(iii) a consortium that includes a local educational agency described in clause (i), a tribal organization, or both. ``(C) Infrastructure.--The term `infrastructure' means a food storage facility, kitchen, food service facility, cafeteria, dining room, or food preparation facility.''. SEC. 5. 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 administration and operation of 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. SEC. 6. 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. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal year 2014 and each succeeding fiscal year.	School Food Modernization Act - Directs the Secretary of Agriculture (USDA) to issue loan guarantees to local educational agencies (LEAs) participating in the school lunch program, 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. Requires the Secretary to give a preference to applicants that, compared with other applicants, demonstrate a substantial or disproportionate need for food service infrastructure or durable equipment. Prohibits a loan guarantee from covering more than 90% of a loan's principal. Amends the Child Nutrition Act of 1966 to direct the Secretary to award competitive grants to assist LEAs participating in the school lunch program, tribal organizations, or consortia of such entities in purchasing the durable equipment and infrastructure they need to serve healthier meals and improve food safety. Gives grant priority to applicants that serve a high percentage of students eligible for free or reduced price meals under the school lunch program. 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.
SECTION 1. SHORT TITLE. This Act may be cited as the ``New Workers for Economic Growth Act''. TITLE I--H-1B NONIMMIGRANT WORKERS SEC. 101. AUTHORIZED ADMISSIONS OF H-1B WORKERS. (a) Annual Limitations.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A), is amended by striking clauses (iii) through (v) and inserting the following: ``(iii) with respect to all such aliens other than aliens described in paragraph (5)-- ``(I) 200,000 for each of the fiscal years 2000, 2001, and 2002; and ``(II) 65,000 for each succeeding fiscal year.''. (b) Exemption From Annual Limitation.--Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)), is amended by adding at the end the following new paragraph: ``(5) The numerical limitations contained in paragraph (1)(A)(iii) shall not apply to any nonimmigrant alien admitted under section 101(a)(15(H)(i)(b) who-- ``(A) has attained a master's degree or higher degree (or its equivalent) in a specialty related to the intended employment and receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or ``(B) has attained a bachelor's degree or higher degree (or its equivalent) and is employed (or has received an offer of employment) at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).''. (c) Exemption From Attestation Requirements.--Section 212(n)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(3)(B)) is amended by adding the following: ``(III) has attained a bachelor's degree or higher degree (or its equivalent) and is employed (or has received an offer of employment) at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).''. TITLE II--ELIMINATION OF EARNINGS PENALTY ON SENIOR CITIZENS SEC. 201. ELIMINATION OF EARNINGS PENALTY ON SENIOR CITIZENS WHO CONTINUE TO WORK AFTER REACHING RETIREMENT AGE. (a) In General.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (c)(1), by striking ``the age of seventy'' and inserting ``retirement age (as defined in section 216(l))''; (2) in paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; (3) in subsection (f)(1)(B), by striking ``was age seventy or over'' and inserting ``was at or above retirement age (as defined in section 216(l))''; (4) in subsection (f)(3)-- (A) by striking ``33\1/3\ percent'' and all that follows through ``any other individual,'' and inserting ``50 percent of such individual's earnings for such year in excess of the product of the exempt amount as determined under paragraph (8),''; and (B) by striking ``age 70'' and inserting ``retirement age (as defined in section 216(l))''; (5) in subsection (h)(1)(A), by striking ``age 70'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; and (6) in subsection (j)-- (A) in the heading, by striking ``Age Seventy'' and inserting ``Retirement Age''; and (B) by striking ``seventy years of age'' and inserting ``having attained retirement age (as defined in section 216(l))''. (b) Conforming Amendments Eliminating the Special Exempt Amount for Individuals Who Have Attained Retirement Age.-- (1) Uniform exempt amount.--Section 203(f)(8)(A) of the Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting ``a new exempt amount which shall be applicable''. (2) Conforming amendments.--Section 203(f)(8)(B) of such Act (42 U.S.C. 403(f)(8)(B)) is amended-- (A) in the matter preceding clause (i), by striking ``Except'' and all that follows through ``whichever'' and inserting ``The exempt amount which is applicable for each month of a particular taxable year shall be whichever''; (B) in clauses (i) and (ii), by striking ``corresponding'' each place it appears; and (C) in the last sentence, by striking ``an exempt amount'' and inserting ``the exempt amount''. (3) Repeal of basis for computation of special exempt amount.--Section 203(f)(8)(D) of such Act (42 U.S.C. 403(f)(8)(D)) is repealed. (c) Additional Conforming Amendments.-- (1) Elimination of redundant references to retirement age.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (A) in subsection (c), in the last sentence, by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; and (B) in subsection (f)(1), by striking subparagraph (D) and inserting the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60,''. (2) Conforming amendment to provisions for determining amount of increase on account of delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended-- (A) by striking ``either''; and (B) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. (3) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals.--The second sentence of section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enacted'' and inserting the following: ``if the amendments to section 203 made by section 102 of the Senior Citizens' Right to Work Act of 1996 and by the ________________ Act of 1999 had not been enacted''. (d) Effective Date.--The amendments and repeals made by this section shall apply with respect to taxable years beginning after December 31, 1999.	Title II: Elimination of Earnings Penalty on Senior Citizens - Amends the Social Security Act to eliminate the reduction in social security benefits for individuals under 70 years old whose earnings exceed specified annual limits.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Poverty Measurement Improvement Act''. SEC. 2. IMPROVING THE MEASUREMENT OF POVERTY IN THE UNITED STATES. (a) Definitions.--In this section: (1) Federal means-tested benefit.--The term ``Federal means-tested benefit'' means a benefit, refundable tax credit, or other form of assistance provided under any of the following programs: (A) Cash and general programs.-- (i) Supplemental Security Income. (ii) Earned Income Tax Credit (refundable portion). (iii) Additional Child Tax Credit. (iv) Temporary Assistance to Needy Families. (v) Title IV-E Foster Care. (vi) Title IV-E Adoption Assistance. (vii) Social Security Disability Insurance. (B) Medical.-- (i) Medicaid. (ii) State Children's Health Insurance Program. (iii) Refundable Premiums and Out of Pocket Subsidies under the Patient Protection and Affordable Health Care Act (PPACA). (C) Food.-- (i) Supplemental Nutrition Assistance Food Program (Agriculture). (ii) Women, Infant and Children (WIC) Food Program (Agriculture). (iii) School Breakfast (Agriculture). (D) Housing.-- (i) Section 8 Housing (HUD). (ii) Public Housing (HUD). (iii) Home Investment Partnership Program (HUD). (iv) Rural Housing Insurance Fund (Agriculture). (v) Rural Housing Service (Agriculture). (2) Household.--The term ``household'' means a householder and one or more people related to the householder by birth, marriage, or adoption. (3) Total family income.--The term ``total family income'' means, with respect to a household, an amount equal to-- (A) the sum of-- (i) all money income (as defined by the Bureau of the Census) earned by the members of the household; and (ii) the amount, or cash equivalent, of all Federal means-tested benefits received by the members of the household; minus (B) State and Federal income and payroll taxes attributable to the members of the household. (4) Income tax data.--The term ``income tax data'' means return information disclosed to the Bureau of the Census under section 6103(j)(1)(A) of the Internal Revenue Code of 1986. (5) Administering agency.--The term ``administering agency'' means a State or Federal agency responsible for administering a Federal means-tested benefit, and includes the following agencies: (A) The Social Security Administration. (B) The Department of the Treasury. (C) The Department of Health and Human Services. (D) The Department of Housing and Urban Development. (E) The Department of Agriculture. (F) The Department of Justice. (6) Personally identifiable information.--The term ``personally identifiable information'' means any information that identifies an individual or could reasonably be used to identify an individual that is-- (A) collected pursuant to a survey conducted by the Bureau of the Census; or (B) disclosed to the Bureau of the Census by an administering agency for the purpose of carrying out subsection (b). (7) Director.--The term ``Director'' means the Director of the Bureau of the Census. (b) New Poverty Measurement Linking Survey, Administrative, and Income Data.-- (1) In general.--Each fiscal year during the period that begins with fiscal year 2019 and ends with fiscal year 2028, in order to more accurately determine the extent of poverty in the United States and the anti-poverty effectiveness of means- tested benefit and tax programs, the Director shall conduct a new survey of income and poverty in the United States, and shall supplement and verify the information obtained pursuant to such survey using the following: (A) Data from the most recent available Current Population Survey. (B) Data furnished by administering agencies. (C) Income tax data. (2) Data related to formerly incarcerated individuals.--The Director-- (A) shall include, as part of the survey conducted under paragraph (1), questions related to whether an individual has previously been incarcerated or is on probation; and (B) shall collect data from the appropriate administering agencies with respect to the income of, and Federal means-tested benefits received by, individuals who have previously been incarcerated, or are on probation. (3) Administering agency data.-- (A) In general.--The head of each administering agency shall make available to the Director such data (including income tax data) as the Director shall require for the purpose of carrying out this subsection. (B) Payment of expenses.--The Director shall pay for the data described in subparagraphs (B) and (C) of paragraph (1) in such amount, if any (not exceeding the cost of furnishing the data), as may be determined by the head of the applicable agency that furnishes the data. (4) Publication of survey data.-- (A) Survey methods and responses.--The Director of the Bureau of the Census shall publish the methods used to carry out the survey required under paragraph (1), the number of households surveyed, the rate of responses, and the extent of survey completion. (B) Rates and other data.-- (i) In general.--The Director of the Bureau of the Census shall produce tables and graphs showing for each year the poverty rates and related data calculated using the survey responses and other data collected under paragraph (1), including-- (I) the total family income for survey respondents; (II) a breakdown of the amount of income taxes and payroll taxes paid by survey respondents; and (III) for 2018 and subsequent years, poverty rates calculated using updated poverty thresholds as described in clause (ii). (ii) Updated poverty thresholds.--For 2019 and subsequent years, the Director shall adjust the poverty thresholds used for determining poverty rates by using the personal consumer expenditure price index (as published by the Bureau of Economic Analysis). (C) Creation of a public database.--The Director shall create a database, available at the Director's discretion to researchers who meet the security requirements described in subsection (c)(4), that contains-- (i) data from the survey required under paragraph (1); and (ii) data described in subparagraphs (A) and (B) of paragraph (1). (D) No publication of personally identifiable information.--The Director shall ensure that no personally identifiable information is included in any publication of survey information or other data collected under this section, including the database created pursuant to subparagraph (C). (c) Protection and Disclosure of Personally Identifiable Information.-- (1) In general.--The security, disclosure, and confidentiality provisions set forth in this Act and sections 9 and 23 of title 13, United States Code, shall apply to personally identifiable information obtained by the Bureau of the Census pursuant to this Act. (2) Assignment of record identification keys.--All personally identifiable information shall be removed from individual records, which shall be given record identification keys for purposes of identification. (3) Staff access to personally identifiable information.-- An officer or employee of the Bureau of the Census or a representative from an administering agency may access personally identifiable information if such officer, employee, or representative has the special sworn status requirements implemented by the Bureau of the Census under section 9 and section 23 of title 13, United States Code. (4) Public access to personally identifiable information.-- The Director may disclose personally identifiable information to an individual who has special sworn status as implemented by the Bureau of the Census under section 9 and section 23 of title 12, United States Code. (5) Penalties.--Any individual who knowingly accesses or discloses personally identifiable information in violation of this section shall be guilty of a felony and upon conviction thereof shall be fined in an amount of not more than $300,000 under title 18, United States Code, or imprisoned for not more than five years, or both. (6) Inadmissibility of survey data.--Data contained in a response to a survey conducted pursuant to subsection (b)(1) shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity. (d) State Reporting of Federal Means-Tested Data.--Beginning with the first full calendar year that begins after the date of enactment of this Act, with respect to any Federal means-tested benefit that is administered at the State level by a State administering agency, such State administering agency shall submit each year to the Federal administering agency responsible for administering the benefit at the Federal level a report that identifies each household that received such benefits during such year by the Social Security number of the head of the household and the amount, or cash equivalent, of such benefit received by such household. (e) Comparison of Individual Survey Data to Consumer Expenditure Survey.--Beginning with the first full calendar year that begins after the date of enactment of this Act and each year thereafter, the Bureau of the Census shall, in coordination with the Bureau of Labor Statistics, provide summary statistics comparing the income levels (constructed using all available administrative, income, and Current Population Survey data) of respondents to the Consumer Expenditure Survey conducted by the Bureau of Labor Statistics to the consumption habits of such respondents. (f) Sense of Congress Relating to Using Existing Funds.--It is the sense of Congress that no additional funds should be made available to carry out this section.	Poverty Measurement Improvement Act This bill requires the Bureau of the Census, for each of FY2019-FY2028, to conduct a new survey of income and poverty in the United States and to supplement and verify the information obtained using data from the most recent available Current Population Survey (CPS), data furnished by state and federal agencies that administer such benefits, and income-tax data. The Census Bureau shall include in the survey questions related to whether an individual has previously been incarcerated or is on probation. In addition, the Census Bureau shall: (1) collect data from the appropriate administering agencies regarding the income of, and federal means-tested benefits received by, individuals who have previously been incarcerated or are on probation; (2) produce tables and graphs showing for each year the poverty rates and related data calculated using the survey responses and other information collected; and (3) create a database that contains data from the survey, data from the most recent available CPS, and data furnished by administering agencies.  State agencies that administer federal means-tested benefits shall report annually on the benefits received by each household. The Census Bureau must annually provide specified summary statistics comparing income levels to consumption habits.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Credits for Jobs Now Act of 2010''. SEC. 2. CREDIT FOR INCREASING EMPLOYMENT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36A the following new section: ``SEC. 36B. CREDIT FOR INCREASING EMPLOYMENT. ``(a) In General.--There shall be allowed as a credit against the tax imposed by this subtitle-- ``(1) for any taxable year beginning in 2010, an amount equal to 60 percent of the excess of-- ``(A) the aggregate wages paid during 2010, over ``(B) the aggregate wages paid during 2009, and ``(2) for any taxable year beginning in 2011, an amount equal to 40 percent of the excess of-- ``(A) the aggregate wages paid during 2011, over ``(B) the aggregate inflation-adjusted wages paid during 2010. ``(b) Higher Credit for Increased Employment in States With High Unemployment.-- ``(1) In general.--The amount of credit allowable by subsection (a) (without regard to this subsection) shall be increased by-- ``(A) 30 percent of the increased high unemployment State wages for any taxable year beginning in 2010, and ``(B) 20 percent of such wages for any taxable year beginning in 2011. ``(2) Definitions.--For purposes of this subsection-- ``(A) Increased high unemployment state wages.--The term `increased high unemployment State wages' means, with respect to each high unemployment State, the excess which would be determined under subsection (a) for the taxable year (after the application of subsections (e) and (f)) if only wages paid to qualified employees with respect to such State were taken into account. ``(B) Qualified employee.--The term `qualified employee' means, with respect to any State, any employee of an employer if-- ``(i) substantially all of the services performed during the taxable year by such employee for such employer are performed within such State in a trade or business of the employer, and ``(ii) the principal place of abode of such employee while performing such services is within such State. Rules similar to the rules of paragraphs (2) and (3) of section 1396(d) shall apply for purposes of this subparagraph. ``(C) High unemployment state.--The term `high unemployment State' means any State having an unemployment rate (using the most recent available data) as of the beginning of the taxable year for which the credit is being determined of at least 8.5 percent. ``(3) Maximum wages taken into account.--The aggregate increased high unemployment State wages which may be taken into account with respect to all high unemployment States for any taxable year shall not exceed the excess determined under subsection (a) for such year. ``(c) Maximum Credit.--The amount of the credit allowable under this section for any employer with respect to any calendar year shall not exceed $500,000. ``(d) Special Rules for Employers Which Are Exempt From Income Tax or Which Have Insufficient Income Tax Liability.-- ``(1) In general.--In the case of an employer to which this subsection applies for any payroll period, the payroll taxes otherwise required to be paid to the Secretary with respect to such payroll period shall be reduced (but not below zero) by such period's proportionate share of the employer's estimated credit under subsection (a) for the taxable year which includes such period. ``(2) Employers who which subsection applies.--This subsection shall apply to-- ``(A) any employer which is exempt from tax under section 501(a), and ``(B) any employer which estimates that the tax imposed by this subtitle for the taxable year will not exceed the credit allowable under subsection (a) for such year. ``(3) Payroll taxes.--For purposes of this subsection, the term `payroll taxes' means-- ``(A) amounts required to be deducted and withheld for the payroll period under section 3401 (relating to wage withholding), ``(B) amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and ``(C) amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes). ``(4) Amounts treated as paid to secretary.--The amount of the reduction under paragraph (1) shall be treated as paid to the Secretary on the day such amount would be required to be so paid without regard to this subsection. ``(5) Reconciliation.-- ``(A) In general.--If there is a reduction under this subsection for 1 or more payroll periods ending during a taxable year, then the tax imposed by this chapter for such taxable year shall be increased by the aggregate amount of such reductions. ``(B) Reconciliation.--Any increase in tax under subparagraph (A) shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit (other than the credit under subsection (a)) allowable under this part. ``(e) Minimum Preceding Year Wages.--For purposes of subsection (a)-- ``(1) the amount taken into account under paragraph (1)(B) thereof shall not be less than 50 percent of the amount described in paragraph (1)(A) thereof, and ``(2) the amount taken into account under paragraph (2)(B) thereof shall not be less than 50 percent of the amount described in paragraph (2)(A) thereof. ``(f) Total Wages Must Increase.--The amount of credit allowed under this section for any taxable year shall not exceed the amount which would be so allowed for such year (without regard to subsection (e)) if-- ``(1) the aggregate amounts taken into account as wages were determined without any dollar limitation, and ``(2) 103 percent of the amount of wages otherwise required to be taken into account under subsection (a)(1)(B) or subsection (a)(2)(B), as the case may be, were taken into account. ``(g) Wages; Inflation-Adjusted Wages.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the term `wages' has the meaning given to such term by section 3306(b). ``(2) Railway and agricultural labor.--Rules similar to the rules of section 51(h) shall apply for purposes of this section. ``(3) Inflation-adjusted wages.--The term `inflation- adjusted wages' means the aggregate wages paid during 2010 increased by an amount equal to-- ``(A) such aggregate wages, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for 2010, determined by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded in such manner as the Secretary shall prescribe. ``(h) Special Rules.-- ``(1) Adjustments for certain acquisitions, etc.-- ``(A) Acquisitions.--If, after December 31, 2008, an employer acquires the major portion of a trade or business of another person (hereinafter in this subparagraph referred to as the `predecessor') or the major portion of a separate unit of a trade or business of a predecessor, then, for purposes of applying this section for any calendar year ending after such acquisition, the amount of wages deemed paid by the employer during periods before such acquisition shall be increased by so much of such wages paid by the predecessor with respect to the acquired trade or business as is attributable to the portion of such trade or business acquired by the employer. ``(B) Dispositions.--If, after December 31, 2008-- ``(i) an employer disposes of the major portion of any trade or business of the employer or the major portion of a separate unit of a trade or business of the employer in a transaction to which subparagraph (A) applies, and ``(ii) the employer furnishes the acquiring person such information as is necessary for the application of subparagraph (A), then, for purposes of applying this section for any calendar year ending after such disposition, the amount of wages deemed paid by the employer during periods before such disposition shall be decreased by so much of such wages as is attributable to such trade or business or separate unit. ``(2) Change in status from self-employed to employee.-- If-- ``(A) during 2009 or 2010 an individual has net earnings from self-employment (as defined in section 1402(a)) which are attributable a trade or business, and ``(B) for any portion of the succeeding calendar year such individual is an employee of such trade or business, then, for purposes of determining the credit allowable for a taxable year beginning in such succeeding calendar year, the employer's aggregate wages for 2009 or 2010, as the case may be, shall be increased by an amount equal to so much of the net earnings referred to in subparagraph (A) as does not exceed the median household income in the United States for 2009 or 2010, as the case may be. ``(3) Certain other rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 51(f) (relating to remuneration must be for trade or business employment). ``(B) Section 51(1)(1) (relating to related individuals ineligible). ``(C) Section 51(k) (relating to treatment of successor employers; treatment of employees performing services for other persons). ``(D) Section 52 (relating to special rules). ``(4) Short taxable years.--If the employer has more than 1 taxable year beginning in 2010 or 2011, the credit under this section shall be determined for the employer's last taxable year beginning in 2010 or 2011, as the case may be. ``(i) Tax-Exempt Employers Treated as Taxpayers.--Solely for purposes of this section and section 6402, employers exempt from tax under section 501(a) shall be treated as taxpayers.''. (b) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``36B(a),'' before ``45A(a)''. (c) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36B,'' after ``36A,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36A the following new item: ``Sec. 36B. Credit for increasing employment.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009.	Tax Credits for Jobs Now Act of 2010 - Amends the Internal Revenue Code allow employers a refundable tax credit for increasing aggregate employee wages paid in 2010 over those paid in 2009, and for increasing aggregate employee wages paid in 2011 over those paid in 2010. Increases the rate of such credit for increasing wage payments in high unemployment states (states with an unemployment rage of at least 8.5%). Limits the annual amount of such credit to $500,000.