Datasets:

lighteval

/

legal_summarization

like 22

Follow

Evaluation datasets 45

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Card Fair Fee Act of 2008''. SEC. 2. LIMITED ANTITRUST IMMUNITY FOR THE NEGOTIATION AND DETERMINATION OF RATES AND TERMS FOR ACCESS TO COVERED ELECTRONIC PAYMENT SYSTEMS. (a) Definitions.--For purposes of this Act: (1) ``Access agreement'' means an agreement giving a merchant permission to access a covered electronic payment system to accept credit cards and/or debit cards from consumers for payment for goods and services as well as to receive payment for such goods and services, conditioned solely upon the merchant complying with the rates and terms specified in the agreement. (2) ``Acquirer'' means a financial institution that provides services allowing merchants to access an electronic payment system to accept credit cards and/or debit cards for payment, but does not include independent third party processors that may act as the acquirer's agent in processing general-purpose credit or debit card transactions. (3) ``Antitrust Division'' means the Antitrust Division of the U.S. Department of Justice. (4) ``Antitrust laws'' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition as well as any similar State law. (5) ``Credit card'' means any general-purpose card or other device issued or approved for use by a financial institution allowing the cardholder to obtain goods or services on credit on terms specified by that financial institution. (6) ``Covered electronic payment system'' means an electronic payment system that has been used for at least 20 percent of the combined dollar value of U.S. credit card, signature-based debit card, and PIN-based debit card payments processed in the applicable calendar year immediately preceding the year in which the conduct in question occurs. (7) ``Debit card'' means any general-purpose card or other device issued or approved for use by a financial institution for use in debiting a cardholder's account for the purpose of that cardholder obtaining goods or services, whether authorization is signature-based or PIN-based. (8) ``Electronic payment system'' means the proprietary services and infrastructure that route information and data to facilitate transaction authorization, clearance, and settlement that merchants must access in order to accept a specific brand of general-purpose credit cards and/or debit cards as payment for goods and services. (9) ``Financial institution'' has the same meaning as in section 603(t) of the Fair Credit Reporting Act. (10) ``Issuer'' means a financial institution that issues credit cards and/or debit cards or approves the use of other devices for use in an electronic payment system, but does not include independent third party processors that may act as the issuer's agent in processing general-purpose credit card or debit card transactions. (11) ``Market power'' means the ability profitably to raise prices above those that would be charged in a perfectly competitive market. (12) ``Merchant'' means any person who accepts credit cards and/or debit cards in payment for goods or services that they provide. (13) ``Negotiating party'' means 1 or more providers of a covered electronic payment system or 1 or more merchants who have access to or who are seeking access to that covered electronic payment system, as the case may be, and who are in the process of negotiating or who have executed a voluntarily negotiated access agreement that is still in effect. (14) ``Person'' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)). (15) ``Provider'' means any person who owns, operates, controls, serves as an issuer for, or serves as an acquirer for a covered electronic payment system. (16) ``State'' has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)). (17) ``Terms'' means all rules applicable either to providers of a single covered electronic payment system or to merchants, and that are required in order to provide or access that covered electronic payment system for processing credit card and/or debit card transactions. (18) ``Voluntarily negotiated access agreement'' means an executed agreement voluntarily negotiated between 1 or more providers of a single covered electronic payment system and 1 or more merchants that sets the rates and terms pursuant to which the 1 or more merchants can access that covered electronic payment system to accept credit cards and/or debit cards from consumers for payment of goods and services, and receive payment for such goods and services. (b) Limited Antitrust Immunity for Negotiation of Access Rates and Terms to Covered Electronic Payment Systems.--(1) Except as provided in paragraph (2) and notwithstanding any provision of the antitrust laws, in negotiating access rates and terms any providers of a single covered electronic payment system and any merchants may jointly negotiate and agree upon the rates and terms for access to the covered electronic payment system, including through the use of common agents that represent either providers of a single covered electronic payment system or merchants on a non-exclusive basis. Any providers of a single covered electronic payment system also may jointly determine the proportionate division among themselves of paid access fees. (2) Notwithstanding any other provision of this Act, the immunity otherwise applicable under paragraph (1) shall not apply to a provider of a single covered electronic payment system, or to a merchant, during any period in which such provider, or such merchant, is engaged in any unlawful boycott. (c) Nondiscrimination.--For any given covered electronic payment system, the rates and terms of a voluntarily negotiated access agreement reached under the authority of this section shall be the same for all merchants, regardless of merchant category or volume of transactions (either in number or dollar value) generated. For any given covered electronic payment system, the rates and terms of a voluntarily negotiated access agreement reached under the authority of this section shall be the same for all participating providers, regardless of provider category or volume of transactions (either in number or dollar value) generated. (d) Facilitation of Negotiation.-- (1) Schedule.--Within one month following enactment of this Act, the negotiating parties shall file with the Antitrust Division a schedule for negotiations. If the negotiating parties do not file such a schedule within one month from the date of enactment, the Antitrust Division shall issue such a schedule and inform the negotiating parties of the schedule. In either case, the Antitrust Division shall make the schedule available to all negotiating parties. (2) Initial disclosure.--Within one month following enactment of this Act, the persons described in this subsection shall make the initial disclosures described in paragraphs (3), (4), and (5) to facilitate negotiations under the limited antitrust immunity provided for by this section. (3) Issuers, acquirers, and owners.--Any person who is 1 of the 10 largest issuers for a covered electronic payment system in terms of number of cards issued, any person who is 1 of the 10 largest acquirers for a covered electronic payment system in terms of number of merchants served, and any person who operates or controls a covered electronic payment system shall produce to the Antitrust Division and to all negotiating parties-- (A) an itemized list of the costs necessary to provide the covered electronic payment system that were incurred by the person during the most recent full calendar year before the initiation of the negotiation; and (B) any access agreement between that person and 1 or more merchants with regard to that covered electronic payment system. (4) Merchants.--Any person who is 1 of the 10 largest merchants using the covered electronic payment system, determined based on dollar amount of transactions made with the covered electronic payment system, shall produce to the Antitrust Division and to all negotiating parties-- (A) an itemized list of the costs necessary to access an electronic payment system during the most recent full calendar year prior to the initiation of the proceeding; and (B) any access agreement between that person and 1 or more providers with regard to that covered electronic payment system. (5) Disagreement.--Any disagreement regarding whether a person is required to make an initial disclosure under this clause, or the contents of such a disclosure, shall be resolved by the Antitrust Division. (6) Attendance of antitrust division.--A representative of the Antitrust Division shall attend all negotiation sessions conducted under the authority of this section. (e) Transparency of Voluntarily Negotiated Access Agreements.-- (1) Voluntarily negotiated access agreements between negotiating parties.--A voluntarily negotiated access agreement may be executed at any time between 1 or more providers of a covered electronic payment system and 1 or more merchants. (2) Filing agreements with the antitrust division.--The negotiating parties shall jointly file with the Antitrust Division a clear intelligible copy of-- (A) any voluntarily negotiated access agreement that affects any market in the United States or elsewhere; (B) the various components of the interchange fee; (C) a description of how access fees that merchants pay are allocated among financial institutions and how they are spent; (D) whether a variation in fees exists among card types; (E) any documentation relating to a voluntarily negotiated access agreement evidencing any consideration being given or any marketing or promotional agreements between the negotiating parties; (F) a comparison of interchange rates in current use in the 10 foreign countries having the highest volume of credit card transactions with the interchange rates charged in the United States under such agreement; and (G) any amendments to that voluntarily negotiated access agreement or documentation. (3) Timing and availability of filings.--The negotiating parties to any voluntarily negotiated access agreement executed after the date of enactment of this Act shall jointly file the voluntarily negotiated access agreement, and any documentation or amendments described in paragraph (2), with the Antitrust Division not later than 30 days after the date of execution of the voluntarily negotiated access agreement or amendment or after the creation of the documentation. The Antitrust Division shall make publicly available any voluntarily negotiated access agreement, amendment, or accompanying documentation filed under this paragraph. (f) Report to Congress by the Antitrust Division.--Within seven months after the date of enactment of this Act, the Antitrust Division shall transmit to the House Committee on the Judiciary and the Senate Committee on the Judiciary a report on the negotiations conducted under the authority of this section during the first six months after the date of enactment and, if a voluntarily negotiated agreement is reached, whether such access rates and terms will have an adverse effect on competition and how such rates compare with access rates and terms in current use in other countries. Such report shall contain a chronology of the negotiations, an assessment of whether the parties have negotiated in good faith, an assessment of the quality of the data provided by the parties in their initial disclosures, a description of any voluntarily negotiated agreements reached during the negotiations, and any recommendations of the Antitrust Division concerning how Congress should respond to the conduct of the negotiations. (g) Effect on Pending Lawsuits.--Nothing in this section shall affect liability in any action pending on the date of enactment of this section. SEC. 3. OPT-OUT. Nothing in this Act shall limit the ability of acquirers or issuers that are regulated by the National Credit Union Administration or that, together with affiliates, have assets of less than $1,000,000,000, to opt out of negotiations under this Act. SEC. 4. CARDHOLDER SAVINGS. Any agreements reached pursuant to the authority provided in section 2 shall provide that-- (1) when any fees that a merchant is charged for access to a covered electronic payment system are reduced pursuant to any such agreement, the merchant shall pass the benefits of any such reduction in fees on to its customers or employees; and (2) when any fees that a financial institution collects for access to a covered electronic payment system are increased pursuant to any such agreement, the financial institution shall pass the benefits of any such increase in fees on to its customers or employees. SEC. 5. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.

Credit Card Fair Fee Act of 2008 - (Sec. 2) Sets forth a limited antitrust immunity to providers of covered electronic payment systems and merchants for negotiation of access rates and terms. Authorizes providers of a single covered electronic payment system (e.g. Visa or Mastercharge credit cards) and merchants to jointly negotiate and agree upon rates and terms for access to such system. Authorizes such providers to jointly determine the proportionate division among themselves of paid access fees. Denies such immunity during any period in which such a provider or merchant is engaged in any unlawful boycott. Requires the rates and terms of a voluntarily negotiated access agreement to be the same for all merchants and participating providers, regardless of their respective category or volume of transactions. Requires the negotiating parties to file with the Antitrust Division of the Department of Justice a schedule for negotiations within one month following enactment of this Act. Directs the Antitrust Division to issue such a schedule, and inform the negotiating parties, if they fail to file a schedule before the deadline. Requires issuers, acquirers, owners, and merchants to make specified disclosures regarding itemized costs and access agreements. Requires a representative of the Antitrust Division to attend all negotiation sessions conducted under the authority of this Act. Requires the negotiating parties to file jointly with the Antitrust Division any voluntarily negotiated access agreement that affects any market in the United States or elsewhere, including the various components of the interchange fee, and a description of how access fees that merchants pay are allocated among financial institutions and how they are spent. Directs the Antitrust Division to report to certain congressional committees on: (1) the negotiations conducted under this Act during the first six months after its enactment; and (2) if a voluntarily negotiated agreement is reached, whether such access rates and terms will have an adverse effect on competition, and how such rates compare with access rates and terms in current use in other countries. (Sec. 3) Declares that nothing in this Act shall limit the ability of acquirers or issuers that are regulated by the National Credit Union Administration or that, together with affiliates, have assets of less than $1 billion, to opt out of negotiations under this Act. (Sec. 4) Requires agreements reached pursuant to the limited antitrust immunity under this Act to provide that: (1) when any fees that a merchant is charged for access to a covered electronic payment system are reduced, the merchant shall pass the benefits on to customers or employees; and (2) when any fees that a financial institution collects for access to a covered electronic payment system are increased, the institution shall pass those benefits on to its customers or employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Indian Land Transfer Act''. SEC. 2. LANDS HELD IN TRUST FOR VARIOUS TRIBES OF CALIFORNIA INDIANS. (a) In General.--Subject to valid existing rights, all right, title, and interest of the United States in and to the lands, including improvements and appurtenances, described in a paragraph of subsection (b) in connection with the respective tribe, band, or group of Indians named in such paragraph are hereby declared to be held in trust by the United States for the benefit of such tribe, band, or group. Real property taken into trust pursuant to this subsection shall not be considered to have been taken into trust for gaming (as that term is used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)). (b) Lands Described.--The lands described in this subsection, comprising approximately 3525.8 acres, and the respective tribe, band, or group, are as follows: (1) Pit river tribe.--Lands to be held in trust for the Pit River Tribe are comprised of approximately 561.69 acres described as follows: Mount Diablo Base and Meridian Township 42 North, Range 13 East Section 3: S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, 120 acres. Township 43 North, Range 13 East Section 1: N\1/2\ NE\1/4\, 80 acres, Section 22: SE\1/4\ SE\1/4\, 40 acres, Section 25: SE\1/4\ NW\1/4\, 40 acres, Section 26: SW\1/4\ SE\1/4\, 40 acres, Section 27: SE\1/4\ NW\1/4\, 40 acres, Section 28: NE\1/4\ SW\1/4\, 40 acres, Section 32: SE\1/4\ SE\1/4\, 40 acres, Section 34: SE\1/4\ NW\1/4\, 40 acres, Township 44 North, Range 14 East, Section 31: S\1/2\ SW\1/4\, 80 acres. (2) Fort independence community of paiute indians.--Lands to be held in trust for the Fort Independence Community of Paiute Indians are comprised of approximately 200.06 acres described as follows: Mount Diablo Base and Meridian Township 13 South, Range 34 East Section 1: W\1/2\ of Lot 5 in the NE\1/4\, Lot 3, E\1/2\ of Lot 4, and E\1/2\ of Lot 5 in the NW\1/4\. (3) Barona group of capitan grande band of mission indians.--Lands to be held in trust for the Barona Group of Capitan Grande Band of Mission Indians are comprised of approximately 5.03 acres described as follows: San Bernardino Base and Meridian Township 14 South, Range 2 East Section 7, Lot 15. (4) Cuyapaipe band of mission indians.--Lands to be held in trust for the Cuyapaipe Band of Mission Indians are comprised of approximately 1,360 acres described as follows: San Bernardino Base and Meridian Township 15 South, Range 6 East Section 21: All of this section. Section 31: NE\1/4\, N\1/2\SE\1/4\, SE\1/4\SE\1/4\. Section 32: W\1/2\SW\1/4\, NE\1/4\SW\1/4\, NW\1/4\SE\1/4\. Section 33: SE\1/4\, SW\1/4\SW\1/4\, E\1/2\SW\1/4\. (5) Manzanita band of mission indians.--Lands to be held in trust for the Manzanita Band of Mission Indians are comprised of approximately 1,000.78 acres described as follows: San Bernardino Base and Meridian Township 16 South, Range 6 East Section 21: Lots 1, 2, 3, and 4, S\1/2\. Section 25: Lots 2 and 5. Section 28: Lots, 1, 2, 3, and 4, N\1/2\SE\1/4\. (6) Morongo band of mission indians.--Lands to be held in trust for the Morongo Band of Mission Indians are comprised of approximately 40 acres described as follows: San Bernardino Base and Meridian Township 3 South, Range 2 East Section 20: NW\1/4\ of NE\1/4\. (7) Pala band of mission indians.--Lands to be held in trust for the Pala Band of Mission Indians are comprised of approximately 59.20 acres described as follows: San Bernardino Base and Meridian Township 9 South, Range 2 West Section 13, Lot 1, and Section 14, Lots 1, 2, 3. (8) Fort bidwell community of paiute indians.--Lands to be held in trust for the Fort Bidwell Community of Paiute Indians are comprised of approximately 299.04 described as follows: Mount Diablo Base and Meridian Township 46 North, Range 16 East Section 8: SW\1/4\SW\1/4\. Section 19: Lots 5, 6, 7. S\1/2\NE\1/4\, SE\1/4\NW\1/4\, NE\1/4\SE\1/4\. Section 20: Lot 1. SEC. 3. MISCELLANEOUS PROVISIONS. (a) Proceeds From Rents and Royalties Transferred to Indians.-- Amounts which accrue to the United States after the date of the enactment of this Act from sales, bonuses, royalties, and rentals relating to any land described in section 2 shall be available for use or obligation, in such manner and for such purposes as the Secretary may approve, by the tribe, band, or group of Indians for whose benefit such land is taken into trust. (b) Notice of Cancellation of Grazing Preferences.--Grazing preferences on lands described in section 2 shall terminate 2 years after the date of the enactment of this Act. (c) Laws Governing Lands To Be Held In Trust.--Any lands which are to be held in trust for the benefit of any tribe, band, or group of Indians pursuant to this Act shall be added to the existing reservation of the tribe, band, or group, and the official boundaries of the reservation shall be modified accordingly. These lands shall be subject to the laws of the United States relating to Indian land in the same manner and to the same extent as other lands held in trust for such tribe, band, or group on the day before the date of enactment of this Act. Passed the House of Representatives October 5, 1998. Attest: Clerk.

California Indian Land Transfer Act - Transfers all right, title, and interest of the United States in and to specified lands, including improvements and appurtenances, to be held in trust by the United States for the benefit of the following California Indian tribes: (1) the Pit River Tribe; (2) the Fort Independence and Fort Bidwell Communities of Paiute Indians; (3) the Barona Group of Capitan Grande Band of Mission Indians; and (4) the Cuyapaipe, Manzanita, Morongo, and Pala Bands of Mission Indians. Makes available for use by the tribes any rents and royalties from such lands accruing to the United States after enactment of this Act. Terminates grazing preferences on the lands two years after the date of the enactment of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assault Weapons Ban and Law Enforcement Protection Act of 2005''. SEC. 2. REINSTATEMENT FOR 10 YEARS OF REPEALED CRIMINAL PROVISIONS RELATING TO ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES. (a) Reinstatement of Provisions Wholly Repealed.--Paragraphs (30) and (31) of section 921(a), subsections (v) and (w) and Appendix A of section 922, and the last 2 sentences of section 923(i) of title 18, United States Code, as in effect just before the repeal made by section 110105(2) of the Violent Crime Control and Law Enforcement Act of 1994, are hereby enacted into law. (b) Reinstatement of Provisions Partially Repealed.--Section 924 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking subparagraph (B) and inserting the following: ``(B) knowingly violates subsection (a)(4), (f), (k), (r), (v), or (w) of section 922;''; and (2) in subsection (c)(1)(B), by striking clause (i) and inserting the following: ``(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or''. SEC. 3. DEFINITIONS. (a) In General.--Section 921(a)(30) of title 18, United States Code, as added by section 2(a) of this Act, is amended to read as follows: ``(30) The term `semiautomatic assault weapon' means any of the following: ``(A) The following rifles or copies or duplicates thereof: ``(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR; ``(ii) AR-10; ``(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR; ``(iv) AR70; ``(v) Calico Liberty; ``(vi) Dragunov SVD Sniper Rifle or Dragunov SVU; ``(vii) Fabrique National FN/FAL, FN/LAR, or FNC; ``(viii) Hi-Point Carbine; ``(ix) HK-91, HK-93, HK-94, or HK-PSG-1; ``(x) Kel-Tec Sub Rifle; ``(xi) M1 Carbine; ``(xii) Saiga; ``(xiii) SAR-8, SAR-4800; ``(xiv) SKS with detachable magazine; ``(xv) SLG 95; ``(xvi) SLR 95 or 96; ``(xvii) Steyr AUG; ``(xviii) Sturm, Ruger Mini-14; ``(xix) Tavor; ``(xx) Thompson 1927, Thompson M1, or Thompson 1927 Commando; or ``(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz). ``(B) The following pistols or copies or duplicates thereof: ``(i) Calico M-110; ``(ii) MAC-10, MAC-11, or MPA3; ``(iii) Olympic Arms OA; ``(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or ``(v) Uzi. ``(C) The following shotguns or copies or duplicates thereof: ``(i) Armscor 30 BG; ``(ii) SPAS 12 or LAW 12; ``(iii) Striker 12; or ``(iv) Streetsweeper. ``(D) A semiautomatic rifle that has an ability to accept a detachable magazine, and that has-- ``(i) a folding or telescoping stock; ``(ii) a threaded barrel; ``(iii) a pistol grip; ``(iv) a forward grip; or ``(v) a barrel shroud. ``(E)(i) Except as provided in clause (ii), a semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds. ``(ii) Clause (i) shall not apply to an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. ``(F) A semiautomatic pistol that has the ability to accept a detachable magazine, and has-- ``(i) a second pistol grip; ``(ii) a threaded barrel; ``(iii) a barrel shroud; or ``(iv) the capacity to accept a detachable magazine at a location outside of the pistol grip. ``(G) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. ``(H) A semiautomatic shotgun that has-- ``(i) a folding or telescoping stock; ``(ii) a pistol grip; ``(iii) the ability to accept a detachable magazine; or ``(iv) a fixed magazine capacity of more than 5 rounds. ``(I) A shotgun with a revolving cylinder. ``(J) A frame or receiver that is identical to, or based substantially on the frame or receiver of, a firearm described in any of subparagraphs (A) through (I) or (L). ``(K) A conversion kit. ``(L) A semiautomatic rifle or shotgun originally designed for military or law enforcement use, or a firearm based on the design of such a firearm, that is not particularly suitable for sporting purposes, as determined by the Attorney General. In making the determination, there shall be a rebuttable presumption that a firearm procured for use by the United States military or any Federal law enforcement agency is not particularly suitable for sporting purposes, and a firearm shall not be determined to be particularly suitable for sporting purposes solely because the firearm is suitable for use in a sporting event.''. (b) Related Definitions.--Section 921(a) of such title is amended by adding at the end the following: ``(36) Barrel Shroud.--The term `barrel shroud' means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel, but does not include a slide that encloses the barrel, and does not include an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. ``(37) Conversion Kit.--The term `conversion kit' means any part or combination of parts designed and intended for use in converting a firearm into a semiautomatic assault weapon, and any combination of parts from which a semiautomatic assault weapon can be assembled if the parts are in the possession or under the control of a person. ``(38) Detachable Magazine.--The term `detachable magazine' means an ammunition feeding device that can readily be inserted into a firearm. ``(39) Fixed Magazine.--The term `fixed magazine' means an ammunition feeding device contained in, or permanently attached to, a firearm. ``(40) Folding or Telescoping Stock.--The term `folding or telescoping stock' means a stock that folds, telescopes, or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm. ``(41) Forward Grip.--The term `forward grip' means a grip located forward of the trigger that functions as a pistol grip. ``(42) Pistol Grip.--The term `pistol grip' means a grip, a thumbhole stock, or any other characteristic that can function as a grip. ``(43) Threaded Barrel.--The term `threaded barrel' means a feature or characteristic that is designed in such a manner to allow for the attachment of a firearm as defined in section 5845(a) of the National Firearms Act (26 U.S.C. 5845(a)).''. SEC. 4. GRANDFATHER PROVISION. Section 922(v)(2) of title 18, United States Code, as added by section 2(a) of this Act, is amended-- (1) by inserting ``(A)'' after ``(2)''; and (2) by adding after and below the end the following: ``(B) Paragraph (1) shall not apply to any firearm the possession or transfer of which would (but for this subparagraph) be unlawful by reason of this subsection, and which is otherwise lawfully possessed on the date of the enactment of this subparagraph.''. SEC. 5. REPEAL OF CERTAIN EXEMPTIONS. Section 922(v)(3) of title 18, United States Code, as added by section 2(a) of this Act, is amended by striking ``(3)'' and all that follows through the 1st sentence and inserting the following: ``(3) Paragraph (1) shall not apply to any firearm that-- ``(A) is manually operated by bolt, pump, level, or slide action; ``(B) has been rendered permanently inoperable; or ``(C) is an antique firearm.''. SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE TRANSFER OF LAWFULLY POSSESSED SEMIAUTOMATIC ASSAULT WEAPONS. Section 922(v) of title 18, United States Code, as added by section 2(a) of this Act, is amended by adding at the end the following: ``(5) It shall be unlawful for any person to transfer a semiautomatic assault weapon to which paragraph (1) does not apply, except through-- ``(A) a licensed dealer, and for purposes of subsection (t) in the case of such a transfer, the weapon shall be considered to be transferred from the business inventory of the licensed dealer and the dealer shall be considered to be the transferor; or ``(B) a State or local law enforcement agency if the transfer is made in accordance with the procedures provided for in subsection (t) of this section and section 923(g). ``(6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit the record to the Congress and make the record available to the general public.''. SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR TRANSFER OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE. (a) Ban on Transfer of Semiautomatic Assault Weapon With Large Capacity Ammunition Feeding Device.-- (1) In general.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: ``(z) It shall be unlawful for any person to transfer any assault weapon with a large capacity ammunition feeding device.''. (2) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(8) Whoever knowingly violates section 922(z) shall be fined under this title, imprisoned not more than 10 years, or both.''. (b) Certification Requirement.-- (1) In general.--Section 922(w) of such title, as added by section 2(a) of this Act, is amended-- (A) in paragraph (3)-- (i) by adding ``or'' at the end of subparagraph (B); and (ii) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); and (B) by striking paragraph (4) and inserting the following: ``(4) It shall be unlawful for a licensed manufacturer, licensed importer, or licensed dealer who transfers a large capacity ammunition feeding device that was manufactured on or before the date of the enactment of this subsection, to fail to certify to the Attorney General before the end of the 60-day period that begins with the date of the transfer, in accordance with regulations prescribed by the Attorney General, that the device was manufactured on or before the date of the enactment of this subsection.''. (2) Penalties.--Section 924(a) of such title, as amended by subsection (a)(2) of this section, is amended by adding at the end the following: ``(9) Whoever knowingly violates section 922(w)(4) shall be fined under this title, imprisoned not more than 5 years, or both.''. SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES. Section 922(x) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking the period and inserting a semicolon; and (B) by adding at the end the following: ``(C) a semiautomatic assault weapon; or ``(D) a large capacity ammunition feeding device.''; and (2) in paragraph (2)-- (A) in subparagraph (B), by striking the period and inserting a semicolon; and (B) by adding at the end the following: ``(C) a semiautomatic assault weapon; or ``(D) a large capacity ammunition feeding device.''. SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE. (a) In General.--Section 922(w) of title 18, United States Code, as added by section 2(a) of this Act, is amended-- (1) in paragraph (1), by striking ``(1) Except as provided in paragraph (2)'' and inserting ``(1)(A) Except as provided in subparagraph (B)''; (2) in paragraph (2), by striking ``(2) Paragraph (1)'' and inserting ``(B) Subparagraph (A)''; and (3) by inserting before paragraph (3) the following: ``(2) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.''. (b) Conforming Amendment.--Section 921(a)(31)(A) of such title, as added by section 2(a) of this Act, is amended by striking ``manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994''.

Assault Weapons Ban and Law Enforcement Protection Act of 2005 - Reinstates for ten years repealed criminal provisions regarding assault weapons and large capacity ammunition feeding devices (the assault weapons ban). Revises the definition of "semiautomatic assault weapon" to include conversion kits (for converting a firearm to such a weapon) and any semiautomatic rifle or pistol that has an ability to accept a detachable magazine and that has specified characteristics, including a telescoping stock. Prohibits the transfer of such a weapon except through a licensed dealer or a State or local law enforcement agency, subject to specified requirements. Directs the Attorney General to: (1) establish and maintain a record of the make, model, and date of manufacture of any such weapon which the Attorney General is made aware has been used in relation to a crime, and of the nature and circumstances of the crime involved; and (2) annually submit the record to Congress and make it available to the public. Prohibits: (1) the transfer of any assault weapon with a large capacity ammunition feeding device; and (2) a licensed manufacturer, importer, or dealer who transfers such a device that was manufactured on or before this Act's enactment from failing to certify to the Attorney General, within 60 days of the transfer date, that the device was manufactured on or before that date. Sets penalties for violations. Prohibits: (1) the transfer of such a weapon or device to a juvenile; and (2) the importation of such a device.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Habitat Enhancement Act of 2005''. SEC. 2. DESIGNATION OF CRITICAL HABITAT; STANDARD. (a) In General.--Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is amended-- (1) by redesignating subparagraph (B) of paragraph (3) as paragraph (4); (2) in paragraph (4) (as so redesignated)-- (A) by striking ``(i)'' and inserting ``(A)''; (B) by striking ``(ii)'' and inserting ``(B)''; and (C) by striking ``(iii)'' and inserting ``(C)''; and (3) by amending paragraph (3) to read as follows: ``(3)(A)(i) The Secretary shall, by regulation promulgated in accordance with subsection (b) and to the maximum extent practicable, prudent, and determinable, issue a final regulation designating any habitat of the species determined to be an endangered species or threatened species that is critical habitat of the species. ``(ii) The Secretary shall make any designation required under clause (i) by not later than one year after the final approval of a recovery plan for the species under section 4(f), or 3 years after the date of publication of the final regulation implementing a determination that the species is an endangered species or threatened species, whichever is earlier. ``(B) The Secretary shall reconsider any determination that designation of critical habitat of a species is not practicable, or determinable, during the next review under section 4(c)(2)(A) or at the time of a final approval of a recovery plan for the species under section 4(f). ``(C) The Secretary may, from time-to-time as appropriate, revise any designation of critical habitat under this paragraph. ``(D) Notwithstanding subparagraphs (A), (B), and (C), any designation of an area as critical habitat shall not apply with respect to any action authorized by-- ``(i) a permit under section 10(a) (including any conservation plan or agreement under that section for such a permit) that applies to the area; ``(ii) a written statement under section 7(b)(4); or ``(iii) a land conservation or species management program of a State, a Federal agency, a federally recognized Indian tribe located within the contiguous 48 States, or the Metlakatla Indian Community that the Secretary determines provides protection for habitat of the species that is substantially equivalent to the protection that would be provided by such designation. ``(E) Nothing in this paragraph shall be construed to authorize a recovery plan to establish regulatory requirements or otherwise to have an effect other than as non-binding guidance.''. (b) Conforming Amendment.--Section 4(b)(6)(C) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(6)(C)) is repealed. SEC. 3. BASIS FOR DETERMINATION. Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended-- (1) by inserting ``(A)'' after ``(2)''; and (2) by adding at the end the following: ``(B) In determining whether an area is critical habitat, the Secretary shall seek and, if available, consider information from State and local governments in the vicinity of the area, including local resource data and maps. ``(C) Consideration of economic impact under this paragraph shall include-- ``(i) direct, indirect, and cumulative economic costs and benefits, including consideration of changes in revenues received by landowners, the Federal Government, and State and local governments; and ``(ii) costs associated with the preparation of reports, surveys, and analyses required to be undertaken, as a consequence of a proposed designation of critical habitat, by landowners seeking to obtain permits or approvals required under Federal, State, or local law. ``(D) In designating critical habitat of a species, the Secretary shall first consider all areas that are known to be within the geographical area determined by field survey data to be occupied by the species.''. SEC. 4. CONTENT OF NOTICES OF PROPOSED DESIGNATION OF CRITICAL HABITAT. Section 4(b)(5)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(5)(A)) is amended-- (1) in clause (i) by striking ``, and'' and inserting a semicolon; (2) in clause (ii)-- (A) by striking ``and to each'' and inserting ``to each''; and (B) by inserting ``, and to the county and any municipality having administrative jurisdiction over the area'' after ``to occur''; and (3) by adding at the end the following: ``(iii) with respect to a regulation to designate or revise a designation of critical habitat-- ``(I) publish maps and coordinates that describe, in detail, the specific areas that meet the definition under section 3 of, and are designated under section 4(a) as, critical habitat, and all field survey data upon which such designation is based; and ``(II) maintain such maps, coordinates, and data on a publicly accessible Internet page of the Department; and ``(iv) include in each of the notices required under this subparagraph a reference to the Internet page referred to in clause (iii)(II);''. SEC. 5. CLARIFICATION OF DEFINITION OF CRITICAL HABITAT. Section 3(5) of the Endangered Species Act of 1973 (16 U.S.C. 1532(5)) is amended-- (1) in subparagraph (A) by striking clauses (i) and (ii) and inserting the following: ``(i) the specific areas-- ``(I) that are within the geographical area determined by field survey data to be occupied by the species at the time the areas are designated as critical habitat in accordance with section 4; and ``(II) on which are found those physical and biological features that are necessary to avoid jeopardizing the continued existence of the species and may require special management considerations or protection; and ``(ii) areas that are not within the geographical area referred to in clause (i)(I) and that the Secretary determines are essential for the survival of the species at the time the areas are designated as critical habitat in accordance with section 4.''; (2) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); and (3) by adding at the end the following: ``(C) For purposes of subparagraph (A)(i) the term `geographical area determined by field survey data to be occupied by the species' means the specific area that, at the time the area is designated as critical habitat in accordance with section 4, is being used by the species for breeding, feeding, sheltering, or another essential behavioral pattern.''.

Critical Habitat Enhancement Act of 2005 - Amends the Endangered Species Act of 1973 to require the relevant Secretary (the Secretary of the Interior or the Secretary of Commerce) to make any designation of critical habitat of an endangered or threatened species not later than one year after final approval of a recovery plan for the species or three years after final regulations implementing a determination that the species is endangered or threatened, whichever is earlier. Directs the Secretary to reconsider determinations that critical habitat designation is not practicable or determinable during the next five-year review of listed species or at the time of final approval of a recovery plan for the species. Makes critical habitat designations inapplicable to actions authorized by: (1) an incidental taking permit; (2) an incidental taking statement provided by the Secretary; or (3) a land conservation or species management program that meets specified requirements. Directs the Secretary, in determining whether an area is critical habitat, to seek and consider information from local governments in the vicinity of the area. Specifies factors for consideration in determining the economic impact of critical habitat designation. Modifies notice requirements applicable to proposed designations of critical habitat to require that any municipality having administrative jurisdiction over the area in which the species is believed to occur is given actual notice. Redefines "critical habitat" to mean geographic areas determined by field survey data to be occupied by the species at the time of designation and which are necessary to the continued existence of the species.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Child Labor Elimination Act of 1996''. SEC. 2. FINDINGS. The Congress finds the following: (1) Article 32 of the United Nations Convention on the Rights of the Child recognizes ``the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education or to be harmful to the child's health or physical, mental, spiritual, moral or social development.''. (2) Article 2 of the International Labor Organization Convention 138, the Minimum Age Convention, states that the minimum age for admission to employment or work ``shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years.''. (3) International Labor Organization Convention 29, the Forced Labor Convention, which has been in effect since 1930, prohibits most forms of ``forced or compulsory labor'', including all forced labor by people under the age of 18. (4) Although it is among the most universally condemned of all human rights abuses, child labor is widely practiced. The International Labor Organization has estimated the total number of child workers to be between 100,000,000 and 200,000,000. More than 95 percent of those child workers live in developing countries. (5) The International Labor Organization has estimated that 13.2 percent of all 10-to-14 year olds around the world were economically active in 1995. There are no reliable figures on workers under 10 years of age, though their numbers are known to be significant. Reliable child labor statistics are not readily available, in part because many governments in the developing world are reluctant to document those activities, which are often illegal under domestic laws, which violate international standards, and which may be perceived as a failure of internal public policy. (6) Notwithstanding international and domestic prohibitions, many children in developing countries are forced to work as debt-bonded and slave laborers in hazardous and exploitative industries. According to the United Nations Working Group on Contemporary Forms of Slavery and the International Labor Organization, there are tens of millions of child slaves in the world today. Large numbers of those slaves are involved in agricultural and domestic labor, the sex industry, the carpet and textile industries, and quarrying and brick making. (7) In many countries, children lack either the legal standing or the means to protect themselves from cruelty and exploitation in the workplace. (8) The employment of children often interferes with the opportunities of such children for basic education. Furthermore, where it coexists with high rates of adult unemployment, the use of child labor likely denies gainful employment to millions of adults. (9) While child labor is a vast, complex, and multifaceted phenomenon that is tied to issues of poverty, educational opportunity, and culture, its most abusive and hazardous forms are repugnant to basic human rights and must be eliminated. SEC. 3. IDENTIFICATION OF FOREIGN COUNTRIES AND INDUSTRIES THAT USE CHILD LABOR IN PRODUCING GOODS. (a) Identification of Countries and Industries.--The Secretary of Labor shall, not later than 6 months after the date of the enactment of this Act, and not later than the end of each 1-year period thereafter, identify those foreign countries that do not prohibit child labor, or that have laws prohibiting child labor but do not effectively enforce them, and those industries in such countries in which child labor is used. The Secretary may revoke the identification of a country or an industry before the end of the 1-year period during which the identification would otherwise be effective, if revocation is warranted by new information or a change in the laws or practices of a country. (b) Sanctions.--The sanctions set forth in sections 4 and 5 shall apply with respect to those countries and industries identified under subsection (a) for so long as the identification is effective under such subsection. (c) Exemption.--The prohibition on imports under section 4(a), the prohibition under section 5(a)(1) on financing under the Export-Import Bank Act of 1945, and the prohibition on multilateral assistance under section 5(a)(2) shall not apply to a business entity if it is established to the satisfaction of the Secretary of Labor that no goods produced by that entity are products of child labor. SEC. 4. PROHIBITION ON IMPORTS. (a) Prohibition.--The Secretary of the Treasury shall prohibit the entry of any manufactured article that is a product of an industry identified under section 3(a). (b) Exception.--Subsection (a) shall not apply to the entry of a manufactured article-- (1) that is entered under any subheading in subchapter IV or VI of chapter 98 (relating to personal exemptions) of the Harmonized Tariff Schedule of the United States; or (2) that was exported from the foreign country in which the industry concerned is located and was en route to the United States before the first day on which the identification of the country and industry was effective. SEC. 5. PROHIBITION ON ASSISTANCE FOR FOREIGN COUNTRIES THAT USE CHILD LABOR IN PRODUCING GOODS. (a) Prohibition on Assistance.-- (1) Bilateral assistance.--The President may not provide United States assistance to a foreign country identified by the Secretary of Labor under section 3(a). (2) Multilateral assistance.--The Secretary of the Treasury shall instruct the United States Executive Director of each international financial institution to use the voice and vote of the United States to oppose any loan or other utilization of the funds of their respective institution to or for any industry identified by the Secretary of Labor under section 3(a). (b) Exception.--A foreign country or an industry identified by the Secretary of Labor under section 3(a) may receive United States assistance if the President determines and certifies to the Congress that it is in the vital national interest of the United States to provide such assistance to such country or industry, as the case may be. The President shall include in any such certification-- (1) a full and complete description of the vital national interest of the United States that is placed at risk if such assistance is not provided to such country or industry; and (2) a statement weighing the risk described in paragraph (1) against the risk posed to the vital national interest of the United States by the failure of such country to adopt or enforce laws prohibiting child labor or by the use of child labor by such industry, as the case may be. SEC. 6. PENALTIES. (a) Unlawful Acts.--It is unlawful-- (1) to attempt to enter any manufactured article that is a product of an industry if the entry is prohibited under section 4(a); or (2) to violate any regulation prescribed under section 7. (b) Civil Penalty.--Any person who commits any unlawful act set forth in subsection (a) is liable for a civil penalty of not to exceed $25,000. (c) Criminal Penalty.--In addition to being liable for a civil penalty under subsection (b), any person who intentionally commits any unlawful act set forth in subsection (a) is, upon conviction, liable for a fine of not less than $10,000 and not more than $35,000, or imprisonment for not more than 1 year, or both. (d) Construction.--The violations set forth in subsection (a) shall be treated as violations of the customs laws for purposes of applying the enforcement provisions of the Tariff Act of 1930, including-- (1) the search, seizure, and forfeiture provisions; (2) section 592 (relating to penalties for entry by fraud, gross negligence, or negligence); and (3) section 619 (relating to compensation to informers). SEC. 7. REGULATIONS. The President shall issue such regulations as are necessary to carry out this Act. SEC. 8. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR UNDERAGE CHILD WORKERS. There is authorized to be appropriated to the President the sum of $10,000,000 for each of fiscal years 1997 through 2001 for a United States contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor. SEC. 9. DEFINITIONS. As used in this Act: (1) Child labor.--The term ``child labor'' means-- (A) services performed by an individual who has not attained the age at which children complete compulsory schooling under the national laws of the country concerned, or the age of 15, whichever age is older, except for services performed on a part-time basis by an individual 14 years of age or older that does not interfere with the individual's health or education, and (B) services performed by an individual under the age of 18 that would likely jeopardize the health, safety, or moral character of a young person, in exchange for remuneration (regardless to whom paid), subsistence, goods or services, or any combination thereof, or under circumstances tantamount to involuntary servitude. (2) Product of child labor.--A manufactured article shall be treated as being a product of child labor if the article-- (A) was fabricated, assembled, or processed, in whole or part, (B) contains any part that was fabricated, assembled, or processed, in whole or in part, or (C) was mined, quarried, pumped, or otherwise extracted, with child labor. (3) Entered and entry.--The terms ``entered'' and ``entry'' mean entry, or withdrawal from warehouse for consumption, in the customs territory of the United States. (4) Business entity.--The term ``business entity''-- (A) means any entity that produces a manufactured article in a foreign country; and (B) includes, but is not limited to, entities owned or controlled in whole or in part by the government of a foreign country. (5) Foreign country.--The term ``foreign country'' means any foreign country and any possession or territory of a foreign country that is administered separately for customs purposes (and includes any designated zone within such country, possession, or territory). (6) International financial institution.--The term ``international financial institution'' means the International Bank for Reconstruction and Development, the International Development Association, the Multilateral Investment Guarantee Agency, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the African Development Fund, the International Monetary Fund, the European Bank for Reconstruction and Development, and the International Finance Corporation. (7) Manufactured article.--The term ``manufactured article'' means any good that is fabricated, assembled, or processed. The term also includes any mineral resource (including any mineral fuel) that is entered in a crude state. Any mineral resource that at entry has been subjected to only washing, crushing, grinding, powdering, levigation, sifting, screening, or concentration by flotation, magnetic separation, or other mechanical or physical processes shall be treated as having been processed for the purposes of this Act. (8) United states assistance.--The term ``United States assistance'' means-- (A) any assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2 of part I of such Act, relating to the Overseas Private Investment Corporation), other than-- (i) disaster relief assistance, including any assistance under chapter 9 of part I of such Act; (ii) assistance which involves the provision of food (including monetization of food) or medicine; and (iii) assistance for refugees; (B) sales, or financing on any terms, under the Arms Export Control Act; (C) the provision of agricultural commodities, other than food, under the Agricultural Trade Development and Assistance Act of 1954; and (D) financing under the Export-Import Bank Act of 1945. (9) United states assistance to a foreign country.--The term ``United States assistance to a foreign country'' includes any sales, financing, or other assistance described in subsection (8) to or for programs, projects, business ventures, or other activities in the foreign country, whether or not such assistance is received by the government of the foreign country.

International Child Labor Elimination Act of 1996 - Directs the Secretary of Labor annually to identify foreign countries that do not prohibit child labor, or that have laws prohibiting child labor but do not enforce them, and those industries in such countries in which child labor is used. Prohibits: (1) the entry into the United States of any article that is a product of child labor; and (2) U.S. and multilateral assistance to identified countries, with specified exceptions. Sets forth both civil and criminal penalties for violations of this Act. Authorizes appropriations for a U.S. contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Exchange Infrastructure Modernization Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) a ubiquitous high quality public switched network will promote-- (A) universal service at reasonable rates; (B) the universal availability of advanced public switched network capabilities and information services; (C) the public health, safety, national defense, education and security and emergency preparedness; (D) the economic development and quality of life by bringing access to advanced public switched network capabilities to the American people regardless of their location; (E) new services and motivate new service providers by providing uniform accessibility and interoperability; (F) the international competitiveness of American industry; and (G) a seamless, nationwide, coordinated and state- of-the-art public switched network that will enhance the quality of life for all Americans; (2) the increasing technological complexity and need for ubiquitous infrastructure capability and interoperability of the public switched network requires-- (A) sharing of the public switched network infrastructure and functionality between and among local exchange carriers; (B) joint coordinated network planning, design and cooperative implementation among all local exchange carriers; and (C) development of standards for interconnection between the local exchange carrier public switched network and others by appropriate standards-setting bodies; (3) the access services provided by the local exchange carrier public switched network to competitive carriers, information service providers and others, tie these diverse elements into an interoperable national telecommunications network; (4) a ubiquitous, advanced local exchange carrier public switched network enhances the function and availability of services provided by all carriers and all other persons accessing the local exchange carrier public switched network; and (5) it is in the public interest to promote development of the public switched network by local exchange carriers because they-- (A) have universal service obligations for geographically specific serving areas for which they must construct a ubiquitous infrastructure; (B) provide public switched network services that are subject to regulation with respect to rates, terms and conditions; (C) must provide network access to their own competitors on nondiscriminatory rates, terms and conditions; and (D) are suppliers of last resort to customers in their serving areas. SEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934. (a) Amendment to Section 1.--Section 1 of the Communications Act of 1934 (47 U.S.C. 151) is amended by designating the existing text as subsection (a), and adding at the end thereof the following new subsection: ``(b) The Commission shall exercise its authority so as to-- ``(1) preserve and enhance universal service at reasonable rates; ``(2) achieve universal availability of advanced network capabilities and information services; ``(3) assure a seamless nationwide distribution network through joint networking planning, coordination and service arrangements between and among local exchange carriers; ``(4) maintain high standards for quality of advanced network services; and ``(5) assure adequate communication for the public health, safety, defense, education, national security and emergency preparedness.''. (b) Amendment to Section 2.--Section 2(b) of the Communications Act of 1934 (47 U.S.C. 152) is amended by deleting ``227'' and inserting in lieu thereof ``229''. (c) Amendment to Section 3.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended by adding at the end thereof the following new definitions: ``(hh) The term `local exchange carrier' means a carrier which-- ``(1) is required to provide upon request, under tariff or subject to other government oversight (by the Commission or a State commission), interstate and intrastate access services and telephone exchange service; ``(2) is, or was, a participant in one or more interstate pools established by the Commission, or would have been required to participate in one or more such pools had the carrier been engaged in interstate and intrastate access and telephone exchange service while such participation was mandatory; ``(3) is subject to the requirements imposed by the Commission or a State commission related to the provision of equal access; and ``(4) conforms with the provisions of the North American Numbering Plan applicable to the assignment of numbering resources for telephone exchange service, as defined by the Plan's Administrator. ``(ii) The term `Modification of Final Judgment' means the decree entered August 24, 1982, in United States v. Western Electric, Civil Action No. 82-0192 (United States District Court, District of Columbia).''. (d) Amendment to Title II.--Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof the following new sections: ``SEC. 228. NETWORK PLANNING AND STANDARDS. ``The Commission shall, within 180 days following the date of the enactment of this section, prescribe regulations that require-- ``(1) joint coordinated network planning, design and cooperative implementation among all local exchange carriers in the provision of public switched network infrastructure and services; and ``(2) development of standards for interconnection between the local exchange carrier public switched network and others by appropriate standard-setting bodies. ``SEC. 229. INFRASTRUCTURE SHARING ARRANGEMENTS BETWEEN OR AMONG LOCAL EXCHANGE CARRIERS. ``(a) Within 180 days following the date of the enactment of this section, the Commission shall prescribe regulations that require a local exchange carrier to share public switched network infrastructure and functionality with requesting local exchange carriers lacking economies of scale or scope, as defined in subsection (b). ``(b) For the purposes of this section, the term `local exchange carrier lacking economies of scale or scope' means any local exchange carrier which serves a geographic area for which it lacks economies of scale or scope for the particular required network functionality. ``(c) The regulations governing such sharing between or among local exchange carriers shall-- ``(1) promote economically efficient decision-making by local exchange carriers; ``(2) not require any local exchange carrier to make any decision that is uneconomic or adverse to the public interest; ``(3) permit, but not require, joint ownership and operation of public switched network infrastructure and services by or among local exchange carriers; ``(4) limit their applicability to local exchange carriers; ``(5) ensure that a local exchange carrier, when sharing any infrastructure or providing any functionality to other local exchange carriers pursuant to this section, shall not be deemed a common carrier for hire when acting in this capacity, and such arrangements shall not be deemed common carrier services by the Commission or by any State commission; ``(6) ensure that fair and reasonable terms and conditions for and in connection with the business arrangement described in this section are determined by local exchange carriers in accordance with general guidelines contained in the regulations prescribed pursuant to this section; ``(7) establish conditions that promote cooperation between local exchange carriers; and ``(8) ensure that all regulatory rights and obligations for and in connection with the business arrangements described in this section shall be determined exclusively in accordance with the regulations prescribed pursuant to this section. ``(d) Nothing in this Act shall be construed to enact into law any economic support currently provided to telephone exchange service or enact into law any prohibition with regard to new economic support mechanisms for telephone exchange service or any service other than telephone exchange service. ``SEC. 230. SIGNALLING. ``Notwithstanding any other law or any restriction or obligation imposed before the date of enactment of this section pursuant to Modification of Final Judgment, no local exchange carrier shall be prohibited from transporting or processing signalling and information for another local exchange carrier in adjoining or reasonably proximate serving areas upon request of that local exchange carrier to the same extent that the providing local exchange carrier is permitted to engage in such activities for itself. ``SEC. 231. INTRASTATE COMMUNICATION. ``Except as provided in section 2, nothing in this Act shall be construed to alter, limit, or supersede the authority of any State with respect to the regulation of intrastate communication service.''. SEC. 4. ANTITRUST IMMUNITY FOR LOCAL EXCHANGE CARRIERS. (a) Nothing contained in any Federal or State antitrust law shall render unlawful any action taken by a local exchange carrier pursuant to sections 228, 229, and 230 of the Communications Act of 1934, or any individual or concerted action taken, including but not limited to, lobbying before Congress or the Federal Communications Commission or communicating by any means with other local exchange carriers, by any local exchange carrier, or its directors, officers, agents, employees, affiliates, subsidiaries, joint ventures, counsel or other persons purporting to act on behalf of such carrier. (b) For purposes of this Act, the following terms are defined to mean: (1) The term ``Federal Antitrust Laws'' means the Acts known as the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), the Robinson-Patman Act (15 U.S.C. 13 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), all subsequent amendments of such Acts, and any and all other laws which have been or are hereafter enacted to regulate or prevent contracts, combinations, or conspiracies in restraint of trade or monopolistic practices. (2) The term ``State Antitrust Laws'' means all laws enacted by States or territories within the United States or their political subdivisions which are patterned after the Federal laws known as the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), the Robinson-Patman Act (15 U.S.C. 13 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), or any subsequent amendments to such Acts, or any other State laws which are not patterned after such Federal Acts or amendments but which are designed to regulate or prevent contracts, combinations, or conspiracies in restraint of trade or monopolistic practices.

Local Exchange Infrastructure Modernization Act of 1993 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to exercise its authority to: (1) preserve and enhance universal telephone service at reasonable rates; (2) achieve universal availability of advanced network capabilities and information services; (3) assure a seamless nationwide distribution network through joint network planning, coordination, and service arrangements between and among local exchange carriers (LECs); (4) maintain high standards of quality for advanced network services; and (5) assure adequate communication for the public health, safety, defense, education, national security, and emergency preparedness. Defines "local exchange carrier" for purposes of such Act. Requires the FCC to prescribe regulations that require: (1) joint coordinated network planning, design, and cooperative implementation among all LECs in the provision of public switched network infrastructure and services; (2) development of standards for interconnection between the LEC public switched network and others by appropriate standard-setting bodies; and (3) a LEC to share public switched network infrastructure and functionality with requesting LECs which serve a geographic area for which they lack economies of scale or scope for the particular required network functionality.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Youth Coordination Act''. SEC. 2. ESTABLISHMENT AND MEMBERSHIP. (a) Members and Terms.--There is established the Federal Youth Development Council (in this Act referred to as the ``Council'') composed of members as follows: (1) The Attorney General, the Secretary of Agriculture, the Secretary of Labor, the Secretary of Health and Human Services, Secretary of Housing and Urban Development, the Secretary of Education, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Defense, the Secretary of Homeland Security, the Director of National Drug Control Policy, the Director of the Office of Management and Budget, the Assistant to the President for Domestic Policy, the Director of the U.S.A. Freedom Corps, the Deputy Assistant to the President and Director of the Office of Faith-Based and Community Initiatives, and the Chief Executive Officer of the Corporation for National and Community Service, or a designee of each such individual who holds significant decision-making authority, and other Federal officials as directed by the President, to serve for the life of the Council. (2) Any additional members as the President shall appoint from among representatives of faith-based organizations, community based organizations, child and youth focused foundations, universities, non-profit organizations, youth service providers, State and local government, and youth in disadvantaged situations. In making the appointments under this paragraph, the President shall consult with the Speaker of the House of Representatives, who shall take into account the recommendations of the Majority Leader and the Minority Leader of the House of Representatives, and the president pro tempore of the Senate, who shall take into account the recommendations of the Majority Leader and the minority Leader of the Senate. Each member appointed under this paragraph shall serve for 1 term of 2 years. (b) Chairperson.--The Chairperson of the Council shall be the Secretary of Health and Human Services. (c) Meetings.--The Council shall meet at the call of the Chairperson, not less frequently than 4 times each year. The first meeting shall be not less than 4 months after the date of enactment of this Act. SEC. 3. DUTIES OF THE COUNCIL. (a) The duties of the Council shall be-- (1) to ensure communication among agencies administering programs designed to serve youth, especially those in disadvantaged situations; (2) to assess the needs of youth, especially those in disadvantaged situations, and those who work with youth, and the quantity and quality of Federal programs offering services, supports, and opportunities to help youth in their educational, social, emotional, physical, vocational, and civic development; (3) to recommend objectives and quantifiable 5-year goals for such programs; (4) to make recommendations for the allocation of resources in support of such goals and objectives; (5) to identify areas of overlap or duplication in purpose and operation of programs serving youth and recommend ways to better facilitate coordination and consultation, improve efficiency, and streamline such programs; (6) to identify target populations of youth who are disproportionately at risk and assist agencies in focusing additional resources on them; (7) to develop a recommended plan, including common indicators of youth well-being, and assist agencies, at the request of 1 or more agency, in coordinating to achieve such goals and objectives; (8) to assist Federal agencies, at the request of 1 or more such agency, in collaborating on model programs and demonstration projects focusing on special populations, including youth in foster care, migrant youth, projects to promote parental involvement, and projects that work to involve young people in service programs; (9) to solicit and document ongoing input and recommendations from-- (A) youth, especially those in disadvantaged situations; (B) national youth development experts, researchers, parents, faith and community-based organizations, foundations, business leaders, youth service providers, and teachers; and (C) State and local government agencies, particularly agencies serving children and youth; and (10) to work with Federal agencies to conduct high-quality research and evaluation, identify and replicate model programs and best practices, provide technical assistance, and coordinate the collection and dissemination of youth services- related data and research. (b) The Council may provide technical assistance to a State at the request of a State to support State-funded councils for coordinating State youth efforts. SEC. 4. ASSISTANCE OF STAFF. (a) Director.--The Chairperson, in consultation with the Council, shall employ and set the rate of pay for a Director. (b) Staff of Federal Agencies.--Upon request of the Council, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Council to assist it in carrying out its duties under this Act. SEC. 5. POWERS OF THE COUNCIL. (a) Mails.--The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (b) Administrative Support Services.--Upon the request of the Council, the Administrator of General Services shall provide to the Council, on a reimbursable basis, the administrative support services necessary for the Council to carry out its responsibilities under this Act. SEC. 6. REPORT. Not later than 1 year after the Council holds its first meeting, the Council shall transmit to Congress an interim report of its findings, and not later than 2 years after the Council holds its first meeting, the Council shall transmit to Congress a final report including its findings and recommendations. The report shall-- (1) include a comprehensive list of recent research and statistical reporting by various Federal agencies on the overall well-being of youth, including the ratings of the Program Assessment Ratings Tool (PART) of Federal programs serving youth used by the Office of Management and Budget, if applicable; (2) include the assessment of the needs of youth and those who serve them; (3) include a summary of the plan called for in section 3(a)(7); (4) recommend ways to coordinate and improve Federal training and technical assistance, information sharing, and communication among the various programs and agencies serving youth; (5) include recommendations to better integrate and coordinate policies across agencies at the Federal, State, and local levels, including recommendations for legislation and administrative actions; (6) include a summary of actions the Council has taken at the request of Federal agencies to facilitate collaboration and coordination on youth serving programs and the results of those collaborations, if available; (7) include a summary of the action the Council has taken at the request of States to provide technical assistance under section 3(b), if applicable; and (8) include a summary of the input and recommendations from the groups identified in section 3(a)(9). SEC. 7. TERMINATION. The Council shall terminate 60 days after transmitting its final report under section 6. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $1,000,000 for each of fiscal years 2007 and 2008 to carry out this Act. Passed the House of Representatives November 15, 2005. Attest: JEFF TRANDAHL, Clerk.

Federal Youth Coordination Act - Establishes a Federal Youth Development Council to improve administration and coordination of federal programs serving youth. Designates the Secretary of Health and Human Services as the Chairperson of the Council. Sets forth Council duties with respect to agencies and programs serving youth, especially disadvantaged youth. Authorizes the Council to provide technical assistance to a state, at its request, to support state-funded councils for coordinating state youth efforts. Terminates the Council after transmittal of its final report. Authorizes appropriations for FY2007 and FY2008.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Terrorism Financing Act of 2003''. SEC. 2. INCREASED PENALTIES FOR TERRORISM FINANCING. Section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) is amended-- (1) in subsection (a), by deleting ``$10,000'' and inserting ``$50,000''. (2) in subsection (b), by deleting ``ten years'' and inserting ``twenty years''. SEC. 3. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY LAUNDERING. (a) Amendments to RICO.--Section 1961(1) of title 18, United States Code, is amended-- (1) in subparagraph (B), by inserting ``section 1960 (relating to illegal money transmitters),'' before ``sections 2251''; and (2) in subparagraph (F), by inserting ``section 274A (relating to unlawful employment of aliens),'' before ``section 277''. (b) Amendments to Section 1956(c)(7).--Section 1956(c)(7)(D) of title 18, United States Code, is amended by-- (1) inserting ``, or section 2339C (relating to financing of terrorism)'' before ``of this title''; and (2) striking ``or any felony violation of the Foreign Corrupt Practices Act'' and inserting ``any felony violation of the Foreign Corrupt Practices Act, or any violation of section 208 of the Social Security Act (relating to obtaining funds through misuse of a social security number)''. (c) Conforming Amendments to Sections 1956(e) and 1957(e).-- (1) Section 1956(e) of title 18, United States Code, is amended to read as follows: ``(e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postal Service, and the Attorney General. Violations of this section involving offenses described in paragraph (c)(7)(E) may be investigated by such components of the Department of Justice as the Attorney General may direct, and the National Enforcement Investigations Center of the Environmental Protection Agency.''. (2) Section 1957(e) of title 18, United States Code, is amended to read as follows: ``(e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postal Service, and the Attorney General.''. SEC. 4. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN COUNTRIES OR INTERNATIONAL ORGANIZATIONS. Section 981(a)(1)(G) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ``; or''; and (3) by inserting the following after clause (iii): ``(iv) of any individual, entity, or organization engaged in planning or perpetrating any act of international terrorism (as defined in section 2331) against any international organization (as defined in section 209 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4309(b))) or against any foreign Government. Where the property sought for forfeiture is located beyond the territorial boundaries of the United States, an act in furtherance of such planning or perpetration must have occurred within the jurisdiction of the United States.''. SEC. 5. MONEY LAUNDERING THROUGH HAWALAS. Section 1956 of title 18, United States Code, is amended by adding at the end the following: ``(j)(1) For the purposes of subsections (a)(1) and (a)(2), a transaction, transportation, transmission, or transfer of funds shall be considered to be one involving the proceeds of specified unlawful activity, if the transaction, transportation, transmission, or transfer is part of a set of parallel or dependent transactions, any one of which involves the proceeds of specified unlawful activity. ``(2) As used in this section, a `dependent transaction' is one that completes or complements another transaction or one that would not have occurred but for another transaction.''. SEC. 6. CLASSIFIED INFORMATION IN MONEY LAUNDERING PROCEEDINGS. Section 5318A of title 31, United States Code (as added by section 311 of the USA PATRIOT Act of 2001) is amended by adding at the end the following new subsection: ``(f) Classified Information.--In any judicial review of a finding of the existence of a primary money laundering concern, or the requirement for one or more special measures with respect to a primary money laundering concern, made under this section, if the designation or imposition or both were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or requirement imposed under this section.''. SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA PATRIOT ACT. (a) Technical Corrections.-- (1) Sections 5312(a)(3)(C) and 5324(b) of title 31 are amended by striking ``5333'' each time it appears and inserting ``5331''. (2) Section 322 of Public Law 107-56 is amended by striking ``title 18'' and inserting ``title 28''. (3) Section 5318(k)(1)(B) of title 31, United States Code, is amended by striking ``5318A(f)(1)(B)'' and inserting ``5318A(e)(1)(B)''. (4) Section 5332(a)(1) of title 31, United States Code, is amended by striking ``article of luggage'' and inserting ``article of luggage or mail''. (5) Section 1956(b)(3) and (4) of title 18, United States Code, are amended by striking ``described in paragraph (2)'' each time it appears; and (6) Section 981(k) of title 18, United States Code, is amended by striking ``foreign bank'' each time it appears and inserting ``foreign bank or financial institution''. (b) Codification of Section 316 of the USA PATRIOT Act.-- (1) Chapter 46 of title 18, United States Code, is amended-- (A) by inserting at the end the following: ``Sec. 987. Anti-terrorist forfeiture protection ``(a) Right to Contest.--An owner of property that is confiscated under this chapter or any other provision of law relating to the confiscation of assets of suspected international terrorists, may contest that confiscation by filing a claim in the manner set forth in the Federal Rules of Civil Procedure (Supplemental Rules for Certain Admiralty and Maritime Claims), and asserting as an affirmative defense that-- ``(1) the property is not subject to confiscation under such provision of law; or ``(2) the innocent owner provisions of section 983(d) apply to the case. ``(b) Evidence.--In considering a claim filed under this section, a court may admit evidence that is otherwise inadmissible under the Federal Rules of Evidence, if the court determines that the evidence is reliable, and that compliance with the Federal Rules of Evidence may jeopardize the national security interests of the United States. ``(c) Clarifications.-- ``(1) Protection of rights.--The exclusion of certain provisions of Federal law from the definition of the term `civil forfeiture statute' in section 983(i) shall not be construed to deny an owner of property the right to contest the confiscation of assets of suspected international terrorists under-- ``(A) subsection (a) of this section; ``(B) the Constitution; or ``(C) subchapter II of chapter 5 of title 5, United States Code (commonly known as the `Administrative Procedure Act'). ``(2) Savings clause.--Nothing in this section shall limit or otherwise affect any other remedies that may be available to an owner of property under section 983 or any other provision of law.''; and (B) in the chapter analysis, by inserting at the end the following: ``987. Anti-terrorist forfeiture protection.''. (2) Subsections (a), (b), and (c) of section 316 of Public Law 107-56 are repealed. (c) Conforming Amendments Concerning Conspiracies.-- (1) Section 33(a) of title 18, United States Code is amended by inserting ``or conspires'' before ``to do any of the foregoing''. (2) Section 1366(a) of title 18, United States Code, is amended-- (A) by striking ``attempts'' each time it appears and inserting ``attempts or conspires''; and (B) by inserting ``, or if the object of the conspiracy had been achieved,'' after ``the attempted offense had been completed''. SEC. 8. TECHNICAL CORRECTIONS TO FINANCING OF TERRORISM STATUTE. (a) Section 2339C(c)(2) of title 18, United States Code, is amended-- (1) by striking ``resources, or funds'' and inserting ``resources, or any funds or proceeds of such funds''; (2) in subparagraph (A), striking ``were provided'' and inserting ``are to be provided, or knowing that the support or resources were provided,''; and (3) in subparagraph (B)-- (A) by striking ``or any proceeds of such funds''; and (B) by striking ``were provided or collected'' and inserting ``are to be provided or collected, or knowing that the funds were provided or collected,''. (b) Section 2339C(e) is amended-- (1) by striking ``and'' at the end of paragraph (12); (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following new paragraph: ``(13) the term `material support or resources' has the same meaning as in section 2339A(b) of this title; and''. (c) Section 2332b(g)(5)(B) of title 18, United States Code, is amended by inserting ``)'' after ``2339C (relating to financing of terrorism''.

Combating Terrorism Financing Act of 2003 - Amends the International Emergency Economic Powers Act to increase penalties for violating a license, order, or regulation under the Act. Amends the Racketeer Influenced and Corrupt Organizations Act to expand its scope to include offenses relating to the financing of terrorism and violations of the Social Security Act relating to obtaining funds through the misuse of a social security number. Authorizes the Department of Homeland Security to investigate violations of money laundering and related offenses. Directs that a transaction or transfer of funds be considered to involve the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions involving such proceeds. Amends the Federal criminal code to: (1) provide for civil forfeiture to the United States of the assets of any individual or organization engaged in planning or perpetrating an act of international terrorism against any international organization or against any foreign government; and (2) establish procedures for contesting the confiscation of assets of suspected international terrorists. Amends the USA PATRIOT Act of 2001 to authorize the Secretary of the Treasury, in any judicial review of a finding of the existence of a primary money laundering concern the designation of which was based on classified information, to submit such information to the reviewing court ex parte and in camera.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Satellite Compulsory License Extension Act of 1994''. SEC. 2. STATUTORY LICENSE FOR SATELLITE CARRIERS. Section 119 of title 17, United States Code, is amended-- (1) in subsection (a)(2)(C)-- (A) by striking out ``90 days after the effective date of the Satellite Home Viewer Act of 1988, or''; (B) by striking out ``whichever is later,''; (C) by inserting ``name and'' after ``identifying (by'' each place it appears; and (D) by striking out ``, on or after the effective date of the Satellite Home Viewer Act of 1988,''; (2) in subsection (a)(5)-- (A) in subparagraph (C) by striking out ``the Satellite Home Viewer Act of 1988'' and inserting in lieu thereof ``this section''; and (B) by adding at the end thereof the following new subparagraphs: ``(D) Burden of proof.--In any action brought under this subsection, the satellite carrier shall have the burden of proof (in the case of a primary transmission by a network station) that a subscriber is an unserved household. ``(E) Signal intensity measurement; loser pays.-- ``(i) Grade b contour.--(I) Within the Grade B Contour, upon a challenge by a network affiliate regarding whether a subscriber is an unserved household, the satellite carrier shall-- ``(aa) deauthorize service to that household; or ``(bb) conduct a measurement of the signal intensity of the subscriber's household to determine whether the household is unserved. ``(II) If the carrier conducts a signal intensity measurement under subclause (I) and the measurement indicates that-- ``(aa) the household is not an unserved household, the carrier shall immediately deauthorize the service to that household; or ``(bb) the household is an unserved household, the affiliate challenging the service shall reimburse the carrier for the costs of the signal measurement, within 45 days after receipt of the measurement results and a statement of the costs. ``(III)(aa) Notwithstanding subclause (II), a carrier may not be required to test in excess of 5 percent of the subscribers that have subscribed to service before the effective date of the Satellite Compulsory License Extension Act of 1994, within any market during a calendar year. ``(bb) If a network affiliate challenges whether a subscriber is an unserved household in excess of the 5 percent of the subscribers within any market, the affiliate may conduct its own signal intensity measurement. If such measurement indicates that the household is not an unserved household, the carrier shall immediately deauthorize service to that household and reimburse the affiliate, within 45 days after receipt of the measurement and a statement of costs. ``(ii) Outside the grade b contour.--(I) Outside the Grade B Contour, if a network affiliate challenges whether a subscriber is an unserved household the affiliate shall conduct a signal intensity measurement of the subscriber's household to determine whether the household is unserved. ``(II) If the affiliate conducts a signal intensity measurement under subclause (I) and the measurement indicates that-- ``(aa) the household is not an unserved household, the affiliate shall forward the results to the carrier who shall immediately deauthorize service to the household, and reimburse the affiliate within 45 days after receipt of the results and a statement of the costs; or ``(bb) the household is an unserved household, the affiliate shall pay the costs of the measurement. ``(iii) Recovery of measurement costs in a civil action.--In any civil action filed relating to the eligibility of subscribing households, a challenging affiliate shall reimburse a carrier for any signal intensity measurement that indicates the household is an unserved household.''; (3) in subsection (b)(1)(B)-- (A) in clause (i) by striking out ``12 cents'' and inserting in lieu thereof ``17.5 cents per subscriber in the case of superstations not subject to syndicated exclusivity under the regulations of the Federal Communications Commission, and 14 cents per subscriber in the case of superstations subject to such syndicated exclusivity''; and (B) in clause (ii) by striking out ``3'' and inserting in lieu thereof ``6''; (4) in subsection (c)-- (A) in the heading for paragraph (1) by striking out ``Determination'' and inserting in lieu thereof ``Adjustment''; (B) in paragraph (1)-- (i) by striking out ``December 31, 1992, unless''; and (ii) by striking out ``After that date,'' and inserting in lieu thereof ``All adjustments of''; (C) in paragraph (2)-- (i) in subparagraph (A) by striking out ``July 1, 1991,'' and inserting in lieu thereof ``January 1, 1996,''; and (ii) in subparagraph (D) by striking out ``until December 31, 1994'' and inserting in lieu thereof ``in accordance with the terms of the agreement''; and (D) in paragraph (3)(A) by striking out ``December 31, 1991,'' and inserting in lieu thereof ``July 1, 1996,''; and (5) in subsection (d)-- (A) by amending paragraph (2) to read as follows: ``(2) Network station.--The term `network station' means-- ``(A) a television broadcast station, including any translator station or terrestrial satellite station that rebroadcasts all or substantially all of the programming broadcast by a network station, that is owned or operated by, or affiliated with, one or more of the television networks in the United States which offer an interconnected program service on a regular basis for 15 or more hours per week to at least 25 of its affiliated television licensees in 10 or more States; or ``(B) any noncommercial educational station, as defined in section 111(f) of this title, that is a member of the public broadcasting service.''; and (B) in paragraph (6) by inserting ``and operates in the Fixed Satellite Service under part 25 of title 47 of the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of the Code of Federal Regulations,'' after ``Commission,''. SEC. 3. CABLE COMPULSORY LICENSE. Section 111(f) of title 17, United States Code, is amended-- (1) in the paragraph relating to the definition of ``cable system'' by striking out ``wires, cables'' and inserting in lieu thereof ``wires, microwave, cables''; and (2) in the paragraph relating to the definition of ``local service area of a primary transmitter''-- (A) by striking out ``comprises the area'' and inserting in lieu thereof ``comprises either the area''; and (B) by inserting after ``April 15, 1976,'' the following: ``or such station's television market as defined in section 76.55(e) of title 47, Code of Federal Regulations (as in effect on September 18, 1993), or any subsequent modifications to such television market made pursuant to section 76.55(e) or 76.59 of title 47 of the Code of Federal Regulations,''. SEC. 4. TERMINATION. (a) Expiration of Amendments.--Section 119 of title 17, United States Code, as amended by section 2 of this Act, ceases to be effective on December 31, 1999. (b) Technical and Conforming Amendment.--Section 207 of the Satellite Home Viewer Act of 1988 (17 U.S.C. 119 note) is repealed. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided under subsection (b), the provisions of this Act and amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Burden of Proof Provisions.--The provisions of section 119(a)(5)(D) of title 17, United States Code, (as added by section 2(2)(B) of this Act) relating to the burden of proof of satellite carriers, shall take effect on January 1, 1997, with respect to civil actions relating to the eligibility of subscribers who subscribed to service as an unserved household before the date of the enactment of this Act. Passed the Senate May 18 (legislative day, May 16), 1994. Attest: MARTHA S. POPE, Secretary.

Satellite Home Viewer Act of 1994 - Amends copyright law with respect to satellite carrier compulsory licenses to require the subscriber information list submitted by a satellite carrier that makes secondary transmissions of a primary transmission by a network station to include the names of the subscribers. (Sec. 2) Provides that in any action relating to the violation of territorial restrictions on statutory license for network stations the satellite carrier shall have the burden of proving that its secondary transmission is for private home viewing to an unserved household. Revises: (1) the formula used by the satellite carrier to compute the royalty fee to be deposited semiannually with the Register of Copyrights to increase the fees for secondary transmissions subject to statutory licensing; and (2) dates and procedures regarding the adjustment of such royalty fee. Requires a copyright royalty arbitration panel, in determining such fees, to establish a rate for the secondary transmission of network stations and superstations that reflects the fair market value of such transmissions. Directs the panel to base its decision upon economic, competitive, and programming information presented by the parties and to take into account the competitive environment in which such programming is distributed. Provides that, upon a challenge by a network station regarding whether a subscriber is an unserved household, a satellite carrier shall terminate service to the household and notify the network station of such termination or conduct a measurement of the signal intensity of the subscribers's household to determine whether the household is unserved and, if so, terminate service. Requires the challenging station to reimburse a carrier for any signal intensity measurement that indicates the household is an unserved household. Revises the definition of a "network station" for purposes of cable and satellite carrier compulsory license provisions to be: (1) a television broadcast station owned or operated by, or affiliated with, one or more of the U.S. television networks which offer an interconnected program service on a regular basis for 15 or more hours per week to at least 25 of its affiliated television licensees in ten or more States; or (2) any noncommercial educational station. Revises the definition of: (1) "satellite carrier" to specify that such a carrier operates in the Fixed Satellite Service or the Direct Broadcast Satellite Service; (2) "cable system" to include a facility that makes secondary transmissions of broadcast signals by microwave cables; and (3) "local service area of a primary transmitter" (in the case of a television broadcast station) to comprise either the area of which such station is entitled to insist upon its signal being retransmitted by a cable system pursuant to the rules, regulations, and authorizations of the Federal Communications Commission in effect on April 15, 1976, such station's television market (as in effect on September 18, 1993), or any subsequent modifications to such television market. (Sec. 4) Terminates the provisions of section 2 of this Act on December 31, 1999.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Physical Fitness and Sports Foundation Establishment Act''. SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION. (a) Establishment.--There is established the National Physical Fitness and Sports Foundation (hereinafter in this Act referred to as the ``Foundation''). The Foundation shall be a charitable and not for profit corporation and shall not be an agency or establishment of the United States. The Foundation shall be established as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and shall be presumed, for purposes of such Code, to be such an organization until the Secretary of the Treasury determines that the Foundation does not meet the requirements applicable to such an organization. Section 508(a) of such Code does not apply to the Foundation. (b) Purposes.--It is the purpose of the Foundation to-- (1) in conjunction with the President's Council on Physical Fitness and Sports, develop a list and description of programs, events and other activities which would further the goals outlined in Executive Order 12345 and with respect to which combined private and governmental efforts would be beneficial; and (2) encourage and promote the participation by private organizations in the activities referred to in subsection (b)(1) and to encourage and promote private gifts of money and other property to support those activities. (c) Disposition of Money and Property.--At least annually the Foundation shall transfer, after the deduction of the administrative expenses of the Foundation, the balance of any contributions received for the activities referred to in subsection (b), to the Public Health Service Gift Fund pursuant to section 231 of the Public Health Service Act (42 U.S.C. 238) for expenditure pursuant to the provisions of that section and consistent with the purposes for which the funds were donated. SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION. (a) Establishment and Membership.-- (1) In general.--The Foundation shall have a governing Board of Directors (hereinafter referred to in this Act as the ``Board''), which shall consist of nine Directors, to be appointed not later than 90 days after the date of enactment of this Act, each of whom shall be a United States citizen and-- (A) three of whom must be knowledgeable or experienced in one or more fields directly connected with physical fitness, sports or the relationship between health status and physical exercise; and (B) six of whom must be leaders in the private sector with a strong interest in physical fitness, sports or the relationship between health status and physical exercise (one of which shall be a representative of the United States Olympic Committee). The membership of the Board, to the extent practicable, shall represent diverse professional specialties relating to the achievement of physical fitness through regular participation in programs of exercise, sports and similar activities. (2) Ex officio members.--The Assistant Secretary for Health, the Executive Director of the President's Council on Physical Fitness and Sports, the Director for the National Center for Chronic Disease Prevention and Health Promotion, the Director of the National Heart, Lung, and Blood Institute and the Director for the Centers for Disease Control and Prevention shall serve as ex officio, nonvoting members of the Board. (3) Not federal employment.--Appointment to the Board or serving as a member of the staff of the Board shall not constitute employment by, or the holding of an office of, the United States for the purposes of any Federal employment or other law. (b) Appointment and Terms.-- (1) Appointment.--Of the members of the Board appointed under subsection (a)(1), three shall be appointed by the Secretary of Health and Human Services (hereinafter referred to in this Act as the ``Secretary''), two shall be appointed by the Majority Leader of the Senate, one shall be appointed by the Minority Leader of the Senate, two shall be appointed by the Speaker of the House of representatives, and one shall be appointed by the Minority Leader of the House of Representatives. The three members appointed by the Secretary shall include the representative of the United States Olympic Committee. (2) Terms.--Members appointed to the Board under subsection (a)(1) shall serve for a term of 6 years. A vacancy on the Board shall be filled within 60 days of the date on which such vacancy occurred in the manner in which the original appointment was made. A member appointed to fill a vacancy shall serve for the balance of the term of the individual who was replaced. No individual may serve more than two consecutive terms as a Director. (c) Chairperson.--A Chairperson shall be elected by the Board from among its members and serve for a 2-year term. The Chairperson shall not be limited in terms or service. The Chairman of the President's Council on Physical Fitness shall serve as Chairperson until a Chairperson is elected by the Board. (d) Quorum.--A majority of the sitting members of the Board shall constitute a quorum for the transaction of business. (e) Meetings.--The Board shall meet at the call of the Chairperson, but in no event less than once each year. If a Director misses three consecutive regularly scheduled meetings, that individual may be removed from the Board and the vacancy filled in accordance with subsection (b)(2). (f) Reimbursement of Expenses.--The members of the Board shall serve without pay. The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. (g) General Powers.-- (1) Organization.--The Board may complete the organization of the Foundation by-- (A) appointing officers and employees; (B) adopting a constitution and bylaws consistent with the purposes of the Foundation and the provision of this Act; and (C) undertaking such other acts as may be necessary to carry out the provisions of this Act. In establishing bylaws under this paragraph, the Board shall provide for policies with regard to financial conflicts of interest and ethical standards for the acceptance, solicitation and disposition of donations and grants to the Foundation. (2) Limitations on officers and employees.--The following limitations apply with respect to the appointment of officers and employees of the Foundation: (A) Officers and employees may not be appointed until the Foundation has sufficient funds to compensate such individuals for their service. No individual so appointed may receive pay in excess of the annual rate of basic pay in effect for Executive Level V in the Federal service. (B) The first officer or employee appointed by the Board shall be the secretary of the Board who-- (i) shall serve, at the direction of the Board, as its chief operating officer; and (ii) shall be knowledgeable and experienced in matters relating to physical fitness and sports. (C) No Public Health Service employee nor the spouse or dependent relative of such an employee may serve as an officer or member of the Board of Directors or as an employee of the Foundation. (D) Any individual who is an officer, employee, or member of the Board of the Foundation may not (in accordance with the policies developed under paragraph (1)(B)) personally or substantially participate in the consideration or determination by the Foundation of any matter that would directly or predictably affect any financial interest of the individual or a relative (as such term is defined in section 109(16) of the Ethics in Government Act of 1978) of the individual, of any business organization or other entity, or of which the individual is an officer or employee, or is negotiating for employment, or in which the individual has any other financial interest. SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. (a) In General.--The Foundation-- (1) shall have perpetual succession; (2) may conduct business throughout the several States, territories, and possessions of the United States; (3) shall locate its principal offices in or near the District of Columbia; and (4) shall at all times maintain a designated agent authorized to accept service of process for the Foundation. The serving of notice to, or service of process upon, the agent required under paragraph (4), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation. (b) Seal.--The Foundation shall have an official seal selected by the Board which shall be judicially noticed. (c) Powers.--To carry out the purposes under section 2, the Foundation shall have the usual powers of a corporation acting as a trustee in the District of Columbia, including the power-- (1) except as otherwise provided herein, to accept, receive, solicit, hold, administer and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein; (2) to acquire by purchase or exchange any real or personal property or interest therein; (3) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain or otherwise dispose of any property or income therefrom; (4) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except for gross negligence; (5) to enter into contracts or other arrangements with public agencies and private organizations and persons and to make such payments as may be necessary to carry out its functions; and (6) to do any and all acts necessary and proper to carry out the purposes of the Foundation. For purposes of this Act, an interest in real property shall be treated as including, among other things, easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational or recreational resources. A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation. SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES. (a) Protection.--Without the consent of the Foundation, in conjunction with the President's Council on Physical Fitness and Sports, any person who uses for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance or competition-- (1) the official seal of the President's Council on Physical Fitness and Sports consisting of the eagle holding an olive branch and arrows with shield breast encircled by name ``President's Council on Physical Fitness and Sports''; (2) the official seal of the Foundation; (3) any trademark, trade name, sign, symbol or insignia falsely representing association with or authorization by the President's Council on Physical Fitness and Sports or the Foundation; shall be subject in a civil action by the Foundation for the remedies provided for in the Act of July 9, 1946 (60 Stat. 427; commonly known as the Trademark Act of 1946). (b) Uses.--The Foundation, in conjunction with the President's Council on Physical Fitness and Sports, may authorize contributors and suppliers of goods or services to use the trade name of the President's Council on Physical Fitness and Sports and the Foundation, as well as any trademark, seal, symbol, insignia, or emblem of the President's Council on Physical Fitness and Sports or the Foundation, in advertising that the contributions, goods or services when donated, supplied, or furnished to or for the use of, approved, selected, or used by the President's Council on Physical Fitness and Sports or the Foundation. SEC. 6. VOLUNTEER STATUS. The Foundation may accept, without regard to the civil service classification laws, rules, or regulations, the services of volunteers in the performance of the functions authorized herein, in the same manner as provided for under section 7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)). SEC. 7. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL FOR EQUITABLE RELIEF. (a) Audits.--For purposes of Public Law 88-504 (36 U.S.C. 1101 et seq.), the Foundation shall be treated as a private corporation under Federal law. The Inspector General of the Department of Health and Human Services and the Comptroller General of the United States shall have access to the financial and other records of the Foundation, upon reasonable notice. (b) Report.--The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Secretary and to Congress a report of its proceedings and activities during such year, including a full and complete statement of its receipts, expenditures, and investments. (c) Relief With Respect to Certain Foundation Acts or Failure To Act.--If the Foundation-- (1) engages in, or threatens to engage in, any act, practice or policy that is inconsistent with the purposes described in section 2(b); or (2) refuses, fails, or neglects to discharge its obligations under this Act, or threaten to do so; the Attorney General may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate. Passed the Senate September 25, 1996. Attest: Secretary. 104th CONGRESS 2d Session S. 1311 _______________________________________________________________________ AN ACT To establish a National Physical Fitness and Sports Foundation to carry out activities to support and supplement the mission of the President's Council on Physical Fitness and Sports, and for other purposes.

National Physical Fitness and Sports Foundation Establishment Act - Establishes the National Physical Fitness and Sports Foundation as a charitable and not for profit corporation to promote participation by private organizations in the activities of the President's Council on Physical Fitness and Sports.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Monument Designation Transparency and Accountability Act of 2011''. SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONUMENTS. Section 2 of the Act of June 8, 1906 (commonly known as the ``Antiquities Act of 1906'') (16 U.S.C. 431) is amended-- (1) by striking ``sec. 2. That the President'' and inserting the following: ``SEC. 2. DESIGNATION OF NATIONAL MONUMENTS. ``(a) In General.--Subject to the requirements of this section, the President''; (2) by striking ``Provided, That when such objects are situated upon'' and inserting the following: ``(b) Relinquishment of Private Claims.--In cases in which an object described in subsection (a) is located on''; (3) in subsection (a) (as designated by paragraph (1)), by striking ``compatible with the proper care and mangagement of the objects to be protected:'' and inserting ``necessary to ensure the proper care and mangagement of the objects to be protected.''; and (4) by adding at the end the following: ``(c) Requirements for Designation of National Monuments.-- ``(1) In general.--The President may not issue a proclamation to designate a national monument under subsection (a) before the date that is 30 days after the date on which the President provides the proposed proclamation to-- ``(A) Congress; and ``(B) the Governor of each State, the chief elected official of each unit of local government, and the governing entity of each tribal government with jurisdiction over any parcel of land located within the boundary of the proposed national monument. ``(2) Public participation.-- ``(A) Public hearing requirement.-- ``(i) In general.--Subject to clause (v), not later than 90 days after the date on which the President issues a proclamation under subsection (a), the Secretary of the Interior (referred to in this section as the `Secretary') shall hold at least 1 public hearing within a county or comparable unit of local government, any part of which is located within the boundary of the proposed national monument. ``(ii) Notice.--Not later than 30 days before a public hearing is to be held under clause (i), the Secretary shall provide notice of the hearing to the public, including by publishing a notice in local newspapers and sending a written notice to stakeholders of the appropriate National Forest or Bureau of Land Management district. ``(iii) Participation; comments.--The Secretary shall-- ``(I) ensure that all interested individuals are afforded an opportunity to participate in a hearing held under clause (i); ``(II) solicit comments from the public at the hearing; and ``(III) enter into the record all comments received at, or related to, the hearing. ``(iv) Availability of record.-- ``(I) In general.--As soon as practicable after the date of a hearing held under clause (i), the Secretary shall make the record of the hearing (including a transcript of the hearing) available to the public on the Internet or by other electronic means. ``(II) Components.--The Secretary shall ensure that any components of the record of the hearing that are completed before the entire record is finalized are made available on completion of each of the components. ``(v) Waiver.--The Secretary may decline to hold a public hearing under clause (i) if each unit of local government and tribal government within the boundary of the proposed national monument expressly waives the right to a hearing. ``(B) Notice and comment period requirement.--Not later than 30 days after the date on which the President issues a proclamation under subsection (a), the Secretary shall initiate a notice and comment period to receive comments from the public regarding the proclamation. ``(C) Report.-- ``(i) Contents.--Not later than 1 year after the date on which the President issues a proclamation designating a national monument under subsection (a), the President shall submit to Congress a report that includes-- ``(I) an analysis of the economic impact of the designation on the communities within the boundary of the national monument, including an estimate of the tax revenues that would be lost to, or gained by, the Federal Government and State and local governments as a result of the designation; ``(II) an analysis of the impact the designation would have on energy security, including-- ``(aa) an analysis of the effects of the loss of sites to produce wind, geothermal, or solar energy; and ``(bb) an estimate of the number of barrels of oil, tons of coal, or cubic feet of natural gas that would become unavailable as a result of the proclamation; ``(III) the projected impact of the designation on interests, rights, and uses associated with the parcels of land within the boundary of the national monument (including water rights, hunting, grazing, timber production, vegetation manipulation to maintain forest health, off-road vehicle use, hiking, horseback riding, and mineral and energy leases, claims, and permits); ``(IV) the record of any hearings held under subparagraph (A); and ``(V) any written comments received during the notice and comment period under subparagraph (B). ``(ii) Required coordination.--The preparation of the report under clause (i) shall be coordinated with the governing bodies described in section 210 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1720). ``(iii) Publication.--The President shall ensure that there is published on the White House website-- ``(I) during the period in which the report prepared under clause (i) is being compiled, each component of the report that is completed, on completion of the component; and ``(II) on submission of the report to Congress, the completed report. ``(D) Implementation guidelines.--The Secretary, in cooperation with the States, shall develop and publish guidelines to provide for the implementation of this paragraph. ``(3) Congressional approval of proclamation.-- ``(A) Approval required.--A proclamation issued under subsection (a) shall cease to be effective on the date that is 2 years after the date on which the President issued the proclamation, unless the proclamation is approved by an Act of Congress on or before the last day of that 2-year period. ``(B) Management of land before approval.--During the period beginning on the date of issuance of a proclamation under subsection (a) and the date of approval of the proclamation under subparagraph (A), the President shall ensure that any restriction placed on land and interests, rights, or uses associated with the parcels of land designated as a national monument (including water rights, hunting, grazing, timber production, vegetation manipulation to maintain forest health, off-road vehicle use, hiking, horseback riding, and mineral and energy leases, claims, and permits) is narrowly tailored and necessary for the proper care and management of the objects to be protected. ``(C) Effect of nonapproval.--If Congress does not approve a proclamation to designate a national monument under subparagraph (A), any reservation of land made by the proclamation, and any restriction imposed as a result of the proclamation on interests, rights, or uses associated with the parcels of land, shall cease to be effective on the date that is 2 years after the date of the issuance of the proclamation. ``(D) Prohibition on repeat proclamations.--The President may not issue a proclamation that is substantially similar to a proclamation previously issued under subsection (a) that Congress has not approved under subparagraph (A). ``(d) Limitation on Restrictions.--The President shall ensure that any restriction placed on land and interests, rights, or uses associated with the parcels of land designated as a national monument by a proclamation issued under this section is narrowly tailored and necessary to ensure the proper care and management of the objects to be protected. ``(e) Effect on Certain States.--Nothing in this section affects-- ``(1) the limitations on designations in the State of Alaska under section 906(j)(5) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(j)(5)); or ``(2) the limitations on designations in the State of Wyoming under the proviso of the last sentence of the first section of the Act of September 14, 1950 (64 Stat. 849, chapter 950; 16 U.S.C. 431a).''.

National Monument Designation Transparency and Accountability Act of 2011 - Amends the Antiquities Act of 1906 to require land reserved as part of a national monument to be confined to the smallest area necessary to ensure the proper care and management of the objects to be protected by the monument. Sets forth requirements for the designation of national monuments under the Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Employment Authorization Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) employment of private security officers in the United States is growing rapidly; (2) private security officers function as an adjunct to, but not a replacement for, public law enforcement by helping to reduce and prevent crime; (3) such private security officers protect individuals, property, and proprietary information, and provide protection to such diverse operations as banks, hospitals, research and development centers, manufacturing facilities, defense and aerospace contractors, high technology businesses, nuclear power plants, chemical companies, oil and gas refineries, airports, communication facilities and operations, office complexes, schools, residential properties, apartment complexes, gated communities, and others; (4) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are supplemented by private security officers; (5) the threat of additional terrorist attacks requires cooperation between public and private sectors and demands professional, reliable, and responsible security officers for the protection of people, facilities, and institutions; (6) the trend in the Nation toward growth in such security services has accelerated rapidly; (7) such growth makes available more public sector law enforcement officers to combat serious and violent crimes, including terrorism; (8) the American public deserves the employment of qualified, well-trained private security personnel as an adjunct to sworn law enforcement officers; and (9) private security officers and applicants for private security officer positions should be thoroughly screened and trained. SEC. 3. DEFINITIONS. In this Act: (1) Employee.--The term ``employee'' includes both a current employee and an applicant for employment as a private security officer. (2) Authorized employer.--The term ``authorized employer'' means any person that-- (A) employs private security officers; and (B) is authorized by regulations promulgated by the Attorney General to request a criminal history record information search of an employee through a State identification bureau pursuant to this section. (3) Private security officer.-- The term ``private security officer''-- (A) means an individual other than an employee of a Federal, State, or local government, whose primary duty is to perform security services, full- or part-time, for consideration, whether armed or unarmed and in uniform or plain clothes; but (B) does not include-- (i) employees whose duties are primarily internal audit or credit functions; (ii) employees of electronic security system companies acting as technicians or monitors; or (iii) employees whose duties primarily involve the secure movement of prisoners. (4) Security services.--The term ``security services'' means acts to protect people or property as defined by regulations promulgated by the Attorney General. (5) State identification bureau.--The term ``State identification bureau'' means the State entity designated by the Attorney General for the submission and receipt of criminal history record information. SEC. 4. CRIMINAL HISTORY RECORD INFORMATION SEARCH. (a) In General.-- (1) Submission of fingerprints.--An authorized employer may submit to the State identification bureau of a participating State, fingerprints or other means of positive identification, as determined by the Attorney General, of an employee of such employer for purposes of a criminal history record information search pursuant to this Act. (2) Employee rights.-- (A) Permission.--An authorized employer shall obtain written consent from an employee to submit to the State identification bureau of a participating State the request to search the criminal history record information of the employee under this Act. (B) Access.--An authorized employer shall provide to the employee confidential access to any information relating to the employee received by the authorized employer pursuant to this Act. (3) Providing information to the state identification bureau.--Upon receipt of a request for a criminal history record information search from an authorized employer pursuant to this Act, submitted through the State identification bureau of a participating State, the Attorney General shall-- (A) search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation; and (B) promptly provide any resulting identification and criminal history record information to the submitting State identification bureau requesting the information. (4) Use of information.-- (A) In general.--Upon receipt of the criminal history record information from the Attorney General by the State identification bureau, the information shall be used only as provided in subparagraph (B). (B) Terms.--In the case of-- (i) a participating State that has no State standards for qualification to be a private security officer, the State shall notify an authorized employer as to the fact of whether an employee has been convicted of a felony, an offense involving dishonesty or a false statement if the conviction occurred during the previous 10 years, or an offense involving the use or attempted use of physical force against the person of another if the conviction occurred during the previous 10 years; or (ii) a participating State that has State standards for qualification to be a private security officer, the State shall use the information received pursuant to this Act in applying the State standards and shall only notify the employer of the results of the application of the State standards. (5) Frequency of requests.--An authorized employer may request a criminal history record information search for an employee only once every 12 months of continuous employment by that employee unless the authorized employer has good cause to submit additional requests. (b) Regulations.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue such final or interim final regulations as may be necessary to carry out this Act, including-- (1) measures relating to the security, confidentiality, accuracy, use, submission, dissemination, destruction of information and audits, and recordkeeping; (2) standards for qualification as an authorized employer; and (3) the imposition of reasonable fees necessary for conducting the background checks. (c) Criminal Penalty.--Whoever falsely certifies that he meets the applicable standards for an authorized employer or who knowingly and intentionally uses any information obtained pursuant to this Act other than for the purpose of determining the suitability of an individual for employment as a private security officer shall be fined under title 18, United States Code, or imprisoned for not more than 2 years, or both. (d) User Fees.-- (1) In general.--The Director of the Federal Bureau of Investigation may-- (A) collect fees to process background checks provided for by this Act; and (B) establish such fees at a level to include an additional amount to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs. (2) Limitations.-- (A) In general.--Any fee collected under this subsection shall be subject to the provisions of section 605 of division B of Public Law 108-7, with respect to the expenditure of fees. (B) Effective date.--This paragraph shall take effect on the date that is 180 days after the date of issuance of regulations under subsection (b). (3) State costs.--Nothing in this Act shall be construed as restricting the right of a State to assess a reasonable fee on an authorized employer for the costs to the State of administering this Act. (e) State Opt Out.--A State may decline to participate in the background check system authorized by this Act by enacting a law or issuing an order by the Governor (if consistent with State law) providing that the State is declining to participate pursuant to this subsection.

Private Security Officer Employment Authorization Act of 2003 - Permits an authorized employer of private security officers to submit to a participating State's identification bureau fingerprints or other means of positive identification (as determined by the Attorney General) of an employee for purposes of a criminal history record information search. Requires the employer to: (1) obtain an employee's written consent; and (2) provide to the employee confidential access to any information received.Directs the Attorney General, upon receipt of such a request submitted through a State identification bureau, to search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) and to provide any resulting identification and criminal history information.Sets forth provisions regarding permissible uses of the information and the frequency of requests. Prescribes criminal penalties for falsely certifying compliance with applicable employer standards or for intentionally using information obtained for purposes other than determining suitability for employment as a private security officer.Authorizes: (1) the FBI Director to collect fees to process such background checks; (2) a State to assess a fee on an employer for the costs of administering this Act; and (3) a State to opt out from participation in such background check system.

SECTION 1. ESTABLISHMENT OF TOLL FREE NUMBER PILOT PROGRAM. (a) Establishment.--If the Secretary of Commerce determines, on the basis of comments submitted in rulemaking under section 2, that-- (1) interest among manufacturers is sufficient to warrant the establishment of a 3-year toll free number pilot program, and (2) manufacturers will provide fees under section 2(c) so that the program will operate without cost to the Federal Government, the Secretary shall establish such program solely to help inform consumers whether a product is ``Made in America''. The Secretary shall publish the toll-free number by notice in the Federal Register. (b) Contract.--The Secretary of Commerce shall enter into a contract for-- (1) the establishment and operation of the toll free number pilot program provided for in subsection (a), and (2) the registration of products pursuant to regulations issued under section 2, which shall be funded entirely from fees collected under section 2(c). (c) Use.--The toll free number shall be used solely to inform consumers as to whether products are registered under section 2 as ``Made in America''. Consumers shall also be informed that registration of a product does not mean-- (1) that the product is endorsed or approved by the Government, (2) that the Secretary has conducted any investigation to confirm that the product is a product which meets the definition of ``Made in America'' in section 4 of this Act, or (3) that the product contains 100 percent United States content. SEC. 2. REGISTRATION. (a) Proposed Regulation.--The Secretary of Commerce shall propose a regulation-- (1) to establish a procedure under which the manufacturer of a product may voluntarily register such product as complying with the definition of ``Made in America'' in section 4 of this Act and have such product included in the information available through the toll free number established under section 1(a); (2) to establish, assess, and collect a fee to cover all the costs (including start-up costs) of registering products and including registered products in information provided under the toll-free number; (3) for the establishment under section 1(a) of the toll- free number pilot program; and (4) to solicit views from the private sector concerning the level of interest of manufacturers in registering products under the terms and conditions of paragraph (1). (b) Promulgation.--If the Secretary determines based on the comments on the regulation proposed under subsection (a) that the toll- free number pilot program and the registration of products is warranted, the Secretary shall promulgate such regulation. (c) Registration Fee.-- (1) In general.--Manufacturers of products included in information provided under section 1 shall be subject to a fee imposed by the Secretary of Commerce to pay the cost of registering products and including them in information provided under subsection (a). (2) Amount.--The amount of fees imposed under paragraph (1) shall-- (A) in the case of a manufacturer, not be greater than the cost of registering the manufacturer's product and providing product information directly attributable to such manufacturer, and (B) in the case of the total amount of fees, not be greater than the total amount appropriated to the Secretary of Commerce for salaries and expenses directly attributable to registration of manufacturers and having products included in the information provided under section 1(a). (3) Crediting and availability of fees.-- (A) In general.--Fees collected for a fiscal year pursuant to paragraph (1) shall be credited to the appropriation account for salaries and expenses of the Secretary of Commerce and shall be available in accordance with appropriation Acts until expended without fiscal year limitation. (B) Collections and appropriation acts.--The fees imposed under paragraph (1)-- (i) shall be collected in each fiscal year in an amount equal to the amount specified in appropriation Acts for such fiscal year, and (ii) shall only be collected and available for the costs described in paragraph (2). SEC. 3. PENALTY. Any manufacturer of a product who knowingly registers a product under section 2 which is not ``Made in America''-- (1) shall be subject to a civil penalty of not more than $7500 which the Secretary of Commerce may assess and collect, and (2) shall not offer such product for purchase by the Federal Government. SEC. 4. DEFINITION. For purposes of this Act: (1) The term ``Made in America'' has the meaning given unqualified ``Made in U.S.A.'' or ``Made in America'' claims for purposes of laws administered by the Federal Trade Commission. (2) The term ``product'' means a product with a retail value of at least $250. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or in any regulation promulgated under section 2 shall be construed to alter, amend, modify, or otherwise affect in any way, the Federal Trade Commission Act or the opinions, decisions, rules, or any guidance issued by the Federal Trade Commission regarding the use of unqualified ``Made in U.S.A.'' or ``Made in America'' claims in labels on products introduced, delivered for introduction, sold, advertised, or offered for sale in commerce. Passed the House of Representatives October 5, 1998. Attest: Clerk.

Directs the Secretary of Commerce, if the Secretary determines that there is sufficient manufacturer interest and that manufacturers will provide fees so the program will operate without Federal Government cost, to establish a toll-free number pilot program solely to help inform consumers whether a product with a retail value of at least $250 is made in America. Requires the Secretary to contract for the establishment and operation of such pilot program. Requires consumers to be informed that registration does not mean that: (1) the product is endorsed or approved by the Government; (2) the Secretary has conducted any investigation to confirm that the product meets the definition of this Act of American made; or (3) the product contains 100 percent U.S. content. (Sec. 2) Directs the Secretary to propose regulations to: (1) establish a voluntary product registration procedure; (2) establish and collect a fee to cover registration costs; (3) establish the pilot program; and (4) assess manufacturer interest in the program. Imposes civil monetary penalties for knowingly registering a product that is not American made.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Production Expansion Act of 2013''. SEC. 2. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF GEOTHERMAL RESOURCES. Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amended by adding at the end the following: ``(4) Adjoining land.-- ``(A) Definitions.--In this paragraph: ``(i) Fair market value per acre.--The term `fair market value per acre' means a dollar amount per acre that-- ``(I) except as provided in this clause, shall be equal to the market value per acre (taking into account the determination under subparagraph (B)(iii) regarding a valid discovery on the adjoining land) as determined by the Secretary under regulations issued under this paragraph; ``(II) shall be determined by the Secretary with respect to a lease under this paragraph, by not later than the end of the 180-day period beginning on the date the Secretary receives an application for the lease; and ``(III) shall be not less than the greater of-- ``(aa) 4 times the median amount paid per acre for all land leased under this Act during the preceding year; or ``(bb) $50. ``(ii) Industry standards.--The term `industry standards' means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce energy from geothermal resources, as determined through flow or injection testing or measurement of lost circulation while drilling. ``(iii) Qualified federal land.--The term `qualified Federal land' means land that is otherwise available for leasing under this Act. ``(iv) Qualified geothermal professional.-- The term `qualified geothermal professional' means an individual who is an engineer or geoscientist in good professional standing with at least 5 years of experience in geothermal exploration, development, or project assessment. ``(v) Qualified lessee.--The term `qualified lessee' means a person that may hold a geothermal lease under this Act (including applicable regulations). ``(vi) Valid discovery.--The term `valid discovery' means a discovery of a geothermal resource by a new or existing slim hole or production well, that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards. ``(B) Authority.--An area of qualified Federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre, if-- ``(i) the area of qualified Federal land-- ``(I) consists of not less than 1 acre and not more than 640 acres; and ``(II) is not already leased under this Act or nominated to be leased under subsection (a); ``(ii) the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause (iii)(I); and ``(iii) sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable Federal land management agency that would lead individuals who are experienced in the subject matter to believe that-- ``(I) there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources; and ``(II) that thermal feature extends into the adjoining areas. ``(C) Determination of fair market value.-- ``(i) In general.--The Secretary shall-- ``(I) publish a notice of any request to lease land under this paragraph; ``(II) determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the Secretary; ``(III) provide to a qualified lessee and publish, with an opportunity for public comment for a period of 30 days, any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph; and ``(IV) provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable Federal land management agency, in accordance with applicable law (including regulations). ``(ii) Limitation on nomination.--After publication of a notice of request to lease land under this paragraph, the Secretary may not accept under subsection (a) any nomination of the land for leasing unless the request has been denied or withdrawn. ``(iii) Annual rental.--For purposes of section 5(a)(3), a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale. ``(D) Regulations.--Not later than 270 days after the date of enactment of the Geothermal Production Expansion Act of 2013, the Secretary shall issue regulations to carry out this paragraph.''. Passed the Senate July 9, 2014. Attest: NANCY ERICKSON, Secretary.

(This measure has not been amended since it was passed by the Senate on July 9, 2014. Geothermal Production Expansion Act of 2013 - Amends the Geothermal Steam Act of 1970 to allow the Department of the Interior to award noncompetitive leases on up to 640 acres of federal land for geothermal development if: (1) the land is available for leasing and not already leased or nominated to be leased, (2) the lessee has a legal right to develop geothermal resources on land adjacent to the federal land that will be leased, (3) sufficient data was submitted to Interior to show there is a valid discovery of geothermal resources on the adjacent land and that the thermal feature extends into the adjoining federal land, and (4) the lessee has not previously received a noncompetitive lease for the discovery. Requires Interior to lease the land at fair market value, publish a notice of any lease requests, and provide review of the final determination of fair market value. Requires lessees to make annual rental payments equal to those required for lands that are leased competitively.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Congressionally Mandated Reports Act''. SEC. 2. ESTABLISHMENT OF WEBSITE FOR CONGRESSIONALLY MANDATED REPORTS. (a) Requirement To Establish Website.--Not later than one year after the date of the enactment of this Act, the Public Printer shall establish and maintain a website accessible by the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place. The Public Printer may publish other reports on such website. (b) Content and Function.--The Public Printer shall ensure that the website required under subsection (a) includes the following: (1) With respect to each congressionally mandated report, each of the following: (A) A citation to the statute or conference report requiring the report. (B) An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and that is available to the public without restrictions, including restrictions that would impede the re-use of the information in the report. (C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following: (i) The title of the report. (ii) The reporting Federal agency. (iii) The date of publication. (iv) Each congressional committee receiving the report, if applicable. (v) Subject tags. (vi) The serial number, Superintendent of Documents number, or other identification number for the report, if applicable. (vii) The statute or conference report requiring the report. (viii) Key words. (ix) Full text search. (x) Any other relevant information specified by the Public Printer. (D) The time and date when the report was required to be submitted, and when the report was submitted, to the website. (E) Access to the report not later than 30 calendar days after its submission to Congress. (F) To the extent practicable, a permanent means of accessing the report electronically. (2) A means for bulk download of all congressionally mandated reports or a selection of reports retrieved using a search. (3) A means for the head of each Federal agency to publish on the website each congressionally mandated report of the agency, as required by section 3. (4) A list form for all congressionally mandated reports that can be searched, sorted, and downloaded by-- (A) reports submitted within the required time; (B) reports submitted after the date on which such reports were required to be submitted; and (C) reports not submitted. (c) Free Access.--The Public Printer may not charge a fee, require registration, or impose any other limitation in exchange for access to the website required under subsection (a). (d) Upgrade Capability.--The website required under subsection (a) shall be enhanced and updated as necessary to carry out the purposes of this Act. SEC. 3. FEDERAL AGENCY RESPONSIBILITIES. (a) Submission of Electronic Copies of Reports.--The head of each Federal agency shall publish congressionally mandated reports of the agency on the website required under section 2(a)-- (1) in an open format that is platform independent, machine readable, and available to the public without restrictions (except the redaction of information described under section 5), including restrictions that would impede the re-use of the information in the reports; and (2) in accordance with the guidance issued under subsection (c). (b) Submission of Additional Information.--The head of each Federal agency shall submit to the Public Printer the information required under subparagraphs (A) through (D) of section 2(b)(1) with respect to each congressionally mandated report published pursuant to subsection (a). (c) Guidance.--Not later than eight months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Public Printer, shall issue guidance to agencies on the implementation of this Act. SEC. 4. REMOVING AND ALTERING REPORTS. A report submitted to be published to the website required under section 2(a) may only be changed or removed, with the exception of technical changes, by the head of the Federal agency concerned with the express, written consent of the chairman of each congressional committee to which the report is submitted. SEC. 5. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT. (a) In General.--Nothing in this Act shall be construed to require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code, or to impose any affirmative duty on the Public Printer to review congressionally mandated reports submitted for publication to the website established under section 2(a) for the purpose of identifying and redacting such information or records. (b) Redaction of Report.--With respect to each congressionally mandated report, the relevant head of each Federal agency shall redact any information that may not be publicly released under section 552(b) of title 5, United States Code, before submission for publication on the website established under section 2(a), and shall-- (1) redact only such information from the report; (2) identify where any such redaction is made in the report; and (3) identify the exemption under which each such redaction is made. SEC. 6. DEFINITIONS. In this Act: (1) Congressionally mandated report.--The term ``congressionally mandated report'' means a report that is required to be submitted to either House of Congress or any committee of Congress by statute or by a conference report that accompanies legislation enacted into law. (2) Federal agency.--The term ``Federal agency'' has the meaning given that term under section 102 of title 40, United States Code, but does not include the Government Accountability Office. SEC. 7. IMPLEMENTATION. Except as provided in section 3(c), this Act shall be implemented not later than one year after the date of the enactment of this Act and shall apply with respect to congressionally mandated reports submitted to Congress on or after the date occurring one year after such date of enactment.

Access to Congressionally Mandated Reports Act - Requires the Public Printer to establish and maintain a website accessible by the public for obtaining electronic copies of all congressionally mandated reports in one place. Requires each federal agency to provide the Public Printer with electronic copies of its congressionally mandated reports for publication on the website. Prohibits an agency head from changing or removing a report published on the website, except for technical changes, without the express, written consent of the chairman of each congressional committee to which the report is submitted. Exempts information or records that are exempt from public disclosure under the Freedom of Information Act (FOIA) from publication on the website. Requires each agency head to redact from congressionally mandated reports any information that may not be publicly released under FOIA before submission for publication on the website.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fee Repeal and Expanded Access Act of 2009''. SEC. 2. RECREATION FEE AUTHORITIES. The Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.) is amended-- (1) by striking section 801 (16 U.S.C. 6801 note) and inserting the following: ``SEC. 801. SHORT TITLE. ``This Act may be cited as the `Federal Lands Recreation Enhancement Act'.''; (2) by striking sections 802 through 812 (16 U.S.C. 6801 through 6811) and inserting the following: ``SEC. 802. RECREATION FEE AUTHORITY. ``(a) In General.--Beginning January 1, 2010, subject to subsections (c) and (d), the Secretary of the Interior (referred to in this section as the `Secretary') may establish and collect any fee from individuals or groups for-- ``(1) admission to a unit of the National Park System, including a commercial vehicle admission fee for a National Park at a level determined by the Secretary; and ``(2) the use of only the facilities or services described in subsection (b) at Federal recreational land or water under the jurisdiction of the Director of the National Park Service. ``(b) Authorized Facilities and Services.--The facilities and services referred to in subsection (a)(2) are the following: ``(1) Use of developed campgrounds that provide at least a majority of the following: ``(A) Tent or trailer spaces. ``(B) Picnic tables. ``(C) Drinking water. ``(D) Access roads. ``(E) The collection of the fee by an employee or agent of the Federal land management agency. ``(F) Reasonable visitor protection. ``(G) Refuse containers. ``(H) Toilet facilities. ``(I) Simple devices for containing a campfire. ``(2) Use of highly developed boat launches with specialized facilities or services, such as mechanical or hydraulic boat lifts or facilities, multilane paved ramps, paved parking, restrooms, and other improvements, such as boarding floats, loading ramps, or fish cleaning stations. ``(3) Rental of cabins, boats, stock animals, lookouts, historic structures, group day-use or overnight sites, audio tour devices, portable sanitation devices. ``(4) Use of hookups for electricity, cable, or sewer. ``(5) Use of sanitary dump stations. ``(6) Use of transportation services. ``(7) Use of developed swimming sites that provide at least a majority of the following: ``(A) Bathhouses with showers and flush toilets. ``(B) Refuse containers. ``(C) Picnic areas. ``(D) Paved parking. ``(E) Attendants, including lifeguards. ``(F) Floats encompassing the swimming area. ``(G) Swimming decks. ``(c) Prohibition on Fees for Certain Persons or Places.--The Secretary shall not charge an admission fee under subsection (a) for-- ``(1) a person under 16 years of age; ``(2) an outing conducted for a noncommercial educational purpose by a school or other academic institution; ``(3)(A) the USS Arizona Memorial; ``(B) the Independence National Historical Park; ``(C) any unit of the National Park System within the District of Columbia; or ``(D) the Arlington House--Robert E. Lee National Memorial; ``(4) the Flight 93 National Memorial; ``(5) an entrance on other route into the Great Smoky Mountains National Park or any part of the Park unless fees are charged for entrance into the Park on main highways and thoroughfares; ``(6) an entrance to a unit of the National Park System containing a deed restriction on charging fees; or ``(7) an area or unit covered under section 203 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 410hh-2), other than the Denali National Park and Preserve. ``(d) Prohibited Sites.--The Secretary shall not charge a fee under subsection (a) for Federal recreational land or water managed by-- ``(1) the Director of the Bureau of Land Management; or ``(2) the Commissioner of Reclamation. ``(e) Requirements.--In establishing fees pursuant to this section, the Secretary shall-- ``(1) establish the minimum practicable number of fees; and ``(2) avoid, to the maximum extent practicable, collection of multiple or layered fees for a variety of activities or programs. ``(f) Analysis.-- ``(1) In general.--Before establishing a fee under subsection (a), the Secretary shall analyze-- ``(A) the benefits and services provided to visitors to National Parks; ``(B) the cumulative effect of the assessment of the fee; ``(C) the direct and indirect cost and benefit to the Federal Government with respect to the fee; ``(D) applicable public policy and management objectives; ``(E) the economic and administrative feasibility of fee collection; and ``(F) such other factors as the Secretary determines to be appropriate. ``(2) Submission to congress.--Not later than the date that is 90 days before the date on which a fee established under subsection (a) is published in the Federal Register, the Secretary shall submit to Congress-- ``(A) the analysis conducted with respect to the fee under paragraph (1); and ``(B) a description of the level of the fee. ``(g) Publication.-- ``(1) In general.--The Secretary shall publish in the Federal Register a notice of-- ``(A) any new fee established pursuant to this section; and ``(B) any change in the amount of such a fee. ``(2) Effective date.--A fee established pursuant to this section, and any modification to such a fee, shall not take effect until the date that is 1 year after the date on which a notification regarding the fee or modification is published in the Federal Register under paragraph (1). ``(h) Administration.-- ``(1) In general.--The Secretary-- ``(A) may waive or discount a fee established pursuant to this section, as the Secretary determines to be appropriate; and ``(B) shall provide information to the public regarding any fee program under this section, including a description of the costs and benefits of the program. ``(2) Administrative costs.--The Secretary may use not more than 15 percent of the total amount of fees collected pursuant to this section for administrative costs of the recreation fee program, including-- ``(A) direct operating or capital costs; ``(B) the costs of fee collection; ``(C) the costs of notification of fee requirements; ``(D) the costs of direct infrastructure; ``(E) fee program management costs; ``(F) the costs of bonding of volunteers; ``(G) start-up costs; and ``(H) the costs of analyzing and reporting on program success and effects. ``(i) Distribution of Receipts.--Of amounts received by the Secretary as a result of a fee collected at a specific area, site, or facility pursuant to this section-- ``(1) not less than 80 percent shall be used at the specific area, site, or facility in accordance with subsection (j); and ``(2) not more than 20 percent shall be used for other activities or facilities of the National Park Service, as the Secretary determines to be appropriate. ``(j) Use of Funds.--Amounts described in subsection (i)(1) may be used at an area, site, or facility for-- ``(1) repair, maintenance, facility enhancement, media services, and infrastructure, including projects relating to visitor enjoyment, visitor access, environmental compliance, and health and safety; ``(2) interpretation, visitor information, visitor service, visitor needs assessments, monitoring, and signs; ``(3) habitat enhancement, resource assessment, preservation, protection, and restoration relating to recreational uses; and ``(4) law enforcement relating to public use and recreation. ``(k) Reports.--On January 1, 2014, and every 3 years thereafter, the Secretary shall submit to Congress a report describing the status of the recreation fee program under this section, including-- ``(1) an evaluation of the program as conducted at each unit of the National Park System; ``(2) a description of projects funded, activities accomplished, and future projects and programs proposed to be conducted using the fees; and ``(3) any recommendations for modifications to the fee system of the Secretary.'' (3) in section 813 (16 U.S.C. 6812), by striking subsections (e) and (f); and (4) by striking section 814 (16 U.S.C. 6813). SEC. 3. REINSTATEMENT OF CERTAIN ADMISSION AND USE FEE AUTHORITIES. (a) Repeal.--Subsections (a), (c), and (d) of section 813 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812) are repealed effective December 8, 2004. (b) Applicability.-- (1) Land and water conservation fund act of 1965.-- Subsections (a) through (f), and (g) of section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) shall be applied and administered as if section 813(a) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(a)) had not been enacted. (2) Admission permits for refuge units.--Section 201 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) shall be applied and administered as if section 813(c) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(c)) had not been enacted. (3) Golden eagle passport.--Section 502 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5982) shall be applied and administered as if section 813(d) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(d)) had not been enacted. (4) National park passport program.-- (A) In general.--Title VI of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5991 et seq.) shall be applied and administered as if section 813(d) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(d)) had not been enacted. (B) Conforming amendment.--Section 603(c) of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5993(c)) is amended by striking paragraph (2) and inserting the following: ``(2) General use.--Of amounts received by the Secretary as a result of sales of national park passports at a specific area, site, or facility-- ``(A) not less than 50 percent shall remain available for use at the specific area, site, or facility at which the sales occurred; and ``(B) not more than 50 percent shall be used for other activities or facilities of the National Park Service, as the Secretary determines to be appropriate.''. (c) Admission Fees.--Section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) (as in effect after subsections (a) and (b) take effect) is amended-- (1) in paragraph (1)-- (A) in the first sentence of subparagraph (A)(i), by striking ``$25'' and and inserting ``$65''; and (B) in the second sentence of subparagraph (B), by striking ``$15'' and inserting ``$40''; and (2) in paragraph (2)-- (A) in the fourth sentence, by striking ``$5'' and inserting ``$25''; and (B) in the sixth sentence, by striking ``$3'' and inserting ``$12''.

Fee Repeal and Expanded Access Act of 2009 - Revises specified provisions of the Federal Lands Recreation Enhancement Act, including provisions concerning recreation fee authority, use of funds, distribution of revenue, recreation passes, and cooperative agreements. Provides for the application and administration of certain admission and use fee authorities under the Land and Water Conservation Act of 1965, the Emergency Wetlands Resources Act of 1986, and the National Parks Omnibus Management Act of 1998 as if the Federal Lands Recreation Enhancement Act had not been enacted.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Campaign Financing Act of 2005''. SEC. 2. PUBLIC FUNDING FOR HOUSE OF REPRESENTATIVES ELECTIONS. The Federal Election Campaign Act of 1971 is amended by adding at the end the following new title: ``TITLE V--PUBLIC FUNDING FOR HOUSE OF REPRESENTATIVES ELECTIONS ``SEC. 501. QUALIFICATIONS FOR PUBLIC FUNDING. ``A House of Representatives candidate qualifies for public funding if, as determined by the Commission-- ``(1) at least 6 weeks before the general election, the candidate obtains the signatures of 3 percent of the registered voters in the congressional district involved; or ``(2) the candidate is the candidate of a political party, the candidate of which, in the preceding general election, received more than 25 percent of the vote. ``SEC. 502. LIMITATIONS ON CONTRIBUTIONS TO QUALIFYING HOUSE OF REPRESENTATIVES CANDIDATES. ``(a) Individual Contributions Requirement.--A qualifying House of Representatives candidate may not accept contributions other than contributions from individuals that total not more than $100 per individual per election cycle. ``(b) In-State Contribution Requirement.--With respect to each reporting period for an election, at least 80 percent of the total sum of contributions accepted by a qualifying House of Representatives candidate shall be from the State in which the congressional district involved is located. ``SEC. 503. USE OF PUBLIC FUNDING. ``(a) In General.--A qualifying House of Representatives candidate may use public funds only for-- ``(1) buying time on radio, cable, or television broadcast stations; ``(2) buying rental space on billboards or other outdoor signs; ``(3) buying advertising space in magazines, newspapers, periodicals, and other advertising media, including theaters, the Internet, and the worldwide web; ``(4) payment of the cost of producing advertisements for media referred to in paragraphs (1), (2), and (3); ``(5) procurement of computerized campaign software, voter lists, and other voter contact tools; ``(6) payment of the cost of printing and mailing campaign literature; ``(7) payment of the cost of telephone expenses; ``(8) payment of legal and accounting costs associated with campaigning; ``(9) payment of campaign employees' salaries; ``(10) payment of the cost of campaign office equipment and supplies; and ``(11) payment of incidental expenses of the candidate, such as travel and food. ``(b) Specific Exclusion.--A qualifying House of Representatives candidate may not use public funds under this title to pay the candidate a salary or personal mortgages. ``(c) Calculation of Public Disbursement.-- ``(1) In general.--A qualifying House of Representatives candidate shall receive public funds closely approximating the cost of procuring 2\1/2\ hours of television commercial time on local television stations in the district's media markets. ``(2) Criteria for determining amount.--An exact amount of the funds provided to a candidate under this section shall be determined by the Commission, using-- ``(A) the average cost of a media point per media market, as defined by Arbitron Area of Dominant Influence, for the 4th quarter of the preceding calendar year; and ``(B) a multiplier of 5,000 media points. ``(3) Use of funds.--The funds provided under this section may be used for any purpose specified in subsection (a). ``(d) Disbursements.--The Commission shall make disbursements of public funds under this title upon submission of evidence that an eligible expense has been incurred. No disbursement may be made with respect to an expense incurred more than 4 months before the election involved. ``SEC. 504. MAXIMUM AMOUNT OF PUBLIC FUNDING. ``(a) In General.--The maximum amount of public funding that a qualifying House of Representatives candidate may receive is $750,000. ``(b) Indexing.--The amount under subsection (a) shall be increased as of the beginning of each even-numbered calendar year, based on the increase in the price index determined under section 315(c), except that the base period shall be calendar year 2003. ``SEC. 505. TELEVISION DEBATE REQUIREMENT. ``A qualifying House of Representatives candidate shall be required to participate in at least 2 televised debates, organized by a bipartisan or nonpartisan group, in the congressional district media market. ``SEC. 506. REQUIREMENT FOR ACCEPTANCE OF ADVERTISING BY RADIO AND TELEVISION STATIONS. ``(a) In General.--Each radio station and each television station shall be-- ``(1) required to accept orders for advertisements to be paid for under this title until such advertising constitutes 40 percent of the station's total advertising time; and ``(2) subject to random periodic examination of advertising charges paid under this title to ensure that such charges are correct. ``(b) Condition of License.--The continuation of an existing license, the renewal of an expiring license, and the issuance of a new license under section 307 of the Communications Act of 1934 (47 U.S.C. 307) shall be conditioned on the agreement by the licensee to abide by the provisions of subsection (a)(1). ``SEC. 507. DEFINITIONS. ``As used in this title-- ``(1) the term `House of Representatives candidate' means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; ``(2) the term `qualifying House of Representatives candidate' means a House of Representatives candidate who qualifies for public funding under this title; and ``(3) the term `congressional district media market' means, with respect to a congressional district, the media market of that district, as determined from the licensing records of the Federal Communications Commission.''. SEC. 3. REPORTING REQUIREMENTS. (a) Reports by State Committees.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(i) Filing of State Reports.--In lieu of any report required to be filed by this Act, the Commission may allow a State committee of a political party to file with the Commission a report required to be filed under State law if the Commission determines such reports contain substantially the same information.''. (b) Other Reporting Requirements.-- (1) Authorized committees.--Section 304(b)(4) of such Act (2 U.S.C. 434(b)(4)) is amended-- (A) by striking ``and'' at the end of subparagraph (H); (B) by inserting ``and'' at the end of subparagraph (I); and (C) by adding at the end the following new subparagraph: ``(J) in the case of an authorized committee, disbursements for the primary election, the general election, and any other election in which the candidate participates;''. (2) Names and addresses.--Section 304(b)(5)(A) of such Act (2 U.S.C. 434(b)(5)(A)) is amended-- (A) by striking ``within the calendar year''; and (B) by inserting ``, and the election to which the operating expenditure relates'' after ``operating expenditure''. SEC. 4. REPORTING OF ELECTION ACTIVITY OF PERSONS OTHER THAN POLITICAL PARTIES. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 3(a), is amended by adding at the end the following new subsection: ``(j) Election Activity of Persons Other Than Political Parties.-- ``(1) Requirement described.--(A) If any person to which section 323 does not apply makes (or obligates to make) disbursements for Federal election activities (as defined in section 301(20)) in excess of $2,000, such person shall file a statement-- ``(i) on or before the date that is 48 hours before the disbursements (or obligations) are made; or ``(ii) in the case of disbursements (or obligations) that are required to be made within 14 days of the election, on or before such 14th day. ``(B) An additional statement shall be filed each time additional disbursements aggregating $2,000 are made (or obligated to be made) by a person described in subparagraph (A). ``(2) Contents of statement.--Any statement under this section shall be filed with the Secretary of the Senate or the Clerk of the House of Representatives, and the Secretary of State (or equivalent official) of the State involved, as appropriate, and shall contain such information as the Commission shall prescribe, including whether the disbursement is in support of, or in opposition to, 1 or more candidates or any political party. The Secretary of the Senate or Clerk of the House of Representatives shall, as soon as possible (but not later than 24 hours after receipt), transmit a statement to the Commission. Not later than 48 hours after receipt, the Commission shall transmit the statement to-- ``(A) the candidates or political parties involved; or ``(B) if the disbursement is not in support of, or in opposition to, a candidate or political party, the State committees of each political party in the State involved. ``(3) Determinations by commission.--The Commission may make its own determination that disbursements described in paragraph (1) have been made or are obligated to be made. The Commission shall notify the candidates or political parties described in paragraph (2) not later than 24 hours after its determination. ``(4) Exceptions.--This subsection shall not apply to-- ``(A) a candidate or a candidate's authorized committees; or ``(B) an independent expenditure (as defined in section 301(17)).''. SEC. 5. CONTRIBUTIONS THROUGH INTERMEDIARIES AND CONDUITS. Section 315(a)(8) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(8)) is amended to read as follows: ``(8) For the purposes of this subsection: ``(A) Contributions made by a person, either directly or indirectly, to or on behalf of a particular candidate, including contributions that are in any way earmarked or otherwise directed through an intermediary or conduit to a candidate, shall be treated as contributions from the person to the candidate. If a contribution is made to a candidate through an intermediary or conduit, the intermediary or conduit shall report the original source and the intended recipient of the contribution to the Commission and the intended recipient. ``(B) Contributions made directly or indirectly by a person to or on behalf of a particular candidate through an intermediary or conduit, including contributions arranged to be made by an intermediary or conduit, shall be treated as contributions from the intermediary or conduit to the candidate if-- ``(i) the contributions made through the intermediary or conduit are in the form of a check or other negotiable instrument made payable to the intermediary or conduit rather than the intended recipient; or ``(ii) the intermediary or conduit is-- ``(I) a political committee, a political party, or an officer, employee, or agent of either; ``(II) a person whose activities are required to be reported under section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603), the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), or any successor Federal law requiring a person who is a lobbyist or foreign agent to report the activities of such person; ``(III) a person who is prohibited from making contributions under section 316 or a partnership; or ``(IV) an officer, employee, or agent of a person described in subclause (II) or (III) acting on behalf of such person. ``(C) The term `contributions arranged to be made' includes-- ``(i) contributions delivered directly or indirectly to a particular candidate or the candidate's authorized committee or agent by the person who facilitated the contribution; and ``(ii) contributions made directly or indirectly to a particular candidate or the candidate's authorized committee or agent that are provided at a fundraising event sponsored by an intermediary or conduit described in subparagraph (B). ``(D) This paragraph shall not prohibit-- ``(i) fundraising efforts for the benefit of a candidate that are conducted by another candidate or Federal officeholder; or ``(ii) the solicitation by an individual using the individual's resources and acting in the individual's own name of contributions from other persons in a manner not described in paragraphs (B) and (C).''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to elections occurring after December 31, 2006.

Public Campaign Financing Act of 2005 - Amends the Federal Election Campaign Act of 1971 (FECA) to add a new title V (Public Funding for House of Representatives Elections) outlining: (1) qualifications for public financing; (2) limitations on contributions to qualifying House candidates prohibiting such a candidate from accepting contributions other than contributions from individuals that total not more than $100 per individual per election cycle, with an 80 percent in-state contribution requirement; (3) rules restricting public funding to specified purposes, such as buying broadcast time; (4) limitations on the maximum amount of public funding, which is set at $750,000 for qualifying House candidates; (5) various specified requirements pertaining to television debates and radio and television advertising; (6) authorization for the filing of certain state reports in lieu of any required FECA report; (7) provisions regarding reporting of election activity of persons other than political parties; and (8) rules for contributions through intermediaries and conduits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Veterans Disabled for Life Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Armed Forces of the United States have answered the call and served with distinction around the world--from hitting the beaches in World War II in the Pacific and Europe, to the cold and difficult terrain in Korea, the steamy jungles of Vietnam, and the desert sands of the Middle East; (2) all Americans should commemorate those who come home having survived the ordeal of war, and solemnly honor those who made the ultimate sacrifice in giving their lives for their country; (3) all Americans should honor the millions of living disabled veterans who carry the scars of war every day, and who have made enormous personal sacrifices defending the principles of our democracy; (4) in 2000, Congress authorized the construction of the American Veterans Disabled for Life Memorial; (5) the United States should pay tribute to the Nation's living disabled veterans by minting and issuing a commemorative silver dollar coin; and (6) the surcharge proceeds from the sale of a commemorative coin would raise valuable funding for the construction of the American Veterans Disabled for Life Memorial. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins in commemoration of disabled American veterans, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial. (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'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Disabled Veterans' LIFE Memorial Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 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 subsection (b) 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) Surcharges.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (c) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (d) 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. DISTRIBUTION OF SURCHARGES. (a) In General.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the Disabled Veterans' LIFE Memorial Foundation for the purpose of establishing an endowment to support the construction of the American Veterans' Disabled for Life Memorial in Washington, D.C. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Disabled Veterans' LIFE Memorial Foundation as may be related to the expenditures of amounts paid under subsection (a). SEC. 8. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. Passed the Senate October 11, 2004. Attest: EMILY J. REYNOLDS, Secretary.

American Veterans Disabled for Life Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 500,000 one dollar silver coins in commemoration of disabled American veterans, which shall be emblematic of the design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial. Requires: (1) all sales of the coins to include a ten dollar per coin surcharge; and (2) the surcharges received to be paid to the Foundation to establish an endowment to support the construction of an American Veterans' Disabled for Life Memorial in Washington, D.C.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Leave Ethanol Volumes at Existing Levels Act'' or the ``LEVEL Act''. SEC. 2. REPEAL OF EXPANSION OF RENEWABLE FUEL PROGRAM. (a) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended to read as follows: ``(1) Definitions.--In this section: ``(A) Cellulosic biomass ethanol.--The term `cellulosic biomass ethanol' means ethanol derived from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, including-- ``(i) dedicated energy crops and trees; ``(ii) wood and wood residues; ``(iii) plants; ``(iv) grasses; ``(v) agricultural residues; ``(vi) fibers; ``(vii) animal wastes and other waste materials; and ``(viii) municipal solid waste. The term also includes any ethanol produced in facilities where animal wastes or other waste materials are digested or otherwise used to displace 90 percent or more of the fossil fuel normally used in the production of ethanol. ``(B) Waste derived ethanol.--The term `waste derived ethanol' means ethanol derived from-- ``(i) animal wastes, including poultry fats and poultry wastes, and other waste materials; or ``(ii) municipal solid waste. ``(C) Renewable fuel.-- ``(i) In general.--The term `renewable fuel' means motor vehicle fuel that-- ``(I)(aa) is produced from grain, starch, oilseeds, vegetable, animal, or fish materials including fats, greases, and oils, sugarcane, sugar beets, sugar components, tobacco, potatoes, or other biomass; or ``(bb) is natural gas produced from a biogas source, including a landfill, sewage waste treatment plant, feedlot, or other place where decaying organic material is found; and ``(II) is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle. ``(ii) Inclusion.--The term renewable fuel includes-- ``(I) cellulosic biomass ethanol and waste derived ethanol; and ``(II) biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f))) and any blending components derived from renewable fuel (provided that only the renewable fuel portion of any such blending component shall be considered part of the applicable volume under the renewable fuel program established by this subsection). ``(D) Small refinery.--The term `small refinery' means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.''. (b) Renewable Fuel Program.--Paragraph (2) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(2)) is amended as follows: (1) Regulations.--Clause (i) of subparagraph (A) is amended by striking the last sentence. (2) Applicable volumes of renewable fuel.--Subparagraph (B) is amended to read as follows: ``(B) Applicable volume.--For the purpose of subparagraph (A), the applicable volume of renewable fuel for each calendar year shall be 7,500,000,000 gallons.''. (c) Applicable Percentages.--Paragraph (3) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows: (1) In subparagraph (A), by striking ``each of calendar years 2005 through 2021'' and inserting ``each calendar year''. (2) In subparagraph (A), by striking ``transportation fuel, biomass-based diesel, and cellulosic biofuel'' and inserting ``gasoline''. (3) In subparagraph (B)(i), by striking ``each of calendar years 2005 through 2021'' and inserting ``each calendar year''. (4) In subparagraph (B), by striking ``transportation fuel'' and inserting ``gasoline'' in clause (ii)(II). (d) Cellulosic Biomass Ethanol or Waste Derived Ethanol.--Paragraph (4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended to read as follows: ``(4) Cellulosic biomass ethanol or waste derived ethanol.--For the purpose of paragraph (2), 1 gallon of cellulosic biomass ethanol or waste derived ethanol shall be considered to be the equivalent of 2.5 gallons of renewable fuel.''. (e) Credit Program.--Paragraph (5) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5)) is amended by striking subparagraph (E). (f) Waivers.-- (1) In general.--Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended-- (A) in subparagraph (A), by striking ``, by any person subject to the requirements of this subsection, or by the Administrator on his own motion''; and (B) by inserting ``State'' before ``petition for a waiver'' in subparagraph (B). (2) Cellulosic biofuel.--Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking subparagraph (D). (3) Biomass-based diesel.--Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking subparagraphs (E) and (F). (g) Periodic Reviews.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by striking paragraph (11). (h) Savings Clause.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by striking paragraph (12). (i) Regulations.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by striking paragraph (2) of subsection (v). (j) Other Provisions.-- (1) Environmental and resource conservation impacts.-- Section 204(b) of the Energy Independence and Security Act of 2007 (Public Law 110-140) is repealed. (2) Effective date, savings provision, and transition rules.--Section 210 of the Energy Independence and Security Act of 2007 (Public Law 110-140) is repealed. (k) Effective Date.--The amendments made by this section shall take effect on January 1 of the first calendar year following the date of enactment of this Act. (l) Estimates for First Calendar Year.--Prior to January 1 of the first calendar year following the date of enactment of this Act-- (1) the Administrator of the Energy Information Administration shall provide to the Administrator of the Environmental Protection Agency an estimate, under section 211(o)(3) of the Clean Air Act, as amended by this Act, with respect to such calendar year, of the volumes of gasoline projected to be sold or introduced into commerce in the United States; and (2) based on the estimate provided under paragraph (1), the Administrator of the Environmental Protection Agency shall determine and publish in the Federal Register, with respect to such calendar year, the renewable fuel obligation for such calendar year under section 211(o)(3) of the Clean Air Act, as amended by this Act. SEC. 3. PROHIBITION OF AUTHORIZATION OF HIGHER ETHANOL BLENDS. (a) Prohibition.--Notwithstanding any provision of the Clean Air Act (42 U.S.C. 7401 et seq.), the Administrator of the Environmental Protection Agency may not permit or authorize (including by granting a wavier through the fuels and fuel additives waiver process under section 211(f)(4) of such Act (42 U.S.C. 7545(f)(4))) the introduction into commerce of gasoline that-- (1) contains greater than 10-volume-percent ethanol; (2) is intended for general use in conventional gasoline- powered onroad or nonroad vehicles or engines; and (3) is not, on or before the date of enactment of this Act-- (A) registered in accordance with section 211(b) of such Act (42 U.S.C. 7545(b)); and (B) lawfully sold in the United States. (b) Repeal of Existing Waivers.-- (1) In general.--Any waiver described in paragraph (2) is repealed and shall have no force or effect. (2) Waiver.--A waiver described in this paragraph-- (A) is a waiver granted pursuant to section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) prior to the date of enactment of this Act that permits or authorizes the introduction into commerce of gasoline that contains greater than 10-volume-percent ethanol for general use in conventional gasoline- powered onroad or nonroad vehicles or engines; and (B) includes the following: (i) ``Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator'' published at 75 Fed. Reg. 68094 (November 4, 2010). (ii) ``Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator'' published at 76 Fed. Reg. 4662 (January 26, 2011). (3) Exception.--Paragraph (1) shall not apply with respect to a waiver to the extent such waiver permits or authorizes the introduction into commerce of gasoline-- (A) that is described in paragraph (2)(A); and (B) that is, on or before the date of enactment of this Act-- (i) registered in accordance with section 211(b) of the Clean Air Act (42 U.S.C. 7545(b)); and (ii) lawfully sold in the United States. (c) Study.--Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall conduct, and submit to Congress the results of, a comprehensive study on-- (1) the effects of the introduction into commerce of an ethanol-gasoline blend described in subsection (b)(2)(A) on consumer products, including-- (A) onroad and nonroad vehicles; (B) nonroad engines (such as lawn mowers); and (C) any other applicable gasoline-powered vehicles, engines, and devices; (2) the impact of an ethanol-gasoline blend described in subsection (b)(2)(A) on-- (A) engine performance of conventional gasoline- powered onroad and nonroad vehicles and nonroad engines; (B) emissions from the use of the blend; and (C) materials compatibility and consumer safety issues associated with the use of such blend (including the identification of insufficient data or information for some or all of such vehicles and engines with respect to each of the issues described in this subparagraph and subparagraphs (A) and (B)); and (3) the ability of wholesale and retail gasoline distribution infrastructure, including bulk storage, retail storage configurations, and retail equipment (including certification of equipment compatibility by independent organizations), to introduce such an ethanol-gasoline blend into commerce without widespread intentional or unintentional misfueling by consumers.

Leave Ethanol Volumes at Existing Levels Act or the LEVEL Act - Amends the Clean Air Act to revise the renewable fuel program, including by: (1) redefining "renewable fuel"; (2) revoking the requirement that the Administrator ensure that renewable fuel achieves a 20% reduction in lifecycle greenhouse gas emissions compared to baseline lifecycle greenhouse gas emissions; (3) reducing the volume of renewable fuel that is required to be in gasoline sold or introduced into commerce in the United States to 7.5 billion gallons for each year; (4) requiring the Administrator of the Energy Information Administration to provide to the Administrator of the Environmental Protection Agency (EPA) an estimate of the volumes of gasoline (currently of transportation fuel, biomass-based diesel, and cellulosic biofuel) projected to be sold or introduced into commerce in the following year; (5) making one gallon of cellulosic biomass ethanol or waste derived ethanol equivalent to 2.5 gallons of renewable fuel; (6) repealing provisions concerning cellulosic biofuel and biomass-based diesel; and (7) repealing a requirement that the Administrator of EPA promulgate fuel regulations to implement measures to mitigate adverse impacts on air quality as the result of renewable fuel requirements. Amends the Energy Independence and Security Act of 2007 to repeal provisions requiring EPA to report to Congress on current and future impacts of the renewable fuel requirements on environmental issues, resource conservation issues, and the growth and use of cultivated invasive or noxious plants and their impacts on the environment and agriculture. Prohibits the Administrator from permitting or authorizing (including by granting a waiver through the fuels and fuel additives waiver process) the introduction into commerce of gasoline that: (1) contains greater than 10% ethanol by volume, (2) is intended for general use in conventional gasoline-powered vehicles or engines, and (3) is not a registered fuel or fuel additive that is lawfully sold in the United States before enactment of this Act. Repeals waivers that permit the introduction into commerce of gasoline that contains greater than 10-volume-percent ethanol for general use in conventional gasoline-powered vehicles or engines, including: (1) the "Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator"; and (2) the "Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator." Excepts waivers for such gasoline that is a registered fuel or fuel additive that is lawfully sold in the United States before enactment of this Act. Requires the Administrator to study: (1) the effects of the introduction into commerce of an ethanol-gasoline blend on consumer products; (2) the impact of such blend on engine performance of conventional gasoline-powered vehicles and nonroad engines, emissions from the use of the blend, and materials compatibility and consumer safety issues associated with the use of such blend; and (3) the ability of wholesale and retail gasoline distribution infrastructure to introduce such blend into commerce without widespread misfueling by consumers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Governors Island Preservation Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) In August 1776, the fortifications at Governors Island, New York, provided cover allowing George Washington's Continental Army to escape a British onslaught during the Battle of Long Island. (2) The State of New York, for nominal consideration, ceded control of Governors Island to the Federal Government in 1800 to provide for the defense of the United States. (3) During the War of 1812, the combined firepower of Castle Williams on Governors Island and the Southwest Battery in Manhattan dissuaded the British from making a direct attack on New York City, which was the largest city in and principal seaport of the United States at the time. (4) In 1901, 4,700,000 cubic yards of fill from the excavation of the Lexington Avenue Subway in Manhattan were deposited to increase the area of Governors Island from 90 to 172 acres. (5) Governors Island played a significant role in the Civil War, World War I, and World War II, and continued to serve the United States Army through 1966. (6) In 1958, the United States District Court for the Southern District of New York formally ratified the long possession of Governors Island by the United States through a condemnation proceeding that required ``just compensation'' of $1. (7) In 1966, the Army relocated operations from Governors Island, and the United States Coast Guard assumed control of the Island, an action that established an integral component of the Atlantic coast efforts of the Coast Guard for the following 30 years. (8) The Admiral's House on Governors Island hosted the final summit meeting between President Ronald W. Reagan and Soviet Premier Mikhail S. Gorbachev in December 1988, where the leaders presented each other with the Articles of Ratification for the Intermediate Nuclear Forces Treaty. (9) The Coast Guard ceased operations at Governors Island in 1997, leaving 225 buildings unoccupied, unused, and exposed to the harsh elements of New York Harbor. (10) Castle Williams is named after Lieutenant Colonel Jonathan Williams, who built the semicircular ``cheesebox'' fort and later served as the first superintendent of West Point Military Academy. (11) The pentagonal Fort Jay, named after John Jay, is the complement of Fort Wood on nearby Bedloe Island, which serves as the base of the Statue of Liberty. (12) Castle Williams and Fort Jay, located within the Governors Island National Historic Landmark District, and more than 200 years of contributions to the history of the United States could be lost if Governors Island were to remain vacant or be sold to a private entity. (13) Castle Williams and Fort Jay, key elements of the Governors Island National Historic Landmark District, are worthy of continued Federal protection and should be designated a unit of the National Park System. (14) The State of New York and the city of New York have agreed to a plan to be administered by the Governors Island Redevelopment Corporation, a subsidiary of the Empire State Development Corporation, that-- (A) offers what may be the only opportunity to ensure-- (i) public access to Governors Island; (ii) the preservation and protection of historic structures on Governors Island for future generations; and (iii) the ability of local elected officials, local community boards, and community organizations to participate in the redevelopment of Governors Island; and (B) would provide substantial educational and recreational facilities to the public. (b) Purposes.--The purposes of this Act are as follows: (1) To prevent the deterioration of the historic military buildings on Governors Island in New York Harbor. (2) To ensure that Castle Williams and Fort Jay are-- (A) retained in Federal ownership; (B) available for the benefit and inspiration of the people of the United States; and (C) afforded protection by the National Park Service as a unit of the National Park System. (3) To provide the general public with-- (A) access to Governors Island; (B) access to open park space to experience the majestic views of New York Harbor; and (C) opportunities that illustrate the significant contributions of Governors Island to the history of the United States. (4) To return to the people of the State of New York property that the State of New York conveyed to the Federal Government, for nominal consideration, to provide for the defense of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) City.--The term ``City'' means the City of New York. (3) Corporation.--The term ``Corporation'' means Governors Island Redevelopment Corporation, a subsidiary of the Empire State Development Corporation governed by a board to be appointed by the State and the City (or any successor entity). (4) Management plan.--The term ``management plan'' means the management plan prepared under section 4(f). (5) Monument.--The term ``Monument'' means the Governors Island National Monument established under section 4(a). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of New York. SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT. (a) Establishment.--To preserve for the benefit and inspiration of the people of the United States as a national monument certain historic structures and associated land located on Governors Island in New York Harbor, there is established a unit of the National Park System to be known as the ``Governors Island National Monument''. (b) Composition.-- (1) In general.--The Monument shall be comprised of Castle Williams and Fort Jay, as depicted on the map entitled ``Governors Island National Monument Boundary Map'', numbered GOIS ____, and dated ____, 2000. (2) Inclusions.--The Monument shall include-- (A) the land on which Castle Williams and Fort Jay are situated; and (B) the land between Castle Williams and Fort Jay; as depicted on the map described in paragraph (1). (3) Availability of map.--The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Transfer.--Not later than 180 days after the date of the enactment of this Act, as part of the overall disposition of Governors Island, the Administrator shall transfer administrative jurisdiction over the Monument to the Secretary. (d) Rights of Access.-- (1) Reservation.--As part of the overall disposition of Governors Island, the Administrator, subject to agreement by the Secretary and the Corporation, shall reserve the right of access for the Secretary to the Monument for purposes of operating and maintaining the Monument. (2) Utilities.--The provision of and access to utilities to the Monument shall be-- (A) determined as part of the disposition of Governors Island in accordance with the public service laws of the State of New York; and (B) subject to agreement between the Secretary and the Corporation. (e) Administration.-- (1) In general.--On completion of the transfer under subsection (c), the Monument shall be administered by the Secretary in accordance with-- (A) this Act; and (B) laws generally applicable to units of the National Park System, including-- (i) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (ii) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (2) Cooperative agreements.--The Secretary, in consultation with the Corporation, may consult, and enter into cooperative agreements, with interested entities and individuals to provide for the preservation, development, interpretation, and use of the Monument. (f) Management Plan.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, in consultation with the Corporation and other appropriate public and private entities, the Secretary shall prepare a management plan for the Monument. (2) Applicable law.--The Secretary shall prepare the management plan in accordance with-- (A) section 12(b) of the Act entitled ``An Act to improve the administration of the National Park System by the Secretary of the Interior, and to clarify the authorities applicable to the system, and for other purposes'', approved August 18, 1970 (16 U.S.C. 1a- 7(b)); and (B) other applicable law. (3) Submission.--On completion of the management plan, the Secretary shall submit the management plan to-- (A) the Committee on Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the annual operation and maintenance of the Monument. SEC. 5. CONVEYANCE OF GOVERNORS ISLAND. (a) In General.-- (1) Conveyance.--Notwithstanding section 9101 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 670) or any other provision of law, and except as provided in paragraphs (2) and (3), not later than 180 days after the date of the enactment of this Act, the Administrator shall convey to the State of New York, for no consideration and for use consistent with sections 2(a)(14) and 2(b), all right, title, and interest of the United States in and to Governors Island, to be administered by the Corporation. (2) Rights of access.--The conveyance under paragraph (1)(A) shall be subject to the rights of access described in section 4(d). (3) Exclusion of monument.--The Monument shall not be included in the conveyance under paragraph (1)(A). (b) Use and Redevelopment of Governors Island.--Upon completion of the conveyance under subsection (a)(1)(A), any use of the conveyed land shall be consistent with sections 2(a)(14) and 2(b), and in compliance with-- (1) the New York State Environmental Quality Review Act (Sections 0101 through 0117 of the Environmental Conservation Law of New York); and (2) the document entitled ``Governors Island Preservation and Design Manual''-- (A) developed by the Administrator in accordance with-- (i) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and (ii) applicable State and local historic preservation law; and (B) as approved by the Administrator, State, and City.

Requires the Administrator of General Services, as part of the overall disposition of Governors Island, to transfer administrative jurisdiction over the Monument to the Secretary of the Interior and, subject to agreement by the Secretary and the Governors Island Redevelopment Corporation, to reserve the right of access for the Secretary to the Monument for purposes of operating and maintaining it. Requires the Secretary of the Interior to submit to specified congressional committees a management plan for the Monument. Directs the Administrator to convey Governors Island (with the exclusion of the Monument) to New York for use consistent with a plan to be administered by the Governors Island Redevelopment Corporation and the purposes of this Act. Requires any use of the conveyed land to be consistent with such plan and purposes and to be in compliance with: (1) the New York State Environmental Quality Review Act; (2) the Governors Island Preservation and Design Manual.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Obesity in Schools Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) It is estimated that 64.5 percent (119,000,000) of American adults and 15 percent (9,000,000) of American children are overweight or obese. (2) The prevalence of obesity among children aged 6 to 11 more than doubled in the past 20 years, going from 7 percent in 1980 to 18.8 percent in 2004. The rate among adolescents aged 12 to 19 more than tripled, increasing from 5 percent to 17.1 percent. (3) An estimated 61 percent of overweight young people have at least 1 additional risk factor for heart disease, such as high cholesterol or high blood pressure. In addition, children who are overweight are at greater risk for bone and joint problems, sleep apnea, and social and psychological problems such as stigmatization and poor self-esteem. (4) According to the Department of Health and Human Services, obesity-related illnesses cost this nation approximately $117,000,000,000 per year in increased health care costs. This includes $61,000,000,000 in direct medical costs for treatment of related diseases and $56,000,000,000 in indirect costs such as lost productivity. (5) A report released by Trust for America's Health, entitled ``F as in Fat: How Obesity Policies are Failing in America'', found that the United States does not have an aggressive, coordinated national strategy needed to address this crisis. SEC. 3. NATIONAL STRATEGY TO REDUCE CHILDHOOD OBESITY. The Secretary of Health and Human Services, in cooperation with State and local governments, Federal agencies, local educational agencies, health care providers, the research community, and the private sector, shall develop a national strategy to reduce childhood obesity in the United States. Such strategy shall-- (1) provide for the reduction of childhood obesity rates by 10 percent by the year 2011; (2) address both short- and long-term solutions to reducing the rates of childhood obesity in the United States; (3) identify how the Federal Government can work effectively with State and local governments, local educational agencies, health care providers, the research community, the private sector, and other entities as necessary to implement the strategy; and (4) include measures to identify and overcome all obstacles to achieving the goal of reducing childhood obesity in the United States. SEC. 4. GRANTS TO LOCAL EDUCATIONAL AGENCIES TO ADOPT WELLNESS POLICIES AND ANTI-OBESITY INITIATIVES. (a) Grants.--The Director of the Centers for Disease Control and Prevention shall make grants to local educational agencies to reduce childhood obesity by adopting wellness policies and anti-obesity initiatives. (b) Use of Funds.--As a condition on the receipt of a grant under this section, a local educational agency shall agree to use the grant to reduce childhood obesity by adopting wellness policies and anti- obesity initiatives, which may include one or more of the following: (1) Strategies to improve the nutritional value of food served on school campuses. (2) Innovative ways to incorporate nutrition education into the curriculum from prekindergarten through grade 12. (3) Increased physical activity in during-and-after-school activities. (4) Any other measure that, in the determination of the Director, may provide a significant improvement in the health and wellness of children. (c) Cost Sharing.--As a condition on the receipt of a grant under this section, a local educational agency shall agree to pay, from funds derived from non-Federal sources, not less than 25 percent of the costs of the activities carried out with the grant. (d) Application.--To seek a grant under this section, a local educational agency shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. (e) Annual Accountability Report.--As a condition on the receipt of a grant under this section, a local educational agency shall agree to submit an annual accountability report to the Director. Each such report shall include a description of the degree to which the agency, in using grant funds, has made progress in reducing childhood obesity. (f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $20,000,000 for each of fiscal years 2008 through 2011. SEC. 5. EVALUATION OF PROGRAMS FOR THE PREVENTION OF OBESITY IN CHILDREN AND ADOLESCENTS. (a) In General.--For the purpose described in subsection (b), the Director shall (directly or through grants or contracts awarded to public or nonprofit private entities) arrange for the evaluation of a wide variety of existing programs designed in whole or in part to prevent obesity in children and adolescents, including programs that do not receive grants from the Federal Government for operation. (b) Purpose.--The purpose of the evaluation under this section shall be to determine the following: (1) The effectiveness of programs in reducing obesity in children and adolescents. (2) The factors contributing to the effectiveness of the programs. (3) The feasibility of replicating the programs in other locations. (c) Report.--Not later than 18 months after the date of the enactment of this Act, the Director shall submit a report to the Congress on the results of the evaluation under this section. (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2008 through 2011. SEC. 6. HEALTHY LIVING AND WELLNESS COORDINATING COUNCILS. (a) Grants.--The Director shall make grants on a competitive basis to State governments, local governments, and consortia of local governments to reduce childhood obesity through-- (1) establishing or expanding healthy living and wellness coordinating councils; and (2) supporting regional workshops. (b) Uses of Funds.--As a condition on the receipt of a grant under this section, an entity shall agree to use the grant to carry out one or more of the following: (1) Establishing a healthy living and wellness coordinating council. (2) Expanding the activities of a healthy living and wellness coordinating council, including by implementing State- based or region-wide activities that will reduce the rates of childhood obesity. (3) Supporting regional workshops designed to permit educators, administrators, health care providers, and other relevant parties to share successful research-based strategies for increasing healthy living and reducing obesity in elementary and secondary schools. (c) Council Requirements.--In this section, the term ``healthy living and wellness coordinating council'' means an organization that-- (1) is charged by a State government, a local government, or a consortium of local governments, as applicable, to increase healthy living and reduce obesity in elementary and secondary schools; and (2) is composed of educators, administrators, health care providers, and other relevant parties. (d) Cost Sharing.--As a condition on the receipt of a grant under this section, an entity shall agree to pay, from funds derived from non-Federal sources, not less than 25 percent of the costs of the activities carried out with the grant. (e) Annual Accountability Report.--As a condition on the receipt of a grant under this section, an entity shall agree to submit an annual accountability report to the Director. Each such report shall include a description of the degree to which the entity, in using grant funds, has made progress in increasing healthy living and reducing obesity in elementary and secondary schools. (f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2011. SEC. 7. DEFINITIONS. In this Act: (1) The term ``Director'' means the Director of the Centers for Disease Control and Prevention. (2) The term ``local educational agency'' has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

Stop Obesity in Schools Act of 2007 - Requires the Secretary of Health and Human Services to develop a national strategy to reduce childhood obesity that: (1) provides for the reduction of childhood obesity rates by 10% by the year 2011; (2) addresses short-term and long-term solutions; (3) identifies how the federal government can work effectively with entities to implement the strategy; and (4) includes measures to identify and overcome obstacles. Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) make matching grants to local educational agencies to reduce childhood obesity by adopting wellness policies and anti-obesity initiatives; (2) arrange for the evaluation of a wide variety of existing programs designed to prevent obesity in children and adolescents to determine their effectiveness, factors contributing to their effectiveness, and the feasibility of replicating the programs in other locations; and (3) make matching grants to state governments, local governments, and consortia of local governments to reduce childhood obesity through establishing or expanding healthy living and wellness coordinating councils (that are charged to increase healthy living and reduce obesity in elementary and secondary schools) and supporting regional workshops.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boko Haram Terrorist Designation Act of 2013''. SEC. 2. REPORT ON DESIGNATION OF BOKO HARAM AS A FOREIGN TERRORIST ORGANIZATION. (a) Findings.--Congress finds the following: (1) On August 26, 2011, a vehicle borne explosive device (VBIED) was detonated after being driven into the lobby of a United Nations facility in Abuja, Nigeria. At least 21 people died as a result of the explosion, and the Islamist militant organization commonly called ``Boko Haram'' claimed responsibility. (2) On December 25, 2011, a series of bombs were detonated across northern Nigeria. Some of these attacks killed worshippers attending Christmas Day services, and killed an estimated total of 41 people. Boko Haram claimed responsibility. (3) From their inception, Boko Haram has killed hundreds of innocent civilians and has continually enhanced its lethality, pledging to continue its use of terrorist tactics. In a July 2010 statement, Boko Haram's leader, Abubakar Shekau, issued support to al Qaeda and made threatening remarks to the United States. (4) On January 31, 2012, in testimony before Congress, Director of National Intelligence James Clapper included Boko Haram in his worldwide threat assessment, stating, ``There are also fears that Boko Haram--elements of which have engaged al- Qa'ida in the Islamic Maghreb (AQIM)--is interested in hitting Western targets, such as the U.S. Embassy and hotels frequented by Westerners.''. (5) On February 23, 2012, United States Ambassador to Nigeria Terrence P. McCulley indicated Boko Haram's danger was expanding. He said, ``We've seen an increase in sophistication, we've seen increased lethality. We saw at last a part of the group has decided it's in their interest to attack the international community.''. (6) On February 27, 2012, at a conference held by the African Society of the National Summit on Africa, former United States Ambassador to Nigeria Howard F. Jeter described Boko Haram by saying, ``It is a terrorist group. If you kill 28 innocent people worshipping in a church, it is a terrorist group.''. (7) The Foreign Office of the United Kingdom of Great Britain and Northern Ireland, a major United States ally, publicly refers to Boko Haram as the ``main terrorist threat in Nigeria''. (b) Report.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall, in consultation with the intelligence community, submit to the appropriate congressional committees-- (A) a detailed report on whether the Nigerian organization named ``People Committed to the Propagation of the Prophet's Teachings and Jihad'' (commonly known as ``Boko Haram'' and by other aliases, including Ansaru and Jama'atu Ahlis Sunna Lidda'awati Wal-Jihad), meets the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and (B) if the Secretary of State determines that Boko Haram does not meet such criteria, a detailed justification as to which criteria have not been met. (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if appropriate. (3) Definitions.--In this subsection: (A) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (i) the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (ii) the Committee on Homeland Security, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (B) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that Boko Haram meets the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) and should be designated as such. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act may be construed to infringe upon the sovereignty of the Government of Nigeria to combat militant or terrorist groups operating inside the boundaries of Nigeria.

Boko Haram Terrorist Designation Act of 2013 - Directs the Secretary of State to report to Congress on whether the Nigerian organization People Committed to the Propagation of the Prophet's Teachings and Jihad (Boko Haram) meets the criteria for designation as a foreign terrorist organization. Expresses the sense of Congress that Boko Haram meets such criteria and should be designated as a foreign terrorist organization. States that nothing in this Act may be construed to infringe upon Nigeria's sovereignty to combat militant or terrorist groups operating inside its boundaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NAFTA Accountability Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Expanded markets.--One of the purposes of the NAFTA, as stated in the preamble, is to ``create an expanded and secure market'' for goods and services. Instead, the NAFTA has resulted in a spiraling trade deficit with Mexico and Canada that will exceed $30,000,000,000 in 1995. Rather than harmonious development and expansion as envisioned, the NAFTA has resulted in trade deficits which are draining $2,500,000,000 a month from the United States economy. (2) Currency stability.--One of the purposes of the NAFTA is to ``ensure a predictable commercial framework for business planning and investment''. However, the NAFTA contains no safeguards to minimize the negative economic impacts of severe shifts in currency exchange rates among the NAFTA Parties. To protect its own economy the United States has sought to bolster the Mexican peso which is now being supported by $30,000,000,000 in loans, mostly from unwilling United States taxpayers. The devaluation of the Mexican peso has more than offset tariff reductions and other trade benefits the United States expected to achieve from the agreement. (3) Fair agricultural trade.--One of the purposes of the NAFTA is to reduce distortions to trade. In addition, the NAFTA is supposed to promote conditions of fair competition and to establish mutually advantageous rules governing trade. However, since the NAFTA, there has been a rapid escalation of one-way trade of Canadian grain exports of wheat, durum wheat, and barley to the United States, disrupting markets and marketing channels. Surges in the importation of certain Mexican fruits and vegetables threaten domestic production and the importation of livestock and meat products from the NAFTA Parties has exacerbated the severe problems facing United States livestock producers. (4) Jobs, wages, and living standards.--One of the purposes of the NAFTA is to ``create new employment opportunities and improve working conditions and living standards'' in the respective territories of the NAFTA Parties. Instead, there has been a substantial loss of over 300,000 high-paying jobs in the United States. A survey of United States companies conducted 20 months after the implementation of the NAFTA found that 90 percent of the companies that had anticipated an increased number of jobs from the NAFTA have, in fact, not increased employment since the NAFTA was implemented. In the first year of the NAFTA's implementation, United States workers had the sharpest drop of real hourly wages on record. More than 2,000,000 workers have become unemployed in Mexico since the implementation of the NAFTA and real wages of Mexican workers have been slashed 50 percent. In addition to the loss of purchasing power, there has been an erosion in the standards of living in the United States, Canada, and Mexico. (5) Manufacturing base.--One of the purposes of the NAFTA is to enhance the competitiveness of firms in the global market. However, rather than increase the ability of the manufacturing sector in the United States to compete in the world market, the NAFTA has facilitated the movement of United States manufacturing facilities and jobs to Mexico. The NAFTA has contributed to a net loss of 227,000 manufacturing jobs in the United States during the last 7 months and an unprecedented flood of imports of manufactured goods into the United States. (6) Health and environment.--Other purposes of the NAFTA are ``to safeguard the public welfare'' and ``to strengthen the development and enforcement of environmental laws and regulations''. Yet, since the implementation of the NAFTA, the public welfare has been undermined by increased imports of food products that do not meet United States health standards. In addition, the NAFTA has accelerated the relocation of United States manufacturing facilities to the United States-Mexico border zone, where hundreds of new manufacturing plants have been added. Without adequate environmental safeguards, the uncontrolled industrial and population growth in the border zone has aggravated pollution and health hazards, increasing the incidence of infectious diseases and human exposure to toxins. (7) Illegal drugs.--Rather than safeguarding the public welfare, the NAFTA has allowed the increased flow of illegal drugs and controlled substances into the United States from Mexico. More than half of all cocaine and marijuana illegally entering the United States now comes through Mexico, with an increasing portion carried by trucks which undergo more limited inspection under the NAFTA. (8) Protect rights.--The promotion of sustainable development as well as the protection and enhancement of basic rights are stated objectives of the NAFTA. As envisioned, the NAFTA is to increase economic opportunity together with expansion of political freedoms and human rights. Yet these objectives are not being fulfilled, especially in Mexico, where some citizens continue to experience infringements of such rights and freedoms. (9) NAFTA should not be expanded.--The Congress approved the NAFTA in order to achieve economic, social, and environmental benefits for the people of the United States. Based on currently available information, the goals and objectives of the NAFTA are not being achieved. Therefore, the NAFTA should not be expanded to include any other country. (10) NAFTA to be renegotiated and benefits certified.-- Based on the experience with the NAFTA since its implementation, it has become evident that further negotiation is required to resolve fundamental inadequacies within the NAFTA with respect to trade balances, currency differentials, and agricultural provisions. If the NAFTA is to continue, responsible public officials must be able to certify specific measures of economic, social, and environmental progress. Otherwise Congress has no choice but to withdraw its approval of the NAFTA. SEC. 3. CONDITIONS FOR CONTINUED PARTICIPATION IN THE NAFTA. (a) In General.-- (1) Withdrawal of approval.--Notwithstanding any other provision of law, unless each of the conditions described in paragraph (2) is met-- (A) the approval of the NAFTA by the Congress provided for in section 101(a) of the North American Free Trade Agreement Implementation Act shall cease to be effective on October 1, 1997, and (B) not later than April 1, 1997, the President shall provide written notice of withdrawal to the Governments of Canada and Mexico in accordance with Article 2205 of the NAFTA. (2) Conditions for continuing participation in nafta.--The conditions described in this paragraph are that before December 31, 1996-- (A) the President-- (i) renegotiate the terms of the NAFTA in accordance with paragraphs (1), (2), and (3) of subsection (b), and (ii) provide the certification to the Congress described in subsection (b)(8), (B) the Secretary of Labor provide the certification described in subsection (b)(4), (C) the Secretary of Commerce provide the certification described in subsection (b)(5), (D) the Secretary of Agriculture and the Administrator of the Food and Drug Administration provide the certification described in subsection (b)(6)(A), (E) the Administrator of the Environmental Protection Agency submit the certification and report described in subsection (b)(6)(B), and (F) the Attorney General of the United States provide the certification described in subsection (b)(7). (b) Areas of Renegotiation and Certification.--The areas of renegotiation and certification described in this subsection are as follows: (1) Renegotiate the nafta to correct trade deficits.--The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of the NAFTA to provide for implementation of emergency adjustments of tariffs, quotas, and other measures to stabilize the flow of trade among the NAFTA Parties when the United States has an annual deficit in trade of goods and services with another NAFTA Party that exceeds 10 percent of United States exports to that Party. (2) Renegotiate the nafta to correct currency distortions.--The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of the NAFTA to provide for the implementation of emergency adjustments of tariffs, quotas, and other measures to mitigate the adverse effects of rapid or substantial changes in exchange rates between the United States dollar and the currency of another NAFTA Party. (3) Renegotiate the nafta to correct agricultural provisions.--The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of the NAFTA to provide for the implementation of emergency tariffs, quotas, and other measures to bring the levels of wheat, durum wheat, and barley imported from Canada to levels that are comparable to the levels of these products imported during the 10-year period before the date the NAFTA entered into force with respect to the United States. The President is further authorized and directed to renegotiate the NAFTA to establish and strengthen provisions to prevent imports of agricultural commodities from any NAFTA Party from unfairly displacing United States production and to provide improved mechanisms for relief for United States producers that are adversely impacted by such imports. (4) Certification of gains in united states jobs and living standards.--If the Secretary of Labor, after consultation with appropriate government agencies and citizen organizations, determines that-- (A) the number of jobs resulting from increased exports of United States manufactured goods to other NAFTA Parties exceeds the number of jobs lost because of imports of manufactured goods from other NAFTA Parties since January 1, 1994, and (B) the purchasing power of wage-earners in the United States has increased since January 1, 1994, the Secretary shall so certify to the Congress. (5) Certification of increased domestic manufacturing.--If the Secretary of Commerce, after consultation with the appropriate government agencies and citizen organizations, determines that the export of United States manufactured goods to the NAFTA Parties exceeds the imports of manufactured goods from NAFTA Parties, the Secretary shall so certify to the Congress. In making the determination, the Secretary shall not include any goods originating outside the United States that are exported to another NAFTA Party, nor imports from another NAFTA Party that are destined for other countries. (6) Certification relating to health and environmental standards.-- (A) In general.--If the Secretary of Agriculture and the Administrator of the Food and Drug Administration, after consultation with appropriate government agencies and citizen organizations, determine, with respect to imports from NAFTA Parties, that since January 1, 1994, there has been a reduced incidence of contaminated and adulterated food, food containing additives or pesticide residues exceeding United States standards, or food containing additives or pesticide residues which cannot be legally used in the United States, the Secretary and Administrator shall so certify to the Congress. In making this determination, all foods and food products, including fruits, vegetables, grains, oilseeds, and meats, both fresh and processed, shall be reviewed. Special attention shall be given to foods which have had a history of violations. (B) Border area pollution.--If the Administrator of the Environmental Protection Agency determines that conditions affecting public health in the United States-Mexico border zone have not worsened since January 1, 1994, the Administrator shall so certify to the Congress. In addition, the Administrator, in consultation with the Secretariat for the NAFTA Commission on Environmental Cooperation, shall report to the Congress on the outcomes of the Administration's investigations on pollution and health hazards in and around the United States-Mexico border zone since the implementation of the NAFTA. The report shall include-- (i) a description and status report of all industrial site cleanup and environmental improvement projects begun in the border zone since January 1, 1994; (ii) information available from local, State, and Federal health agencies reflecting the incidence since January 1, 1990, in and around the border zone of hepatitis, neural stem birth defects, lupus, chronic adolescent diarrhea, tuberculosis, nonneural birth defects, cholera, botulism, and other disorders commonly related to industrial pollution, inadequate infrastructures, and hazardous waste; and (iii) information on the incidence of air and water pollution since January 1, 1990, and the causes, levels, and types of pollution which have occurred. (7) Certification relating to illegal drugs.--If the Attorney General of the United States determines, after a review by the Drug Enforcement Administration and consultation with appropriate government agencies and citizen organizations, that increased imports from the NAFTA Parties are not resulting in an increase in illegal drugs or other controlled substances from Mexico or Canada, the Attorney General shall so certify to the Congress. The Attorney General through the Drug Enforcement Administration shall conduct a thorough review and report to the Congress regarding the flow of illegal drugs from Mexico and Canada and the relationship of such flow to trade of other commodities and services with the NAFTA Parties. (8) Certification relating to democracy and human freedoms.--If the President, after consultation with appropriate government agencies, international organizations, and citizen organizations, determines that the Government of Mexico-- (A) is elected in free and fair elections, (B) protects the rights of its citizens to organize into political parties, (C) protects the rights of its citizens to free speech and the right of the news media to operate without fear of government control or reprisal, and (D) protects the rights of its citizens to assemble and to organize associations to advance human rights and economic opportunities, the President shall so certify to the Congress. SEC. 4. CONSULTATION WITH CONGRESS. The President shall consult regularly with the Congress regarding the negotiations described in section 3(b) (1), (2), and (3). The United States Trade Representative shall consult with the appropriate committees of Congress in the development of any technical and conforming amendments that may be required to carry out the provisions of this Act. SEC. 5. NO EXPANSION OF NAFTA. Until such time as the conditions described in section 3(b) are met, it is the sense of the Congress that the President should not engage in negotiations to expand the NAFTA to include other countries and that fast-track authority should not be renewed with respect to the approval of any such expansion of the NAFTA. SEC. 6. DEFINITIONS. As used in this Act: (1) NAFTA.--The term ``NAFTA'' means the North American Free Trade Agreement entered into between the United States, Canada, and Mexico on December 17, 1992. (2) NAFTA party.--The term ``NAFTA Party'' means the United States, Canada, or Mexico. (3) United States-Mexico border zone.--The term ``United States-Mexico border zone'' means the area that comprises the 12-mile zone on the Mexican side of the United States-Mexico border and the counties within any State of the United States that are contiguous with Mexico.

NAFTA Accountability Act - Requires assessment of the impact of the North American Free Trade Agreement (NAFTA), further negotiation of certain NAFTA provisions, and withdrawal from NAFTA unless specified conditions are met and certified to. Sets forth conditions for continuing U.S. participation in NAFTA, which must be met before the end of 1996. Requires the President to renegotiate the terms of NAFTA to correct trade deficits, currency distortions, and agricultural provisions in specified ways. Requires certifications by certain U.S. officials with respect to NAFTA, relating to: (1) gains in U.S. jobs and living standards (by the Secretary of Labor); (2) increased U.S. domestic manufacturing (by the Secretary of Commerce); (3) health and environmental standards, with respect to food imports and to U.S.-Mexico border areas (by the Secretary of Agriculture, the Administrator of the Food and Drug Administration, and the Administrator of the Environmental Protection Agency); (4) flow of illegal drugs from Mexico and Canada (by the Attorney General); and (5) Mexican democracy and human freedoms (by the President). Directs the President to consult regularly with the Congress regarding such negotiations. Directs the U.S. Trade Representative to consult with appropriate congressional committees in developing technical and conforming amendments that may be required to carry out this Act. Expresses the sense of the Congress that until the conditions set by this Act are met: (1) the President should not engage in negotiations to expand NAFTA to include other countries; and (2) fast-track authority should not be renewed with respect to the approval of any such NAFTA expansion.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Employment Outcomes of TANF Recipients Act''. SEC. 2. IMPROVING ECONOMIC MOBILITY OF TANF RECIPIENTS. Section 403(a)(4) of the Social Security Act (42 U.S.C. 603(a)(4)) is amended to read as follows: ``(4) Improving economic mobility of tanf recipients.-- ``(A) Measuring state performance.-- ``(i) In general.--Each State, in consultation with the Secretary, shall collect and report information necessary to measure the level of performance of the State for each indicator described in clause (ii), for fiscal year 2018 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2018 to establish the baseline level of performance of each State for each such indicator. ``(ii) Indicators.--The indicators described in this clause, for a fiscal year, are the following: ``(I) The employment percentage for the fiscal year, which is equal to-- ``(aa) the number of families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who, during the 2nd quarter after the exit, include an adult in unsubsidized employment; divided by ``(bb) the number of families who received assistance from the program in the exit quarter referred to in subclause (aa). ``(II) The retention percentage for the fiscal year, which is equal to-- ``(aa) the number of families receiving assistance from the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who, during the 4th quarter after the exit, include an adult in unsubsidized employment; divided by ``(bb) the number of families who received assistance under the program in the exit quarter referred to in subclause (aa). ``(III) The advancement measure for the fiscal year, which is equal to the median earnings of the adults receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who during the 2nd quarter after the exit, are in unsubsidized employment. ``(iii) Agreement on requisite performance level for each indicator.-- ``(I) Fiscal years 2019 and 2020.-- The State shall reach agreement with the Secretary on the requisite level of performance for each indicator described in clause (ii), for each of fiscal years 2019 and 2020. In establishing the requisite levels of performance, the State and the Secretary shall-- ``(aa) take into account how the levels involved compare with the levels established for other States; ``(bb) ensure the levels involved are adjusted, using the objective statistical model referred to in clause (v), based on-- ``(AA) the differences among States in actual economic conditions, including differences in unemployment rates and job losses or gains in particular industries; and ``(BB) the characteristics of participants on entry into the program, including indicators of prior work history, lack of educational or occupational skills attainment, or other factors that may affect employment and earnings; and ``(cc) take into account the extent to which the levels involved promote continuous improvement in performance by each State. ``(II) Fiscal year 2021.--The State shall reach agreement with the Secretary, before fiscal year 2021, on the requisite level of performance for each indicator described in clause (ii), for fiscal year 2021, which shall be established in accordance with subclause (I) of this clause. ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a fiscal year and a State to reflect the actual economic conditions and characteristics of participants during that fiscal year in the State. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for actual economic conditions and characteristics of participants, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141). ``(B) Report on state performance.-- ``(i) In general.--Not later than October 1, 2017, the Secretary shall develop a template which each State shall use to report on outcomes achieved under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). ``(ii) Contents.--Each such report shall include-- ``(I) the number of individuals who exited the program during the year, and their reasons for doing so, including a separate accounting of the number of work-eligible individuals (as so defined) who exited the program during the year and their reasons for doing so; ``(II) the characteristics of the individuals who exited the program during the year, including information on the length of time the individual received assistance under the program, the educational level of the individual, and the earnings of the individual in the 4 quarters preceding the exit; and ``(III) information specifying the levels of performance achieved on each indicator described in subparagraph (A)(ii). ``(iii) Publication.--Not later than September 30 of fiscal year 2020 and of each succeeding fiscal year, the Secretary shall make available electronically to the public each report submitted under this subparagraph during the fiscal year. ``(C) Regulations.--The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations as may be necessary to provide for the measurement of State performance on the indicators described in this paragraph.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2016. Amend the title so as to read: ``A bill to increase the employment, job retention, and earnings of former TANF recipients.''.

Improving Employment Outcomes of TANF Recipients Act (Sec. 2) This bill amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to replace the current program of bonus grants for high performing states with a program requiring each state to collect and report information necessary to measure the state's level of performance for FY2018 and each ensuing fiscal year for each employment percentage, retention percentage, and earnings advancement measure for adults in unsubsidized employment after exiting the TANF program (indicators). The Department of Health and Human Services (HHS) shall use the information collected for FY2018 to establish the baseline level of performance of each state for each indicator. The state shall reach agreement with HHS: (1) on the requisite level of performance for each indicator for FY2019-FY2020; and (2) before FY2021 on the requisite level of performance for each indicator for that fiscal year. HHS shall revise the requisite levels of performance for a fiscal year and a state to reflect the actual economic conditions and characteristics of participants. HHS shall use an objective statistical model to make such performance level adjustments, and shall consult with the Department of Labor to develop a statistical adjustment model similar to one described in the Workforce Innovation and Opportunity Act. HHS shall also develop a template which each state shall use to report on outcomes achieved under the new program or any other state program funded with qualified state expenditures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Fairness Act''. SEC. 2. DEFINITIONS. In this Act: (1) Coast line.--The term ``coast line'' means the line of ordinary low water along the portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, as in existence on the day that is 1 day before the date of enactment of this Act. (2) Existing interest.--The term ``existing interest'' means any lease, easement, right of use, or right-of-way on, or for any natural resources or minerals, underlying, expanded submerged land that is in existence on the date of conveyance of the expanded submerged land. (3) Expanded seaward boundary.--The term ``expanded seaward boundary'' means the boundary of a State that is 3 marine leagues seaward of the coast line of the State. (4) Expanded submerged land.--The term ``expanded submerged land'' means the area of the outer Continental Shelf that is located between the point that is 3 miles seaward of the coast line of a State and the point that is 3 marine leagues seaward of the coast line of the State. (5) Interest owner.--The term ``interest owner'' means any person holding an existing interest or a portion of an existing interest. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means any of the States of Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia. SEC. 3. SEAWARD BOUNDARIES OF CERTAIN STATES. (a) Seaward Boundaries.--Section 4 of the Submerged Lands Act (43 U.S.C. 1312) is amended-- (1) by striking ``The'' at the beginning and inserting the following: ``(a) In General.--Except for the States described in subsection (b), the''; and (2) by adding at the end the following: ``(b) Seaward Boundaries of Certain Coastal States.--Subject to subsection (a), the seaward boundary of each of the following States shall be a line 3 marine leagues distant from the coast line of the State as of the date that is 1 day before the date of enactment of the Offshore Fairness Act: ``(1) Alabama. ``(2) Florida. ``(3) Georgia. ``(4) Louisiana. ``(5) Mississippi. ``(6) North Carolina. ``(7) South Carolina. ``(8) Virginia.''. (b) Conforming Amendments.--Section 2 of the Submerged Lands Act (43 U.S.C. 1301) is amended-- (1) in subsection (a)(2), by inserting ``, or 3 marine leagues distant from the coast line of a State described in section 4(b),'' after ``the coast line of each such State''; and (2) in subsection (b)-- (A) by striking ``from the coast line''; (B) by inserting ``from the coast line of a State, or more than 3 marine leagues from the coast line of a State described in section 4(b),'' after ``three geographical miles''; and (C) by inserting ``from the coast line of a State, or more than 3 marine leagues from the coast line of a State described in section 4(b),'' after ``three marine leagues''. SEC. 4. CONVEYANCE. (a) In General.--Subject to subsections (b) and (c) and section 5, the Secretary shall, by not later than 120 days after the date of enactment of this Act-- (1) notify each State of the right to request a conveyance of the applicable interest of the United States in and to the expanded submerged land; and (2) at the request of a State, convey to the applicable State the interest of the United States in and to the expanded submerged land. (b) Administration.--On conveyance under subsection (a), the Secretary shall transfer to the Governor of the State the authority to exercise the powers and duties of the Secretary under the terms of any existing interest, subject to the condition that the State-- (1) shall not impose any burdens or requirements on an interest owner that would be stricter than any burdens or requirements imposed under Federal law; and (2) shall not impose any administrative or judicial penalty or sanction on an interest owner that is more severe than any administrative or judicial penalty or sanction under current Federal law. (c) Liability.--As a condition of accepting the conveyance, the State shall agree to indemnify the United States from any liability to any interest owner for the taking of a property interest or breach of contract arising from-- (1) the conveyance of the expanded submerged land to the State; or (2) the administration by the State of any existing interest on or underlying the expanded submerged land. SEC. 5. EFFECT. (a) In General.--Subject to subsections (b) through (e), this Act and the amendments made by this Act shall not affect any valid existing right in and to the expanded submerged land. (b) Submerged Land.--Submerged land within the seaward boundaries of a State (as extended by the amendments made by this Act) shall be-- (1) subject to Federal oil and gas mineral rights to the extent provided by law; (2) considered to be part of the Federal outer Continental Shelf for purposes of the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); and (3) subject to-- (A) leasing under the authority of that Act; (B) the distribution of revenues under section 8(g)(2) of that Act (43 U.S.C. 1337(g)(2)); and (C) any other laws applicable to the leasing of the oil and gas resources of the Federal outer Continental Shelf, including the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). (c) Existing Leases.-- (1) In general.--The amendments made by this Act shall not affect any Federal oil and gas lease in effect on the date of conveyance under section 4. (2) Divided leases.--If the conveyance under section 4 results in a division of a Federal oil and gas lease that is in existence on the date of conveyance, the conveyance of the portion of the expanded submerged land that is covered by the lease shall not take effect until the date that is 1 day after the date that the lease expires or terminates. (d) Future Interests.--This section shall not apply to any interest in the expanded submerged land that is granted by the State after the date on which the land is conveyed to the State under section 4. (e) Taxation.-- (1) In general.--Subject to paragraph (2), a State may exercise all of the sovereign powers of taxation of the State within the entire extent of the seaward boundaries of the State (as extended by the amendments made by this Act). (2) Limitation.--Nothing in this subsection affects the authority of a State to tax any Federal oil and gas lease in effect on the date of enactment of this Act. SEC. 6. JURISDICTION OF GULF COASTAL STATES WITH RESPECT TO GULF OF MEXICO RED SNAPPER. (a) Definitions.--In this section: (1) Exclusive economic zone.--The term ``exclusive economic zone'' has the meaning given the term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (2) Gulf coastal state.--The term ``Gulf coastal State'' means the following States bordering the Gulf of Mexico: (A) Alabama. (B) Florida. (C) Louisiana. (D) Mississippi. (E) Texas. (b) Jurisdiction.--For purposes of management of Gulf of Mexico red snapper, on approval by each of the Gulf coastal States of a fishery management plan applicable to the Gulf coastal States that provides for the sustainability of Gulf of Mexico red snapper, the Gulf coastal States shall have exclusive fishery management authority to manage and conserve the Gulf of Mexico red snapper in adjacent coastal waters of the applicable Gulf coastal State and extending through the exclusive economic zone. (c) National Oceanic and Atmospheric Administration.--The Administrator of the National Oceanic and Atmospheric Administration shall provide financial assistance to the Gulf coastal States for the conduct of any necessary stock assessments and data collection relating to Gulf of Mexico red snapper under subsection (b).

Offshore Fairness Act This bill amends the Submerged Lands Act to change the seaward boundaries of Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia from a distance of three geographic miles from the coast line to a distance of three marine leagues. This change expands the offshore jurisdictions of those states. The Department of the Interior must convey the submerged land in the Outer Continental Shelf that is within this expanded area to a state upon request. After a conveyance, states are prohibited from imposing on that land: (1) burdens or requirements on an interest owner that would be stricter than federal burdens or requirements, or (2) administrative or judicial penalties or sanctions on an interest owner that are more severe than the federal penalties or sanctions. The submerged land within the seaward boundaries of those states are subject to federal oil and gas mineral rights and are considered to be part of the federal Outer Continental Shelf for purposes of the Outer Continental Shelf Lands Act, the Gulf of Mexico Energy Security Act of 2006, and other laws applicable to the leasing of the oil and gas resources. Alabama, Florida, Louisiana, Mississippi, and Texas are given exclusive fishery management authority to manage and conserve the Gulf of Mexico red snapper in adjacent coastal waters of the applicable state and through the exclusive economic zone. The National Oceanic and Atmospheric Administration must provide financial assistance to those states for stock assessments and data collection relating to the Gulf of Mexico red snapper.

SECTION 1. SHORT TITLE. This Act may be cited as the ``More Border Patrol Agents Now Act of 2006''. SEC. 2. BORDER PATROL AGENT ENHANCEMENT. (a) Plan.--In order to address the recruitment and retention challenges faced by the United States Border Patrol, the Secretary of Homeland Security shall, not later than six months after the date of the enactment of this Act, submit to the Committee on Homeland Security and the Committee on Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan to determine how the Border Patrol can better recruit and retain Border Patrol agents with the appropriate skills and training to effectively carry out its mission and responsibilities. (b) Contents.--The plan shall include, at a minimum, the following components: (1) A strategy for the utilization of the recruitment authority provided under subsection (b), as well as any other strategies the Secretary determines to be important in recruiting well-qualified Border Patrol agents. (2) A strategy for the utilization of the retention authority provided under subsection (b), as well as any other strategies the Secretary determines to be important in retaining well-qualified Border Patrol agents. (3) An assessment of the impact that current pay levels for Border Patrol agents has on the Department's ability to recruit and retain Border Patrol agents, especially in high cost-of- living areas. (4) An assessment of whether increased flexibility in the Department's ability to transfer Border Patrol agents between duty stations would improve employee morale and enhance the Department's ability to recruit and retain well-qualified Border Patrol agents. SEC. 3. RECRUITMENT AND RETENTION BONUSES FOR BORDER PATROL AGENT ENHANCEMENT. (a) In General.--Chapter 97 of title 5, United States Code, is amended by adding at the end the following new section: ``Sec. 9702. Border Patrol agent enhancement ``(a) Recruitment Bonuses for Border Patrol Agents.-- ``(1) In general.--In order to carry out the plan described in section 2(a) of the More Border Patrol Agents Now Act of 2006, the Secretary of Homeland Security may pay a bonus to an individual to recruit a sufficient number of Border Patrol agents. ``(2) Bonus amount.-- ``(A) In general.--The amount of a bonus under this subsection shall be determined by the Secretary, but may not exceed 25 percent of the annual rate of basic pay of the position involved as of the beginning of the period of service referred to in paragraph (3)(A). ``(B) Lump-sum.--A bonus under this subsection shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. ``(3) Service agreements.--Payment of a bonus under this section shall be contingent upon the individual entering into a written service agreement with the United States Border Patrol. The agreement shall include-- ``(A) the period of service the individual shall be required to complete in return for the bonus; and ``(B) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of such termination. ``(4) Limitation on eligibility.--A bonus under this section may not be paid to recruit an individual for-- ``(A) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate; ``(B) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or ``(C) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. ``(5) Termination.--The authority to pay bonuses under this subsection shall terminate five years after the date of the enactment of this section. ``(b) Retention Bonuses for Border Patrol Agents.-- ``(1) In general.--In order to carry out the plan described in section 2(a) of the More Border Patrol Agents Now Act of 2006, the Secretary of Homeland Security may pay a retention bonus to a Border Patrol agent. ``(2) Service agreement.--Payment of a bonus under this subsection is contingent upon the employee entering into a written service agreement with the United States Border Patrol to complete a period of service with the Border Patrol. Such agreement shall include-- ``(A) the period of service the employee shall be required to complete in return for the bonus; and ``(B) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of such termination. ``(3) Bonus amount.-- ``(A) In general.--The amount of a bonus under this subsection shall be determined by the Secretary, but may not exceed 25 percent of the annual rate of basic pay of the position involved as of the beginning of the period of service referred to in paragraph (2)(A). ``(B) Lump-sum.--A bonus under this subsection shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. ``(4) Limitation.--A bonus under this subsection may not be based on any period of service which is the basis for a recruitment bonus under subsection (a). ``(5) Termination of authority.--The authority to grant bonuses under this subsection shall expire five years after the date of the enactment of this section. ``(c) Waiver Authority Relating to Reemployed Annuitants.-- ``(1) In general.--In order to help address the challenges faced by the United States Border Patrol, the Secretary of Homeland Security may appoint annuitants to positions within the United States Border Patrol in accordance with succeeding provisions of this subsection. ``(2) Exclusion from offset.--An annuitant serving in a position within the United States Border Patrol pursuant to an appointment made under paragraph (1)-- ``(A) shall not be subject to the provisions of section 8344 or 8468, as the case may be; and ``(B) shall not, for purposes of subchapter III of chapter 83 or chapter 84, be considered an employee. ``(3) Limitations.-- ``(A) Appointments.--The authority to make any appointments under paragraph (1) shall terminate five years after the date of the enactment of this subsection. ``(B) Exclusion.--The provisions of paragraph (2) shall not, in the case of any annuitant appointed under paragraph (1), remain in effect-- ``(i) with respect to more than five years of service (in the aggregate); nor ``(ii) with respect to any service performed after the end of the ten-year period beginning on the date of the enactment of this subsection. ``(4) Definition.--For purposes of this subsection, the term `annuitant' has the meaning given such term by section 8331 or 8401, as the case may be.''. (b) Conforming Amendment.--The table of contents for chapter 97 of title 5, United States Code, is amended by adding at the end the following: ``9702. Border Patrol agent enhancement.''.

More Border Patrol Agents Now Act of 2006 - Directs the Secretary of Homeland Security to submit to the House Committees on Homeland Security and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs a plan to determine how the Border Patrol can better recruit and retain agents with the appropriate skills and training. Requires such plan to include: (1) recruitment and retention strategies; and (2) assessments of the impact of pay levels and duty station transfer opportunities upon recruitment and retention. Amends federal law to authorize the Secretary (for five years) to pay a: (1) bonus to an individual to recruit Border Patrol agents; and (2) retention bonus to Border Patrol agents. Authorizes the Secretary (for five years) to appoint annuitants to Border Patrol positions.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Railroad Security and Public Awareness Act of 2004''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Rail worker security training program. Sec. 3. Public awareness. Sec. 4. Railroad security upgrades. SEC. 2. RAIL WORKER SECURITY TRAINING PROGRAM. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with appropriate law enforcement, security, and terrorism experts, representatives of railroad carriers, and nonprofit employee organizations that represent rail workers, shall develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. (b) Program Elements.--The guidance developed under subsection (a) shall require such a program to include, at a minimum, elements that address the following: (1) Determination of the seriousness of any occurrence. (2) Crew communication and coordination. (3) Appropriate responses to defend oneself. (4) Use of protective devices. (5) Evacuation procedures. (6) Psychology of terrorists to cope with hijacker behavior and passenger responses. (7) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures. (8) All employee training provisions included in the Transportation Security Directive (SD RAILPAX-04-01 and SD RAILRAX-04-02) issued under the authority of section 114 of title 49, United States Code, by the Transportation Security Administration on May 20, 2004. (9) Any other areas that the Secretary deems appropriate. (c) Railroad Carrier Programs.--Not later than 60 days after the Secretary issues guidance under subsection (a) in final form, each railroad carrier shall develop a rail worker security training program in accordance with that guidance and submit it to the Secretary for approval. Not later than 30 days after receiving a railroad carrier's program under this subsection, the Secretary shall review the program and approve it or require the railroad carrier to make any revisions the Secretary considers necessary for the program to meet the guidance requirements. (d) Training.--Not later than 180 days after the Secretary approves the training program developed by a railroad carrier under this section, the railroad carrier shall complete the training of all front- line workers in accordance with that program. (e) Updates.--The Secretary shall update the training guidance issued under subsection (a) from time to time to reflect new or different security threats, and require railroad carriers to revise their programs accordingly and provide additional training to their front-line workers. (f) Security Training Program Grants.--The Secretary of Homeland Security is authorized to make grants to railroads (including intercity, heavy, and light rail), hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of costs incurred to implement the program detailed in subsection (a). (g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security $250,000,000 for fiscal year 2006 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended. (h) Definition.--For purposes of this section, the term ``front- line workers'' means heavy and light rail employees who have daily access to the operations infrastructure and passengers of their rail systems. SEC. 3. PUBLIC AWARENESS. Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad system security. Such plan shall also provide outreach to railroad carriers and their employees to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve railroad security. Not later than 9 months after the date of enactment of this Act, the Secretary of Homeland Security shall implement the plan developed under this section. SEC. 4. RAILROAD SECURITY UPGRADES. (a) Security Improvement Grants.--The Secretary of Homeland Security is authorized to make grants to railroads (including intercity passenger and heavy and light rail), hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of costs incurred to prevent or respond to acts of terrorism, sabotage, or other railroad security threats, including providing for-- (1) technologies for reduction of tank car vulnerability; (2) demonstration of bridge and tunnel inspection technologies; (3) security and redundancy for critical communications, electric power (including traction power), computer, and train control systems essential for secure railroad operations or to continue railroad operations after an attack impacting railroad operations; (4) the security of hazardous material transportation by railroad; (5) secure passenger railroad stations, trains, and infrastructure; (6) public security awareness campaigns for passenger train operations; (7) the sharing of intelligence and information about railroad security threats; (8) train tracking and interoperable communications systems that are coordinated to the maximum extent possible; (9) additional police and security officers, including canine units; and (10) all provisions included in the Transportation Security Directives (SD RAILPAX-04-01 and SD RAILPAX-04-02) issued under the authority of section 114 of title 49, United States Code, by the Transportation Security Administration on May 20, 2004. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security $250,000,000 for fiscal year 2006 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended.

Railroad Security and Public Awareness Act of 2004 - Directs the Secretary of Homeland Security to develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. Requires railroad carriers to develop a rail worker security training program that meets the Secretary's approval. Authorizes the Secretary to make grants to railroads (including intercity, heavy, and light rail), hazardous materials shippers, owners of hazardous materials rail cars, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of: (1) rail worker security training program costs; and (2) security upgrade costs incurred by a railroad to prevent or respond to acts of terrorism, sabotage, or other railroad security threats. Directs the Secretary to develop a national plan for public outreach and awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Medical Malpractice Information Reporting and Competition Act of 2003''. SEC. 2. ESTABLISHMENT OF OFFICE OF HEALTH CARE COMPETITION WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES. (a) In General.--There is established within the Department of Health and Human Services an Office to be known as the Office of Health Care Competition Policy (in this section referred to as the ``Office''). The Office shall be headed by a Director, who shall be appointed by the Secretary of such Department. (b) Duties.-- (1) Responsibility for national practitioner data base.-- The Office shall be responsible for activities of the Secretary under part B of title IV of the Health Care Quality Improvement Act of 1986 (title IV of Public Law 99-660), including the National Practitioner Data Base under such part. (2) Annual report.--The Director of the Office shall submit a report each year to the Secretary of Health and Human Services on activities conducted under such part. SEC. 3. CHANGES IN NATIONAL PRACTITIONER DATA BASE PROVISIONS. (a) Requiring Additional Reports on Medical Malpractice Insurance and Claims.--Part B of title IV of the Health Care Quality Improvement Act of 1986 (title IV of Public Law 99-660) is amended by inserting after section 421 the following new section: ``SEC. 421A. REQUIRING REPORTS ON MEDICAL MALPRACTICE INSURANCE AND CLAIMS. ``(a) In General.--Each entity (including an insurance company) which underwrites a policy of insurance for medical malpractice actions or claims shall report, in accordance with section 424, information respecting such insurance and claims for payment under such policy. Such information shall be in addition to, and may be coordinated with, the information required to be reported under section 421. ``(b) Information to Be Reported.-- ``(1) In general.--The information to be reported under subsection (a) by an entity with respect to a medical malpractice insurance policy includes the following: ``(A) Direct premiums written. ``(B) Direct premiums earned. ``(C) Net investment income, including net realized capital gains and losses, using appropriate estimates where necessary. ``(D) Incurred claims, developed as the sum of the following (the report shall include data for each of the following: ``(i) Dollar amount of claims closed with payment; plus. ``(ii) Reserves for reported claims at the end of the current year; minus. ``(iii) Reserves for reported claims at the end of the previous year; plus. ``(iv) Reserves for incurred but not reported claims at the end of the current year; minus. ``(v) Reserves for incurred but not reported claims at the end of the previous year; plus. ``(vi) Loss adjustment expenses for claims closed; plus. ``(vii) Reserves for loss adjustment expense at the end of the current year; minus. ``(viii) Reserves for loss adjustment expense at the end of the previous year. (categories used to develop the sum of incurred claims). ``(E) Actual incurred expenses allocated separately to loss adjustment, commissions, other acquisition costs, advertising, general office expenses, taxes, licenses and fees, and all other expenses. ``(F) Net underwriting gain or loss. ``(G) Net operation gain or loss, including net investment income. ``(H) The number and dollar amount of claims closed with payment by year incurred, the amount reserved for each claim, the year(s) in which the reserves were set, and the amounts set in each year. ``(I) The number of claims closed without payment, the dollar amount reserved for each claim, the years in which reserves were set, and the amounts set in each. ``(J) The number of claims pending at the end of each year, the amount of reserve[d] for each claim, the year(s) in which the reserves were set, and the amounts set in each year. ``(2) Claims paid.--Such report shall also include the following: ``(A) For claims paid by the insurer during the calendar year, in which a verdict had at any time been rendered. ``(i) The dollar amount paid by the insurance company; and ``(ii) The dollar amount of the original verdict. ``(B) For claims paid by the insurer during the calendar year, in which a verdict had at any time been rendered. ``(i) The dollar amount of the original verdict, broken out as follows: ``(I) The total amount of past economic damages assessed by the trier of fact. ``(II) The total amount of future economic damages assessed by the trier of fact. ``(III) The total amount of compensatory non-economic damages assessed by the trier of fact. ``(IV) The total amount of punitive damages assessed by the trier of fact. ``(ii) The dollar amount paid by all parties. ``(iii) The dollar amount paid by the insurer. ``(iv) The number of claims paid by the insurer. ``(C) For claims paid by the insurer during the calendar year, in which a verdict had never been rendered. ``(i) The total amount paid by the insurer broken out as follows: ``(I) The amount of the plaintiff's past economic damages, as submitted by the plaintiff. ``(II) The amount of the plaintiff's future economic damages, as estimated by the insurer. ``(III) The amount paid by the insurer for other damages. ``(ii) The number of claims paid by the insurer. ``(D) The number of claims in which the insurer paid-- ``(i) more than $250,000 in non-economic damages; and ``(ii) more than $500,000 in non-economic damages. ``(E) For claims paid by the insurer during the calendar year, the number of claims in which-- ``(i) punitive damages were assessed by the trier of fact; ``(ii) punitive damages were paid by any party; and ``(iii) punitive damages were paid by the insurer. ``(F) For claims paid by the insurer during the calendar year-- ``(i) the dollar amount of punitive damages assessed by the trier of fact; ``(ii) the dollar amount of punitive damages paid by all parties; and ``(iii) the dollar amount of punitive damages paid by the insurer. ``(G) The number and dollar amount of claims paid by the insurer during the calendar year in which parties other than the insured-- ``(i) had at any time been found liable by the trier of fact; or ``(ii) had been estimated by the insurance company to have some liability. ``(H) For those claims identified in paragraph (7), the amount by which the amount paid by the insurer exceeds the amount proportional to the insured's percentage of responsibility. ``(I) Such other information as the Secretary determines is required for appropriate interpretation of information reported under this section. ``(c) Sanctions for Failure to Report.--The provisions of section 421(c) shall apply to information required to be reported under this section in the same manner as they apply to the reporting of information on a payment required to be reported under section 421. ``(d) Coordination of Information Reporting.--The Secretary shall provide for the coordination of reporting of information under this section with the reporting of related information under section 421.''. (b) Inclusion and Availability of Information.--Section 427(b) of such Act (42 U.S.C. 11137(b)) is amended by adding at the end the following new paragraph: ``(4) Availability of public file data.--Notwithstanding the previous provisions of this subsection, the Secretary shall make available, for free from the website maintained in connection with the data base established to carry out this part, information reported under sections 421 and 421A which does not provide for individually identifiable information.''. (c) Effective Date.--The amendments made by this section shall take effect 6 months after the date of the enactment of this Act .

Improved Medical Malpractice Information Reporting and Competition Act of 2003 - Establishes an Office of Health Care Competition Policy in the Department of Health and Human Services, to be headed by a Director appointed by the Secretary. Declares that the Office shall be responsible for certain activities of the Secretary delineated in the Health Care Quality Improvement Act of 1986, including for the National Practitioner Database under such Act.Amends the Health Care Quality Improvement Act of 1986 to require each entity (including an insurance company) which underwrites a policy of insurance for medical malpractice actions or claims to report information respecting such insurance or claims. Specifies material that such reports should contain, including: (1) direct premiums written and earned; (2) net investment income, including net realized capital gains and losses; (3) incurred claims; (4) actual incurred expenses; and (5) certain information on claims paid, including verdict amounts.Prescribes a civil penalty of not more than $10,000 for each instance of a payment required to be reported under this Act which is not reported. Provides for the coordination of the information collected under this Act with information reported on medical malpractice payments, with the Secretary to make both sets of data available for free on the Internet without individually identifiable information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Flow of Information Act of 2005''. SEC. 2. CONDITIONS FOR COMPELLED DISCLOSURE. (a) Conditions for Compelled Disclosure.--A Federal entity may not compel a covered person to testify or produce any document in any proceeding or in connection with any issue arising under Federal law unless a court determines by clear and convincing evidence, after providing notice and an opportunity to be heard to the covered person-- (1) that the party seeking to compel production of such testimony or document has unsuccessfully attempted to obtain such testimony or document from all persons from which such testimony or document could reasonably be obtained other than a covered person; (2) that-- (A) in a criminal investigation or prosecution, based on information obtained from a person other than a covered person-- (i) there are reasonable grounds to believe that a crime has occurred; and (ii) the testimony or document sought is essential to the investigation, prosecution, or defense; or (B) in a matter other than a criminal investigation or prosecution, based on information obtained from a person other than a covered person, the testimony or document sought is essential to a dispositive issue of substantial importance to that matter; and (3) in any matter in which 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 imminent and actual harm to national security; (B) compelled disclosure of the identity of such a source would prevent such harm; and (C) the harm sought to be redressed by requiring disclosure clearly outweighs the public interest in protecting the free flow of information. (b) Limitations on Content of Information.--The content of any testimony or document that is compelled under subsection (a) shall, to the extent possible-- (1) 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. SEC. 3. COMPELLED DISCLOSURE PERMITTED. Notwithstanding any provision of section 2, in any proceeding or in connection with any issue arising under Federal law, a Federal entity may compel a covered person to produce any testimony or document that consists only of commercial or financial information that is not related to news gathering or the dissemination of news and information by the covered person. SEC. 4. COMPELLED DISCLOSURE FROM THIRD PARTIES. (a) Conditions for Compelled Disclosure.--Section 2 shall apply to any testimony or document that a third party or a Federal entity seeks from a communications service provider if such testimony or document consists of any record, information, or other communication that relates to a business transaction between a communications service provider and 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 determines by clear and convincing evidence that such notice would pose a substantial threat to the integrity of a criminal investigation. SEC. 5. 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 the 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) an entity that disseminates information by print, broadcast, cable, satellite, mechanical, photographic, electronic, or other means and that-- (i) publishes a newspaper, book, magazine, or other periodical in print or electronic form; (ii) operates a radio or television broadcast station (or network of such stations), cable system, or satellite carrier, or a channel or programming service for any such station, network, system, or carrier; or (iii) operates a news agency or wire service; (B) a parent, subsidiary, or affiliate of such an entity to the extent that such parent, subsidiary, or affiliate is engaged in news gathering or the dissemination of news and information; or (C) an employee, contractor, or other person who gathers, edits, photographs, records, prepares, or disseminates news or information for such an entity. (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 provide other compulsory process. (5) Third party.--The term ``third party'' means a person other than a covered person.

Free Flow of Information Act of 2005 - Prohibits a federal entity from compelling a "covered person" (i.e., a newspaper, television broadcast station, wire service, or other media outlet, and specified employees and contractors) to testify or produce any document unless a court determines that: (1) the party seeking to compel has unsuccessfully attempted to obtain such testimony or document from all other non-covered persons; (2) in a criminal matter, there are reasonable grounds to believe a crime has occurred and the testimony or document sought is essential to the investigation, prosecution, or defense of the crime; (3) in a non-criminal matter, the testimony or document is essential to a dispositive issue of substantial importance; and (4) in any matter in which testimony or a document could reveal the source's identity, disclosure is necessary to prevent imminent and actual harm to national security and such harm outweighs the public interest in protecting the free flow of information. Requires the content of compelled testimony or documents to be limited and narrowly tailored. Exempts certain commercial or financial information. Makes this Act applicable to testimony or documents that a third party or federal entity seeks from a communications service provider relating to business transactions with a covered person. 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 ``Carlsbad Irrigation Project Acquired Land Transfer Act''. SEC. 2. CONVEYANCE. (a) Lands and Facilities.-- (1) In general.--Except as provided in paragraph (2), and subject to subsection (c), the Secretary of the Interior (in this Act referred to as the ``Secretary'') may convey to the Carlsbad Irrigation District (a quasi-municipal corporation formed under the laws of the State of New Mexico and in this Act referred to as the ``District''), all right, title, and interest of the United States in and to the lands described in subsection (b) (in this Act referred to as the ``acquired lands'') and all interests the United States holds in the irrigation and drainage system of the Carlsbad Project and all related lands including ditch rider houses, maintenance shop and buildings, and Pecos River Flume. (2) Limitation.-- (A) Retained surface rights.--The Secretary shall retain title to the surface estate (but not the mineral estate) of such acquired lands which are located under the footprint of Brantley and Avalon dams or any other project dam or reservoir division structure. (B) Storage and flow easement.--The Secretary shall retain storage and flow easements for any tracts located under the maximum spillway elevations of Avalon and Brantley Reservoirs. (b) Acquired Lands Described.--The lands referred to in subsection (a) are those lands (including the surface and mineral estate) in Eddy County, New Mexico, described as the acquired lands and in section (7) of the ``Status of Lands and Title Report: Carlsbad Project'' as reported by the Bureau of Reclamation in 1978. (c) Terms and Conditions of Conveyance.--Any conveyance of the acquired lands under this Act shall be subject to the following terms and conditions: (1) Management and use, generally.--The conveyed lands shall continue to be managed and used by the District for the purposes for which the Carlsbad Project was authorized, based on historic operations and consistent with the management of other adjacent project lands. (2) Assumed rights and obligations.--Except as provided in paragraph (3), the District shall assume all rights and obligations of the United States under-- (A) the agreement dated July 28, 1994, between the United States and the Director, New Mexico Department of Game and Fish (Document No. 2-LM-40-00640), relating to management of certain lands near Brantley Reservoir for fish and wildlife purposes; and (B) the agreement dated March 9, 1977, between the United States and the New Mexico Department of Energy, Minerals, and Natural Resources (Contract No. 7-07-57- X0888) for the management and operation of Brantley Lake State Park. (3) Exceptions.--In relation to agreements referred to in paragraph (2)-- (A) the District shall not be obligated for any financial support agreed to by the Secretary, or the Secretary's designee, in either agreement; and (B) the District shall not be entitled to any receipts for revenues generated as a result of either agreement. (d) Completion of Conveyance.--If the Secretary does not complete the conveyance within 180 days from the date of enactment of this Act, the Secretary shall submit a report to the Congress within 30 days after that period that includes a detailed explanation of problems that have been encountered in completing the conveyance, and specific steps that the Secretary has taken or will take to complete the conveyance. SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED LANDS. (a) Identification and Notification of Leaseholders.--Within 120 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) provide to the District a written identification of all mineral and grazing leases in effect on the acquired lands on the date of enactment of this Act; and (2) notify all leaseholders of the conveyance authorized by this Act. (b) Management of Mineral and Grazing Leases, Licenses, and Permits.--The District shall assume all rights and obligations of the United States for all mineral and grazing leases, licenses, and permits existing on the acquired lands conveyed under section 2, and shall be entitled to any receipts from such leases, licenses, and permits accruing after the date of conveyance. All such receipts shall be used for purposes for which the Project was authorized and for financing the portion of operations, maintenance, and replacement of the Summer Dam which, prior to conveyance, was the responsibility of the Bureau of Reclamation, with the exception of major maintenance programs in progress prior to conveyance which shall be funded through the cost share formulas in place at the time of conveyance. The District shall continue to adhere to the current Bureau of Reclamation mineral leasing stipulations for the Carlsbad Project. (c) Availability of Amounts Paid Into Reclamation Fund.-- (1) Existing receipts.--Receipts in the reclamation fund on the date of enactment of this Act which exist as construction credits to the Carlsbad Project under the terms of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351-359) shall be deposited in the General Treasury and credited to deficit reduction or retirement of the Federal debt. (2) Receipts after enactment.--Of the receipts from mineral and grazing leases, licenses, and permits on acquired lands to be conveyed under section 2, that are received by the United States after the date of enactment and before the date of conveyance-- (A) not to exceed $200,000 shall be available to the Secretary for the actual costs of implementing this Act with any additional costs shared equally between the Secretary and the District; and (B) the remainder shall be deposited into the General Treasury of the United States and credited to deficit reduction or retirement of the Federal debt. SEC. 4. VOLUNTARY WATER CONSERVATION PRACTICES. Nothing in this Act shall be construed to limit the ability of the District to voluntarily implement water conservation practices. SEC. 5. LIABILITY. Effective on the date of conveyance of any lands and facilities authorized by this Act, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property, except for damages caused by acts of negligence committed by the United States or by its employees, agents, or contractors, prior to conveyance. Nothing in this section shall be considered to increase the liability of the United States beyond that provided under chapter 171 of title 28, United States Code, popularly known as the Federal Tort Claims Act. SEC. 6. FUTURE BENEFITS. Effective upon transfer, the lands and facilities transferred pursuant to this Act shall not be entitled to receive any further Reclamation benefits pursuant to the Reclamation Act of June 17, 1902, and Acts supplementary thereof or amendatory thereto attributable to their status as part of a Reclamation Project. Passed the Senate October 7 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.

Carlsbad Irrigation Project Acquired Land Transfer Act - Authorizes the Secretary of the Interior to convey to the Carlsbad Irrigation District specified lands and interests within the Carlsbad Project in New Mexico. Requires a report from the Secretary to the Congress if the conveyance is not completed within 180 days after the enactment of this Act. Directs the Secretary to: (1) provide a written identification of all mineral and grazing leases in effect on such lands; and (2) notify all such leaseholders of the conveyance made by this Act. Requires receipts from leases, licenses, and permits accruing after the conveyance date to be used for Project purposes and for financing the portion of operations, maintenance, and replacement of the Summer Dam which, prior to conveyance, was the responsibility of the Bureau of Reclamation, with the exception of major maintenance programs in progress prior to the conveyance. Requires receipts paid into the reclamation fund as construction credits to the Project to be credited to deficit reduction or retirement of the Federal debt.

SECTION 1. SHORT TITLE, FINDINGS. (a) Short Title.--This Act may be cited as the ``SMART Research and Development Compact''. (b) Findings.--The Congress makes the following findings: (1) The shared borders, similar economic, environmental, and socioeconomic traits as well as the common historical attributes between the residents of Delaware, Maryland, New Jersey, and Pennsylvania, bind the 4 States into a common Mid- Atlantic region. (2) This region presents a rich framework of approximately 618 colleges and universities, including approximately 38 leading engineering colleges with a variety of technical expertise and ingenious research and development programs within every field of science and technology. (3) This region contains a variety of federally owned and generated laboratories or organizations assigned with the task of performing needed research and development in most of our Nation's technical areas, highlighted by defense, transportation, health, energy, and communications. (4) This region possesses a great wealth of private manufacturers, laboratories, and nonprofit organizations in each of the scientific and technological pursuits, such as homeland security, defense, aerospace, manufacturing, information systems, materials, chemicals, medical applications, and pharmaceuticals. (5) Increased cooperation between the above-mentioned institutions and the 4 State governments may effectively enhance the region's contribution to the United States in all fields of science and technology and promote academic, private and public research and development, technical enterprise, and intellectual vitality. (6) An organization assigned with the task of linking various institutions across different jurisdictions and promoting working partnerships may further assist the United States by providing a model for the rest of the Nation for the effective use of limited national, State, and local funding resources. SEC. 2. CONSENT TO COMPACT. The Congress consents to the SMART Research and Development Compact if that compact is entered into by two or more of the following States: the State of Delaware, the State of Maryland, the State of New Jersey, and the Commonwealth of Pennsylvania. The compact reads substantially as follows: ``SMART RESEARCH AND DEVELOPMENT COMPACT ``ARTICLE I. ``The purpose of this compact is to promote the contribution of the Mid-Atlantic region to the Nation's research and development in science and technology, and to create a multi-State organization that shall be known as the SMART (Strengthening the Mid-Atlantic Region for Tomorrow) Organization (hereinafter in this compact referred to as the `Organization'). The purpose of the Organization is to oversee and help facilitate the acquisition of research and development funding, and to enhance the cooperation, formation of partnerships, and sharing of information among businesses, academic institutions, Federal and State governmental agencies, laboratories, federally owned and operated laboratories, and nonprofit entities, within Delaware, Maryland, New Jersey, and Pennsylvania. ``ARTICLE II. ``This compact takes effect upon ratification by two or more of the following States: the State of Delaware, the State of Maryland, the State of New Jersey, and the Commonwealth of Pennsylvania, pursuant to the consent of Congress. ``ARTICLE III. ``The States, which are parties to this compact (hereinafter referred to as `party States'), do hereby establish and create the Organization as a joint organization which shall be known as the SMART Organization. ``The leadership of the Organization shall consist of a Board of Directors that shall include a representative from each party State, appointed as provided by the law of that State, and representatives from each technology class described in Article IV from the party States. Board Members may include any business, academic institution, nonprofit agency, Federal or State governmental agency, laboratory, and federally owned and operated laboratory within the party States. ``The leadership of the Organization shall oversee and direct the projects, administration, and policies of the Organization. The Board of Directors may create and utilize the services of technology- designated Working Groups to identify goals and sources of funding, establish research and development projects, detect new technology advances for the region to pursue, and facilitate cooperation among regional entities. The Board of Directors and Working Groups in the Organization shall serve without compensation and shall hold regular quarterly meetings and such special meetings as their business may require. ``The Organization shall adopt bylaws and any other such rules or procedures as may be needed. The Organization may hold hearings and conduct studies and surveys to carry out its purpose. The Organization may acquire by gift or otherwise and hold and dispose of such money and property as may be provided for the proper performance of its functions, may cooperate with other public or private groups, whether local, State, regional, or national, having an interest in economic or technology development, and may exercise such other powers as may be appropriate to accomplish its functions and duties in connection with the development of the Organization and to carry out the purpose of this compact. ``ARTICLE IV. ``Not including State Representatives, the Organization Board of Directors and Technology Working Groups may represent and originate from the following technology classes: information technology, sensors, rotorcraft technology, manufacturing technology, fire/EMS, financial technology, alternative fuels, nanotechnology, electronics, environmental, telecommunications, chemical and biological, biomedical, opto-electric, Materials/Aerospace, and defense systems including directed energy, missile defense, future combat systems, and unmanned aerial vehicles. The SMART Organization may at any time, upon approval by the Board of Directors, designate and assign new technology classes and may at any time remove an existing class from this Article and the Organization's activities. ``ARTICLE V. ``The Board of Directors shall appoint a full-time paid executive director, who shall be a person familiar with the nature of the procedures and the significance of scientific funding, research and development, economic development, and the informational, educational, and publicity methods of stimulating general interest in such developments. The duties of the executive director are to carry out the goals and directives of the Board of Directors and administer the actions of each Working Group as chairman. The executive director may hire a staff and shall be the administrative head of the Organization, whose term of office shall be at the pleasure of the Board of Directors. ``ARTICLE VI. ``This compact shall continue in force and remain binding upon each party State until 6 months after the party State gives notice of its intent to withdraw to the other party States.''. SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. The Congress expressly reserves the right to alter, amend, or repeal this Act.

SMART Research and Development Compact - Grants the consent of the Congress to the SMART Research and Development Compact (to promote the contribution of the Mid-Atlantic region to the Nation's research and development in science and technology and to create multi-State organization for strengthening the Mid-Atlantic region for tomorrow (SMART)) if it is entered into by two or more of the following States: Delaware, Maryland, New Jersey, or Pennsylvania.

SECTION 1. RESTORATION OF ESTATE TAX; REPEAL OF CARRYOVER BASIS. (a) In General.--Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (b) Sunset not to Apply.-- (1) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.''. (2) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. (c) Conforming Amendments.--Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. SEC. 2. ESTATE AND GIFT TAX RATES REDUCED TO 15 PERCENT OR, IF LOWER, THE GENERALLY APPLICABLE CAPITAL GAINS RATE FOR INDIVIDUALS. (a) Estate Tax.-- (1) In general.--Section 2001 of the Internal Revenue Code of 1986 (relating to estate tax) is amended by striking subsections (b) and (c) and by inserting after subsection (a) the following new subsection: ``(b) Computation of Tax.-- ``(1) In general.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(A) the applicable percentage of the sum of-- ``(i) the amount of the taxable estate, and ``(ii) the amount of the adjusted taxable gifts, over ``(B) the aggregate amount of tax paid under chapter 12 with respect to gifts made by the decedent after December 31, 1976. For purposes of subparagraph (A)(ii), the term `adjusted taxable gifts' means the total amount of the taxable gifts (within the meaning of section 2503) made by the decedent after December 31, 1976, other than gifts which are includible in the gross estate of the decedent. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means the lesser of 15 percent or the rate contained in section 1(h)(1)(C).'' (2) Conforming amendments.-- (A) Subsection (c) of section 2010 of such Code is amended by striking ``the applicable credit amount'' and all that follows through ``the applicable exclusion amount'' and inserting ``the applicable credit amount shall be the applicable percentage (as defined in section 2001(b)(2)) of the applicable exclusion amount''. (B) Subsection (b) of section 2101 of such Code is amended to read as follows: ``(b) Computation of Tax.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(1) the applicable percentage (as defined in section 2001(b)(2)) of the sum of-- ``(A) the amount of the taxable estate, and ``(B) the amount of the adjusted taxable gifts, over ``(2) the aggregate amount of tax paid under chapter 12 with respect to gifts made by the decedent after December 31, 1976.'' (C) Subsection (c) of section 2102 of such Code, as in effect prior to its redesignation by section 532(c)(7)(B) of the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended-- (i) by striking ``$13,000'' each place it appears and inserting ``$12,000'', and (ii) by striking ``$46,800'' and inserting ``$35,000''. (D) Subsection (a) of section 2201 of such Code is amended by striking ``rate schedule set forth in section 2001(c)'' and inserting ``applicable percentage (as defined in section 2001(b)(2)''. (b) Gift Tax.-- (1) In general.--Section 2502 of such Code is amended to read as follows: ``SEC. 2502. RATE OF TAX. ``(a) General Rule.--The tax imposed by section 2501 for each calendar year shall be an amount equal to the applicable percentage (as defined in section 2001(b)(2)) of the sum of the taxable gifts for such calendar year. ``(b) Tax to Be Paid by Donor.--The tax imposed by section 2501 shall be paid by the donor.'' (2) Conforming amendments.-- (A) Subchapter A of chapter 12 of such Code is amended by striking section 2504. (B) The table of sections for such subchapter is amended by striking the item relating to section 2504. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2003. SEC. 3. $5,000,000 EXEMPTION FROM ESTATE AND GIFT TAXES. (a) In General.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount), as amended by section 2, is amended by striking ``the applicable exclusion amount'' and all that follows and inserting ``$5,000,000.''. (b) Gift Tax.--Paragraph (1) of section 2505(a) of such Code (relating to general rule) is amended by striking ``(determined as if the applicable exclusion amount were $1,000,000)''. (c) Effective Date.--The amendment made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2003.

Repeals subtitles A (Repeal of Estate and Generation-Skipping Transfer Taxes) and E (Carryover Basis at Death; Other Changes Taking Effect With Repeal) of title V (Estate, Gift, and Generation-Skipping Transfer Tax Provisions) of the Economic Growth and Tax Relief Reconciliation Act of 2001. Makes the sunset provisions of such Act inapplicable to the remainder of title V. Reduces estate and gift tax rates to the lesser of 15 percent or the applicable capital gains rate. Sets a unified estate and gift tax credit of $5 million.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vision Care for Kids Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Millions of children in the United States suffer from vision problems, many of which go undetected. Because children with vision problems can struggle developmentally, resulting in physical, emotional, and social consequences, good vision is essential for proper physical development and educational progress. (2) Vision problems in children range from common conditions such as refractive errors, amblyopia, strabismus, ocular trauma, and infections, to rare but potentially life- or sight-threatening problems such as retinoblastoma, infantile cataracts, congenital glaucoma, and genetic or metabolic diseases of the eye. (3) Since many serious ocular conditions are treatable if identified in the preschool and early school-age years, early detection provides the best opportunity for effective treatment and can have far-reaching implications for vision. (4) Various identification methods, including vision screening and comprehensive eye examinations required by State laws, can be helpful in identifying children needing services. A child identified as needing services through vision screening should receive a comprehensive eye examination followed by subsequent treatment as needed. Any child identified as needing services should have access to subsequent treatment as needed. (5) There is a need to increase public awareness about the prevalence and devastating consequences of vision disorders in children and to educate the public and health care providers about the warning signs and symptoms of ocular and vision disorders and the benefits of early detection, evaluation, and treatment. SEC. 3. GRANTS REGARDING VISION CARE FOR CHILDREN. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, may award grants to States on the basis of an established review process for the purpose of complementing existing State efforts for-- (1) providing comprehensive eye examinations by a licensed optometrist or ophthalmologist for children who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of 9 years; (2) providing treatment or services, subsequent to the examinations described in paragraph (1), necessary to correct vision problems; and (3) developing and disseminating, to parents, teachers, and health care practitioners, educational materials on recognizing signs of visual impairment in children. (b) Criteria and Coordination.-- (1) Criteria.--The Secretary, in consultation with appropriate professional and patient organizations including individuals with knowledge of age appropriate vision services, shall develop criteria-- (A) governing the operation of the grant program under subsection (a); and (B) for the collection of data related to vision assessment and the utilization of follow-up services. (2) Coordination.--The Secretary shall, as appropriate, coordinate the program under subsection (a) with the program under section 330 of the Public Health Service Act (relating to health centers) (42 U.S.C. 254b), the program under title XIX of the Social Security Act (relating to the Medicaid program) (42 U.S.C. 1396 et seq.), the program under title XXI of such Act (relating to the State children's health insurance program) (42 U.S.C. 1397aa et seq.), and with other Federal or State programs that provide services to children. (c) Application.--To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary an application in such form, made in such manner, and containing such information as the Secretary may require, including-- (1) information on existing Federal, Federal-State, or State-funded children's vision programs; (2) a plan for the use of grant funds, including how funds will be used to complement existing State efforts (including possible partnerships with non-profit entities); (3) a plan to determine if a grant eligible child has been identified as provided for in subsection (a); and (4) a description of how funds will be used to provide items or services, only as a secondary payer-- (A) for an eligible child, to the extent that the child is not covered for the items or services under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) for an eligible child, to the extent that the child receives the items or services from an entity that provides health services on a prepaid basis. (d) Evaluations.--To be eligible to receive a grant under subsection (a), a State shall agree that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including-- (1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant; (2) the collection, analysis, and reporting of children's vision data according to guidelines prescribed by the Secretary; and (3) such other information as the Secretary may require. (e) Limitations in Expenditure of Grant.--A grant may be made under subsection (a) only if the State involved agrees that the State will not expend more than 20 percent of the amount received under the grant to carry out the purpose described in paragraph (3) of such subsection. (f) Matching Funds.-- (1) In general.--With respect to the costs of the activities to be carried out with a grant under subsection (a), a condition for the receipt of the grant is that the State involved agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs. (2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (g) Definition.--For purposes of this section, the term ``comprehensive eye examination'' includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist. (h) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $65,000,000 for the period of fiscal years 2009 through 2013. Passed the House of Representatives October 15, 2007. Attest: LORRAINE C. MILLER, Clerk.

Vision Care for Kids Act of 2007 - Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award matching grants to states to complement existing state efforts to: (1) provide comprehensive eye examinations from a licensed optometrist or ophthalmologist for children who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of nine years; (2) provide treatment or services as necessary to correct identified vision problems; and (3) develop and disseminate to parents, teachers, and health care practitioners educational materials on recognizing signs of visual impairment in children. Requires the Secretary to develop criteria: (1) governing the operation of the grant program; and (2) for the collection of data related to vision assessment and the utilization of follow-up services. Requires the Secretary to coordinate the program under this Act with other federal or state programs that provide services to children. Authorizes appropriations for FY2009-FY2013.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Manufacturers Legal Accountability Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Applicable agency.--The term ``applicable agency'' means, with respect to covered products-- (A) described in subparagraphs (A) and (B) of paragraph (3), the Food and Drug Administration; (B) described in paragraph (3)(C), the Consumer Product Safety Commission; (C) described in subparagraphs (D) and (E) of paragraph (3), the Environmental Protection Agency; (D) described in paragraph (3)(F), the National Highway Traffic Safety Administration; and (E) described in paragraph (3)(G)-- (i) the Food and Drug Administration, if the item is intended to be a component part of a product described in subparagraph (A) or (B) of paragraph (3); (ii) the Consumer Product Safety Commission, if the item is intended to be a component part of a product described in paragraph (3)(C); (iii) the Environmental Protection Agency, if the item is intended to be a component part of a product described in subparagraph (D) or (E) of paragraph (3); and (iv) the National Highway Traffic Safety Administration, if the item is intended to be a component part of a product described in paragraph (3)(F). (2) Commerce.--The term ``commerce'' means trade, traffic, commerce, or transportation-- (A) between a place in a State and any place outside thereof; or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (3) Covered product.--The term ``covered product'' means any of the following: (A) Drugs, devices, and cosmetics, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (B) A biological product, as such term is defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (C) A consumer product, as such term is used in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052). (D) A chemical substance or new chemical substance, as such terms are defined in section 3 of the Toxic Substances Control Act (15 U.S.C. 2602), in its imported form. (E) A pesticide, as such term is defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). (F) A motor vehicle or motor vehicle equipment, as such terms are defined in section 30102 of title 49, United States Code. (G) An item intended to be a component part of a product described in subparagraph (A), (B), (C), (D), (E), or (F) but is not yet a component part of such product. (4) Distribute in commerce.--The term ``distribute in commerce'' means to sell in commerce, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce. SEC. 3. REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED STATES. (a) Registration.-- (1) In general.--Beginning on the date that is 180 days after the date on which the regulations are prescribed pursuant to subsection (d) and except as provided in this subsection, the head of each applicable agency shall require foreign manufacturers and producers of covered products distributed in commerce to register an agent in the United States who is authorized to accept service of process on behalf of such manufacturer or producer for the purpose of any State or Federal regulatory proceeding or any civil action in State or Federal court related to such covered product, if such service is made in accordance with the State or Federal rules for service of process in the State in which the case or regulatory action is brought. (2) Location.--The head of each applicable agency shall require that an agent of a foreign manufacturer or producer registered under paragraph (1) be-- (A) located in a State chosen by the foreign manufacturer or producer with a substantial connection to the importation, distribution, or sale of the products of the foreign manufacturer or producer; and (B) an individual, domestic firm, or domestic corporation that is a permanent resident of the United States. (3) Designation by manufacturer or producer and acceptance by agent.--The head of each applicable agency shall, at a minimum, require a-- (A) written designation by a foreign manufacturer or producer with respect to which paragraph (1) applies-- (i) signed by an official or employee of the foreign manufacturer or producer with authority to appoint an agent; (ii) containing the full legal name, principal place of business, and mailing address of the manufacturer or producer; and (iii) containing a statement that the designation is valid and binding on the foreign manufacturer or producer for the purposes of this Act; or (B) written acceptance by the agent registered by a foreign manufacturer or producer with respect to which paragraph (1) applies-- (i) signed by the agent or, in the case in which a domestic firm or domestic corporation is designated as an agent, an official or employee of the firm or corporation with authority to sign for the firm or corporation; (ii) containing the agent's full legal name, physical address, mailing address, and phone number; and (iii) containing a statement that the agent accepts the designation and acknowledges that the duties of the agent may not be assigned to another person or entity and the duties remain in effect until withdrawn or replaced by the foreign manufacturer or producer. (4) Applicability.-- (A) In general.--Paragraph (1) applies only with respect to a foreign manufacturer or producer that exceeds minimum requirements established by the head of the applicable agency under this section. (B) Factors.--In determining the minimum requirements for application of paragraph (1) to a foreign manufacturer or producer, the head of the applicable agency shall, at a minimum, consider the following: (i) The value of all covered products imported from the manufacturer or producer in a calendar year. (ii) The quantity of all covered products imported from the manufacturer or producer in a calendar year. (iii) The frequency of importation from the manufacturer or producer in a calendar year. (b) Registry of Agents of Foreign Manufacturers.-- (1) In general.--The Secretary of Commerce shall, in cooperation with each head of an applicable agency, establish and keep up to date a registry of agents registered under subsection (a). (2) Availability.--The Secretary of Commerce shall make the registry established under paragraph (1) available-- (A) to the public in a searchable format through the Internet website of the Department of Commerce; and (B) to the Commissioner responsible for U.S. Customs and Border Protection in a format prescribed by the Commissioner. (c) Consent to Jurisdiction.-- (1) In general.--A foreign manufacturer or producer of a covered product that registers an agent under this section thereby consents to the personal jurisdiction of the State and Federal courts of the State in which the registered agent is located for the purpose of any judicial proceeding related to such covered product. (2) Rule of construction.--Paragraph (1) shall not apply to actions brought by foreign plaintiffs where the alleged injury or damage occurred outside the United States. (d) Regulations.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Commerce, the Commissioner responsible for U.S. Customs and Border Protection, and each head of an applicable agency shall prescribe regulations to carry out this section. (2) Interagency cooperation.--The Secretary of Commerce, the Commissioner responsible for U.S. Customs and Border Protection, and each head of an applicable agency shall cooperate and consult with one another for the purpose of-- (A) prescribing consistent regulations to the extent necessary for the effective and efficient sharing of information and establishment of systems and procedures necessary to carry out this section; and (B) establishing minimum requirements described in subsection (a)(4), and to the extent advisable and practicable for the purpose of establishing consistent minimum requirements. SEC. 4. DECLARATION TO U.S. CUSTOMS AND BORDER PROTECTION. (a) Declaration.--Beginning on the date that is 180 days after the date on which the regulations required under section 3(d) are prescribed, any person importing into the United States a covered product if such product was manufactured or produced outside the United States shall provide to U.S. Customs and Border Protection a declaration that-- (1) the person has made appropriate inquiry as to whether the manufacturer or producer of the covered product has complied with the requirements of section 3, including by seeking appropriate documentation from the exporter of the covered product and by consulting the registry established pursuant to section 3(b); and (2) to the best of the person's knowledge, with respect to each importation of a covered product, the foreign manufacturer or producer of the product has registered an agent in the United States as required under section (3)(a). (b) Penalties.--An importer who fails to provide a declaration required under subsection (a), or files a false declaration, shall be subject to the applicable penalty under section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) or under title 18, United States Code, with respect to importation of a covered product. (c) Regulations.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall prescribe regulations to carry out this section. The regulations shall provide that the declaration of the importer required under subsection (a) shall accompany the entry summary documentation or, in the case of repeated transactions, may be submitted on an annual basis. (2) Form.--The regulations shall provide for the declaration to be submitted electronically and maintained as an electronic record within the data management systems of U.S. Customs and Border Protection. SEC. 5. REPORTING OF DEFECTS IN COVERED PRODUCTS IN FOREIGN COUNTRIES. (a) Determination by Manufacturer or Producer.--Not later than 5 working days after determining to conduct a safety recall or other safety campaign in a foreign country of a covered product that is identical or substantially similar to a covered product offered for sale in the United States, the manufacturer or producer of the covered product shall report the determination to the head of the applicable agency. (b) Determination by Foreign Government.--Not later than 5 working days after receiving notification that the government of a foreign country has determined that a safety recall or other safety campaign must be conducted in the foreign country of a covered product that is identical or substantially similar to a covered product offered for sale in the United States, the manufacturer or producer of the covered product shall report the determination to the head of the applicable agency. (c) Reporting Requirements.--Not later than the date described in subsection (d), the head of each applicable agency shall prescribe the contents of the notification required by this section. (d) Effective Date.--Except as provided in subsection (c), this section shall take effect on the date that is one year after the date of the enactment of this Act. SEC. 6. STUDY ON REGISTRATION OF AGENTS OF FOREIGN FOOD PRODUCERS AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED STATES. Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture and the Commissioner of Food and Drugs shall jointly-- (1) complete a study on the feasibility and advisability of requiring foreign producers of food distributed in commerce to register an agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of any State or Federal regulatory proceeding or any civil action in State or Federal court related to such food products; and (2) submit to Congress a report on the findings of the Secretary with respect to such study. SEC. 7. STUDY ON REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AND PRODUCERS OF COMPONENT PARTS WITHIN COVERED PRODUCTS. Not later than 2 years after the date of the enactment of this Act, the head of each applicable agency shall-- (1) complete a study on determining feasible and advisable methods of requiring manufacturers or producers of component parts within covered products manufactured or produced outside the United States and distributed in commerce to register agents in the United States who are authorized to accept service of process on behalf of such manufacturers or producers for the purpose of any State or Federal regulatory proceeding or any civil action in State or Federal court related to such component parts; and (2) submit to Congress a report on the findings of the head of the applicable agency with respect to the study. SEC. 8. STUDY ON ENFORCEMENT OF UNITED STATES JUDGMENTS RELATING TO DEFECTIVE DRYWALL IMPORTED FROM CHINA. Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall-- (1) complete a study on methods to enforce judgments of any State or Federal regulatory proceeding or any civil action in State or Federal court relating to defective drywall imported from the People's Republic of China and distributed in commerce during the period 2004 through 2007 and used in residential dwellings in the United States; and (2) submit to Congress a report on the findings of the Comptroller General with respect to the study. SEC. 9. RELATIONSHIP WITH OTHER LAWS. Nothing in this Act shall affect the authority of any State to establish or continue in effect a provision of State law relating to service of process or personal jurisdiction, except to the extent that such provision of law is inconsistent with the provisions of this Act, and then only to the extent of such inconsistency.

Foreign Manufacturers Legal Accountability Act of 2011 - Directs the Food and Drug Administration (FDA) (with respect to drugs, devices, cosmetics, and biological products), the Consumer Product Safety Commission (CPSC) (with respect to consumer products), the Environmental Protection Agency (EPA) (with respect to chemical substances, new chemical substances, and pesticides), and the National Highway Traffic Safety Administration (NHTSA) (with respect to a motor vehicle or motor vehicle products) to require foreign manufacturers and producers of such products (or components used to manufacture them), in excess of a minimum value, quantity, and frequency of importation, to register an agent in the United States who is authorized to accept service of process on their behalf for the purpose of any state or federal regulatory proceeding or civil action in state or federal court. Deems a foreign manufacturer or producer of products covered under this Act that registers an agent to consent to the personal jurisdiction of the state or federal courts of the state in which the agent is located for the purpose of any judicial proceeding. Requires any person who imports into the United States a covered product manufactured or produced outside the United States to make to the U.S. Customs and Border Protection (CBP) a declaration that, to the best of the person's knowledge, with respect to the importation of each covered product, the foreign manufacturer or producer of the product has registered an agent in the United States. Subjects to certain penalties an importer who fails to provide this or files a false declaration. Requires foreign manufacturers or producers of a covered product to report within five business days to the head of the applicable agency their determination to conduct a safety recall or other safety campaign of a covered product that is identical or substantially similar to a covered product offered for sale in the United States. Requires the Secretary of Agriculture and the Commissioner of Food and Drugs to study jointly the feasibility and advisability of requiring foreign producers of food distributed in commerce to register an agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of any state or federal regulatory proceeding or civil action in state or federal court. Requires the head of an applicable agency similarly to study the feasibility of methods requiring foreign manufacturers or producers of component parts of covered products distributed in U.S. commerce to register agents in the United States for purposes of such service of process. Requires the Comptroller General to study methods to enforce judgments of any state or federal regulatory proceeding or civil action in state or federal court against Chinese manufacturers that exported defective drywall to the United States during 2004-2007.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Fisheries Advisory Committee Act''. SEC. 2. AMERICAN FISHERIES ADVISORY COMMITTEE. (a) Establishment.--Section 2 of the Act of August 11, 1939 (15 U.S.C. 713c-3), is amended by adding at the end the following: ``(f) American Fisheries Advisory Committee.-- ``(1) Definitions.--In this subsection: ``(A) Committee.--The term `Committee' means the American Fisheries Advisory Committee established under paragraph (2). ``(B) Marketing and promotion.--The term `marketing and promotion' means an activity aimed at encouraging the consumption of seafood or expanding or maintaining commercial markets for seafood. ``(C) Processor.--The term `processor' means any person in the business of preparing or packaging seafood (including seafood of the processor's own harvesting) for sale. ``(D) Seafood.--The term `seafood' means farm- raised and wild-caught fish or shellfish harvested in the United States or by a United States flagged vessel for human consumption. ``(E) Seafood industry.--The term `seafood industry' means harvesters, marketers, growers, processors, and persons providing them with goods and services. ``(2) Establishment.--Not later than 90 days after the date of the enactment of the American Fisheries Advisory Committee Act, the Secretary shall establish five regions within the American Fisheries Advisory Committee as follows: ``(A) Region 1 shall consist of Alaska, Hawaii, the Commonwealth of the Northern Mariana Islands, and the territories of Guam and American Samoa. ``(B) Region 2 shall consist of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Michigan, Minnesota, Wisconsin, Illinois, Indiana, Ohio, and Pennsylvania. ``(C) Region 3 shall consist of Texas, Alabama, Louisiana, Mississippi, Florida, Puerto Rico, and the territory of the Virgin Islands. ``(D) Region 4 shall consist of California, Washington, Oregon, and Idaho. ``(E) Region 5 shall consist of New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. ``(3) Membership.--The Committee shall be composed of the following members: ``(A) Regional representation.--Each of the regions listed in subparagraphs (A) through (E) of paragraph (2) shall be represented on the Committee by two members-- ``(i) who are appointed by the Secretary; ``(ii) who reside in a State or territory in the region that the member will represent; ``(iii) of which-- ``(I) one shall have experience as a seafood harvester; and ``(II) one shall have experience as a processor; and ``(iv) that are selected so that the members of the Committee have experience or expertise with as many seafood species as practicable. ``(B) At-large members.--The Secretary shall appoint to the Committee at-large members to ensure that the Committee fairly reflects the expertise and interest of the seafood industry located in each region, as follows: ``(i) One individual with experience in mass market food distribution. ``(ii) One individual with experience in mass market food retail or food service. ``(iii) One individual with experience in the marketing of seafood. ``(iv) One individual with experience in growing seafood. ``(v) One individual who is an employee of the National Marine Fisheries Service with expertise in fisheries research. ``(4) Member terms.--The term for a member of the Committee shall be three years, except that the Secretary shall designate staggered terms for the members initially appointed to the Committee. ``(5) Responsibilities.--The Committee shall be responsible for-- ``(A) identifying needs of the seafood industry that may be addressed by a project funded with a grant under subsection (c); ``(B) developing the request for proposals for such grants; ``(C) reviewing applications for such grants; and ``(D) selecting applications for approval under subsection (c)(2)(B). ``(6) Chair.--The Committee shall elect a chair by a majority of those voting, if a quorum is present. ``(7) Quorum.--A simple majority of members of the Committee shall constitute a quorum, but a lesser number may hold hearings. ``(8) Meetings.-- ``(A) Frequency.--The Committee shall meet not more than two times each year. ``(B) Location.--The meetings of the Committee shall rotate between the geographic regions described under paragraph (2). ``(C) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. ``(9) Staff.--The Committee may employ staff as necessary without regard to the provisions of title 5, United States Code. ``(10) Per diem and expenses and funding.-- ``(A) In general.--A member of the Committee shall serve without compensation, but shall be reimbursed in accordance with section 5703 of title 5, United States Code, for reasonable travel costs and expenses incurred in performing duties as a member of the Committee. ``(B) Funding.--The reimbursements made under subparagraph (A) shall be paid with the funds made available for grants under subsection (c). ``(11) Conflict of interest.--The conflict of interest and recusal provisions set out in section 302(j) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(j)) shall apply to any decision by the Committee and to all members of the Committee as if each member of the Committee is an affected individual within the meaning of such section 302(j), except that in addition to the disclosure requirements of section 302(j)(2)(C) of such Act (16 U.S.C. 1852(j)(2)(C)), each member of the Committee shall disclose any financial interest or relationship in an organization or with an individual that is applying for a grant under subsection (c) held by the member of the Committee, including an interest as an officer, director, trustee, partner, employee, contractor, agent, or other representative.''. (b) Role in Approval of Grants.--Section 2(c)(3) of the Act of August 11, 1939 (15 U.S.C. 713c-3(c)(3)), is amended to read as follows: ``(3) No application for a grant under this subsection may be approved unless-- ``(A) the Secretary is satisfied that the applicant has the requisite technical and financial capability to carry out the project; and ``(B) the application is selected for funding by the American Fisheries Advisory Committee under subsection (f).''.

American Fisheries Advisory Committee Act This bill amends the Saltonstall-Kennedy Act to direct the National Oceanic and Atmospheric Administration (NOAA)to establish the American Fisheries Advisory Committee. NOAA must establish five regions within the committee.The committee must consist of members chosen regionally and across all sectors of the fishing industry.Additionally, the committee must: (1)identify the needs of the fishing industry, (2)develop grant proposals to fund projects that address the industry needs, (3)review grant applications, and (4)provide NOAA with grant applicants for approval. NOAA must not approve a grant application unless the application is selected for funding by the committee.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clay Hunt Suicide Prevention for American Veterans Act'' or the ``Clay Hunt SAV Act''. SEC. 2. EVALUATIONS OF MENTAL HEALTH CARE AND SUICIDE PREVENTION PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Evaluations.-- (1) In general.--Not less frequently than once each year, the Secretary of Veterans Affairs shall provide for the conduct of an evaluation of the mental health care and suicide prevention programs carried out under the laws administered by the Secretary. (2) Elements.--Each evaluation conducted under paragraph (1) shall-- (A) use metrics that are common among and useful for practitioners in the field of mental health care and suicide prevention; (B) identify the most effective mental health care and suicide prevention programs conducted by the Secretary, including such programs conducted at a Center of Excellence; (C) identify the cost-effectiveness of each program identified under subparagraph (B); (D) measure the satisfaction of patients with respect to the care provided under each such program; and (E) propose best practices for caring for individuals who suffer from mental health disorders or are at risk of suicide, including such practices conducted or suggested by other departments or agencies of the Federal Government, including the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services. (3) Third party.--Each evaluation conducted under paragraph (1) shall be conducted by an independent third party unaffiliated with the Department of Veterans Affairs. Such third party shall submit to the Secretary each such evaluation. (b) Annual Submission.--Not later than December 1 of each year, beginning in 2015, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that contains the following: (1) The most recent evaluations submitted to the Secretary under subsection (a)(3) that the Secretary has not previously submitted to such Committees. (2) Any recommendations the Secretary considers appropriate. SEC. 3. PUBLICATION OF INTERNET WEBSITE TO PROVIDE INFORMATION REGARDING MENTAL HEALTH CARE SERVICES. (a) In General.--Using funds made available to the Secretary of Veterans Affairs to publish the Internet websites of the Department of Veterans Affairs, the Secretary shall survey the existing Internet websites and information resources of the Department to publish an Internet website that serves as a centralized source to provide veterans with information regarding all of the mental health care services provided by the Secretary. (b) Elements.--The Internet website published under subsection (a) shall provide to veterans information regarding all of the mental health care services available in the Veteran Integrated Service Network that the veteran is seeking such services, including, with respect to each medical center, Vet Center (as defined in section 1712A of title 38, United States Code), and community-based outpatient center in the Veterans Integrated Service Network-- (1) the name and contact information of each social work office; (2) the name and contact information of each mental health clinic; (3) a list of appropriate staff; and (4) any other information the Secretary determines appropriate. (c) Updated Information.--The Secretary shall ensure that the information described in subsection (b) that is published on the Internet website under subsection (a) is updated not less than once every 90 days. (d) Outreach.--In carrying out this section, the Secretary shall ensure that the outreach conducted under section 1720F(i) of title 38, United States Code, includes information regarding the Internet website published under subsection (a). SEC. 4. PILOT PROGRAM FOR REPAYMENT OF EDUCATIONAL LOANS FOR CERTAIN PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION. (a) Establishment.--The Secretary of Veterans Affairs shall carry out a pilot program to repay loans of individuals described in subsection (b) that-- (1) were used by such individuals to finance education relating to psychiatric medicine, including education leading to-- (A) a degree of doctor of medicine; or (B) a degree of doctor of osteopathy; and (2) were obtained from any of the following: (A) A governmental entity. (B) A private financial institution. (C) A school. (D) Any other authorized entity as determined by the Secretary. (b) Eligible Individuals.-- (1) In general.--Subject to paragraph (2), an individual eligible for participation in the pilot program is an individual who-- (A) either-- (i) is licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration of the Department of Veterans Affairs; or (ii) is enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (B) demonstrates a commitment to a long-term career as a psychiatrist in the Veterans Health Administration, as determined by the Secretary. (2) Prohibition on simultaneous eligibility.--An individual who is participating in any other program of the Federal Government that repays the educational loans of the individual is not eligible to participate in the pilot program. (c) Selection.--The Secretary shall select not less than 10 individuals described in subsection (b) to participate in the pilot program for each year in which the Secretary carries out the pilot program. (d) Period of Obligated Service.--The Secretary shall enter into an agreement with each individual selected under subsection (c) in which such individual agrees to serve a period of 2 or more years of obligated service for the Veterans Health Administration in the field of psychiatric medicine, as determined by the Secretary. (e) Loan Repayments.-- (1) Amounts.--Subject to paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by an individual who is participating in the pilot program for all educational expenses (including tuition, fees, books, and laboratory expenses) of such individual relating to education described in subsection (a)(1). (2) Limit.--For each year of obligated service that an individual who is participating in the pilot program agrees to serve under subsection (d), the Secretary may pay not more than $30,000 in loan repayment on behalf of such individual. (f) Breach.-- (1) Liability.--An individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (d) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (2) Repayment period.--Any amount of damages that the United States is entitled to recover under this subsection shall be paid to the United States not later than 1 year after the date of the breach of the agreement. (g) Report.-- (1) Initial report.--Not later than 2 years after the date on which the pilot program under subsection (a) commences, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Elements.--The report required by paragraph (1) shall include the following: (A) The number of individuals who participated in the pilot program, including the number of new hires. (B) The locations in which such individuals were employed by the Department, including how many such locations were rural or urban locations. (C) An assessment of the quality of the work performed by such individuals in the course of such employment, including the performance reviews of such individuals. (D) The number of psychiatrists the Secretary determines is needed by the Department in the future. (3) Final report.--Not later than 90 days before the date on which the pilot program terminates under subsection (i), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an update to the report submitted under paragraph (1) and any recommendations that the Secretary considers appropriate. (h) Regulations.--The Secretary shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments. (i) Termination.--The authority to carry out the pilot program shall expire on the date that is 3 years after the date on which the Secretary commences the pilot program. SEC. 5. PILOT PROGRAM ON COMMUNITY OUTREACH. (a) In General.--The Secretary of Veterans Affairs shall establish a pilot program to assist veterans transitioning from serving on active duty and to improve the access of veterans to mental health services. (b) Locations.--The Secretary shall carry out the pilot program under subsection (a) at not less than five Veterans Integrated Service Networks that have a large population of veterans who-- (1) served in the reserve components of the Armed Forces; or (2) are transitioning into communities with an established population of veterans after having recently separated from the Armed Forces. (c) Functions.--The pilot program at each Veterans Integrated Service Network described in subsection (b) shall include the following: (1) A community oriented veteran peer support network, carried out in partnership with an appropriate entity with experience in peer support programs, that-- (A) establishes peer support training guidelines; (B) develops a network of veteran peer support counselors to meet the demands of the communities in the Veterans Integrated Service Network; (C) conducts training of veteran peer support counselors; (D) with respect to one medical center selected by the Secretary in each such Veterans Integrated Service Network, has-- (i) a designated peer support specialist who acts as a liaison to the community oriented veteran peer network; and (ii) a certified mental health professional designated as the community oriented veteran peer network mentor; and (E) is readily available to veterans, including pursuant to the Veterans Integrated Service Network cooperating and working with State and local governments and appropriate entities. (2) A community outreach team for each medical center selected by the Secretary pursuant to paragraph (1)(D) that-- (A) assists veterans transitioning into communities; (B) establishes a veteran transition advisory group to facilitate outreach activities; (C) includes the participation of appropriate community organizations, State and local governments, colleges and universities, chambers of commerce and other local business organizations, and organizations that provide legal aid or advice; and (D) coordinates with the Veterans Integrated Service Network regarding the Veterans Integrated Service Network carrying out an annual mental health summit to assess the status of veteran mental health care in the community and to develop new or innovative means to provide mental health services to veterans. (d) Reports.-- (1) Initial report.--Not later than 18 months after the date on which the pilot program under subsection (a) commences, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. With respect to each Veterans Integrated Service Network described in subsection (b), the report shall include-- (A) a full description of the peer support model implemented under the pilot program, participation data, and data pertaining to past and current mental health related hospitalizations and fatalities; (B) recommendations on implementing peer support networks throughout the Department; (C) whether the mental health resources made available under the pilot program for members of the reserve components of the Armed Forces is effective; and (D) a full description of the activities and effectiveness of community outreach coordinating teams under the pilot program, including partnerships that have been established with appropriate entities. (2) Final report.--Not later than 90 days before the date on which the pilot program terminates under subsection (e), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an update to the report submitted under paragraph (1). (e) Construction.--This section may not be construed to authorize the Secretary to hire additional employees of the Department to carry out the pilot program under subsection (a). (f) Termination.--The authority of the Secretary to carry out the pilot program under subsection (a) shall terminate on the date that is 3 years after the date on which the pilot program commences. SEC. 6. COLLABORATION ON SUICIDE PREVENTION EFFORTS BETWEEN DEPARTMENT OF VETERANS AFFAIRS AND NON-PROFIT MENTAL HEALTH ORGANIZATIONS. (a) Collaboration.--The Secretary of Veterans Affairs may collaborate with non-profit mental health organizations to prevent suicide among veterans as follows: (1) To improve the efficiency and effectiveness of suicide prevention efforts carried out by the Secretary and non-profit mental health organizations. (2) To assist non-profit mental health organizations with the suicide prevention efforts of such organizations through the use of the expertise of employees of the Department of Veterans Affairs. (3) To jointly carry out suicide prevention efforts. (b) Exchange of Resources.--In carrying out any collaboration under subsection (a), the Secretary and any non-profit mental health organization with which the Secretary is collaborating under such subsection shall exchange training sessions and best practices to help with the suicide prevention efforts of the Department and such organization. (c) Director of Suicide Prevention Coordination.--The Secretary shall select within the Department a Director of Suicide Prevention Coordination to undertake any collaboration with non-profit mental health organizations under this section or any other provision of law. SEC. 7. ADDITIONAL PERIOD OF ELIGIBILITY FOR HEALTH CARE FOR CERTAIN VETERANS OF COMBAT SERVICE DURING CERTAIN PERIODS OF HOSTILITIES AND WAR. Paragraph (3) of section 1710(e) of title 38, United States Code, is amended to read as follows: ``(3) In the case of care for a veteran described in paragraph (1)(D), hospital care, medical services, and nursing home care may be provided under or by virtue of subsection (a)(2)(F) only during the following periods: ``(A) Except as provided by subparagraph (B), with respect to a veteran described in paragraph (1)(D) who is discharged or released from the active military, naval, or air service after January 27, 2003, the five-year period beginning on the date of such discharge or release. ``(B) With respect to a veteran described in paragraph (1)(D) who is discharged or released from the active military, naval, or air service after January 1, 2009, and before January 1, 2011, but did not enroll to receive such hospital care, medical services, or nursing home care pursuant to such paragraph during the five-year period described in subparagraph (A), the one-year period beginning on January 1, 2015. ``(C) With respect to a veteran described in paragraph (1)(D) who is discharged or released from the active military, naval, or air service on or before January 27, 2003, and did not enroll in the patient enrollment system under section 1705 of this title on or before such date, the three-year period beginning on January 27, 2008.''. SEC. 8. PROHIBITION ON NEW APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise made available for such purposes. Passed the House of Representatives December 9, 2014. Attest: KAREN L. HAAS, Clerk.

Clay Hunt Suicide Prevention for American Veterans Act or the Clay Hunt SAV Act - (Sec. 2) Requires the Secretary of Veterans Affairs (VA) to: (1) arrange for an independent third party evaluation, at least annually, of the VA's mental health care and suicide prevention programs; and (2) submit a report to Congress, by December 1 of each year, containing the most recent evaluations not yet submitted to Congress and any recommendations the Secretary considers appropriate. (Sec. 3) Directs the Secretary to survey the VA's existing Internet websites and information resources to publish an Internet website that serves as a centralized source to provide veterans with information, updated at least once every 90 days, regarding all of the VA's mental health care services. (Sec. 4) Requires the Secretary to carry out a three-year pilot program to repay the education loans relating to psychiatric medicine that are incurred by individuals who: are eligible to practice psychiatric medicine in the Veterans Health Administration (VHA) or are enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine; demonstrate a commitment to a long-term career as a psychiatrist in the VHA; and agree to a period of two or more years of obligated service with the VHA in the field of psychiatric medicine, as determined by the Secretary. Limits the loan repayment to no more than $30,000 for each year an individual performs such obligated service. Directs the Secretary to submit interim and final reports to Congress on such pilot program. (Sec. 5) Directs the Secretary to establish a three-year pilot program at not less than five Veterans Integrated Service Networks (VISNs) to assist veterans transitioning from active duty and to improve the access of veterans to mental health services. Requires the pilot program at each VISN to include: (1) a community oriented veteran peer support network, carried out in partnership with an entity that has experience in peer support programs; and (2) a community outreach team for each medical center in such VISN. Directs the Secretary to submit interim and final reports to Congress on such pilot program. (Sec. 6) Authorizes the Secretary to collaborate with nonprofit mental health organizations to prevent suicide among veterans. Requires the Secretary and any such organization with which the Secretary is collaborating to exchange training sessions and best practices. Directs the Secretary to select a VA Director of Suicide Prevention Coordination to undertake any collaboration with nonprofit mental health organizations. (Sec. 7) Extends, for the one-year period beginning on January 1, 2015, combat veterans' eligibility for VA hospital care, medical services, and nursing home care for illnesses which have not been medically proven to be attributable to their service, provided: (1) they were discharged or released from active duty between January 1, 2009, and January 1, 2011, and (2) did not enroll to receive such care during the five-year period of eligibility following their discharge. (Sec. 8) Prohibits the authorization of any additional appropriations to carry out this Act's provisions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medication Therapy Management Empowerment Act of 2013''. SEC. 2. ACCESS TO SERVICES UNDER MEDICATION THERAPY MANAGEMENT PROGRAMS FOR MEDICARE PART D ELIGIBLE INDIVIDUALS WITH SINGLE CHRONIC DISEASES. Section 1860D-4(c)(2)(A) of the Social Security Act (42 U.S.C. 1395w-104(c)(2)(A)) is amended-- (1) in clause (ii), by striking subclause (I) and inserting the following: ``(I) have-- ``(aa) multiple chronic diseases (such as diabetes, asthma, hypertension, hyperlipidemia, and congestive heart failure); or ``(bb) subject to clause (iii), any single chronic disease, including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease or chronic lung disorder), bone disease- arthritis (such as osteoporosis or osteoarthritis), rheumatoid arthritis, or mental health disorder (such as depression, schizophrenia, or bipolar disorder).''; and (2) by adding at the end the following: ``(iii) Determinations relating to program costs for including individuals with single chronic diseases.-- ``(I) Initial determinations.--With regard to any single chronic disease, clause (ii)(I)(bb) shall only be applied if the Chief Actuary for the Centers for Medicare & Medicaid Services determines that the application of such clause with regard to such disease is not projected to increase overall costs to the Medicare program under this title over the five year period beginning on the date of determination. ``(II) Review of determinations.-- In the case that clause (ii)(I)(bb) is applied with respect to a single chronic disease pursuant to a determination under subclause (I), not later than five years after such date of determination, the Chief Actuary for the Centers for Medicare & Medicaid Services shall review the effect of the application of such clause with respect to such disease on the actual cost of the Medicare program under this title during such five years. Based on such review, if the Chief Actuary is unable to determine that, with regard to such single chronic disease, the application of such clause did not increase costs to the Federal government under the Medicare program under this title over such period, then the Secretary shall review the findings of the Chief Actuary and determine whether such clause shall continue to be applied with regard to such single chronic disease. In conducting such review and making such determination, the Secretary shall consider the extent to which the application of such clause with regard to such single chronic disease effects the health outcomes of part D eligible individuals and any savings and costs to the Federal government under the Medicare program under this title.''.

Medication Therapy Management Empowerment Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to provide access to services under medication therapy management programs for Medicare part D (Voluntary Prescription Drug Program) eligible individuals with a single chronic disease. Allows the application of this Act only if the Chief Actuary for the Centers for Medicare & Medicaid Services determines that such application with regard to a particular single chronic disease is not projected to increase overall costs to the Medicare program over the following five year period.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Oversight of Surplus Property Act''. SEC. 2. FINDINGS. Congress finds that-- (1) The provisions in Public Law 94-519 established a system to ensure the fair and equitable allocation of Federal surplus personal property to eligible recipients, including law enforcement agencies, school systems, medical institutions, libraries, homeless assistance providers, and units of local government; (2) the benefits of the Federal personal property utilization and donation program are measured in terms of United States dollars which are not spent by the donees on new and expensive property; (3) Members of Congress and State and local officials have an obligation to oversee the fair and equitable distribution of Government property, thereby ensuring accountability to the taxpayers of the United States; (4) the owners of surplus Federal property are the people of the United States, and the Federal Government is merely its public custodian; (5) the efforts of the State agencies in distributing surplus property have enabled thousands of United States taxpayers to acquire items such as office equipment, clothing, furniture, motor vehicles, forklifts, aircraft, boats, and generators which have been declared surplus to the needs of the Federal Government; (6) the effectiveness of the current system for donation of surplus Federal personal property has been undermined by programs that mandate that property be made available on a priority basis to foreign entities before the safety, health, education, and training needs of taxpayers of the United States are met; and (7) new legislation is needed to move the priority of property transfers through foreign assistance programs to a level below that of domestic use transfers of excess personal property to Federal agencies. SEC. 3. PRIORITY TO STATE AND LOCAL GOVERNMENTS FOR THE TRANSFER OF NONLETHAL EXCESS SUPPLIES OF THE DEPARTMENT OF DEFENSE. Section 2547 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``The Secretary of Defense'' and inserting in lieu thereof ``Subject to subsection (d), the Secretary of Defense''; (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following: ``(d) Nonlethal excess supplies of the Department of Defense shall be made available to a State, a local government of a State, a territory, or a possession, upon the request of the State, local government, territory, or possession pursuant to authority provided in another provision of law before such supplies are made available for humanitarian relief purposes under this section. The President may make such supplies available for humanitarian purposes before such supplies are made available to a State, local government, territory, or possession under this subsection in order to respond to an emergency precipitated by a natural disaster.''. SEC. 4. TRANSFERS OF PROPERTY FOR ENVIRONMENTAL PROTECTION IN FOREIGN COUNTRIES. Section 607 of the Foreign Assistance Act of 1961 (22 U.S.C. 2357(d)) is amended-- (1) in subsection (d)-- (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; ((B) by striking ``(d) The'' and inserting ``(d)(1) Except as provided in paragraph (3), the''; and (C) by adding at the end the following: ``(2) No property may be transferred under paragraph (1) unless the Administrator of General Services determines that there is no Federal or State use requirement for the property under any other provision of law.''; and (2) by adding at the end the following: ``(e) Nothing in this section shall prohibit the transfer of confiscated property to foreign countries.''. SEC. 5. REPORT ON DISPOSAL AND DONATION OF SURPLUS PERSONAL PROPERTY. Not later than 180 days after the date of enactment of this Act, the Administrator of General Services shall review all statutes relating to the disposal and donation of surplus personal property and submit to Congress a report on such statutes including-- (1) the effectiveness of programs administered under such statutes (except for any program that grants access to personal property by local communities impacted by the closure of a military base), and the amount and type of property administered under each such program during the 2 most recent fiscal years; and (2) legislative recommendations to integrate and consolidate all such programs to be administered by a single Federal authority working with State agencies while accomplishing the purposes of such programs.

Amends the Foreign Assistance Act of 1961 to prohibit the transfer of property for environmental protection in foreign countries unless the Administrator of General Services (GSA Administrator) determines that there is no Federal or State use requirement for the property under any other provision of law. Requires the GSA Administrator to report to the Congress on the effectiveness of surplus personal property donation and disposal programs (except for any program that grants access to personal property by local communities affected by the closure of a military base), along with recommendations for consolidating such programs under a single Federal authority.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Fire Safety Right-to-Know Act of 2005''. SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end of subparagraph (N); (B) by striking the period at the end of subparagraph (O) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(P) the fire safety report prepared by the institution pursuant to subsection (h).''; and (2) by adding at the end the following new subsection: ``(h) Disclosure of Fire Safety Standards and Measures.-- ``(1) Annual fire safety reports required.--Each institution participating in any program under this title shall, beginning in the first academic year that begins after the date of enactment of the Campus Fire Safety Right-to-Know Act of 2005, and each year thereafter, prepare, publish, and distribute, through appropriate publications (including the Internet) or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report. Such reports shall contain at least the following information with respect to the campus fire safety practices and standards of that institution: ``(A) A statement that identifies each institution owned or controlled student housing facility, and whether or not such facility is equipped with a fire sprinkler system or other fire safety system, or has fire escape planning or protocols. ``(B) Statistics for each such facility concerning the occurrence of fires and false alarms in such facility, during the 2 preceding calendar years for which data are available. ``(C) For each such occurrence in each such facility, a summary of the human injuries or deaths, structural or property damage, or combination thereof. ``(D) Information regarding rules on portable electrical appliances, smoking and open flames (such as candles), regular mandatory supervised fire drills, and planned and future improvements in fire safety. ``(E) Information about fire safety education and training provided to students, faculty, and staff. ``(F) Information concerning fire safety at any housing facility owned or controlled by a fraternity, sorority, or student group that is recognized by the institution, including-- ``(i) information reported to the institution under paragraph (4); and ``(ii) a statement concerning whether and how the institution works with recognized student fraternities and sororities, and other recognized student groups owning or controlling housing facilities, to make building and property owned or controlled by such fraternities, sororities, and groups more fire safe. ``(2) Fraternities, sororities, and other groups.--Each institution participating in a program under this title shall request each fraternity and sorority that is recognized by the institution, and any other student group that is recognized by the institution and that owns or controls housing facilities, to collect and report to the institution the information described in subparagraphs (A) through (E) of paragraph (1), as applied to the fraternity, sorority, or recognized student group, respectively, for each building and property owned or controlled by the fraternity, sorority, or group, respectively. ``(3) Current information to campus community.--Each institution participating in any program under this title shall make, keep, and maintain a log, written in a form that can be easily understood, recording all on-campus fires, including the nature, date, time, and general location of each fire and all false fire alarms. All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law, be open to public inspection, and each such institution shall make annual reports to the campus community on such fires and false fire alarms in a manner that will aid the prevention of similar occurrences. ``(4) Reports to the secretary.--On an annual basis, each institution participating in any program under this title shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(B). The Secretary shall-- ``(A) review such statistics; ``(B) make copies of the statistics submitted to the Secretary available to the public; and ``(C) in coordination with nationally recognized fire organizations and representatives of institutions of higher education, identify exemplary fire safety policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires. ``(5) Rule of construction.--Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to fire safety. ``(6) Definitions.--In this subsection, the term `campus' has the meaning provided in subsection (f)(6).''. SEC. 3. REPORT TO CONGRESS BY THE SECRETARY OF EDUCATION. (a) Definition of Facility.--In this section the term ``facility'' means a student housing facility owned or controlled by an institution of higher education, or a housing facility owned or controlled by a fraternity, sorority, or student group that is recognized by the institution. (b) Report.--Within two years after the date of enactment of this Act, the Secretary of Education shall prepare and submit to the Congress a report containing-- (1) an analysis of the current status of fire safety systems in facilities of institutions participating in programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), including sprinkler systems; (2) an analysis of the appropriate fire safety standards to apply to such facilities, which the Secretary shall prepare after consultation with such fire safety experts, representatives of institutions of higher education, and other Federal agencies as the Secretary, in the Secretary's discretion, considers appropriate; (3) an estimate of the cost of bringing all nonconforming such facilities up to current building codes; and (4) recommendations from the Secretary concerning the best means of meeting fire safety standards in all such facilities, including recommendations for methods to fund such cost.

Campus Fire Safety Right-to-Know Act of 2005 - Amends the Higher Education Act of 1965 to require each institution participating in any program under the Act to provide to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing specified information about the campus fire safety practices and standards of that institution. Requires such institutions to: (1) record all on-campus fires, including the nature, date, time, and general location of each fire and all false fire alarms; and (2) open such information to public inspection. Requires the institutions to report on such information annually to the campus community in a manner that will aid the prevention of similar occurrences. Requires the institutions to request their fraternities and sororities to collect and report such information for each building and property they own or control. Requires the Secretary of Education to report to Congress on fire safety systems in facilities of institutions of higher education and on fire safety standards in all such facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans E-Health and Telemedicine Support Act of 2017'' or the ``VETS Act of 2017''. SEC. 2. LICENSURE OF HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS PROVIDING TREATMENT VIA TELEMEDICINE. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1730A the following new section: ``Sec. 1730B. Licensure of health care professionals providing treatment via telemedicine ``(a) In General.--Notwithstanding any provision of law regarding the licensure of health care professionals, a covered health care professional may practice the health care profession of the health care professional at any location in any State, regardless of where the covered health care professional or the patient is located, if the covered health care professional is using telemedicine to provide treatment to an individual under this chapter. ``(b) Covered Health Care Professionals.--For purposes of this section, a covered health care professional is any health care professional who-- ``(1) is an employee of the Department appointed under the authority under section 7306, 7401, 7405, 7406, or 7408 of this title or title 5; ``(2) is authorized by the Secretary to provide health care under this chapter; ``(3) is required to adhere to all standards of quality relating to the provision of medicine in accordance with applicable policies of the Department; and ``(4) has an active, current, full, and unrestricted license, registration, or certification in a State to practice the health care profession of the health care professional. ``(c) Property of Federal Government.--Subsection (a) shall apply to a covered health care professional providing treatment to a patient regardless of whether the covered health care professional or patient is located in a facility owned by the Federal Government during such treatment. ``(d) Relation to State Law.--(1) The provisions of this section shall supersede any provisions of the law of any State to the extent that such provision of State law are inconsistent with this section. ``(2) No State shall deny or revoke the license, registration, or certification of a covered health care professional who otherwise meets the qualifications of the State for holding the license, registration, or certification on the basis that the covered health care professional has engaged or intends to engage in activity covered by subsection (a). ``(e) Rule of Construction.--Nothing in this section may be construed to remove, limit, or otherwise affect any obligation of a covered health care professional under the Controlled Substances Act (21 U.S.C. 801 et seq.).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1730A the following new item: ``1730B. Licensure of health care professionals providing treatment via telemedicine.''. (c) Report on Telemedicine.-- (1) In general.--Not later than one year after the earlier of the date on which services provided under section 1730B of title 38, United States Code, as added by subsection (a), first occur or regulations are promulgated to carry out such section, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the effectiveness of the use of telemedicine by the Department of Veterans Affairs. (2) Elements.--The report required by paragraph (1) shall include an assessment of the following: (A) The satisfaction of veterans with telemedicine furnished by the Department. (B) The satisfaction of health care providers in providing telemedicine furnished by the Department. (C) The effect of telemedicine furnished by the Department on the following: (i) The ability of veterans to access health care, whether from the Department or from non-Department health care providers. (ii) The frequency of use by veterans of telemedicine. (iii) The productivity of health care providers. (iv) Wait times for an appointment for the receipt of health care from the Department. (v) The use by veterans of in-person services at Department facilities and non- Department facilities. (D) The types of appointments for the receipt of telemedicine furnished by the Department that were provided during the one-year period preceding the submittal of the report. (E) The number of appointments for the receipt of telemedicine furnished by the Department that were requested during such period, disaggregated by medical facility. (F) Savings by the Department, if any, including travel costs, from furnishing health care through the use of telemedicine during such period. Passed the Senate January 3, 2018. Attest: Secretary. 115th CONGRESS 2d Session S. 925 _______________________________________________________________________ AN ACT To amend title 38, United States Code, to improve the ability of health care professionals to treat veterans through the use of telemedicine, and for other purposes.

Veterans E-Health and Telemedicine Support Act of 2017 or the VETS Act of 2017 This bill allows a licensed health care professional of the Department of Veterans Affairs to practice his or her profession using telemedicine at any location in any state, regardless of where the professional or patient is located.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vision Care for Kids Act of 2009''. SEC. 2. GRANTS REGARDING VISION CARE FOR CHILDREN. Part Q of title III of the Public Health Service Act (42 U.S.C. 280h et seq.) is amended by adding at the end the following: ``SEC. 399Z-1. GRANTS REGARDING VISION CARE FOR CHILDREN. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to States on the basis of an established review process for the purpose of complementing existing State efforts for-- ``(1) providing comprehensive eye examinations (as defined in subsection (i)) by a licensed optometrist or ophthalmologist for eligible children (as defined in subsection (b)) who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of 9 years; ``(2) providing treatment or services to such children, subsequent to the examinations described in paragraph (1), that are necessary to correct vision problems; and ``(3) developing and disseminating, to parents, teachers, and health care practitioners, educational materials on recognizing signs of visual impairment in children. ``(b) Eligible Children.-- ``(1) In general.--For purposes of this section, the term `eligible child' means, with respect to an examination described in paragraph (1) of subsection (a) or a treatment or service described in paragraph (2) of such subsection and with respect to a State, a child who is a low-income child (as defined by the State) and who-- ``(A) is not eligible for medical assistance under the State plan under title XIX of such Act; ``(B) subject to paragraph (2)(A), is not eligible for child health assistance under the State child health plan under title XXI of the Social Security Act; ``(C) subject to paragraph (2)(B), does not have health insurance coverage (as defined in section 2791) in the group market or in the individual market (as such terms are defined in such section) and is not a beneficiary or participant under a group health plan (as defined in such section); and ``(D) is not receiving assistance under any State health compensation program or under any other Federal or State health benefits program for such examination, treatment, or service, respectively. ``(2) Inclusion of certain low-income children with health benefits.--With respect to an examination described in paragraph (1) of subsection (a) or a treatment or service described in paragraph (2) of such subsection and with respect to a State-- ``(A) paragraph (1)(B) shall not apply to a child who is eligible for child health assistance under the State child health plan under title XXI of the Social Security Act (whether or not such child is enrolled under such plan), if such plan does not provide for coverage of such examination, treatment, or service, respectively; and ``(B) paragraph (1)(C) shall not apply to a child described in such paragraph if no amount is payable under the coverage or plan described in such paragraph for such examination, treatment, or service, respectively. ``(c) Criteria.--The Secretary, in consultation with appropriate professional and patient organizations including individuals with knowledge of age appropriate vision services, shall develop criteria-- ``(1) governing the operation of the grant program under subsection (a); and ``(2) for the collection of data related to vision assessment and the utilization of follow-up services. ``(d) Application.--To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary an application in such form, made in such manner, and containing such information as the Secretary may require, including-- ``(1) information on existing Federal, Federal-State, or State-funded children's vision programs; ``(2) a plan for the use of grant funds, including how funds will be used to complement existing State efforts (including possible partnerships with non-profit entities); ``(3) a plan to determine if an eligible child has been identified as provided for in subsection (a); ``(4) an assurance that funds will be used consistent with this section; ``(5) a description of how funds will be used to provide examinations, treatments, and services, consistent with this section; and ``(6) an assurance that, in providing examinations, treatments, and services through use of such grant, the State will give priority to eligible children with the lowest income. ``(e) Evaluations.--To be eligible to receive a grant under subsection (a), a State shall agree that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including-- ``(1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant; ``(2) the collection, analysis, and reporting of children's vision data according to guidelines prescribed by the Secretary; and ``(3) such other information as the Secretary may require. ``(f) Limitations in Expenditure of Grant.--A grant may be made under subsection (a) only if the State involved agrees that the State will expend amounts received under such grant as follows: ``(1) The State will expend at least 80 percent of such amounts for the purposes described in paragraphs (1) and (2) of such subsection. ``(2) The State will not expend more than 10 percent of such amounts to carry out the purpose described in paragraph (3) of such subsection. ``(3) The State will not expend more than 10 percent of such amounts for administrative purposes. ``(g) Matching Funds.-- ``(1) In general.--With respect to the costs of the activities to be carried out with a grant under subsection (a), a condition for the receipt of the grant is that the State involved agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs. ``(2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(h) Supplement Not Supplant.--A State that receives a grant under this section shall ensure that amounts received under such grant will be used to supplement, and not supplant, any other Federal, State, or local funds available to carry out activities of the type carried out under the grant. ``(i) Definitions.--For purposes of this section: ``(1) Child.--The term `child' means an individual who-- ``(A) has not attained 18 years of age; or ``(B) has not attained 19 years of age and is a full-time student in a secondary school (or in the equivalent level of vocational or technical training). ``(2) Comprehensive eye examination.--The term `comprehensive eye examination' includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist. ``(j) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated-- ``(1) $10,000,000 for fiscal year 2010; ``(2) $13,000,000 for fiscal year 2011; and ``(3) $14,000,000 for each of the fiscal years 2012 through 2014.''. Passed the House of Representatives March 31, 2009. Attest: LORRAINE C. MILLER, Clerk.

Vision Care for Kids Act of 2009 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award matching grants to states to complement existing state efforts to: (1) provide comprehensive eye examinations from a licensed optometrist or ophthalmologist to eligible children who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of nine years; (2) provide treatment or services as necessary to correct identified vision problems; and (3) develop and disseminate to parents, teachers, and health care practitioners educational materials on recognizing signs of visual impairment in children. Defines "eligible child" as a low-income child who: (1) is not eligible for medical assistance under Medicaid; (2) is not eligible for child health assistance under the State Children's Health Insurance Program (SCHIP), unless such plan does not provide coverage of such examination, treatment, or service; (3) does not have health insurance coverage unless no amount is payable under the coverage for such examination, treatment, or service; and (4) is not receiving assistance under state health compensation program or any other federal or state health benefits program. Requires the Secretary to develop criteria: (1) governing the operation of the grant program; and (2) for the collection of data related to vision assessment and the utilization of follow-up services.

SECTION 1. DEFINITIONS. As used in this Act-- (1) ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation; (2) ``Reclamation'' means the Bureau of Reclamation, United States Department of the Interior; (3) ``Fish passage and screening facilities'' means ladders, collection devices, and all other kinds of facilities which enable fish to pass through, over, or around water diversion structures; facilities and other constructed works which modify, consolidate, or replace water diversion structures in order to achieve fish passage; screens and other devices which reduce or prevent entrainment and impingement of fish in a water diversion, delivery, or distribution system; and any other facilities, projects, or constructed works or strategies which are designed to provide for or improve fish passage while maintaining water deliveries and to reduce or prevent entrainment and impingement of fish in a water storage, diversion, delivery, or distribution system of a water project; (4) ``Federal reclamation project'' means a water resources development project constructed, operated, and maintained pursuant to the Reclamation Act of 1902 (32 Stat. 388), and acts amendatory thereof and supplementary thereto; (5) ``Non-Federal party'' means any non-Federal party, including federally recognized Indian tribes, non-Federal governmental and quasi-governmental entities, private entities (both profit and non-profit organizations), and private individuals; (6) ``Snake River Basin'' means the entire drainage area of the Snake River, including all tributaries, from the headwaters to the confluence of the Snake River with the Columbia River; (7) ``Columbia River Basin'' means the entire drainage area of the Columbia River located in the United States, including all tributaries, from the headwaters to the Columbia River estuary; and (8) ``Habitat improvements'' means work to improve habitat for aquatic plants and animals within a currently existing stream channel below the ordinary high water mark, including stream reconfiguration to rehabilitate and protect the natural function of streambeds, and riverine wetland construction and protection. SEC. 2. AUTHORIZATION. (a) In General.--Subject to the requirements of this Act, the Secretary is authorized to plan, design, and construct, or provide financial assistance to non-Federal parties to plan, design, and construct, fish passage and screening facilities or habitat improvements at any non-Federal water diversion or storage project located anywhere in the Columbia River Basin when the Secretary determines that such facilities would enable Reclamation to meet its obligations under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) regarding the construction and continued operation and maintenance of all Federal reclamation projects located in the Columbia River Basin, excluding the Federal reclamation projects located in the Snake River Basin. (b) Prohibition of Acquisition of Land for Habitat Improvements.-- Notwithstanding subsection (a), nothing in this Act authorizes the acquisition of land for habitat improvements. SEC. 3. LIMITATIONS. (a) Written Agreement.--The Secretary may undertake the construction of, or provide financial assistance covering the cost to the non-Federal parties to construct, fish passage and screening facilities at non-Federal water diversion and storage projects or habitat improvements located anywhere in the Columbia River Basin only after entering into a voluntary, written agreement with the non-Federal party or parties who own, operate, or maintain the project, or any associated lands involved. (b) Federal Share.--The Federal share of the total costs of constructing the fish passage and screening facility or habitat improvements shall be not more than 75 percent. (c) Non-Federal Share.-- (1) Except as provided in paragraph (4), a written agreement entered into under subsection (a) shall provide that the non-Federal party agrees to pay the non-Federal share of the total costs of constructing the fish passage and screening facility or habitat improvements. (2) The non-Federal share may be provided in the form of cash or in-kind services. (3) The Secretary shall-- (A) require the non-Federal party to provide appropriate documentation of any in-kind services provided; and (B) determine the value of the in-kind services. (4) The requirements of this subsection shall not apply to Indian tribes. (d) Grant and Cooperative Agreements.--Any financial assistance made available pursuant to this Act shall be provided through grant agreements or cooperative agreements entered into pursuant to and in compliance with chapter 63 of title 31, United States Code. (e) Terms and Conditions.--The Secretary may require such terms and conditions as will ensure performance by the non-Federal party, protect the Federal investment in fish passage and screening facilities or habitat improvements, define the obligations of the Secretary and the non-Federal party, and ensure compliance with this Act and all other applicable Federal, State, and local laws. (f) Rights and Duties of Non-Federal Parties.--All right and title to, and interest in, any fish passage and screening facilities constructed or funded pursuant to the authority of this Act shall be held by the non-Federal party or parties who own, operate, and maintain the non-Federal water diversion and storage project, and any associated lands, involved. The operation, maintenance, and replacement of such facilities shall be the sole responsibility of such party or parties and shall not be a project cost assignable to any Federal reclamation project. SEC. 4. OTHER REQUIREMENTS. (a) Permits.--The Secretary may assist a non-Federal party who owns, operates, or maintains a non-Federal water diversion or storage project, and any associated lands, to obtain and comply with any required State, local, or tribal permits. (b) Federal Law.--In carrying out this Act, the Secretary shall be subject to all Federal laws applicable to activities associated with the construction of a fish passage and screening facility or habitat improvements. (c) State Water Law.-- (1) In carrying out this Act, the Secretary shall comply with any applicable State water laws. (2) Nothing in this Act affects any water or water-related right of a State, an Indian tribe, or any other entity or person. (d) Required Coordination.--The Secretary shall coordinate with the Northwest Power and Conservation Council; appropriate agencies of the States of Idaho, Oregon, and Washington; and appropriate federally recognized Indian tribes in carrying out the program authorized by this Act. SEC. 5. INAPPLICABILITY OF FEDERAL RECLAMATION LAW. (a) In General.--The Reclamation Act of 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto, shall not apply to the non-Federal water projects at which the fish passage and screening facilities authorized by this Act are located, nor to the lands which such projects irrigate. (b) Nonreimbursable and Nonreturnable Expenditures.-- Notwithstanding any provision of law to the contrary, the expenditures made by the Secretary pursuant to this Act shall not be a project cost assignable to any Federal reclamation project (either as a construction cost or as an operation and maintenance cost) and shall be non- reimbursable and non-returnable to the United States Treasury. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such amounts as are necessary for the purposes of this Act. Passed the Senate September 15, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Authorizes the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation (Reclamation), directly or through financial assistance to non-Federal parties, to plan, design, and construct fish passage and screening facilities or habitat improvements at any non-Federal water diversion or storage project located anywhere in the Columbia River Basin. Provides such authority when the Secretary determines that such facilities would enable Reclamation to meet its obligations under specified Federal law regarding the construction and continued operation and maintenance of all Federal reclamation projects located in the Columbia River Basin, excluding the Federal reclamation projects located in the Snake River Basin. Limits the Federal share to 75 percent of project costs, requiring the non-Federal party to pay the remaining share. Sets forth other limitations and requirements relating to the authority under this Act. Makes the Reclamation Act of 1902 and other Federal reclamation laws inapplicable to the non-Federal water projects at which the fish passage and screening facilities authorized by this Act are located, and to the lands which such projects irrigate. Declares that expenditures made by the Secretary under this Act shall not be a project cost assignable to any Federal reclamation project and shall be non-reimbursable and non-returnable to the U.S. Treasury. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay Science, Education, and Ecosystem Enhancement Act of 2009''. SEC. 2. REAUTHORIZATION OF NOAA CHESAPEAKE BAY OFFICE. Section 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d) is amended-- (1) in subsection (a)-- (A) in paragraph (1) by striking ``(in this section'' and all that follows and inserting a period; (B) by amending paragraph (2) to read as follows: ``(2) The Office shall be headed by a Director, who-- ``(A) shall have knowledge and experience in research or resource management efforts in the Chesapeake Bay; and ``(B) shall be responsible for the administration and operation of the office and the implementation of this Act.''; and (C) by striking paragraph (3); (2) in subsection (b)-- (A) by striking so much as precedes paragraph (1) and inserting the following: ``(b) Purpose.--The purpose of this section is to focus the relevant science, research, and resource management capabilities of the National Oceanic and Atmospheric Administration as they apply to the Chesapeake Bay and to utilize the Office to--''; (B) in paragraph (2), by striking ``Secretary of Commerce'' and inserting ``Administrator''; (C) in paragraph (3)-- (i) by striking the matter preceding subparagraph (A) and inserting the following: ``(3) coordinate the programs and activities of the various organizations within the National Oceanic and Atmospheric Administration in furtherance of such administration's coastal resource stewardship mission, including--''; (ii) in subparagraph (A), by striking ``and'' after the semicolon at the end of clause (vi), and by inserting after clause (vii) the following: ``(viii) coastal hazards and climate change; and''; and (iii) in subparagraph (B), by striking ``and'' after the semicolon at the end of clause (iii), by inserting ``and'' after the semicolon at the end of clause (iv), and by adding at the end the following: ``(v) integrated ecosystem assessments;''; (D) in paragraph (4)-- (i) by striking ``Environmental Protection Agency'' and inserting ``Chesapeake Executive Council''; and (ii) by inserting before the semicolon at the end the following: ``as appropriate to further purposes of this section''; (E) by striking paragraphs (5) and (7); (F) by redesignating paragraph (6) as paragraph (5); and (G) by adding at the end the following: ``(6) perform any functions necessary to support the programs referred to in paragraph (3).''; and (3) by striking subsection (c) and all that follows through the end of the section and inserting the following: ``(c) Program Activities.-- ``(1) In general.--The Administrator, through the Director, shall implement the program activities authorized by this subsection to support the activity of the Chesapeake Executive Council and to further the purposes of this section. ``(2) Ensuring scientific and technical merit.--The Director shall-- ``(A) establish and utilize an effective and transparent mechanism to ensure that projects funded under this section have undergone appropriate peer review; and ``(B) provide other appropriate means to determine that such projects have acceptable scientific and technical merit for the purpose of achieving maximum utilization of available funds and resources to benefit the Chesapeake Bay area. ``(3) Consultation with chesapeake executive council.--The Director shall, in the implementation of the program activities authorized under this section, consult with the Chesapeake Executive Council, to ensure that the activities of the Office are consistent with the purposes and priorities of the Chesapeake Bay Agreement and plans developed pursuant to the Agreement. ``(4) Integrated coastal observations.-- ``(A) In general.--The Administrator, through the Director, may collaborate with scientific and academic institutions, State and Federal agencies, non- governmental organizations, and other constituents in the Chesapeake Bay watershed, to support an integrated observations system for the Chesapeake Bay consistent with the purposes of subtitle C of title XII of Public Law 111-11 (33 U.S.C. 3601 et seq.). ``(B) Specific requirements.--To support the system referred to in subparagraph (A) and provide a complete set of environmental information for the Chesapeake Bay, the Director shall-- ``(i) coordinate existing monitoring and observing activities in the Chesapeake Bay; ``(ii) identify new data collection needs and deploy new technologies, as appropriate; ``(iii) collect and analyze the scientific information necessary for the management of living marine resources and the marine habitat associated with such resources; ``(iv) manage and interpret the information described in clause (iii); and ``(v) organize the information described in clause (iii) into products that are useful to policy makers, resource managers, scientists, and the public. ``(C) Chesapeake bay interpretive buoy system.--To further the development and implementation of the Chesapeake Bay Interpretive Buoy System, the Director may-- ``(i) support the establishment and implementation of the Captain John Smith Chesapeake National Historic Trail; ``(ii) delineate key waypoints along the trail and provide appropriate real-time data and information for trail users; ``(iii) interpret data and information for use by educators and students to inspire stewardship of Chesapeake Bay; and ``(iv) incorporate the Chesapeake Bay Interpretive Buoy System into the Integrated Ocean Observing System regional network of observatories. ``(5) Chesapeake bay watershed education and training program.-- ``(A) In general.--The Administrator, through the Director, may establish a Chesapeake Bay watershed education and training program. The program shall-- ``(i) continue and expand the Chesapeake Bay watershed education programs offered by the Office immediately before the enactment of the Chesapeake Bay Science, Education, and Ecosystem Enhancement Act of 2009; ``(ii) improve the understanding of elementary and secondary school students and teachers of the living resources of the ecosystem of the Chesapeake Bay; ``(iii) provide community education to improve watershed protection; and ``(iv) meet the educational goals of the Chesapeake 2000 Agreement. ``(B) Grant program.--The Director may award grants for the purposes of this paragraph. Grants awarded under this subparagraph may be used to support education and training projects that enhance understanding and assessment of a specific environmental problem in the Chesapeake Bay watershed or a goal of the Chesapeake Bay Program, or protect or restore living resources of the Chesapeake Bay watershed, including projects that-- ``(i) provide classroom education, including the development and use of distance learning and other innovative technologies, related to the Chesapeake Bay watershed; ``(ii) provide watershed educational experiences in the Chesapeake Bay watershed; ``(iii) provide professional development for teachers related to the Chesapeake Bay watershed and the dissemination of pertinent education materials oriented to varying grade levels; ``(iv) demonstrate or disseminate environmental educational tools and materials related to the Chesapeake Bay watershed; ``(v) demonstrate field methods, practices, and techniques including assessment of environmental and ecological conditions and analysis of environmental problems; ``(vi) build the capacity of organizations to deliver high quality environmental education programs; and ``(vii) educate local land use officials and decision makers on the relationship of land use to natural resource and watershed protection. ``(C) Collaboration.--The Director shall implement the education and training program in collaboration with the heads of other relevant Federal agencies. ``(6) Coastal and living resources management and habitat program.-- ``(A) In general.--The Administrator, through the Director, may establish a Chesapeake Bay coastal living resources management and habitat program to support coordinated management, protection, characterization, and restoration of priority Chesapeake Bay habitats and living resources, including oysters, blue crabs, and submerged aquatic vegetation. ``(B) Activities.--Under the program, the Director may, subject to the availability of appropriations, carry out or enter into grants, contracts, and cooperative agreements and provide technical assistance to support-- ``(i) native oyster restoration; ``(ii) fish and shellfish aquaculture that is carried out in accordance with a valid Federal or State permit; ``(iii) establishment of submerged aquatic vegetation propagation programs; ``(iv) the development of programs that protect and restore critical coastal habitats; ``(v) habitat mapping, characterization, and assessment techniques necessary to identify, assess, and monitor restoration actions; ``(vi) application and transfer of applied scientific research and ecosystem management tools to fisheries and habitat managers; ``(vii) collection, synthesis, and sharing of information to inform and influence coastal and living resource management issues; and ``(viii) other activities that the Director determines are appropriate to carry out the purposes of such program. ``(d) Reports.-- ``(1) In general.--The Administrator, through the Director, shall submit a biennial report to the Congress and the Secretary of Commerce on the activities of the Office and on progress made in protecting and restoring the living resources and habitat of the Chesapeake Bay. ``(2) Action plan.--Each such report shall include an action plan for the 2-year period following submission of the report, consisting of-- ``(A) a list of recommended research, monitoring, and data collection activities necessary to continue implementation of the strategy under subsection (b)(2); and ``(B) recommendations to integrate National Oceanic and Atmospheric Administration activities with the activities of the partners in the Chesapeake Bay Program to meet the commitments of the Chesapeake 2000 agreement and subsequent agreements. ``(e) Agreements.-- ``(1) In general.--The Administrator, through the Director, may, subject to the availability of appropriations, enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this Act. ``(2) Use of other resources.--For purposes related to the understanding, protection, and restoration of Chesapeake Bay, the Director may use, with their consent and with or without reimbursement, the land, services, equipment, personnel, and facilities of any Department, agency, or instrumentality of the United States, or of any State, local government, Indian tribal government, or of any political subdivision thereof. ``(3) Donations.--The Director may accept donations of funds, other property, and services for use in understanding, protecting, and restoring the Chesapeake Bay. Donations accepted under this section shall be considered as a gift or bequest to or for the use of the United States. ``(f) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the National Oceanic and Atmospheric Administration. ``(2) Chesapeake bay agreement.--The term `Chesapeake Bay Agreement' means the formal, voluntary agreements executed to achieve the goal of restoring and protecting the Chesapeake Bay ecosystem and the living resources of the Chesapeake Bay ecosystem and are signed by the Chesapeake Executive Council. ``(3) Chesapeake executive council.--The term `Chesapeake Executive Council' means the representatives from the Commonwealth of Virginia, the State of Maryland, the Commonwealth of Pennsylvania, the Environmental Protection Agency, the District of Columbia, and the Chesapeake Bay Commission, who are signatories to the Chesapeake Bay Agreement, and any future signatories to that agreement. ``(4) Director.--The term `Director' means the Director of the Office. ``(5) Office.--The term `Office' means the Chesapeake Bay Office established under this section. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section-- ``(1) $17,000,000 for fiscal year 2011; ``(2) $18,700,000 for fiscal year 2012; ``(3) $20,570,000 for fiscal year 2013; and ``(4) $22,627,000 for fiscal year 2014.''. Passed the House of Representatives September 30, 2009. Attest: LORRAINE C. MILLER, Clerk.

Chesapeake Bay Science, Education, and Ecosystem Enhancement Act of 2009 - Amends the National Oceanic and Atmospheric Administration Authorization Act of 1992 to revise research, management, and program provisions of the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration (NOAA). States that the Director of the Office shall be responsible for the administration and operation of the Office and implementation of such Act. Requires the Director to: (1) implement the program activities of the Chesapeake Executive Council; (2) ensure that projects have scientific and technical merit and have undergone appropriate peer review; (3) consult with the Council; and (4) report biennially to Congress and to the Secretary of Commerce regarding activities to protect the Chesapeake Bay. Authorizes the Director to: (1) collaborate with scientific and academic institutions, state and federal agencies, nongovernmental organizations, and other constituents to support an integrated observations system for the Chesapeake Bay; (2) support the establishment and implementation of the Captain John Smith Chesapeake National Historic Trail; (3) incorporate the Chesapeake Bay Interpretive Buoy System into the Integrated Ocean Observing System regional network of observatories; (4) establish a Chesapeake Bay watershed education and training program (authorizes related grants); (5) establish a Chesapeake Bay coastal living resources management and habitat program to support management of priority Chesapeake Bay habitats and living resources, including oysters, blue crabs, and submerged aquatic vegetation; and (6) accept donations of funds, property, and services. Authorizes FY2011- FY2014 appropriations for the Office and related activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Joshua Omvig Veterans Suicide Prevention Act''. SEC. 2. COMPREHENSIVE PROGRAM FOR SUICIDE PREVENTION AMONG VETERANS. (a) Program Required.--The Secretary of Veterans Affairs shall develop and implement a comprehensive program for reducing the incidence of suicide among veterans. (b) Program Elements.-- (1) De-stigmatizing mental health.--The program required by subsection (a) shall include a national mental health campaign to increase awareness in the veteran community that mental health is essential to overall health and that very effective modern treatments can promote recovery from mental illness. The campaign may include the following: (A) Activities targeted at veterans of Operation Iraqi Freedom and Operation Enduring Freedom and the families of such veterans. (B) Monthly messages on the Internet website of the Department of Veterans Affairs that express the theme that mental health is essential to overall health. (C) Inclusion of the theme described in subparagraph (B) in public addresses, speeches, and veterans service organization convention addresses by the Secretary of Veterans Affairs and other senior officials of the Department. (2) Training of employees and other personnel.--The program shall provide for mandatory training on suicide and suicide prevention for appropriate employees and contractor personnel (including all medical personnel) of the Department of Veterans Affairs who interact with veterans. Such training shall include information pertinent to the job of such employees and personnel, including information on the following: (A) Recognition of risk factors for suicide. (B) Protocols for responding to crisis situations involving veterans who may be at high risk for suicide. (C) Best practices for suicide prevention. (3) Family education.--The program shall include programs targeted at family members of veterans to assist such family members-- (A) understanding issues that arise in the readjustment of veterans to civilian life; (B) identifying signs and symptoms of mental health problems; and (C) encouraging veterans to seek assistance for such problems. (4) Peer support program.-- (A) In general.--The program shall provide support for the development of a program to enable veterans to serve as peer counselors to assist other veterans with mental health issues. (B) Peer support counseling as a supplemental service.--The program supported by subparagraph (A) shall be offered in addition to other mental health services already offered by the Department and services created pursuant to this Act. (5) Health assessments of veterans.--The program shall encourage all veterans, when they apply for benefits provided by the Department, to undergo a mental health assessment at a Department of Veterans Affairs medical facility (including a center established under section 1712A of title 38, United States Code). (6) Counseling and treatment of veterans.--The program shall provide for referrals to appropriate counseling and treatment programs for veterans who show signs or symptoms of mental health problems. (7) Suicide prevention counselors.--The program shall provide for the designation of a suicide prevention counselor at each Department of Veterans Affairs medical facility other than centers established under section 1712A of title 38, United States Code. Each counselor shall work with local emergency rooms, law enforcement agencies, local mental health organizations, and veterans service organizations to engage in outreach to veterans to inform them of mental health services that are available to them and to improve the coordination of mental health care to veterans at the local level. (8) Access to mental health services.--The program shall include mechanisms to ensure that veterans in rural and geographically remote areas have access to quality mental health care. In ensuring the delivery of quality mental health care to such veterans, the Secretary of Veterans Affairs shall collaborate with the following agencies: (A) The Department of Health and Human Services. (B) The National Institute of Mental Health. (C) The Indian Health Service. (D) The Health Resources and Services Administration. (E) The Substance Abuse and Mental Health Services Administration. (9) Research on best practices.-- (A) In general.--The program shall provide for research on best practices for suicide prevention among veterans. (B) Steering committee.--The Secretary of Veterans Affairs shall develop a steering committee to advise the Secretary of Veterans Affairs on the research described in subparagraph (A). Such steering committee shall be comprised of representatives from the following: (i) National Institute of Mental Health. (ii) Substance Abuse and Mental Health Services Administration. (iii) Centers for Disease Control and Prevention. (10) Research on sexual trauma.--The program shall provide for research on mental health care for veterans who experience sexual trauma while in service in the Armed Forces, including members who experience such trauma while serving in a reserve component of the Armed Forces. (11) 24-hour mental health care.--The program shall include mechanisms to ensure the availability of services for mental health care for veterans on a 24-hour basis. (12) Telephone hotline.--The program may include a toll- free telephone number (commonly referred to as an ``800 number'') through which veterans may obtain information on and referrals to appropriate mental health services. The telephone number shall be serviced by personnel with appropriate mental health training, and shall be operational at all times. (13) Other elements.--The program may provide for such other activities and programs to reduce the incidence of suicide among veterans as the Secretary of Veterans Affairs considers appropriate. SEC. 3. REPORT TO CONGRESS ON SUICIDE PREVENTION PROGRAMS AND ACTIVITIES. (a) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the programs and activities of the Department of Veterans Affairs to reduce the incidence of suicide among veterans. (b) Elements.--The report shall include the following: (1) A description of the status of the implementation of the program required by section 2(a). (2) A description of the scheduled implementation of the program during the two-year period beginning on the date of the enactment of this Act, including the costs of implementation of the program over that period. (3) A plan for additional programs and activities to reduce the incidence of suicide among veterans. (4) Such recommendations for additional legislative or administrative action as the Secretary considers appropriate to improve and enhance the suicide prevention programs and activities of the Department. (c) Consultation.--In developing the plan required by subsection (b)(3), the Secretary shall consult with the following: (1) The National Institute of Mental Health. (2) The Substance Abuse and Mental Health Services Administration. (3) Centers for Disease Control and Prevention. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) suicide among veterans suffering from post-traumatic stress disorder (PTSD) is a serious problem; and (2) the Secretary of Veterans Affairs should take into consideration the special needs of veterans suffering from post-traumatic stress disorder in developing and implementing the comprehensive program required by section 2(a).

Joshua Omvig Veterans Suicide Prevention Act - Directs the Secretary of Veterans Affairs to develop and implement a comprehensive program for reducing the incidence of suicide among veterans. Requires the program to include: (1) a national mental health campaign to increase mental health awareness in the veteran community; (2) mandatory training on suicide and suicide prevention for appropriate Department of Veterans Affairs (VA) employees and contractor personnel; (3) family education and peer support counseling; (4) veterans' health assessments, counseling, and access to mental health services; (5) suicide prevention counselors; (6) research on suicide prevention and on mental health of veterans who experienced sexual trauma; (7) 24-hour veterans' mental health care availability; and (8) a toll-free hotline. Expresses the sense of Congress that: (1) suicide among veterans suffering from post-traumatic stress disorder (PTSD) is a serious problem; and (2) the Secretary should take into consideration the special needs of veterans suffering from PTSD in developing and implementing the program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Agreements Compliance Act of 1993''. SEC. 2. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE. Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended by inserting after section 306 the following new section: ``SEC. 306A. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE. ``(a) Definitions.--For purposes of this section-- ``(1) The term `interested person' means any person that has a significant economic interest that is being, or has been, adversely affected by the failure of a foreign country to comply materially with the terms of a trade agreement. ``(2) The term `trade agreement' means any bilateral trade agreement to which the United States is a party. ``(b) Request for Review.-- ``(1) An interested person may request the Trade Representative to undertake a review under this section to determine whether a foreign country is in material compliance with the terms of a trade agreement. ``(2) A request for the review of a trade agreement under this section may be made only during-- ``(A) the 30-day period beginning on each anniversary of the effective date of the trade agreement; and ``(B) the 30-day period ending on the 90th day before the termination date of the trade agreement, if the first day of such 30-day period occurs not less than 180 days after the last occurring 30-day period referred to in subparagraph (A). ``(3) The Trade Representative shall commence a review under this section if the request-- ``(A) is in writing; ``(B) includes information reasonably available to the petitioner regarding the failure of the foreign country to comply with the trade agreement; ``(C) identifies the economic interest of the petitioner that is being adversely affected by the failure referred to in subparagraph (B); and ``(D) describes the extent of the adverse effect. ``(4) If 2 or more requests are filed during any period described in paragraph (2) regarding the same trade agreement, all of such requests shall be joined in a single review of the trade agreement. ``(c) Review.-- ``(1) If 1 or more requests regarding any trade agreement are received during any period described in subsection (b)(2), then within 90 days after the last day of such period the Trade Representative shall determine whether the foreign country is in material compliance with the terms of the trade agreement. ``(2) In making a determination under paragraph (1), the Trade Representative shall take into account-- ``(A) the extent to which the foreign country has adhered to the commitments it made to the United States; ``(B) the extent to which that degree of adherence has achieved the objectives of the agreement; and ``(C) any act, policy, or practice of the foreign country, or other relevant factor, that may have contributed directly or indirectly to material noncompliance with the terms of the agreement. The acts, policies, or practices referred to in subparagraph (C) may include structural policies, tariff or nontariff barriers, or other actions which affect compliance with the terms of the agreement. ``(3) In conducting any review under para- graph (1), the Trade Representative may, if the Trade Representative considers such action necessary or appropriate-- ``(A) consult with the Secretary of Commerce and the Secretary of Agriculture; ``(B) seek the advice of the United States International Trade Commission; and ``(C) provide opportunity for the presentation of views by the public. ``(d) Action After Affirmative Determination.-- ``(1) If, on the basis of the review carried out under subsection (c), the Trade Representative determines that a foreign country is not in material compliance with the terms of a trade agreement, the Trade Representative shall determine what action to take under section 301(a). ``(2) For purposes of section 301, any determination made under subsection (c) shall be treated as a determination made under section 304. ``(3) In determining what action to take under section 301(a), the Trade Representative shall seek to minimize the adverse impact on existing business relations or economic interests of United States persons, including products for which a significant volume of trade does not currently exist. ``(e) International Obligations.--Nothing in this section may be construed as requiring actions that are inconsistent with the international obligations of the United States, including the General Agreement on Tariffs and Trade.''. SEC. 3. CONFORMING AMENDMENTS. (a) Congressional Notification.--Section 309(3)(A) of the Trade Act of 1974 (19 U.S.C. 2419(3)(A)) is amended by striking out ``section 302,'' and inserting ``sections 302 and 306A(c),''. (b) Table of Contents.--The table of contents of the Trade Act of 1974 relating to chapter 1 of title III is amended by inserting after the item relating to section 306 the following: ``Sec. 306A. Requests for review of foreign compliance.''.

Trade Agreements Compliance Act of 1993 - Amends the Trade Act of 1974 to authorize certain economically affected persons to request the U.S. Trade Representative (USTR) to review whether a foreign country is in material compliance with the terms of a bilateral trade agreement to which the United States is a party. Prescribes guidelines for such a review. Provides that nothing in this Act may be construed as requiring actions that are inconsistent with U.S. international obligations, including the General Agreement on Tariffs and Trade.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshoring Prevention Act''. SEC. 2. TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY. (a) General Rule.--Subsection (a) of section 954 of the Internal Revenue Code of 1986 is amended by striking the period at the end of paragraph (5) and inserting ``, and'', by redesignating paragraph (5) as paragraph (4), and by adding at the end the following new paragraph: ``(5) imported property income for the taxable year (determined under subsection (j) and reduced as provided in subsection (b)(5)).''. (b) Definition of Imported Property Income.--Section 954 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Imported Property Income.-- ``(1) In general.--For purposes of subsection (a)(5), the term `imported property income' means income (whether in the form of profits, commissions, fees, or otherwise) derived in connection with-- ``(A) manufacturing, producing, growing, or extracting imported property; ``(B) the sale, exchange, or other disposition of imported property; or ``(C) the lease, rental, or licensing of imported property. Such term shall not include any foreign oil and gas extraction income (within the meaning of section 907(c)) or any foreign oil related income (within the meaning of section 907(c)). ``(2) Imported property.--For purposes of this subsection-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `imported property' means property which is imported into the United States by the controlled foreign corporation or a related person. ``(B) Imported property includes certain property imported by unrelated persons.--The term `imported property' includes any property imported into the United States by an unrelated person if, when such property was sold to the unrelated person by the controlled foreign corporation (or a related person), it was reasonable to expect that-- ``(i) such property would be imported into the United States; or ``(ii) such property would be used as a component in other property which would be imported into the United States. ``(C) Exception for property subsequently exported.--The term `imported property' does not include any property which is imported into the United States and which-- ``(i) before substantial use in the United States, is sold, leased, or rented by the controlled foreign corporation or a related person for direct use, consumption, or disposition outside the United States; or ``(ii) is used by the controlled foreign corporation or a related person as a component in other property which is so sold, leased, or rented. ``(D) Exception for certain agricultural commodities.--The term `imported property' does not include any agricultural commodity which is not grown in the United States in commercially marketable quantities. ``(3) Definitions and special rules.-- ``(A) Import.--For purposes of this subsection, the term `import' means entering, or withdrawal from warehouse, for consumption or use. Such term includes any grant of the right to use intangible property (as defined in section 936(h)(3)(B)) in the United States. ``(B) United states.--For purposes of this subsection, the term `United States' includes the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(C) Unrelated person.--For purposes of this subsection, the term `unrelated person' means any person who is not a related person with respect to the controlled foreign corporation. ``(D) Coordination with foreign base company sales income.--For purposes of this section, the term `foreign base company sales income' shall not include any imported property income.''. (c) Separate Application of Limitations on Foreign Tax Credit for Imported Property Income.-- (1) In general.--Paragraph (1) of section 904(d) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) imported property income, and''. (2) Imported property income defined.--Paragraph (2) of section 904(d) of such Code is amended by redesignating subparagraphs (I), (J), and (K) as subparagraphs (J), (K), and (L), respectively, and by inserting after subparagraph (H) the following new subparagraph: ``(I) Imported property income.--The term `imported property income' means any income received or accrued by any person which is of a kind which would be imported property income (as defined in section 954(j)).''. (3) Conforming amendment.--Clause (ii) of section 904(d)(2)(A) of such Code is amended by inserting ``or imported property income'' after ``passive category income''. (d) Technical Amendments.-- (1) Clause (iii) of section 952(c)(1)(B) of the Internal Revenue Code of 1986 is amended-- (A) by redesignating subclauses (II), (III), (IV), and (V) as subclauses (III), (IV), (V), and (VI), and (B) by inserting after subclause (I) the following new subclause: ``(II) imported property income,''. (2) The last sentence of paragraph (4) of section 954(b) of such Code is amended by striking ``subsection (a)(5)'' and inserting ``subsection (a)(4)''. (3) Paragraph (5) of section 954(b) of such Code is amended by striking ``and the foreign base company oil related income'' and inserting ``the foreign base company oil related income, and the imported property income''. (e) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end.

Offshoring Prevention Act - Amends the Internal Revenue Code to include in foreign base company income, for purposes of determining the foreign trade income of controlled foreign corporations, imported property income. Defines "imported property income" as, with certain exceptions, income attributable to property manufactured outside of the United States and imported for sale into the United States. Provides for a separate application of limitations on the foreign tax credit for imported property income.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Enforcement Act''. SEC. 2. NO EFFECT ON RIGHTS AND LIABILITIES. Nothing in this Act shall be construed to affect-- (1) the right of an individual or State to receive any child support payment; or (2) the obligation of an individual to pay child support. SEC. 3. INCLUSION IN INCOME OF AMOUNT OF UNPAID CHILD SUPPORT PAYMENTS. (a) In General.--Section 108 of the Internal Revenue Code of 1986 (relating to discharge of indebtedness income) is amended by adding at the end the following new subsection: ``(h) Unpaid Child Support Payments.-- ``(1) In general.--For purposes of this chapter, any taxable unpaid child support payments of a taxpayer for any taxable year shall be treated as amounts includible in gross income of the taxpayer for the taxable year by reason of the discharge of indebtedness of the taxpayer. ``(2) Taxable unpaid child support payments.--For purposes of this subsection, the term `taxable unpaid child support payments' means payments-- ``(A) which were applicable child support payments which the taxpayer was required to pay under a support instrument for the support of a child of the taxpayer, and ``(B) with respect to which the notice requirements of paragraph (3) are met. ``(3) Notice requirements.-- ``(A) In general.--During January of the second calendar year following a calendar year in which there begins a taxable year for which a deduction allowed under section 166(f) was claimed, the eligible taxpayer shall send a notice (in such form as the Secretary may prescribe) to the individual who failed to make payments which contains-- ``(i) the amount of the applicable child support payments for such taxable year, and ``(ii) notice that the individual is required to include such amount in gross income for the taxable year beginning in the preceding calendar year. ``(B) Notice by secretary.--If notice cannot be provided under subparagraph (A) because the address is not known to the eligible taxpayer, the Secretary shall send such notice if the address is available to the Secretary. ``(C) Address unknown.--If notice cannot be provided under subparagraph (A) or (B) because there is no known address, no income shall be included in gross income for any taxable year beginning before the calendar year preceding the calendar year in which such notice may be sent. ``(4) Subsequent payments.--If any payment required to be included in gross income under paragraph (1) is subsequently made, the amount of such payment shall be allowed as a deduction for the taxable year in which such payment is made. ``(5) Definitions.--For purposes of this subsection, the terms `applicable child support payments' and `eligible taxpayer' have the meanings given such terms by section 166(f).'' (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 4. ALLOWANCE OF BAD DEBT DEDUCTION FOR UNPAID CHILD SUPPORT PAYMENTS. (a) In General.--Section 166 of the Internal Revenue Code of 1986 (relating to deduction for bad debts) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Unpaid Child Support Payments.-- ``(1) In general.--In the case of any eligible taxpayer who has any applicable child support payments remaining unpaid as of the close of the taxable year-- ``(A) subsections (a) and (d) shall not apply to such payments, and ``(B) there shall be allowed as a deduction for such taxable year an amount equal to the amount of such payments. ``(2) Per child limitation on deduction.--The aggregate amount allowable as a deduction for any taxable year under paragraph (1) with respect to any child for whom applicable child support payments are required to be paid shall not exceed $10,000. ``(3) Eligible taxpayer.--For purposes of this subsection, the term `eligible taxpayer' means an individual-- ``(A) whose adjusted gross income for the taxable year does not exceed $50,000, ``(B) with respect to whom the amount of applicable child support payments remaining unpaid as of the close of the taxable year is equal to or greater than $500, and ``(C) who meets the identification requirements of paragraph (5). ``(4) Applicable child support payment.-- ``(A) In general.--The term `applicable child support payment' means, with respect to any taxable year of the eligible taxpayer-- ``(i) any periodic payment of a fixed amount, or ``(ii) any payment of a medical or educational expense, insurance premium, or other similar item, which is required to be paid to such taxpayer during such taxable year by an individual under a support instrument meeting the requirements of paragraph (8) for the support of any qualifying child of such individual. ``(B) Qualifying child.--For purposes of this paragraph, the term `qualifying child' means a child of an eligible individual with respect to whom a deduction is allowable under section 151 for the taxable year (or would be so allowable but for paragraph (2) or (4) of section 152(e)). ``(C) Payments must be delinquent for at least entire year.--Any payment described in subparagraph (A) which is required to be made by an individual to an eligible taxpayer shall not be treated as an applicable unpaid child support payment if at least half of the payments which are required to be paid to the eligible taxpayer during the 12-month period ending on the last day of the taxable year are paid. In the case of the 1st taxable year to which this subsection applies to payments from any individual, the preceding sentence shall be applied by substituting `24-month' for `12- month'. ``(D) Coordination with tanf.--The term `applicable child support payment' shall not include any amount the right to which is described in section 408(a)(3) of the Social Security Act and which has been assigned to a State. ``(5) Identification requirements.--The requirements of this paragraph are met if the eligible taxpayer includes on the return claiming the deduction under this subsection the name, address, and taxpayer identification number of-- ``(A) each child with respect to whom child support payments to which this subsection applies are required to be paid, and ``(B) the individual who was required to make such child support payments. In the case of a failure to provide the information under subparagraph (B), the preceding sentence shall not apply if the eligible taxpayer certifies that any such information is not known. ``(6) Cost-of-living adjustments.--In the case of any taxable year beginning after 2000, the $10,000 amount in paragraph (2), the $50,000 amount in paragraph (3)(A), and the $500 amount in paragraph (3)(B) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `calendar year 1999' for `calendar year 1992' in subparagraph (B) thereof. ``(7) Subsequent payments.--If any payment with respect to which a deduction was allowed under paragraph (1) is subsequently made, such payment shall be included in gross income of the eligible taxpayer for the taxable year in which paid. This paragraph shall not apply to any amount if an individual has assigned the right to receive such amount to a State (and the State does not pay such amount to such individual). ``(8) Support instrument.--For purposes of this subsection, a support instrument meets the requirements of this paragraph if it is-- ``(A) a decree of divorce or separate maintenance or a written instrument incident to such a decree, ``(B) a written separation agreement, or ``(C) a decree (not described in subparagraph (A)) of a court or administrative agency requiring a parent to make payments for the support or maintenance of 1 or more children of such parent.'' (b) Deduction for Nonitemizers.--Section 62(a) of such Code is amended by inserting after paragraph (17) the following new paragraph: ``(18) Unpaid child support payments.--The deduction allowed by section 166(f).'' (c) Conforming Amendment.--Section 166(d)(2) of such Code is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'' and by adding at the end thereof the following new subparagraph: ``(C) a debt which is an applicable child support payment under subsection (f).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 5. REDUCTION OF FEDERAL DEBT. Net revenues received in the Treasury pursuant to this Act shall be applied, as provided in appropriation Acts, solely to the retirement of outstanding public debt obligations of the United States and may not be obligated or expended for any other purpose, notwithstanding any other provision of law that does not specifically refer to this section.

Child Support Enforcement Act - Prohibits construing this Act to affect: (1) the right of an individual or State to receive child support payments; or (2) the obligation of an individual to pay child support. Amends the Internal Revenue Code to require that taxable child support payments the taxpayer is required to pay and that are unpaid be treated as included in gross income by reason of discharge of indebtedness. Allows a taxpayer entitled to receive such payments a deduction for unpaid payments. Allows the deduction for those who do not itemize deductions. Requires that net revenues received in the Treasury under this Act be applied, as provided in appropriations Acts, solely to the retirement of outstanding public debt.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Testing Fairness Act of 2003''. SEC. 2. AMENDMENTS REGARDING ADEQUATE YEARLY PROGRESS AND ASSESSMENTS. (a) Continuous Growth Models.--Clause (iii) of section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended by striking ``for all students'' and inserting ``for all students, as demonstrated by measures of students' progress toward proficiency, including longitudinal growth''. (b) Averaging Procedure.--Subparagraph (J) of section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended by adding at the end the following: ``(iv) The State may average data by other means that are designed to increase the stability of school-building results from year to year.''. (c) Adequate Yearly Progress by Group and Subject.--Section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) is amended-- (1) in subparagraph (A) of paragraph (1), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``that fails, for 2 consecutive years,''; (2) in paragraph (5), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``that fails to make adequate yearly progress,''; (3) in subparagraph (C) of paragraph (7), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``that fails to make adequate yearly progress,''; and (4) in subparagraph (A) of paragraph (8), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``continues to fail to make adequate yearly progress,''. (d) Multiple Measures.--Subparagraph (A) of section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended-- (1) at the end of clause (ii), by striking ``and''; (2) at the end of clause (iii), by striking the period and inserting ``; and''; and (3) at the end, by adding the following: ``(iv) include multiple measures of student academic achievement, such as the proportion of State report card indicators met, a performance index score, student drop-out rate, and a measure based on individual student achievement gains over time, disaggregated by each of the groups of students described in subparagraph (C)(v).''. (e) Cut Scores.--Clause (ii) of section 1111(b)(1)(D) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)(D)) is amended-- (1) in subclause (II), by striking ``and'' at the end; (2) in subclause (III), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(IV) take into consideration the continuum of achievement by children within the advanced, proficient, and basic levels of achievement described in subclauses (II) and (III) and the yearly progress by children within such continuum.''. (f) No First Score Requirement.--Clause (iv) of section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended-- (1) by striking ``(iv) measures'' and inserting ``(iv)(I) measures''; (2) by inserting ``and'' after ``in paragraph (3);''; and (3) by adding at the end the following: ``(II) if a student takes an assessment described in paragraph (3) for a particular subject or grade level more than once, may use, at the State's discretion, the student's results from subsequent administrations of the assessment;''. (g) Limiting Transfer Options and Supplemental Services to Students From Failing Groups.--Section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) is amended-- (1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and (8)(A)(i) of subsection (b), by striking the term ``all students enrolled in the school'' each place such term appears and inserting ``all students enrolled in the school, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),''; (2) in clause (vii) of subsection (c)(10)(C), by inserting ``, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),'' after ``Authorizing students''; and (3) in subparagraph (A) of subsection (e)(12), by inserting ``, who is a member of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2)'' after ``under section 1113(c)(1)''. (h) Assessments.--Clause (ii) of section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended to read as follows: ``(ii) be aligned with the State's challenging academic content and student academic achievement standards, be aligned with curriculum and instruction to adequately assess the effect of curriculum and instruction on each such challenging academic content standard, include individual test items (based on technical criteria) that enable students to achieve the items if the students received appropriate instruction, and provide coherent information about student attainment of the State's challenging academic content and student academic achievement standards;''. (i) Assessing Students With Disabilities.--Clause (ix) of section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended-- (1) in subclause (II), by striking ``and'' at the end; (2) in subclause (III), by inserting ``and'' at the end; and (3) by adding at the end the following: ``(IV) at the discretion of the State, the assessment of students with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act) whose instructional level in the core academic subjects is below the grade level in which the student is enrolled, by using the State assessment determined by the student's individualized education program team (as described in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to most closely correspond to the student's instructional level;''. (j) Students With Limited English Proficiency.--Paragraph (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended by adding at the end the following: ``(L) Students with limited english proficiency.-- Notwithstanding subparagraph (C)(v), a State may define adequate yearly progress under subparagraph (C) in a manner that measures the progress of students with limited English proficiency-- ``(i) by continuing to include in a group of students described in subparagraph (C)(v) students who attain proficiency in English; and ``(ii) by excluding the performance of students with limited English proficiency who have resided in the United States for less than 3 years, so as to avoid any distortion in measurement resulting from the new arrivals of such students. ''. (k) Separate Starting Points.--Subparagraph (E) of section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended by striking ``, using data for the 2001-2002 school year,'' and inserting ``, for each group of students described in subparagraph (C)(v),''. (l) Minimum Number of Students With Disabilities for Statistically Reliable Information.--The matter following subclause (II) in section 1111(b)(2)(C)(v) is amended by inserting ``, and a State may determine that such number for a group of students with disabilities is greater than for other groups of students described in this clause'' after ``information about any individual student''.

Student Testing Fairness Act of 2003 - Amends the Elementary and Secondary Education Act of 1965 to revise certain requirements regarding student assessments and adequate yearly progress which were added by the No Child Left Behind Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Serving Institutions for Advanced Technology and Education Act''. SEC. 2. PURPOSES. The purposes of the program under this Act are to-- (1) strengthen the ability of eligible institutions to provide capacity for instruction in digital and wireless network technologies; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions. SEC. 3. DEFINITION OF ELIGIBLE INSTITUTION. In this Act, the term ``eligible institution'' means an institution that is-- (1) a historically Black college or university that is a part B institution, as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); (2) a Hispanic-serving institution, as defined in section 502(a) of such Act; (3) a Tribal College or University, as defined in section 316(b) of such Act (20 U.S.C. 1059c(b)); (4) an Alaska Native-serving institution, as defined in section 317(b) of such Act (20 U.S.C. 1059d(b)); (5) a Native Hawaiian-serving institution, as defined in section 317(b) of such Act (20 U.S.C. 1059d(b)); or (6) an institution determined by the Secretary to have enrolled a substantial number of minority, low-income students during the previous academic year who received a Federal Pell Grant for that year. SEC. 3A. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Education. SEC. 4. MINORITY SERVING INSTITUTIONS FOR ADVANCED TECHNOLOGY AND EDUCATION. (a) Grants Authorized.-- (1) In general.--The Secretary is authorized to award grants, on a competitive basis, to eligible institutions to enable the eligible institutions to carry out the activities described in subsection (d). (2) Grant period.--The Secretary may award a grant to an eligible institution under this Act for a period of not more than 5 years. (b) Application and Review Procedure.-- (1) In general.--To be eligible to receive a grant under this Act, an eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. The application shall include-- (A) a program of activities for carrying out 1 or more of the purposes described in section 2; and (B) such other policies, procedures, and assurances as the Secretary may require by regulation. (2) Regulations.--After consultation with appropriate individuals with expertise in technology and education, the Secretary shall establish a procedure by which to accept and review such applications and publish an announcement of such procedure, including a statement regarding the availability of funds, in the Federal Register. (3) Application review criteria.--The application review criteria used by the Secretary for grants under this Act shall include consideration of-- (A) demonstrated need for assistance under this Act; and (B) diversity among the types of eligible institutions receiving assistance under this Act. (c) Matching Requirement.-- (1) In general.--An eligible institution that receives a grant under this Act shall agree that, with respect to the costs to be incurred by the institution in carrying out the program for which the grant is awarded, such institution will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 25 percent of the amount of the grant awarded by the Secretary, or $500,000, whichever is the lesser amount. (2) Waiver.--The Secretary shall waive the matching requirement for any eligible institution with no endowment, or an endowment that has a current dollar value as of the time of the application of less than $50,000,000. (d) Uses of Funds.--An eligible institution shall use a grant awarded under this Act-- (1) to acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure; (2) to develop and provide educational services, including faculty development, related to science, technology, engineering, and mathematics; (3) to provide teacher preparation and professional development, library and media specialist training, and early childhood educator and teacher aide certification or licensure to individuals who seek to acquire or enhance technology skills in order to use technology in the classroom or instructional process to improve student achievement; (4) to form consortia or collaborative projects with a State, State educational agency, local educational agency, community-based organization, national nonprofit organization, or business, including a minority business, to provide education regarding technology in the classroom; (5) to provide professional development in science, technology, engineering, or mathematics to administrators and faculty of eligible institutions with institutional responsibility for technology education; (6) to provide capacity-building technical assistance to eligible institutions through remote technical support, technical assistance workshops, distance learning, new technologies, and other technological applications; and (7) to foster the use of information communications technology to increase scientific, technological, engineering, and mathematical instruction and research. (e) Data Collection.--An eligible institution that receives a grant under this Act shall provide the Secretary with any relevant institutional statistical or demographic data requested by the Secretary. (f) Information Dissemination.--The Secretary shall convene an annual meeting of eligible institutions receiving grants under this Act for the purposes of-- (1) fostering collaboration and capacity-building activities among eligible institutions; and (2) disseminating information and ideas generated by such meetings. (g) Limitation.--An eligible institution that receives a grant under this Act that exceeds $2,500,000 shall not be eligible to receive another grant under this Act until every other eligible institution that has applied for a grant under this Act has received such a grant. SEC. 5. ANNUAL REPORT AND EVALUATION. (a) Annual Report Required From Recipients.--Each eligible institution that receives a grant under this Act shall provide an annual report to the Secretary on the eligible institution's use of the grant. (b) Evaluation by Secretary.--The Secretary shall-- (1) review the reports provided under subsection (a) each year; and (2) evaluate the program authorized under this Act on the basis of those reports every 2 years. (c) Contents of Evaluation.--The Secretary, in the evaluation under subsection (b), shall-- (1) describe the activities undertaken by the eligible institutions that receive grants under this Act; and (2) assess the short-range and long-range impact of activities carried out under the grant on the students, faculty, and staff of the institutions. (d) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit a report on the program supported under this Act to the authorizing committees that shall include such recommendations, including recommendations concerning the continuing need for Federal support of the program, as may be appropriate. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.

Minority Serving Institutions for Advanced Technology and Education Act - Authorizes the Secretary of Education to make competitive grants to eligible institutions for specified activities, including: (1) acquiring equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure; (2) developing and providing educational services, including faculty development, related to science, technology, engineering, and mathematics; (3) providing technology-related training for teachers, library and media specialists, early childhood educators, and teacher aides; and (4) forming technology-related consortia or collaborative projects. Defines "eligible institution" as a historically Black college or university, a Hispanic-serving institution, a Tribal College or University, an Alaska Native-serving institution, a Native Hawaiian-serving institution, or an institution with a substantial number of minority, low-income students who received a federal Pell grant for the previous academic year. Requires the Secretary to convene an annual meeting of grant recipients to foster collaboration and capacity-building activities and to disseminate information and ideas generated by the meetings.

SECTION 1. STATE IMPLEMENTATION PLANS. (a) Submission of Plans.--Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator of the Environmental Protection Agency (referred to in this Act as the ``Administrator''), within one year after the enactment of this Act, a 3-year plan implementation plan to achieve each of the following: (1) Increased recycling by at least 75 percent over the 3- year period. (2) Water source pollution reduction. (3) The restriction of landfill dumping to materials that are not recyclable or combustible. (4) The phasing out of incineration of solid waste within 4 years and 6 months after the enactment of this Act. (b) Procedures.--Each implementation plan submitted by a State under this Act shall be adopted by the State after reasonable notice and public hearing. No such plan may be implemented by the State until approved by the Administrator under this Act. Each such plan shall-- (1) include enforceable limitations and other control measures, means, or techniques, as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act; (2) provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to-- (A) monitor, compile, and analyze data on compliance with this Act; and (B) make such data available to the Administrator; (3) include a program to provide for the enforcement of the measures described in paragraph (1); (4) provide for revision of such plan whenever the Administrator finds on the basis of information available to the Administrator that the plan is inadequate to comply with the requirements established under this Act; and (5) provide for consultation and participation by local political subdivisions affected by the plan. (c) Environmental Protection Agency Action on Plan Submissions.-- (1) Completeness of plan submissions.-- (A) Completeness criteria.--Within 6 months after the date of the enactment of this Act, the Administrator shall promulgate minimum criteria that any plan submission must meet before the Administrator is required to act on such submission under this subsection. The criteria shall be limited to the information necessary to enable the Administrator to determine whether the plan submission complies with the provisions of this Act. (B) Completeness finding.--Within 6 months after the Administrator's receipt of a plan or plan revision under this Act, the Administrator shall determine whether the plan or revision complies with this Act and approve or reject the plan or plan revision. If the plan is approved, the State shall begin implementation immediately. If the plan is rejected, the Environmental Protection Agency will inform the State why the plan was rejected. That State then has 3 months to submit a new plan. (C) Effect of finding of incompleteness.--Where the Administrator determines that any part of a plan submission meets the requirements of this Act and approves such part and disapproves the plan in part, the State shall immediately implement the approved part or parts and submit a revised plan respecting the remaining parts within 3 months after the date of the Administrator's disapproval. (2) Deadline for action.--Within 12 months of a determination by the Administrator (or a determination deemed by operation of law) under paragraph (1) that a State has submitted a plan or plan revision (or, in the Administrator's discretion, part thereof) that meets the minimum criteria established pursuant to paragraph (1), if applicable (or, if those criteria are not applicable, within 12 months of submission of the plan or revision), the Administrator shall act on the submission in accordance with paragraph (3). (3) Full and partial approval and disapproval.--In the case of any submittal on which the Administrator is required to act under paragraph (2), the Administrator shall approve such submittal as a whole if it meets all of the applicable requirements of this Act. If a portion of the plan revision meets all the applicable requirements of this Act, the Administrator may approve the plan revision in part and disapprove the plan revision in part. The plan revision shall not be treated as meeting the requirements of this Act until the Administrator approves the entire plan revision as complying with the applicable requirements of this Act. (4) Conditional approval.--The Administrator may approve a plan revision based on a commitment of the State to adopt specific enforceable measures by a date certain, but not later than 1 year after the date of approval of the plan revision. Any such conditional approval shall be treated as a disapproval if the State fails to comply with such commitment. (5) Calls for plan revisions.--Whenever the Administrator finds that the applicable implementation plan for any area is substantially inadequate to comply with any requirement of this Act, the Administrator shall require the State to revise the plan as necessary to correct such inadequacies. The Administrator shall notify the State of the inadequacies, and may establish reasonable deadlines (not to exceed 6 months after the date of such notice) for the submission of such plan revisions. Such findings and notice shall be public. (6) Corrections.--Whenever the Administrator determines that the Administrator's action approving, disapproving, or promulgating any plan or plan revision (or part thereof) was in error, the Administrator may in the same manner as the approval, disapproval, or promulgation revise such action as appropriate without requiring any further submission from the State. Such determination and the basis thereof shall be provided to the State and public. (d) Plan Revisions.--Each revision to an implementation plan submitted by a State under this Act shall be adopted by such State after reasonable notice and public hearing. The Administrator shall not approve a revision of a plan if the revision would not comply with any applicable requirement of this Act. (e) Sanctions.--The Administrator may apply any of the sanctions listed in section 2 whenever the Administrator makes a finding, disapproval, or determination under section 2(a) in relation to any plan. (f) Federal Implementation Plans.--The Administrator shall promulgate a Federal implementation plan at any time within 2 years after the Administrator-- (1) finds that a State has failed to make a required submission or finds that the plan or plan revision submitted by the State does not satisfy the minimum criteria established under this Act; or (2) disapproves a State implementation plan submission in whole or in part, unless the State corrects the deficiency, and the Administrator approves the plan or plan revision, before the Administrator promulgates such Federal implementation plan. SEC. 2. SANCTIONS. (a) State Failure.--For any implementation plan or plan revision required under this part or required in response to a finding of substantial inadequacy as described in section 1, if the Administrator-- (1) finds that a State has failed to submit a plan, or to submit 1 or more of the elements (as determined by the Administrator) required by the provisions of this Act; (2) disapproves in whole or in part a plan submission under section 1; and (3) finds that any requirement of an approved plan (or approved part of a plan) is not being implemented, unless such deficiency has been corrected within 18 months after the finding, disapproval, or determination referred to in paragraphs (1), (2), and (3), the sanctions referred to in subsection (b) shall apply until the Administrator determines that the State has come into compliance. (b) Sanctions.--(1) The Administrator may impose a prohibition, applicable to a State, on the approval by the Secretary of Transportation of any projects or the awarding by the Secretary of any grants, under title 23, United States Code, other than projects or grants for safety where the Secretary determines, based on accident or other appropriate data submitted by the State, that the principal purpose of the project is an improvement in safety to resolve a demonstrated safety problem and likely will result in a significant reduction in, or avoidance of, accidents. Such prohibition shall become effective upon the selection by the Administrator of this sanction. (2) In addition to safety, projects or grants that may be approved by the Secretary, notwithstanding the prohibition in paragraph (1), are the following-- (A) capital programs for public transit; (B) construction or restriction of certain roads or lanes solely for the use of passenger buses or high occupancy vehicles; (C) highway ramp metering, traffic signalization, and related programs that improve traffic flow; (D) fringe and transportation corridor parking facilities serving multiple occupancy vehicle programs or transit operations; (E) programs to limit or restrict vehicle use in downtown areas or other areas of emission concentration particularly during periods of peak use, through road use charges, tolls, parking surcharges, or other pricing mechanisms, vehicle restricted zones or periods, or vehicle registration programs; and (F) programs for breakdown and accident scene management, nonrecurring congestion, and vehicle information systems, to reduce congestion. SEC. 3. INCENTIVES. (a) Grant Program.--The Administrator is authorized to make grants to each State that phases out the incineration of solid waste prior to the deadline established under this Act. Such grants are to be used for the purpose of finding alternative, environmental friendly means of sold waste disposal. The Administrator may make grants under this subsection in the amount of-- (1) $60,000,000 to States that phase out the incineration of solid waste within 1 year after the enactment of this Act; (2) $40,000,000 to States that phase out the incineration of solid waste within 2 years after the enactment of this Act; and (3) $25,000,000 to States that phase out the incineration of solid waste within 3 years after the enactment of this Act (b) Interstate Waste Authority.--On the date that a State phases out the incineration of solid waste, such State shall have the authority to limit or restrict the importation of solid waste in such State.

Authorizes the Administrator to impose a prohibition on the approval by the Secretary of Transportation of certain highway projects or awarding of highway grants applicable to a State that fails to submit a plan, has a plan submission disapproved, or fails to implement a requirement of an approved plan. Permits the Administrator to make grants to each State that phases out the incineration of solid waste prior to the deadline established under this Act. Requires such grants to be used for purposes of finding alternative, environmentally friendly means of solid waste disposal. Grants a State the authority to limit or restrict the importation of solid waste on the date the State phases out solid waste incineration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Detectives Nemorin and Andrews Anti- Gun Trafficking Act of 2008''. SEC. 2. ILLEGAL GUN TRAFFICKING. Section 924 of title 18, United States Code, is amended by adding at the end the following: ``(q) Whoever, in or affecting interstate or foreign commerce in violation of subsection (a)(1)(A), (a)(3), (a)(6), (b)(2), (b)(3), (b)(5), (d), (g), (i), (j), (k), (m), or (n) of section 922 or subsection (c) or (h) of this section-- ``(1) offers for sale, transfer, or barter 2 or more firearms, at least 2 of which are handguns, semiautomatic assault weapons, short-barreled shotguns, short-barreled rifles, or machineguns; and ``(2) at least 1 of the firearms-- ``(A) is transported, received, or possessed by the person, and-- ``(i) is stolen; or ``(ii) has had the importer's or manufacturer's serial number removed, obliterated, or altered; or ``(B) is offered by the person for sale, transfer, or barter to another person who-- ``(i) is prohibited from possessing a firearm under subsection (g) or (n) of section 922; ``(ii) is prohibited by State law from possessing a firearm; ``(iii) has not attained 18 years of age, except as otherwise allowed under Federal or State law; ``(iv) is in a school zone; or ``(v) has travelled from any State into any other State, and acquires or attempts to acquire the firearm otherwise in violation of Federal or State law, shall be fined under this title, imprisoned not more than 20 years, or both.''. SEC. 3. EXPANSION OF PROJECT SAFE NEIGHBORHOODS. Section 104 of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273) is amended-- (1) in subsection (a), by inserting ``, illegal gun trafficking,'' after ``violence'' ; and (2) in subsection (b), by striking ``2002'' and inserting ``2008''. SEC. 4. REPORT TO THE CONGRESS. Beginning in calendar year 2008, the Attorney General shall submit biennially to the Congress a written report, covering the preceding 2 years, which specifies-- (1) the State of origin for each firearm, used in a crime, that was traced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the State in which the firearm was recovered; (2) the total number of firearms so traced, by manufacturer, model, and type of firearm; (3) the name of Federal firearms licensees who have had more than 5 firearms, used in a crime, traced back to them in a single year; and (4) the number of prosecutions for each individual offense under sections 922, 923, and 924 of title 18, United States Code. SEC. 5. ADDITIONAL PENALTY FOR POSSESSION OF A STOLEN FIREARM DURING THE COMMISSION OF A FELONY. Section 924 of title 18, United States Code, as amended by section 2 of this Act, is amended by adding at the end the following: ``(r) Whoever, during and in relation to the commission of a crime punishable by imprisonment for a term exceeding 1 year, receives, possesses, conceals, barters, sells, or disposes of any stolen firearm or stolen ammunition, in or affecting interstate or foreign commerce, whether or not the person is aware that the firearm or ammunition is stolen, shall, in addition to the punishment provided for the crime so punishable, be sentenced to a term of imprisonment of not more than 5 years.''. SEC. 6. NATIONAL CRIME INFORMATION CENTER STOLEN GUN FILE. (a) Availability.--The Federal Bureau of Investigation shall make available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives the National Crime Information Center Gun File for the purpose of enabling the Bureau of Alcohol, Tobacco, Firearms, and Explosives to access the file while completing a crime gun trace. (b) Use.--The Bureau of Alcohol, Tobacco, Firearms, and Explosives shall conduct a search of the National Crime Information Center Stolen Gun File with respect to each firearm submitted to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for tracing. (c) Notification Regarding Stolen Firearms.--If a law enforcement agency requests the Bureau of Alcohol, Tobacco, Firearms, and Explosives to trace a firearm, and the National Crime Information Center Stolen Gun File indicates that the firearm is stolen, then the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall notify the law enforcement agency of that information and provide the law enforcement agency with any available information regarding the owner of the firearm. (d) Return of Stolen Firearms Possessed by BATFE.--If the Bureau of Alcohol, Tobacco, Firearms, and Explosives possesses a firearm which the National Crime Information Center Stolen Gun File indicates is stolen, the Bureau shall return the firearm to the person who reported the firearm stolen, when the Bureau determines that-- (1) the firearm is no longer needed for Federal, State, or local criminal investigation or evidentiary purposes; and (2) the person is entitled to possess the firearm. (e) National Instant Stolen Gun Check System.-- (1) Establishment.--Within 2 years after the date of the enactment of this Act, the Attorney General shall establish a national instant stolen gun check system that any licensee may contact, by telephone or other electronic means, for information to be supplied immediately on whether a firearm to be received by the licensee is stolen. (2) Instant check of status of firearms to be transferred to certain federal firearms licensees by non-licensees.--If the national instant stolen gun check system is contacted by a licensee for information on whether a firearm to be received by the licensee is stolen, the system shall, as soon as is practicable-- (A) conduct a search of the National Crime Information Center Stolen Gun File for information about the firearm; and (B) inform the licensee whether the information available to the system indicates that the firearm is stolen. (3) Notification of licensees.--On establishment of the national instant stolen gun check system under this subsection, the Attorney General shall notify each licensee and the chief law enforement officer of each State of the existence and purpose of the system and the means to be used to contact the system. (4) Permanent retention of records.--The national instant stolen gun check system shall create and maintain permanently a record of each contact of the system, and all information provided to or by the system during the contact. (5) Definitions.--In this section: (A) Licensee.--The term ``licensee'' means a licensed dealer (as defined in section 921(a)(11) of title 18, United States Code), licensed importer (as defined in section 921(a)(9) of such title), or licensed manufacturer (as defined in section 921(a)(10) of such title). (B) Firearm.--The term ``firearm'' has the meaning given in section 921(a)(3) of title 18, United States Code. (f) Federal Firearms Licensee Required To Contact National Instant Stolen Gun Check System Before Receiving Firearm From Non-Licensee.-- (1) In general.--Section 922(s) of title 18, United States Code, is amended to read as follows: ``(s)(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 6(e)(3) of the Detectives Nemorin and Andrews Anti-Gun Trafficking Act of 2008 that the national instant stolen gun check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not receive a firearm from any person who is not licensed under this chapter, unless-- ``(A) the licensee has verified the identity of the person by examining a valid identification document (as defined in section 1028(d) of this title) of the person that satisfies the requirements of section 202 of the REAL ID Act of 2005; ``(B) the licensee has contacted the national instant stolen gun check system established under subsection (e) of such section 6, and provided the system with-- ``(i) the name and address of the person; ``(ii) a description of the identification document referred to in subparagraph (A) of this paragraph, including the number appearing on the document; and ``(iii) the name of the manufacturer, and the caliber and serial number, of the firearm; and ``(C)(i) the system has provided the licensee with a unique identification number; or ``(ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the firearm is stolen. ``(2) If the system determines that the information available to the system does not indicate that the firearm is stolen, the system shall-- ``(A) assign a unique identification number to the transaction; and ``(B) provide the licensee with the number. ``(3) If the system notifies the licensee that the information available to the system indicates that the firearm is stolen, the licensee shall contact the Bureau of Alcohol, Tobacco, Firearms, and Explosives or another law enforcement agency having jurisdiction over possession of stolen firearms in the dealer's location and shall comply with the instructions of any such agency concerning the disposition of the firearm, the gathering of information relating to the offeror of the firearm, and other assistance in the removal of the firearm from the stream of commerce. ``(4) If the licensee knowingly receives the firearm from the person and knowingly fails to comply with paragraph (1) with respect to the receipt and, at the time of the receipt, the system was operating and information was available to the system indicating that the firearm was stolen, the Attorney General may, after notice and opportunity for a hearing, suspend for not more than 6 months or revoke any license issued to the licensee under section 923, and may impose on the licensee a civil fine of not more than $5,000. ``(5)(A) This subsection shall not be interpreted to limit any exercise of authority under subsection (d)(1)(C) or (e) of section 923. ``(B) In the event of a conflict between the provisions of this subsection and a rule or regulation issued under section 923(j), the provisions of this subsection shall control.''. (2) Recordkeeping requirement.--Section 923(g)(1)(A) of such title is amended by inserting after the 1st sentence the following: ``In the case of the receipt of a firearm pursuant to section 922(s), in addition to the requirements of such regulations, the importer, manufacturer, or dealer shall retain a record of the information described in section 922(s)(1)(B), a copy of the identification document referred to in section 922(s)(1)(A), and a record of the unique identification number provided to the licensee pursuant to section 922(s)(1)(C), with respect to the transaction.''. SEC. 7. ADDITIONAL PENALTY FOR POSSESSION OF A FIREARM WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION OF A FELONY. Section 924 of title 18, United States Code, as amended by sections 2 and 5 of this Act, is amended by adding at the end the following: ``(s) Whoever, during and in relation to the commission of a crime punishable by imprisonment for a term exceeding 1 year, transports, possesses, or receives, in or affecting interstate or foreign commerce, a firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered, regardless of whether or not the person is aware of the removal, obliteration, or alteration, shall, in addition to the punishment provided for the crime so punishable, be sentenced to a term of imprisonment of not more than 5 years.''. SEC. 8. ENHANCED PENALTIES FOR THE USE OF A STOLEN FIREARM OR A FIREARM WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION OF A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME. Section 924(c)(1)(A) of title 18, United States Code, is amended-- (1) in clause (i), by inserting ``, or if the firearm was stolen or had the manufacturer's serial number removed, obliterated, or altered, not less than 7 years'' after ``years''; (2) in clause (ii), by inserting ``, or if the firearm was stolen or had the manufacturer's serial number removed, obliterated, or altered, not less than 9 years'' after ``years''; and (3) in clause (iii), by inserting ``, or if the firearm was stolen or had the manufacturer's serial number removed, obliterated, or altered, not less than 12 years'' after ``years''.

Detectives Nemorin and Andrews Anti-Gun Trafficking Act of 2008 - Amends the federal criminal code to: (1) impose a fine and/or prison term of up to 20 years for the sale, transfer, or barter of a stolen firearm or a firearm with an altered serial number or for the sale of such firearms to persons prohibited from possessing them; (2) impose an additional five-year prison term for possession of a stolen or altered firearm during the commission of a felony; (3) require licensed firearms importers, manufacturers, or dealers to contact the national instant stolen gun check system before receiving firearms from any unlicensed person; and (4) increase criminal penalties for the use of a stolen or altered firearm during the commission of a crime of violence or drug trafficking crime. Amends the 21st Century Department of Justice Appropriations Authorization Act to: (1) include illegal gun trafficking in Department of Justice (DOJ) programs to combat violations of federal firearms laws; and (2) authorize appropriations for FY2008 to hire additional assistant U.S. attorneys. Directs the Federal Bureau of Investigation (FBI) to make the National Crime Information Center Gun File available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to complete crime gun traces. Requires the ATF to: (1) notify law enforcement agencies of information relating to stolen firearms; and (2) return stolen firearms to persons who reported them as stolen. Requires the Attorney General to establish a national instant stolen gun check system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Learning Assessment for Students and Schools (CLASS) Act''. SEC. 2. AMENDMENTS REGARDING ADEQUATE YEARLY PROGRESS AND ASSESSMENTS. (a) Continuous Growth Models.--Clause (iii) of section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended by striking ``for all students'' and inserting ``for all students, as demonstrated by measures of students' progress toward proficiency, including longitudinal growth''. (b) Averaging Procedure.--Subparagraph (J) of section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended by adding at the end the following: ``(iv) The State may average data by other means that are designed to increase the stability of school-building results from year to year.''. (c) Adequate Yearly Progress by Group and Subject.--Section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) is amended-- (1) in subparagraph (A) of paragraph (1), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``that fails, for 2 consecutive years,''; (2) in paragraph (5), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``that fails to make adequate yearly progress,''; (3) in subparagraph (C) of paragraph (7), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``that fails to make adequate yearly progress,''; and (4) in subparagraph (A) of paragraph (8), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``continues to fail to make adequate yearly progress,''. (d) Multiple Measures.--Subparagraph (A) of section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended-- (1) at the end of clause (ii), by striking ``and''; (2) at the end of clause (iii), by striking the period and inserting ``; and''; and (3) at the end, by adding the following: ``(iv) include multiple measures of student academic achievement, such as the proportion of State report card indicators met, a performance index score, student drop-out rate, and a measure based on individual student achievement gains over time, disaggregated by each of the groups of students described in subparagraph (C)(v).''. (e) Cut Scores.--Clause (ii) of section 1111(b)(1)(D) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)(D)) is amended-- (1) in subclause (II), by striking ``and'' at the end; (2) in subclause (III), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(IV) take into consideration the continuum of achievement by children within the advanced, proficient, and basic levels of achievement described in subclauses (II) and (III) and the yearly progress by children within such continuum.''. (f) No First Score Requirement.--Clause (iv) of section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended-- (1) by striking ``(iv) measures'' and inserting ``(iv)(I) measures''; (2) by inserting ``and'' after ``in paragraph (3);''; and (3) by adding at the end the following: ``(II) if a student takes an assessment described in paragraph (3) for a particular subject or grade level more than once, may use, at the State's discretion, the student's results from subsequent administrations of the assessment;''. (g) Limiting Transfer Options and Supplemental Services to Students From Failing Groups.--Section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) is amended-- (1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and (8)(A)(i) of subsection (b), by striking the term ``all students enrolled in the school'' each place such term appears and inserting ``all students enrolled in the school, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),''; (2) in clause (vii) of subsection (c)(10)(C), by inserting ``, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),'' after ``Authorizing students''; and (3) in subparagraph (A) of subsection (e)(12), by inserting ``, who is a member of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2)'' after ``under section 1113(c)(1)''. (h) Assessments.--Clause (ii) of section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended to read as follows: ``(ii) be aligned with the State's challenging academic content and student academic achievement standards, be aligned with curriculum and instruction to adequately assess the effect of curriculum and instruction on each such challenging academic content standard, include individual test items (based on technical criteria) that enable students to achieve the items if the students received appropriate instruction, and provide coherent information about student attainment of the State's challenging academic content and student academic achievement standards;''. (i) Assessing Students With Disabilities.--Clause (ix) of section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended-- (1) in subclause (II), by striking ``and'' at the end; (2) in subclause (III), by inserting ``and'' at the end; and (3) by adding at the end the following: ``(IV) at the discretion of the State, the assessment of students with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act) whose instructional level in the core academic subjects is below the grade level in which the student is enrolled, by using the State assessment determined by the student's individualized education program team (as described in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to most closely correspond to the student's instructional level;''. (j) Students With Limited English Proficiency.--Paragraph (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended by adding at the end the following: ``(L) Students with limited english proficiency.-- Notwithstanding subparagraph (C)(v), a State may define adequate yearly progress under subparagraph (C) in a manner that measures the progress of students with limited English proficiency-- ``(i) by continuing to include in a group of students described in subparagraph (C)(v) students who attain proficiency in English; and ``(ii) by excluding the performance of students with limited English proficiency who have resided in the United States for less than 3 years, so as to avoid any distortion in measurement resulting from the new arrivals of such students.''. (k) Separate Starting Points.--Subparagraph (E) of section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended by striking ``, using data for the 2001-2002 school year,'' and inserting ``, for each group of students described in subparagraph (C)(v),''. (l) Minimum Number of Students With Disabilities for Statistically Reliable Information.--The matter following subclause (II) in section 1111(b)(2)(C)(v) is amended by inserting ``, and a State may determine that such number for a group of students with disabilities is greater than for other groups of students described in this clause'' after ``information about any individual student''.

Comprehensive Learning Assessment for Students and Schools (CLASS) Act - Amends the Elementary and Secondary Education Act of 1965 to revise certain requirements regarding student assessments and adequate yearly progress which were added by the No Child Left Behind Act of 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surface Transportation Extension Act of 2005, Part III''. SEC. 2. ADMINISTRATIVE EXPENSES FOR FEDERAL-AID HIGHWAY PROGRAM. (a) Authorization of Contract Authority.--Section 4(a) of the Surface Transportation Extension Act of 2004, Part V (118 Stat. 1147, 119 Stat. 325) is amended by striking ``highway program'' and all that follows through ``2005'' and inserting ``highway program $289,518,000 for fiscal year 2005''. (b) Limitation on Obligations.--Notwithstanding any other provision of law, the obligations for administrative expenses for Federal-aid highway and highway safety construction programs provided by the amendment made by subsection (a) shall be $3,000,000 for the period beginning July 19, 2005, and ending July 21, 2005. (c) Conforming Amendment.--Section 2(e)(3) of such Act (118 Stat. 1146, 119 stat. 325) is amended by striking ``July 19'' and inserting ``July 21''. SEC. 3. ADMINISTRATIVE EXPENSES FOR NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION. (a) In General.--There shall be available from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to pay the administrative expenses of the National Highway Traffic Administration in carrying out the highway safety programs authorized by sections 157 and 163 of chapter 1 of title 23, United States Code, and sections 402, 403, 405, and 410 of chapter 4 of such title, the National Driver Register under chapter 303 of title 49, United States Code, the motor vehicle safety program under chapter 301 of such title 49, and the motor vehicle information and cost savings program under part C of subtitle VI of such title 49 $550,000 for the period of July 20, 2005, through July 21, 2005. (b) Contract Authority.--Funds made available by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall remain available until expended. SEC. 4. ADMINISTRATIVE EXPENSES FOR MOTOR CARRIER SAFETY ADMINISTRATION PROGRAM. Section 7(a)(1) of the Surface Transportation Extension Act of 2004, Part V (118 Stat. 1153; 119 Stat. 330) is amended-- (1) by striking ``$206,037,600'' and inserting ``$206,737,600''; and (2) by striking ``July 19'' and inserting ``July 21''. SEC. 5. ADMINISTRATIVE EXPENSES FOR FEDERAL TRANSIT PROGRAMS. (a) Authorization of Appropriations.--Section 5338(f)(2) of title 49, United States Code, is amended-- (1) in the heading by striking ``july 19'' and inserting ``july 21''; (2) in subparagraph (A)(vii)-- (A) by striking ``$52,000,000'' and inserting ``$52,440,000''; and (B) by striking ``July 19'' and inserting ``July 21''; and (3) in subparagraph (B)(vii) by striking ``July 19'' and inserting ``July 21''. (b) Obligation Ceiling.--Section 3040(7) of the Transportation Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 885; 118 Stat. 1158; 119 Stat. 333) is amended-- (1) by striking ``$6,166,400,000'' and inserting ``$6,166,844,000''; and (2) by striking ``July 19'' and inserting ``July 21''. SEC. 6. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR OBLIGATIONS UNDER TEA-21. (a) Highway Trust Fund.-- (1) In general.--Paragraph (1) of section 9503(c) of the Internal Revenue Code of 1986 is amended-- (A) in the matter before subparagraph (A), by striking ``July 20, 2005'' and inserting ``July 22, 2005'', (B) by striking ``or'' at the end of subparagraph (L), (C) by striking the period at the end of subparagraph (M) and inserting ``, or'', (D) by inserting after subparagraph (M) the following new subparagraph: ``(N) authorized to be paid out of the Highway Trust Fund under the Surface Transportation Extension Act of 2005, Part III.'', and (E) in the matter after subparagraph (N), as added by this paragraph, by striking ``Surface Transportation Extension Act of 2005, Part II'' and inserting ``Surface Transportation Extension Act of 2005, Part III''. (2) Mass transit account.--Paragraph (3) of section 9503(e) of such Code is amended-- (A) in the matter before subparagraph (A), by striking ``July 20, 2005'' and inserting ``July 22, 2005'', (B) in subparagraph (J), by striking ``or'' at the end of such subparagraph, (C) in subparagraph (K), by inserting ``or'' at the end of such subparagraph, (D) by inserting after subparagraph (K) the following new subparagraph: ``(L) the Surface Transportation Extension Act of 2005, Part III,'', and (E) in the matter after subparagraph (L), as added by this paragraph, by striking ``Surface Transportation Extension Act of 2005, Part II'' and inserting ``Surface Transportation Extension Act of 2005, Part III''. (3) Exception to limitation on transfers.--Subparagraph (B) of section 9503(b)(6) of such Code is amended by striking ``July 20, 2005'' and inserting ``July 22, 2005''. (b) Aquatic Resources Trust Fund.-- (1) Sport fish restoration account.--Paragraph (2) of section 9504(b) of the Internal Revenue Code of 1986 is amended by striking ``Surface Transportation Extension Act of 2005, Part II'' each place it appears and inserting ``Surface Transportation Extension Act of 2005, Part III''. (2) Boat safety account.--Subsection (c) of section 9504 of such Code is amended-- (A) by striking ``July 20, 2005'' and inserting ``July 22, 2005'', and (B) by striking ``Surface Transportation Extension Act of 2005, Part II'' and inserting ``Surface Transportation Extension Act of 2005, Part III''. (3) Exception to limitation on transfers.--Paragraph (2) of section 9504(d) of such Code is amended by striking ``July 20, 2005'' and inserting ``July 22, 2005''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. (d) Temporary Rule Regarding Adjustments.--During the period beginning on the date of the enactment of the Surface Transportation Extension Act of 2003 and ending on July 21, 2005, for purposes of making any estimate under section 9503(d) of the Internal Revenue Code of 1986 of receipts of the Highway Trust Fund, the Secretary of the Treasury shall treat-- (1) each expiring provision of paragraphs (1) through (4) of section 9503(b) of such Code which is related to appropriations or transfers to such Fund to have been extended through the end of the 24-month period referred to in section 9503(d)(1)(B) of such Code, and (2) with respect to each tax imposed under the sections referred to in section 9503(b)(1) of such Code, the rate of such tax during the 24-month period referred to in section 9503(d)(1)(B) of such Code to be the same as the rate of such tax as in effect on the date of the enactment of the Surface Transportation Extension Act of 2003.

Surface Transportation Extension Act of 2005, Part III - Extends the authorization of appropriations from the Highway Trust Fund (HTF) for administrative expenses for federal highway, highway safety, motor carrier safety, and transit programs through July 21, 2005. Prohibits, after July 21, 2005, the obligation of funds for any federal-aid highway program project until enactment of a multi-year law reauthorizing the federal-aid highway program. Amends the Internal Revenue Code to authorize until July 22, 2005, expenditures for obligations under the Transportation Equity Act for the 21st Century (TEA-21) from: (1) the HTF; (2) the Mass Transit Account; and (3) the Aquatic Resources Trust Fund.

SECTION 1. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS. Section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the following: ``(D) Indian veterans housing rental assistance program.-- ``(i) Definitions.--In this subparagraph: ``(I) Indian.--The term `Indian' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(II) Indian area.--The term `Indian area' has the meaning given the term in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103). ``(III) 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). ``(ii) Authorization of program.--The Secretary may use not more than 5 percent of the amounts made available for rental assistance under this subsection to carry out a rental assistance and supportive housing program, in conjunction with the Secretary of Veterans Affairs, for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near an Indian area. ``(iii) Model.--The program described in clause (ii) shall be modeled on the rental assistance and supportive housing program authorized under this section and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs, except that the Secretary may make necessary and appropriate modifications to facilitate the use of the program by Indian grant recipients to serve eligible Indian veterans. ``(iv) Eligible recipients.--Amounts for rental assistance and associated administrative costs under clause (ii) shall be made available to recipients eligible to receive grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111). ``(v) Funding criteria.--Rental assistance under clause (ii) shall be awarded based on-- ``(I) need; ``(II) administrative capacity; and ``(III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. ``(vi) Administration.--Rental assistance made available under clause (ii) shall be administered in accordance with the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.), except that grantees shall-- ``(I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the program; and ``(II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the program in serving eligible veterans. ``(vii) Consultation.--The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with recipients of grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111) and any other appropriate tribal organization on the design of the program to ensure the effective delivery of rental assistance and supportive services to persons eligible to receive assistance under this subparagraph. ``(viii) Waiver.-- ``(I) In general.--Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under this subparagraph if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance made available under this subparagraph to Indian veterans. ``(II) Exception.--The Secretary shall not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment.''.

Amends the United States Housing Act of 1937 to authorize the Secretary of Housing and Urban Development (HUD) to carry out a rental assistance and supportive housing program, in conjunction with the Secretary of Veterans Affairs (VA), for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian areas. Requires rental assistance under such program to be: (1) made available to recipients eligible for housing assistance block grants under the Native American Housing Assistance and Self-Determination Act of 1996; and (2) awarded based on need, administrative capacity, and any other funding criteria established by the HUD Secretary in a notice published in the Federal Register after consulting with the VA Secretary.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Real Property Disposal Enhancement Act of 2009''. SEC. 2. DUTIES OF THE GENERAL SERVICES ADMINISTRATION AND EXECUTIVE AGENCIES. (a) In General.--Section 524 of title 40, United States Code, is amended to read as follows: ``Sec. 524. Duties of the General Services Administration and executive agencies ``(a) Duties of the General Services Administration.-- ``(1) Guidance.--The Administrator shall issue guidance for the development and implementation of agency real property plans. Such guidance shall include recommendations on-- ``(A) how to identify excess properties; ``(B) how to evaluate the costs and benefits involved with disposing of real property; ``(C) how to prioritize disposal decisions based on agency missions and anticipated future need for holdings; and ``(D) how best to dispose of those properties identified as excess to the needs of the agency. ``(2) Annual report.--(A) The Administrator shall submit an annual report, for each of the first 5 years after 2009, to the congressional committees listed in subparagraph (C) based on data submitted from all executive agencies, detailing executive agency efforts to reduce their real property assets and the additional information described in subparagraph (B). ``(B) The report shall contain the following information for the year covered by the report: ``(i) The aggregated estimated market value and number of real property assets under the custody and control of all executive agencies, set forth government-wide and by agency, and for each at the constructed asset level and at the facility/ installation level. ``(ii) The aggregated estimated market value and number of surplus real property assets under the custody and control of all executive agencies, set forth government-wide and by agency, and for each at the constructed asset level and at the facility/ installation level. ``(iii)(I) The aggregated cost for maintaining all surplus real property under the custody and control of all executive agencies, set forth government-wide and by agency, and for each at the constructed asset level and at the facility/installation level. ``(II) For purposes of subclause (I), costs for real properties owned by the Federal Government shall include recurring maintenance and repair costs, utilities, cleaning and janitorial costs, and roads and grounds expenses. ``(III) For purposes of subclause (I), costs for real properties leased by the Federal Government shall include lease costs, including base and operating rent and any other relevant costs listed in subclause (II) not covered in the lease contract. ``(iv) The aggregated estimated deferred maintenance costs of all real property under the custody and control of all executive agencies, set forth government-wide and by agency, and for each at the constructed asset level and at the facility/ installation level. ``(v) For each surplus real property facility/ installation disposed of, an indication of-- ``(I) its geographic location with address and description; ``(II) its size, including square footage and acreage; ``(III) the date and method of disposal; and ``(IV) its estimated market value. ``(vi) Such other information as the Administrator considers appropriate. ``(C) The congressional committees listed in this subparagraph are as follows: ``(i) The Committee on Oversight and Government Reform and the Committee on Transportation and Infrastructure of the House of Representatives. ``(ii) The Committee on Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate. ``(3) Assistance.--The Administrator shall assist executive agencies in the identification and disposal of excess real property. ``(b) Duties of Executive Agencies.-- ``(1) In general.--Each executive agency shall-- ``(A) maintain adequate inventory controls and accountability systems for property under its control; ``(B) continuously survey property under its control to identify excess property; ``(C) promptly report excess property to the Administrator; ``(D) perform the care and handling of excess property; and ``(E) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator. ``(2) Specific requirements with respect to real property.--With respect to real property, each executive agency shall-- ``(A) develop and implement a real property plan in order to identify properties to declare as excess using the guidance issued under subsection (a)(1); ``(B) identify and categorize all real property owned, leased, or otherwise managed by the agency; ``(C) establish adequate goals and incentives that lead the agency to reduce excess real property in its inventory; ``(D) when appropriate, use the authorities in section 572(a)(2)(B) of this title in order to identify and prepare real property to be reported as excess. ``(3) Additional requirements.--Each executive agency, as far as practicable, shall-- ``(A) reassign property to another activity within the agency when the property is no longer required for the purposes of the appropriation used to make the purchase; ``(B) transfer excess property under its control to other Federal agencies and to organizations specified in section 321(c)(2) of this title; and ``(C) obtain excess properties from other Federal agencies to meet mission needs before acquiring non- Federal property.''. (b) Clerical Amendment.--The item relating to section 524 in the table of sections at the beginning of chapter 5 of such title is amended to read as follows: ``524. Duties of the General Services Administration and executive agencies.''. SEC. 3. ENHANCED AUTHORITIES WITH REGARD TO PREPARING PROPERTIES TO BE REPORTED AS EXCESS. Section 572(a)(2) of title 40, United States Code, is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) Additional authority.--(i) From the fund described in paragraph (1), subject to clause (iv), the Administrator may obligate an amount to pay the direct and indirect costs related to identifying and preparing properties to be reported excess by another agency. ``(ii) The General Services Administration shall be reimbursed from the proceeds of the sale of such properties for such costs. ``(iii) Net proceeds shall be dispersed pursuant to section 571 of this title. ``(iv) The authority under clause (i) to obligate funds to prepare properties to be reported excess does not include the authority to convey such properties by use, sale, lease, exchange, or otherwise, including through leaseback arrangements or service agreements. ``(v) Nothing in this subparagraph is intended to affect subparagraph (D).''. SEC. 4. ENHANCED AUTHORITIES WITH REGARD TO REVERTED REAL PROPERTY. (a) Authority To Pay Expenses Related to Reverted Real Property.-- Section 572(a)(2)(A) of title 40, United States Code, is amended by adding at the end the following: ``(iv) The direct and indirect costs associated with the reversion, custody, and disposal of reverted real property.''. (b) Requirements Related to Sales of Reverted Property Under Section 550.--Section 550(b)(1) of title 40, United States Code, is amended-- (1) by inserting ``(A)'' after ``(1) In general.--''; and (2) by adding at the end the following: ``If the official, in consultation with the Administrator, recommends reversion of the property, the Administrator shall take control of such property, and, subject to subparagraph (B), sell it at or above appraised fair market value for cash and not by lease, exchange, leaseback arrangements, or service agreements. ``(B) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 553 and 554 of this title.''. (c) Requirements Related to Sales of Reverted Property Under Section 553.--Section 553(e) of title 40, United States Code, is amended-- (1) by inserting ``(1)'' after ``This Section.--''; and (2) by adding at the end the following: ``If the Administrator determines that reversion of the property is necessary to enforce compliance with the terms of the conveyance, the Administrator shall take control of such property and, subject to paragraph (2), sell it at or above appraised fair market value for cash and not by lease, exchange, leaseback arrangements, or service agreements. ``(2) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 550 and 554 of this title.''. (d) Requirements Related to Sales of Reverted Property Under Section 554.--Section 554(f) of title 40, United States Code, is amended-- (1) by inserting ``(1)'' after ``This Section.--''; and (2) by adding at the end the following: ``If the Secretary, in consultation with the Administrator, recommends reversion of the property, the Administrator shall take control of such property and, subject to paragraph (2), sell it at or above appraised fair market value for cash and not by lease, exchange, leaseback arrangements, or service agreements. ``(b) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 550 and 553 of this title.''. SEC. 5. AGENCY RETENTION OF PROCEEDS. The text of section 571 of title 40, United States Code, is amended to read as follows: ``(a) Proceeds From Transfer or Sale of Real Property.--Net proceeds described in subsection (d) shall be deposited into the appropriate real property account of the agency that had custody and accountability for the real property at the time the real property is determined to be excess. Such funds shall be expended only as authorized in annual appropriations Acts and only for activities as described in section 524(b) of this title and disposal activities, including paying costs incurred by the General Services Administration for any disposal-related activity authorized by this title. Proceeds may also be expended by the agency for maintenance and repairs of the agency's real property necessary for its disposal or for the repair or alteration of the agency's other real property, provided that proceeds shall not be authorized for expenditure in an appropriations Act for any repair or alteration project that is subject to the requirements of section 3307 of this title without a prospectus submitted by the General Services Administration and approved by the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. ``(b) Effect on Other Sections.--Nothing in this section is intended to affect section 572(b), 573, or 574 of this title. ``(c) Disposal Agency for Reverted Property.--For the purposes of this section, for any real property that reverts to the United States under sections 550, 553, and 554 of this title, the General Services Administration, as the disposal agency, shall be treated as the agency with custody and accountability for the real property at the time the real property is determined to be excess. ``(d) Net Proceeds.--The net proceeds referred to in subsection (a) are proceeds under this chapter, less expenses of the transfer or disposition as provided in section 572(a) of this title, from a-- ``(1) transfer of excess real property to a Federal agency for agency use; or ``(2) sale, lease, or other disposition of surplus real property. ``(e) Proceeds From Transfer or Sale of Personal Property.--(1) Except as otherwise provided in this subchapter, proceeds described in paragraph (2) shall be deposited in the Treasury as miscellaneous receipts. ``(2) The proceeds described in this paragraph are proceeds under this chapter from-- ``(A) a transfer of excess personal property to a Federal agency for agency use; or ``(B) a sale, lease, or other disposition of surplus personal property. ``(3) Subject to regulations under this subtitle, the expenses of the sale of personal property may be paid from the proceeds of sale so that only the net proceeds are deposited in the Treasury. This paragraph applies whether proceeds are deposited as miscellaneous receipts or to the credit of an appropriation as authorized by law.''. SEC. 6. DEMONSTRATION AUTHORITY. (a) In General.--Subchapter II of chapter 5 of title 40, United States Code, is amended by adding at the end the following new section: ``Sec. 530. Demonstration program of inapplicability of certain requirements of law ``(a) Authority.--Effective for fiscal years 2009 and 2010, the requirements of section 501(a) of the McKinney Vento Homeless Assistance Act (42 U.S.C. 11411(a)) shall not apply to eligible properties. ``(b) Eligible Properties.--A property is eligible for purposes of subsection (a) if it meets both of the following requirements: ``(1) The property is selected for demolition by an agency and is a Federal building or other Federal real property located on land not determined to be excess, for which there is an ongoing Federal need, and not to be used in any lease, exchange, leaseback arrangement, or service agreement. ``(2) The property is-- ``(A) located in an area to which the general public is denied access in the interest of national security and where alternative access cannot be provided for the public without compromising national security; or ``(B) the property is-- ``(i) uninhabitable; ``(ii) not a housing unit; and ``(iii) selected for demolition by an agency because either-- ``(I) the demolition is necessary to further an identified Federal need for which funds have been authorized and appropriated; or ``(II) the property poses risk to human health and safety or has become an attractive nuisance. ``(c) Limitations.-- ``(1) No property of the Department of Veterans Affairs may be considered an eligible property for purposes of subsection (a). ``(2) With respect to an eligible property described in subsection (b), the land underlying the property remains subject to all public benefit requirements and notifications for disposal. ``(d) Notification to Congress.--(1) A list of each eligible property described in subsection (b) that is demolished or scheduled for demolition, by date of demolition or projected demolition date, shall be sent to the congressional committees listed in paragraph (2) and published on the Web site of the General Services Administration biannually beginning 6 months after the date of the enactment of this section. ``(2) The congressional committees listed in this paragraph are as follows: ``(A) The Committee on Oversight and Government Reform and the Committee on Transportation and Infrastructure of the House of Representatives. ``(B) The Committee on Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate. ``(e) Relationship to Other Provisions of Law.--Nothing in this section may be construed as interfering with the requirement for the submission of a prospectus to Congress as established by section 3307 of this title or for all demolitions to be carried out pursuant to section 527 of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of title 40, United States Code, is amended by inserting after the item relating to section 529 the following new item: ``530. Demonstration program of inapplicability of certain requirements of law.''.

Federal Real Property Disposal Enhancement Act of 2009 - Requires the Administrator of the General Services Administration (GSA) to: (1) issue guidance for federal agency real property plans, including recommendations on how to identify and dispose of excess properties, evaluate disposal costs and benefits, and prioritize disposal decisions based on agency missions and anticipated future need for holdings; (2) report to specified congressional committees annually for five years on agency efforts to reduce their real property assets; and (3) assist agencies in the identification and disposal of excess real property. Includes among the amounts the Administrator is authorized to obligate from proceeds from the disposition of excess real property: (1) amounts to pay the costs related to identifying and preparing properties to be reported excess by another agency; and (2) amounts to pay the costs associated with the reversion, custody, and disposal of reverted real property. Revises requirements for federal agency retention of proceeds from the transfer or sale of excess real property. Provides that requirements under the McKinney Vento Homeless Assistance Act for the use of public buildings and real property to assist the homeless shall not apply to certain non-excess federal buildings or real property selected for demolition.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury Pollution Reduction Act''. SEC. 2. FINDINGS. Congress finds that-- (1) mercury and mercury compounds are highly toxic to humans, ecosystems, and wildlife; (2) as many as 10 percent of women in the United States of childbearing age have mercury in their bloodstreams at a level that could pose risks to their unborn babies, and hundreds of thousands of children born annually in the United States are at risk of neurological problems relating to mercury exposure in utero; (3) the most significant source of mercury exposure to people in the United States is ingestion of mercury- contaminated fish; (4) the long-term solution to mercury pollution is to minimize global mercury use and releases of mercury to eventually achieve reduced contamination levels in the environment, rather than reducing fish consumption, since uncontaminated fish represents a critical and healthy source of nutrition for people worldwide; (5) mercury pollution is a transboundary pollutant that-- (A) is deposited locally, regionally, and globally; and (B) affects bodies of water near industrial areas, such as the Great Lakes, as well as bodies of water in remote areas, such as the Arctic Circle; (6) of the approximately 30 plants in the United States that produce chlorine, only 7 use the obsolete ``mercury cell'' chlor-alkali process, and 4 have not yet committed to phasing out mercury use; (7)(A) less than 5 percent of the total quantity of chlorine and caustic soda produced in the United States comes from the chlor-alkali plants described in paragraph (6) that use the mercury cell chlor-alkali process; (B) cost-effective alternatives are available and in use in the remaining 95 percent of chlorine and caustic soda production; and (C) other countries, including Japan, have already banned the mercury cell chlor-alkali process; (8) the chlor-alkali industry acknowledges that-- (A) mercury can contaminate products manufactured at mercury cell facilities; and (B) the use of some of those products results in the direct and indirect release of mercury; (9) despite those quantities of mercury known to have been used or to be in use, neither the chlor-alkali industry nor the Environmental Protection Agency is able-- (A) to adequately account for the disposition of the mercury used at those facilities; or (B) to accurately estimate current mercury emissions; and (10) it is critically important that the United States work aggressively toward the minimization of supply, demand, and releases of mercury, both domestically and internationally. SEC. 3. STATEMENT OF POLICY. Congress declares that the United States should develop policies and programs that will-- (1) reduce mercury use and emissions within the United States; (2) reduce mercury releases from the reservoir of mercury currently in use or circulation within the United States; and (3) reduce exposures to mercury, particularly exposures of women of childbearing age and young children. SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING. (a) In General.--Title I of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by inserting after section 6 the following: ``SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING. ``(a) Definition of Chlor-alkali Facility.--In this section, the term `chlor-alkali facility' means a facility used for the manufacture of chlorine or caustic soda using a mercury cell process. ``(b) Prohibition.-- ``(1) In general.--Except as otherwise provided in this subsection, it shall be unlawful to manufacture chlorine or caustic soda using mercury cells at any facility in the United States. ``(2) Notice.--The owner or operator of any existing chlor- alkali facility shall notify the Administrator no later than June 30, 2012, whether it will-- ``(A) replace its chlor-alkali facility with a new manufacturing facility that does not use mercury; or ``(B) cease operations. ``(3) Closure.--A chlor-alkali facility for which a closure notice is filed under paragraph (2)(B) shall cease manufacturing chlorine or caustic soda using mercury cells no later than June 30, 2013. ``(4) Replacement.--A chlor-alkali facility for which a replacement notice is filed under paragraph (2)(A) may continue to manufacture chlorine or caustic soda using mercury cells until all of the permitting, financing, engineering, and construction of a non-mercury replacement facility is complete, or June 30, 2015, whichever is earlier. ``(c) Export Ban.--Effective on the date of the enactment of this section, the export of any elemental mercury or the sale of elemental mercury for purposes of export, including compounds and mixtures containing elemental mercury, by the owner or operator of a chlor- alkali facility is prohibited. ``(d) Savings Provision.--Nothing in this section affects the ability of the owner or operator of any chlor-alkali facility to store elemental mercury in accordance with section 5(g)(2) of the Mercury Export Ban Act of 2008 (42 U.S.C. 6939f).''. (b) Conforming Amendments.--(1) The table of contents of the Toxic Substances Control Act (15 U.S.C. 2601 note) is amended by inserting after the item relating to section 6 the following: ``Sec. 6A. Use of mercury in chlorine and caustic soda manufacturing.''. (2) Paragraphs (1) and (2) of section 15 of such Act are each amended by striking ``or 6'' and inserting ``, 6 or 6A''.

Mercury Pollution Reduction Act - Declares that the United States should develop policies and programs that will reduce: (1) mercury use and emissions; (2) mercury releases from the reservoir of mercury currently in use or circulation; and (3) exposures to mercury, particularly of women of childbearing age and young children. Amends the Toxic Substances Control Act to prohibit: (1) the manufacture of chlorine or caustic soda using mercury cells at any facility in the United States; and (2) the export of any elemental mercury or the sale of elemental mercury for purposes of export, including compounds and mixtures containing elemental mercury, by the owner or operator of a chlor-alkali facility. Requires the owner or operator of any existing chlor-alkali facility to notify the Administrator of the Environmental Protection Agency (EPA) no later than June 30, 2012, on whether the owner or operator will replace its chlor-alkali facility with a new manufacturing facility that does not use mercury or cease operations. Requires a chlor-alkali facility for which a closure notice is filed to cease manufacturing chlorine or caustic soda using mercury cells no later than June 30, 2013. Authorizes a chlor-alkali facility for which a replacement notice is filed to continue to manufacture chlorine or caustic soda using mercury cells until all of the permitting, financing, engineering, and construction of a non-mercury replacement facility is complete or June 30, 2015, whichever is earlier. Provides that this Act does not affect the ability of the owner or operator of any chlor-alkali facility to store elemental mercury in accordance with the Mercury Export Ban Act of 2008.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Regional Development Act Amendments of 2007''. SEC. 2. LIMITATION ON AVAILABLE AMOUNTS; MAXIMUM COMMISSION CONTRIBUTION. (a) Grants and Other Assistance.--Section 14321(a) of title 40, United States Code, is amended-- (1) by striking paragraph (1)(A)(i) and inserting the following: ``(i) the amount of the grant shall not exceed-- ``(I) 50 percent of administrative expenses; ``(II) at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which a distressed county designation is in effect under section 14526, 75 percent of administrative expenses; or ``(III) at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which an at-risk county designation is in effect under section 14526, 70 percent of administrative expenses;''; and (2) by striking paragraph (2)(A) and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), of the cost of any activity eligible for financial assistance under this section, not more than-- ``(i) 50 percent may be provided from amounts appropriated to carry out this subtitle; ``(ii) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this subtitle; or ``(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this subtitle.''. (b) Demonstration Health Projects.--Section 14502 of title 40, United States Code, is amended-- (1) by striking subsection (d)(2) and inserting the following: ``(2) Limitation on available amounts.--Grants under this section for the operation (including initial operating amounts and operating deficits, which include the cost of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with amounts authorized by this section, may be made for up to-- ``(A) 50 percent of the cost of that operation; ``(B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of the cost of that operation; or ``(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of the cost of that operation.''; and (2) in subsection (f)-- (A) in paragraph (1) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (B) by adding at the end the following: ``(3) At-risk counties.--The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to the lesser of-- ``(A) 70 percent; or ``(B) the maximum Federal contribution percentage authorized by this section.''. (c) Assistance for Proposed Low- and Middle-Income Housing Projects.--Section 14503 of title 40, United States Code, is amended-- (1) by striking subsection (d)(1) and inserting the following: ``(1) Limitation on available amounts.--A loan under subsection (b) for the cost of planning and obtaining financing (including the cost of preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts) of a project described in that subsection may be made for up to-- ``(A) 50 percent of that cost; ``(B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of that cost; or ``(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of that cost.''; and (2) by striking subsection (e)(1) and inserting the following: ``(1) In general.--A grant under this section for expenses incidental to planning and obtaining financing for a project under this section that the Secretary considers to be unrecoverable from the proceeds of a permanent loan made to finance the project shall-- ``(A) not be made to an organization established for profit; and ``(B) except as provided in paragraph (2), not exceed-- ``(i) 50 percent of those expenses; ``(ii) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of those expenses; or ``(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent of those expenses.''. (d) Telecommunications and Technology Initiative.--Section 14504 of title 40, United States Code, is amended by striking subsection (b) and inserting the following: ``(b) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.''. (e) Entrepreneurship Initiative.--Section 14505 of title 40, United States Code, is amended by striking subsection (c) and inserting the following: ``(c) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.''. (f) Regional Skills Partnerships.--Section 14506 of title 40, United States Code, is amended by striking subsection (d) and inserting the following: ``(d) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.''. (g) Supplements to Federal Grant Programs.--Section 14507(g) of title 40, United States Code, is amended-- (1) in paragraph (1) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following: ``(3) At-risk counties.--The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to 70 percent.''. SEC. 3. ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE. (a) In General.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. 14508. Economic and energy development initiative ``(a) Projects To Be Assisted.--The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to persons or entities in the Appalachian region for projects-- ``(1) to promote energy efficiency in the region to enhance its economic competitiveness; ``(2) to increase the use of renewable energy resources in the region to produce alternative transportation fuels, electricity, and heat; and ``(3) to support the development of conventional energy resources in the region to produce alternative transportation fuels, electricity, and heat. ``(b) Limitation on Available Amounts.--Of the cost of any project eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section. ``(c) Sources of Assistance.--Assistance under this section may be provided from amounts made available to carry out this section in combination with amounts made available under other Federal programs or from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission decides is appropriate.''. (b) Conforming Amendment.--The analysis for chapter 145 of title 40, United States Code, is amended by inserting after the item relating to section 14507 the following: ``14508. Economic and energy development initiative.''. SEC. 4. DISTRESSED, AT-RISK, AND ECONOMICALLY STRONG COUNTIES. (a) Designation of At-Risk Counties.--Section 14526 of title 40, United States Code, is amended-- (1) in the section heading by inserting ``, at-risk,'' after ``Distressed''; and (2) in subsection (a)(1)-- (A) by redesignating subparagraph (B) as subparagraph (C); (B) in subparagraph (A) by striking ``and'' at the end; and (C) by inserting after subparagraph (A) the following: ``(B) designate as `at-risk counties' those counties in the Appalachian region that are most at risk of becoming economically distressed; and''. (b) Conforming Amendment.--The analysis for chapter 145 of such title is amended by striking the item relating to section 14526 and inserting the following: ``14526. Distressed, at-risk, and economically strong counties.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 14703(a) of title 40, United States Code, is amended to read as follows: ``(a) In General.--In addition to amounts made available under section 14501, there is authorized to be appropriated to the Appalachian Regional Commission to carry out this subtitle (other than section 14508)-- ``(1) $65,000,000 for fiscal year 2007; ``(2) $80,000,000 for fiscal year 2008; ``(3) $85,000,000 for fiscal year 2009; ``(4) $90,000,000 for fiscal year 2010; and ``(5) $95,000,000 for fiscal year 2011.''. (b) Authorization of Appropriations.--Section 14703(b) of such title is amended to read as follows: ``(b) Economic and Energy Development Initiative.--In addition to amounts made available under section 14501, there is authorized to be appropriated to the Commission to carry out section 14508 $12,000,000 for each of fiscal years 2008 through 2011.''. (c) Availability.--Section 14703(c) of such title is amended by striking ``subsection (a)'' and by inserting ``subsections (a) and (b)''. (d) Allocation of Funds.--Section 14703 of such title is amended by adding at the end the following: ``(d) Allocation of Funds.--Funds approved by the Commission for a project in a State in the Appalachian region pursuant to congressional direction shall be derived from such State's portion of the Commission's allocation of appropriated amounts among the States.''. SEC. 6. TERMINATION. Section 14704 of title 40, United States Code, is amended by striking ``2006'' and inserting ``2011''. SEC. 7. ADDITIONS TO APPALACHIAN REGION. (a) Kentucky.--Section 14102(a)(1)(C) of title 40, United States Code, is amended-- (1) by inserting ``Metcalfe,'' after ``Menifee,''; (2) by inserting ``Nicholas,'' after ``Morgan,''; and (3) by inserting ``Robertson,'' after ``Pulaski,''. (b) Ohio.--Section 14102(a)(1)(H) of such title is amended-- (1) by inserting ``Ashtabula,'' after ``Adams,''; (2) by inserting ``Fayette,'' after ``Coshocton,''; (3) by inserting ``Mahoning,'' after ``Lawrence,''; and (4) by inserting ``Trumbull,'' after ``Scioto,''. (c) Tennessee.--Section 14102(a)(1)(K) of such title is amended-- (1) by inserting ``Giles,'' after ``Franklin,''; and (2) by inserting ``Lawrence, Lewis, Lincoln,'' after ``Knox,''. (d) Virginia.--Section 14102(a)(1)(L) of such title is amended-- (1) by inserting ``Henry,'' after ``Grayson,''; and (2) by inserting ``Patrick,'' after ``Montgomery,''. Passed the House of Representatives July 16, 2007. Attest: LORRAINE C. MILLER, Clerk.

Appalachian Regional Development Act Amendments of 2007 - (Sec. 2) Limits the maximum Appalachian Regional Commission contribution through non-highway grants and loans for designated at-risk counties to 70% of costs. (Sec. 3) Authorizes the Commission to provide technical assistance, make grants, or otherwise provide amounts to and contract with persons or entities in the Appalachian region for projects to: (1) promote energy efficiency to enhance economic competitiveness; (2) increase the use of renewable energy resources to produce alternative transportation fuels, electricity, and heat; and (3) support the development of conventional energy resources to produce alternative transportation fuels, electricity, and heat. (Sec. 4) Directs the Commission to designate as "at-risk counties" those counties in the Appalachian region that are most at risk of becoming economically distressed. (Sec. 5) Authorizes additional appropriations to the Commission through FY2011 to carry out Appalachian regional development and its economic and energy development initiative under section 3. Requires that funds approved by the Commission for a project in a state in the Appalachian region pursuant to congressional direction be derived from such state's portion of the Commission's allocation of appropriated amounts among the states. (Sec. 6) Extends, for five years, the termination date of the Appalachian Regional Development Act of 1965 (with exceptions for the Appalachian development highway system and certain definitions). (Sec. 7) Includes within the Appalachian region the following areas: (1) Metcalfe, Nicholas, and Robertson counties in Kentucky; (2) Ashtabula, Fayette, Mahoning, and Trumbull counties in Ohio; (3) Giles, Lawrence, Lewis, and Lincoln counties in Tennessee; and (4) Henry and Patrick counties in Virginia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Gang Violence Act''. SEC. 2. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS GANG MEMBER. (a) Amendment of Sentencing Guidelines.-- (1) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend chapter 3 of the Federal Sentencing Guidelines so that, except with respect to trafficking in cocaine base, if a defendant was a member of a criminal street gang at the time of the offense, the offense level is increased by 6 levels. (2) Construction with other guidelines.--The amendment made pursuant to paragraph (1) shall provide that the increase in the offense level shall be in addition to any other adjustment under chapter 3 of the Federal Sentencing Guidelines. (3) Definition.--For purposes of this section, the term ``criminal street gang'' has the meaning given that term in section 521(a) of title 18, United States Code, as amended by section 3 of this Act. SEC. 3. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL STREET GANGS. Section 521 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``(a) Definitions.--'' and inserting ``(a) Definitions.--For purposes of this section the following definitions shall apply:''; (B) by striking ```conviction''' and inserting the following: ``(1) Conviction.--The term `conviction'''; (C) in paragraph (1), as so designated, by striking ``violent or controlled substances felony'' and inserting ``predicate gang crime''; and (D) by striking ```criminal street gang''' and all that follows through the end of the subsection and inserting the following: ``(2) Criminal street gang.--The term `criminal street gang' means an ongoing group, club, organization, or association of 3 or more persons, whether formal or informal-- ``(A) a primary activity of which is the commission of 1 or more predicate gang crimes; ``(B) the members of which engage, or have engaged during the 5-year period preceding the date in question, in a pattern of criminal activity involving 1 or more predicate gang crimes; and ``(C) the activities of which affect interstate or foreign commerce. ``(3) Pattern of criminal activity.--The term `pattern of criminal activity' means the commission of 2 or more predicate gang crimes-- ``(A) at least 1 of which was committed after the date of enactment of the Federal Gang Violence Act; ``(B) the last of which was committed not later than 3 years after the commission of another predicate gang crime; and ``(C) which were committed on separate occasions. ``(4) Predicate gang crime.--The term `predicate gang crime' means-- ``(A) an offense described in subsection (c); ``(B) a State offense-- ``(i) involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is imprisonment for not less than 5 years; or ``(ii) that is a felony crime of violence that has as an element the use or attempted use of physical force against the person of another; ``(C) any Federal or State felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense, including-- ``(i) assault with a deadly weapon; ``(ii) homicide or manslaughter; ``(iii) shooting at an occupied dwelling or motor vehicle; ``(iv) kidnapping; ``(v) carjacking; ``(vi) robbery; ``(vii) drive-by-shooting; ``(viii) tampering with or retaliating against a witness, victim, informant, or juror; ``(ix) rape; ``(x) mayhem; ``(xi) torture; and ``(xii) arson; ``(D) any Federal or State offense that is-- ``(i) grand theft; ``(ii) burglary; ``(iii) looting; ``(iv) felony extortion; ``(v) possessing a concealed weapon; ``(vi) grand theft auto; ``(vii) money laundering ``(viii) felony vandalism; ``(ix) unlawful sale of a firearm; or ``(x) obstruction of justice; and ``(E) a conspiracy, attempt, or solicitation to commit any offense described in subparagraphs (A) through (D).''; and (2) in subsection (d)-- (A) in paragraph (1), by striking ``continuing series of offenses described in subsection (c)'' and inserting ``pattern of criminal activity''; and (B) in paragraph (3), by striking ``years for--'' and all that follows through the end of the paragraph and inserting ``years for a predicate gang crime.''. SEC. 4. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF CRIMINAL STREET GANGS. (a) Travel Act Amendments.-- (1) Prohibited conduct and penalties.--Section 1952(a) of title 18, United States Code, is amended to read as follows: ``(a) Whoever travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with intent to -- ``(1) distribute the proceeds of any unlawful activity; ``(2) commit any crime of violence to further any unlawful activity; or ``(3) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity, and thereafter performs, attempts to perform, or conspires to perform-- ``(A) an act described in paragraph (1) or (3) shall be fined under this title, imprisoned not more than 10 years, or both; ;or ``(B) an act described in paragraph (2) shall be fined under this title, imprisoned for not more than 20 years, or both, and if death results shall be sentenced to death or be imprisoned for any term of years or for life.''. (2) Unlawful activities.--Section 1952(b) of title 18, United States Code, is amended to read as follows: ``(b) As used in this section-- ``(1) the term `unlawful activity' means-- ``(A) activity of a criminal street gang as defined in section 521 of this title; ``(B) any business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics or controlled substances (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), or prostitution offenses in violation of the laws of the State in which the offense is committed or of the United States. ``(C) extortion; bribery; arson; robbery; burglary; assault with a deadly weapon; retaliation against or intimidation of witnesses, victims, jurors, or informants; assault resulting in bodily injury; possession or trafficking of stolen property; trafficking in firearms; kidnapping; alien smuggling; shooting at an occupied dwelling or motor vehicle; or insurance fraud; in violation of the laws of the State in which the offense is committed or of the United States; or ``(D) any act that is indictable under subchapter II of chapter 53 of title 31, United States Code, or under section 1956 or 1957 of this title; and ``(2) the term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (b) Sentencing Guidelines.--Pursuant to its authority under section 994(p) of titl3 28, United States Code, the United States Sentencing Commission shall amend chapter 2 of the Federal Sentencing Guidelines so that-- (1) the base offense level for traveling in interstate or foreign commerce in aid of a street gang or other racketeering enterprise is increased to 12; and (2) the base offense level for the commission of a violent crime in aid of a street gang or other racketeering enterprise is increased to 24. SEC. 5. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL GANG ACTIVITY. (a) Prohibited Acts.--Chapter 26 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 522. Recruitment of persons to participate in criminal gang activity ``(a) Prohibited Act.--It shall be unlawful for any person to-- ``(1) use any facility of, or travel in, interstate or foreign commerce, or cause another to do so, to solicit, request, induce, counsel, command, cause, or facilitate the participation of, a person to participate in a criminal street gang, or otherwise cause another to do so, or conspire to do so; or ``(2) solicit, request, induce, counsel, command, cause, or facilitate the participation of a person to engage in crime for which such person may be prosecuted in a court of the United States, or otherwise cause another to do so, or conspire to do so. ``(b) Penalties.--A person who violates subsection (a) shall-- ``(1)(A) if the person is a minor, be imprisoned for not less than 4 years and not more than 10 years, fined not more than $250,000, or both; or ``(B) if the person is not a minor, be imprisoned for not less than 1 year and not more than 10 years, fined not more than $250,000, or both; and ``(2) be liable for any costs incurred by the Federal Government or by any State or local government for housing, maintaining, and treating the minor until the minor reaches the age of 18. ``(c) Definitions.--For purposes of this section-- ``(1) the term `criminal street gang' has the same meaning given such term in section 521; and ``(2) the term `minor' means a person who is younger than 18 years of age.''. (b) Sentencing Guidelines.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend chapter 2 of the Federal Sentencing Guidelines so that the base offense level for recruitment of a minor to participate in a gang activity is 12. (c) Technical Amendment.--The analysis for chapter 26 of title 18, United States Code, is amended by adding at the end the following new item: ``522. Recruitment of persons to participate in criminal gang activity.''. SEC. 6. CRIMES INVOLVING THE USE OF MINORS AS RICO PREDICATES. Section 1961(1) of title 18, United States Code, is amended-- (1) by striking ``or'' before ``(E)''; and (2) by inserting before the semicolon at the end of the paragraph the following: ``, or (F) any offense against the United States that is punishable by imprisonment for more than 1 year and that involved the use of a person under the age of 18 years in the commission of the offense''. SEC. 7. TRANSFER OF FIREARMS TO MINORS FOR USE IN CRIME. Section 924(h) of title 18, United States Code, is amended by striking ``10 years, fined in accordance with this title, or both'' and inserting ``10 years, and if the transferee is a person who is under 18 years of age, not less than 3 years; fined under this title; or both''. SEC. 8. PENALTIES. Section 924(a) of title 18, United States Code, is amended-- (1) by redesignating paragraph (5), as added by section 110201(b)(2) of the Violent Crime Control and Law Enforcement Act of 1994, as paragraph (6); and (2) in paragraph (6), as so redesignated-- (A) by striking subparagraph (A); (B) in subparagraph (B)-- (i) by striking ``(B) A person other than a juvenile who knowingly'' and inserting ``(A) A person who knowingly''; (ii) in clause (i), by striking ``1 year'' and inserting ``not less than 1 year and not more than 5 years''; and (iii) in clause (ii), by inserting ``not less than 1 year and'' after ``imprisoned''; and (C) by adding at the end the following new subparagraph: ``(B) Notwithstanding subparagraph (A), no mandatory minimum sentence shall apply to a juvenile who is less than 13 years of age.''. SEC. 9. THE JAMES GUELFF BODY ARMOR ACT. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 931. Use of body armor in Federal offenses ``(a) Prohibited Activity.--It shall be unlawful to use body armor in the commission of a Federal crime. ``(b) Applicability.--This section shall not apply if the Federal crime in which the body armor is used constitutes a violation of the civil rights of a person by a law enforcement officer acting under color of the authority of such law enforcement officer. ``(c) Definitions.--For purposes of this section-- ``(1) the term `body armor' means any product sold or offered for sale as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment; and ``(2) the term `law enforcement officer' means any officer, agent, or employee of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. ``(d) Penalties.-- ``(1) Imprisonment.--Whoever knowingly violates this section shall be imprisoned for a term of 2 years. ``(2) Construction.--A sentence under this paragraph shall be consecutive to any sentence imposed for the Federal crime in which the body armor was used.''. (b) Conforming Amendment.--The analysis for chapter 44 of title 18, United States Code, is amended by adding at the end the following new item: ``931. Use of body armor in Federal offenses.''. SEC. 10. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT PREDICATES. Section 924(e)(2)(A) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (i); (2) by adding ``or'' at the end of clause (ii); and (3) by adding at the end the following new clause: ``(iii) any act of juvenile delinquency that if committed by an adult would be an offense described in clause (i) or (ii);''. SEC. 11. INCREASE IN TIME LIMITS FOR JUVENILE PROCEEDINGS. Section 5036 of title 18, United States Code, is amended by striking ``thirty'' and inserting ``70''. SEC. 12. APPLYING RACKETEERING OFFENSES TO ALIEN SMUGGLING AND FIREARMS OFFENSES. Section 1961(1) of title 18, United States Code, as amended by section 6 of this Act, is amended by inserting before the semicolon at the end the following: ``, (G) any act, or conspiracy to commit any act, in violation of section 274(a)(1)(A), 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A), 1327, or 1328), or (H) any act or conspiracy to commit any act in violation of chapter 44 of this title (relating to firearms)''. SEC. 13. USE OF LINGUISTS. (a) In General.--The Secretary of State shall identify qualified translators who the Secretary shall make available to assist Federal law enforcement agencies in criminal investigations by monitoring legal wiretaps and translating recorded conversations. (b) Emphasis.--In carrying out subsection (a), the Secretary of State shall place special emphasis on translators in States in which most criminal street gangs and organized crime syndicates operate. SEC. 14. ADDITIONAL PROSECUTORS. There are authorized to be appropriated $20,000,000 for each of fiscal years 1997, 1998, 1999, 2000, and 2001 for the hiring of additional Assistant United States Attorneys to prosecute violent youth gangs.

Federal Gang Violence Act - Directs the United States Sentencing Commission to amend chapter three of the Federal Sentencing Guidelines to increase the offense level by six, in addition to any other adjustment, except with respect to trafficking in cocaine base, if a defendant was a member of a criminal street gang at the time of the offense. Revises Federal criminal code provisions regarding criminal street gangs to modify or establish the definitions of "conviction," "criminal street gang," and "pattern of criminal activity" to make reference to "predicate gang crimes." Defines "predicate gang crimes" to include: (1) a State offense that involves a controlled substance for which the maximum penalty is not less than five years' imprisonment or that is a felony crime of violence that has as an element the use or attempted use of physical force against another; (2) any Federal or State felony offense that involves a substantial risk that physical force may be used against another; and (3) specified Federal or State offenses, including a conspiracy, attempt, or solicitation to commit such offenses. Increases penalties for interstate and foreign travel or transportation in aid of racketeering. Includes criminal street gang activity within the term "unlawful activity" for purposes of such provisions. Directs the Commission to increase the base offense level for: (1) traveling in interstate or foreign commerce in aid of a street gang or other racketeering enterprise; and (2) the commission of a violent crime in aid of a street gang or other racketeering enterprise. Prohibits and sets penalties for: (1) soliciting or recruiting persons to participate in criminal gang activity; and (2) using body armor in the commission of a Federal crime. Makes: (1) crimes involving the use of minors, firearms offenses, and alien smuggling predicate offenses under the Racketeer Influenced and Corrupt Organizations Act; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Increases penalties for transferring a firearm to a minor, with knowledge that it will be used to commit a crime of violence or drug trafficking crime. Increases the time limit within which an alleged delinquent who is in detention pending trial must be brought to trial. Requires the Secretary of State to identify qualified translators to be made available to assist Federal law enforcement agencies in criminal investigations by monitoring legal wiretaps and translating recorded conversations. Authorizes appropriations for the hiring of additional Assistant U.S. Attorneys to prosecute violent youth gangs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pulmonary Fibrosis Research Enhancement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Pulmonary fibrosis (in this section referred to as ``PF'') is a relentlessly progressive, ultimately fatal disease that affects the lungs, gradually robbing a person of the ability to breathe. (2) More than 200,000 individuals may be living with PF in the United States, 48,000 individuals in the United States are diagnosed with PF annually, and as many as 40,000 die annually. (3) Prevalence of PF has increased more than 150 percent since 2001, and is expected to continue rising. (4) The median survival rate for a person with PF is 2.8 years. (5) The cause of PF is not well understood, and in most cases is unknown, though there is growing evidence that one cause of PF may be environmental or occupational exposure to pollutants. (6) There is no Food and Drug Administration-approved treatment or cure for PF. (7) Public awareness of PF remains low compared to rare diseases of lesser prevalence, despite PF's increasing prevalence. (8) There has been no federally funded national awareness or educational effort to improve understanding of PF in the public or medical communities, though nonprofit patient education and research groups have begun to increase awareness. The first Federal legislation expressing Congress's support for PF research, H. Con. Res. 182, was agreed to by both Houses of Congress in 2007. SEC. 3. PULMONARY FIBROSIS ADVISORY BOARD AND REGISTRY. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. PULMONARY FIBROSIS ADVISORY BOARD AND REGISTRY. ``(a) Advisory Board.-- ``(1) Establishment.--Not later than 90 days after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a board to be known as the National Pulmonary Fibrosis Advisory Board (in this section referred to as the `Advisory Board'). The Advisory Board shall be composed of at least one member, to be appointed by the Secretary, acting through the Director of the Centers for Disease Control and Prevention, representing each of the following: ``(A) The National Institutes of Health. ``(B) The National Institute of Environmental Health Sciences. ``(C) The Department of Veterans Affairs. ``(D) The Agency for Toxic Substances and Disease Registry. ``(E) The Centers for Disease Control and Prevention. ``(F) Patients with PF or their family members and other individuals with an interest in developing and maintaining the National PF Registry. ``(G) Patient advocates, including organizations representing such advocates. ``(H) Clinicians with expertise on PF and related diseases. ``(I) Epidemiologists with experience working with data registries. ``(J) Geneticists or experts in genetics who have experience with the genetics of PF or other interstitial lung diseases. ``(2) Duties.--The Advisory Board shall-- ``(A) review information and make recommendations to the Secretary concerning-- ``(i) the development and maintenance of the National PF Registry; ``(ii) the type of information to be collected and stored in the National PF Registry; ``(iii) the manner in which such data is to be collected; ``(iv) the use and availability of such data, including guidelines for such use; and ``(v) the collection of information about diseases and disorders that primarily affect the lungs that are considered essential to furthering the study and cure of PF; and ``(B) consult with the Director of the Centers for Disease Control and Prevention regarding preparation of the National Pulmonary Fibrosis Education and Awareness Plan under section 4(a) of the Pulmonary Fibrosis Research Enhancement Act. ``(3) Report.--Not later than 1 year after the date of enactment of this section, the Advisory Board shall submit to the Secretary, the Committee on Energy and Commerce of the House of Representatives, and the Health, Education, Labor, and Pensions Committee of the Senate a report on the review conducted under paragraph (2), including the recommendations of the Advisory Board resulting from such review. ``(b) Establishment of Registry.-- ``(1) In general.--Not later than 1 year after the receipt of the report required by subsection (a)(3), the Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with patients, patient advocates, and others with expertise in research and care of pulmonary fibrosis (referred to in this section as `PF'), shall-- ``(A) develop a system to collect data on PF and other interstitial lung diseases that are related to PF, including information with respect to the incidence and prevalence of the disease in the United States; and ``(B) establish a national registry (in this section referred to as the `National PF Registry') that-- ``(i) is used for the collection and storage of data described in subparagraph (A); and ``(ii) includes a population-based registry of cases in the United States of PF and other interstitial lung diseases that are related to PF. ``(2) Purpose.--The purpose of the National PF Registry shall be to gather available data concerning-- ``(A) PF, including the incidence and prevalence of PF in the United States; ``(B) environmental and occupational factors that may be associated with the disease; ``(C) age, race or ethnicity, gender, and family history of individuals who are diagnosed with the disease; ``(D) pathogenesis of PF; and ``(E) other matters as determined appropriate by the Secretary. ``(c) Coordination With State, Local, and Federal Registries.-- ``(1) In general.--In establishing the National PF Registry under subsection (b), the Secretary shall-- ``(A) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure wherever possible, including-- ``(i) existing systems in place at universities, medical centers, and government agencies; ``(ii) State-based PF registries, National Institutes of Health registries, and Department of Veterans Affairs registries, as available; and ``(iii) any other relevant databases that collect or maintain information on interstitial lung diseases; and ``(B) provide for research access to PF data in accordance with applicable statutes and regulations, including those protecting personal privacy. ``(2) Coordination with nih and department of veterans affairs.--Consistent with applicable privacy statutes and regulations, the Secretary shall ensure that epidemiological and other types of information obtained under subsection (b) is made available to the National Institutes of Health and the Department of Veterans Affairs.''. SEC. 4. NATIONAL PULMONARY FIBROSIS EDUCATION AND AWARENESS PLAN. (a) In General.-- (1) Preparation of plan.--The Director of the Centers for Disease Control and Prevention, in consultation with the National Pulmonary Fibrosis Advisory Board established under section 317U of the Public Health Service Act, as added by section 3 of this Act, shall prepare a comprehensive plan (in this section referred to as the ``National Pulmonary Fibrosis Education and Awareness Plan''). (2) Report to congress.--Not later than one year after the date of the enactment of this Act, and at the same time as the report is submitted under section 317U(a)(3) of the Public Health Service Act, the Director of the Centers for Disease Control and Prevention shall submit the National Pulmonary Fibrosis Education and Awareness Plan to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate. (b) Content.--The National Pulmonary Fibrosis Education and Awareness Plan shall-- (1) focus on strategies to increase public education and awareness of pulmonary fibrosis; (2) accelerate patient education strategies, with respect to pulmonary fibrosis, nationwide; (3) address the need for new physician education strategies to improve diagnosis and treatment standards with respect to pulmonary fibrosis; (4) assess and monitor the costs of pulmonary fibrosis and its burden on patients and families; and (5) develop such strategies in partnership with patients, patient advocates, and others with expertise in research and care of pulmonary fibrosis. SEC. 5. PULMONARY FIBROSIS RESEARCH EXPANSION. Subpart 2 of part C of title IV of the Public Health Service Act (42 U.S.C. 285b et seq.) is amended by inserting after section 424C the following: ``SEC. 424D. PULMONARY FIBROSIS RESEARCH EXPANSION. ``The Director of the Institute is encouraged to expand, intensify, and coordinate the activities of the Institute with respect to research on pulmonary fibrosis, as appropriate.''.

Pulmonary Fibrosis Research Enhancement Act - Amends the Public Health Service Act to require the Director of the Centers for Disease Control and Prevention (CDC) to: (1) establish the National Pulmonary Fibrosis Advisory Board, (2) develop a system to collect data on pulmonary fibrosis and other interstitial lung diseases, and (3) establish the National PF Registry. Requires the Secretary of Health and Human Services (HHS), in developing the Registry, to: (1) expand and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure; and (2) provide for research access to pulmonary fibrosis data. Directs the Secretary to ensure that epidemiological and other types of information are made available to the National Institutes of Health (NIH) and the Department of Veterans Affairs (VA). Requires the Director of CDC to prepare the National Pulmonary Fibrosis Education and Awareness Plan, which shall: (1) focus on strategies to increase public education and awareness of pulmonary fibrosis, (2) address the need for new physician education strategies to improve diagnosis and treatment standards, and (3) assess and monitor the costs of pulmonary fibrosis and its burden on patients and families. Encourages the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate Institute pulmonary fibrosis research activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Farmington River and Salmon Brook Wild and Scenic River Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Lower Farmington River and Salmon Brook Study Act of 2005 (Public Law 109-370) authorized the study of the Farmington River downstream from the segment designated as a recreational river by section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(a)(156)) to its confluence with the Connecticut River, and the segment of the Salmon Brook including its main stem and east and west branches for potential inclusion in the National Wild and Scenic Rivers System; (2) the studied segments of the Lower Farmington River and Salmon Brook support natural, cultural, and recreational resources of exceptional significance to the citizens of Connecticut and the Nation; (3) concurrently with the preparation of the study, the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee prepared the Lower Farmington River and Salmon Brook Management Plan, June 2011, that establishes objectives, standards, and action programs that will ensure the long-term protection of the outstanding values of the river segments without Federal management of affected lands not owned by the United States; (4) the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee has voted in favor of Wild and Scenic River designation for the river segments, and has included this recommendation as an integral part of the management plan; (5) there is strong local support for the protection of the Lower Farmington River and Salmon Brook, including votes of support for Wild and Scenic designation from the governing bodies of all ten communities abutting the study area; (6) the State of Connecticut General Assembly has endorsed the designation of the Lower Farmington River and Salmon Brook as components of the National Wild and Scenic Rivers System (Public Act 08-37); and (7) the Rainbow Dam and Reservoir are located entirely outside of the river segment designated by section 3 of this Act, and, based on the findings of the study of the Lower Farmington River pursuant to Public Law 109-370, this hydroelectric project (including all aspects of its facilities, operations and transmission lines) is compatible with the designation made by section 3 of this Act. SEC. 3. DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: ``(213) Lower farmington river and salmon brook, connecticut.--Segments of the main stem and its tributary, Salmon Brook, totaling approximately 62 miles, to be administered by the Secretary of the Interior as follows: ``(A) The approximately 27.2-mile segment of the Farmington River beginning 0.2 miles below the tailrace of the Lower Collinsville Dam and extending to the site of the Spoonville Dam in Bloomfield and East Granby as a recreational river. ``(B) The approximately 8.1-mile segment of the Farmington River extending from 0.5 miles below the Rainbow Dam to the confluence with the Connecticut River in Windsor as a recreational river. ``(C) The approximately 2.4-mile segment of the main stem of Salmon Brook extending from the confluence of the East and West Branches to the confluence with the Farmington River as a recreational river. ``(D) The approximately 12.6-mile segment of the West Branch of Salmon Brook extending from its headwaters in Hartland, Connecticut to its confluence with the East Branch of Salmon Brook as a recreational river. ``(E) The approximately 11.4-mile segment of the East Branch of Salmon Brook extending from the Massachusetts-Connecticut State line to the confluence with the West Branch of Salmon Brook as a recreational river.''. SEC. 4. MANAGEMENT. (a) In General.--The river segments designated by section 3 shall be managed in accordance with the management plan and such amendments to the management plan as the Secretary determines are consistent with this Act. The management plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (b) Committee.--The Secretary shall coordinate the management responsibilities of the Secretary under this Act with the Lower Farmington River and Salmon Brook Wild and Scenic Committee, as specified in the management plan. (c) Cooperative Agreements.-- (1) In general.--In order to provide for the long-term protection, preservation, and enhancement of the river segment designated by section 3 of this Act, the Secretary is authorized to enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act with-- (A) the State of Connecticut; (B) the towns of Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut; and (C) appropriate local planning and environmental organizations. (2) Consistency.--All cooperative agreements provided for under this Act shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (d) Land Management.-- (1) Zoning ordinances.--For the purposes of the segments designated in section 3, the zoning ordinances adopted by the towns in Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut, including provisions for conservation of floodplains, wetlands and watercourses associated with the segments, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Acquisition of land.--The provisions of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that prohibit Federal acquisition of lands by condemnation shall apply to the segments designated in section 3 of this Act. The authority of the Secretary to acquire lands for the purposes of the segments designated in section 3 of this Act shall be limited to acquisition by donation or acquisition with the consent of the owner of the lands, and shall be subject to the additional criteria set forth in the management plan. (e) Rainbow Dam.--The designation made by section 3 shall not be construed to-- (1) prohibit, pre-empt, or abridge the potential future licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations and transmission lines) by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project under the Federal Power Act; or Act, provided that the Commission may, in the discretion of the Commission and consistent with this Act, establish such reasonable terms and conditions in a hydropower license for Rainbow Dam as are necessary to reduce impacts identified by the Secretary as invading or unreasonably diminishing the scenic, recreational, and fish and wildlife values of the segments designated by section 3; or (2) affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at Rainbow Dam and Reservoir. (f) Relation to National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Lower Farmington River shall not be administered as part of the National Park System or be subject to regulations which govern the National Park System. SEC. 5. FARMINGTON RIVER, CONNECTICUT, DESIGNATION REVISION. Section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended in the first sentence-- (1) by striking ``14-mile'' and inserting ``15.1-mile''; and (2) by striking ``to the downstream end of the New Hartford-Canton, Connecticut town line'' and inserting ``to the confluence with the Nepaug River''. SEC. 6. DEFINITIONS. For the purposes of this Act: (1) Management plan.--The term ``management plan'' means the management plan referred to in section 2(3). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Lower Farmington River and Salmon Brook Wild and Scenic River Act (Sec. 3) This bill amends the Wild and Scenic Rivers Act to designate specified segments of the Lower Farmington River and Salmon Brook in Connecticut as components of the National Wild and Scenic Rivers System. (Sec. 4) The Department of the Interior shall manage: (1) the river segments according to the Lower Farmington River and Salmon Brook Management Plan, dated June 2011; and (2) coordinate the management responsibilities of Interior under this Act relating to such segments with the Lower Farmington River and Salmon Brook Wild and Scenic Committee. Authorizes Interior to enter into cooperative agreements with: (1) the state of Connecticut; (2) the towns of Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut; and (3) appropriate local planning and environmental organizations. For purposes of the segments designated by this Act, the zoning ordinances adopted by the towns, including provisions for the conservation of floodplains, wetlands, and watercourses associated with such segments, shall be deemed to satisfy the Act's standards and requirements limiting or prohibiting federal acquisition of lands by condemnation. The authority of Interior to acquire lands for the purposes of such segments shall be limited to acquisition by donation or with the owner's consent and shall be subject to additional management plan criteria. The designation made by this Act shall not be construed to prohibit, pre-empt, or abridge the potential future licensing or re-licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations, and transmission lines) by the Federal Energy Regulatory Commission (FERC) as a federally licensed hydroelectric generation project, provided that FERC may, in its discretion and consistent with this Act, establish any terms and conditions in a hydropower license for the Dam as necessary to reduce impacts that invade or unreasonably diminish the scenic, recreational, and fish and wildlife values of the designated segments. Neither shall the designation affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at the Dam and Reservoir. The Lower Farmington River shall not be administered as part of the National Park System or be subject to System regulations. (Sec. 5) The bill also revises the description of a specified designated segment of the Farmington River in Connecticut.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Trade Community Relief Act''. SEC. 2. DESIGNATION OF AND TAX INCENTIVES FOR NAFTA-IMPACTED COMMUNITIES. (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter XI--NAFTA-Impacted Communities ``Sec. 1400K. Designation of NAFTA- impacted communities. ``Sec. 1400L. NAFTA-impacted community employment credit. ``Sec. 1400M. Increase in expensing under section 179. ``Sec. 1400N. NAFTA-impacted community business defined. ``SEC. 1400K. DESIGNATION OF NAFTA-IMPACTED COMMUNITIES. ``(a) Designation.-- ``(1) NAFTA-impacted community.--For purposes of this title, the term `NAFTA-impacted community' 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 a community impacted by the North American Free Trade Agreement (hereinafter in this section referred to as a `nominated area'), and ``(B) which the Secretary of Commerce designates as a NAFTA-impacted community, after consultation with-- ``(i) in the case of an area in a rural area, the Secretary of Agriculture; ``(ii) in the case of an area in an urban area, the Secretary of Housing and Urban Development; and ``(iii) in the case of an area on an Indian reservation, the Secretary of the Interior. ``(2) Number of designations.--The Secretary of Commerce may designate not more than 35 nominated areas as NAFTA- impacted communities. ``(3) Areas designated based on degree of loss of jobs resulting from nafta, etc.--Except as otherwise provided in this section, the nominated areas designated as NAFTA-impacted communities 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 Secretary of Commerce shall prescribe by regulation no later than 4 months after the date of the enactment of this section, after consultation with the officials described in paragraph (1)(B)-- ``(i) the procedures for nominating an area under paragraph (1)(A), ``(ii) the parameters relating to the size and population characteristics of a NAFTA- impacted community, and ``(iii) the manner in which nominated areas will be evaluated based on the criteria specified in subsection (c). ``(B) Procedural rules.--The Secretary of Commerce shall not make any designation of a nominated area as a NAFTA-impacted community 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 Secretary of Commerce shall by regulation prescribe, and ``(ii) the Secretary of Commerce determines 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.-- ``(1) In general.--Any designation of an area as a NAFTA- impacted community shall remain in effect during the period beginning on the date of the designation and ending on the earliest of-- ``(A) December 31, 2008, ``(B) the termination date designated by the State and local governments in their nomination, or ``(C) the date the Secretary of Commerce revokes such designation. ``(2) Revocation of designation.--The Secretary of Commerce may revoke the designation under this section of an area if the Secretary determines that the loss of jobs and other affects of NAFTA on the area have been substantially alleviated. Such determination shall include, at a minimum, a finding that the unemployment rate in the area is equal to or lower than the national unemployment rate, and a finding that new businesses are being attracted to the area. ``(c) Area and Eligibility Requirements.-- ``(1) In general.--The Secretary of Commerce may designate a nominated area as a NAFTA-impacted community 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, ``(C) the area does not include an empowerment zone (as defined in section 1393(b)), and ``(D) the area does not include a renewal community designated under section 1400E. ``(3) Eligibility requirements.-- ``(A) In general.--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 (and the Secretary of Commerce, after such review of Department of Labor data and other appropriate supporting data as he deems appropriate, accepts such certification) that-- ``(i) the unemployment rate in the area, as determined by the most recent available data, was at least 1 percentage point above the national unemployment rate for the period to which such data relate, and ``(ii) in the case of-- ``(I) a rural area, at least 300 workers who live or work in the area have been certified as eligible to apply for NAFTA transitional adjustment assistance under subchapter D of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.), and ``(II) an urban area, at least 500 workers have been so certified. ``(B) Rural area defined.--For purposes of this section, the term `rural area' means an area-- ``(i) which is within a local government jurisdiction or jurisdictions with a population of less than 10,000, ``(ii) which is outside of a metropolitan statistical area (within the meaning of section 143(k)(2)(B)), or ``(iii) which is determined by the Secretary of Commerce, after consultation with the Secretary of Agriculture, to be a rural area. ``(C) Urban area defined.--For purposes of this section, the term `urban area' means any area that is not a rural area. ``(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 a NAFTA-impacted community, 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 (5) and (7) of section 1393 shall apply. ``SEC. 1400L. NAFTA-IMPACTED COMMUNITY EMPLOYMENT CREDIT. ``(a) Amount of Credit.--For purposes of section 38, the amount of the NAFTA-impacted community employment credit determined under this section with respect to any employer for any taxable year is 8.5 percent of the qualified NAFTA-impacted community wages paid or incurred during the calendar year which ends with or within such taxable year. ``(b) Qualified NAFTA-Impacted Community Wages.-- ``(1) In general.--For purposes of this section, the term `qualified NAFTA-impacted community wages' means any wages paid or incurred by an employer for services performed by an employee while such employee is a qualified NAFTA-impacted community employee. ``(2) Only first $15,000 of wages per year taken into account.--With respect to each qualified NAFTA-impacted community employee, the amount of qualified NAFTA-impacted community wages which may be taken into account for a calendar year shall not exceed $15,000. ``(3) Coordination with work opportunity credit.-- ``(A) In general.--The term `qualified NAFTA- impacted community wages' shall not include wages taken into account in determining the credit under section 51. ``(B) Coordination with paragraph (2).--The $15,000 amount in paragraph (2) shall be reduced for any calendar year by the amount of wages paid or incurred during such year which are taken into account in determining the credit under section 51. ``(c) Qualified NAFTA-Impacted Community Employee.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `qualified NAFTA-impacted community employee' means, with respect to any period, any employee of an employer if-- ``(A) substantially all of the services performed during such period by such employee for such employer are performed within a NAFTA-impacted community in a trade or business of the employer, and ``(B) the principal place of abode of such employee while performing such services is within such NAFTA- impacted community. ``(2) Other rules.--Rules similar to the rules of paragraphs (2) and (3) of section 1396(d) shall apply. ``(d) Other Definitions and Special Rules.--For purposes of this section, the rules of section 1397 shall apply. ``SEC. 1400M. INCREASE IN EXPENSING UNDER SECTION 179. ``(a) General Rule.--In the case of a NAFTA-impacted community business (as defined in section 1400N), for purposes of section 179-- ``(1) the limitation under section 179(b)(1) shall be increased by the lesser of-- ``(A) $10,000, or ``(B) the cost of section 179 property which is qualified NAFTA-impacted property placed in service during the taxable year, and ``(2) the amount taken into account under section 179(b)(2) with respect to any section 179 property which is qualified NAFTA-impacted property shall be 50 percent of the cost thereof. ``(b) Recapture.--Rules similar to the rules under section 179(d)(10) shall apply with respect to any qualified NAFTA-impacted property which ceases to be used in a NAFTA-impacted community by a NAFTA-impacted community business. ``(c) Qualified NAFTA-Impacted Property.--For purposes of this section-- ``(1) In general.--The term `qualified NAFTA-impacted property' means section 179 property (as defined in section 179(d)) if-- ``(A) such property was acquired by the taxpayer after December 31, 1999, and before January 1, 2007, and ``(B) such property would be qualified zone property (as defined in section 1397C) if references to NAFTA-impacted communities were substituted for references to empowerment zones in section 1397C. ``(2) Certain rules to apply.--The rules of subsections (a)(2) and (b) of section 1397C shall apply for purposes of this section. ``SEC. 1400N. NAFTA-IMPACTED COMMUNITY BUSINESS DEFINED. ``For purposes of this part, the term `NAFTA-impacted community business' means any entity or proprietorship which would be a qualified business entity or qualified proprietorship under section 1397C if references to NAFTA-impacted communities were substituted for references to empowerment zones in such section.''. (b) Technical and Conforming Amendments.-- (1) NAFTA-impacted community employment credit part of general business credit.-- (A) Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(14) the NAFTA-impacted community employment credit determined under section 1400L(a).''. (B) Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following new paragraph: ``(10) No carryback of section 1400l credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 1400L (relating to NAFTA-impacted community employment credit) may be carried to any taxable year ending before January 1, 2000.''. (2) Denial of deduction for portion of wages equal to nafta-impacted community employment credit.-- (A) Subsection (a) of section 280C (relating to rule for employment credits) is amended by striking ``and 1396(a)'' and inserting ``1396(a), and 1400L(a)''. (B) Subsection (c) of section 196 (relating to deduction for certain unused business credits) is amended by striking ``and'' at the end of paragraph (8), by striking the period at the end of paragraph (9) and inserting ``, and'', and by adding at the end the following new paragraph: ``(10) the NAFTA-impacted community employment credit determined under section 1400L(a)''. (3) Carryovers.--Subsection (c) of section 381 (relating to carryovers in certain corporate acquisitions) is amended by adding at the end the following new paragraph: ``(27) NAFTA-impacted community provisions.--The acquiring corporation shall take into account (to the extent proper to carry out the purposes of this section and subchapter XI, and under such regulations as may be prescribed by the Secretary) the items required to be taken into account for purposes of subchapter XI in respect of the distributor or transferor corporation.''. (c) Clerical Amendments.--The table of subchapters for chapter 1 is amended by adding at the end the following new item: ``Subchapter XI. NAFTA-Impacted Communities.'' SEC. 3. GRANTS FOR JOB TRAINING ASSISTANCE FOR NAFTA-IMPACTED COMMUNITIES. (a) In General.--The Secretary of Labor shall provide grants to States that contain NAFTA-impacted communities, as designated under section 1400K of the Internal Revenue Code of 1986 (as added by section 2(a) of this Act), for the purpose of providing sub-grants to nonprofit organizations and community or junior colleges in order to provide short-term job training courses, courses in entrepreneurism and self- employment, and other related job training assistance that will promote the economic self-sufficiency of individuals located in NAFTA-impacted communities. (b) Maximum Amount of Grant.--The total amount provided under a grant to a State under subsection (a) for a fiscal year may not exceed the product of-- (1) $1,000,000; and (2) the number of NAFTA-impacted communities located in the State. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $35,000,000 for each of the fiscal years 2002 through 2008. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

Free Trade Community Relief Act - Amends the Internal Revenue Code to, among other things: (1) provide for the designation of NAFTA-impacted communities; (2) establish an employment credit for such communities; and (3) provide for job training grants to such communities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Sky Wilderness Act of 2007''. SEC. 2. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Additions.--The following Federal lands in the State of Washington are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: certain lands which comprise approximately 106,000 acres, as generally depicted on a map entitled ``Wild Sky Wilderness Proposal'' and dated February 6, 2007, which shall be known as the ``Wild Sky Wilderness''. (b) Maps and Legal Descriptions.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the wilderness area designated under this Act with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture. SEC. 3. ADMINISTRATION PROVISIONS. (a) In General.-- (1) Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary of Agriculture in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to any wilderness areas designated by this Act, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (2) To fulfill the purposes of this Act and the Wilderness Act and to achieve administrative efficiencies, the Secretary of Agriculture may manage the area designated by this Act as a comprehensive part of the larger complex of adjacent and nearby wilderness areas. (b) New Trails.-- (1) The Secretary of Agriculture shall consult with interested parties and shall establish a trail plan for Forest Service lands in order to develop-- (A) a system of hiking and equestrian trails within the wilderness designated by this Act in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.); and (B) a system of trails adjacent to or to provide access to the wilderness designated by this Act. (2) Within two years after the date of enactment of this Act, the Secretary of Agriculture shall complete a report on the implementation of the trail plan required under this Act. This report shall include the identification of priority trails for development. (c) Repeater Site.--Within the Wild Sky Wilderness, the Secretary of Agriculture is authorized to use helicopter access to construct and maintain a joint Forest Service and Snohomish County telecommunications repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communications for safety, health, and emergency services. (d) Float Plane Access.--As provided by section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake Isabel, where such use has already become established, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines to be desirable. (e) Evergreen Mountain Lookout.--The designation under this Act shall not preclude the operation and maintenance of the existing Evergreen Mountain Lookout in the same manner and degree in which the operation and maintenance of such lookout was occurring as of the date of enactment of this Act. SEC. 4. AUTHORIZATION FOR LAND ACQUISITION. (a) In General.--The Secretary of Agriculture is authorized to acquire lands and interests therein, by purchase, donation, or exchange, and shall give priority consideration to those lands identified as ``Priority Acquisition Lands'' on the map described in section 2(a). The boundaries of the Mt. Baker-Snoqualmie National Forest and the Wild Sky Wilderness shall be adjusted to encompass any lands acquired pursuant to this section. (b) Access.--Consistent with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary of Agriculture shall ensure adequate access to private inholdings within the Wild Sky Wilderness. (c) Appraisal.--Valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area as a result of this Act. SEC. 5. LAND EXCHANGES. The Secretary of Agriculture shall exchange lands and interests in lands, as generally depicted on a map entitled ``Chelan County Public Utility District Exchange'' and dated May 22, 2002, with the Chelan County Public Utility District in accordance with the following provisions: (1) If the Chelan County Public Utility District, within ninety days after the date of enactment of this Act, offers to the Secretary of Agriculture approximately 371.8 acres within the Mt. Baker-Snoqualmie National Forest in the State of Washington, the Secretary shall accept such lands. (2) Upon acceptance of title by the Secretary of Agriculture to such lands and interests therein, the Secretary of Agriculture shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of date of enactment, to maintain an existing telemetry site to monitor snow pack on 1.82 acres on the Wenatchee National Forest in the State of Washington. (3) The exchange directed by this Act shall be consummated if Chelan County Public Utility District conveys title acceptable to the Secretary and provided there is no hazardous material on the site, which is objectionable to the Secretary. (4) In the event Chelan County Public Utility District determines there is no longer a need to maintain a telemetry site to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin, the Secretary shall be notified in writing and the easement shall be extinguished and all rights conveyed by this exchange shall revert to the United States.

Wild Sky Wilderness Act of 2007 - Designates certain lands in the Skykomish River valley, Washington, as the Wild Sky Wilderness, to be managed by the Secretary of Agriculture. Directs the Secretary to establish a trail plan. Authorizes the use of helicopter access to construct and maintain a joint Forest Service-Snohomish County telecommunications repeater site to provide improved communication for safety, health, and emergency purposes. Authorizes the Secretary to acquire lands in the Wild Sky Wilderness by purchase, donation, or exchange, with priority to be given to specified Priority Acquisition Lands. Requires the boundaries of the Mt. Baker-Snoqualmie National Forest and the Wild Sky Wilderness to be adjusted to encompass any lands so acquired. Requires the Secretary to accept specified lands within the Snoqualmie National Forest, Washington, from the Chelan County Public Utility District if the District offers such lands to the Secretary (in title acceptable to the Secretary, and provided there is no hazardous material on the site) in exchange for a permanent easement, including helicopter access, to maintain an existing telemetry site to monitor snow pack on land within the Wenatchee National Forest, Washington. Provides for extinguishment of the easement and reversion of all conveyed rights to the United States if the District no longer needs to maintain a telemetry site.

SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Family and Medical Leave Clarification Act''. (b) References.--Whenever in this Act an amendment is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to that section or other provision of the Family and Medical Leave Act of 1993. (c) Table of Contents.--The table of contents is as follows: Sec. 1. Short title; references; table of contents. Sec. 2. Findings. Sec. 3. Definition of serious health condition. Sec. 4. Intermittent leave. Sec. 5. Request for leave. Sec. 6. Substitution of paid leave. Sec. 7. Certification requirements. Sec. 8. Regulations. Sec. 9. Effective date. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Family and Medical Leave Act of 1993 (in this section referred to as the ``Act'') is not working as Congress intended when it passed the Act in 1993. Many employers, including those nationally recognized as having generous family-friendly benefit and leave programs, are experiencing serious problems complying with the Act. (2) The Department of Labor's overly broad regulations and interpretations have caused many of these problems by greatly expanding the Act's coverage to apply to many non-serious health conditions. (3) Documented problems generated by the Act include significant new administrative and personnel costs, loss of productivity and scheduling difficulties, unnecessary paperwork and record keeping, and other compliance problems. (4) The Act often conflicts with employers' existing paid sick leave policies and prevent employers from managing absences through their absence control plans and results in most leave under the Act becoming paid leave. (5) The Commission on Leave, established in title III of the Act, which reported few difficulties with compliance with the Act, failed to identify many of the problems with compliance because its study was conducted too soon after the enactment of the Act and the most significant problems with compliance arose only when employers later sought to comply with the Act's final regulations and interpretations. SEC. 3. DEFINITION OF SERIOUS HEALTH CONDITION. (a) Amendment.--Section 101(11) (29 U.S.C. 2611(11)) is amended by adding after and below subparagraph (B) the following: ``The term `serious health condition' does not cover short-term conditions for which treatment and recovery are very brief. Conditions covered include, for example, heart attacks, heart conditions requiring extensive therapy or surgical procedures, strokes, severe respiratory conditions, spinal injuries, appendicitis, pneumonia, emphysema, severe arthritis, severe nervous disorders, injuries caused by serious accidents on or off the job, ongoing pregnancy, miscarriages, complications or illnesses related to pregnancy, such as severe morning sickness, the need for prenatal care, childbirth, and recovery from childbirth.''. (b) Regulations.-- (1) Repeal.--The regulations of the Secretary of Labor, published at sections 825.114 and 825.115 of title 29 of the Code of Federal Regulations, and opinion letters promulgated thereunder shall be null and void on the effective date of final regulations issued under paragraph (2). (2) New regulations.--The Secretary of Labor shall revise the regulations referred to in paragraph (1) and shall issue proposed regulations making such revision not later than 90 days after the date of enactment of this Act and shall issue final regulations not later than 180 days after such date of enactment. (3) Transition.--With respect to leaves and requests for leave made under section 102 of the Family and Medical Leave Act of 1993 occurring before the effective date of the final regulations under paragraph (2), an employer may rely on the regulations of the Secretary referred to in paragraph (1). In any action to enforce the requirements of such Act pending on or after the effective date of such final regulations, no provision of the regulations referred to in paragraph (1) may be cited as evidence of an employer's non-compliance with such Act. SEC. 4. INTERMITTENT LEAVE. Section 102(b)(1) (29 U.S.C. 2612(b)(1)) is amended by striking the period at the end of the second sentence and inserting the following: ``as certified by the health care provider after each leave occurrence. An employer may require an employee to take intermittent leave in increments of up to one-half of a work day. Employers may require employees who travel as part of their normal day-to-day work or duty assignments to take leave for the duration of that work or assignment if the employer cannot reasonably accommodate the employee's request to take leave intermittently or on a reduced leave schedule.''. SEC. 5. REQUEST FOR LEAVE. Section 102(a) (29 U.S.C. 2612(a)) is amended by inserting after paragraph (2) the following: ``(3) Request for leave.--When an employer does not exercise under subsection (d)(2) the right to substitute other employer provided leave for leave under this title, an employer may require an employee who wants leave under this title to request in a timely manner such leave. If required by the employer, an employee who fails to make such a timely request may be denied leave under this title. ``(4) Timeliness of request for leave.--As used in paragraph (3) of this subsection, a request for leave is timely if-- ``(A) in the case of foreseeable leave, the employee provides the applicable advance notice required by subsection (e) and submits any written application required by the employer within 5 working days of providing the notice to the employer; and ``(B) in the case of unforeseeable leave, the employee notifies the employer verbally of the need for the leave no later than the time the leave commences and submits any written application required by the employer within 5 working days of providing the notice to the employer, except that the 5-day period will be extended as necessary if the employee is physically or mentally incapable of providing notice or submitting the application.''. SEC. 6. SUBSTITUTION OF PAID LEAVE. Section 102(d)(2) (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following: ``(C) Paid absence.--Notwithstanding subparagraphs (A) and (B), with respect to leave provided under subparagraph (D) of subsection (a)(1), where an employer provides paid absence under an employer's collective bargaining agreement, a welfare benefit plan under the Employee Retirement Income Security Act of 1974, or under any other sick leave, sick pay, or disability plan, program, or policy of the employer, an employer may require the employee to choose between such paid absence and unpaid leave provided under this title.''. SEC. 7. CERTIFICATION REQUIREMENTS. Section 103(b)(3) (29 U.S.C. 2613(b)(3)) is amended to read as follows: ``(3) the appropriate medical facts, which must be documented by objective medical findings.''. SEC. 8. REGULATIONS. (a) General Rule.--Except as provided in section 3(b)(2), not later than 6 months after the date of the enactment of this Act, the Secretary of Labor shall review and revise all regulations promulgated before such date to implement the Family and Medical Leave Act of 1993 to reflect the amendments made by this Act. (b) With respect to actions taken by an employer before the effective date of such revised regulations, compliance with the regulations in effect before such date shall be deemed to constitute full compliance with this Act. After the effective date of this Act, the Secretary may not enforce regulations in effect before such date. SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of 180 days after the date of the enactment of this Act.

Family and Medical Leave Clarification Act - Amends the Family and Medical Leave Act of 1993 (FMLA) to provide that the term serious health condition does not cover short-term conditions for which treatment and recovery are very brief. Lists examples of conditions which are covered by such term. (Sec. 3) Voids specified regulations and opinion letters of the Secretary of Labor under FMLA on the effective date of new final regulations. Directs the Secretary to revise such regulations and issue new proposed and final regulations by certain deadlines. (Sec. 4) Revises requirements for FMLA leave taken intermittently or on a reduced leave scheduleor. Requires certification by the health care provider of the medical necessity of such leave. Authorizes employers to require: (1) an employee to take intermittent leave in increments of up to one-half of a work day; and (2) employees who travel as part of their normal day-to-day work or duty assignments to take leave for the duration of that work or assignment if the employer cannot reasonably accommodate the employee's request to take leave intermittently or on a reduced leave schedule. (Sec. 5) Authorizes an employer who does not exercise the right to substitute other employer-provided leave for FMLA leave to require an employee to request such leave in a timely manner. (Sec. 6) Authorizes an employer to require the employee to choose between FMLA unpaid leave and employer-provided paid absence. (Sec. 7) Requires documentation by objective medical findings of the appropriate medical facts for purposes of certification of a request for leave under FMLA.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Education Empowerment Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Over 1,000,000 veterans attended institutions of higher education in 2014. (2) Veterans face unique challenges in transitioning from the battlefield to the classroom and eventually to the workforce, often including: age differences, family obligations, significant time away from academic life, and service-related disabilities. (3) The National Endowment for the Humanities' Warrior- Scholar Project found that ``veterans transitioning to college likely have not used academic skills since high school and have difficulty adjusting to a fundamentally different social and cultural environment, [leading] to veterans dropping out of college before earning their degree''. (4) The National Education Association found that veteran students can feel lonely and vulnerable on campus and that ``connecting student veterans can effectively ease this isolation'' by bringing together new veteran students with those who have already successfully navigated the first few semesters of college. (5) The unemployment rate for post-9/11 veterans far outpaces both the overall non-veteran unemployment rate and the unemployment rate for non-veterans entering the workforce for the first time. (6) According to Mission United--a United Way program that helps veterans re-acclimate to civilian life--it is often ``essential'' for veteran students to be mentored by ``another veteran who understands their mindset and experience''. (7) Veteran Student Centers are recognized as an institutional best practice by Student Veterans of America. (8) The American Council on Education, which represents more than 1,700 institutions of higher education across the country, has called having a dedicated space for veterans on campus ``a promising way for colleges and universities to better serve veterans on campus'' and a ``critical'' component of many colleges' efforts to serve their veteran students. (9) The Department of Education included as one of its 8 Keys to Veterans' Success that colleges and universities should ``coordinate and centralize campus efforts for all veterans, together with the creation of a designated space for them''. (10) Budget constraints often make it difficult or impossible for institutions of higher education to dedicate space to veteran offices, lounges, or student centers. (11) The 110th Congress authorized the funding of Veteran Student Centers through the Centers of Excellence for Veteran Student Success under part T of title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161t). Congress also chose to appropriate funding for this program for fiscal year 2015 under the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235). (12) According to the Department of Education, federally funded Veteran Student Centers and staff have generated improved recruitment, retention, and graduation rates, have helped veteran students feel better connected across campus, and have directly contributed to student veterans' successful academic outcomes. SEC. 3. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND IMPROVE VETERAN STUDENT CENTERS. Title VIII of the Higher Education Act of 1965 is amended by striking part T (20 U.S.C. 1161t) and inserting the following: ``PART T--GRANTS FOR VETERAN STUDENT CENTERS ``SEC. 873. GRANTS FOR VETERAN STUDENT CENTERS. ``(a) Grants Authorized.--Subject to the availability of appropriations under subsection (i), the Secretary shall award grants to institutions of higher education or consortia of institutions of higher education to assist in the establishment, maintenance, improvement, and operation of Veteran Student Centers. The Secretary shall award not more than 30 grants under this subsection. ``(b) Eligibility.-- ``(1) Application.--An institution or consortium seeking a grant under subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Criteria.--The Secretary may award a grant under subsection (a) to an institution or a consortium if the institution or consortium meets each of the following criteria: ``(A) The institution or consortium enrolls in undergraduate or graduate courses-- ``(i) a significant number of veteran students, members of the Armed Forces serving on active duty, and members of a reserve component of the Armed Forces; or ``(ii) a significant percentage of veteran students, as measured by comparing the overall enrollment of the institution or consortium to the number, for the most recent academic year for which data are available, of veteran students, members of the Armed Forces serving on active duty, and members of a reserve component of the Armed Forces who are enrolled in undergraduate or graduate courses at the institution or consortium. ``(B) The institution or consortium presents a sustainability plan to demonstrate that its Veteran Student Center will be maintained and will continue to operate after the grant period of the grant received under subsection (a) has ended. ``(3) Additional criteria.--In awarding grants under subsection (a), the Secretary-- ``(A) shall consider institutions or consortia representing a broad spectrum of sectors and sizes, including institutions or consortia from urban, suburban, and rural regions of the United States; and ``(B) may provide consideration to institutions or consortia that meet one or more of the following criteria: ``(i) The institution or consortium is located in a region or community that has a significant population of veterans. ``(ii) The institution or consortium carries out programs or activities that assist veterans in the local community and the spouses of veteran students. ``(iii) The institution or consortium partners in its veteran-specific programming with non-profit veteran service organizations, local workforce development organizations, or institutions of higher education. ``(iv) The institution or consortium commits to hiring a staff at the Veteran Student Center that includes veterans (including veteran student volunteers and veteran students participating in a Federal work-study program under part C of title IV, a work-study program administered by the Secretary of Veteran Affairs, or a State work- study program). ``(v) The institution or consortium commits to using a portion of the grant received under this section to develop an early-warning veteran student retention program carried out by the Veteran Student Center. ``(vi) The institution or consortium commits to providing mental health counseling to its veteran students and their spouses. ``(c) Use of Funds.-- ``(1) In general.--An institution or consortium that is awarded a grant under subsection (a) shall use such grant to establish, maintain, improve, or operate a Veteran Student Center. ``(2) Other allowable uses.--An institution or consortium receiving a grant under subsection (a) may use a portion of such funds to carry out supportive instruction services for student veterans, including-- ``(A) assistance with special admissions and transfer of credit from previous postsecondary education or experience; and ``(B) any other support services the institution or consortium determines to be necessary to ensure the success of veterans on campus in achieving education and career goals. ``(d) Amounts Awarded.-- ``(1) Duration.--Each grant awarded under subsection (a) shall be for a 4-year period. ``(2) Total amount of grant and schedule.--Each grant awarded under subsection (a) may not exceed a total of $500,000. The Secretary shall disburse to an institution or consortium the amounts awarded under the grant in such amounts and at such times during the grant period as the Secretary determines appropriate. ``(e) Report.--From the amounts appropriated to carry out this section, and not later than 3 years after the date on which the first grant is awarded under subsection (a), the Secretary shall submit to Congress a report on the grant program established under subsection (a), including-- ``(1) the number of grants awarded; ``(2) the institutions of higher education and consortia that have received grants; ``(3) with respect to each such institution of higher education and consortium-- ``(A) the amounts awarded; ``(B) how such institution or consortium used such amounts; ``(C) a description of the students to whom services were offered as a result of the award; and ``(D) data enumerating whether the use of the amounts awarded helped veteran students at the institution or consortium toward completion of a degree, certificate, or credential; ``(4) best practices for veteran student success, identified by reviewing data provided by institutions and consortia that received a grant under this section; and ``(5) a determination by the Secretary with respect to whether the grant program under this section should be extended or expanded. ``(f) Termination.--The authority of the Secretary to carry out the grant program established under subsection (a) shall terminate on the date that is 4 years after the date on which the first grant is awarded under subsection (a). ``(g) Department of Education Best Practices Website.--Subject to the availability of appropriations under subsection (i) and not later than 3 years after the date on which the first grant is awarded under subsection (a), the Secretary shall develop and implement a website for veteran student services at institutions of higher education, which details best practices for serving veteran students at institutions of higher education. ``(h) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101. ``(2) Veteran student center.--The term `Veteran Student Center' means a dedicated space on a campus of an institution of higher education that provides students who are veterans or members of the Armed Forces with the following: ``(A) A lounge or meeting space for such veteran students, their spouses or partners, and veterans in the community. ``(B) A centralized office for veteran services that-- ``(i) is a single point of contact to coordinate comprehensive support services for veteran students; ``(ii) is staffed by trained employees and volunteers, which includes veterans and at least one full-time employee or volunteer who is trained as a veterans' benefits counselor; ``(iii) provides veteran students with assistance relating to-- ``(I) transitioning from the military to student life; ``(II) transitioning from the military to the civilian workforce; ``(III) networking with other veteran students and veterans in the community; ``(IV) understanding and obtaining benefits provided by the institution of higher education, Federal Government, and State for which such students may be eligible; ``(V) understanding how to succeed in the institution of higher education, including by understanding academic policies, the course selection process, and institutional policies and practices related to the transfer of academic credits; and ``(VI) understanding their disability-related rights and protections under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) ; and ``(iv) provides comprehensive academic and tutoring services for veteran students, including peer-to-peer tutoring and academic mentorship. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2016 and each of the 3 succeeding fiscal years.''. SEC. 4. CONTINUATION OF AWARDS. An institution of higher education that received a grant under section 873 of the Higher Education Act of 1965 (20 U.S.C. 1161t) before the date of enactment of this Act, as such section 873 (20 U.S.C. 1161t) was in effect on the day before the date of enactment of this Act, shall continue to receive funds in accordance with the terms and conditions of such grant.

Veteran Education Empowerment Act Amends the Higher Education Act of 1965 to require the Secretary of Education to award up to 30 four-year grants to institutions of higher education (IHEs) or consortia of IHEs to establish, maintain, and improve Veteran Student Centers. Permits a grantee to use a portion of the grant to provide veteran students with supportive instruction services. Requires a grantee to be an IHE or consortium that: (1) enrolls in undergraduate or graduate courses a significant number or percentage of veterans or members of the Armed Forces, and (2) presents a sustainability plan demonstrating that its Veteran Student Center will be maintained and will continue to operate after the grant ends. Defines a "Veteran Student Center" as a dedicated space on a campus that provides students who are veterans or members of the Armed Forces with: (1) a lounge or meeting space for themselves, their spouses or partners, and veterans in the community; (2) a centralized office for veteran services that is staffed by trained employees and volunteers and serves as a single point of contact to coordinate veterans support services; and (3) comprehensive academic and tutoring services to veterans. Requires that office to provide such students with assistance in: transitioning from the military to student life, transitioning from the military to the civilian workforce, networking with other veteran students and veterans in the community, understanding and obtaining benefits provided by the IHE and federal and state government for which they may be eligible, understanding how to succeed in the IHE, and understanding their disability-related rights and protections under specified federal laws. Requires the Secretary to develop and implement a website for veteran student services at IHEs, which details best practices for serving veteran students at IHEs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect and Preserve International Cultural Property Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the President should establish an interagency coordinating committee to coordinate the efforts of the executive branch to protect and preserve international cultural property at risk from political instability, armed conflict, or natural or other disasters. Such committee should-- (1) be chaired by a Department of State employee of Assistant Secretary rank or higher, concurrent with that employee's other duties; (2) include representatives of the Smithsonian Institution and Federal agencies with responsibility for the preservation and protection of international cultural property; (3) consult with governmental and nongovernmental organizations, including the United States Committee of the Blue Shield, museums, educational institutions, and research institutions, and participants in the international art and cultural property market on efforts to protect and preserve international cultural property; (4) coordinate core United States interests in-- (A) protecting and preserving international cultural property; (B) preventing and disrupting looting and illegal trade and trafficking in international cultural property, particularly exchanges that provide revenue to terrorist and criminal organizations; (C) protecting sites of cultural and archaeological significance; and (D) providing for the lawful exchange of international cultural property. SEC. 3. EMERGENCY PROTECTION FOR SYRIAN CULTURAL PROPERTY. (a) In General.--The President shall exercise the authority of the President under section 304 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2603) to impose import restrictions set forth in section 307 of that Act (19 U.S.C. 2606) with respect to any archaeological or ethnological material of Syria-- (1) not later than 90 days after the date of the enactment of this Act; (2) without regard to whether Syria is a State Party (as defined in section 302 of that Act (19 U.S.C. 2601)); and (3) notwithstanding-- (A) the requirement of subsection (b) of section 304 of that Act (19 U.S.C. 2603(b)) that an emergency condition (as defined in subsection (a) of that section) applies; and (B) the limitations under subsection (c) of that section. (b) Annual Determination Regarding Certification.-- (1) Determination.-- (A) In general.--The President shall, not less often than annually, determine whether at least 1 of the conditions specified in subparagraph (B) is met, and shall notify the appropriate congressional committees of such determination. (B) Conditions.--The conditions referred to in subparagraph (A) are the following: (i) The Government of Syria is incapable, at the time a determination under such subparagraph is made, of fulfilling the requirements to request an agreement under section 303 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2602), including the requirements under subsection (a)(3) of that section. (ii) It would be against the United States national interest to enter into such an agreement. (2) Termination of restrictions.-- (A) In general.--Except as provided in subparagraph (B), the import restrictions referred to in subsection (a) shall terminate on the date that is 5 years after the date on which the President determines that neither of the conditions specified in paragraph (1)(B) are met. (B) Request for termination.--If Syria requests to enter into an agreement with the United States pursuant to section 303 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2602) on or after the date on which the President determines that neither of the conditions specified in paragraph (1)(B) are met, the import restrictions referred to in subsection (a) shall terminate on the earlier of-- (i) the date that is 3 years after the date on which Syria makes such a request; or (ii) the date on which the United States and Syria enter into such an agreement. (c) Waiver.-- (1) In general.--The President may waive the import restrictions referred to in subsection (a) for specified archaeological and ethnological material of Syria if the President certifies to the appropriate congressional committees that the conditions described in paragraph (2) are met. (2) Conditions.--The conditions referred to in paragraph (1) are the following: (A)(i) The owner or lawful custodian of the specified archaeological or ethnological material of Syria has requested that such material be temporarily located in the United States for protection purposes; or (ii) if no owner or lawful custodian can reasonably be identified, the President determines that, for purposes of protecting and preserving such material, the material should be temporarily located in the United States. (B) Such material shall be returned to the owner or lawful custodian when requested by such owner or lawful custodian. (C) There is no credible evidence that granting a waiver under this subsection will contribute to illegal trafficking in archaeological or ethnological material of Syria or financing of criminal or terrorist activities. (3) Action.--If the President grants a waiver under this subsection, the specified archaeological or ethnological material of Syria that is the subject of such waiver shall be placed in the temporary custody of the United States Government or in the temporary custody of a cultural or educational institution within the United States for the purpose of protection, restoration, conservation, study, or exhibition, without profit. (4) Immunity from seizure.--Any archaeological or ethnological material that enters the United States pursuant to a waiver granted under this section shall have immunity from seizure under Public Law 89-259 (22 U.S.C. 2459). All provisions of Public Law 89-259 shall apply to such material as if immunity from seizure had been granted under that Public Law. (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Finance of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives. (2) Archaeological or ethnological material of syria.--The term ``archaeological or ethnological material of Syria'' means cultural property (as defined in section 302 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2601)) that is unlawfully removed from Syria on or after March 15, 2011. SEC. 4. REPORT. Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the next 6 years, the President shall submit to the appropriate congressional committees a report on the efforts of the executive branch, during the 12-month period preceding the submission of the report, to protect and preserve international cultural property, including-- (1) whether an interagency coordinating committee as described in section 2 has been established and, if such a committee has been established, a description of the activities undertaken by such committee, including a list of the entities participating in such activities; (2) a description of measures undertaken pursuant to relevant statutes, including-- (A) actions to implement and enforce section 3 of this Act and section 3002 of the Emergency Protection for Iraqi Cultural Antiquities Act of 2004 (Public Law 108-429; 118 Stat. 2599), including measures to dismantle international networks that traffic illegally in cultural property; (B) a description of any requests for a waiver under section 3(c) of this Act and, for each such request, whether a waiver was granted; (C) a list of the statutes and regulations employed in criminal, civil, and civil forfeiture actions to prevent illegal trade and trafficking in cultural property; (D) actions undertaken to ensure the consistent and effective application of law in cases relating to illegal trade and trafficking in cultural property; and (E) actions undertaken to promote the legitimate commercial and non-commercial exchange and movement of cultural property; and (3) actions undertaken in fulfillment of international agreements on cultural property protection, including the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague May 14, 1954. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on April 13, 2016. Protect and Preserve International Cultural Property Act (Sec. 2) This bill expresses the sense of Congress that the President should establish an interagency coordinating committee to coordinate and advance executive branch efforts to protect and preserve international cultural property at risk from political instability, armed conflict, or natural or other disasters. (Sec. 3) The President shall apply specified import restrictions with respect to any archaeological or ethnological material of Syria: within 90 days; without regard to whether Syria is a state party to the convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property (adopted by the General Conference of the United Nations Educational, Scientific, and Cultural Organization); and notwithstanding the requirement that an emergency condition applies. The President shall at least once a year determine whether at least one of the following conditions is met: (1) Syria is incapable of fulfilling the requirements to request an agreement pursuant to the Convention on Cultural Property Implementation Act, and (2) it would be against the U.S. national interest to enter into such an agreement. The President may waive such import restrictions for specified cultural property if the President certifies to Congress that: (1) the foreign owner or custodian of the specified cultural property has requested that the property be temporarily located in the United States for protection purposes, (2) the property shall be returned upon request to the foreign owner or custodian, and (3) the grant of a waiver will not contribute to illegal trafficking in cultural property or financing of criminal or terrorist activities. Any archaeological or ethnological material that enters the United States pursuant to a waiver shall have immunity from seizure under P.L. 89-259 (which provides immunity from seizure for cultural items imported for temporary exhibition.) (Sec. 4) The President shall report annually to Congress on executive branch efforts to protect and preserve international cultural property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Nurses Appreciation Act of 1999''. SEC. 2. REVISED AUTHORITY FOR ADJUSTMENT OF BASIC PAY FOR NURSES AND CERTAIN OTHER HEALTH-CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Annual Adjustments Under Title 5.--Section 7451 of title 38, United States Code, is amended-- (1) by striking subsections (d), (e), (f), and (g); and (2) by adding after subsection (c) the following new subsection (d): ``(d) The rates of basic pay for each grade in a covered position shall (notwithstanding subsection (a)(3)(A)) be adjusted annually by the same percentages as the rates of pay under the General Schedule are adjusted pursuant to sections 5303 and 5304 of title 5. Adjustments under this subsection shall be effective on the same date as the annual adjustments made in accordance with such sections 5303 and 5304.''. (b) Revised Title 38 Locality Pay Authority.--Such section is further amended by adding after subsection (d), as added by subsection (a) of this section, the following new subsection (e): ``(e)(1) Whenever after October 1, 2002, the Secretary determines that the rates of basic pay in effect for a grade of a covered position, as most recently adjusted under subsection (d), at a given Department health-care facility are inadequate to recruit or retain high-quality personnel in that grade at that facility, the Secretary shall in accordance with this subsection adjust the rates of basic pay for that grade at that facility. ``(2) An adjustment in rates of basic pay for a grade under this subsection shall be made by determining a minimum rate of basic pay for the grade and then adjusting the other rates of basic pay for the grade to conform to the requirements of subsection (c). ``(3)(A) The Secretary shall determine a minimum rate of basic pay for a grade for purposes of paragraph (2) so as to achieve consistency between the rates of basic pay for the grade at the facility concerned and the rates of compensation in the Bureau of Labor Statistics labor market in which the facility is located for non-Department health-care positions requiring education, training, and experience that is equivalent or similar to the education, training, and experience required for Department personnel in the grade at the facility. ``(B) The Secretary shall utilize the most current industry-wage survey of the Bureau of Labor Statistics for a labor market in meeting the objective specified in subparagraph (A). ``(C) For purposes of this paragraph, the term `rate of compensation', with respect to health-care positions in non-Department health-care facilities, means the sum of-- ``(i) the rate of pay for personnel in such positions; and ``(ii) any employee benefits (other than benefits similar to benefits received by employees in the covered position concerned) for those health-care positions to the extent that such employee benefits are reasonably quantifiable. ``(4) An adjustment under this subsection may not reduce any rate of basic pay. ``(5) An adjustment in rates of basic pay under this subsection shall take effect on the first day of the first pay period beginning after the date on which the adjustment is made. ``(6) The Secretary shall prescribe regulations providing for the adjustment of rates of basic pay for employees in covered positions in the Central and Regional Offices in order to assure the recruitment and retention of high-quality personnel in such positions in such offices. The regulations shall provide for such adjustment in a manner similar to the adjustment of rates of basic pay under this subsection.''. (c) Annual Adjustments in Increased Rates of Basic Pay.--Section 7455 of such title is amended-- (1) in subsection (a)(1), by striking ``and (d)'' and inserting ``(d), and (e)''; and (2) by adding at the end the following: ``(e) Whenever an annual adjustment in rates of basic pay under sections 5303 and 5304 of title 5 becomes effective on or after the effective date of an increase in rates of basic pay under this section, the rates of basic pay as so increased under this section shall be adjusted in accordance with appropriate conversion rules prescribed under section 5305(f) of title 5, effective as of the effective date of such annual adjustment in rates of basic pay.''. (d) Conforming Amendment.--Subsection (c)(1) of section 7451 of such title is amended by striking the third sentence. (e) Effective Date.--The amendments made by this section shall take effect on October 1, 1999. SEC. 3. SAVINGS PROVISION. In the case of an employee of the Veterans Health Administration who on the day before the effective date of the amendment made by section 2(a) is receiving a rate of pay by reason of the second sentence of section 7451(e) of title 38, United States Code, as in effect on that day, the provisions of the second and third sentences of that section, as in effect on that day, shall continue to apply to that employee, notwithstanding the amendment made by section 2(a).

Department of Veterans Affairs Nurses Appreciation Act of 1999 - Amends Federal provisions relating to the pay of health care personnel within the Veterans Health Administration (VHA) of the Department of Veterans Affairs to require the rates of pay for registered nurses and certain other health-care positions within the VHA to be adjusted annually by the same percentage as those generally applicable to Federal employees. Provides that whenever after October 1, 2002, the Secretary of Veterans Affairs determines that such rates of pay are inadequate to recruit or retain high-quality health personnel at such a facility, the Secretary shall adjust such pay to achieve consistency with the rates of compensation for corresponding non-Department health-care positions in the Bureau of Labor Statistics labor market area of that facility. Provides for the automatic statutory adjustment to such rates of pay whenever an annual Federal pay adjustment becomes effective.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice Against Sponsors of Terrorism Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) International terrorism is a serious and deadly problem that threatens the vital interests of the United States. (2) The Constitution confers upon Congress the power to punish crimes against the law of nations and to carry out the treaty obligations of the United States, and therefore Congress may by law impose penalties relating to the provision of material support to foreign organizations engaged in terrorist activity, and allow for victims of international terrorism to recover damages from those who have harmed them. (3) International terrorism affects the interstate and foreign commerce of the United States by harming international trade and market stability, and limiting international travel by United States citizens as well as foreign visitors to the United States. (4) Some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds outside of the United States for conduct directed and targeted at the United States. (5) Foreign organizations that engage in terrorist activity are so tainted by their criminal conduct that any contribution to such an organization facilitates that conduct. (6) The imposition of civil liability at every point along the causal chain of terrorism is necessary to deter the flow of money, which is the lifeblood of terrorism. As recognized by Judge Richard Posner in Boim v. Holy Land Foundation for Relief and Development, 549 F.3d 685, 690-91 (7th Cir. 2008) (en banc), ``[d]amages are a less effective remedy against terrorists and their organizations than against their financial angels[,] . . . suits against financiers of terrorism can cut the terrorists' lifeline''. (7) It is necessary to explicitly recognize the substantive causes of action for aiding and abetting and conspiracy liability under the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 et seq.), especially given that the United States Courts of Appeals for the 2d and 7th Circuits have held that such theories of liability currently are not available. See Rothstein v. UBS AG, 708 F.3d 82 (2d Cir. 2013); Boim v. Holy Land Foundation for Relief and Development, 549 F.3d 685 (7th Cir. 2008) (en banc). (8) The decision of the United States Court of Appeals for the District of Columbia in Halberstam v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has been widely recognized as the leading case regarding Federal civil aiding and abetting and conspiracy liability, including by the Supreme Court of the United States, provides the proper legal framework for how such liability should function in the context of the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 et seq.). (9) The United Nations Security Council declared in Resolution 1373, adopted on September 28, 2001, that all countries have an affirmative obligation to ``[r]efrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts,'' and to ``[e]nsure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice''. (10) Consistent with these declarations, no country has the discretion to engage knowingly in the financing or sponsorship of terrorism, whether directly or indirectly. (11) Persons, entities, or countries that knowingly or recklessly contribute material support or resources, directly or indirectly, to persons or organizations that pose a significant risk of committing acts of terrorism that threaten the security of nationals of the United States or the national security, foreign policy, or economy of the United States, necessarily direct their conduct at the United States, and should reasonably anticipate being brought to court in the United States to answer for such activities. (12) The United States has a vital interest in providing persons and entities injured as a result of terrorist attacks committed within the United States with full access to the court system in order to pursue civil claims against persons, entities, or countries that have knowingly or recklessly provided material support or resources, directly or indirectly, to the persons or organizations responsible for their injuries. (b) Purpose.--The purpose of this Act is to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided material support or resources, directly or indirectly, to foreign organizations or persons that engage in terrorist activities against the United States. SEC. 3. FOREIGN SOVEREIGN IMMUNITY. Section 1605(a) of title 28, United States Code, is amended-- (1) by amending paragraph (5) to read as follows: ``(5) not otherwise encompassed in paragraph (2), in which money damages are sought against a foreign state arising out of physical injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of the office or employment of the official or employee (regardless of where the underlying tortious act or omission occurs), including any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act, except this paragraph shall not apply to-- ``(A) any claim based upon the exercise or performance of, or the failure to exercise or perform, a discretionary function, regardless of whether the discretion is abused; or ``(B) any claim arising out of malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, interference with contract rights, or any claim for emotional distress or derivative injury suffered as a result of an event or injury to another person that occurs outside of the United States; or''; and (2) by inserting after subsection (d) the following: ``(e) Definitions.--For purposes of subsection (a)(5)-- ``(1) the terms `aircraft sabotage', `extrajudicial killing', `hostage taking', and `material support or resources' have the meanings given those terms in section 1605A(h); and ``(2) the term `terrorism' means international terrorism and domestic terrorism, as those terms are defined in section 2331 of title 18.''. SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL ACTIONS REGARDING TERRORIST ACTS. (a) In General.--Section 2333 of title 18, United States Code, is amended by adding at the end the following: ``(d) Liability.--In an action arising under subsection (a), liability may be asserted as to the person or persons who committed such act of international terrorism or any person or entity that aided, abetted, or conspired with the person or persons who committed such an act of international terrorism. ``(e) Non-Applicability of Law of Preclusion.--Any civil action or claim that seeks recovery under this chapter for conduct that was the basis of a civil action or claim previously dismissed for lack of subject matter jurisdiction for failure to meet the requirements for an exception under section 1605(a) of title 28 is not subject to dismissal under the law of preclusion.''. (b) Effect on Foreign Sovereign Immunities Act.--Nothing in the amendments made by this section affects immunity of a foreign state, as that term is defined in section 1603 of title 28, United States Code, from jurisdiction under other law. SEC. 5. JURISDICTION FOR CIVIL ACTIONS REGARDING TERRORIST ACTS. Section 2334 of title 18, United States Code, is amended by inserting at the end the following: ``(e) Jurisdiction.--The district courts shall have personal jurisdiction, to the maximum extent permissible under the 5th Amendment to the Constitution of the United States, over any person who commits, aids and abets an act of international terrorism, or provides material support or resources as set forth in sections 2339A, 2339B, or 2339C, for acts of international terrorism in which any national of the United States suffers injury in his or her person, property, or business by reason of such an act in violation of section 2333.''. SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL ACTIONS REGARDING TERRORIST ACTS. Section 2337 of title 18, United States Code, is amended to read as follows: ``Sec. 2337. Suits against Government officials ``No action may be maintained under section 2333 against-- ``(a) the United States; ``(b) an agency of the United States; or ``(c) an officer or employee of the United States or any agency of the United States acting within the official capacity of the officer or employee or under color of legal authority.''. SEC. 7. SEVERABILITY. If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any other person not similarly situated or to other circumstances, shall not be affected by the holding. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall apply to any civil action pending on, or commenced on or after, the date of enactment of this Act.

Justice Against Sponsors of Terrorism Act - Amends the federal judicial code to include among the exceptions to U.S. jurisdictional immunity of foreign states any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act. Amends the federal criminal code to: (1) impose liability on, and grant U.S. district courts personal jurisdiction over, any person who commits, or aids, abets, or conspires with a person who commits, an act of international terrorism that injures a U.S. national; and (2) repeal provisions prohibiting civil actions against foreign states or foreign officials for damages related to acts of terrorism.

SECTION 1. ELIMINATION OF FOREIGN BASE COMPANY SHIPPING INCOME AS FOREIGN BASE COMPANY INCOME. (a) Elimination of Foreign Base Company Shipping Income.--Section 954 of the Internal Revenue Code of 1986 (relating to foreign base company income) is amended-- (1) by striking paragraph (4) of subsection (a) (relating to foreign base company shipping income), and (2) by striking subsection (f) (relating to foreign base company shipping income). (b) Conforming Amendments.-- (1) Subparagraph (D) of section 904(d)(2) (relating to the definition of shipping income for purposes of the foreign tax credit) is amended to read as follows: ``(D) Shipping income.-- ``(i) In general.--The term `shipping income' means income derived from, or in connection with, the use (or hiring or leasing for use) of any aircraft or vessel in foreign commerce, or from, or in connection with, the performance of services directly related to the use of any such aircraft, or vessel, or from the sale, exchange, or other disposition of any such aircraft or vessel. ``(ii) Special rules.-- ``(I) Such term includes dividends and interest received from a foreign corporation in respect of which taxes are deemed paid under section 902 (other than dividends from a noncontrolled section 902 corporation out of earnings and profits accumulated in taxable years beginning before January 1, 2003) and gain from the sale, exchange, or other disposition of stock or obligations of such a foreign corporation to the extent that such dividends, interest, and gains are attributable to shipping income. ``(II) Such term includes that portion of the distributive share of the income of a partnership attributable to shipping income. ``(III) Such term includes any income derived from a space or ocean activity (as defined in section 863(d)(2)). ``(IV) Such term does not include, except as provided in subclause (I), any dividend or interest income which is foreign personal holding company income as defined in section 954(c). ``(V) Such term does not include financial services income.'' (2) Sections 952(c)(1)(B)(iii) of such Code is amended by striking subclause (I) and redesignating subclauses (II) through (VI) as subclauses (I) through (V), respectively. (3) Section 953 of such Code is amended-- (A) by striking ``954(i)'' and inserting ``954(h)'' in subsections (b)(3) and (e) each place it appears, and (B) by striking ``954(h)(7)'' and inserting ``954(g)(7)'' in subsection (e)(7)(A). (4) Section 954 of such Code is amended-- (A) in subsection (a) by inserting ``and'' at the end of paragraph (3) and redesignating paragraph (5) as paragraph (4), (B) in subsection (b)-- (i) by striking ``the foreign base shipping income,'' in paragraph (5), (ii) by striking paragraphs (6) and (7), and (iii) by redesignating paragraph (8) as paragraph (6), and (C) by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 1999, and to taxable years of United States shareholders (within the meaning of section 951(b) of the Internal Revenue Code of 1986) within which or with which such taxable years of such foreign corporations end.

Revises the definition of "shipping income" with respect to the application of the foreign tax credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Education Equity Act of 2003''. SEC. 2. ASSISTANCE PROGRAM AUTHORIZED. Part A of title III of the Higher Education Act of 1965 is amended by inserting after section 317 (20 U.S.C. 1059d) the following new section: ``SEC. 318. NATIVE AMERICAN-SERVING INSTITUTIONS. ``(a) Program Authorized.--The Secretary shall provide grants and related assistance to Native American-serving institutions to enable such institutions to improve and expand their capacity to serve the members of Indian tribes. ``(b) Definitions.--For the purpose of this section-- ``(1) the term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaskan Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, or which is recognized as an Indian tribe by law by any State or the District of Columbia; ``(2) the term `Native American-serving institution' means an institution of higher education that-- ``(A) is an eligible institution under section 312(b); ``(B) is not an eligible institution for purposes of section 316 or 317; and ``(C) at the time of application, has an enrollment of undergraduate students that is at least 15 percent students who are members of one or more Indian tribes. ``(c) Authorized Activities.-- ``(1) Types of activities authorized.--Grants awarded under this section shall be used by Native American-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions' capacity to serve members of one or more Indian tribes. ``(2) Examples of authorized activities.--Such programs may include-- ``(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; ``(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities; ``(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty's field of instruction; ``(D) curriculum development and academic instruction; ``(E) purchase of library books, periodicals, microfilm, and other educational materials; ``(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management; ``(G) joint use of facilities such as laboratories and libraries; and ``(H) academic tutoring and counseling programs and student support services. ``(d) Application Process.-- ``(1) Institutional eligibility.--Each Native American- serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is a Native American-serving institution as defined in subsection (b), along with such other information and data as the Secretary may by regulation require. ``(2) Applications.--Any institution which is determined by the Secretary to be a Native American-serving institution may submit an application for assistance under this section to the Secretary. The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section. Such application shall include-- ``(A) a 5-year plan for improving the assistance provided by the Native American-serving institution to students who are members of one or more Indian tribes; and ``(B) such other information and assurance as the Secretary may require. ``(3) Special rules.-- ``(A) Eligibility.--No Native American-serving institution that receives funds under this section shall concurrently receive funds under other provisions of this part or part B. ``(B) Exemption.--Section 313(d) shall not apply to institutions that are eligible to receive funds under this section. ``(C) Distribution.--In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 399(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1068h(a)(1)) is amended-- (1) in subparagraph (A), by striking ``section 316'' and inserting ``sections 316, 317, and 318''; and (2) by adding at the end the following new subparagraph: ``(D) There are authorized to be appropriated to carry out section 318, $10,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Native American Education Equity Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to establish a program that provides grants and related assistance to certain institutions of higher education (IHEs) serving Native Americans. Makes an IHE eligible for such program if it: (1) is eligible under HEA title III part A general provisions for aid for Strengthening Institutions, but is not eligible for certain programs for American Indian tribally controlled colleges and universities or for Alaska Native and Native Hawaiian-serving institutions; and (2) has an undergraduate enrollment that is at least 15 percent students who are members of Indian tribes (or of Alaska Native villages or regional or village corporations). Sets forth examples of authorized activities to which grants may be applied such as: (1) buying, renting, or leasing scientific equipment for educational purposes; (2) renovating and improving classrooms and libraries; (3) supporting faculty exchanges and faculty fellowships; (4) funds and administrative management; and (5) academic tutoring and counseling programs. Directs the Secretary of Education to create a streamlined format enabling qualified institutions to apply for assistance.

SECTION 1. EXTENDING AVAILABILITY OF SCHIP ALLOTMENTS FOR FISCAL YEARS 1998 THROUGH 2001. (a) Retained and Redistributed Allotments for Fiscal Years 1998 and 1999.--Paragraphs (2)(A)(i) and (2)(A)(ii) of section 2104(g) of the Social Security Act (42 U.S.C. 1397dd(g)) are each amended by striking ``fiscal year 2002'' and inserting ``fiscal year 2004''. (b) Extension and Revision of Retained and Redistributed Allotments for Fiscal Year 2000.-- (1) Permitting and extending retention of portion of fiscal year 2000 allotment.--Paragraph (2) of such section 2104(g) is amended-- (A) in the heading, by striking ``and 1999'' and inserting ``through 2000''; and (B) by adding at the end of subparagraph (A) the following: ``(iii) Fiscal year 2000 allotment.--Of the amounts allotted to a State pursuant to this section for fiscal year 2000 that were not expended by the State by the end of fiscal year 2002, 50 percent of that amount shall remain available for expenditure by the State through the end of fiscal year 2004.''. (2) Redistributed allotments.--Paragraph (1) of such section 2104(g) is amended-- (A) in subparagraph (A), by inserting ``or for fiscal year 2000 by the end of fiscal year 2002,'' after ``fiscal year 2001,''; (B) in subparagraph (A), by striking ``1998 or 1999'' and inserting ``1998, 1999, or 2000''; (C) in subparagraph (A)(i)-- (i) by striking ``or'' at the end of subclause (I), (ii) by striking the period at the end of subclause (II) and inserting ``; or''; and (iii) by adding at the end the following new subclause: ``(III) the fiscal year 2000 allotment, the amount specified in subparagraph (C)(i) (less the total of the amounts under clause (ii) for such fiscal year), multiplied by the ratio of the amount specified in subparagraph (C)(ii) for the State to the amount specified in subparagraph (C)(iii).''; (D) in subparagraph (A)(ii), by striking ``or 1999'' and inserting ``, 1999, or 2000''; (E) in subparagraph (B), by striking ``with respect to fiscal year 1998 or 1999''; (F) in subparagraph (B)(ii)-- (i) by inserting ``with respect to fiscal year 1998, 1999, or 2000,'' after ``subsection (e),''; and (ii) by striking ``2002'' and inserting ``2004''; and (G) by adding at the end the following new subparagraph: ``(C) Amounts used in computing redistributions for fiscal year 2000.--For purposes of subparagraph (A)(i)(III)-- ``(i) the amount specified in this clause is the amount specified in paragraph (2)(B)(i)(I) for fiscal year 2000, less the total amount remaining available pursuant to paragraph (2)(A)(iii); ``(ii) the amount specified in this clause for a State is the amount by which the State's expenditures under this title in fiscal years 2000, 2001, and 2002 exceed the State's allotment for fiscal year 2000 under subsection (b); and ``(iii) the amount specified in this clause is the sum, for all States entitled to a redistribution under subparagraph (A) from the allotments for fiscal year 2000, of the amounts specified in clause (ii).''. (3) Conforming amendments.--Such section 2104(g) is further amended-- (A) in its heading, by striking ``and 1999'' and inserting ``, 1999, and 2000''; and (B) in paragraph (3)-- (i) by striking ``or fiscal year 1999'' and inserting ``, fiscal year 1999, or fiscal year 2000''; and (ii) by striking ``or November 30, 2001'' and inserting ``November 30, 2001, or November 30, 2002'', respectively. (c) Extension and Revision of Retained and Redistributed Allotments for Fiscal Year 2001.-- (1) Permitting and extending retention of portion of fiscal year 2001 allotment.--Paragraph (2) of such section 2104(g), as amended in subsection (b)(1)(B), is further amended-- (A) in the heading, by striking ``2000'' and inserting ``2001''; and (B) by adding at the end of subparagraph (A) the following: ``(iv) Fiscal year 2001 allotment.--Of the amounts allotted to a State pursuant to this section for fiscal year 2001 that were not expended by the State by the end of fiscal year 2003, 50 percent of that amount shall remain available for expenditure by the State through the end of fiscal year 2005.''. (2) Redistributed allotments.--Paragraph (1) of such section 2104(g), as amended in subsection (b)(2), is further amended-- (A) in subparagraph (A), by inserting ``or for fiscal year 2001 by the end of fiscal year 2003,'' after ``fiscal year 2002,''; (B) in subparagraph (A), by striking ``1999, or 2000'' and inserting ``1999, 2000, or 2001''; (C) in subparagraph (A)(i)-- (i) by striking ``or'' at the end of subclause (II), (ii) by striking the period at the end of subclause (III) and inserting ``; or''; and (iii) by adding at the end the following new subclause: ``(IV) the fiscal year 2001 allotment, the amount specified in subparagraph (D)(i) (less the total of the amounts under clause (ii) for such fiscal year), multiplied by the ratio of the amount specified in subparagraph (D)(ii) for the State to the amount specified in subparagraph (D)(iii).''; (D) in subparagraph (A)(ii), by striking ``or 2000'' and inserting ``2000, or 2001''; (E) in subparagraph (B)-- (i) by striking ``and'' at the end of clause (ii); (ii) by redesignating clause (iii) as clause (iv); and (iii) by inserting after clause (ii) the following new clause: ``(iii) notwithstanding subsection (e), with respect to fiscal year 2001, shall remain available for expenditure by the State through the end of fiscal year 2005; and''; and (F) by adding at the end the following new subparagraph: ``(D) Amounts used in computing redistributions for fiscal year 2001.--For purposes of subparagraph (A)(i)(IV)-- ``(i) the amount specified in this clause is the amount specified in paragraph (2)(B)(i)(I) for fiscal year 2001, less the total amount remaining available pursuant to paragraph (2)(A)(iv); ``(ii) the amount specified in this clause for a State is the amount by which the State's expenditures under this title in fiscal years 2001, 2002, and 2003 exceed the State's allotment for fiscal year 2001 under subsection (b); and ``(iii) the amount specified in this clause is the sum, for all States entitled to a redistribution under subparagraph (A) from the allotments for fiscal year 2001, of the amounts specified in clause (ii).''. (3) Conforming amendments.--Such section 2104(g) is further amended-- (A) in its heading, by striking ``and 2000'' and inserting ``2000, and 2001''; and (B) in paragraph (3)-- (i) by striking ``or fiscal year 2000'' and inserting ``fiscal year 2000, or fiscal year 2001''; and (ii) by striking ``or November 30, 2002,'' and inserting ``November 30, 2002, or November 30, 2003,'', respectively. (d) Effective Date.--This section, and the amendments made by this section, shall be effective as if this section had been enacted on September 30, 2002, and amounts under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) from allotments for fiscal years 1998 through 2000 are available for expenditure on and after October 1, 2002, under the amendments made by this section as if this section had been enacted on September 30, 2002. Passed the House of Representatives June 26, 2003. Attest: JEFF TRANDAHL, Clerk.

Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to revise the special rule for the redistribution and availability of unexpended FY1998 and 1999 SCHIP allotments, including to: (1) extend the availability of FY 1998 and 1999 reallocated funds through FY 2004; and (2) permit 50 percent of the total amount of unexpended FY 2000 and 2001 SCHIP allotments that remain available to a State through the end of FY 2002 and 2003 to remain available for expenditure by the State through the end of FY 2004 and 2005, respectively.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Future of American Innovation and Research Act of 2013'' or the ``FAIR Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``covered trade secret'' means a trade secret that is related to or included in a product or service that is used in or reasonably anticipated to be used in interstate or foreign commerce; (2) the term ``improper means''-- (A) includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, and espionage through electronic or other means; and (B) does not include reverse engineering or independent derivation alone; (3) the term ``misappropriate'' means-- (A) to acquire a trade secret of another by improper means, if the person who acquires the trade secret knows or has reason to know that the acquisition is by improper means; or (B) to disclose or use a trade secret of another without express or implied consent, if the person who discloses or uses the trade secret-- (i) used improper means to acquire knowledge of the trade secret; or (ii) at the time of the disclosure or use, knows or has reason to know that his or her knowledge of the trade secret was-- (I) derived from or through a person who used improper means to acquire the trade secret; (II) acquired under circumstances giving rise to a duty to maintain the secrecy, or limit the use, of the trade secret; or (III) derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy, or limit the use, of the trade secret; (4) the term ``person'' means a natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity; and (5) the term ``trade secret'' means any information, including a formula, pattern, compilation, program, device, method, technique, or process, that-- (A) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, the public or other persons who can obtain economic value from the disclosure or use of the information; and (B) is the subject of efforts that are reasonable under the circumstances to maintain the secrecy of the information. SEC. 3. CIVIL ACTION. (a) In General.--The owner or lawful possessor of a covered trade secret may bring a civil action against a person who misappropriates, threatens to misappropriate, or conspires to misappropriate the covered trade secret-- (1) while located outside the territorial jurisdiction of the United States; or (2) on behalf of, or for the benefit of, a person located outside the territorial jurisdiction of the United States. (b) Federal Court Jurisdiction.--The district courts of the United States shall have exclusive jurisdiction of a civil action under this Act. (c) Extraterritoriality.--A civil action under this Act may arise from conduct outside the territorial jurisdiction of the United States if the conduct, either by itself or in combination with conduct within the territorial jurisdiction of the United States, causes or is reasonably anticipated to cause an injury-- (1) within the territorial jurisdiction of the United States; or (2) to a United States person. SEC. 4. REMEDIES. In a civil action brought under this Act, a court may-- (1) issue-- (A) an order for appropriate injunctive relief against any conduct described in section 3(a); (B) an order requiring affirmative actions to be taken to protect a covered trade secret from further misappropriation; and (C) if the court determines that it would be unreasonable to prohibit further possession, disclosure, or use of a covered trade secret, an order requiring payment of a reasonable royalty for any ongoing disclosure or use of a covered trade secret, in addition to the damages described in paragraph (2); (2) award-- (A) damages for actual loss caused by the misappropriation of a covered trade secret; and (B) damages for any unjust enrichment caused by the misappropriation of a covered trade secret that is not addressed in computing damages for actual loss under subparagraph (A); (3) if a trade secret is willfully or maliciously misappropriated, award punitive or exemplary damages in an amount not more than twice the amount of the damages awarded under paragraph (2); and (4) if a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or opposed in bad faith, or a trade secret is willfully or maliciously misappropriated, award reasonable costs and attorney's fees to the prevailing party. SEC. 5. PROCEDURE. (a) Pleadings.-- (1) Complaint.--A complaint filed in a civil action brought under this Act shall include a sworn representation by the plaintiff that the dispute involves conduct described in section 3(a). (2) Affirmative defense.--It shall be an affirmative defense in a civil action brought under this Act that each alleged covered trade secret in dispute was readily ascertainable through proper means by other persons who did not already know the covered trade secret at the time of any alleged misappropriation, threat to misappropriate, or conspiracy to misappropriate. (b) Forum Non Conveniens.--In considering a motion to dismiss or stay on forum non conveniens grounds filed in a civil action brought under this Act, a court shall-- (1) give great weight to the plaintiff's choice of forum; and (2) consider whether the plaintiff reasonably could receive fair and impartial treatment in the courts of the jurisdiction in which the defendant is domiciled. (c) Anti-Suit Injunctions.--In a civil action brought under this Act, the court may enter an injunction enjoining a defendant over whom the court has personal jurisdiction from pursuing subsequently filed litigation in another jurisdiction if-- (1) the parties are the same in both matters; (2) the resolution of the case before the enjoining court will be dispositive of the action to be enjoined; and (3) the action in the other jurisdiction threatens the jurisdiction of the court or the purposes of this Act. (d) Confidentiality.--In any proceeding relating to a civil action brought under this Act, the court shall enter any order and take any other action that is necessary and appropriate to preserve the confidentiality of trade secrets, consistent with the requirements of the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and all other applicable laws. (e) Statute of Limitations.--A civil action brought under this Act may not be commenced later than 3 years after the date on which the conduct described in section 3(a) that forms the basis for the action was discovered or by the exercise of reasonable diligence should have been discovered. SEC. 6. SEIZURES. (a) In General.--In a civil action brought under this Act, the court may, upon ex parte application and if the requirements under subsection (b) are satisfied, issue an order (referred to in this section as a ``seizure order'') providing for-- (1) the seizure of any property (including computers) used, in any manner or part, to commit or facilitate the commission of conduct described in section 3(a) that is alleged in the civil action; and (2) the preservation of evidence in the civil action. (b) Requirements.--A court may issue a seizure order if-- (1) the applicant provides security in an amount that the court determines is adequate to pay any damages a person may be entitled to recover as a result of a wrongful seizure or wrongful attempted seizure under this section; and (2) the court finds that specific facts clearly show that-- (A) any order other than an ex parte seizure order is not adequate to effectively cause the cessation of the conduct described in section 3(a) that forms the basis of the action; (B) the applicant has not publicized the requested seizure; (C) the applicant is likely to succeed in showing that the person against whom seizure is sought misappropriated, threatened to misappropriate, or conspired to misappropriate a covered trade secret of which the applicant is the owner or lawful possessor; (D) the applicant will suffer an immediate and irreparable injury if a seizure is not ordered; (E) the matter to be seized is located at the place identified in the application; (F) the harm to the applicant that would be caused by denying the application outweighs the harm to the legitimate interests of the person against whom seizure is sought that would be caused by granting the application; and (G) if the applicant were to proceed on notice to the person against whom seizure is sought, that person, or persons acting in concert with that person, would destroy, move, hide, or otherwise make the matter to be seized inaccessible to the court. (c) Procedure.--A seizure order shall-- (1) direct that service of a copy of the seizure order shall be made by a Federal law enforcement officer (such as a United States marshal), who, upon making service, shall carry out the seizure under the seizure order; (2) direct that any items seized shall be taken into the custody of the court; (3) include a protective order with respect to items seized, to ensure that confidential, private, proprietary, or privileged information contained in the items seized, including any such information belonging to the defendant and third parties, is appropriately protected and that access to the items seized is appropriately restricted; and (4) specify a hearing date, not earlier than 3 days and not later than 10 days after the seizure order is issued, for the court to review whether the items seized should remain in the custody of the court. (d) Order Under Seal.-- (1) In general.--Except as provided under paragraph (2), a seizure order, together with any supporting documents, shall be sealed until the person against whom the seizure order is directed has an opportunity to contest the seizure order. (2) Access after seizure.--A court shall allow a person against whom a seizure order is directed to have access to the seizure order and any supporting documents after the seizure is carried out. (e) Seizure Hearing.-- (1) Date.--A court that issues a seizure order shall hold a hearing under this subsection on the date set by the court under subsection (c)(4) unless a party shows good cause for setting a different date. (2) Burden of proof.--At a hearing under this subsection, the party that obtained the seizure order shall have the burden of proving that the factual and legal grounds necessary to support the seizure order are still in effect. (3) Dissolution or modification of order.--If a party fails to meet the burden specified under paragraph (2), the court shall dissolve or modify the seizure order appropriately. (4) Discovery time limits.--The court may issue an order modifying the time limits for discovery under the Federal Rules of Civil Procedure as necessary to prevent the frustration of the purposes of a hearing under this subsection. (f) Injured Party.-- (1) Cause of action.--A party that is injured by a seizure carried out in a civil action brought under this Act and that prevails in the civil action may bring a civil action under this subsection against the applicant for the seizure order in a district court of the United States. (2) Remedies.--A party that prevails in a civil action brought under this subsection shall recover-- (A) reasonable costs and attorney's fees incurred in defense against the seizure order described in paragraph (1) unless the court finds that extenuating circumstances merit denying such costs and fees; and (B) lost profits and punitive damages if the seizure order described in paragraph (1) was sought in bad faith.

Future of American Innovation and Research Act of 2013 or the FAIR Act - Authorizes the owner or lawful possessor of a covered trade secret (that is related to or included in a product or service that is used in or reasonably anticipated to be used in interstate or foreign commerce) to bring a civil action in a U.S. district court against a person (including a legal or commercial entity) who misappropriates, threatens to misappropriate, or conspires to misappropriate such trade secret: (1) while located outside the territorial jurisdiction of the United States; or (2) on behalf of, or for the benefit of, a person located outside such territorial jurisdiction. Defines "misappropriate" as the acquisition or disclosure of a trade secret under specified circumstances through improper means, including theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, and espionage through electronic means. Excludes reverse engineering or independent derivation from the categories of improper means when such activity alone is the only alleged conduct. Permits an action to arise from conduct outside the territorial jurisdiction of the United States if the conduct, either by itself or in combination with conduct within the territorial jurisdiction of the United States, causes or is reasonably anticipated to cause an injury: (1) within the territorial jurisdiction of the United States, or (2) to a U.S. person. Provides for an affirmative defense to such an action if each alleged trade secret in dispute was readily ascertainable through proper means by other persons who did not already know the trade secret at the time of the alleged conduct. Authorizes a court, upon an ex parte application, to order the seizure of any property used to commit or facilitate specified conduct alleged in the civil action.

SECTION 1. ELIMINATION OF REMAINDER OF SCHIP FUNDING SHORTFALLS FOR FISCAL YEAR 2007. (a) In General.--Section 2104(h) of the Social Security Act (42 U.S.C. 1397dd(h)), as added by section 201(a) of the National Institutes of Health Reform Act of 2006, is amended-- (1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; (2) by inserting after paragraph (3), the following: ``(4) Additional amounts to eliminate remainder of fiscal year 2007 funding shortfalls.-- ``(A) Allotment authority.--From the amounts made available under subparagraph (D) for additional allotments under this paragraph, subject to subparagraph (C), the Secretary shall allot to each remaining shortfall State described in subparagraph (B) such amount as the Secretary determines will eliminate the estimated shortfall described in such subparagraph for the State for fiscal year 2007. ``(B) Remaining shortfall state described.--For purposes of subparagraph (A), a remaining shortfall State is a State with a State child health plan approved under this title for which the Secretary estimates, on the basis of the most recent data available to the Secretary as of March 31, 2007, that the projected Federal expenditures under such plan for the State for fiscal year 2007 will exceed the sum of-- ``(i) the amount of the State's allotments for each of fiscal years 2005 and 2006 that will not be expended by the end of fiscal year 2006; ``(ii) the amount of the State's allotment for fiscal year 2007; and ``(iii) the amounts, if any, that are to be redistributed to the State during fiscal year 2007 in accordance with paragraphs (1) and (2). ``(C) Proration rule.--If the amount available under subparagraph (D) is less than the total amount of the estimated shortfalls determined by the Secretary under subparagraph (A), the amount of the allotment for each remaining shortfall State determined under such subparagraph shall be reduced proportionally. ``(D) Appropriation; allotment authority.--For the purpose of providing additional allotments to remaining shortfall States under this paragraph there is appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary for fiscal year 2007, not to exceed $750,000,000. Amounts appropriated pursuant to the preceding sentence are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).''. (b) Conforming Amendments.--Such section is further amended-- (1) in paragraph (1)(B), by striking ``paragraph (4)(B)'' and inserting ``paragraph (5)(B)''; (2) in paragraph (2)-- (A) in the paragraph heading, by striking ``remainder of reduction'' and inserting ``part''; (B) in subparagraph (A), by striking ``paragraph (5)(B)'' and inserting ``paragraph (6)(B)''; and (C) in subparagraph (B), by striking ``paragraph (4)(B)'' and inserting ``paragraph (5)(B)''; (3) in paragraph (5) (as redesignated by subsection (a)(1))-- (A) in subparagraph (A), by inserting ``or allotted'' after ``redistributed''; and (B) in subparagraph (B)-- (i) by inserting ``or allotted'' after ``redistributed''; (ii) by striking ``To the'' and inserting the following: ``(i) In general.--Subject to clause (ii), to the''; and (iii) by adding at the end the following new clause: ``(ii) Exception for remaining shortfall states with lowest third ranking of uninsured children.--Only with respect to the amounts allotted under paragraph (4) to a remaining shortfall State described in subparagraph (B) of such paragraph, clause (i) shall not apply to any such State that, on the basis of the most recent American Community Survey of the Bureau of the Census (or, until such data is available, on the basis of the 3 most recent Annual Social and Economic Supplements of the Current Population Survey of the Bureau of the Census), ranks in the lowest \1/3\ of States in terms of the State's percentage of low-income children without health insurance.''; (4) in subparagraph (6)(A) (as so redesignated), by striking ``and (3)'' and inserting ``(3), and (4)''; and (5) in paragraph (7) (as so redesignated)-- (A) in the first sentence-- (i) by inserting ``or allotted'' after ``redistributed''; and (ii) by inserting ``or allotments'' after ``redistributions''; and (B) in the second sentence, by striking ``and (3), in accordance with paragraph (5)'' and inserting ``(3), and (4) in accordance with paragraph (6)''. SEC. 2. EXTENSION OF SSI ASSET VERIFICATION DEMONSTRATION TO MEDICAID. (a) In General.--Subject to subsection (b), the Secretary of Health and Human Services shall collaborate with the Commissioner of Social Security to provide for the use, for purposes of verifying financial eligibility for medical assistance under State plans under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), of the system administered by the Commissioner (under section 1631(e)(1)(B)(ii) of such Act (42 U.S.C. 1383(e)(1)(B)(ii)) under which the Commissioner may obtain information held by financial institutions in order to verify eligibility for benefits under title XVI of such Act (42 U.S.C. 1381 et seq.). (b) Limitation.--For purposes of this section, use of the system described in subsection (a), and the information obtained through such system, shall be limited to determinations of eligibility for medical assistance in States in which such system is being used by the Commissioner to verify eligibility for benefits under such title XVI. (c) Sharing by Commissioner of Information Obtained From Financial Institutions.--Notwithstanding the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.) or any other provision of law, information obtained by the Commissioner from financial institutions under the system described in subsection (a) may, for purposes of carrying out this section, be shared with the agencies of States specified in subsection (b) which are administering the plans of such States under title XIX of the Social Security Act.

Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to provide additional amounts to eliminate the remainder of SCHIP funding shortfalls for FY2007. Directs the Secretary of Health and Human Services, in order to verify SSA title XIX (Medicaid) financial eligibility, to collaborate with the Commissioner of Social Security for use of the system for obtaining financial institution information to verify eligibility for SSA title XVI (Supplemental Security Income) (SSI) benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Goods Job Growth and Competitiveness Act of 2001''. SEC. 2. STATUTE OF REPOSE FOR DURABLE GOODS USED IN A TRADE OR BUSINESS. (a) In General.--Except as otherwise provided in this Act-- (1) no civil action may be filed against the manufacturer or seller of a durable good for damage to property arising out of an accident involving that durable good if the accident occurred more than 18 years after the date on which the durable good was delivered to its first purchaser or lessee; and (2) no civil action may be filed against the manufacturer or seller of a durable good for damages for death or personal injury arising out of an accident involving that durable good if the accident occurred more than 18 years after the date on which the durable good was delivered to its first purchaser or lessee and if-- (A) the claimant has received or is eligible to receive worker compensation; and (B) the injury does not involve a toxic harm (including, but not limited to, any asbestos-related harm). (b) Exceptions.-- (1) In general.--A motor vehicle, vessel, aircraft, or train, that is used primarily to transport passengers for hire shall not be subject to this Act. (2) Certain express warranties.--This Act does not bar a civil action against a defendant who made an express warranty in writing as to the safety or life expectancy of a specific product which was longer than 18 years, except that this Act shall apply at the expiration of that warranty. (3) Aviation limitations period.--This Act does not affect the limitations period established by the General Aviation Revitalization Act of 1994 (49 U.S.C. 40101 note). (4) Actions involving the environment.--Subsection (a)(1) does not supersede or modify any statute or common law that authorizes an action for civil damages, cost recovery, or any other form of relief for remediation of the environment (as defined in section 101(8) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(8)). (c) Effect on State Law; Preemption.--Subject to subsection (b), this Act preempts and supersedes any State law that establishes a statute of repose to the extent such law applies to actions covered by this Act. Any action not specifically covered by this Act shall be governed by applicable State law. (d) Transitional Provision Relating to Extension of Repose Period.--To the extent that this Act shortens the period during which a civil action could be otherwise brought pursuant to another provision of law, the claimant may, notwithstanding this Act, bring the action not later than 1 year after the date of the enactment of this Act. SEC. 3. DEFINITIONS. In this Act: (1) Claimant.--The term ``claimant'' means any person who brings an action covered by this Act and any person on whose behalf such an action is brought. If such an action is brought through or on behalf of an estate, the term includes the claimant's decedent. If such an action is brought through or on behalf of a minor or incompetent, the term includes the claimant's legal guardian. (2) Durable good.--The term ``durable good'' means any product, or any component of any such product, which-- (A)(i) has a normal life expectancy of 3 or more years; or (ii) is of a character subject to allowance for depreciation under the Internal Revenue Code of 1986; and (B) is-- (i) used in a trade or business; (ii) held for the production of income; or (iii) sold or donated to a governmental or private entity for the production of goods, training, demonstration, or any other similar purpose. (3) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, any other territory or possession of the United States, and any political subdivision of any of the foregoing. SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT. (a) Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act without regard to whether the damage to property or death or personal injury at issue occurred before such date of enactment. (b) Application of Act.--This Act shall not apply with respect to civil actions commenced before the date of the enactment of this Act.

Workplace Goods Job Growth and Competitiveness Act of 2001 - Prohibits the filing of a civil action against a manufacturer or seller of a durable good (except a motor vehicle, vessel, aircraft, or train that is used primarily to transport passengers for hire) more than 18 years after it was delivered to its first purchaser or lessee for: (1) damage to property arising out of an accident involving such good; or (2) damages for death or personal injury arising out of an accident involving such good if the claimant has received or is eligible to receive worker compensation and the injury does not involve a toxic harm (including, but not limited to, all asbestos-related harm). Declares that this Act: (1) shall not bar an action against a defendant who made an express warranty in writing as to the safety or life expectancy of a specific product which was longer than 18 years (except that this Act shall apply at the expiration of such warranty); and (2) does not supersede or modify any statute or common law that authorizes an action for civil damages, cost recovery, or any other form of relief for remediation of the environment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long Island Sound Restoration and Stewardship Act''. SEC. 2. AMENDMENTS. (a) Long Island Sound Restoration Program.--Section 119 of the Federal Water Pollution Control Act (33 U.S.C. 1269) is amended-- (1) in subsection (b), by striking the subsection designation and heading and all that follows through ``The Office shall'' and inserting the following: ``(b) Office.-- ``(1) Establishment.--The Administrator shall-- ``(A) continue to carry out the conference study; and ``(B) establish an office, to be located on or near Long Island Sound. ``(2) Administration and staffing.--The Office shall''; (2) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``Management Conference of the Long Island Sound Study'' and inserting ``conference study''; (B) in paragraph (2)-- (i) in each of subparagraphs (A) through (G), by striking the commas at the end of the subparagraphs and inserting semicolons; (ii) in subparagraph (H), by striking ``, and'' and inserting a semicolon; (iii) in subparagraph (I), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: ``(J) environmental impacts on the Long Island Sound watershed, including-- ``(i) the identification and assessment of vulnerabilities in the watershed; ``(ii) the development and implementation of adaptation strategies to reduce those vulnerabilities; and ``(iii) the identification and assessment of the impacts of sea level rise on water quality, habitat, and infrastructure in Long Island Sound; and ``(K) planning initiatives for Long Island Sound that identify the areas that are most suitable for various types or classes of activities in order to reduce conflicts among uses, reduce environmental impacts, facilitate compatible uses, or preserve critical ecosystem services to meet economic, environmental, security, or social objectives;''; (C) by striking paragraph (4) and inserting the following: ``(4) develop and implement strategies to increase public education and awareness with respect to the ecological health and water quality conditions of Long Island Sound;''; (D) in paragraph (5), by inserting ``study'' after ``conference''; (E) in paragraph (6)-- (i) by inserting ``(including on the Internet)'' after ``the public''; and (ii) by inserting ``study'' after ``conference''; and (F) by striking paragraph (7) and inserting the following: ``(7) monitor the progress made toward meeting the identified goals, actions, and schedules of the Comprehensive Conservation and Management Plan, including through the implementation and support of a monitoring system for the ecological health and water quality conditions of Long Island Sound; and''; (3) in subsection (d)(3), in the second sentence, by striking ``50 per centum'' and inserting ``60 percent''; (4) by redesignating subsection (f) as subsection (i); and (5) by inserting after subsection (e) the following: ``(f) Report.-- ``(1) In general.--Not later than 2 years after the date of enactment of the Long Island Sound Restoration and Stewardship Act, and biennially thereafter, the Director of the Office, in consultation with the Governor of each Long Island Sound State, shall submit to Congress a report that-- ``(A) summarizes and assesses the progress made by the Office and the Long Island Sound States in implementing the Long Island Sound Comprehensive Conservation and Management Plan, including an assessment of the progress made toward meeting the performance goals and milestones contained in the Plan; ``(B) assesses the key ecological attributes that reflect the health of the ecosystem of the Long Island Sound watershed; ``(C) describes any substantive modifications to the Long Island Sound Comprehensive Conservation and Management Plan made during the 2-year period preceding the date of submission of the report; ``(D) provides specific recommendations to improve progress in restoring and protecting the Long Island Sound watershed, including, as appropriate, proposed modifications to the Long Island Sound Comprehensive Conservation and Management Plan; ``(E) identifies priority actions for implementation of the Long Island Sound Comprehensive Conservation and Management Plan for the 2-year period following the date of submission of the report; and ``(F) describes the means by which Federal funding and actions will be coordinated with the actions of the Long Island Sound States and other entities. ``(2) Public availability.--The Administrator shall make the report described in paragraph (1) available to the public, including on the Internet. ``(g) Annual Budget Plan.--The President shall submit, together with the annual budget of the United States Government submitted under section 1105(a) of title 31, United States Code, information regarding each Federal department and agency involved in the protection and restoration of the Long Island Sound watershed, including-- ``(1) an interagency crosscut budget that displays for each department and agency-- ``(A) the amount obligated during the preceding fiscal year for protection and restoration projects and studies relating to the watershed; ``(B) the estimated budget for the current fiscal year for protection and restoration projects and studies relating to the watershed; and ``(C) the proposed budget for succeeding fiscal years for protection and restoration projects and studies relating to the watershed; and ``(2) a summary of any proposed modifications to the Long Island Sound Comprehensive Conservation and Management Plan for the following fiscal year. ``(h) Federal Entities.-- ``(1) Coordination.--The Administrator shall coordinate the actions of all Federal departments and agencies that impact water quality in the Long Island Sound watershed in order to improve the water quality and living resources of the watershed. ``(2) Methods.--In carrying out this section, the Administrator, acting through the Director of the Office, may-- ``(A) enter into interagency agreements; and ``(B) make intergovernmental personnel appointments. ``(3) Federal participation in watershed planning.--A Federal department or agency that owns or occupies real property, or carries out activities, within the Long Island Sound watershed shall participate in regional and subwatershed planning, protection, and restoration activities with respect to the watershed. ``(4) Consistency with comprehensive conservation and management plan.--To the maximum extent practicable, the head of each Federal department and agency that owns or occupies real property, or carries out activities, within the Long Island Sound watershed shall ensure that the property and all activities carried out by the department or agency are consistent with the Long Island Sound Comprehensive Conservation and Management Plan (including any related subsequent agreements and plans).''. (b) Long Island Sound Stewardship Program.-- (1) Long island sound stewardship advisory committee.-- Section 8 of the Long Island Sound Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-359) is amended-- (A) in subsection (g), by striking ``2011'' and inserting ``2018''; and (B) by adding at the end the following: ``(h) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to-- ``(1) the Advisory Committee; or ``(2) any board, committee, or other group established under this Act.''. (2) Reports.--Section 9(b)(1) of the Long Island Sound Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109- 359) is amended in the matter preceding subparagraph (A) by striking ``2011'' and inserting ``2018''. (3) Authorization.--Section 11 of the Long Island Sound Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109- 359) is amended-- (A) by striking subsection (a); (B) by redesignating subsections (b) through (d) as subsections (a) through (c), respectively; and (C) in subsection (a) (as so redesignated), by striking ``under this section each'' and inserting ``to carry out this Act for a''. (4) Effective date.--The amendments made by this subsection take effect on October 1, 2011. SEC. 3. REAUTHORIZATION. (a) In General.--There are authorized to be appropriated to the Administrator of the Environmental Protection Agency such sums as are necessary for each of fiscal years 2014 through 2018 for the implementation of-- (1) section 119 of the Federal Water Pollution Control Act (33 U.S.C. 1269), other than subsection (d) of that section; and (2) the Long Island Sound Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-359). (b) Long Island Sound Grants.--There is authorized to be appropriated to the Administrator of the Environmental Protection Agency to carry out subsection (d) of section 119 of the Federal Water Pollution Control Act (33 U.S.C. 1269) $40,000,000 for each of fiscal years 2014 through 2018. (c) Long Island Sound Stewardship Grants.--There is authorized to be appropriated to the Administrator of the Environmental Protection Agency to carry out the Long Island Sound Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-359) $25,000,000 for each of fiscal years 2014 through 2018.

Long Island Sound Restoration and Stewardship Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to expand the duties of the Office of Management Conference of the Long Island Sound Study by requiring the Office to: (1) conduct or commission studies to strengthen the implementation of the Comprehensive Conservation and Management Plan for the Long Island Sound, including studies on environmental impacts on the Sound watershed and studies on planning initiatives for the Sound that identify the areas that are most suitable for various types of activities in order to reduce conflicts among uses, reduce environmental impacts, facilitate compatible uses, or preserve critical ecosystem services to meet economic, environmental, security, or social objectives; (2) develop and implement strategies to increase public education and awareness with respect to the ecological health and water quality conditions of the Sound; (3) make publicly available on the Internet information relating to the environmental quality of the Sound; and (4) monitor the progress made toward meeting the identified goals, actions, and schedules of the Plan. Limits the federal share for grants for projects and studies which will help implement the Plan, other than citizen involvement and citizen involvement grants, to 60%. Requires the Office's Director to submit a report that includes: (1) an assessment of the progress made by the Office and the Long Island Sound states in implementing the plan, (2) an assessment of the key ecological attributes that reflect the health of the ecosystem of the Sound watershed, (3) a description of any substantive modifications to the Plan made during the preceding two years, (4) recommendations to improve progress in restoring and protecting the Sound watershed, (5) priority actions for implementation of the Plan for the next two years, and (6) a description of the means by which federal funding and actions will be coordinated with the actions of the Long Island Sound states and other entities. Requires the President to submit, together with the annual U.S. budget, information regarding each federal agency involved in the protection and restoration of the Sound watershed. Requires the Administrator of the Environmental Protection Agency Act (EPA) to coordinate the actions of federal agencies that impact water quality in the Sound watershed to improve the water quality and living resources of the watershed. Requires a federal agency that owns or occupies real property, or carries out activities, within the Sound watershed to: (1) participate in regional and subwatershed planning, protection, and restoration activities with respect to the watershed; and (2) ensure that the property and activities carried out by the agency are consistent with the Plan. Amends the Long Island Sound Stewardship Act of 2006 to terminate the Long Island Sound Stewardship Advisory Committee on December 31, 2018 (currently 2011). Extends reporting requirements by requiring the Advisory Committee to submit to the Administrator and the decision making body of the Long Island Sound Study Management Conference an annual report through FY2018 on stewardship sites. Makes the amendments to such Act become effective on October 1, 2011. Extends through FY2018 the authorization of appropriations to the Administrator for the implementation of the Management Conference of the Long Island Sound Study, the Long Island Sound Stewardship Act of 2006, the Long Island Sound Grants, and Long Island Sound Stewardship Grants.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freight Rail Infrastructure Capacity Expansion Act of 2009''. SEC. 2. CREDIT FOR FREIGHT RAIL INFRASTRUCTURE CAPACITY EXPANSION PROPERTY. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45R. FREIGHT RAIL CAPACITY EXPANSION CREDIT. ``(a) General Rule.--For purposes of section 38, the freight rail capacity expansion credit determined under this section for the taxable year is an amount equal to 25 percent of the cost of the following property placed in service during the taxable year: ``(1) New qualified freight rail infrastructure property. ``(2) Qualified locomotive property. ``(b) New Qualified Freight Rail Infrastructure Property.--For purposes of this section-- ``(1) In general.--The term `new qualified freight rail infrastructure property' means qualified freight rail infrastructure property-- ``(A) the construction or erection (or in the case of bridges and tunnels, any eligible bridge or tunnel replacement or expansion pursuant to paragraph (2)) of which is completed after the effective date of this section, or ``(B) which is acquired by the taxpayer after such date, but only if the original use of such property commences with the taxpayer. ``(2) Exception for property replacing property at existing location.--The term `new qualified freight rail infrastructure property' does not include property which is replacing existing qualified freight rail infrastructure property if the replacement property is located at the site of the existing property. The preceding sentence shall not apply to the replacement or expansion of a bridge or tunnel to allow for additional clearance, track, or other capacity enhancement where such clearance, track, or other capacity enhancement did not previously exist. ``(3) Qualified freight rail infrastructure property.-- ``(A) In general.--The term `qualified freight rail infrastructure property' means property, whether or not owned by a railroad, used in the movement of freight by rail-- ``(i) the cost of which is chargeable to capital account (determined without regard to section 179F), and ``(ii) which constitutes-- ``(I) railroad grading or tunnel bore (as defined in section 168(e)(4)), ``(II) tunnels or subways, ``(III) track, including ties, rails, ballast, or other track material, ``(IV) bridges, trestles, culverts, or other elevated or submerged structures, ``(V) terminals, yards, roadway buildings, fuel stations, or railroad wharves or docks, including fixtures attached thereto, and equipment used exclusively therein, ``(VI) railroad signal, communication, or other operating systems, including components of such systems that must be installed on locomotives or other rolling stock, or ``(VII) intermodal transfer or transload facilities or terminals, including fixtures attached thereto, and equipment used exclusively therein. ``(B) Exclusions.--The term `qualified freight rail infrastructure property' shall not include-- ``(i) land, ``(ii) rolling stock, including locomotives, or ``(iii) property used predominantly outside the United States, except that this clause shall not apply to any property described in section 168(g)(4). ``(c) Qualified Locomotive Property.-- ``(1) In general.--For purposes of this section, the term `qualified locomotive property' means a locomotive, whether or not owned by a railroad, which-- ``(A) is acquired by the taxpayer after the effective date of this section, but only if the original use of such property commences with the taxpayer, ``(B) is owned by, or leased to, a taxpayer which meets the capacity expansion requirement of paragraph (2) for the taxable year in which the locomotive is placed in service, and ``(C) meets the Environmental Protection Agency's emission standards for locomotives and locomotive engines as in effect on December 31, 2006. ``(2) Capacity expansion requirement.--A taxpayer meets the requirements of this paragraph with respect to any locomotive only if, on the last day of the taxable year in which such locomotive is placed in service, the total horsepower of all locomotives owned by, or leased to, the taxpayer exceeds the total horsepower of all locomotives owned by, or leased to, the taxpayer on the last day of the preceding taxable year. A determination under this paragraph shall be made pursuant to such reports as the Secretary, in consultation with the Surface Transportation Board, may prescribe. ``(3) Special rule for the leasing of locomotives.--In the case of the leasing of locomotives, total horsepower under paragraph (2) shall be determined with respect to all locomotives owned by, or leased to, the lessee. ``(d) Other Definitions and Special Rules.-- ``(1) Definitions.--For purposes of this section-- ``(A) Railroad signal, communication, or other operating system.--The term `railroad signal, communication, or other operating system' means an appliance, method, device, or system (including hardware and software) which is used to operate a railroad or to improve safety or capacity of railroad operations, including a signal, an interlocker, an automatic train stop, or a train control or cab-signal device. ``(B) Intermodal transfer or transload facility or terminal.--The term `intermodal transfer or transload facility or terminal' means a facility or terminal primarily utilized in the transfer of freight between rail and any other mode of transportation. ``(2) Coordination with other credits.--The cost of any property taken into account in determining the credit under this section may not be taken into account in determining a credit under any other provision of this title. ``(3) Basis adjustment.--If a credit is determined under this section with respect to the cost of any qualified freight rail infrastructure property or qualified locomotive property, the basis of such property shall be reduced by the amount of the credit so determined. ``(4) Sale-leasebacks.--If qualified freight rail infrastructure property or qualified locomotive property is-- ``(A) originally placed in service by a person after the effective date of this section, and ``(B) sold and leased back by such person within 3 months after the property is originally placed in service (or, in the case of multiple units of property subject to the same lease, within 3 months after the date the final unit is placed in service, so long as the period between the time the first unit is placed in service and the time the last unit is placed in service does not exceed 12 months), such property shall be treated as originally placed in service not earlier than the date on which such property is used under the lease referred to in subparagraph (B). ``(5) Recapture.--The benefit of any credit allowable under subsection (a) shall, under regulations prescribed by the Secretary, be recaptured with respect to any qualified locomotive property that is sold or otherwise disposed of by the taxpayer during the 5-year period beginning on the date on which such property is originally placed in service. The preceding sentence shall not apply to locomotive property that is sold by and subsequently leased back to the taxpayer. ``(e) Termination.--This section shall not apply to any property placed in service after December 31, 2015.''. (b) Credit Allowed as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the freight rail capacity expansion credit determined under section 45R.''. (c) Coordination With Section 55.--Section 38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (vii), by striking the period at the end of clause (viii) and inserting ``, and'', and by adding at the end the following new clause: ``(ix) for taxable years ending after the effective date of this clause, the credit determined under section 45R.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45Q the following new item: ``Sec. 45R. Freight rail capacity expansion credit.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2009. SEC. 3. EXPENSING OF FREIGHT RAIL INFRASTRUCTURE PROPERTY. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179E the following new section: ``SEC. 179F. ELECTION TO EXPENSE QUALIFIED FREIGHT RAIL INFRASTRUCTURE PROPERTY. ``(a) Allowance of Deduction.-- ``(1) In general.--A taxpayer may elect to treat any amount paid or incurred for the acquisition, construction, or erection of qualified freight rail infrastructure property (as defined in section 45R(b)(3)) as an amount not chargeable to capital account. Any amount so treated shall be allowed as a deduction for the taxable year in which such property was placed in service. ``(2) Coordination with credit.--The amount to which the election under paragraph (1) applies with respect to any property shall be reduced by an amount equal to the amount of any reduction in the basis of the property under section 45R(d)(3). ``(b) Election.--An election under subsection (a) shall be made, with respect to each class of property for each taxable year, at such time and in such manner as the Secretary may prescribe by regulation. If a taxpayer makes such an election with respect to any class of property for any taxable year, the election shall apply to all qualified freight rail infrastructure property in such class placed in service during such taxable year. An election under this section shall not affect the character of any property for the purposes of section 45R. ``(c) Deduction Allowed in Computing Minimum Tax.--For purposes of determining alternative minimum taxable income under section 55, the deduction under subsection (a) for qualified freight rail infrastructure property shall be determined under this section without regard to any adjustment under section 56. ``(d) Termination.--This section shall not apply to any property placed in service after December 31, 2015.'' (b) Deduction for Capital Expenditures.--Section 263(a)(1) of the Internal Revenue Code of 1986 (relating to capital expenditures) is amended by striking ``or'' at the end of subparagraph (K), by striking the period at the end of subparagraph (L) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(M) expenditures for which a deduction is allowed under section 179F.'' (c) Technical and Clerical Amendments.-- (1) Section 312(k)(3)(B) of the Internal Revenue Code of 1986 is amended by striking ``or 179E'' each place it appears in the text or heading thereof and inserting ``179E, or 179F''. (2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such Code are each amended by inserting ``179F,'' after ``179E,''. (3) The table of sections for part VI of subchapter B of chapter 1 of subtitle A of such Code is amended by inserting after the item relating to section 179E the following new item: ``Sec. 179F. Election to expense qualified freight rail infrastructure property.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2009. SEC. 4. WAGE RATE REQUIREMENTS. The taxpayer shall not be allowed a credit under section 45R of the Internal Revenue Code of 1986 (as added by section 2 of this Act) or a deduction under section 179F of such Code (as added by section 3 of this Act) until the taxpayer certifies in writing to the Secretary of the Treasury that all laborers and mechanics employed by contractors and subcontractors in construction, replacement, or expansion of new qualified freight rail infrastructure property for which such credit or deduction (as the case may be) is claimed were paid wages at rates not less than those prevailing at the time the construction, replacement, or expansion work was performed on similar work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act'').

Freight Rail Infrastructure Capacity Expansion Act of 2009 - Amends the Internal Revenue Code to allow: (1) a tax credit for 25% of the cost of new qualified freight rail infrastructure property and qualified locomotive property; and (2) a taxpayer election to expense the cost of qualified freight rail infrastructure property (i.e., deduct all costs in the current taxable year). Terminates such credit and expensing election after 2015. Requires compliance with federal wage rate requirements under the Davis-Bacon Act as a condition of eligibility for the tax credit and expensing allowance provided by this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forest Organizational Camp Fee Improvement Act of 2002''. SEC. 2. FINDINGS, PURPOSE, AND DEFINITIONS. (a) Findings.--Congress finds the following: (1) Organizational camps, such as those administered by the Boy Scouts, Girl Scouts, and faith-based and community-based organizations, provide a valuable service to young people, individuals with a disability, and their families by promoting physical, mental, and spiritual health through activities conducted in a natural environment. (2) The 192,000,0000 acres of national forests and grasslands of the National Forest System managed for multiple uses by the Forest Service provides an ideal setting for such organizational camps. (3) The Federal Government should charge land use fees for the occupancy and use of National Forest System lands by such organizational camps that, while based on the fair market value of the land in use, also recognize the benefits provided to society by such organizational camps, do not preclude the ability of such organizational camps from utilizing these lands, and permit capital investment in, and maintenance of, camp facilities by such organizational camps or their sponsoring organizations. (4) Organizational camps should-- (A) ensure that their facilities meet applicable building and safety codes, including fire and health codes; (B) have annual inspections as required by local law, including at a minimum inspections for fire and food safety; and (C) have in place safety plans that address fire and medical emergencies and encounters with wildlife. (b) Purpose.--It is the purpose of this Act to establish a land use fee system that provides for an equitable return to the Federal Government for the occupancy and use of National Forest System lands by organizational camps that serve young people or individuals with a disability. (c) Definitions.--In this Act: (1) The term ``organizational camp'' means a public or semipublic camp that-- (A) is developed on National Forest System lands by a nonprofit organization or governmental entity; (B) provides a valuable service to the public by using such lands as a setting to introduce young people or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues; and (C) does not have as its primary purpose raising revenue through commercial activities. (2) The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (3) The term ``individual with a disability'' has the meaning given the term in section 7(20) of the Rehabilitation Act of 1973 (29 U.S.C. 705(20)). (4) The term ``children at risk'' means children who are raised in poverty or in single-parent homes or are subject to such circumstances as parental drug abuse, homelessness, or child abuse. (5) The term ``change in control'' means-- (A) for a corporation, the sale or transfer of a controlling interest in the corporation; (B) for a partnership or limited liability company, the sale or transfer of a controlling interest in the partnership or limited liability company; and (C) for an individual, the sale or transfer or an organizational camp subject to this Act to another party. SEC. 3. FEES FOR OCCUPANCY AND USE OF NATIONAL FOREST SYSTEM LANDS AND FACILITIES BY ORGANIZATIONAL CAMPS. (a) Land Use Fee.-- (1) Percentage of land value.--The Secretary shall charge an annual land use fee for each organizational camp for its occupancy and use of National Forest System lands equal to five percent of the product of the following: (A) The total number of acres of National Forest System lands authorized for the organizational camp. (B) The estimated per-acre market value of land and buildings in the county where the camp is located, as reported in the most recent Census of Agriculture conducted by the National Agricultural Statistics Service. (2) Annual adjustment.--The land use fee determined under paragraph (1) for an organizational camp shall be adjusted annually by the annual compounded rate of change between the two most recent Censuses of Agriculture. (3) Reduction in fees.-- (A) Type of participants.--The Secretary shall reduce the land use fee determined under paragraph (1) proportionate to the number of individuals with a disability and children at risk who annually attend the organizational camp. (B) Type of programs.--After making the reduction required by subparagraph (A), the Secretary shall reduce the remaining land use fee amount by up to 60 percent, proportionate to the number of persons who annually attend the organizational camp who participate in youth programs through organized and supervised social, citizenship, character-building, or faith-based activities oriented to outdoor-recreation experiences. (C) Relation to minimum fee.--The reductions made under this paragraph may not reduce the land use fee for an organizational camp below the minimum land use fee required to be charged under paragraph (4). (D) Special considerations.--For purposes of determining the amount of the land use fee reduction required under subparagraph (A) or (B), the Secretary may not take into consideration the existence of sponsorships or scholarships to assist persons in attending the organizational camp. (4) Minimum land use fee.--The Secretary shall charge a minimum land use fee under paragraph (1) that represents, on average, the Secretary's cost annually to administer an organizational camp special use authorization in the National Forest Region in which the organizational camp is located. Notwithstanding paragraph (3) or subsection (d), the minimum land use fee shall not be subject to a reduction or waiver. (b) Facility Use Fee.-- (1) Percentage of facilities value.--If an organizational camp uses a Government-owned facility on National Forest System lands pursuant to section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C. 580d), the Secretary shall charge, in addition to the land use fee imposed under subsection (a), a facility use fee equal to five percent of the value of the authorized facilities, as determined by the Secretary. (2) Reduction in fees prohibited.--Notwithstanding subsection (d), the facility use fees determined under paragraph (1) shall not be subject to a reduction or waiver. (c) Fee Related to Receipt of Other Revenues.--If an organizational camp derives revenue from the use of National Forest System lands or authorized facilities described in subsection (b) for purposes other than to introduce young people or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues, the Secretary shall charge, in addition to the land use fee imposed under subsection (a) and the facility use fee imposed under subsection (b), an additional fee equal to five percent of that revenue. (d) Work-In-Lieu Program.--Subject to subsections (a)(4) and (b)(2), section 3 of the Federal Timber Contract Payment Modification Act (16 U.S.C. 539f) shall apply to the use fees imposed under this section. SEC. 4. IMPLEMENTATION. (a) Prompt Implementation.--The Secretary shall issue direction regarding implementation of this Act by interim directive within 180 days after the date of the enactment of this Act. The Secretary shall implement this Act beginning with the first billing cycle for organizational camp special use authorizations occurring more than 180 days after the date of the enactment of this Act. (b) Phase-In of Use Fee Increases.--In issuing any direction regarding implementation of this Act under subsection (a), the Secretary shall consider whether to phase-in any significant increases in annual land or facility use fees for organizational camps. SEC. 5. RELATIONSHIP TO OTHER LAWS. Except as specifically provided by this Act, nothing in this Act supersedes or otherwise affects any provision of law, regulation, or policy regarding the issuance or administration of authorizations for organizational camps regarding the occupancy and use of National Forest System lands. SEC. 6. DEPOSIT AND EXPENDITURE OF USE FEES. (a) Deposit and Availability.--Unless subject to section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C. 580d), use fees collected by the Secretary under this Act shall be deposited in a special account in the Treasury and shall remain available to the Secretary for expenditure, without further appropriation until expended, for the purposes described in subsection (c). (b) Transfer.--Upon request of the Secretary, the Secretary of the Treasury shall transfer to the Secretary from the special account such amounts as the Secretary may request. The Secretary shall accept and use such amounts in accordance with subsection (c). (c) Use.--Use fees deposited pursuant to subsection (a) and transferred to the Secretary under subsection (b) shall be expended for monitoring of Forest Service special use authorizations, administration of the Forest Service's special program, interpretive programs, environmental analysis, environmental restoration, and similar purposes. SEC. 7. MINISTERIAL ISSUANCE, OR AMENDMENT AUTHORIZATION. (a) NEPA Exception.--The ministerial issuance or amendment of an organizational camp special use authorization shall not be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Rule of Construction.--For purposes of subsection (a), the ministerial issuance or amendment of an authorization occurs only when the issuance or amendment of the authorization would not change the physical environment or the activities, facilities, or program of the operations governed by the authorization, and at least one of the following apply: (1) The authorization is issued upon a change in control of the holder of an existing authorization. (2) The holder, upon expiration of an authorization, is issued a new authorization. (3) The authorization is amended-- (A) to effectuate administrative changes, such as modification of the land use fee or conversion to a new special use authorization form; or (B) to include nondiscretionary environmental standards or to conform with current law.

National Forest Organizational Camp Fee Improvement Act of 2002 - Directs the Secretary of Agriculture to charge an annual acreage and market value-based fee for the occupancy and use of National Forest System lands and facilities by organizational camps (nonprofit or governmental entity-run camps for youth or persons with disabilities).Reduces the land-use fee, but not below a minimum amount to be determined by the Secretary, for: (1) use by persons with disabilities and at-risk children; and (2) youth programs through organized social, citizenship, character-building, or faith-based activities oriented to outdoor recreation. Prohibits facility use fee reductions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Hospitals Education and Research Act of 1999''. SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS. (a) Payments.--The Secretary shall make two payments under this section to each children's hospital for each of fiscal years 2000 and 2001, one for the direct expenses and the other for indirect expenses associated with operating approved graduate medical residency training programs. (b) Amount of Payments.-- (1) In general.--Subject to paragraph (2), the amounts payable under this section to a children's hospital for an approved graduate medical residency training program for a fiscal year are each of the following amounts: (A) Direct expense amount.--The amount determined under subsection (c) for direct expenses associated with operating approved graduate medical residency training programs. (B) Indirect expense amount.--The amount determined under subsection (d) for indirect expenses associated with the treatment of more severely ill patients and the additional costs relating to teaching residents in such programs. (2) Capped amount.-- (A) In general.--The total of the payments made to children's hospitals under paragraph (1)(A) or paragraph (1)(B) in a fiscal year shall not exceed the funds appropriated under paragraph (1) or (2), respectively, of subsection (f) for such payments for that fiscal year. (B) Pro rata reductions of payments for direct expenses.--If the Secretary determines that the amount of funds appropriated under subsection (f)(1) for a fiscal year is insufficient to provide the total amount of payments otherwise due for such periods under paragraph (1)(A), the Secretary shall reduce the amounts so payable on a pro rata basis to reflect such shortfall. (c) Amount of Payment for Direct Graduate Medical Education.-- (1) In general.--The amount determined under this subsection for payments to a children's hospital for direct graduate expenses relating to approved graduate medical residency training programs for a fiscal year is equal to the product of-- (A) the updated per resident amount for direct graduate medical education, as determined under paragraph (2)); and (B) the average number of full-time equivalent residents in the hospital's graduate approved medical residency training programs (as determined under section 1886(h)(4) of the Social Security Act (42 U.S.C. 1395ww(h)(4))) during the fiscal year. (2) Updated per resident amount for direct graduate medical education.--The updated per resident amount for direct graduate medical education for a hospital for a fiscal year is an amount determined as follows: (A) Determination of hospital single per resident amount.--The Secretary shall compute for each hospital operating an approved graduate medical education program (regardless of whether or not it is a children's hospital) a single per resident amount equal to the average (weighted by number of full-time equivalent residents) of the primary care per resident amount and the non-primary care per resident amount computed under section 1886(h)(2) of the Social Security Act for cost reporting periods ending during fiscal year 1997. (B) Determination of wage and non-wage-related proportion of the single per resident amount.--The Secretary shall estimate the average proportion of the single per resident amounts computed under subparagraph (A) that is attributable to wages and wage-related costs. (C) Standardizing per resident amounts.--The Secretary shall establish a standardized per resident amount for each such hospital-- (i) by dividing the single per resident amount computed under subparagraph (A) into a wage-related portion and a non-wage-related portion by applying the proportion determined under subparagraph (B); (ii) by dividing the wage-related portion by the factor applied under section 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)) for discharges occurring during fiscal year 1999 for the hospital's area; and (iii) by adding the non-wage-related portion to the amount computed under clause (ii). (D) Determination of national average.--The Secretary shall compute a national average per resident amount equal to the average of the standardized per resident amounts computed under subparagraph (C) for such hospitals, with the amount for each hospital weighted by the average number of full-time equivalent residents at such hospital. (E) Application to individual hospitals.--The Secretary shall compute for each such hospital that is a children's hospital a per resident amount-- (i) by dividing the national average per resident amount computed under subparagraph (D) into a wage-related portion and a non-wage- related portion by applying the proportion determined under subparagraph (B); (ii) by multiplying the wage-related portion by the factor described in subparagraph (C)(ii) for the hospital's area; and (iii) by adding the non-wage-related portion to the amount computed under clause (ii). (F) Updating rate.--The Secretary shall update such per resident amount for each such children's hospital by the estimated percentage increase in the consumer price index for all urban consumers during the period beginning October 1997 and ending with the midpoint of the hospital's cost reporting period that begins during fiscal year 2000. (d) Amount of Payment for Indirect Medical Education.-- (1) In general.--The amount determined under this subsection for payments to a children's hospital for indirect expenses associated with the treatment of more severely ill patients and the additional costs related to the teaching of residents for a fiscal year is equal to an amount determined appropriate by the Secretary. (2) Factors.--In determining the amount under paragraph (1), the Secretary shall-- (A) take into account variations in case mix among children's hospitals and the number of full-time equivalent residents in the hospitals' approved graduate medical residency training programs; and (B) assure that the aggregate of the payments for indirect expenses associated with the treatment of more severely ill patients and the additional costs related to the teaching of residents under this section in a fiscal year are equal to the amount appropriated for such expenses for the fiscal year involved under subsection (f)(2). (e) Making of Payments.-- (1) Interim payments.--The Secretary shall determine, before the beginning of each fiscal year involved for which payments may be made for a hospital under this section, the amounts of the payments for direct graduate medical education and indirect medical education for such fiscal year and shall (subject to paragraph (2)) make the payments of such amounts in 26 equal interim installments during such period. (2) Withholding.--The Secretary shall withhold up to 25 percent from each interim installment for direct graduate medical education paid under paragraph (1). (3) Reconciliation.--At the end of each fiscal year for which payments may be made under this section, the hospital shall submit to the Secretary such information as the Secretary determines to be necessary to determine the percent (if any) of the total amount withheld under paragraph (2) that is due under this section for the hospital for the fiscal year. Based on such determination, the Secretary shall recoup any overpayments made, or pay any balance due. The amount so determined shall be considered a final intermediary determination for purposes of applying section 1878 of the Social Security Act (42 U.S.C. 1395oo) and shall be subject to review under that section in the same manner as the amount of payment under section 1886(d) of such Act (42 U.S.C. 1395ww(d)) is subject to review under such section. (f) Authorization of Appropriations.-- (1) Direct graduate medical education.-- (A) In general.--There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for payments under subsection (b)(1)(A) -- (i) for fiscal year 2000, $90,000,000; and (ii) for fiscal year 2001, $95,000,000. (B) Carryover of excess.--The amounts appropriated under subparagraph (A) for fiscal year 2000 shall remain available for obligation through the end of fiscal year 2001. (2) Indirect medical education.--There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for payments under subsection (b)(1)(A) -- (A) for fiscal year 2000, $190,000,000; and (B) for fiscal year 2001, $190,000,000. (f) Relation to Medicare and Medicaid Payments.--Notwithstanding any other provision of law, payments under this section to a hospital for fiscal years 2000 and 2001-- (1) are in lieu of any amounts otherwise payable to the hospital under section 1886(h) or 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(h); 1395ww(d)(5)B)) for portions of cost reporting periods occurring during such fiscal years; but (2) shall not affect the amounts otherwise payable to such hospitals under a State medicaid plan under title XIX of such Act (42 U.S.C. 1396 et seq.). (g) Definitions.--In this section: (1) Approved graduate medical residency training program.-- The term ``approved graduate medical residency training program'' has the meaning given the term ``approved medical residency training program'' in section 1886(h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A)). (2) Children's hospital.--The term ``children's hospital'' means a hospital described in section 1886(d)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iii)). (3) Direct graduate medical education costs.--The term ``direct graduate medical education costs'' has the meaning given such term in section 1886(h)(5)(C) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(C)). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Children's Hospitals Education and Research Act of 1999 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period under Medicare (title XVIII of the Social Security Act (SSA)) for FY 2000 and 2001 for the direct and indirect expenses associated with operating approved medical residency training programs. Provides that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid (SSA title XIX) plan. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Federal Mandates on School Lunch Act''. SEC. 2. PROHIBITION OF REGULATIONS ESTABLISHING CERTAIN LIMITS FOR THE SCHOOL LUNCH PROGRAM. Beginning on the date of enactment of this Act and until the date of enactment of a law that extends by not less than 5 fiscal years the authorization or duration of 1 or more programs under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary of Agriculture shall not-- (1) implement, administer, or enforce part 210 of title 7, Code of Federal Regulations (as such part relates to the establishment of a maximum calorie limit and a maximum quantity of grains, meat, or meat alternatives for the school lunch program), as amended by the final regulations published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et seq.); or (2) promulgate or enforce any new rule or regulation that establishes a maximum calorie limit or maximum quantity of grains, meat, or meat alternatives for the school lunch program established under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.). SEC. 3. SODIUM TARGET LEVELS; WHOLE GRAIN REQUIREMENT. Section 9(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)) is amended by adding at the end the following: ``(5) Sodium target levels.--Notwithstanding any other provision of law, the Secretary shall not implement any regulation under this Act, the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296), or any other law that would require a reduction in the quantity of sodium contained in federally reimbursed meals, foods, and snacks sold in schools below Target 1 (as described in section 220.8(f)(3) of title 7, Code of Federal Regulations (or successor regulations)). ``(6) Whole grain requirement.--Notwithstanding the final rule of the Secretary entitled `Nutrition Standards in the National School Lunch and School Breakfast Programs' (77 Fed. Reg. 4088 (January 26, 2012)) or any other provision of law-- ``(A) the Secretary shall only require that half of all grains in federally reimbursed meals, foods, and snacks sold in schools are whole grain-rich; and ``(B) school food authorities shall comply with the applicable grain component or standard with respect to the school lunch or school breakfast program that was in effect prior to July 1, 2014.''. SEC. 4. PROHIBITION OF OTHER NUTRITION REGULATIONS FOR CERTAIN SCHOOL FOOD AUTHORITIES. (a) Prohibition.-- (1) In general.--Beginning on the date of enactment of this Act and until the date of enactment of a law that extends by not less than 5 fiscal years the authorization or duration of 1 or more programs under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary of Agriculture shall not implement, administer, or enforce the rules or regulations described in subsection (b) with respect to any school food authority that certifies to the State in which the school food authority is located that the school food authority-- (A) has calculated the costs of complying with such rules and regulations; and (B) has determined, in a manner consistent with school district operational procedures, that the school food authority is not capable of operating a food service program without increased costs as a result of complying with any or all of such rules and regulations. (2) Prohibition on defining costs.--For purposes of this subsection, the Secretary of Agriculture shall not-- (A) define the phrase ``costs of complying''; or (B) establish or suggest how a school food authority shall calculate the costs of complying under paragraph (1)(A) or increased costs under paragraph (1)(B). (b) Regulations.--The rules and regulations described in subsection (a)(1) are the following: (1) The rule entitled ``National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010'' published by the Department of Agriculture in the Federal Register on June 28, 2013 (78 Fed. Reg. 39068 et seq.), or any new rule with respect to foods sold in schools other than those foods provided under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). (2) Part 210 of title 7, Code of Federal Regulations (as amended by the interim regulations published by the Department of Agriculture in the Federal Register on June 17, 2011 (76 Fed. Reg. 35301 et seq.)), as such part relates to school lunch price increases, or any new rule or regulation with respect to increasing the price of school lunches under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.). (3) Part 220 of title 7, Code of Federal Regulations (as amended by the final regulations published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et seq.)), as such part relates to establishing new food-based meal patterns, nutrition standards, and meal planning approaches for the school breakfast program, or any new rule or regulation which establishes new food-based meal patterns, nutrition standards, or meal planning approaches for the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). SEC. 5. RULES OF CONSTRUCTION. Nothing in this Act prohibits the Secretary of Agriculture from implementing, administering, or enforcing-- (1) any rules or regulations not described in this Act; or (2) parts 210 and 220 of title 7, Code of Federal Regulations, as such parts were in effect on the day before the effective dates of the amendments made to such parts described in paragraphs (2) and (3) of section 4(b), respectively.

Reducing Federal Mandates on School Lunch Act This bill prohibits the Department of Agriculture (USDA) from implementing, administering, or enforcing a specified regulation, or promulgating or enforcing any new rule or regulation, establishing a maximum calorie limit or quantity of grains, meat, or meat alternatives for the school lunch program. USDA may not implement, administer, or enforce specified rules and regulations with respect to any school food authority that certifies to its state that it: (1) has calculated the costs of complying with such rules and regulations; and (2) has determined, in a manner consistent with school district operational procedures, that it cannot operate a food service program without incurring increased costs for complying with those rules and regulations. Those rules and regulations are: the rule entitled "National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010"; any new rule regarding foods sold in schools that are not foods provided under the school lunch or breakfast programs; a specified regulation and any new rule or regulation regarding school lunch price increases; and a specified regulation and any new rule or regulation which establishes new food-based meal patterns, nutrition standards, or meal planning approaches for the school breakfast program. USDA may not define the phrase "costs of complying" or establish or suggest how a school food authority is to calculate those costs or increased costs for complying. The prohibitions will remain in effect until a law is enacted that extends by at least five fiscal years the authorization or duration of one or more school lunch or breakfast programs. The bill amends the Richard B. Russell National School Lunch Act to prohibit USDA from implementing any regulation that would require a reduction in the quantity of sodium contained in federally reimbursed meals, foods, and snacks sold in schools below specified July 2014 maximum levels allowed in school breakfasts for school year 2014-2015. With respect to grain contents, USDA shall only require that half of all grains in such food items are whole grain-rich. School food authorities must comply with the applicable grain component or standard with respect to the school lunch or school breakfast program in effect before July 1, 2014.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Classroom Innovation Act''. SEC. 2. REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). SEC. 3. ENCOURAGING STATE AND LOCAL BLENDED LEARNING PROJECTS. (a) State Applications.--Section 2112(b) (20 U.S.C. 6612(b)) is amended by inserting at the end the following: ``(13) In the case of a State that will carry out a program to award grants under section 2121(b), a description of the program, which shall include-- ``(A) the criteria the State will use to award grants under such section to eligible entities to carry out blended learning projects; ``(B) the State policies and procedures to be waived by the State, consistent with Federal law, for such eligible entities to carry out such projects, which may include waivers with respect to-- ``(i) restrictions on class sizes; ``(ii) restrictions on licensing or credentialing of personnel supervising student work in such projects; ``(iii) restrictions on the use of State funding for instructional materials for the purchase of digital instructional resources; ``(iv) restrictions on advancing students based on demonstrated mastery of learning outcomes, rather than seat-time requirements; and ``(v) restrictions on secondary school students in the State enrolling in online coursework; ``(C) how the State will inform eligible entities of the availability of the waivers described in subparagraph (B); and ``(D) how the State will provide the non-Federal match required under section 2121(b)(2)(D).''. (b) Reservation of Subgrant Funds for Blended Learning.--Section 2121 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6621) is amended by adding at the end the following: ``(b) Reservation for Blended Learning.-- ``(1) In general.--Notwithstanding any other provision of this part, a State that receives a grant under subpart 1 may reserve not more than 5 percent of the amount reserved to carry out this part under section 2113(a)(1) to make grants to local educational agencies to enable the agencies to carry out blended learning projects described in paragraph (2). ``(2) Blended learning projects.-- ``(A) In general.-- ``(i) In general.--The State educational agency may use the funds described in paragraph (1) to carry out a program to award grants on a competitive basis to eligible entities in the State to carry out blended learning projects described in this paragraph. ``(ii) Reservation for rural areas.--In awarding grants under this paragraph, a State educational agency shall reserve 5 percent of the funds available to carry out this paragraph for eligible entities that will serve rural areas. ``(B) Application.--An eligible entity desiring to receive a grant under this paragraph shall submit an application to the State educational agency at such time and in such manner as the agency may require, and which describes-- ``(i) the blended learning project to be carried out by the eligible entity, including the design of the instructional model to be carried out by the eligible entity and how such eligible entity will use funds provided under this paragraph to carry out the project; ``(ii) in the case of an eligible entity described in subclause (I) or (III) of subparagraph (E)(iii), the schools that will participate in the project; ``(iii) the expected impact on student academic achievement; ``(iv) how the eligible entity will ensure sufficient information technology is available to carry out the project; ``(v) how the eligible entity will ensure sufficient digital instructional resources are available to students participating in the project; ``(vi) the ongoing professional development to be provided for teachers, school leaders, and other personnel carrying out the project; ``(vii) the State policies and procedures for which the eligible entity requests waivers from the State to carry out the project, which may include requests for the waivers described in section 2112(b)(13)(B); ``(viii) as appropriate, how the eligible entity will use the blended learning project to improve instruction and access to the curriculum for diverse groups of students, including students with disabilities and students who are limited English proficient; ``(ix) how the eligible entity will evaluate the project in terms of student academic achievement and publicly report the results of such evaluation; and ``(x) how the eligible entity will sustain the project beyond the grant period. ``(C) Uses of funds.--An eligible entity receiving a grant under this paragraph shall use such grant to carry out a blended learning project, which shall include at least 1 of the following activities: ``(i) Planning activities, which may include development of new instructional models (including blended learning technology software and platforms), the purchase of digital instructional resources, initial professional development activities, and one-time information technology purchases, except that such expenditures may not include expenditures related to significant construction or renovation of facilities. ``(ii) Ongoing professional development for teachers, school leaders, or other personnel involved in the project that is designed to support the implementation and academic success of the project. ``(D) Non-federal match.--A State educational agency that carries out a grant program under this paragraph shall provide non-Federal matching funds equal to not less than 10 percent of the grant funds awarded by the State educational agency to eligible entities under this paragraph. ``(E) Definitions.--In this paragraph: ``(i) Blended learning project.--The term `blended learning project' means a formal education program-- ``(I) that includes an element of online learning, and instructional time in a supervised location away from home; ``(II) that includes an element of student control over time, path, or pace; and ``(III) in which the elements are connected to provide an integrated learning experience. ``(ii) Charter school.--The term `charter school' has the meaning given the term in section 5210. ``(iii) Eligible entity.--The term `eligible entity' means a-- ``(I) local educational agency; ``(II) charter school; or ``(III) consortium of the entities described in subclause (I) or (II), which may be in partnership with a for- profit or nonprofit entity.''.

21st Century Classroom Innovation Act Amends part A (Teacher and Principal Training and Recruiting Fund) of title II of the Elementary and Secondary Education Act of 1965 to allow states to use up to 5% of their part A grant funds that are reserved for allocating subgrants to local educational agencies (LEAs) to award competitive grants to LEAs, charter schools, or consortia of such entities to carry out blended learning projects. Defines a "blended learning project" as a formal education program that: (1) includes an element of online learning and instructional time in a supervised location away from home; (2) includes an element of student control over time, path, or pace; and (3) connects the elements of the education program to provide an integrated learning experience. Requires the competitive grant funds to be used for: (1) planning activities, the purchase of digital instructional resources, initial professional development activities, and one-time information technology purchases; or (2) ongoing professional development for teachers, school leaders, or other personnel involved in the project. Requires each state making such a grant to contribute non-federal funds equal to at least 10% of the grant.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Information Privacy Act of 1999''. SEC. 2. FINANCIAL INFORMATION PRIVACY. The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``TITLE X--FINANCIAL INFORMATION PRIVACY PROTECTION ``SEC. 1001. SHORT TITLE; TABLE OF CONTENTS. ``(a) Short Title.--This title may be cited as the `Financial Information Privacy Act of 1999'. ``(b) Table of Contents.--The table of contents for this title is as follows: ``TITLE X--FINANCIAL INFORMATION PRIVACY PROTECTION ``Sec. 1001. Short title; table of contents. ``Sec. 1002. Definitions. ``Sec. 1003. Privacy protection for customer information of financial institutions. ``Sec. 1004. Administrative enforcement. ``Sec. 1005. Civil liability. ``Sec. 1006. Criminal penalty. ``Sec. 1007. Relation to State laws. ``Sec. 1008. Agency guidance. ``SEC. 1002. DEFINITIONS. ``For purposes of this title, the following definitions shall apply: ``(1) Customer.--The term `customer' means, with respect to a financial institution, any person (or authorized representative of a person) to whom the financial institution provides a product or service, including that of acting as a fiduciary. ``(2) Customer information of a financial institution.--The term `customer information of a financial institution' means any information maintained by a financial institution which is derived from the relationship between the financial institution and a customer of the financial institution and is identified with the customer. ``(3) Document.--The term `document' means any information in any form. ``(4) Financial institution.-- ``(A) In general.--The term `financial institution' means any institution engaged in the business of providing financial services to customers who maintain a credit, deposit, trust, or other financial account or relationship with the institution. ``(B) Certain financial institutions specifically included.--The term `financial institution' includes any depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act), any loan or finance company, any credit card issuer or operator of a credit card system, and any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis (as defined in section 603(p)). ``(C) Further definition by regulation.--The Board of Governors of the Federal Reserve System may prescribe regulations further defining the term `financial institution', in accordance with subparagraph (A), for purposes of this title. ``SEC. 1003. PRIVACY PROTECTION FOR CUSTOMER INFORMATION OF FINANCIAL INSTITUTIONS. ``(a) Prohibition on Obtaining Customer Information by False Pretenses.--It shall be a violation of this title for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer information of a financial institution relating to another person-- ``(1) by knowingly making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial institution with the intent to deceive the officer, employee, or agent into relying on that statement or representation for purposes of releasing the customer information; ``(2) by knowingly making a false, fictitious, or fraudulent statement or representation to a customer of a financial institution with the intent to deceive the customer into relying on that statement or representation for purposes of releasing the customer information or authorizing the release of such information; or ``(3) by knowingly providing any document to an officer, employee, or agent of a financial institution, knowing that the document is forged, counterfeit, lost, or stolen, was fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation, if the document is provided with the intent to deceive the officer, employee, or agent into relying on that document for purposes of releasing the customer information. ``(b) Prohibition on Solicitation of a Person To Obtain Customer Information From a Financial Institution Under False Pretenses.--It shall be a violation of this title to request a person to obtain customer information of a financial institution, knowing or consciously avoiding knowing that the person will obtain, or attempt to obtain, the information from the institution in any manner described in subsection (a). ``(c) Nonapplicability to Law Enforcement Agencies.--No provision of this section shall be construed so as to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, to obtain customer information of a financial institution in connection with the performance of the official duties of the agency. ``(d) Nonapplicability to Financial Institutions in Certain Cases.--No provision of this section shall be construed to prevent any financial institution, or any officer, employee, or agent of a financial institution, from obtaining customer information of such financial institution in the course of-- ``(1) testing the security procedures or systems of such institution for maintaining the confidentiality of customer information; ``(2) investigating allegations of misconduct or negligence on the part of any officer, employee, or agent of the financial institution; or ``(3) recovering customer information of the financial institution which was obtained or received by another person in any manner described in subsection (a) or (b). ``(e) Nonapplicability to Certain Types of Customer Information of Financial Institutions.--No provision of this section shall be construed to prevent any person from obtaining customer information of a financial institution that otherwise is available as a public record filed pursuant to the securities laws (as defined in section 3(a)(47) of the Securities Exchange Act of 1934). ``SEC. 1004. ADMINISTRATIVE ENFORCEMENT. ``(a) Enforcement by Federal Trade Commission.--Except as provided in subsection (b), compliance with this title shall be enforced by the Federal Trade Commission in the same manner and with the same power and authority as the Commission has under the Fair Debt Collection Practices Act to enforce compliance with that title. ``(b) Enforcement by Other Agencies in Certain Cases.-- ``(1) In general.--Compliance with this title shall be enforced under-- ``(A) section 8 of the Federal Deposit Insurance Act, in the case of-- ``(i) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; ``(ii) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act, by the Board; ``(iii) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System and national nonmember banks) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; and ``(iv) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, by the Director of the Office of Thrift Supervision; and ``(B) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any Federal credit union. ``(2) Violations of this title treated as violations of other laws.--For the purpose of the exercise by any agency referred to in paragraph (1) of its powers under any Act referred to in that paragraph, a violation of this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in paragraph (1), each of the agencies referred to in that paragraph may exercise, for the purpose of enforcing compliance with this title, any other authority conferred on such agency by law. ``(c) State Action for Violations.-- ``(1) Authority of states.--In addition to such other remedies as are provided under State law, if the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating this title, the State-- ``(A) may bring an action to enjoin such violation in any appropriate United States district court or in any other court of competent jurisdiction; ``(B) may bring an action on behalf of the residents of the State to recover damages of not more than $1,000 for each violation; and ``(C) in the case of any successful action under subparagraph (A) or (B), shall be awarded the costs of the action and reasonable attorney fees as determined by the court. ``(2) Rights of federal regulators.-- ``(A) Prior notice.--The State shall serve prior written notice of any action under paragraph (1) upon the Federal Trade Commission and, in the case of an action which involves a financial institution described in section 1004(b)(1), the agency referred to in such section with respect to such institution and provide the Federal Trade Commission and any such agency with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. ``(B) Right to intervene.--The Federal Trade Commission or an agency described in subsection (b) shall have the right-- ``(i) to intervene in an action under paragraph (1); ``(ii) upon so intervening, to be heard on all matters arising therein; ``(iii) to remove the action to the appropriate United States district court; and ``(iv) to file petitions for appeal. ``(3) Investigatory powers.--For purposes of bringing any action under this subsection, no provision of this subsection shall be construed as preventing the chief law enforcement officer, or an official or agency designated by a State, from exercising the powers conferred on the chief law enforcement officer or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(4) Limitation on state action while federal action pending.--If the Federal Trade Commission or any agency described in subsection (b) has instituted a civil action for a violation of this title, no State may, during the pendency of such action, bring an action under this section against any defendant named in the complaint of the Federal Trade Commission or such agency for any violation of this title that is alleged in that complaint. ``SEC. 1005. CIVIL LIABILITY. ``Any person, other than a financial institution, who fails to comply with any provision of this title with respect to any financial institution or any customer information of a financial institution shall be liable to such financial institution or the customer to whom such information relates in an amount equal to the sum of the amounts determined under each of the following paragraphs: ``(1) Actual damages.--The greater of-- ``(A) the amount of any actual damage sustained by the financial institution or customer as a result of such failure; or ``(B) any amount received by the person who failed to comply with this title, including an amount equal to the value of any nonmonetary consideration, as a result of the action which constitutes such failure. ``(2) Additional damages.--Such additional amount as the court may allow. ``(3) Attorneys' fees.--In the case of any successful action to enforce any liability under paragraph (1) or (2), the costs of the action, together with reasonable attorneys' fees. ``SEC. 1006. CRIMINAL PENALTY. ``(a) In General.--Whoever violates, or attempts to violate, section 1003 shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both. ``(b) Enhanced Penalty for Aggravated Cases.--Whoever violates, or attempts to violate, section 1003 while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period shall be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of section 3571 of title 18, United States Code, imprisoned for not more than 10 years, or both. ``SEC. 1007. RELATION TO STATE LAWS. ``(a) In General.--This title shall not be construed as superseding, altering, or affecting the statutes, regulations, orders, or interpretations in effect in any State, except to the extent that such statutes, regulations, orders, or interpretations are inconsistent with the provisions of this title, and then only to the extent of the inconsistency. ``(b) Greater Protection Under State Law.--For purposes of this section, a State statute, regulation, order, or interpretation is not inconsistent with the provisions of this title if the protection such statute, regulation, order, or interpretation affords any person is greater than the protection provided under this title. ``SEC. 1008. AGENCY GUIDANCE. ``In furtherance of the objectives of this title, each Federal banking agency (as defined in section 3(z) of the Federal Deposit Insurance Act) shall issue advisories to depository institutions under the jurisdiction of the agency, in order to assist such depository institutions in deterring and detecting activities proscribed under section 1003.''. SEC. 3. REPORT TO CONGRESS ON FINANCIAL PRIVACY. Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Federal Trade Commission, the Federal banking agencies, and other appropriate Federal law enforcement agencies, shall submit to the Congress a report on-- (1) the efficacy and adequacy of the remedies provided in the amendments made by section 501 in addressing attempts to obtain financial information by fraudulent means or by false pretenses; and (2) any recommendations for additional legislative or regulatory action to address threats to the privacy of financial information created by attempts to obtain information by fraudulent means or false pretenses.

Financial Information Privacy Act of 1999 - Amends the Consumer Credit Protection Act to: (1) specify the types of enterprises constituting a financial institution within its purview; and (2) authorize the Federal Trade Commission (FTC) to prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this Act. Declares it a violation of this Act to obtain or solicit customer information of a financial institution relating to another person under false pretenses with intent to deceive. Exempts from such proscription: (1) law enforcement agencies; (2) financial institutions engaged in testing security procedures, investigating misconduct or negligence, or recovering customer information obtained or received under false pretenses; as well as (3) customer information of financial institutions available as a public record under Federal securities laws. Grants the FTC, certain banking regulatory agencies, and the States enforcement powers under this Act. Subjects violations of this Act to Federal civil and criminal penalties. Requires each Federal banking agency to issue advisories to the depository institutions under its jurisdiction relating to the deterrence and detection of the activities proscribed by this Act. Requires the Comptroller General to report to the Congress on: (1) the efficacy and adequacy of the remedies provided in this Act; and (2) recommendations for additional action to address threats to the privacy of financial information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``More Border Patrol Agents Now Act of 2006''. SEC. 2. BORDER PATROL AGENT ENHANCEMENT. (a) Plan.--In order to address the recruitment and retention challenges faced by the United States Border Patrol, the Secretary of Homeland Security shall, not later than six months after the date of the enactment of this Act, submit to the Committee on Homeland Security and the Committee on Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan to determine how the Border Patrol can better recruit and retain Border Patrol agents with the appropriate skills and training to effectively carry out its mission and responsibilities. (b) Contents.--The plan shall include, at a minimum, the following components: (1) A strategy for the utilization of the recruitment authority provided in subsection (a) of section 9702 of title 5, United States Code (as added by section 3), as well as any other strategies the Secretary determines to be important in recruiting well-qualified Border Patrol agents. (2) A strategy for the utilization of the retention authority provided in subsection (b) of section 9702 of title 5, United States Code (as added by section 3), as well as any other strategies the Secretary determines to be important in retaining well-qualified Border Patrol agents. (3) An assessment of the impact that current pay levels for Border Patrol agents has on the Department's ability to recruit and retain Border Patrol agents, especially in high cost-of- living areas. (4) An assessment of whether increased opportunities for Border Patrol agents to transfer between duty stations would improve employee morale and enhance the Department's ability to recruit and retain well-qualified Border Patrol agents. SEC. 3. RECRUITMENT AND RETENTION BONUSES FOR BORDER PATROL AGENT ENHANCEMENT. (a) In General.--Chapter 97 of title 5, United States Code, is amended by adding at the end the following new section: ``Sec. 9702. Border Patrol agent enhancement ``(a) Recruitment Bonuses for Border Patrol Agents.-- ``(1) In general.--In order to carry out the plan described in section 2(a) of the More Border Patrol Agents Now Act of 2006, the Secretary of Homeland Security may pay a bonus to an individual to recruit a sufficient number of Border Patrol agents. ``(2) Bonus amount.-- ``(A) In general.--The amount of a bonus under this subsection shall be determined by the Secretary, but may not exceed 25 percent of the annual rate of basic pay of the position involved as of the beginning of the period of service referred to in paragraph (3)(A). ``(B) Lump-sum.--A bonus under this subsection shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. ``(3) Service agreements.--Payment of a bonus under this section shall be contingent upon the individual entering into a written service agreement with the United States Border Patrol. The agreement shall include-- ``(A) the period of service the individual shall be required to complete in return for the bonus; and ``(B) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of such termination. ``(4) Limitation on eligibility.--A bonus under this section may not be paid to recruit an individual for-- ``(A) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate; ``(B) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or ``(C) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. ``(5) Termination.--The authority to pay bonuses under this subsection shall terminate five years after the date of the enactment of this section. ``(b) Retention Bonuses for Border Patrol Agents.-- ``(1) In general.--In order to carry out the plan described in section 2(a) of the More Border Patrol Agents Now Act of 2006, the Secretary of Homeland Security may pay a retention bonus to a Border Patrol agent. ``(2) Service agreement.--Payment of a bonus under this subsection is contingent upon the employee entering into a written service agreement with the United States Border Patrol to complete a period of service with the Border Patrol. Such agreement shall include-- ``(A) the period of service the employee shall be required to complete in return for the bonus; and ``(B) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of such termination. ``(3) Bonus amount.-- ``(A) In general.--The amount of a bonus under this subsection shall be determined by the Secretary, but may not exceed 25 percent of the annual rate of basic pay of the position involved as of the beginning of the period of service referred to in paragraph (2)(A). ``(B) Lump-sum.--A bonus under this subsection shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. ``(4) Limitation.--A bonus under this subsection may not be based on any period of service which is the basis for a recruitment bonus under subsection (a). ``(5) Termination of authority.--The authority to grant bonuses under this subsection shall expire five years after the date of the enactment of this section. ``(c) Waiver Authority Relating to Reemployed Annuitants.-- ``(1) In general.--In order to help address the challenges faced by the United States Border Patrol, the Secretary of Homeland Security may appoint annuitants to positions within the United States Border Patrol in accordance with succeeding provisions of this subsection. ``(2) Exclusion from offset.--An annuitant serving in a position within the United States Border Patrol pursuant to an appointment made under paragraph (1)-- ``(A) shall not be subject to the provisions of section 8344 or 8468, as the case may be; and ``(B) shall not, for purposes of subchapter III of chapter 83 or chapter 84, be considered an employee. ``(3) Limitations.-- ``(A) Appointments.--The authority to make any appointments under paragraph (1) shall terminate five years after the date of the enactment of this subsection. ``(B) Exclusion.--The provisions of paragraph (2) shall not, in the case of any annuitant appointed under paragraph (1), remain in effect-- ``(i) with respect to more than five years of service (in the aggregate); nor ``(ii) with respect to any service performed after the end of the ten-year period beginning on the date of the enactment of this subsection. ``(4) No displacement.--No appointment under this subsection may be made if such appointment would result in the displacement of any Border Patrol employee. ``(5) Definition.--For purposes of this subsection, the term `annuitant' has the meaning given such term by section 8331 or 8401, as the case may be.''. (b) Conforming Amendment.--The table of contents for chapter 97 of title 5, United States Code, is amended by adding at the end the following: ``9702. Border Patrol agent enhancement.''. Passed the House of Representatives September 26, 2006. Attest: KAREN L. HAAS, Clerk.

More Border Patrol Agents Now Act of 2006 - Directs the Secretary of Homeland Security to submit to the House Committees on Homeland Security and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs a plan to determine how the Border Patrol can better recruit and retain agents with the appropriate skills and training. Requires such plan to include: (1) recruitment and retention strategies; and (2) assessments of the impact of pay levels and duty station transfer opportunities upon recruitment and retention. Amends federal law to authorize the Secretary (for five years) to pay a: (1) bonus to an individual to recruit Border Patrol agents; and (2) retention bonus to Border Patrol agents. States that such bonuses shall: (1) not exceed 25% of the annual rate of basic pay of the position involved; (2) be paid in a lump-sum and not be considered part of basic pay; and (3) be contingent upon the individual entering into a written service agreement with the Border Patrol. Authorizes the Secretary (for five years) to appoint annuitants to Border Patrol positions. Excludes such positions from specified offsets. Prohibits appointments that would displace any Border Patrol employee.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Belarus Democracy Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States supports the promotion of democracy, respect for human rights, and the rule of law in the Republic of Belarus consistent with its commitments as a participating state of the Organization for Security and Cooperation in Europe (OSCE). (2) The United States has a vital interest in the independence and sovereignty of the Republic of Belarus and its integration into the European community of democracies. (3) In November 1996, Lukashenka orchestrated an illegal and unconstitutional referendum that enabled him to impose a new constitution, abolish the duly-elected parliament, the 13th Supreme Soviet, install a largely powerless National Assembly, and extend his term of office to 2001. (4) Democratic forces in Belarus have organized peaceful demonstrations against the Lukashenka regime in cities and towns throughout Belarus which led to beatings, mass arrests, and extended incarcerations. (5) Victor Gonchar, Anatoly Krasovsky, and Yuri Zakharenka, who have been leaders and supporters of the democratic forces in Belarus, and Dmitry Zavadsky, a journalist known for his critical reporting in Belarus, have disappeared and are presumed dead. (6) Former Belarus Government officials have come forward with credible allegations and evidence that top officials of the Lukashenka regime were involved in the disappearances. (7) The Belarusian authorities have mounted a major systematic crackdown on civil society through the closure, harassment, and repression of nongovernmental organizations, and independent trade unions. (8) The Belarusian authorities actively suppress freedom of speech and expression, including engaging in systematic reprisals against independent media. (9) The Lukashenka regime has reversed the revival of Belarusian language and culture, including through the closure of the National Humanities Lyceum, the last remaining high school where classes were taught in the Belarusian language. (10) The Lukashenka regime harasses the autocephalic Belarusian Orthodox Church, the Roman Catholic Church, the Jewish community, the Hindu Lights of Kalyasa community, evangelical Protestant churches (such as Baptist and Pentecostal groups), and other minority religious groups. (11) The Law on Religious Freedom and Religious Organizations, passed by the National Assembly and signed by Lukashenka on October 31, 2002, establishes one of the most repressive legal regimes in the OSCE region, severely limiting religious freedom and placing excessively burdensome government controls on religious practice. (12) The parliamentary elections of October 15, 2000, and the presidential election of September 9, 2001, were determined to be fundamentally unfair and nondemocratic. (13) The Government of Belarus has made no substantive progress in addressing criteria established by the OSCE in 2000, ending repression and the climate of fear, permitting a functioning independent media, ensuring transparency of the elections process, and strengthening of the functions of parliament. SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS. (a) Purposes of Assistance.--The assistance under this section shall be available for the following purposes: (1) To assist the people of the Republic of Belarus in regaining their freedom and to enable them to join the European community of democracies. (2) To encourage free and fair presidential, parliamentary, and local elections in Belarus, conducted in a manner consistent with internationally accepted standards and under the supervision of internationally recognized observers. (3) To assist in restoring and strengthening institutions of democratic governance in Belarus. (b) Authorization for Assistance.--To carry out the purposes of subsection (a), the President is authorized to furnish assistance and other support for the activities described in subsection (c), to be provided primarily for indigenous Belarusian groups that are committed to the support of democratic processes. (c) Activities Supported.--Activities that may be supported by assistance under subsection (b) include-- (1) the observation of elections and the promotion of free and fair electoral processes; (2) development of democratic political parties; (3) radio and television broadcasting to and within Belarus; (4) the development of nongovernmental organizations promoting democracy and supporting human rights; (5) the development of independent media working within Belarus and from locations outside the country and supported by nonstate- controlled printing facilities; (6) international exchanges and advanced professional training programs for leaders and members of the democratic forces in skill areas central to the development of civil society; and (7) other activities consistent with the purposes of this Act. (d) Authorization of Appropriations.-- (1) In general.-- There are authorized to be appropriated to the President to carry out this section such sums as may be necessary for each of the fiscal years 2005 and 2006. (2) Availability of funds.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 4. RADIO BROADCASTING TO BELARUS. (a) Purpose.--It is the purpose of this section to authorize increased support for United States Government and surrogate radio broadcasting to the Republic of Belarus that will facilitate the unhindered dissemination of information. (b) Authorization of Appropriations.--In addition to such sums as are otherwise authorized to be appropriated, there are authorized to be appropriated such sums as may be necessary for fiscal year 2005 and each subsequent fiscal year for radio broadcasting to the people of Belarus in languages spoken in Belarus. SEC. 5. SENSE OF CONGRESS RELATING TO SANCTIONS AGAINST BELARUS. (a) Sense of Congress.--It is the sense of Congress that the sanctions described in subsection (c) should apply with respect to the Republic of Belarus until the President determines and certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b). (b) Conditions.--The conditions referred to in subsection (a) are the following: (1) The release of individuals in Belarus who have been jailed based on political or religious beliefs. (2) The withdrawal of politically motivated legal charges against all opposition figures and independent journalists in Belarus. (3) A full accounting of the disappearances of opposition leaders and journalists in Belarus, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the prosecution of those individuals who are responsible for their disappearances. (4) The cessation of all forms of harassment and repression against the independent media, independent trade unions, nongovernmental organizations, religious organizations (including their leadership and members), and the political opposition in Belarus. (5) The implementation of free and fair presidential and parliamentary elections in Belarus consistent with OSCE commitments. (c) Prohibition on Loans and Investment.-- (1) United states government financing.--No loan, credit guarantee, insurance, financing, or other similar financial assistance should be extended by any agency of the United States Government (including the Export-Import Bank and the Overseas Private Investment Corporation) to the Government of Belarus, except with respect to the provision of humanitarian goods and agricultural or medical products. (2) Trade and development agency.--No funds available to the Trade and Development Agency should be available for activities of the Agency in or for Belarus. (d) Multilateral Financial Assistance.--It is further the sense of Congress that, in addition to the application of the sanctions described in subsection (c) to the Republic of Belarus (until the President determines and certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b)), the Secretary of the Treasury should instruct the United States Executive Director of each international financial institution to which the United States is a member to use the voice and vote of the United States to oppose any extension by those institutions of any financial assistance (including any technical assistance or grant) of any kind to the Government of Belarus, except for loans and assistance that serve humanitarian needs. SEC. 6. MULTILATERAL COOPERATION. It is the sense of Congress that the President should continue to seek to coordinate with other countries, particularly European countries, a comprehensive, multilateral strategy to further the purposes of this Act, including, as appropriate, encouraging other countries to take measures with respect to the Republic of Belarus that are similar to measures described in this Act. SEC. 7. REPORT. (a) Report.-- Not later than 90 days after the date of the enactment of this Act, and not later than 1 year thereafter, the President shall transmit to the appropriate congressional committees a report that describes, with respect to the preceding 12-month period, and to the extent practicable the following: (1) The sale or delivery of weapons or weapons-related technologies from the Republic of Belarus to any country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided support for acts of international terrorism. (2) An identification of each country described in paragraph (1) and a detailed description of the weapons or weapons-related technologies involved in the sale. (3) An identification of the goods, services, credits, or other consideration received by Belarus in exchange for the weapons or weapons-related technologies. (4) The personal assets and wealth of Aleksandr Lukashenka and other senior leadership of the Government of Belarus. (b) Form.--A report transmitted pursuant to subsection (a) shall be in unclassified form but may contain a classified annex. SEC. 8. DECLARATION OF POLICY. Congress hereby-- (1) calls upon the Lukashenka regime to cease its persecution of political opponents or independent journalists and to release those individuals who have been imprisoned for opposing his regime or for exercising their right to freedom of speech; (2) expresses its grave concern about the disappearance of Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenko, and Dmitry Zavadsky and calls upon the Lukashenka regime to cooperate fully with the Belrussian civil initiative ``We Remember'' and to extend to this organization all necessary information to find out the truth about the disappearances; (3) calls upon the Lukashenka regime to cooperate fully with the Parliamentary Assembly of the Council of Europe (PACE) and its specially appointed representatives in matters regarding the resolution of the cases of the disappeared; and (4) commends the democratic opposition in Belarus for their commitment to participate in October 2004 Parliamentary elections as a unified coalition and for their courage in the face of the repression of the Lukashenka regime in Belarus. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) OSCE.--The term ``OSCE'' means the Organization for Security and Cooperation in Europe. (3) Senior leadership of the government of belarus.--The term ``senior leadership of the Government of Belarus'' includes-- (A) the President, Prime Minister, Deputy Prime Ministers, government ministers, Chairmen of State Committees, and members of the Presidential Administration of Belarus; (B) any official of the Government of Belarus who is personally and substantially involved in the suppression of freedom in Belarus, including judges and prosecutors; and (C) any other individual determined by the Secretary of State (or the Secretary's designee) to be personally and substantially involved in the formulation or execution of the policies of the Lukashenka regime that are in contradiction of internationally recognized human rights standards. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Belarus Democracy Act of 2004 - (Sec. 3) Authorizes the President to support primarily indigenous Belarusian groups that are committed to the support of democratic processes in various activities that may include: (1) observation of elections and the promotion of free and fair electoral processes, including the development of democratic political parties; (2) development of independent media supported by nonstate-controlled printing facilities; (3) support of human rights; and (4) establishment of international exchanges and advanced professional training programs for leaders and members of democratic forces that foster the growth of civil society. Authorizes FY 2005 and 2006 appropriations for such activities. (Sec. 4) Authorizes FY 2005 and 2006 appropriations for indigenous-language radio broadcasting to Belarus. (Sec. 5) Expresses the sense of Congress that specified U.S. and multilateral loan and financial sanctions (with humanitarian, agricultural, or medical exceptions) should apply to Belarus until the President certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the following conditions: (1) release of individuals who have been jailed for political or religious beliefs; (2) withdrawal of politically motivated legal charges against all opposition figures and independent journalists; (3) accounting of the disappearances of opposition leaders and journalists, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the prosecution of responsible individuals; (4) cessation of harassment and repression against the independent media, independent trade unions, nongovernmental organizations, religious organizations, and the political opposition; and (5) implementation of free and fair presidential and parliamentary elections. (Sec. 6) Expresses the sense of Congress that the President should seek a multilateral strategy, particularly with the countries of Europe, to further the purposes of this Act. (Sec. 7) Directs the President to report with respect to: (1) weapons-related activities by Belarus; and (2) the personal wealth of Aleksander Lukashenka and other senior leadership. (Sec. 8) Declares congressional policy: (1) respecting the persecution and disappearance of journalists and political opponents in Belarus; and (2) commending the democratic opposition in Belarus. (Sec. 9) Defines specified terms.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Screening Mammography Act of 2005''. SEC. 2. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER GROUP HEALTH PLANS. (a) Public Health Service Act Amendments.-- (1) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) Requirements for Coverage of Annual Screening Mammography.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for diagnostic mammography for any class of participants or beneficiaries shall provide coverage for annual screening mammography for such class under terms and conditions that are not less favorable than the terms and conditions for coverage of diagnostic mammography. ``(2) Diagnostic and annual screening mammography defined.--For purposes of this section-- ``(A) The term `diagnostic mammography' means a radiologic procedure that is medically necessary for the purpose of diagnosing breast cancer and includes a physician's interpretation of the results of the procedure. ``(B) The term `annual screening mammography' means a radiologic procedure provided to an individual, not more frequently than on an annual basis, for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny coverage for annual screening mammography on the basis that the coverage is not medically necessary or on the basis that the screening mammography is not pursuant to a referral, consent, or recommendation by any health care provider; ``(2) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(3) provide monetary payments or rebates to participants or beneficiaries to encourage them to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(5) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a participant or beneficiary to undergo annual screening mammography. ``(2) This section shall not apply with respect to any group health plan, or any group health insurance coverage offered by a health insurance issuer, which does not provide benefits for diagnostic mammography. ``(3) Nothing in this section shall be construed as preventing a group health plan or a health insurance issuer offering group health plan coverage from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for annual screening mammography under the plan (or under health insurance coverage offered in connection with a group health plan), except that such coinsurance or other cost-sharing for any portion may not be greater than such coinsurance or cost- sharing that is otherwise applicable with respect to benefits for diagnostic mammography. ``(4) Nothing in this section shall be construed as preventing a group health plan or a health insurance issuer offering group health insurance coverage from requiring that a participant or beneficiary, before undergoing an annual screening mammography more frequently than on an annual basis, consult with an appropriate health care practitioner or obtain a written authorization from such a practitioner for submission to the plan or issuer, but nothing in this section shall be construed as requiring prior authorization before undergoing an annual screening mammography. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed as preventing a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage for any class of participants or beneficiaries if there is a State law (as defined in section 2723(d)(1)) for a State that regulates such coverage, that requires coverage to be provided for annual screening mammography for such class, and that provides at least the protections described in subsection (b). ``(2) Construction.--Section 2723(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (2) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (b) ERISA Amendments.-- (1) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) Requirements for Coverage of Annual Screening Mammography.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for diagnostic mammography for any class of participants or beneficiaries shall provide coverage for annual screening mammography for such class under terms and conditions that are not less favorable than the terms and conditions for coverage of diagnostic mammography. ``(2) Diagnostic and annual screening mammography defined.--For purposes of this section-- ``(A) The term `diagnostic mammography' means a radiologic procedure that is medically necessary for the purpose of diagnosing breast cancer and includes a physician's interpretation of the results of the procedure. ``(B) The term `annual screening mammography' means a radiologic procedure provided to an individual, not more frequently than on an annual basis, for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny coverage described in subsection (a)(1) on the basis that the coverage is not medically necessary or on the basis that the annual screening mammography is not pursuant to a referral, consent, or recommendation by any health care provider; ``(2) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(3) provide monetary payments or rebates to participants or beneficiaries to encourage them to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(5) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a participant or beneficiary to undergo annual screening mammography. ``(2) This section shall not apply with respect to any group health plan, or any group health insurance coverage offered by a health insurance issuer, which does not provide benefits for diagnostic mammography. ``(3) Nothing in this section shall be construed as preventing a group health plan or a health insurance issuer offering group health insurance coverage from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for annual screening mammography under the plan (or under health insurance coverage offered in connection with a group health plan), except that such coinsurance or other cost- sharing for any portion may not be greater than such coinsurance or cost-sharing that is otherwise applicable with respect to benefits for diagnostic mammography. ``(4) Nothing in this section shall be construed as preventing a group health plan or a health insurance issuer offering group health insurance coverage from requiring that a participant or beneficiary, before undergoing an annual screening mammography more frequently than on an annual basis, consult with an appropriate health care practitioner or obtain a written authorization from such a practitioner for submission to the plan or issuer, but nothing in this section shall be construed as requiring prior authorization before undergoing an annual screening mammography. ``(d) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed as preventing a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage for any class of participants or beneficiaries if there is a State law (as defined in section 731(d)(1)) for a State that regulates such coverage, that requires coverage to be provided for annual screening mammography for such class, and that provides at least the protections described in subsection (b). ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (4) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``714. Standards relating to benefits for screening mammography.''. (c) Effective Dates.--(1) Subject to paragraph (2), the amendments made by this section shall apply with respect to group health plans (and health insurance coverage offered in connection with group health plans) for plan years beginning on or after January 1, 2006. (2) In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminate (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2006. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 3. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER INDIVIDUAL HEALTH COVERAGE. (a) In General.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) In General.--The provisions of section 2707 (other than subsections (d) and (f)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan. ``(c) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage for any class of individuals if there is a State law (as defined in section 2723(d)(1)) for a State that regulates such coverage, that requires coverage in the individual health insurance market to be provided for annual screening mammography for such class and that provides at least the protections described in section 2707(b) (as applied under subsection (a)). ``(2) Construction.--Section 2762(a) shall not be construed as superseding a State law described in paragraph (1).''. (b) Conforming Amendment.--Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, or renewed in the individual market on or after such January 1, 2006. SEC. 4. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER MEDICAID. (a) In General.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (27); (2) by redesignating paragraph (28) as paragraph (29); and (3) by inserting after paragraph (27) the following new paragraph: ``(28) annual screening mammography (as defined in subsection (x)) that is conducted by a facility that has a certificate (or provisional certificate) issued under section 354 of the Public Health Service Act; and''. (b) Annual Screening Mammography Defined.--Section 1905 of such Act (42 U.S.C. 1396d) is amended by adding at the end the following new subsection: ``(y) The term `annual screening mammography' means a radiologic procedure provided to a woman, not more frequently than on an annual basis, for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure.''. (c) Making Coverage Mandatory.--Section 1902(a)(10)(A) of such Act (42 U.S.C. 1396a(a)(10)(A)) is amended by striking ``(17) and (21)'' and inserting ``(17), (21), and (27)''. (d) Conforming Amendments.--Section 1902(a)(10)(C)(iv) of such Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended-- (1) by striking ``and (17)'' and inserting ``, (17), and (27)'', and (2) by striking ``through (24)'' and inserting ``through (28)''; and (e) Effective Date.--(1) Except as provided in paragraph (2), the amendments made by this section shall apply to screening mammography performed on or after January 1, 2006, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Screening Mammography Act of 2005 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan, and a health insurance issuer offering group coverage, that provides coverage for diagnostic mammography for any class of participants or beneficiaries to also provide coverage for annual screening mammography for that class under terms that are not less favorable. Prohibits: (1) denying screening coverage on the basis that the screening is not medically necessary or is not pursuant to a referral or recommendation; (2) denying eligibility, enrollment, or renewal solely to avoid this requirement; (3) providing monetary incentives to participants or beneficiaries to encourage them to accept less than such minimum protections; (4) penalizing providers because they provide such care; or (5) providing incentives to induce providers to provide such care. Declares that this Act does not preempt any state laws providing at least these protections. Applies such requirements and prohibitions to health coverage offered in the individual market. Amends title XIX (Medicaid) of the Social Security Act to mandate coverage of annual screening mammographies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Counterfeit Drug Enforcement Act''. SEC. 2. RECALL AUTHORITY REGARDING DRUGS. Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506C the following section: ``SEC. 506D. RECALL AUTHORITY. ``(a) Order to Cease Distribution of Drug; Notification of Health Professionals.-- ``(1) In general.--If the Secretary finds that there is a reasonable probability that a drug intended for human use would cause serious, adverse health consequences or death, the Secretary shall issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug)-- ``(A) to immediately cease distribution of the drug; and ``(B) to immediately notify health professionals of the order and to instruct such professionals to cease administering or prescribing the drug. ``(2) Informal hearing.--An order under paragraph (1) shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than 10 days after the date of the issuance of the order, on the actions required by the order and on whether the order should be amended to require a recall of the drug involved. If, after providing an opportunity for such a hearing, the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall vacate the order. ``(b) Order to Recall Drug.-- ``(1) In general.--If, after providing an opportunity for an informal hearing under subsection (a)(2), the Secretary determines that the order should be amended to include a recall of the drug with respect to which the order was issued, the Secretary shall, except as provided in paragraphs (2) and (3), amend the order to require a recall. The Secretary shall specify a timetable in which the drug recall will occur and shall require periodic reports to the Secretary describing the progress of the recall. ``(2) Certain actions.--An amended order under paragraph (1)-- ``(A) shall not include recall of a drug from individuals; and ``(B) shall provide for notice to individuals subject to the risks associated with the use of the drug. ``(3) Assistance of health professionals.--In providing the notice required by paragraph (2)(B), the Secretary may use the assistance of health professionals who administered the drug involved to individuals or prescribed the drug for individuals. If a significant number of such individuals cannot be identified, the Secretary shall notify such individuals pursuant to section 705(b).''. SEC. 3. SALE OR TRADE OF PRESCRIPTION DRUGS KNOWINGLY CAUSED TO BE ADULTERATED OR MISBRANDED; KNOWING PURCHASE OR TRADE. (a) Criminal Penalty.--Section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)) is amended by adding at the end the following paragraph: ``(3) Notwithstanding paragraph (1) or (2), in the case of a person who violates section 301(a), 301(b), or 301(c) with respect to a drug that is subject to section 503(b)(1)(B), if the person knowingly caused the drug to be adulterated or misbranded and sells or trades the drug, or the person purchases or trades for the drug knowing or having reason to know that the drug was knowingly caused to be adulterated or misbranded, the person shall be fined in accordance with title 18, United States Code, or imprisoned for any term of years or for life, or both.''. (b) Notification of Food and Drug Administration by Manufacturers.--Section 505(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(k)) is amended by adding at the end the following paragraph: ``(3) A manufacturer of a drug that receives or otherwise becomes aware of information that reasonably suggests that a violation described in section 303(a)(3) may have occurred with respect to the drug shall report such information to the Secretary not later than 48 hours after first receiving or otherwise becoming aware of the information.''. (c) Increased Funding for Inspections, Examinations, and Investigations.--For the purpose of increasing the capacity of the Food and Drug Administration to conduct inspections, examinations, and investigations under the Federal Food, Drug, and Cosmetic Act with respect to violations described in section 303(a)(3) of such Act, there is authorized to be appropriated $60,000,000 for each of the fiscal years 2004 through 2008, in addition to other authorizations of appropriations that are available for such purpose. SEC. 4. OTHER CRIMINAL PENALTIES; CLARIFICATION REGARDING FINES. Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``shall be imprisoned'' and all that follows and inserting the following: ``shall be fined in accordance with title 18, United States Code, or imprisoned not more than one year, or both.''; and (B) in paragraph (2), by striking ``shall be imprisoned'' and all that follows and inserting the following: ``shall be fined in accordance with title 18, United States Code, or imprisoned not more than three years, or both.''; and (2) in subsection (b)(1), in the matter after and below subparagraph (D), by striking ``shall be imprisoned'' and all that follows an inserting the following: ``shall be fined in accordance with title 18, United States Code, or imprisoned not more than 10 years, or both.''.

Counterfeit Drug Enforcement Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, upon a finding of reasonable probability that a drug intended for human use would cause serious health consequences or death, to issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug) to: (1) cease distribution of the drug; (2) notify health professionals of the order and instruct such professionals to cease administering or prescribing the drug; and (3) amend the order to include a recall if necessary. Provides a criminal fine and/or imprisonment for a person who knowingly caused a prescription drug to be adulterated or misbranded and sells or trades the drug, or who purchased or traded for the drug knowing or having reason to know that the drug was knowingly adulterated or misbranded. Provides additional funding for Food and Drug Administration (FDA) inspections and investigations. Modifies provisions pertaining to criminal penalties for committing certain prohibited acts involving food, drugs, devices, or cosmetics to: (1) make a violation punishable by a fine in accordance with Federal criminal law, imprisonment for not more than one year, or both; (2) make a second violation, or a violation committed with intent to defraud or mislead, punishable by a fine in accordance with Federal criminal law, imprisonment for not more than three years, or both; and (3) make a violation of provisions pertaining to prescription drug marketing punishable by a fine in accordance with Federal criminal law, imprisonment for not more than ten years, or both.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Express Appeals Act''. SEC. 2. PILOT PROGRAM ON EXPRESS APPEALS. (a) In General.--The Secretary of Veterans Affairs shall carry out a pilot program to provide the option of an alternative appeals process that shall more quickly determine such appeals in accordance with this section. (b) Election.-- (1) Filing.--In accordance with paragraph (2), a claimant may elect to file an express appeal under the pilot program under subsection (a) by filing with the Secretary the following: (A) The notice of disagreement under chapter 71 of title 38, United States Code. (B) All evidence that the claimant believes is needed for the appeal as of the date of the filing. (C) A statement of the argument in support of the claim, if any. (D) The written election of the claimant to have the appeal determined under the pilot program. (2) Timing.--A claimant shall make an election under paragraph (1)-- (A) if the claimant has filed a traditional appeal with respect to the claim for disability compensation before the date on which the pilot program under subsection (a) commences, at any time during the traditional appeal process; or (B) if the claimant has not so filed a traditional appeal with respect to the claim for disability compensation before such date, by not later than 90 days after the date on which the Secretary provides to the claimant the notice of the determination of the claim. (3) Change of processing.--If a claimant described in paragraph (2)(A) seeks to elect to make an election under paragraph (1) to change a traditional appeal to an express appeal, the Secretary shall-- (A) inform the claimant of whether, in light of such traditional appeal being processed, the claimant will achieve any time savings through such an express appeal; and (B) if the claimant elects to file such express appeal, process the express appeal in accordance with this section to the extent practicable. (4) Reversion.--At any time, a claimant who makes an election under paragraph (1) may elect to revert to the traditional appeals process without any penalty to the claimant other than the loss of the docket number associated with the express appeal. (5) Use of express appeal.--A claimant may only make an election under paragraph (1) with respect to a claim for disability compensation filed by the claimant that is not, with respect to a claim previously decided by express appeal, a petition to reopen the claim or a separate claim for an increased rating for the claim. (6) Outreach.--In providing claimants with notices of the determination of a claim during the period in which the pilot program under subsection (a) is carried out, the Secretary shall provide to the claimant information regarding-- (A) the pilot program; (B) how to make an election under paragraph (1); (C) what documents the claimant must provide during the course of the appeals process; and (D) the ability of the claimant to seek advice and education regarding such process from veterans service organizations and attorneys recognized under chapter 59 of title 38, United States Code. (c) Treatment by Department and Board.-- (1) Process.--Upon the election of a claimant to file an express appeal pursuant to subsection (b)(1), the Secretary shall-- (A) not provide the claimant with a statement of the case nor require the claimant to file a substantive appeal; and (B) transfer jurisdiction over the express appeal directly to the Board of Veterans' Appeals. (2) Docket.--The Board of Veterans' Appeals shall-- (A) maintain express appeals on a separate docket than traditional appeals; (B) hear express appeals in the order that the express appeals are received on the express appeal docket; and (C) decide not more than one express appeal for each four traditional appeals decided. (3) New evidence.-- (A) If a claimant submits to the Board of Veterans' Appeals any new evidence relating to an express appeal after filing such appeal, the claimant may-- (i) revert to the traditional appeals process pursuant to subsection (b)(4) and use such new evidence during the course of such process; or (ii) withdraw such new evidence and continue the express appeal. (B) If a claimant withdraws new evidence pursuant to subparagraph (A)(ii), the Secretary shall inform the claimant, after the Board decides the express appeal, of the ability of the claimant to use such new evidence as the basis for a petition to reopen the claim or as a separate claim for an increased rating. (4) Prohibition on remand to regional office.--If the Board of Veterans' Appeals determines that an express appeal requires additional information, including any medical examination, the Board shall-- (A) direct the Veterans Benefits Administration to take such actions as may be necessary to develop such information; (B) retain jurisdiction of the express appeal without requiring a determination by the Veterans Benefits Administration based on such information; (C) direct the Veterans Benefits Administration to ensure the claimant receives a copy of such information; and (D) provide the claimant a period of 45 days after the receipt of such information to provide the Board any additional evidence. (5) Hearings.--Notwithstanding section 7107 of title 38, United States Code, the Board of Veterans' Appeals may not provide hearings with respect to express appeals. A claimant may request to hold a hearing pursuant to such section 7107 if the claimant reverts to the traditional appeals process pursuant to subsection (b)(4). (d) Duration; Application.--The Secretary shall carry out the pilot program under subsection (a) for a five-year period beginning one year after the date of the enactment of this Act. This section shall apply only to express appeals that are filed during such period. (e) Reports.--During each year in which the pilot program under subsection (a) is carried out, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the pilot program. The first such report shall be submitted by not later than 180 days after the date on which the pilot program commences. (f) Definitions.--In this section: (1) The term ``claimant'' has the meaning given that term in section 5100 of title 38, United States Code. (2) The term ``compensation'' has the meaning given that term in section 101 of title 38, United States Code. (3) The term ``express appeal'' means an appeal of a claim for disability compensation that is-- (A) filed by a claimant in accordance with subsection (b)(1); and (B) considered in accordance with this section. (4) The term ``traditional appeal'' means an appeal of a claim for disability compensation that is not an express appeal.

Express Appeals Act - Directs the Secretary of Veterans Affairs (VA) to: (1) carry out a five-year pilot program to provide the option of an alternative appeals process to determine appeals of claims for disability compensation more quickly, and (2) inform claimants about such program. Authorizes a claimant to elect to file an express appeal by filing with the Secretary: (1) a notice of disagreement, (2) all evidence that the claimant believes is needed for the appeal, (3) a statement of the argument in support of the claim, and (4) the claimant's written election to have the appeal determined under the pilot program. Requires the Secretary to transfer jurisdiction over an express appeal directly to the Board of Veterans' Appeals. Requires a claimant to make such election: (1) at any time during the traditional appeal process if the claimant has filed a traditional appeal before the pilot program commences, or (2) by 90 days after the Secretary provides notice of the determination of the claim if the claimant has not filed a traditional appeal. Directs the Secretary to inform a claimant who seeks to change a traditional appeal to an express appeal about whether any time will be saved. Allows a claimant who elects to file an express appeal to elect to revert to a traditional appeal at any time. Requires the Board of Veterans' Appeals to: (1) maintain express appeals on a separate docket, (2) hear express appeals in the order received, and (3) decide not more than one express appeal for each four traditional appeals decided. Sets forth provisions regarding: (1) the effects of new evidence submitted or additional information needed after an express appeal is filed, and (2) a prohibition against the Board providing hearings for express appeals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft and Assumption Deterrence Act of 1998''. SEC. 2. IDENTITY THEFT. (a) Establishment of Offense.--Section 1028(a) of title 18, United States Code, is amended-- (1) in paragraph (5), by striking ``or'' at the end; (2) in paragraph (6), by adding ``or'' at the end; (3) in the flush matter following paragraph (6), by striking ``or attempts to do so,''; and (4) by inserting after paragraph (6) the following: ``(7) knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or otherwise promote, carry on, or facilitate any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law;''. (b) Penalties.--Section 1028(b) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking ``or'' at the end (B) in subparagraph (C), by adding ``or'' at the end; and (C) by adding at the end the following: ``(D) an offense under paragraph (7) of such subsection that involves the transfer or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating $1,000 or more during any 1-year period;''; (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``or transfer of an identification document or'' and inserting ``transfer, or use of a means of identification, an identification document, or a''; and (B) in subparagraph (B), by inserting ``or (7)'' after ``(3)''; (3) by striking paragraphs (3) and (4) and inserting the following: ``(3) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed-- ``(A) to facilitate a drug trafficking crime (as defined in section 929(a)(2)); or ``(B) after a prior conviction under this section becomes final; ``(4) a fine under this title or imprisonment for not more than 25 years, or both, if the offense is committed-- ``(A) to facilitate an act of international terrorism (as defined in section 2331(1)); or ``(B) in connection with a crime of violence (as defined in section 924(c)(3));''; (4) by redesignating paragraph (5) as paragraph (6); and (5) by inserting after paragraph (4) (as added by paragraph (3) of this subsection) the following: ``(5) in the case of any offense under subsection (a), forfeiture to the United States of any personal property used or intended to be used to commit the offense; and''. (c) Circumstances.--Section 1028(c) of title 18, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) either-- ``(A) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce; or ``(B) the means of identification, identification document, false identification document, or document- making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.''. (d) Definitions.--Section 1028 of title 18, United States Code, is amended by striking subsection (d) and inserting the following: ``(d) Definitions.--In this section: ``(1) Document-making implement.--The term `document-making implement' means any implement, impression, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document- making implement. ``(2) Identification document.--The term `identification document' means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals. ``(3) Means of identification.--The term `means of identification' means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any-- ``(A) name, social security number, date of birth, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number; ``(B) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; ``(C) unique electronic identification number, address, or routing code; or ``(D) telecommunication identifying information or access device (as defined in section 1029(e)). ``(4) Personal identification card.--The term `personal identification card' means an identification document issued by a State or local government solely for the purpose of identification. ``(5) Produce.--The term `produce' includes alter, authenticate, or assemble. ``(6) State.--The term `State' includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States.''. (e) Attempt and Conspiracy.--Section 1028 of title 18, United States Code, is amended by adding at the end the following: ``(f) Attempt and Conspiracy.--Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.''. (f) Forfeiture Procedures.--Section 1028 of title 18, United States Code, is amended by adding at the end the following: ``(g) Forfeiture Procedures.--The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 (other than subsection (d) of that section) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853).''. (g) Rule of Construction.--Section 1028 of title 18, United States Code, is amended by adding at the end the following: ``(h) Rule of Construction.--For purpose of subsection (a)(7), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.''. (g) Conforming Amendments.--Chapter 47 of title 18, United States Code, is amended-- (1) in section 1028, by striking ``or attempts to do so,''; (2) in the heading for section 1028, by adding ``and information'' at the end; and (3) in the analysis for the chapter, in the item relating to section 1028, by adding ``and information'' at the end. SEC. 3. RESTITUTION. Section 3663A of title 18, United States Code, is amended-- (1) in subsection (c)(1)(A)-- (A) in clause (ii), by striking ``or'' at the end; (B) in clause (iii), by striking ``and'' at the end and inserting ``or''; and (C) by adding at the end the following: ``(iv) an offense described in section 1028 (relating to fraud and related activity in connection with means of identification or identification documents); and''; and (2) by adding at the end the following: ``(e) Fraud and Related Activity in Connection With Identification Documents and Information.--Making restitution to a victim under this section for an offense described in section 1028 (relating to fraud and related activity in connection with means of identification or identification documents) may include payment for any costs, including attorney fees, incurred by the victim, including any costs incurred-- ``(1) in clearing the credit history or credit rating of the victim; or ``(2) in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as a result of the actions of the defendant.''. SEC. 4. AMENDMENT OF FEDERAL SENTENCING GUIDELINES FOR OFFENSES UNDER SECTION 1028. (a) In General.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, as appropriate, to provide an appropriate penalty for each offense under section 1028 of title 18, United States Code, as amended by this Act. (b) Factors for Consideration.--In carrying out subsection (a), the United States Sentencing Commission shall consider, with respect to each offense described in subsection (a)-- (1) the extent to which the number of victims (as defined in section 3663A(a) of title 18, United States Code) involved in the offense, including harm to reputation, inconvenience, and other difficulties resulting from the offense, is an adequate measure for establishing penalties under the Federal sentencing guidelines; (2) the number of means of identification, identification documents, or false identification documents (as those terms are defined in section 1028(d) of title 18, United States Code, as amended by this Act) involved in the offense, is an adequate measure for establishing penalties under the Federal sentencing guidelines; (3) the extent to which the value of the loss to any individual caused by the offense is an adequate measure for establishing penalties under the Federal sentencing guidelines; (4) the range of conduct covered by the offense; (5) the extent to which sentencing enhancements within the Federal sentencing guidelines and the court's authority to sentence above the applicable guideline range are adequate to ensure punishment at or near the maximum penalty for the most egregious conduct covered by the offense; (6) the extent to which Federal sentencing guidelines sentences for the offense have been constrained by statutory maximum penalties; (7) the extent to which Federal sentencing guidelines for the offense adequately achieve the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code; and (8) any other factor that the United States Sentencing Commission considers to be appropriate. SEC. 5. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR VICTIMS OF IDENTITY THEFT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall establish procedures to-- (1) log and acknowledge the receipt of complaints by individuals who certify that they have a reasonable belief that 1 or more of their means of identification (as defined in section 1028 of title 18, United States Code, as amended by this Act) have been assumed, stolen, or otherwise unlawfully acquired in violation of section 1028 of title 18, United States Code, as amended by this Act; (2) provide informational materials to individuals described in paragraph (1); and (3) refer complaints described in paragraph (1) to appropriate entities, which may include referral to-- (A) the 3 major national consumer reporting agencies; and (B) appropriate law enforcement agencies for potential law enforcement action. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 6. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE. (a) Technical Correction Relating to Criminal Forfeiture Procedures.--Section 982(b)(1) of title 18, United States Code, is amended to read as follows: ``(1) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 (other than subsection (d) of that section) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853).''. (b) Economic Espionage and Theft of Trade Secrets as Predicate Offenses For Wire Interception.--Section 2516(1)(a) of title 18, United States Code, is amended by inserting ``chapter 90 (relating to protection of trade secrets),'' after ``to espionage),''. Passed the Senate July 30, 1998. Attest: GARY SISCO, Secretary.

Identity Theft and Assumption Deterrence Act of 1998 - Amends the Federal criminal code to make it unlawful for anyone to knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or otherwise promote, carry on, or facilitate any unlawful activity that constitutes a violation of Federal law or a felony under State or local law. Defines such "means of identification" as any name or number that may be used to identify a specific individual. Prescribes criminal penalties for first and subsequent offenses involving fraud and related activity in connection with identification documents (identity fraud), including for such offenses committed in connection with other specified crimes. Subjects to the same penalties any person who attempts or conspires to commit such an offense. Provides that the forfeiture of property under identity fraud provisions shall be governed by the criminal forfeiture provisions of the Comprehensive Drug Abuse Prevention and Control Act of 1970. Provides for mandatory restitution for identity fraud victims which may include payment of any costs, including attorney's fees, incurred: (1) in clearing a credit history or rating; or (2) in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation arising as a result of the defendant's actions. Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide an appropriate penalty for such offenses, taking into account specified factors. Directs the Federal Trade Commission to establish procedures to: (1) log and acknowledge the receipt of complaints by individuals having reason to believe that one or more of their means of identification have been assumed, stolen, or otherwise unlawfully acquired; (2) provide informational materials to such individuals; and (3) refer such complaint to the appropriate entities, including national consumer reporting agencies and law enforcement agencies. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Survivor Outreach and Support Campus Act'' or the ``SOS Campus Act''. SEC. 2. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION AND RESPONSE. Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following: ``SEC. 124. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION AND RESPONSE. ``(a) Advocate.-- ``(1) In general.-- ``(A) Designation.--Each institution of higher education that receives Federal financial assistance under title IV shall designate an independent advocate for campus sexual assault prevention and response (referred to in this section as the `Advocate') who shall be appointed based on experience and a demonstrated ability of the individual to effectively provide sexual assault victim services. ``(B) Notification of existence of and information for the advocate.--Each employee of an institution described in subparagraph (A) who receives a report of sexual assault shall notify the victim of the existence of, contact information for, and services provided by the Advocate of the institution. ``(C) Appointment.--Not later than 180 days after the date of enactment of the Survivor Outreach and Support Campus Act, the Secretary shall prescribe regulations for institutions to follow in appointing Advocates under this section. At a minimum, each Advocate shall-- ``(i) report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints at the institution; and ``(ii) submit to such individual an annual report summarizing how the resources supplied to the advocate were used, including the number of male and female sexual assault victims assisted. ``(2) Role of the advocate.--In carrying out the responsibilities described in this section, the Advocate shall represent the interests of the student victim even when in conflict with the interests of the institution. ``(b) Sexual Assault.--In this section, the term `sexual assault' means penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim, including when the victim is incapable of giving consent. ``(c) Responsibilities of the Advocate.--Each Advocate shall carry out the following, regardless of whether the victim wishes the victim's report to remain confidential: ``(1)(A) Ensure that victims of sexual assault at the institution receive, with the victim's consent, the following sexual assault victim's assistance services available 24 hours a day: ``(i) Information on how to report a campus sexual assault to law enforcement. ``(ii) Emergency medical care, including follow up medical care as requested. ``(iii) Medical forensic or evidentiary examinations. ``(B) Ensure that victims of sexual assault at the institution receive, with the victim's consent, the following sexual assault victim's assistance services: ``(i) Crisis intervention counseling and ongoing counseling. ``(ii) Information on the victim's rights and referrals to additional support services. ``(iii) Information on legal services. ``(C) The services described in subparagraphs (A) and (B) may be provided either-- ``(i) on the campus of the institution in consultation with a rape crisis center, legal organization, or other community-based organization; or ``(ii) pursuant to a memorandum of understanding (that includes transportation services), at a rape crisis center, legal organization, or other community- based organization located within a reasonable distance from the institution. ``(D) A victim of sexual assault may not be disciplined, penalized, or otherwise retaliated against for reporting such assault to the Advocate. ``(2) Guide victims of sexual assault who request assistance through the reporting, counseling, administrative, medical and health, academic accommodations, or legal processes of the institution or local law enforcement. ``(3) Attend, at the request of the victim of sexual assault, any administrative or institution-based adjudication proceeding related to such assault as an advocate for the victim. ``(4) Maintain the privacy and confidentiality of the victim and any witness of such sexual assault, and shall not notify the institution or any other authority of the identity of the victim or any such witness or the alleged circumstances surrounding the reported sexual assault, unless otherwise required by the applicable laws in the State where such institution is located. ``(5) Conduct a public information campaign to inform the students enrolled at the institution of the existence of, contact information for, and services provided by the Advocate, including-- ``(A) posting information-- ``(i) on the website of the institution; ``(ii) in student orientation materials; and ``(iii) on posters displayed in dormitories, cafeterias, sports arenas, locker rooms, entertainment facilities, and classrooms; and ``(B) training coaches, faculty, school administrators, resident advisors, and other staff to provide information on the existence of, contact information for, and services provided by the Advocate. ``(d) Clery Act and Title IX.--Nothing in this section shall alter or amend the rights, duties, and responsibilities under section 485(f) or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (also known as the Patsy Takemoto Mink Equal Opportunity in Education Act).''.

Survivor Outreach and Support Campus Act or the SOS Campus Act - Amends the Higher Education Act of 1965 to require each institution of higher education (IHE) that participates in the programs under title IV (Student Assistance) to designate an independent advocate for campus sexual assault prevention and response (Advocate) with experience in providing sexual assault victim services. Directs the Secretary of Education to prescribe regulations for IHEs to follow in appointing Advocates. Requires each Advocate to: (1) report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints at the IHE, (2) submit to such individual an annual report summarizing how the resources supplied to the Advocate were used, and (3) represent the interests of each student victim even when they conflict with the IHE's interests. Directs each Advocate to: ensure that sexual assault victims at the IHE receive, with their consent, specified information and services; guide sexual assault victims who request assistance through the reporting, counseling, administrative, medical and health, academic accommodations, or legal processes of the IHE or local law enforcement; attend, at the request of a sexual assault victim, any administrative or IHE-based adjudication proceeding related to such assault as an advocate for the victim; maintain the privacy and confidentiality of the victim and any witness to such sexual assault, without notifying the IHE or any other authority of the identity of the victim or of any such witness or the alleged circumstances surrounding the reported sexual assault, unless otherwise required to do so by state law; and conduct a public information campaign to inform the students enrolled at the IHE of the existence of, contact information for, and services provided by the Advocate.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Make College Affordable Act of 2003''. SEC. 2. EXPANSION OF DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Amount of Deduction.--Subsection (b) of section 222 of the Internal Revenue Code of 1986 (relating to deduction for qualified tuition and related expenses) is amended to read as follows: ``(b) Limitations.-- ``(1) Dollar limitations.-- ``(A) In general.--Except as provided in paragraph (2), the amount allowed as a deduction under subsection (a) with respect to the taxpayer for any taxable year shall not exceed the applicable dollar limit. ``(B) Applicable dollar limit.--The applicable dollar limit for any taxable year shall be determined as follows: Applicable ``Taxable year: dollar amount: 2003.......................................... $8,000 2004 and thereafter........................... $12,000. ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount which would (but for this paragraph) be taken into account under subsection (a) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $65,000 ($130,000 in the case of a joint return), bears to ``(ii) $15,000 ($30,000 in the case of a joint return). ``(C) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined-- ``(i) without regard to this section and sections 911, 931, and 933, and ``(ii) after the application of sections 86, 135, 137, 219, 221, and 469. For purposes of the sections referred to in clause (ii), adjusted gross income shall be determined without regard to the deduction allowed under this section. ``(D) Inflation adjustments.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 2003, both of the dollar amounts in subparagraph (B)(i)(II) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50.''. (b) Qualified Tuition and Related Expenses of Eligible Students.-- (1) In general.--Section 222(a) of the Internal Revenue Code of 1986 (relating to allowance of deduction) is amended by inserting ``of eligible students'' after ``expenses''. (2) Definition of eligible student.--Section 222(d) of such Code (relating to definitions and special rules) is amended by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Eligible student.--The term `eligible student' has the meaning given such term by section 25A(b)(3).''. (c) Deduction Made Permanent.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to the amendments made by section 431 of such Act. (d) Effective Date.--The amendments made by this section shall apply to payments made in taxable years beginning after December 31, 2002. SEC. 3. CREDIT FOR INTEREST ON HIGHER EDUCATION LOANS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. INTEREST ON HIGHER EDUCATION LOANS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the interest paid by the taxpayer during the taxable year on any qualified education loan. ``(b) Maximum Credit.-- ``(1) In general.--Except as provided in paragraph (2), the credit allowed by subsection (a) for the taxable year shall not exceed $1,500. ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--If the modified adjusted gross income of the taxpayer for the taxable year exceeds $50,000 ($100,000 in the case of a joint return), the amount which would (but for this paragraph) be allowable as a credit under this section shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so allowable as such excess bears to $20,000 ($40,000 in the case of a joint return). ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined without regard to sections 911, 931, and 933. ``(C) Inflation adjustment.--In the case of any taxable year beginning after 2003, the $50,000 and $100,000 amounts referred to in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2002' for `1992'. ``(D) Rounding.--If any amount as adjusted under subparagraph (C) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. ``(c) Dependents Not Eligible for Credit.--No credit shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Limit on Period Credit Allowed.--A credit shall be allowed under this section only with respect to interest paid on any qualified education loan during the first 60 months (whether or not consecutive) in which interest payments are required. For purposes of this paragraph, any loan and all refinancings of such loan shall be treated as 1 loan. ``(e) Definitions.--For purposes of this section-- ``(1) Qualified education loan.--The term `qualified education loan' has the meaning given such term by section 221(e)(1). ``(2) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(f) Special Rules.-- ``(1) Denial of double benefit.--No credit shall be allowed under this section for any amount taken into account for any deduction under any other provision of this chapter. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(3) Marital status.--Marital status shall be determined in accordance with section 7703.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Interest on higher education loans.''. (c) Effective Date.--The amendments made by this section shall apply to any qualified education loan (as defined in section 25C(e)(1) of the Internal Revenue Code of 1986, as added by this section) incurred on, before, or after the date of the enactment of this Act, but only with respect to any loan interest payment due after December 31, 2002.

Make College Affordable Act of 2003 - Amends the Internal Revenue Code to: (1) increase the deduction for higher education expenses by increasing the applicable dollar limit; and (2) allow a limited credit for interest paid on higher education loans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Ex-Offender Self- Sufficiency Act of 2003''. SEC. 2. TEMPORARY EX-OFFENDER LOW-INCOME HOUSING CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45G. EX-OFFENDER LOW-INCOME HOUSING CREDIT. ``(a) In General.--For purposes of section 38, the amount of the ex-offender low-income housing credit determined under this section for any taxable year in the credit period shall be an amount equal to-- ``(1) the applicable percentage of ``(2) the qualified basis of each qualified ex-offender residential building. ``(b) Applicable Percentage.--In the case of any qualified ex- offender residential building, the term `applicable percentage' has the meaning given such term in section 42(b)(2) with respect to qualified low-income buildings, except that, for the purposes of this subsection, the percentages prescribed by the Secretary under section 42(b)(2)(B) shall yield amounts of credit which have a present value equal to 70 percent of the qualified basis of any qualified ex-offender residential building. ``(c) Qualified Basis.-- ``(1) In general.--For purposes of subsection (a) and except as otherwise provided in this subsection, the term `qualified basis' means the adjusted basis of a qualified ex- offender residential building as of the close of the 1st taxable year of the credit period. ``(2) Qualified basis to include portion of building used to provide ex-offender support services.--The qualified basis of any qualified ex-offender residential building for any taxable year shall be increased by the lesser of-- ``(A) so much of the qualified basis of such building as is used throughout the year to provide ex- offender support services, or ``(B) 20 percent of the qualified basis of such building (determined without regard to this paragraph). ``(3) Special rules.--Rules similar to the rules of paragraphs (4), (5) (other than subparagraph (A) thereof), and (7) of section 42(d) shall apply in determining the adjusted basis of any qualified ex-offender residential building. ``(d) Rehabilitation Expenditures.--Rules similar to the rules of section 42(e) shall apply in determining the treatment of rehabilitation expenditures paid or incurred by the taxpayer with respect to a qualified ex-offender residential building. ``(e) Credit Period.--For purposes of this section, rules similar to the rules of section 42(f) shall apply in determining the credit period with respect to any qualified ex-offender residential building. ``(f) Qualified Ex-Offender Residential Building.--For purposes of this section, the term `qualified ex-offender residential building' means any building which, at all times during the compliance period, meets the following requirements: ``(1) Ex-offender residential units.-- ``(A) In general.--Each residential unit in such building shall be made available for occupancy to not more than 1 ex-offender. ``(B) Residency requirements.--Such ex-offender must-- ``(i) meet the residency requirements under subsection (g); ``(ii) have failed to meet such requirements for fewer than 14 days; or ``(iii) be in the process of being evicted from such building for failing to meet such requirements. ``(C) Flexibility.--A building shall not be determined to fail to satisfy the requirements of this paragraph solely because-- ``(i) some or all of the residential units in such building are single room occupancy (as defined in section (8)(n) of the United States Housing Act of 1937 (42 U.S.C. 1437f(n))), or ``(ii) any unit made available to an ex- offender is also made available to one or more of the ex-offender's sons, daughters, step- sons, or step-daughters. ``(2) Self-sufficiency centers for ex-offenders.--The building shall include a self-sufficiency center for ex- offenders that-- ``(A) is specifically designed to accommodate, and reserved for, the provision of ex-offender support services to residents of the facility and other ex- offenders; ``(B) is made available for rental by providers of such services at a rate determined by the owner of the facility; and ``(C) provides an array of such services sufficient to meet a significant portion of the needs of ex- offenders for ex-offender support services. ``(3) Rent limitations.--The portion of the monthly rent payable by the occupant of each unit in the building may not exceed 30 percent of the adjusted monthly income (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) of the occupant. ``(g) Residency Requirements.-- ``(1) In general.--An ex-offender meets the residency requirements for a qualified ex-offender residential building if such ex-offender-- ``(A) has a low income; ``(B) is participating in an ex-offender support services program as described in paragraph (3)(B); ``(C) has not been prohibited from residency under paragraph (4); and ``(D) commences occupancy of a unit in a qualified ex-offender residential building on a date that is not later than-- ``(i) in the case of an ex-offender who has been discharged from prison, jail, a half-way house, or any other correctional facility, 12 months after such discharge; or ``(ii) in the case of any ex-offender whose sentence did not include confinement to a correctional facility, 12 months after the date of the ex-offender's conviction. ``(2) Low-income.--For purposes of this section, an ex- offender is considered to have a low income if, at the commencement of the ex-offender's occupancy of a residential unit, the income (if any) of the ex-offender does not exceed 60 percent of area median gross income (as determined consistent with section 8 of the United States Housing Act of 1937). ``(3) Participation in ex-offender support services program.-- ``(A) Program.--For purposes of this section, an ex-offender support services program is a program for the provision of specific ex-offender support services for an ex-offender that-- ``(i) is created and managed by a coordinating individual or entity having education, training, and experience with ex- offenders and their support services needs; ``(ii) is specifically designed to meet the needs of the particular ex-offender for ex- offender support services; ``(iii) sets forth a specific duration over which the ex-offender support services are to be provided and goals by which to assess the progress of the ex-offender; and ``(iv) provides for continual oversight to monitor the progress and needs of the ex- offender and to ensure that the ex-offender is being provided the appropriate ex-offender support services and is complying with the requirements of the program. ``(B) Participation.--For purposes of this section, an ex-offender is considered to be participating in an ex-offender support services program if the ex- offender-- ``(i) has entered into a written agreement with the coordinator for the program that-- ``(I) sets forth the ex-offender support services that are appropriate for, and will be made available to, the ex-offender and the duration of the program for the ex-offender; and ``(II) provides that the ex- offender's continued attendance at scheduled program meetings and events and obtaining of program services are a condition of the ex-offender's continued residency in the facility; and ``(ii) is not in default with regard to the ex-offender's obligations under such agreement. ``(C) Ex-offender support services.--For purposes of this section, the term `ex-offender support services' means services that assist ex-offenders to develop skills necessary for life outside of the environment of a correctional institution, and includes-- ``(i) job training; ``(ii) employment counseling and placement; ``(iii) entrepreneurial training; ``(iv) financial management training; ``(v) homeownership and rental counseling; ``(vi) drug and alcohol abuse counseling; ``(vii) self-esteem and peer development assistance; ``(viii) anger management counseling; ``(ix) health care services, including mental health services and behavioral counseling; ``(x) probation services; ``(xi) family and crisis management counseling; and ``(xii) general educational assistance and counseling. ``(4) Limitation on term of residency.--An ex-offender may not reside in an ex-offender residential facility at any time after the expiration of the 2-year period beginning upon the commencement of the ex-offender's occupancy in the ex-offender residential facility. ``(h) Ex-Offender.--For purposes of this section, the term `ex- offender' means any individual who has been convicted of a crime under State or Federal law which is punishable by imprisonment for a maximum term of 6 months or longer. ``(i) Allocation and Determination of Credit.-- ``(1) In general.--Except as otherwise provided in this subsection, rules similar to the rules of section 42(h) (other than subparagraphs (E) and (F) of paragraph (1) thereof) shall apply with respect to allocating and determining any credit under this section. ``(2) State housing credit ceiling.--For purposes of this section: ``(A) In general.--The State housing credit ceiling shall be calculated by substituting the amount determined under section 42(h)(3)(C)(ii) with the State allocation. ``(B) State allocation.-- ``(i) Competitive process.--The State allocation for any State shall be determined by the Secretary, utilizing a competitive application process. ``(ii) Basis for competition.--In determining the State allocation for any State, the Secretary shall consider the following: ``(I) Need, as determined by the ratio between the reported number of sentenced prisoners released from State or Federal jurisdiction in the applicant State during the most recent year for which information is available, and the total population of the applicant State. ``(II) The commitment of Federal and other funds within the applicant State for operating costs and ex- offender support services in projects that are to be funded by the State temporary ex-offender low-income housing credit. ``(III) The applicant's plan to collect available information about the success of the program with respect to increased housing stability and lack of additional incarceration of ex-offeder participants. ``(IV) The applicant's organizational capacity for the successful development or operation of qualified ex-offender residential buildings. ``(V) The goal of making allocations to the largest feasible number of States. ``(iii) Aggregate amount.--The aggregate amount of State allocations for any year shall be $85,000,000. ``(C) Building allocations.--The Secretary may allocate a housing credit dollar amount to any building. In making such allocations, the Secretary shall utilize a competitive application process and shall consider the factors described in subparagraph (B)(ii). Any allocation made under this subparagraph shall be treated for purposes of this subsection as part of the State allocation for the State in which such building is located. ``(D) Unused housing credit carryovers.-- ``(i) In general.--The State housing credit ceiling shall be calculated by substituting the amount determined under section 42(h)(3)(C)(iv) with the State carryover allocation. ``(ii) State carryover allocation.--The State carryover allocation for any State shall be determined by the Secretary in a manner similar to the manner in which the State allocation is determined under subparagraph (B). The aggregate amount of State carryover allocations for any year shall be equal to the aggregate unused housing credit carryovers (within the meaning of section 42(h)(3)(D)) of all States for the preceding calendar year. ``(4) Required involvement of qualified non-profit organizations.--For purposes of this section, section 42(h)(5)(A) shall be applied by substituting `0' for `90'. ``(j) Recapture of Credit.--Rules similar to the rules of subsections (i)(1) and (j) of section 42 shall apply for purposes of this section. ``(k) Application of At-Risk Rules.--Rules similar to the rules of section 42(k) shall apply for purposes of this section. ``(l) Certification and Other Reports to Secretary.--Subject to such regulations as the Secretary may prescribe, rules similar to the rules of section 42(l) shall apply for purposes of this section. ``(m) Responsibilities of the Secretary and Housing Credit Agencies.--Rules similar to the rules of subsections (m) and (n) of section 42 shall apply for purposes of this section.''. (b) Inclusion as Current Year Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(13) the ex-offender low-income housing credit under section 45G(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45G. Ex-offender low-income housing credit.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service during taxable years beginning after the date of the enactment of this Act.

Public Safety Ex-Offender Self-Sufficiency Act of 2003 - Amends the Internal Revenue Code to allow a business related tax credit for investment in residential housing units for certain low-income individuals who were convicted of a crime punishable under state or federal law by a prison term of six months or longer (ex-offenders) and who participate in a program of support services, including job and entrepreneurial training, designed to make such ex-offenders self sufficient.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Landmine Moratorium Extension Act of 1993''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Antipersonnel landmines, which are designed to maim and kill people, have been used indiscriminately in dramatically increasing numbers around the world. Hundreds of thousands of noncombatant civilians, including children, have been the primary victims. Unlike other military weapons, landmines often remain implanted and undiscovered after conflict has ended, causing massive suffering to civilian populations. (2) Tens of millions of landmines have been strewn in at least sixty-two countries, often making whole areas uninhabitable. The State Department estimates there are more than ten million landmines in Afghanistan, nine million in Angola, four million in Cambodia, three million in Iraqi Kurdistan, and two million each in Somalia, Mozambique, and the former Yugoslavia. Hundreds of thousands of landmines were used in conflicts in Central America in the 1980's. (3) Advanced technologies are being used to manufacture sophisticated mines which can be scattered remotely at a rate of one thousand per hour. These mines, which are being produced by many industrialized countries, were discovered in Iraqi arsenals after the Persian Gulf War. (4) At least three hundred types of antipersonnel landmines have been manufactured by at least forty four countries, including the United States. However, the United States is not a major exporter of landmines. During the past ten years the Administration has approved ten licenses for the commercial export of antipersonnel landmines with a total value of $980,000, and the sale under the Foreign Military Sales program of one hundred nine thousand one hundred and twenty-nine antipersonnel landmines. (5) The United States signed, but has not ratified, the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious or To Have Indiscriminate Effects. Protocol II of the Convention, otherwise known as the Landmine Protocol, prohibits the indiscriminate use of landmines. (6) When it signed the 1980 Convention, the United States stated: ``We believe that the Convention represents a positive step forward in efforts to minimize injury or damage to the civilian population in time of armed conflict. Our signature of the Convention reflects the general willingness of the United States to adopt practical and reasonable provisions concerning the conduct of military operations, for the purpose of protecting noncombatants.''. (7) The United States also indicated that it had supported procedures to enforce compliance, which were omitted from the Convention's final draft. The United States stated: ``The United States strongly supported proposals by other countries during the Conference to include special procedures for dealing with compliance matters, and reserves the right to propose at a later date additional procedures and remedies, should this prove necessary, to deal with such problems.''. (8) The lack of compliance procedures and other weaknesses have significantly undermined the effectiveness of the Landmine Protocol. Since it entered into force on December 2, 1983, the number of civilians maimed and killed by antipersonnel landmines has multiplied. (9) Since the moratorium on United States sales, transfers and exports of antipersonnel landmines was signed into law on October 23, 1992, the European Parliament has issued a resolution calling for a five year moratorium on sales, transfers and exports of antipersonnel landmines, and the Government of France has announced that it has ceased all sales, transfers and exports of antipersonnel landmines. (10) On December 2, 1993, ten years will have elapsed since the 1980 Convention entered into force, triggering the right of any party to request a United Nations conference to review the Convention. Amendments to the Landmine Protocol may be considered at that time. The Government of France has made a formal request to the United Nations Secretary General for a review conference. With necessary preparations and consultations among governments, a review conference is not expected to be convened before late 1994 or early 1995. (11) The United States should continue to set an example for other countries in such negotiations by extending the moratorium on sales, transfers and exports of antipersonnel landmines for an additional three years. A moratorium of this duration would extend the current prohibition on the sale, transfer and export of antipersonnel landmines a sufficient time to take into account the results of a United Nations review conference. SEC. 3. POLICY. (a) It shall be the policy of the United States to seek verifiable international agreements prohibiting the sale, transfer or export, further limiting the manufacture, possession and use, and eventually, terminating manufacture, possession and use of antipersonnel landmines. (b) It is the sense of the Congress that the President should submit the 1980 Convention on Certain Conventional Weapons to the Senate for ratification. Furthermore, the Administration should participate in a United Nations conference to review the Landmine Protocol, and actively seek to negotiate under United Nations auspices a modification of the Landmine Protocol, or another international agreement, to prohibit the sale, transfer or export of antipersonnel landmines, and to further limit their manufacture, possession and use. SEC. 4. MORATORIUM ON TRANSFERS OF ANTI-PERSONNEL LANDMINES ABROAD. For a period of three years beginning on the date of enactment of this Act-- (1) no sale may be made or financed, no transfer may be made, and no license for export may be issued, under the Arms Export Control Act, with respect to any antipersonnel landmine; and (2) no assistance may be provided under the Foreign Assistance Act of 1961, with respect to the provision of any antipersonnel landmine. SEC. 5. DEFINITION. For purposes of this section, the term ``antipersonnel landmine'' means-- (1) any munition placed under, on, or near the ground or other surface area, or delivered by artillery, rocket, mortar, or similar means or dropped from an aircraft and which is designed to be detonated or exploded by the presence, proximity, or contact of a person; (2) any device or material which is designed, constructed, or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act; and (3) any manually-emplaced munition or device designed to kill, injure, or damage and which is actuated by remote control or automatically after a lapse of time.

Landmine Moratorium Extension Act of 1993 - Declares that it is U.S. policy to seek international agreements prohibiting the sale, transfer, or export, and terminating the manufacture, possession, and use, of antipersonnel landmines. Expresses the sense of the Congress that: (1) the President should submit the 1980 Convention on Certain Conventional Weapons to the Senate for ratification; and (2) the Administration should negotiate a modification of the Landmine Protocol under United Nations auspices or another international agreement to limit the sale, transfer, manufacture, and use of landmines. Prohibits for three years after this Act's enactment: (1) sales, financing, transfers, and the issuance of licenses under the Arms Export Control Act with respect to antipersonnel landmines; and (2) assistance under the Foreign Assistance Act of 1961 with respect to the provision of such landmines.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting American Jobs Act''. SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT. (a) Duties of the General Counsel and Administrative Law Judges.-- The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended-- (1) in section 3(d), by striking ``and issuance of complaints under section 10, and in respect of the prosecution of such complaints before the Board''; and (2) in section 4(a), by striking the fourth sentence. (b) Clarification of the Board's Rulemaking Authority.--Section 6 of such Act (29 U.S.C. 156) is amended by adding at the end the following: ``Such rulemaking authority shall be limited to rules concerning the internal functions of the Board. The Board shall not promulgate rules or regulations that affect the substantive or procedural rights of any person, employer, employee, or labor organization, including rules and regulations concerning unfair labor practices and representation elections.''. (c) Investigatory Power and Adjudicatory Authority Over Unfair Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 160) is amended-- (1) in subsection (a)-- (A) by striking ``prevent any person from engaging in'' and inserting ``investigate''; and (B) by striking ``This power shall'' and all that follows through the end of the subsection; (2) in subsection (b)-- (A) by striking ``Whenever it is charged'' and inserting ``Whenever it appears''; (B) by striking ``or is engaging in'' and inserting ``, is engaging in, or is about to engage in''; (C) by striking ``the Board, or any agent'' and all that follows through ``Provided, That no complaint shall issue'' and inserting ``the aggrieved person may bring a civil action for such relief (including an injunction) as may be appropriate. Any such civil action may be brought in the district court of the United States where the violation occurred, or, at the option of the parties, in the United States District Court for the District of Columbia. No civil action may be brought''; (D) by striking ``charge with the Board'' and all that follows through ``prevented from filing such charge'' and inserting ``civil action, unless the person aggrieved thereby was prevented from filing such civil action''; and (E) by striking ``Any such complaint may be amended'' and all that follows through ``Any such proceeding shall, so far as practicable,'' and inserting ``Any proceeding under this subsection shall''; (3) by striking subsections (c) through (k); (4) by redesignating subsections (l) and (m) as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)-- (A) by striking ``Whenever it is charged'' and inserting ``Whenever it is alleged''; (B) in the first sentence, by striking ``charge'' and inserting ``allegation''; and (C) by striking ``such charge is true and that a complaint should issue, he shall'' and all that follows through the end of the subsection and inserting ``such allegation is true, the officer or regional attorney shall, on behalf of the Board, submit a written summary of the findings to all parties involved in the alleged unfair labor practice.''; and (6) in subsection (d) (as so redesignated)-- (A) by striking ``Whenever it is charged'' and inserting ``Whenever it is alleged''; (B) by striking ``such charge'' and inserting ``such allegation''; and (C) by striking ``and cases given priority under subsection (i)''. (d) Conforming Amendments.--Such Act is amended-- (1) in section 9 (29 U.S.C. 159)-- (A) in subsection (c)(2), by striking ``and in no case shall the Board'' and all that follows through the end of such subsection and inserting a period; (B) by striking subsection (d); and (C) by redesignating subsection (e) as subsection (d); (2) in section 3(b) (29 U.S.C. 153(b)), by striking ``or (e) of section 9'' and inserting ``or (d) of section 9''; (3) in section 8 (29 U.S.C. 158), by striking ``9(e)'' each place it appears and inserting ``9(d)''; and (4) in section 18 (29 U.S.C. 168), by striking ``section 10 (e) or (f)'' and inserting ``subsection (e) or (f) of section 10, as such subsections were in effect on the day before the date of enactment of the Protecting American Jobs Act,''. SEC. 3. REGULATIONS. Not later than 6 months after the date of the enactment of this Act, the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made by this Act.

Protecting American Jobs Act - Amends the National Labor Relations Act to repeal the authority of the General Counsel of the National Labor Relations Board (NLRB) to issue, and prosecute before the Board, complaints with respect to unfair labor practices. Repeals the prohibition against: (1) review of an administrative law judge's report by any person other than a Board member or legal assistant; and (2) advice to or consultation with the Board by an administrative law judge with respect to exceptions taken to his or her findings, rulings, or recommendations. Limits the Board's rulemaking authority to rules concerning the internal functions of the Board. Prohibits the Board from promulgating rules or regulations that affect the substantive or procedural rights of a person, employer, employee, or labor organization, including those concerning unfair labor practices and representation elections. Revises Board powers to grant it the authority to investigate unfair labor practices, but repeals its power to prevent any person from engaging in them. Repeals the Board's power to issue a complaint against a person charging an unfair labor practice. Allows an aggrieved person to bring a civil action for relief (including an injunction) in U.S. district court or the U.S. District Court for the District of Columbia in cases where it appears that a person has engaged, is engaging, or is about to engage in an unfair labor practice.

SECTION 1. CLASS SIZE REDUCTION. Title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7201 et seq.) is amended by adding at the end the following: ``PART E--CLASS SIZE REDUCTION ``SEC. 5701. GRANT PROGRAM. ``(a) Purpose.--The purposes of this section are-- ``(1) to reduce class size through the use of fully qualified teachers; ``(2) to assist States and local educational agencies in recruiting, hiring, and training 100,000 teachers in order to reduce class sizes nationally, in grades 1 through 3, to an average of 18 students per regular classroom; and ``(3) to improve teaching in those grades so that all students can learn to read independently and well by the end of the 3d grade. ``(b) Allotment to States.-- ``(1) Reservation.--From the amount made available to carry out this part for a fiscal year, the Secretary shall reserve not more than 1 percent for the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities carried out in accordance with this section. ``(2) State allotments.-- ``(A) Hold harmless.-- ``(i) In general.--Subject to subparagraph (B) and clause (ii), from the amount made available to carry out this part for a fiscal year and not reserved under paragraph (1), the Secretary shall allot to each State an amount equal to the amount that such State received for the preceding fiscal year under this section. ``(ii) Ratable reduction.--If the amount made available to carry out this part for a fiscal year and not reserved under paragraph (1) is insufficient to pay the full amounts that all States are eligible to receive under clause (i) for such fiscal year, the Secretary shall ratably reduce such amounts for such fiscal year. ``(B) Allotment of additional funds.-- ``(i) In general.--Subject to clause (ii), for any fiscal year for which the amount made available to carry out this part and not reserved under paragraph (1) exceeds the amount made available to the States for the preceding year under the authorities described in subparagraph (A)(i), the Secretary shall allot to each of those States the percentage of the excess amount that is the greater of-- ``(I) the percentage the State received for the preceding fiscal year of the total amount made available to the States under section 1122; or ``(II) the percentage so received of the total amount made available to the States under section 2111(b). ``(ii) Ratable reductions.--If the excess amount for a fiscal year is insufficient to pay the full amounts that all States are eligible to receive under clause (i) for such fiscal year, the Secretary shall ratably reduce such amounts for such fiscal year. ``(c) Allocation to Local Educational Agencies.-- ``(1) Allocation.--Each State that receives funds under this section shall allocate 100 percent of those funds to local educational agencies, of which-- ``(A) 80 percent shall be allocated to those local educational agencies in proportion to the number of children, age 5 through 17, from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved, who reside in the school district served by that local educational agency for the most recent fiscal year for which satisfactory data are available, compared to the number of those children who reside in the school districts served by all the local educational agencies in the State for that fiscal year; and ``(B) 20 percent shall be allocated to those local educational agencies in accordance with the relative enrollments of children, age 5 through 17, in public and private nonprofit elementary schools and secondary schools within the areas served by those agencies. ``(2) Exception.--Notwithstanding paragraph (1) and subsection (d)(2)(B), if the award to a local educational agency under this section is less than the starting salary for a new fully qualified teacher for a school served by that agency, that agency may use funds made available under this section to-- ``(A) help pay the salary of a full- or part-time fully qualified teacher hired to reduce class size, which may be done in combination with the expenditure of other Federal, State, or local funds; or ``(B) pay for activities described in subsection (d)(2)(A)(iii) that may be related to teaching in smaller classes. ``(d) Use of Funds.-- ``(1) Mandatory uses.--Each local educational agency that receives funds under this section shall use those funds to carry out effective approaches to reducing class size through use of fully qualified teachers to improve educational achievement for both regular and special needs children, with particular consideration given to reducing class size in the early elementary grades for which some research has shown class size reduction is most effective. ``(2) Permissible uses.-- ``(A) In general.--Each such local educational agency may use funds made available under this section for-- ``(i) recruiting (including through the use of signing bonuses, and other financial incentives), hiring, and training fully qualified regular and special education teachers (which may include hiring special education teachers to team-teach with regular teachers in classrooms that contain both children with disabilities and non-disabled children) and teachers of special needs children; ``(ii) testing new teachers for academic content knowledge, and to meet State certification or licensing requirements that are consistent with title II of the Higher Education Act of 1965; and ``(iii) providing professional development (which may include such activities as promoting retention and mentoring) for teachers, including special education teachers and teachers of special needs children, in order to meet the goal of ensuring that all teachers have the general knowledge, teaching skills, and subject matter knowledge necessary to teach effectively in the content areas in which the teachers teach, consistent with title II of the Higher Education Act of 1965. ``(B) Limitation on testing and professional development.-- ``(i) In general.--Except as provided in clause (ii), a local educational agency may use not more than a total of 25 percent of the funds received by the agency under this section for activities described in clauses (ii) and (iii) of subparagraph (A). ``(ii) Special rule.--A local educational agency may use more than 25 percent of the funds the agency receives under this section for activities described in subparagraph (A)(iii) for the purpose of helping teachers who are not yet fully qualified in attaining full qualification if 10 percent or more of the elementary school classes in a school are taught by individuals who are not fully qualified teachers or the State educational agency has waived State certification or licensing requirements for 10 percent or more of such teachers. ``(C) Use of funds by agencies that have reduced class size.--Notwithstanding subparagraph (B), a local educational agency that has already reduced class size in the early elementary grades to 18 or fewer children (or has already reduced class size to a State or local class size reduction goal that was in effect on November 28, 1999 if that goal is 20 or fewer children) may use funds received under this section-- ``(i) to make further class size reductions in kindergarten through third grade; ``(ii) to reduce class size in other grades; or ``(iii) to carry out activities to improve teacher quality, including professional development. ``(3) Supplement, not supplant.--Each such agency shall use funds made available under this section only to supplement, and not to supplant, State and local funds that, in the absence of funds made available under this section, would otherwise be expended for activities described in this section. ``(4) Limitation on use for salaries and benefits.-- ``(A) In general.--Except as provided in subparagraph (B), no funds made available under this section may be used to increase the salaries of, or provide benefits (other than participation in professional development and enrichment programs) to, teachers who are not hired under this section. ``(B) Exception.--Funds made available under this section may be used to pay the salaries of teachers hired under section 306 of the Department of Education Appropriations Act, 2001. ``(e) Reports.-- ``(1) State activities.--Each State receiving funds under this section shall prepare and submit to the Secretary a biennial report on activities carried out in the State under this section that provides the information described in section 5122(a)(2) with respect to the activities. ``(2) Progress concerning class size and qualified teachers.--Each State and local educational agency receiving funds under this section shall annually report to parents and the public, in numeric form as compared to the previous year, on-- ``(A) the agency's progress in reducing class size, and increasing the percentage of classes in core academic areas taught by fully qualified teachers; and ``(B) the impact that hiring additional fully qualified teachers and reducing class size, has had, if any, on increasing student academic achievement. ``(3) Notice.--Each local educational agency that receives funds under this section shall provide to each individual parent of a child who attends a school in such local educational agency timely, written notice if the child has been assigned or has been taught for 2 or more consecutive weeks by a substitute teacher, as defined by such local educational agency, or a teacher who is not fully qualified. ``(f) Private Schools.--If a local educational agency uses funds made available under this section for professional development activities, the agency shall ensure the equitable participation of private nonprofit elementary schools and secondary schools in such activities in accordance with section 5142. Section 5142 shall not apply to other activities carried out under this section. ``(g) Administrative Expenses.--A local educational agency that receives funds under this section may use not more than 3 percent of such funds for local administrative costs. ``(h) Request for Funds.--Each local educational agency that desires to receive funds under this section shall include in the application required under section 6303 a description of the agency's program to reduce class size by hiring additional fully qualified teachers. ``(i) Certification, Licensing, and Competency.--No funds made available under this section may be used to pay the salary of any teacher unless such teachers is fully qualified. ``(j) Definitions.--As used in this section-- ``(1) the term `certified' includes certification through State or local alternative routes; and ``(2) the term `fully qualified'-- ``(A) when used with respect to an elementary or secondary school teacher, means that the teacher has obtained certification or passed the State licensing exam and holds a license; and ``(B) when used with respect to-- ``(i) an elementary school teacher, means that the teacher holds a bachelor's degree and demonstrates general knowledge, teaching skill, and subject matter knowledge required to teach at the elementary school level in the core academic subjects; or ``(ii) a middle or secondary school teacher, means that the teacher 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 academic subject area test; or ``(II) completion of an academic major in each of the subject areas in which he or she provides instruction. ``SEC. 5702. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $2,000,000,000 for fiscal year 2007 and such sums as may be necessary for fiscal years 2008 through 2011.''.

Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to reduce class size through the use of fully-qualified teachers. Allots funds to states and local educational agencies to recruit, hire, and train additional teachers, in order to: (1) reduce class sizes nationally, in grades one through three, to an average of 18 students per classroom; and (2) improve teaching in those grades so that all students can learn to read independently and well by the end of the third grade.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pre-K for USA Act''. SEC. 2. GRANTS FOR IMPROVING EARLY CHILDHOOD CARE AND EDUCATION. Subpart 1 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7243 et seq.) is amended by adding at the end the following: ``SEC. 5415. GRANTS FOR IMPROVING EARLY CHILDHOOD CARE AND EDUCATION. ``(a) In General.--From the amounts appropriated under subsection (f), the Secretary jointly with the Secretary of Health and Human Services and on such terms as such Secretaries set forth in an interagency agreement, shall make competitive grants to qualified entities for activities that build the capacity to develop, enhance, or expand high-quality preschool programs, including comprehensive services and family engagement, for preschool-aged children. ``(b) Applications.--Each qualified entity that desires to receive a grant under this section shall submit an application to the Secretaries at such time, in such manner, and containing such information as the Secretaries may require. ``(c) Technical Assistance, Evaluation, and Other National Activities.--The Secretaries may use up to 3 percent of the funds appropriated under subsection (f) for technical assistance, evaluation, and other national activities related to awarding grants under this section. ``(d) Report.-- ``(1) Initial report.--Not later than 30 days prior to the announcement of a competition under this section, the Secretaries shall submit a report outlining the proposed competition and priorities to the Congress on the activities carried out under this section. ``(2) Annual reports.--The Secretaries shall submit a report to Congress on the activities carried out under this section, including, at a minimum, information on the following: ``(A) The progress of each qualified entity in moving toward fulfilling criteria outlined in the entity's application. ``(B) The extent to which the qualified entities used grants under this section to expand a high-quality preschool program. ``(C) The costs and barriers to such expansion, including building and renovating preschool facilities so that such facilities are high-quality and age and developmentally appropriate. ``(e) Definitions.--In this section: ``(1) High-quality preschool program.--The term `high- quality preschool program' means an early learning program that includes structural elements that are evidence-based and nationally recognized (such as Head Start program performance standards or research published by the National Institute for Early Education) as important for ensuring program quality, including at a minimum: ``(A) High staff qualifications, including a teacher with a bachelor degree in early childhood education or a bachelor degree in any field with a State-approved alternate pathway, which may include coursework, clinical practice, and evidence of knowledge of content and pedagogy relating to early childhood, and teaching assistants with appropriate credentials. ``(B) High-quality professional development for all staff. ``(C) A staff-child ratio of no more than 1:10. ``(D) A class size of no more than 20. ``(E) A full-day program. ``(F) Full inclusion of children with disabilities. ``(G) Developmentally appropriate, evidence-based curricula and learning environments that are aligned with the State early learning and development standards, for at least the year prior to kindergarten entry. ``(H) Individualized accommodations and supports so that all children can access and participate fully in learning activities. ``(I) Instructional staff salaries comparable to kindergarten through grade 12 teaching staff. ``(J) Program evaluation to ensure continuous improvement. ``(K) Onsite or accessible comprehensive services for children. ``(L) Evidence-based health and safety standards. ``(2) Qualified entity.--The term `qualified entity' means a local educational agency or a local government entity. ``(3) Secretaries.--The term `Secretaries' means the Secretary of Education and the Secretary of Health and Human Services. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for each of the fiscal years 2015 through 2024.''. SEC. 3. CONFORMING AMENDMENT. The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to section 5414 the following: ``Sec. 5415. Grants for improving early childhood care and education.''.

Pre-K for USA Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education and the Secretary of Health and Human Services (HHS), acting jointly in accordance with an interagency agreement, to award competitive grants to local educational agencies or local governmental entities to develop, enhance, or expand high-quality preschool programs. Requires each of those programs to include structural elements that are evidence-based and nationally recognized as important for ensuring program quality, including, at a minimum: high staff qualifications, including having a teacher with a bachelor's degree in early childhood education or in any field with a state-approved alternate pathway to teaching preschool children and having teaching assistants with appropriate credentials; high-quality professional development for all staff; at least 1 staff member for every 10 children; a class size that does not exceed 20 children; a full-day program; the full inclusion of disabled children; developmentally appropriate curricula and learning environments, that are aligned with state early learning and development standards, for at least the year preceding kindergarten; individualized accommodations and supports so that all children can participate fully in learning activities; instructional staff salaries that are comparable to the salaries of kindergarten through grade 12 teaching staff; program evaluation to ensure continuous improvement; onsite or accessible comprehensive services for children; and health and safety standards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Flexibility Act of 2005''. SEC. 2. ELECTION FOR SPECIAL TAX TREATMENT OF CERTAIN S CORPORATION CONVERSIONS. (a) In General.--Part I of subchapter S of chapter 1 of the Internal Revenue Code of 1986 (relating to tax treatment of S corporations and their shareholders) is amended by adding at the end the following new section: ``SEC. 1364. ELECTION FOR SPECIAL TAX TREATMENT OF CERTAIN S CORPORATION CONVERSIONS. ``(a) In General.--A qualified electing S corporation may elect the special tax treatment provided in subsection (b) for an eligible corporate conversion in the manner set forth in subsection (f). ``(b) Special Tax Treatment.-- ``(1) Transfers to partnership.--In the case of transfers by a qualified electing S corporation to a partnership in connection with an eligible corporate conversion, no gain or loss shall be recognized by shareholders of such corporation with respect to money or property received by the partnership. ``(2) Other transfers.--All other distributions of money or property by the qualified electing S corporation shall be treated as a distribution in part or full payment in exchange for the stock of such corporation. ``(c) Qualified Electing S Corporation.--For purposes of this section, the term `qualified electing S corporation' means a domestic corporation which-- ``(1) has had a valid S election continuously in effect for the 10 taxable years of the corporation ending before the taxable year in which the election under this section is made, and ``(2) has never made an election under this section. ``(d) Eligible Corporate Conversion.--For purposes of this section-- ``(1) In general.--The term `eligible corporate conversion' means (however affected)-- ``(A) a transfer by a qualified electing S corporation of substantially all of its assets to a partnership (as defined in section 7701(a)(2)) for not less than 80 percent of the capital and profits of the partnership in any taxable year of the corporation ending on or before December 31, 2009, ``(B) the meeting of the requirement described in paragraph (2) by the partnership, and ``(C) the subsequent liquidation and dissolution of the qualified S corporation within the same taxable year as the transfer. ``(2) Continuity of business requirement.-- ``(A) In general.--The requirement described in this paragraph is met if the partnership described in paragraph (1)(A) either-- ``(i) maintains the continuity of the qualified electing S corporation's business for 5 consecutive taxable years following the year in which the corporate conversion occurs, or ``(ii) pays a corporate conversion recapture tax in the taxable year in which the failure to maintain such continuity first occurs. ``(B) Continuity of the qualified electing s corporation's business.--For purposes of subparagraph (A)(i), the term `continuity of the qualified electing S corporation's business' means, under all the facts and circumstances, either-- ``(i) the continuation of 1 or more of the S corporation's historic lines of business, or ``(ii) the use of a significant portion of the S corporation's historic business assets, whether or not such assets have a taxable basis, in the conduct of an active trade or business. ``(C) Corporate conversion recapture tax.--For purposes of subparagraph (A)(ii), the term `corporate conversion recapture tax' means-- ``(i) a recomputation of the tax under this subtitle of the partnership and the partners as if-- ``(I) a recomputation of the tax under this subtitle of the partnership and the partners as if ``(II) the stock of such S corporation was owned in the same manner as the capital of the partnership, and ``(III) the S corporation were dissolved and its assets distributed to its shareholders in complete liquidation on the last day of the taxable year, multiplied by ``(ii) a fraction-- ``(I) the numerator of which is the excess (if any) of 5 over the number of complete taxable years in which the partnership maintains continuity of the qualified electing S corporation's business, and ``(II) the denominator of which is 5. ``(e) Basis Rules.--In the case of an eligible corporate conversion, property in the hands of the partnership shall have the same basis as in the hands of the qualified electing S corporation immediately prior to the eligible corporate conversion. ``(f) Method of Making Election.--In order to elect the special tax treatment provided in subsection (b) for an eligible corporate conversion, the qualified electing S corporation shall file a written election claiming such treatment with the timely-filed information return of the S corporation for the taxable year in which the eligible corporate conversion occurs.''. (b) Clerical Amendment.--The table of sections for such part I is amended by adding at the end the following new item: ``Sec 1363. Election for special tax treatment of certain s corporation conversions.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Small Business Tax Flexibility Act of 2005 - Amends the Internal Revenue Code to allow certain S corporations a one-time election to transfer money or property to a partnership without recognition of gain or loss by the shareholders of such corporation. Treats all distributions of the money or property of an electing S corporation as a distribution in part or full payment in exchange for the stock of such corporation. Requires transferee partnerships to maintain the continuity of the S corporation's business for five years after the conversion to partnership form or pay a recapture tax in the year in which failure to maintain such continuity first occurs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) from 1927 to 1931, at the direction of Congress, the Corps of Engineers investigated the Columbia River and its tributaries to determine sites at which power could be produced at low cost; (2) under section 10(e) of the Federal Power Act (16 U.S.C. 803(e)), when licenses are issued involving tribal land within an Indian reservation, a reasonable annual charge shall be fixed for the use of the land, subject to the approval of the Indian tribe having jurisdiction over the land; (3) in August 1933, the Columbia Basin Commission, an agency of the State of Washington, received a preliminary permit from the Federal Power Commission for water power development at the Grand Coulee site; (4) had the Columbia Basin Commission or a private entity developed the site, the Spokane Tribe would have been entitled to a reasonable annual charge for the use of the land of the Spokane Tribe; (5) in the mid-1930s, the Federal Government, which is not subject to licensing under the Federal Power Act (16 U.S.C. 792 et seq.)-- (A) federalized the Grand Coulee Dam project; and (B) began construction of the Grand Coulee Dam; (6) when the Grand Coulee Dam project was federalized, the Federal Government recognized that-- (A) development of the project affected the interests of the Spokane Tribe and the Confederated Tribes of the Colville Reservation; and (B) it would be appropriate for the Spokane and Colville Tribes to receive a share of revenue from the disposition of power produced at Grand Coulee Dam; (7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.), Congress-- (A) granted to the United States-- (i) in aid of the construction, operation, and maintenance of the Columbia Basin Project, all the right, title, and interest of the Spokane Tribe and Colville Tribes in and to the tribal and allotted land within the Spokane and Colville Reservations, as designated by the Secretary of the Interior from time to time; and (ii) other interests in that land as required and as designated by the Secretary for certain construction activities undertaken in connection with the project; and (B) provided that compensation for the land and other interests was to be determined by the Secretary in such amounts as the Secretary determined to be just and equitable; (8) pursuant to that Act, the Secretary paid-- (A) to the Spokane Tribe, $4,700; and (B) to the Confederated Tribes of the Colville Reservation, $63,000; (9) in 1994, following litigation under the Act of August 13, 1946 (commonly known as the ``Indian Claims Commission Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et seq.)), Congress ratified the Colville Settlement Agreement, which required-- (A) for past use of the land of the Colville Tribes, a payment of $53,000,000; and (B) for continued use of the land of the Colville Tribes, annual payments of $15,250,000, adjusted annually based on revenues from the sale of electric power from the Grand Coulee Dam project and transmission of that power by the Bonneville Power Administration; (10) the Spokane Tribe, having suffered harm similar to that suffered by the Colville Tribes, did not file a claim within the 5-year statute of limitations under the Indian Claims Commission Act; (11) neither the Colville Tribes nor the Spokane Tribe filed claims for compensation for use of the land of the respective tribes with the Commission prior to August 13, 1951, but both tribes filed unrelated land claims prior to August 13, 1951; (12) in 1976, over objections by the United States, the Colville Tribes were successful in amending the 1951 Claims Commission land claims to add the Grand Coulee claim of the Colville Tribes; (13) the Spokane Tribe had no such claim to amend, having settled the Claims Commission land claims of the Spokane Tribe with the United States in 1967; (14) the Spokane Tribe has suffered significant harm from the construction and operation of Grand Coulee Dam; (15) Spokane tribal acreage taken by the United States for the construction of Grand Coulee Dam equaled approximately 39 percent of Colville tribal acreage taken for construction of the dam; (16) the payments and delegation made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam; and (17) by vote of the Spokane tribal membership, the Spokane Tribe has resolved that the payments and delegation made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam. SEC. 3. PURPOSE. The purpose of this Act is to provide fair and equitable compensation to the Spokane Tribe for the use of the land of the Spokane Tribe for the generation of hydropower by the Grand Coulee Dam. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Bonneville Power Administration or the head of any successor agency, corporation, or entity that markets power produced at Grand Coulee Dam. (2) Colville settlement agreement.--The term ``Colville Settlement Agreement'' means the Settlement Agreement entered into between the United States and the Colville Tribes, signed by the United States on April 21, 1994, and by the Colville Tribes on April 16, 1994, to settle the claims of the Colville Tribes in Docket 181-D of the Indian Claims Commission, which docket was transferred to the United States Court of Federal Claims. (3) Colville tribes.--The term ``Colville Tribes'' means the Confederated Tribes of the Colville Reservation. (4) Computed annual payment.--The term ``Computed Annual Payment'' means the payment calculated under paragraph 2.b. of the Colville Settlement Agreement, without regard to any increase or decrease in the payment under section 2.d. of the agreement. (5) Confederated tribes act.--The term ``Confederated Tribes Act'' means the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act (Public Law 103- 436; 108 Stat. 4577). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Spokane business council.--The term ``Spokane Business Council'' means the governing body of the Spokane Tribe under the constitution of the Spokane Tribe. (8) Spokane tribe.--The term ``Spokane Tribe'' means the Spokane Tribe of Indians of the Spokane Reservation, Washington. SEC. 5. PAYMENTS BY ADMINISTRATOR. (a) Initial Payment.--On March 1, 2020, the Administrator shall pay to the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for fiscal year 2019. (b) Subsequent Payments.-- (1) In general.--Not later than March 1, 2021, and March 1 of each year thereafter through March 1, 2029, the Administrator shall pay the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for the preceding fiscal year. (2) March 1, 2030, and subsequent years.--Not later than March 1, 2030, and March 1 of each year thereafter, the Administrator shall pay the Spokane Tribe an amount equal to 32 percent of the Computed Annual Payment for the preceding fiscal year. SEC. 6. TREATMENT AFTER AMOUNTS ARE PAID. (a) Use of Payments.--Payments made to the Spokane Business Council or Spokane Tribe under section 5 may be used or invested by the Spokane Business Council in the same manner and for the same purposes as other Spokane Tribe governmental amounts. (b) No Trust Responsibility of the Secretary.--Neither the Secretary nor the Administrator shall have any trust responsibility for the investment, supervision, administration, or expenditure of any amounts after the date on which the funds are paid to the Spokane Business Council or Spokane Tribe under section 5. (c) Treatment of Funds for Certain Purposes.--The payments of all amounts to the Spokane Business Council and Spokane Tribe under section 5, and the interest and income generated by those amounts, shall be treated in the same manner as payments under section 6 of the Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act (100 Stat. 677). (d) Tribal Audit.--After the date on which amounts are paid to the Spokane Business Council or Spokane Tribe under section 5, the amounts shall-- (1) constitute Spokane Tribe governmental amounts; and (2) be subject to an annual tribal government audit. SEC. 7. REPAYMENT CREDIT. (a) In General.--The Administrator shall deduct from the interest payable to the Secretary of the Treasury from net proceeds (as defined in section 13 of the Federal Columbia River Transmission System Act (16 U.S.C. 838k))-- (1) in fiscal year 2030, $2,700,000; and (2) in each subsequent fiscal year in which the Administrator makes a payment under section 5, $2,700,000. (b) Crediting.-- (1) In general.--Except as provided in paragraphs (2) and (3), each deduction made under this section for the fiscal year shall be-- (A) a credit to the interest payments otherwise payable by the Administrator to the Secretary of the Treasury during the fiscal year in which the deduction is made; and (B) allocated pro rata to all interest payments on debt associated with the generation function of the Federal Columbia River Power System that are due during the fiscal year. (2) Deduction greater than amount of interest.--If, in an applicable fiscal year under paragraph (1), the deduction is greater than the amount of interest due on debt associated with the generation function for the fiscal year, the amount of the deduction that exceeds the interest due on debt associated with the generation function shall be allocated pro rata to all other interest payments due during the fiscal year. (3) Credit.--To the extent that a deduction exceeds the total amount of interest described in paragraphs (1) and (2), the deduction shall be applied as a credit against any other payments that the Administrator makes to the Secretary of the Treasury. SEC. 8. EXTINGUISHMENT OF CLAIMS. On the date that payment under section 5(a) is made to the Spokane Tribe, all monetary claims that the Spokane Tribe has or may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project for the past and continued use of land of the Spokane Tribe for the production of hydropower at Grand Coulee Dam shall be extinguished. SEC. 9. ADMINISTRATION. Nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration. Passed the Senate October 4, 2018. Attest: JULIE E. ADAMS, Secretary.

Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act This bill establishes the Spokane Tribe of Indians Recovery Trust Fund to compensate the Spokane Business Council for the use of tribal lands for the generation of hydropower from the Grand Coulee Dam. The council must prepare a plan for the use of those payments to promote any combination of: (1) economic development; (2) infrastructure development; or (3) educational, health, recreational, and social welfare objectives of the tribe and its members. The Bonneville Power Administration must make specified settlement payments to the tribe. Payments made to the council or tribe may be used or invested by the council in the same manner as other tribal governmental funds. Deposit of amounts in the fund extinguishes all monetary claims that the tribe may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Safety Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The past decade has been a turbulent time for health care facilities and nurses. (2) Recent research published in the Journal of the American Medical Association has shown that registered nurse staffing levels have a significant impact on preventable deaths in hospitals, and that the odds of patient mortality increase 7 percent for every additional patient added to the average registered nurse's workload. (3) Recent research supported by the Agency for Health Care Research and Quality, the Centers for Medicare & Medicaid Services, and the National Institute for Nursing Research shows that inadequate registered nurse staffing is directly related to serious complications such as pneumonia, upper gastrointestinal bleeding, and urinary tract infections, as well as failure to stop deaths caused by shock, cardiac arrest, sepsis, and deep vein thrombosis in hospitalized patients. (4) The Joint Commission on the Accreditation of Healthcare Organizations recently reported that inadequate nurse staffing contributes to nearly a quarter of all unexpected incidents that kill or injure hospitalized patients. (5) The Institute of Medicine has reported that both nursing-to-resident staffing levels and the ratio of professional nurses to other nursing personnel are important indicators of high quality of care, and that the participation of registered nurses in direct care giving and in the provision of hands-on guidance to nurse assistants is positively associated with quality of care in nursing facilities. (6) Recent research conducted by the Centers for Medicare & Medicaid Services found strong, objective proof that nurse staffing in nursing homes is directly related to quality measures such as sepsis, urinary tract infections, incidence of pressure sores, resisting care improvement, and weight loss. (7) As a payer for inpatient and outpatient hospital services for individuals entitled to benefits under the medicare and medicaid programs established under titles XVIII and XIX of the Social Security Act, the Federal Government has a compelling interest in promoting the safety of such individuals by requiring providers participating in such programs to provide these individuals with information regarding nurse staffing levels. SEC. 3. PUBLIC DISCLOSURE OF STAFFING AND OUTCOMES DATA. (a) Disclosure of Staffing and Outcomes.--Any provider under the medicare program shall, as a condition of continued participation in such program, make publicly available information regarding nurse staffing and patient outcomes as specified by the Secretary. Such information shall include at least the following: (1) The number of registered nurses providing direct patient care. This information shall be expressed both in raw numbers, in terms of total hours of nursing care per patient (including adjustment for case mix and acuity), and as a percentage of nursing staff, and shall be broken down in terms of the total nursing staff, each unit, and each shift. (2) The number of licensed practical nurses or licensed vocational nurses providing direct care. This information shall be expressed both in raw numbers, in terms of total hours of nursing care per patient (including adjustment for case mix and acuity), and as a percentage of nursing staff, and shall be broken down in terms of the total nursing staff, each unit, and each shift. (3) Numbers of unlicensed personnel utilized to provide direct patient care. This information shall be expressed both in raw numbers and as a percentage of nursing staff and shall be broken down in terms of the total nursing staff, each unit, and each shift. (4) The average number of patients per registered nurse, licensed practical nurse, or unlicensed personnel providing direct patient care. This information shall be broken down in terms of the total nursing staff, each unit, and each shift. (5) Risk-adjusted patient mortality rate (in raw numbers and by diagnosis or diagnostic-related group). (6) Incidence of adverse patient care incidents, including as such incidents at least medication errors, patient injury, pressure ulcers, nosocomial infections, and nosocomial urinary tract infections. (7) Methods used for determining and adjusting staffing levels and patient care needs and the provider's compliance with these methods. (b) Disclosure of Complaints.--Data regarding complaints filed with the State agency, the Centers for Medicare & Medicaid Services, or an accrediting agency, compliance with the standards of which have been deemed to demonstrate compliance with conditions of participation under the medicare program, and data regarding investigations and findings as a result of those complaints and the findings of scheduled inspection visits, shall be made publicly available. (c) Information on Data.--All data made publicly available under this section shall indicate the source and currency of the data provided. (d) Waiver for Small Providers.--The Secretary may reduce reporting requirements under this section in the case of a small provider (as defined by the Secretary) for whom the imposition of the requirements would be unduly burdensome. (e) Reporting to Secretary.--Providers shall submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff information described in subsection (a) through electronic means not less frequently than quarterly. (f) Secretarial Responsibilities.--The Secretary shall-- (1) make the information submitted pursuant to subsection (a) publicly available, including by publication of such information on the Internet site of the Department of Health and Human Services; and (2) provide for the auditing of such information for accuracy as a part of the process of determining whether a provider is eligible for continued participation in the medicare program. (g) Definitions.--For purposes of this section: (1) Licensed practical nurse or licensed vocational nurse.--The term ``licensed practical nurse or licensed vocational nurse'' means an individual who is entitled under State law or regulation to practice as a licensed practical nurse or a licensed vocational nurse. (2) Publicly available.--The term ``publicly available'' means, with respect to information of a provider, information that is-- (A) provided to the Secretary and to any State agency responsible for licensing or accrediting the provider; (B) provided to any State agency which approves or oversees health care services delivered by the provider directly or through an insuring entity or corporation; and (C) provided to any member of the public which requests such information directly from the provider. (3) Medicare program.--The term ``medicare program'' means the programs under title XVIII of the Social Security Act. (4) Provider.--The term ``provider'' means an entity that is-- (A) a psychiatric hospital described in section 1861(f) of the Social Security Act (42 U.S.C. 1395x(f)); (B) a provider of services described in section 1861(u) of such Act (42 U.S.C. 1395x(u)), other than a skilled nursing facility, as defined in section 1819(a) of such Act (42 U.S.C. 1395i-3(a)); (C) a rural health clinic described in section 1861(aa)(2) of such Act (42 U.S.C. 1395x(aa)(2)); (D) an ambulatory surgical center described in section 1832(a)(2)(F)(i) of such Act (42 U.S.C. 1395k(a)(2)(F)(i)); or (E) a renal dialysis facility described in section 1881(b)(1)(A) of such Act (42 U.S.C. 1395rr(b)(1)(A)). (5) Registered nurse.--The term ``registered nurse'' means an individual who is entitled under State law or regulation to practice as a registered nurse. (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. PUBLIC DISCLOSURE OF ACCURATE DATA ON NURSING FACILITY STAFFING. (a) Medicare.--Section 1819(b)(8) of the Social Security Act (42 U.S.C. 1395i-3(b)) is amended-- (1) in subparagraph (A), by adding at the end the following new sentence: ``The information posted under this subparagraph shall include information regarding nurse staffing with respect to beds made available by reason of an agreement under section 1883.''; and (2) by adding at the end the following new subparagraphs: ``(C) Submission and posting of data.-- ``(i) In general.--Beginning on January 1, 2005, a skilled nursing facility shall submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff data described in section 3(a) of the Patient Safety Act of 2004 through electronic means not less frequently than quarterly and the Secretary shall make such data publicly available (as defined in section 3(g)(2) of such Act), including by posting such data on an Internet website. ``(ii) Information on nurse aides.--In addition to the nursing staff data described in clause (i), a skilled nursing facility shall submit to the Secretary the numbers of nurse aides (as defined in paragraph (5))(F)) utilized to provide direct patient care. This information shall be expressed both in raw numbers and as a percentage of nursing staff and shall be broken down in terms of the total nursing staff, each unit, and each shift. ``(D) Audit of data.--As part of each standard survey conducted under subsection (g)(2)(A), there shall be an audit of the nursing staff data reported under subparagraph (C) to ensure that such data are accurate.''. (b) Medicaid.--Section 1919(b)(8) of the Social Security Act (42 U.S.C. 1395r(b)(8)) is amended-- (1) in subparagraph (A), by adding at the end the following new sentence: ``The information posted under this subparagraph shall include information regarding nurse staffing with respect to beds made available by reason of an agreement under section 1883.''; and (2) by adding at the end the following new subparagraphs: ``(C) Submission and posting of data.-- ``(i) In general.--Beginning on January 1, 2005, a nursing facility shall submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff data described in section 3(a) of the Patient Safety Act of 2004 through electronic means not less frequently than quarterly and the Secretary shall make such data publicly available (as defined in section 3(g)(2) of such Act), including by posting such data on an Internet website. ``(ii) Information on nurse aides.--In addition to the nursing staff data described in clause (i), a skilled nursing facility shall submit to the Secretary the numbers of nurse aides (as defined in paragraph (5))(F)) utilized to provide direct patient care. This information shall be expressed both in raw numbers and as a percentage of nursing staff and shall be broken down in terms of the total nursing staff, each unit, and each shift. ``(D) Audit of data.--As part of each standard survey conducted under subsection (g)(2)(A), there shall be an audit of the nursing staff data reported under subparagraph (C) to ensure that such data are accurate.''. SEC. 5. CREATING A STAFFING QUALITY MEASURE FOR CONSUMERS TO COMPARE NURSING FACILITIES. (a) In General.--Beginning no later than 90 days after the date of the enactment of this Act, and for as long as the Secretary of Health and Human Services publishes quality measures to help the public compare the quality of care that nursing facilities provide, these quality measures shall include a quality measure for nursing staff that-- (1) reflects the average daily total nursing hours worked for the quarterly reporting period for which data are submitted under sections 1819(b)(8)(C) and 1919(b)(8)(C) of the Social Security Act (as added by subsections (a)(2) and (b)(2), respectively, of section 4), as well as, in the case of a skilled nursing facility, other information required to be reported under section 3(a); (2) is sensitive to case mix and quality outcomes; (3) indicates the percentile in which each nursing facility falls compared with other nursing facilities in the State; (4) indicates the rate of retention of registered nurses, licensed practical nurses, and certified nurse assistants; and (5) includes such other measures as the Secretary determines to be appropriate. The Secretary shall not be required to comply with the requirements of paragraph (2) to the extent that the development of a methodology to comply with such requirement would delay the implementation of this section. (b) Form and Manner.--The nursing facility comparative staffing measure described in subsection (a) shall be displayed in the same form and manner as information that the Secretary displays to help the public compare the quality of care that nursing facilities provide. SEC. 6. PROTECTION OF CERTAIN ACTIVITIES BY EMPLOYEES OF MEDICARE PROVIDERS. (a) In General.--Subject to subsection (c), no provider under the medicare program shall terminate or take other adverse employment action (including the failure to promote an individual or provide any employment-related benefit, an adverse evaluation or decision made in relation to accreditation, certification, credentialing or licensing of an individual, or other adverse personnel action) against any employee or group of employees for actions taken for the purpose of-- (1) notifying the provider of conditions which the employee or group of employees identifies, in communications with the provider, as dangerous or potentially dangerous or injurious to-- (A) patients who currently receive services from the provider; (B) individuals who are likely to receive services from the provider; or (C) employees of the provider; (2) notifying a Federal or State agency or an accreditation agency, compliance with the standards of which have been deemed to demonstrate compliance with conditions of participation under the medicare program, of such conditions as are identified in paragraph (1); (3) notifying other individuals of conditions which the employee or group of employees reasonably believe to be such as are described in paragraph (1); (4) discussing such conditions as are identified in paragraph (1) with other employees for the purposes of initiating action described in paragraph (1), (2), or (3); or (5) other related activities as specified in regulations promulgated by the Secretary of Health and Human Services. (b) Sanction.--A provider that takes an action in violation of subsection (a) is subject to a civil money penalty of not more than $20,000 for each such action. The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b)) shall apply to civil money penalties under this subsection in the same manner as they apply to a penalty or proceeding under section 1128A(a) of such Act. (c) Exception.--The provisions of subsection (a) shall not apply to the knowing or reckless provision of substantially false information by an employee or group of employees. SEC. 7. REPORT. Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on-- (1) the manner in which the Secretary intends to implement reporting of additional nurse staffing variables such as unit worked, day of week (weekday and weekend), and type of care (direct or administrative) provided; and (2) the most effective mechanisms for auditing nurse staffing data under sections 1819(b)(8)(D) and 1919(b)(8)(D) of the Social Security Act (as added by subsections (a)(2) and (b)(2), respectively, of section 4) and for auditing nurse staffing date under section 3(f)(2).

Patient Safety Act of 2004 - Requires any provider under the Medicare program (title XVIII of the Social Security Act ), as a condition of continued participation in such program, to make publicly available information regarding nurse staffing and patient outcomes as specified by the Secretary. Requires the public availability of data regarding complaints filed with the State agency, the Centers for Medicare & Medicaid Services, or an accrediting agency, compliance with the standards of which have been deemed to demonstrate Medicare participation compliance, and data regarding investigations and findings as a result of those complaints and the findings of scheduled inspection visits. Requires the Secretary to provide for the auditing of such information for accuracy as a part of the process of determining whether a provider is eligible for continued participation in the Medicare program. Amends SSA title XVIII and XIX (Medicaid) to provide for public disclosure of accurate data on nursing facility staffing. Creates a staffing quality measure for consumers to compare nursing facilities. Prohibits adverse employment actions by Medicare providers against their employees for notifying the provider, or any Federal or State agency or accreditation agency, of conditions which are dangerous or potentially dangerous to patients.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Safety Lock Act of 2001''. SEC. 2. FINDINGS. The Congress finds that-- (1) according to statistics from the Centers for Disease Control, more than 5,000 innocent children have lost their lives due to unintentional deaths related to firearms; (2) between 1983 and 1994, 5,523 males ranging in ages from 1 to 19, were killed by the unintentional discharge of a firearm; (3) a Federal study found that ignorance and carelessness are the major causes of firearms accidents; (4) 84 percent of firearms accidents involved people who did not follow basic safety rules; and (5) to help reduce the number of firearms accidents, it is critical to practice and enforce firearms safety rules. TITLE I--CRIMINAL PROVISIONS SEC. 101. HANDGUN SAFETY. (a) Definition of Locking Device.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) The term `locking device' means-- ``(A) a device which, if installed on a firearm and secured by means of a key or a mechanically, electronically, or electromechanically operated combination lock, prevents the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically, or electromechanically operated combination lock; or ``(B) a locking mechanism incorporated into the design of a firearm which prevents discharge of the firearm by any person who does not have access to the key or other device designed to unlock the mechanism and thereby allow discharge of the firearm.''. (b) Unlawful Acts.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: ``(z) Locking Devices and Warnings.-- ``(1) In general.--Except as provided in paragraph (2), beginning 90 days after the date of the enactment of this subsection, it shall be unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer a handgun to any person, unless-- ``(A) the transferee is provided with a locking device for that handgun; and ``(B) the handgun is accompanied by the following warning, which shall appear in conspicuous and legible type in capital letters, and which shall be printed on a label affixed to the handgun and on a separate sheet of paper included in the packaging enclosing the handgun: ```THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. HANDGUNS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE TO CHILDREN. `FAILURE TO PROPERLY LOCK AND STORE YOUR HANDGUN MAY RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW. FEDERAL LAW PROHIBITS THE POSSESSION OF A HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.'. ``(2) Exceptions.--Paragraph (1) shall not apply to the sale, delivery, or transfer of a handgun to-- ``(A) the United States or a department or agency of the United States, or a State or a department, agency, or political subdivision of a State; ``(B) a law enforcement officer (whether on or off- duty) who is employed by an entity referred to in subparagraph (A), for law enforcement purposes; or ``(C) a rail police officer (whether on or off- duty) who is employed by a rail carrier and is certified or commissioned as a police officer under the laws of a State, for law enforcement purposes.''. (c) Civil Penalties.--Section 924 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking ``this subsection, subsection (b) or (c) of this section,'' and inserting ``this section''; and (2) by adding at the end the following: ``(p) Penalties Relating to Locking Devices and Warnings.-- ``(1) In general.-- ``(A) Suspension or revocation of license; civil penalties.--With respect to each violation of section 922(z)(1) by a licensee, the Secretary may, after notice and opportunity for hearing-- ``(i) suspend or revoke any license issued to the licensee under this chapter; or ``(ii) impose a civil penalty on the licensee in an amount that is not more than $10,000. ``(B) Review.--An action of the Secretary under this paragraph may be reviewed only as provided in section 923(f). ``(2) Administrative remedies.--The taking of an action under paragraph (1) with respect to conduct of a licensee shall not affect the availability of any other administrative authority with respect to the conduct.''. TITLE II--REGULATORY PROVISIONS SEC. 201. REGULATION OF TRIGGER LOCK DEVICES. (a) General Authority.--The Secretary of the Treasury (in this title referred to as the ``Secretary'') shall prescribe such regulations governing the design, manufacture, and performance of trigger lock devices, as are necessary to reduce or prevent the unintentional discharge of handguns. (b) Minimum Safety Standard.--The regulations required by subsection (a) shall, at a minimum, set forth a minimum safety standard that trigger lock devices must meet in order to be manufactured, sold, transferred, or delivered consistent with this title. In developing the standard, the Secretary shall give appropriate consideration to trigger lock devices that are not detachable, but are permanently installed and incorporated into the design of a handgun. The standard shall include provisions to ensure that any trigger lock device that meets the standard is of adequate quality and construction to prevent children who have not attained 18 years of age from operating a handgun, and to ensure that such a product cannot be removed from a handgun except through the use of a key, combination, or other method of access provided in the design specifications of the manufacturer of the device. (c) Deadline for Issuance of Standard.--Within 12 months after the date of the enactment of this title, the Secretary shall issue in final form the standard required by subsection (b). (d) Effective Date of Standard.--The standard issued under subsection (b) shall take effect 6 months after the date of issuance. SEC. 202. ORDERS; INSPECTIONS. (a) In General.--The Secretary may issue an order prohibiting the manufacture, sale, transfer, or delivery of a trigger lock device which the Secretary finds has been designed, or has been or is intended to be manufactured, transferred, or distributed in violation of this title or a regulation prescribed under this title. (b) Authority To Require the Recall, Repair, or Replacement of, or the Provision of Refunds.--The Secretary may issue an order requiring the manufacturer of, and any dealer in, a trigger lock device which the Secretary finds has been designed, manufactured, transferred, or delivered in violation of this title or a regulation prescribed under this title, to-- (1) provide notice of the risks associated with the device, and of how to avoid or reduce the risks, to-- (A) the public; (B) in the case of the manufacturer of the device, each dealer in the device; and (C) in the case of a dealer in the device, the manufacturer of the device and the other persons known to the dealer as dealers in the device; (2) bring the device into conformity with the regulations prescribed under this title; (3) repair the device; (4) replace the device with a like or equivalent device which is in compliance with such regulations; (5) refund the purchase price of the device, or, if the device is more than 1 year old, a lesser amount based on the value of the device after reasonable use; (6) recall the device from the stream of commerce; or (7) submit to the Secretary a satisfactory plan for implementation of any action required under this subsection. (c) Inspections.--In order to ascertain compliance with this title and the regulations and orders issued under this title, the Secretary may, at reasonable times-- (1) enter any place in which trigger lock devices are manufactured, stored, or held, for distribution in commerce, and inspect those areas where the devices are manufactured, stored, or held; and (2) enter and inspect any conveyance being used to transport for commercial purposes a trigger lock device. SEC. 203. ENFORCEMENT. (a) Civil Penalties.--The Secretary may assess a civil money penalty not to exceed $10,000 for each violation of this title. (b) Revocation of Federal Firearms License.--Section 923(e) of title 18, United States Code, is amended by inserting after the 2nd sentence the following: ``The Secretary may, after notice and opportunity for hearing, revoke any license issued under this section if the holder of the license violates any provision of title II of the Child Safety Lock and Community Protection Act of 1999 or any rule or regulation prescribed under such title.''. (c) Criminal Penalties.--Any person who has received from the Secretary a notice that the person has violated a provision of this title or of a regulation prescribed under this title with respect to a trigger lock device, and who subsequently knowingly violates such provision with respect to the device shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. SEC. 204. NO EFFECT ON STATE LAW. This title does not annul, alter, impair, or affect, or exempt any person subject to the provisions of this title from complying with, any provision of the law of any State or any political subdivision thereof, except to the extent that such provisions of State law are inconsistent with any provision of this title, and then only to the extent of the inconsistency. A provision of State law is not inconsistent with this title if such provision affords greater protection in respect of trigger lock devices than is afforded by this title. SEC. 205. DEFINITIONS. In this title: (1) The term ``trigger lock device'' means any device that is designed, manufactured, or represented in commerce, as a means of preventing the unintentional discharge of a handgun. (2) The terms ``licensed importer'', ``licensed manufacturer'', ``licensed dealer'', ``Secretary'', and ``handgun'' have the meanings given in paragraphs (9), (10), (11), (18), and (29), respectively, of section 921(a) of title 18, United States Code. TITLE III--EDUCATION PROVISIONS SEC. 301. PORTION OF FIREARMS TAX REVENUE TO BE USED FOR PUBLIC EDUCATION ON SAFE STORAGE OF FIREARMS. (a) In General.--Notwithstanding any other provision of law, an amount equal to 2 percent of the net revenues received in the Treasury from the tax imposed by section 4181 of the Internal Revenue Code of 1986 (relating to firearms) for each of the first 5 fiscal years beginning after the date of the enactment of this Act shall be available, as provided in appropriation Acts, to the Secretary of the Treasury to carry out public education programs on the safe storage and use of firearms. Amounts otherwise transferred or made available for any other purpose by reason of such tax shall be reduced by the amounts made available to such Secretary under the preceding sentence. (b) Net Revenues.--For purposes of subsection (a), the term ``net revenues'' means, with respect to the tax imposed by such section 4181, the amount estimated by the Secretary of the Treasury based on the excess of-- (1) the taxes received in the Treasury under such section, over (2) the decrease in the tax imposed by chapter 1 of such Code resulting from such tax.

Child Safety Lock Act of 2001 - Amends the Brady Handgun Violence Prevention Act to define a firearm "locking device." Makes it unlawful for a licensed manufacturer, importer, or dealer to sell, deliver, or transfer a handgun without a locking device and specified warnings to any person other than a licensed manufacturer, importer, or dealer, with exceptions for law enforcement officers and governmental entities. Sets forth civil penalties, including suspension or loss of license, for related violations.Directs the Secretary of the Treasury to: (1) prescribe such regulations governing the design, manufacture, and performance of trigger lock devices as are necessary to reduce or prevent the unintentional discharge of handguns, including setting a minimum safety standard to prevent children who have not attained age 18 from operating a handgun; and (2) in developing the standard, to consider such devices that are not detachable.Authorizes the Secretary to issue an order prohibiting the manufacture, sale, transfer, or delivery of a trigger lock device which the Secretary finds has been designed, manufactured, transferred, or distributed in violation of this Act. Grants the Secretary specified authority regarding: (1) recall, repair, replacement, or refund with respect to such devices; and (2) inspections.Authorizes the Secretary to: (1) assess a civil penalty of up to $10,000 per violation; and (2) revoke a Federal firearms license for a violation of this Act. Imposes criminal penalties for knowingly violating this Act.Directs that a portion of firearms tax revenue be used for public education programs on the safe storage and use of firearms.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Golf Course Preservation and Modernization Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Langston Golf Course, Rock Creek Golf Course, and East Potomac Golf Course are owned by the United States and are under the administrative jurisdiction of the National Park Service, and each golf course has a long history of service to the general public as an integral part of the nation's capital, including services to local and regional residents, visitors, and tourists. (2) East Potomac Golf Course was opened in 1920 with three courses to accommodate all levels of play, including an 18-hole tournament level course and two 9-hole practice courses, and was initially segregated, with African-Americans only permitted to play on Mondays. (3) Rock Creek Golf Course opened in 1923 as a 9-hole course, and in 1925 the course was completed as an 18-hole tournament level course. This course was located in Rock Creek Park, a major recreation and picnic facility for residents. (4) Langston Golf Course opened in 1939 as a segregated golf facility for African-Americans, is listed in the National Register of Historic Places, and has been the home course of both the Royal Golf Club and the Wake Robin Golf Club, the nation's first clubs for African-American men and women, respectively. The golf course was named for John Mercer Langston, the first African-American Congressman from Virginia, elected in 1888. (5) Unlike other National Park Service facilities, golf courses require unique capital investments to keep them maintained and operational. (6) The National Park Service has continuously struggled to manage and maintain each of these three courses. (7) Concession restrictions do not generate sufficient revenue for the National Park Service or concessionaires to provide affordable recreation while properly maintaining and making the capital investments required for golf courses today. (8) Each of the three courses contains valuable historic components that must be maintained. (9) Concessions restrictions will continue to cause deterioration, disrepair, and limited public use, reducing the quality of play and jeopardizing the historic preservation of the courses. (10) These courses together constitute an undervalued and underused asset that can be maintained and modernized as affordable facilities for use by the general public if an appropriate lease arrangement is used that encourages private investment in keeping with the existing Federal procedures. (11) The National Park Service recently issued a request for bids for continued concession operation of the Langston and Rock Creek Golf Courses under one concession contract for seven years; however, the capital improvement necessary to maintain and modernize the courses and to prevent their deterioration is not possible using a traditional concession contract. (12) A long-term lease for the three courses together, designed outside of the constraints of concession law, will encourage private investment in these courses, improve and modernize the courses, ensure affordable play, and preserve the historic nature of them. SEC. 3. MANAGEMENT OF GOLF COURSES. (a) Definitions.--For the purposes of this section, the following apply: (1) Rock creek.--The term ``Rock Creek'' means the federally owned golf course and related facilities located at 16th and Rittenhouse NW, Washington, DC 20011, within the boundaries of 16th Street, NW to the East; Military Road, NW to the South; Beach Drive NW to the West; and Sherrill Drive, NW to the North. (2) Langston.--The term ``Langston'' means the federally owned golf course and related facilities located at 26th and Benning Road NE, Washington, DC 20002, within the boundaries of Anacostia River to the East; Hickory Hill Road to the Northeast; Valley Road NE to the Northeast; Azalea Road NE to the North; Ellipse Road NE to the West; M Street NE to the North; Marlyand Avenue NE to the Northwest; 22nd Street NE to the West; 26th Street to the West; and Benning Road NE to the South. (3) East potomac.--The term ``East Potomac'' means the federally owned golf course and related facilities located at 972 Ohio Drive SW, Washington DC 20024, within the boundaries of Ohio Drive to the East, South, and West; and Buckeye Drive SW to the North. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (b) Continued Leases.--The Secretary shall ensure, to the extent practicable, that month-to-month concessions contracts are continued for the operation and maintenance of Rock Creek and Langston until the lease in force on the date of the enactment of this Act for East Potomac expires, at which time the lease referred to in subsection (c) shall commence. (c) Lease.--The lease referred to in subsection (d) is a lease for the continued operation and maintenance of Rock Creek, Langston, and East Potomac as golf courses. A lease entered into under this section shall include the 3 golf courses in one lease agreement and require that the golf courses be operated and maintained in a manner that-- (1) retains the historic nature of the courses; (2) at least 2 of the 3 courses require fees related to use of the golf courses to be affordable in light of the current fee system used today at the courses; (3) may allow fees collected at one golf course to subsidize the maintenance and operation of one or more of the other golf courses; and (4) allows for a long-term ground lease on the 3 courses. (d) Requests for Proposals.--The Secretary shall solicit proposals, through a competitive process, to procure the lease described in subsection (b) and may, after such solicitation, enter into agreements to procure the lease. The Secretary shall solicit the request for proposals under this subsection in such a manner-- (1) to provide that the lease described in subsection (c) shall be entered into not later than 180 days after the effective date of this Act or not later than 30 days after the expiration of the concession contract for East Potomac; and (2) which ensures, to the greatest extent practicable, the participation of disadvantaged business enterprises among the equity partners of the sponsors of the proposals. (e) Applicability of Certain Laws.--The National Park Service Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et seq.) shall not apply to requests for proposals submitted and leases and agreements entered into under this Act.

Golf Course Preservation and Modernization Act - Requires the Secretary of the Interior, acting through the Director of the National Park Service (NPS), to ensure that month-to-month concessions contracts are continued for the operation and maintenance of the Rock Creek, Langston, and East Potomac golf courses until the lease in force for East Potomac expires, at which time the lease entered into pursuant to this Act for the continued operation and maintenance of Rock Creek, Langston, and East Potomac as golf courses commences. Requires that such lease include the three golf courses in one lease agreement, and that they be operated and maintained in a manner that: (1) retains their historic nature; (2) at least two of the courses require fees related to use of the courses to be affordable; (3) may allow fees collected at one course to subsidize the maintenance and operation of at least one of the other courses; and (4) allows for a long-term ground lease on all three courses. Instructs the Secretary to solicit proposals, through a competitive process, to procure such lease. Authorizes the Secretary, after such solicitation, to enter into agreements to procure the lease. Specifies that the request for proposals be solicited in such a manner: (1) to provide that the lease be entered into not later than 180 days after this Act's effective date or not later than 30 days after expiration of the concession contract for East Potomac; and (2) which ensures the participation of disadvantaged business enterprises among the equity partners of the sponsors of the proposals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Freedom of Information Improvement Act of 1994''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the purpose of the Freedom of Information Act is to require agencies of the Federal Government to make certain agency information available for public inspection and copying and to establish and enable enforcement of the right of any person to obtain access to the records of such agencies (subject to statutory exemptions) for any public or private purpose; (2) since the enactment of the Freedom of Information Act in 1966, and the amendments enacted in 1974 and 1986, the Freedom of Information Act has been a valuable means through which any person can learn how the Federal Government operates; (3) the Freedom of Information Act has led to the disclosure of waste, fraud, abuse, and wrongdoing in the Federal Government; (4) the Freedom of Information Act has led to the identification of unsafe consumer products, harmful drugs, and serious health hazards; (5) Government agencies increasingly use computers to conduct agency business and to store publicly valuable agency records and information; and (6) Government agencies should use new technology to enhance public access to agency records and information. (b) Purposes.--The purposes of this Act are to-- (1) foster democracy by ensuring public access to agency records and information; (2) improve public access to agency records and information; (3) ensure agency compliance with statutory time limits; and (4) maximize the usefulness of agency records and information collected, maintained, used, retained, and disseminated by the Federal Government. SEC. 3. PUBLIC INFORMATION AVAILABILITY. Section 552(a)(1) of title 5, United States Code, is amended-- (1) in the first sentence by inserting ``by computer telecommunications, or if computer telecommunications means are not available, by other electronic means,'' after ``Federal Register''; (2) by striking out ``and'' at the end of subparagraph (D); (3) by redesignating subparagraph (E) as subparagraph (F); and (4) by inserting after subparagraph (D) the following new subparagraph: ``(E) a complete list of all statutes that the agency head or general counsel relies upon to authorize the agency to withhold information under subsection (b)(3) of this section, together with a specific description of the scope of the information covered; and''. SEC. 4. MATERIALS MADE AVAILABLE IN ELECTRONIC FORMAT. Section 552(a)(2) of title 5, United States Code, is amended-- (1) in the first sentence by inserting ``including, within 1 year after the date of the enactment of the Electronic Freedom of Information Improvement Act of 1994, by computer telecommunications, or if computer telecommunications means are not available, by other electronic means,'' after ``copying''; (2) in subparagraph (B) by striking out ``and'' after the semicolon; (3) in subparagraph (C) by inserting ``and'' after the semicolon; (4) by adding after subparagraph (C) the following new subparagraphs: ``(D) an index of all major information systems containing agency records regardless of form or format unless such an index is provided as otherwise required by law; and ``(E) a description of any new major information system with a statement of how such system shall enhance agency operations under this section;''; and (5) in the third sentence by inserting ``and the extent of such deletion shall be indicated on the portion of the record which is made available or published at the place in the record where such deletion was made'' after ``explained fully in writing''. SEC. 5. LIST OF RECORDS MADE AVAILABLE TO THE PUBLIC AND HONORING FORMAT REQUESTS. Section 552(a)(3) of title 5, United States Code, is amended by-- (1) inserting ``(A)'' after ``(3)''; (2) striking out ``(A) reasonably'' and inserting in lieu thereof ``(i) reasonably''; (3) striking out ``(B)'' and inserting in lieu thereof ``(ii)''; and (4) adding at the end thereof the following new subparagraphs: ``(B) A list of all records which are made available to any person under this paragraph shall be made available for public inspection and copying as provided under paragraph (2) of this subsection. Copies of all such records, regardless of form or format, which because of the nature of their subject matter, have become or are likely to become the subject of subsequent requests under this paragraph for substantially the same records, shall be made available for inspection and copying as provided under paragraph (2) of this subsection. ``(C) An agency shall, as requested by any person, provide records in any form or format in which such records are maintained by that agency. ``(D) An agency shall make reasonable efforts to provide records in the form or format requested by any person, including in an electronic form or format, even where such records are not usually maintained but are available in such form or format.''. SEC. 6. DELAYS. (a) Fees.--Section 552(a)(4)(A) of title 5, United States Code, is amended by adding at the end thereof the following new clause: ``(viii) If at an agency's request, the Comptroller General determines that the agency annually has either provided responsive documents or denied requests in substantial compliance with the requirements of paragraph (6)(A), one-half of the fees collected under this section shall be credited to the collecting agency and expended to offset the costs of complying with this section through staff development and acquisition of additional request processing resources. The remaining fees collected under this section shall be remitted to the Treasury as general funds or miscellaneous receipts.''. (b) Payment of the Expenses of the Person Making a Request.-- Section 552(a)(4)(E) of title 5, United States Code, is amended by adding at the end thereof the following new sentence: ``The court may assess against the United States all out-of-pocket expenses incurred by the person making a request, and reasonable attorney fees incurred in the administrative process, in any case in which the agency has failed to comply with the time limit provisions of paragraph (6) of this subsection.''. (c) Demonstration of Circumstances for Delay.--Section 552(a)(4)(E) of title 5, United States Code, is further amended-- (1) by inserting ``(i)'' after ``(E)''; and (2) by adding at the end thereof the following new clause: ``(ii) Any agency not in compliance with the time limits set forth in this subsection shall demonstrate to a court that the delay is warranted under the circumstances set forth under paragraph (6) (B) or (C) of this subsection.''. (d) Period for Agency Decision To Comply With Request.--Section 552(a)(6)(A)(i) is amended by striking out ``ten days'' and inserting in lieu thereof ``twenty days''. (e) Agency Backlogs.--Section 552(a)(6)(C) of title 5, United States Code, is amended by inserting after the second sentence the following: ``As used in this subparagraph, `exceptional circumstances' shall be unforeseen and shall not include delays that result from a predictable workload, including any ongoing agency backlog, in the ordinary course of processing requests for records.''. (f) Notification of Denial.--The fourth sentence of section 552(a)(6)(C) of title 5, United States Code, is amended to read: ``Any notification of any full or partial denial of any request for records under this subsection shall set forth the names and titles or positions of each person responsible for the denial of such request and the total number of denied records and pages considered by the agency to have been responsive to the request.''. (g) Multitrack FIFO Processing and Expedited Access.--Section 552(a)(6) of title 5, United States Code, is amended by adding at the end thereof the following new subparagraphs: ``(D)(i) Each agency shall adopt a first-in, first-out (hereafter in this subparagraph referred to as FIFO) processing policy in determining the order in which requests are processed. The agency may establish separate processing tracks for simple and complex requests using FIFO processing within each track. ``(ii) For purposes of such a multitrack system-- ``(I) a simple request shall be a request requiring 10 days or less to make a determination on whether to comply with such a request; and ``(II) a complex request shall be a request requiring more than 10 days to make a determination on whether to comply with such a request. ``(iii) A multitrack system shall not negate a claim of due diligence under subparagraph (C), if FIFO processing within each track is maintained and the agency can show that it has reasonably allocated resources to handle the processing for each track. ``(E)(i) Each agency shall promulgate regulations, pursuant to notice and receipt of public comment, providing that upon receipt of a request for expedited access to records and a showing by the person making such request of a compelling need for expedited access to records, the agency shall determine within 5 days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such a request, whether to comply with such request. No more than 1 day after making such determination the agency shall notify the person making a request for expedited access of such determination, the reasons therefor, and of the right to appeal to the head of the agency. A request for records to which the agency has granted expedited access shall be processed as soon as practicable. A request for records to which the agency has denied expedited access shall be processed within the time limits under paragraph (6) of this subsection. ``(ii) A person whose request for expedited access has not been decided within 5 days of its receipt by the agency or has been denied shall be required to exhaust administrative remedies. A request for expedited access which has not been decided may be appealed to the head of the agency within 7 days (excepting Saturdays, Sundays, and legal public holidays) after its receipt by the agency. A request for expedited access that has been denied by the agency may be appealed to the head of the agency within 2 days (excepting Saturdays, Sundays, and legal public holidays) after the person making such request receives notice of the agency's denial. If an agency head has denied, affirmed a denial, or failed to respond to a timely appeal of a request for expedited access, a court which would have jurisdiction of an action under paragraph (4)(B) of this subsection may, upon complaint, require the agency to show cause why the request for expedited access should not be granted, except that such review shall be limited to the record before the agency. ``(iii) The burden of demonstrating a compelling need by a person making a request for expedited access may be met by a showing, which such person certifies under penalty of perjury to be true and correct to the best of such person's knowledge and belief, that failure to obtain the requested records within the timeframe for expedited access under this paragraph would-- ``(I) threaten an individual's life or safety; ``(II) result in the loss of substantial due process rights and the information sought is not otherwise available in a timely fashion; or ``(III) affect public assessment of the nature and propriety of actual or alleged governmental actions that are the subject of widespread, contemporaneous media coverage.''. SEC. 7. COMPUTER REDACTION. Section 552(b) of title 5, United States Code, is amended by inserting before the period in the sentence following paragraph (9): ``, and the extent of such deletion shall be indicated on the released portion of the record at the place in the record where such deletion was made''. SEC. 8. DEFINITIONS. Section 552(f) of title 5, United States Code, is amended to read as follows: ``(f) For purposes of this section-- ``(1) the term `agency' as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; ``(2) the term `record' means all books, papers, maps, photographs, machine-readable materials, or other information or documentary materials, regardless of physical form or characteristics; and ``(3) the term `search' means a manual or automated review of agency records that is conducted for the purpose of locating those records which are responsive to a request under subsection (a)(3)(A) of this section.''.

Electronic Freedom of Information Improvement Act of 1994 - Amends the Freedom of Information Act (FOIA) to: (1) direct agencies to publish electronically by computer telecommunications (or by other electronic means if computer telecommunications means are unavailable) all information required to be published in the Federal Register, and make certain items available for public inspection and copying by such electronic means as well (including a list of all records made available to any person); (2) include among such required information an index of all information stored in an electronic form by the agency, a description of any new database, and a list of all statutes authorizing the agency to withhold information under such Act; (3) enable requesters to receive records in the format in which such records are maintained; (4) require reasonable efforts by the agency to provide records in an electronic format even when such records are not usually maintained in such format; (5) credit to agencies which have been found to be responsive to FOIA requests a percentage of the fees collected from such requests to offset compliance costs, at an agency's request; (6) provide for Government payment of the requester's out-of-pocket expenses in any case in which the agency has failed to comply with the FOIA request within prescribed time limits; (7) lengthen from ten to 20 days the period for agency decision to comply with a request for information; (8) preclude treatment of predictable workload (including any ongoing agency backlog) as unusual circumstances warranting extension of time limits; (9) require denial notifications to specify the total number of denied records and pages considered in responding to the FOIA request; (10) mandate agency regulations governing FOIA requests for expedited access, including a multitrack first-in, first-out processing policy for simple and complex requests); (11) require the extent of deletions to be indicated on the released portion of the record where they were made; and (12) define "record" to include all information or documentary materials regardless of physical form or characteristics, and "search" to include an automated examination to locate records.

SECTION 1. GOLF COURSE PRESERVATION AND MODERNIZATION. (a) Findings.--Congress finds the following: (1) Langston Golf Course, Rock Creek Golf Course, and East Potomac Golf Course are owned by the United States and are under the administrative jurisdiction of the National Park Service, and each golf course has a long history of service to the general public as an integral part of the Nation's capital, including services to local and regional residents, visitors, and tourists. (2) Golf courses differ considerably from other lands administered by the National Park Service because they require a significant and continuing investment that cannot be required of a concessionaire. (3) East Potomac Golf Course opened in 1920 with three courses to accommodate all levels of play, including an 18-hole tournament-level course and two 9-hole practice courses, and was initially segregated, with African-Americans allowed to play on Mondays. (4) Rock Creek Golf Course opened in 1923 as a 9-hole course, and in 1925 the course was completed as an 18-hole tournament-level course. This course was located in Rock Creek Park, a major recreation and picnic facility for residents. (5) Langston Golf Course opened in 1939 as a golf facility for African-Americans and has been the home course of both the Royal Golf Club and the Wake Robin Golf Club, the Nation's first golf clubs for African-American men and women, respectively. The golf course was named for John Mercer Langston, the first African-American Congressman from Virginia, elected in 1888. (6) Each of the three courses contains valuable historic components that must be maintained. (7) Langston Golf Course is listed on the National Register of Historic Places. (8) Langston Golf Course is believed to be the first regulation course built in the United States almost entirely on a refuse landfill. (9) The first American-born golf professional of African- American ancestry was John Shippen, who was born in 1879 in the Anacostia area of Washington, DC, placed fifth in the second United States Open golf tournament in 1896 at 16 years of age, and helped found the Capitol City Golf Club in 1925. (10) The Capitol City Open golf tournament has made Langston Golf Course its home for the past 40 years. (11) The Capitol City Golf Club, renamed the Royal Golf Club and Wake Robin Women's Club, has historically promoted a safe golf facility for African-Americans in Washington, DC, during an era of few available facilities, and these two clubs remain the oldest African-American golf clubs in the United States. (12) The Langston facility provides important recreational outlets, instructional forums, and a ``safe haven center'' for the enhancement of the lives of inner city youth and other residents in Washington, DC. (13) The Langston, Rock Creek, and East Potomac golf courses provide a home for the Nation's important minority youth ``First Tee'' golf instruction and recreational program in Washington, DC. (14) The Langston, Rock Creek, and East Potomac golf courses have traditionally provided additional quality of life value to Washington, DC, and regional residents and visitors and the golf courses will reach their considerable potential once upgraded to meet their athletic and historical promise. (b) Management of Golf Courses.-- (1) Definitions.--For the purposes of this section, the following apply: (A) Rock creek.--The term ``Rock Creek'' means the federally owned golf course and related facilities located at 16th and Rittenhouse NW, Washington, DC 20011, within the boundaries of 16th Street NW to the East; Military Road NW to the South; Beach Drive NW to the West; and Sherrill Drive NW to the North. (B) Langston.--The term ``Langston'' means the federally owned golf course and related facilities located at 26th and Benning Road NE, Washington, DC 20002, within the boundaries of Anacostia River to the East; Hickory Hill Road to the Northeast; Valley Road NE to the Northeast; Azalea Road NE to the North; Ellipse Road NE to the West; M Street NE to the North; Maryland Avenue NE to the Northwest; 22nd Street NE to the West; 26th Street to the West; and Benning Road NE to the South. (C) East potomac.--The term ``East Potomac'' means the federally owned golf course and related facilities located at 972 Ohio Drive SW, Washington DC 20024, within the boundaries of Ohio Drive to the East, South, and West; and Buckeye Drive SW to the North. (D) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (c) Lease Expiration Dates.--The Secretary shall ensure, that upon the expiration of the lease currently in force for East Potomac, that any new lease for East Potomac shall be set to expire on the same date as the lease currently in force for Langston and Rock Creek and upon the expiration of Langston, Rock Creek, and the new lease for East Potomac, the lease referred to in subsection (d) shall commence. (d) Lease.--The lease referred to in subsection (e) is a lease for the continued operation and maintenance of Rock Creek, Langston, and East Potomac as golf courses. A lease entered into under this section shall include the 3 golf courses in one lease agreement and require that the golf courses be operated and maintained in a manner that-- (1) retains the historic nature of the courses including an appropriate commemoration of the Langston Golf Course's historic place in African-American golf history; (2) at least 2 of the 3 courses maintain fees related to use of the golf courses to be affordable in light of the current fee system used today at the courses; (3) may allow fees collected at one golf course to subsidize the maintenance and operation of one or more of the other golf courses; and (4) allows for a long-term ground lease on the 3 courses. (e) Requests for Proposals.--The Secretary shall solicit proposals, through a competitive process, to procure the lease described in subsection (d) and may, after such solicitation, enter into agreements to procure the lease. The Secretary shall solicit the request for proposals under this subsection in such a manner which ensures, to the greatest extent practicable, the participation of disadvantaged business enterprises among the equity partners of the sponsors of the proposals. (f) Applicability of Certain Laws.--The National Park Service Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et seq.) shall not apply to requests for proposals submitted and leases and agreements entered into under this section.

Directs the Secretary of the Interior, acting through the Director of the National Park Service, to solicit proposals to procure a new lease for the continued operation and maintenance of Rock Creek, Langston, and East Potomac golf courses. Requires the lease to include the three golf courses in one lease agreement and mandate that the courses be operated and maintained in a manner that: (1) retains the historic nature of the courses, including an appropriate commemoration of the Langston Golf Course's historic place in African American golf history; (2) ensures that at least two of the courses maintain fees related to use that are affordable; (3) allows fees collected at one course to subsidize the maintenance and operation of one or more of the others; and (4) allows for a long-term ground lease on the three courses. Directs the Secretary to solicit the request for proposals in a manner that ensures the participation of disadvantaged business enterprises among the equity partners of the sponsors of the proposals. Makes the National Park Service Concessions Management Improvement Act of 1998 inapplicable to requests for proposals submitted and leases and agreements entered into under this Act.