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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bob Dole Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Bob Dole was born on July 22, 1923, in Russell, Kansas. (2) Growing up during the Great Depression, Bob Dole learned the values of hard work and discipline, and worked at a local drug store. (3) In 1941, Bob Dole enrolled at the University of Kansas as a pre-medical student. During his time at KU he played for the basketball, football, and track teams, and joined the Kappa Sigma Fraternity, from which he would receive the ``Man of the Year'' award in 1970. (4) Bob Dole's collegiate studies were interrupted by WWII, and he enlisted in the United States Army. During a military offensive in Italy, he was seriously wounded while trying to save a fellow soldier. Despite his grave injuries, Dole recovered and was awarded two Purple Hearts and a Bronze Star with an Oak Cluster for his service. He also received an American Campaign Medal, a European-African-Middle Eastern Campaign Medal, and a World War II Victory Medal. (5) While working on his law degree from Washburn University, Bob Dole was elected into the Kansas House of Representatives, serving from 1951-1953. (6) Bob Dole was elected into the U.S. House of Representatives and served two Kansas districts from 1961-1969. (7) In 1969, Bob Dole was elected into the U.S. Senate and served until 1996. Over the course of this period, he served as Chairman of the Republican National Committee, Chairman of the Finance Committee, Senate Minority Leader, and Senate Majority Leader. (8) Bob Dole was known for his ability work across the aisle and embrace practical bipartisanship on issues such as Social Security. (9) Bob Dole has been a life-long advocate for the disabled and was a key figure in the passing of the Americans with Disabilities Act in 1990. (10) After his appointment as Majority Leader, Bob Dole set the record as the nation's longest-serving Republican Leader in the Senate. (11) Several Presidents of the United States have specially honored Bob Dole for his hard work and leadership in the public sector. This recognition is exemplified by the following: (A) President Reagan awarded Bob Dole the Presidential Citizens Medal in 1989 stating, ``Whether on the battlefield or Capitol Hill, Senator Dole has served America heroically. Senate Majority Leader during one of the most productive Congresses of recent time, he has also been a friend to veterans, farmers, and Americans from every walk of life. Bob Dole has stood for integrity, straight talk and achievement throughout his years of distinguished public service.''. (B) Upon awarding Bob Dole with the Presidential Medal of Freedom in 1997, President Clinton made the following comments, ``Son of the soil, citizen, soldier and legislator, Bob Dole understands the American people, their struggles, their triumphs and their dreams . . . In times of conflict and crisis, he has worked to keep America united and strong . . . our country is better for his courage, his determination, and his willingness to go the long course to lead America.''. (12) After his career in public office, Bob Dole became an active advocate for the public good. He served as National Chairman of the World War II Memorial Campaign, helping raise over $197 million to construct the National WWII Memorial, and as Co-Chair of the Families of Freedom Scholarship Fund, raising over $120 million for the educational needs of the families of victims of 9/11. (13) From 1997-2001, Bob Dole served as chairman of the International Commission on Missing Persons in the Former Yugoslavia. (14) In 2003, Bob Dole established The Robert J. Dole Institute of Politics at the University of Kansas to encourage bipartisanship in politics. (15) Bob Dole is a strong proponent of international justice and, in 2004, received the Golden Medal of Freedom from the President of Kosovo for his support of democracy and freedom in Kosovo. (16) In 2007, President George W. Bush appointed Bob Dole to co-chair the President's Commission on Care for America's Returning Wounded Warriors, which inspected the system of medical care received by U.S. soldiers returning from Iraq and Afghanistan. (17) Bob Dole was the co-creator of the McGovern-Dole International Food for Education and Child Nutrition Program, helping combat child hunger and poverty. In 2008, he was co- awarded the World Food Prize for his work with this organization. (18) Bob Dole is co-founder of the Bipartisan Policy Center which works to develop policies suitable for bipartisan support. (19) Bob Dole is a strong advocate for veterans, having volunteered on a weekly basis for more than a decade on behalf of the Honor Flight Network. (20) Bob Dole serves as Finance Chairman of the Campaign for the National Eisenhower Memorial, leading the private fundraising effort to memorialize President Dwight D. Eisenhower in Washington, DC. (21) Bob Dole was acknowledged by many organizations for his achievements both inside and outside of politics, including being awarded the ``U.S. Senator John Heinz Award for Outstanding Public Service By An Elected Official'', the Gold Good Citizenship Award, the American Patriot Award, the Survivor's Gratitude Award, the U.S. Association of Former Member of Congress Distinguished Service Award, a Distinguished Service Medal, the French Legion of Honor medal, the Horatio Alger Award, the U.S. Defense Department's Distinguished Public Service Award, the National Collegiate Athletic Association's Teddy Roosevelt Award, the Albert Schweitzer Medal ``for outstanding contributions to animal welfare'', the 2004 Sylvanus Thayer Award, and honorary degrees from the University of Kansas, Fort Hays State University, and the University of New Hampshire School of Law. (22) Throughout his life-long service to our country, Bob Dole has embodied the American spirit of leadership and determination, and serves as one of the most prolific role models both in and outside of politics. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a gold medal of appropriate design to Bob Dole, in recognition for his service to the nation as a soldier, legislator, and statesman. (b) Design and Striking.--For the purpose of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Bob Dole Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal to Bob Dole in recognition for his service to the nation as a soldier, legislator, and statesman.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Master Limited Partnerships Parity Act''. SEC. 2. EXTENSION OF PUBLICLY TRADED PARTNERSHIP OWNERSHIP STRUCTURE TO ENERGY POWER GENERATION PROJECTS, TRANSPORTATION FUELS, AND RELATED ENERGY ACTIVITIES. (a) In General.--Subparagraph (E) of section 7704(d)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``income and gains derived from the exploration'' and inserting ``income and gains derived from the following: ``(i) Minerals, natural resources, etc.-- The exploration''; (2) by inserting ``or'' before ``industrial source''; (3) by inserting a period after ``carbon dioxide''; and (4) by striking ``, or the transportation or storage'' and all that follows and inserting the following: ``(ii) Renewable energy.--The generation of electric power (including the leasing of tangible personal property used for such generation) exclusively utilizing any resource described in section 45(c)(1) or energy property described in section 48 (determined without regard to any termination date), or in the case of a facility described in paragraph (3) or (7) of section 45(d) (determined without regard to any placed in service date or date by which construction of the facility is required to begin), the accepting or processing of such resource. ``(iii) Energy storage property.--The sale of electric power, capacity, resource adequacy, demand response capabilities, or ancillary services that is produced or made available from any equipment or facility (operating as a single unit or as an aggregation of units) the principal function of which is to-- ``(I) use mechanical, chemical, electrochemical, hydroelectric, or thermal processes to store energy that was generated at one time for conversion to electricity at a later time, or ``(II) store thermal energy for direct use for heating or cooling at a later time in a manner that avoids the need to use electricity at that later time. ``(iv) Combined heat and power.--The generation, storage, or distribution of thermal energy exclusively utilizing property described in section 48(c)(3) (determined without regard to subparagraphs (B) and (D) thereof and without regard to any placed in service date). ``(v) Renewable thermal energy.--The generation, storage, or distribution of thermal energy exclusively using any resource described in section 45(c)(1) or energy property described in clause (i) or (iii) of section 48(a)(3)(A). ``(vi) Waste heat to power.--The use of recoverable waste energy, as defined in section 371(5) of the Energy Policy and Conservation Act (42 U.S.C. 6341(5)) (as in effect on the date of the enactment of the Master Limited Partnerships Parity Act). ``(vii) Renewable fuel infrastructure.--The storage or transportation of any fuel described in subsection (b), (c), (d), or (e) of section 6426. ``(viii) Renewable fuels.--The production, storage, or transportation of any renewable fuel described in section 211(o)(1)(J) of the Clean Air Act (42 U.S.C. 7545(o)(1)(J)) (as in effect on the date of the enactment of the Master Limited Partnerships Parity Act) or section 40A(d)(1). ``(ix) Fuel derived from captured carbon dioxide.--The production, storage, or transportation of any fuel which-- ``(I) uses carbon dioxide captured from an anthropogenic source or the atmosphere as its primary feedstock, and ``(II) is determined by the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, to achieve a reduction of not less than a 60 percent in lifecycle greenhouse gas emissions (as defined in section 211(o)(1)(H) of the Clean Air Act) compared to baseline lifecycle greenhouse gas emissions (as defined in section 211(o)(1)(C) of such Act). This clause shall not apply to any fuel which uses as its primary feedstock carbon dioxide which is deliberately released from naturally- occurring subsurface springs. ``(x) Renewable chemicals.--The production, storage, or transportation of any qualifying renewable chemical (as defined in paragraph (6)). ``(xi) Energy efficient buildings.--The audit and installation through contract or other agreement of any energy efficient building property described in section 179D(c)(1). ``(xii) Gasification with sequestration.-- The production of any product or the generation of electric power from a project-- ``(I) which meets the requirements of subparagraphs (A) and (B) of section 48B(c)(1), and ``(II) not less than 75 percent of the total carbon dioxide emissions of which is qualified carbon dioxide (as defined in section 45Q(b)) which is disposed of or utilized as provided in paragraph (7). ``(xiii) Carbon capture and sequestration.-- ``(I) Power generation facilities.--The generation or storage of electric power (including associated income from the sale or marketing of energy, capacity, resource adequacy, and ancillary services) produced from any power generation facility which is, or from any power generation unit within, a qualified facility which is described in section 45Q(c) and not less than 50 percent (30 percent in the case of a facility or unit placed in service before January 1, 2017) of the total carbon dioxide emissions of which is qualified carbon dioxide which is disposed of or utilized as provided in paragraph (7). ``(II) Other facilities.--The sale of any good or service from any facility (other than a power generation facility) which is a qualified facility described in section 45Q(c) and the captured qualified carbon dioxide (as so defined) of which is disposed of as provided in paragraph (7).''. (b) Renewable Chemical.-- (1) In general.--Section 7704(d) of such Code is amended by adding at the end the following new paragraph: ``(6) Qualifying renewable chemical.-- ``(A) In general.--The term `qualifying renewable chemical' means any renewable chemical (as defined in section 9001 of the Agriculture Act of 2014)-- ``(i) which is produced by the taxpayer in the United States or in a territory or possession of the United States, ``(ii) which is the product of, or reliant upon, biological conversion, thermal conversion, or a combination of biological and thermal conversion, of renewable biomass (as defined in section 9001(13) of the Farm Security and Rural Investment Act of 2002), ``(iii) the biobased content of which is 95 percent or higher, ``(iv) which is sold or used by the taxpayer-- ``(I) for the production of chemical products, polymers, plastics, or formulated products, or ``(II) as chemicals, polymers, plastics, or formulated products, ``(v) which is not sold or used for the production of any food, feed, or fuel, and ``(vi) which is-- ``(I) acetic acid, acrylic acid, acyl glutamate, adipic acid, algae oils, algae sugars, 1,4-butanediol (BDO), iso-butanol, n-butanol, C10 and higher hydrocarbons produced from olefin metathesis, carboxylic acids produced from olefin metathesis, cellulosic sugar, diethyl methylene malonate, dodecanedioic acid (DDDA), esters produced from olefin metathesis, ethyl acetate, ethylene glycol, farnesene, 2,5-furandicarboxylic acid, gamma-butyrolactone, glucaric acid, hexamethylenediamine (HMD), 3-hydroxy propionic acid, iso-butene, isoprene, itaconic acid, lactide, levulinic acid, polyhydroxyalkonate (PHA), polylactic acid (PLA), polyethylene furanoate (PEF), polyethylene terephthalate (PET), polyitaconic acid, polyols from vegetable oils, poly(xylitan levulinate ketal), 1,3-propanediol, 1,2- propanediol, rhamnolipids, short and medium chain carboxylic acids produced from anaerobic digestion, succinic acid, terephthalic acid, vegetable fatty acid derived from ethyl esters containing vegetable oil, or p-Xylene, or ``(II) any chemical not described in clause (i) which is a chemical listed by the Secretary for purposes of this paragraph. ``(B) Biobased content.--For purposes of subparagraph (A)(iii), the term `biobased content percentage' means, with respect to any renewable chemical, the biobased content of such chemical (expressed as a percentage) determined by testing representative samples using the American Society for Testing and Materials (ASTM) D6866.''. (2) List of other qualifying renewable chemicals.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate), in consultation with the Secretary of Agriculture, shall establish a program to consider applications from taxpayers for the listing of chemicals under section 7874(d)(6)(A)(vi)(II) (as added by paragraph (1)). (c) Disposal and Utilization of Captured Carbon Dioxide.--Section 7704(d) of such Code, as amended by subsection (b), is amended by adding at the end the following new paragraph: ``(7) Disposal and utilization of captured carbon dioxide.--For purposes of clauses (xii)(III) and (xiii)(I) of paragraph (1)(E), carbon dioxide is disposed of or utilized as provided in this paragraph if such carbon dioxide is-- ``(A) placed into secure geological storage (as determined under section 45Q(d)(2)), ``(B) used as a tertiary injectant (as defined in section 45Q(d)(3)) in a qualified enhanced oil or natural gas recovery project (as defined in section 45Q(d)(4)) and placed into secure geological storage (as so determined), ``(C) fixated through photosynthesis or chemosynthesis (such as through the growing of algae or bacteria), ``(D) chemically converted to a material or chemical compound in which it is securely stored, or ``(E) used for any other purpose which the Secretary determines has the potential to strengthen or significantly develop a competitive market for carbon dioxide captured from man-made sources.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, in taxable years ending after such date.

Master Limited Partnerships Parity Act This bill amends the Internal Revenue Code, with respect to the tax treatment of publicly traded partnerships as corporations, to expand the definition of "qualifying income" for such partnerships (known as master limited partnerships) to include income and gains from renewable and alternative energy generation projects (in addition to fossil fuel-based energy generation projects) and related infrastructure for transportation or storage, including energy derived from thermal resources, waste, renewable fuels and chemicals, energy efficient buildings, gasification, and carbon capture in secure geological storage.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Enforcement Act of 1994''. TITLE I--CHILD SUPPORT ENFORCEMENT SEC. 101. HOLD ON OCCUPATIONAL, PROFESSIONAL, AND BUSINESS LICENSES. (a) State Hold Based on Warrant or Support Delinquency.--Section 466(a) of the Social Security Act (42 U.S.C. 666(a)) is amended by inserting after paragraph (11) the following: ``(12) Procedures under which the State occupational licensing and regulating departments and agencies may not issue or renew any occupational, professional, or business license of-- ``(A) a noncustodial parent who is the subject of an outstanding failure to appear warrant, capias, or bench warrant related to a child support proceeding that appears on the State's crime information system, until removed from the system; and ``(B) an individual who is delinquent in the payment of child support, until the obligee or a State prosecutor responsible for child support enforcement consents to, or a court that is responsible for the order's enforcement orders, the release of the hold on the license, or an expedited inquiry and review is completed while the individual is granted a 60-day temporary license. The preceding sentence shall not apply to an individual who makes an adequate showing to the State that the failure to issue or renew an occupational, professional, or business license will result in undue hardship.''. (b) Federal Hold Based on Support Delinquency.--A Federal agency may not issue or renew any occupational, professional, or business license of an individual who is delinquent in the payment of child support, until the obligee, the obligee's attorney, or a State prosecutor responsible for child support enforcement consents to, or a court that is responsible for the order's enforcement orders, the release of the hold on the license, or an expedited inquiry and review is completed while the individual is granted a 60-day temporary license. The preceding sentence shall not apply to an individual who makes an adequate showing to the State that the failure to issue or renew an occupational, professional, or business license will result in undue hardship. SEC. 102. DENIAL OF FEDERAL BENEFITS, LOANS, GUARANTEES, AND EMPLOYMENT TO CERTAIN PERSONS WITH LARGE CHILD SUPPORT ARREARAGES. (a) Benefits, Loans, and Guarantees.--Notwithstanding any other provision of law, each agency or instrumentality of the Federal Government may not, under any program that the agency or instrumentality supervises or administers, provide a benefit to, make a loan to, or provide any guarantee for the benefit of, any individual-- (1) whose child support arrearages, determined under a court order or an order of an administrative process established under State law, exceed $1,000; and (2) who is not in compliance with a plan or an agreement to repay the arrearages. The preceding sentence shall not apply to an individual who makes an adequate showing to the State that the failure to provide a benefit, loan, or guarantee will result in undue hardship. (b) Employment.-- (1) In general.--Notwithstanding any other provision of law, an individual shall be considered ineligible to accept employment in a position in the Federal Government if-- (A) such individual has child support arrearages, determined under a court order or an order of an administrative process established under State law, exceeding $1,000; and (B) such individual is not in compliance with a plan or agreement to repay the arrearages. The preceding sentence shall not apply to an individual who makes an adequate showing to the State that ineligibility to accept employment will result in undue hardship. (2) Regulations.--Regulations to carry out paragraph (1) shall-- (A) with respect to positions in the executive branch, be prescribed by the President (or his designee); (B) with respect to positions in the legislative branch, be prescribed jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives (or their designees); and (C) with respect to positions in the judicial branch, be prescribed by the Chief Justice of the United States (or his designee). (3) Child support defined.--For purposes of this subsection, the term ``child support'' has the meaning given such term in section 462(b) of the Social Security Act (42 U.S.C. 662(b)). SEC. 103. DENIAL OF PASSPORTS TO NONCUSTODIAL PARENTS SUBJECT TO STATE ARREST WARRANTS IN CASES OF NONPAYMENT OF CHILD SUPPORT. The Secretary of State is authorized to refuse a passport or revoke, restrict, or limit a passport in any case in which the Secretary of State determines or is informed by competent authority that the applicant or passport holder is a noncustodial parent who is the subject of an outstanding State warrant of arrest for nonpayment of child support, where the amount in controversy is not less than $10,000. SEC. 104. FAIR CREDIT REPORTING ACT AMENDMENT. Section 604 of the Consumer Credit Protection Act (15 U.S.C. 1681b) is amended by adding at the end the following: ``(4) To a State agency administering a State plan under section 454 of the Social Security Act, for use to establish or modify a child support award.''. SEC. 105. NATIONAL REPORTING OF NEW HIRES AND CHILD SUPPORT INFORMATION. (a) In General.--The Secretary of the Treasury, in consultation with the Secretary of Labor, shall establish a system of reporting of new employees by requiring employers to provide a copy of every new employee's W-4 form to the child support enforcement agency of the State in which the employment is located. (b) Expanded Use of Form.--The Secretary of the Treasury shall modify the W-4 form completed by the new employee to include-- (1) whether a child support obligation is owed by the new employee, and if so, to whom such obligation is payable and the amount of such obligation, (2) whether payment of such obligation is to be by income withholding, and (3) whether the new employee has health care insurance available. TITLE II--INTERSTATE CHILD SUPPORT ENFORCEMENT SEC. 201. INTERSTATE RECOGNITION OF CHILD SUPPORT AND PARENTAGE ORDERS. (a) In General.--Chapter 115 of title 28, United States Code, is amended by inserting after section 1738A the following: ``Sec. 1738B. Full faith and credit to child support and parentage orders ``(a) As used in this section: ``(1) The term `child' means any individual who has not attained the age of 18 years, and any individual who has attained the age of 18 years for whom a child support order has been issued pursuant to the laws of a State. ``(2) The term `child support' includes periodic and lump- sum payments for current and past due economic support, payments of premiums for health insurance for children, payments for or provision of child care, and payments for educational expenses. ``(3) The term `child support order' means a judgment, decree or order of a court requiring the payment of money, whether in periodic amounts or lump sum, for the support of a child and includes permanent and temporary orders, initial orders and modifications, ongoing support and arrearages. ``(4) The term `child's State' means, with respect to a child, the State in which the child resides with a parent or an individual acting as a parent. ``(5) The term `contestant' means an individual, including a parent, who claims a right to receive child support or is under an order to pay child support, and includes States and political subdivisions to which support rights have been assigned. ``(6) The term `court' means a court, administrative process, or quasijudicial process of a State that is authorized to-- ``(A) adjudicate parentage; ``(B) establish the amount of support payable by a contestant; or ``(C) modify the amount of support payable by a contestant. ``(7) The term `home State' means, with respect to a child, the State in which, immediately preceding the time involved, the child lived with his or her parents, a parent, or an individual acting as parent, for at least 6 consecutive months (including any periods of temporary absence), and if the child has not attained the age of 6 months, the State in which the child lived from birth with any of such individuals. ``(8) The term `individual acting as a parent' means an individual, other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody. ``(9) The terms `modification' and `modify' refer to a change in a child support order or an order adjudicating parentage that modifies, replaces, supersedes, or otherwise is made subsequent to such prior order, whether or not made by the same court that issued such prior order. ``(10) The term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, and Indian country as defined in section 1151 of title 18, United States Code. ``(b) The courts of each State shall recognize and enforce according to its terms a child support order or an order adjudicating parentage against an individual over whom personal jurisdiction has been exercised consistent with this section, and shall not modify such an order except as provided in subsection (f). ``(c) A court of a State may exercise personal jurisdiction over a nonresident contestant if there is any basis consistent with the constitution of the State and the Constitution of the United States for the exercise. ``(d) A court of a State which has issued a child support order or an order adjudicating parentage consistent with this section shall have continuing, exclusive jurisdiction of the order for so long as the State remains the child's State or the residence of any contestant, unless another State, acting in accordance with subsection (f), has modified the order. ``(e) Before a court of a State makes a child support order or adjudicates parentage, reasonable notice and opportunity to be heard shall be given to the contestants. ``(f) A court of a State may modify a child support order or an order adjudicating parentage issued by a court of another State if-- ``(1) each contestant has filed written consent for the court of the State to modify the order and assume continuing, exclusive jurisdiction of the order; and ``(2) the court of the State otherwise has jurisdiction to issue such an order. ``(g) A court of a State which no longer has continuing, exclusive jurisdiction of a child support order or an order adjudicating parentage may enforce the order with respect to unsatisfied obligations which accrued before the date the order is modified in accordance with subsection (f). ``(h) A court of a State shall not exercise jurisdiction in any proceeding for a child support order or an adjudication of parentage commenced during the pendency of a proceeding in a court of another State when the court of the other State is exercising jurisdiction consistent with this section unless-- ``(1) the proceeding was filed in the State before the expiration of time allowed in the other State for filing a responsive pleading challenging the exercise of jurisdiction by the other State; ``(2) the contesting party timely challenges the exercise of jurisdiction by the other State; and ``(3) if applicable, the court is in the home State of the child. ``(i)(1) Except as provided in paragraphs (2) and (3), the forum State's law shall apply in a proceeding to establish, modify, or enforce a child support order or an order adjudicating parentage. ``(2) The courts of a State shall apply the law of the State that issued a child support order or an order adjudicating parentage in interpreting such an order. ``(3) In an action to enforce a child support order or an order adjudicating parentage, the statute of limitations under the laws of the forum State or the issuing State, whichever is longer, shall apply.''. (b) Clerical Amendment.--The chapter analysis for such chapter is amended by inserting after the item relating to section 1738A the following: ``1738B. Full faith and credit to child support and parentage orders.''. TITLE III--HIDING ASSETS SEC. 301. FRAUDULENT TRANSFER PURSUIT. Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as amended by section 101, is amended by inserting after paragraph (12) the following: ``(13) Procedures requiring that, in any case related to child support, any transfer of property by an individual who owes a child support arrearage shall be presumed to be made with the intent to avoid payment of the arrearage, and may be rebutted by evidence to the contrary.''. SEC. 302. FRAUDULENT TRANSFER PURSUIT. Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as amended by section 101 and section 301, is amended by inserting after paragraph (12) the following new paragraph: ``(14) Procedures that allow the State to void fraudulent conveyances of property that are made in an attempt to avoid child support obligations.''.

TABLE OF CONTENTS: Title I: Child Support Enforcement Title II: Interstate Child Support Enforcement Title III: Hiding Assets Child Support Enforcement Act of 1994 - Title I: Child Support Enforcement - Amends the Social Security Act to require States to have in effect statutorily prescribed procedures under which the State occupational licensing and regulating agencies may not issue or renew any occupational, professional, or business license (license) of: (1) a noncustodial parent who is the subject of an outstanding failure to appear warrant, capias, or bench warrant related to a child support proceeding that appears on the State's crime information system; and (2) an individual who is delinquent in the payment of child support until the obligee or a State prosecutor consents to, or a court orders, the release of the hold on the license or an expedited inquiry and review is completed while the individual is granted a 60-day temporary license. Makes such provision inapplicable to an individual who makes an adequate showing to the State that the failure to issue or renew the license will result in undue hardship. Prohibits (subject to a showing of undue hardship) a Federal agency from issuing or renewing a license of an individual who is delinquent in the payment of child support until the obligee, the obligee's attorney, or a State prosecutor consents to, or a court orders, the release of the hold on the license or an expedited inquiry and review is completed while the individual is granted a 60-day temporary license. (Sec. 102) Prohibits (subject to a showing of undue hardship) each agency or instrumentality of the Federal Government, under any program, from providing a benefit to, making a loan to, or providing any guarantee for the benefit of, any individual: (1) whose child support arrearages determined under a court order or an order of an administrative process established under State law exceed $1,000; and (2) who is not in compliance with a plan or an agreement to repay the arrearages. Makes such an individual ineligible to accept employment in a position in the Federal Government (subject to a showing of undue hardship). (Sec. 103) Authorizes the Secretary of State to refuse a passport or revoke, restrict, or limit a passport in any case in which the Secretary determines or is informed by competent authority that the applicant or passport holder is a noncustodial parent who is the subject of an outstanding State warrant of arrest for nonpayment of child support where the amount in controversy is not less than $10,000. (Sec. 104) Amends the Consumer Credit Protection Act to authorize a consumer reporting agency to furnish a consumer report to a State agency administering a State plan under the Social Security Act for use to establish or modify a child support award. (Sec. 105) Directs the Secretary of the Treasury to: (1) establish a system of reporting of new employees by requiring employers to provide a copy of every new employee's W-4 form to the child support enforcement agency of the State in which the employment is located; and (2) modify the W-4 form completed by the new employee to include whether a child support obligation is owed by such employee (and, if so, to whom such obligation is payable and the amount of such obligation), whether payment of such obligation is to be by income withholding, and whether the new employee has health care insurance available. Title II: Interstate Child Support Enforcement - Amends the Federal judicial code to: (1) require the courts of each State to recognize and enforce according to its terms a child support order or an order adjudicating parentage against an individual over whom personal jurisdiction has been exercised consistent with this title; and (2) prohibit such courts from modifying such an order unless each contestant has filed written consent and the court of the State otherwise has jurisdiction to issue such an order. Sets forth provisions regarding: (1) the exercise by the court of a State of personal jurisdiction over a nonresident contestant and of continuing, exclusive jurisdiction of a child support order or an order adjudicating parentage; (2) which law applies (generally, the forum State's law is applicable in a proceeding to establish, modify, or enforce such an order); and (3) which statute of limitations applies (whichever is longer). Title III: Hiding Assets - Amends the Social Security Act to require States to have in effect statutorily prescribed procedures: (1) requiring that, in any case related to child support, any transfer of property by an individual who owes a child support arrearage be presumed to be made with the intent to avoid payment of the arrearage (subject to rebuttal by evidence to the contrary); and (2) that allow the State to void fraudulent conveyances of property that are made in an attempt to avoid child support obligations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Give Fans a Chance Act of 2011''. SEC. 2. AMENDMENT TO ANTITRUST EXEMPTION. The Act of September 30, 1961 (Public Law 87-331; 15 U.S.C. 1291 et seq.), is amended by adding at the end the following: ``SEC. 7. CONDITIONAL APPLICATION OF ACT. ``(a) Inapplicability.--This Act shall not apply to a league of clubs of a professional sport for any period during which any member club of such league is-- ``(1) subject to such league's requirement, or to an agreement made by 2 or more member clubs of such league, that forbids any of such clubs to transfer (by sale or otherwise) an ownership interest of any kind in such club to any governmental entity or to members of the general public; or ``(2) not in compliance with subsection (b) or (c). ``(b) Notice of Proposed Change in Community; Opportunities To Respond to Proposed Relocation or Elimination.-- ``(1) In general.--A member club that proposes to relocate, or a league that proposes to relocate or eliminate a member club, out of a community in the home territory of the member club shall furnish notice of such proposed relocation or elimination not later than 180 days before the commencement of the season in which the club is to play home games in the proposed new location. ``(2) Persons entitled to receive notice.--The notice required by paragraph (1) shall be furnished to all interested persons. ``(3) Requirements.--The notice shall-- ``(A) be in writing and delivered in person or by certified mail; ``(B) be made available to the news media; ``(C) be published in 1 or more newspapers of general circulation within the club's home community; and ``(D) contain-- ``(i) an identification of the proposed new home community of such club if applicable; ``(ii) a summary of the reasons for the proposed relocation or elimination based on the criteria listed in subsection (c); and ``(iii) the date on which the proposed relocation or elimination would become effective. ``(4) Opportunity to offer to purchase.-- ``(A) In general.--During the 180-day notice period specified in paragraph (1), a local government, stadium, arena authority, person, or any combination thereof, may prepare and present a proposal to purchase the club to retain the club in the home community. ``(B) Membership in league.--If a bid under subparagraph (A) is successful, the league of which the club is a member shall not prohibit the club's membership in the league on the basis that the club is owned in whole or in part by several persons or entities, or by 1 or more local governments. ``(5) Opportunity to induce club to stay.--During the 180- day notice period specified in paragraph (1), the club (and the league of which the club is a member) shall give a local government, stadium authority, person, or any combination thereof, the opportunity to prepare and present a proposal to induce the club to remain in its home community. ``(6) Response.--The response of the owner of the club to any offer made under paragraph (4) or (5) shall-- ``(A) be in writing and delivered in person or by certified mail; and ``(B) state in detail the reasons for refusal of any bona fide offer. ``(7) Determination by league.-- ``(A) In general.--The league of which the club is a member shall make a determination, before the expiration of the 180-day notice period specified in paragraph (1), with respect to the relocation or elimination of the club out of its home community. ``(B) Hearings.--In making a determination under this paragraph, the league shall conduct a hearing at which interested persons are afforded an opportunity to present oral or written testimony regarding the proposed relocation or elimination of the club. The league shall keep a record of all such proceedings. ``(C) Consideration of proposals.--The league shall take into account any inducement proposal that is offered under paragraph (5). ``(8) Considerations.--In determining whether to approve or disapprove the relocation or elimination of the club, the league shall take into consideration the criteria listed in subsection (c). ``(c) Criteria for Relocation or Elimination Decisions.-- Notwithstanding any other law, before making a decision to approve or disapprove the relocation or elimination of a club out of its home community, the league of which such club is a member shall take into consideration-- ``(1) the extent to which fan loyalty to and support for the club has been demonstrated during the club's operation in such community; ``(2) the degree to which the club has engaged in good faith negotiations with appropriate persons concerning terms and conditions under which the club would continue to play home games in such community or elsewhere within the club's home territory; ``(3) the degree to which the ownership or management of the club has contributed to any circumstances that might demonstrate the need for the relocation or elimination; ``(4) the extent to which the club, directly or indirectly, received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of public financial support; ``(5) the adequacy of the stadium in which the club played its home games in the previous season, and the willingness of the stadium, arena authority, or local government to remedy any deficiencies in the facility; ``(6) whether the club has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the club; ``(7) whether any other club in the league is located in the same home community; ``(8) whether the club proposes to relocate to a community that is the home community of another member club of the league; ``(9) whether the stadium authority, if public, is opposed to the proposed relocation or elimination; and ``(10) whether there is a bona fide investor offering fair market value for the club and seeking to retain the club in such community.''. SEC. 3. EFFECTIVE DATE. This Act and the amendment made by this Act shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act.

Give Fans a Chance Act of 2011 - Provides that the existing antitrust exemption for agreements covering the telecasting of sports contests and the combining of professional football leagues shall not apply to a professional sport league for any period during which any member club is: (1) subject to a league requirement, or to an agreement made by two or more member clubs, that forbids any club from transferring an ownership interest to any governmental entity or to members of the general public; or (2) not in compliance with the following provisions of this Act. Requires a member club that proposes to relocate out of a community in the home territory of that club, or a league that proposes to relocate or eliminate a member club, to furnish notice to all interested parties not later than 180 days before the commencement of the season in which the club is to play home games in the proposed new location. Authorizes a local government, stadium, arena authority, person, or any combination thereof, during such notice period, to present a proposal to purchase the club to retain it in the home community. Requires the club and the league, during such period, to give such entities the opportunity to present a proposal to induce the club to remain in its home community. Requires the club owner to reply in writing to any such proposal and to specify the reasons for refusal of any bona fide offer. Requires the league, before the expiration of such notice period, to make a determination regarding the relocation or elimination of the club, after considering specified criteria, including: (1) the extent to which fan loyalty to and support for the club has been demonstrated; (2) the degree to which club ownership or management has contributed to any circumstances that might demonstrate the need for the relocation or elimination; (3) whether the stadium authority, if public, is opposed to the proposed relocation or elimination; and (4) whether there is a bona fide investor offering fair market value for the club and seeking to retain the club in that community. Prohibits denying a club membership in a league on the basis that the club is owned by several persons or entities or by one or more local governments.

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; 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 adverse 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 ``2020''; 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 ``2020''. (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 2016 through 2020 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 2016 through 2020. (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 2016 through 2020.

Long Island Sound Restoration and Stewardship Act This bill reauthorizes 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 through FY2020. The bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to direct the Environmental Protection Agency's (EPA) Office of the Management Conference of the Long Island Sound Study to include in studies on strengthening the implementation of the Comprehensive Conservation and Management Plan for Long Island Sound: (1) environmental impacts on the Sound watershed; and (2) planning initiatives that identify areas most suitable for various activities in order to reduce conflicts among uses, reduce adverse environmental impacts, facilitate compatible uses, or preserve critical ecosystem services. The Office must: (1) develop and implement strategies to increase education and awareness about the ecological health and water quality of the Sound; and (2) monitor progress toward meeting the goals, actions, and schedules of the Plan. The limit on the federal share for certain grants for projects and studies to help implement the Plan is revised by increasing the limit for grants other than citizen involvement and education grants. A federal agency that owns or occupies real property, or carries out activities, within the Sound watershed must: (1) participate in regional and subwatershed planning, protection, and restoration activities; and (2) ensure that the property and activities are consistent with the Plan to the maximum extent practicable.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Officers Equity Act''. SEC. 2. AMENDMENTS. (a) Federal Employees Retirement System.-- (1) In general.--Paragraph (17) of section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of subparagraph (C), and by adding at the end the following: ``(E) an employee (not otherwise covered by this paragraph)-- ``(i) the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and ``(ii) who is authorized to carry a firearm; and ``(F) an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns;''. (2) Conforming amendment.--Section 8401(17)(C) of title 5, United States Code, is amended by striking ``subparagraph (A) and (B)'' and inserting ``subparagraphs (A), (B), (E), and (F)''. (b) Civil Service Retirement System.--Paragraph (20) of section 8331 of title 5, United States Code, is amended by inserting after ``position.'' (in the matter before subparagraph (A)) the following: ``For the purpose of this paragraph, the employees described in the preceding provision of this paragraph (in the matter before `including') shall be considered to include an employee, not otherwise covered by this paragraph, who satisfies clauses (i)-(ii) of section 8401(17)(E) and an employee of the Internal Revenue Service the duties of whose position are as described in section 8401(17)(F).''. (c) Effective Date.--Except as provided in section 3, the amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply only in the case of any individual first appointed as a law enforcement officer (within the meaning of those amendments) on or after such date. SEC. 3. TREATMENT OF SERVICE PERFORMED BY INCUMBENTS. (a) Law Enforcement Officer and Service Described.-- (1) Law enforcement officer.--Any reference to a law enforcement officer described in this subsection refers to an individual who satisfies the requirements of section 8331(20) or 8401(17) of title 5, United States Code (relating to the definition of a law enforcement officer) by virtue of the amendments made by section 2. (2) Service.--Any reference to service described in this subsection refers to service performed as a law enforcement officer (as described in this subsection). (b) Incumbent Defined.--For purposes of this section, the term ``incumbent'' means an individual who-- (1) is first appointed as a law enforcement officer (as described in subsection (a)) before the date of the enactment of this Act; and (2) is serving as such a law enforcement officer on such date. (c) Treatment of Service Performed by Incumbents.-- (1) In general.--Service described in subsection (a) which is performed by an incumbent on or after the date of the enactment of this Act shall, for all purposes (other than those to which paragraph (2) pertains), be treated as service performed as a law enforcement officer (within the meaning of section 8331(20) or 8401(17) of title 5, United States Code, as appropriate). (2) Retirement.--Service described in subsection (a) which is performed by an incumbent before, on, or after the date of the enactment of this Act shall, for purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code, be treated as service performed as a law enforcement officer (within the meaning of such section 8331(20) or 8401(17), as appropriate), but only if an appropriate written election is submitted to the Office of Personnel Management within 5 years after the date of the enactment of this Act or before separation from Government service, whichever is earlier. (d) Individual Contributions for Prior Service.-- (1) In general.--An individual who makes an election under subsection (c)(2) may, with respect to prior service performed by such individual, contribute to the Civil Service Retirement and Disability Fund the difference between the unrefunded individual contributions made for such service and the individual contributions that should have been made for such service if the amendments made by section 2 had then been in effect. (2) Effect of not contributing.--If no part of or less than the full amount required under paragraph (1) is paid, all prior service of the incumbent shall remain fully creditable as law enforcement officer service, but the resulting annuity shall be reduced in a manner similar to that described in section 8334(d)(2) of title 5, United States Code, to the extent necessary to make up the amount unpaid. (3) Prior service defined.--For purposes of this section, the term ``prior service'' means, with respect to any individual who makes an election under subsection (c)(2), service (described in subsection (a)) performed by such individual before the date as of which appropriate retirement deductions begin to be made in accordance with such election. (e) Government Contributions for Prior Service.-- (1) In general.--If an incumbent makes an election under subsection (c)(2), the agency in or under which that individual was serving at the time of any prior service (referred to in subsection (d)) shall remit to the Office of Personnel Management, for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, the amount required under paragraph (2) with respect to such service. (2) Amount required.--The amount an agency is required to remit is, with respect to any prior service, the total amount of additional Government contributions to the Civil Service Retirement and Disability Fund (above those actually paid) that would have been required if the amendments made by section 2 had then been in effect. (3) Contributions to be made ratably.--Government contributions under this subsection on behalf of an incumbent shall be made by the agency ratably (on at least an annual basis) over the 10-year period beginning on the date referred to in subsection (d)(3). (f) Exemption From Mandatory Separation.--Nothing in section 8335(b) or 8425(b) of title 5, United States Code, shall cause the involuntary separation of a law enforcement officer (as described in subsection (a)) before the end of the 3-year period beginning on the date of the enactment of this Act. (g) Regulations.--The Office of Personnel Management shall prescribe regulations to carry out this Act, including-- (1) provisions in accordance with which interest on any amount under subsection (d) or (e) shall be computed, based on section 8334(e) of title 5, United States Code; and (2) provisions for the application of this section in the case of-- (A) any individual who-- (i) satisfies paragraph (1) (but not paragraph (2)) of subsection (b); and (ii) serves as a law enforcement officer (as described in subsection (a)) after the date of the enactment of this Act; and (B) any individual entitled to a survivor annuity (based on the service of an incumbent, or of an individual under subparagraph (A), who dies before making an election under subsection (c)(2)), to the extent of any rights that would then be available to the decedent (if still living). (h) Rule of Construction.--Nothing in this section shall be considered to apply in the case of a reemployed annuitant.

Law Enforcement Officers Equity Act - Amends the definition of the term "law enforcement officer" under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS) to include: (1) federal employees not otherwise covered by such term whose duties include the investigation or apprehension of suspected or convicted individuals and who are authorized to carry a firearm, and (2) such employees of the Internal Revenue Service (IRS) whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns. Requires such service that is performed by an incumbent law enforcement officer: (1) on or after enactment of this Act to be treated for all purposes other than retirement as service performed as a law enforcement officer; and (2) before, on, or after enactment of this Act to be treated for federal retirement purposes as service performed as such an officer only if an appropriate written election is submitted to the Office of Personnel Management (OPM) within five years after enactment of this Act or before separation from government service, whichever is earlier. Provides that nothing under current law respecting mandatory separation from government service under CSRS or FERS shall cause the involuntary separation of an officer before the end of the three-year period following enactment.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may cited as the ``Protecting and Preserving Social Security Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title and table of contents. TITLE I--COST-OF-LIVING INCREASES Sec. 101. Consumer Price Index for Elderly Consumers. Sec. 102. Computation of cost-of-living increases. TITLE II--CONTRIBUTION AND BENEFIT FAIRNESS Sec. 201. Determination of wages and self-employment income above contribution and benefit base after 2017. Sec. 202. Inclusion of surplus earnings in Social Security benefit formula. TITLE I--COST-OF-LIVING INCREASES SEC. 101. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who are 62 years of age or older. (b) Effective Date.--Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 102. COMPUTATION OF COST-OF-LIVING INCREASES. (a) In General.--Section 215(i)(1) of the Social Security Act (42 U.S.C. 415(i)(1)) is amended by adding at the end the following new subparagraph: ``(H) the term `Consumer Price Index' means the Consumer Price Index for Elderly Consumers (CPI-E, as published by the Bureau of Labor Statistics of the Department of Labor).''. (b) Application to Pre-1979 Law.-- (1) In general.--Section 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended by adding at the end the following new subparagraph: ``(D) the term `Consumer Price Index' means the Consumer Price Index for Elderly Consumers (CPI-E, as published by the Bureau of Labor Statistics of the Department of Labor).''. (2) Conforming amendment.--Section 215(i)(4) of the Social Security Act (42 U.S.C. 415(i)(4)) is amended by inserting ``and by section 102 of the Protecting and Preserving Social Security Act'' after ``1986''. (c) No Effect on Adjustments Under Other Laws.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended by adding at the end the following: ``(6) Any provision of law (other than in this title or title XVI) which provides for adjustment of an amount based on a change in benefit amounts resulting from a determination made under this subsection shall be applied and administered without regard to the amendments made by section 102 of the Protecting and Preserving Social Security Act.''. (d) No Effect on Eligibility for SSI and Medicaid.--Any increase to an individual's monthly benefit amount under title II of the Social Security Act as a result of the amendments made by this section shall not be regarded as income or resources for any subsequent month, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under the Supplemental Security Income program or the Medicaid program. (e) Effective Date.--The amendments made by this section shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. TITLE II--CONTRIBUTION AND BENEFIT FAIRNESS SEC. 201. DETERMINATION OF WAGES AND SELF-EMPLOYMENT INCOME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER 2017. (a) Determination of Wages Above Contribution and Benefit Base After 2017.-- (1) Amendments to the internal revenue code of 1986.-- Section 3121 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (a)(1), by inserting ``the applicable percentage (determined under subsection (c)(1)) of'' before ``that part of the remuneration''; and (B) in subsection (c), by striking ``(c) Included and Excluded Service.--For purposes of this chapter, if'' and inserting the following: ``(c) Special Rules for Wages and Employment.-- ``(1) Applicable percentage of remuneration in determining wages.--For purposes of paragraph (1) of subsection (a), the applicable percentage for a calendar year, in connection with any calendar year referred to in such subparagraph, shall be the percentage determined in accordance with the following table: The applicable ``In the case of: percentage is: Calendar year 2018................................. 86% Calendar year 2019................................. 71% Calendar year 2020................................. 57% Calendar year 2021................................. 43% Calendar year 2022................................. 29% Calendar year 2023................................. 14% Calendar years after 2023.......................... 0%. ``(2) Included and excluded service.--For purposes of this chapter, if''. (2) Amendments to the social security act.--Section 209 of the Social Security Act (42 U.S.C. 409) is amended-- (A) in subsection (a)(1)-- (i) in subparagraph (I)-- (I) by inserting ``and before 2018'' after ``1974''; and (II) by inserting ``and'' after the semicolon; and (ii) by adding at the end the following new subparagraph: ``(J) The applicable percentage (determined under subsection (l)) of that part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to the contribution and benefit base (determined under section 230) with respect to employment has been paid to an individual during any calendar year after 2017 with respect to which such contribution and benefit base is effective, is paid to such individual during such calendar year;''; and (B) by adding at the end the following new subsection: ``(l) For purposes of subparagraph (J) of subsection (a)(1), the applicable percentage for a calendar year, in connection with any calendar year referred to in such subparagraph, shall be the percentage determined in accordance with the following table: The applicable ``In the case of: percentage is: Calendar year 2018................................. 86% Calendar year 2019................................. 71% Calendar year 2020................................. 57% Calendar year 2021................................. 43% Calendar year 2022................................. 29% Calendar year 2023................................. 14% Calendar years after 2023.......................... 0%.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2017. (b) Determination of Self-Employment Income Above Contribution and Benefit Base After 2017.-- (1) Amendments to the internal revenue code of 1986.-- Section 1402 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (b)(1), by inserting ``an amount equal to the applicable percentage (as determined under subsection (d)(2)) of'' before ``that part of the net earnings from self-employment''; and (B) in subsection (d)-- (i) by striking ``(d) Employee and Wages.-- The term'' and inserting the following: ``(d) Rules and Definitions.-- ``(1) Employee and wages.--The term''; and (ii) by adding at the end the following: ``(2) Applicable percentage of net earnings from self- employment in determining self-employment income.--For purposes of paragraph (1) of subsection (b), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be the percentage determined in accordance with the following table: The applicable ``In the case of: percentage is: Calendar year 2018................................. 86% Calendar year 2019................................. 71% Calendar year 2020................................. 57% Calendar year 2021................................. 43% Calendar year 2022................................. 29% Calendar year 2023................................. 14% Calendar years after 2023.......................... 0%.''. (2) Amendments to the social security act.--Section 211 of the Social Security Act (42 U.S.C. 411) is amended-- (A) in subsection (b)-- (i) in paragraph (1)(I)-- (I) by striking ``or'' after the semicolon; and (II) by inserting ``and before 2018'' after ``1974''; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following new paragraph: ``(2) For any taxable year beginning in any calendar year after 2017, an amount equal to the applicable percentage (as determined under subsection (l)) of that part of net earnings from self-employment which is in excess of (A) an amount equal to the contribution and benefit base (determined under section 230) that is effective for such calendar year, minus (B) the amount of the wages paid to such individual during such taxable year; or''; and (B) by adding at the end the following: ``(l) For purposes of paragraph (2) of subsection (b), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph, shall be the percentage determined in accordance with the following table: The applicable ``In the case of: percentage is: Calendar year 2018................................. 86% Calendar year 2019................................. 71% Calendar year 2020................................. 57% Calendar year 2021................................. 43% Calendar year 2022................................. 29% Calendar year 2023................................. 14% Calendar years after 2023.......................... 0%.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2018. SEC. 202. INCLUSION OF SURPLUS EARNINGS IN SOCIAL SECURITY BENEFIT FORMULA. (a) Inclusion of Surplus Average Indexed Monthly Earnings in Determination of Primary Insurance Amounts.-- (1) In general.--Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended-- (A) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (B) in clause (ii), by striking ``and'' at the end; and (C) by inserting after clause (iii) the following new clauses: ``(iv) 3 percent of the individual's surplus average indexed monthly earnings to the extent such surplus average indexed monthly earnings do not exceed the excess of the amount established for purposes of this clause by subparagraph (B) over \1/12\ of the contribution and benefit base for the last of such individual's computation base years, and ``(v) 0.25 percent of the sum of the individual's surplus average indexed monthly earnings plus \1/12\ of the contribution and benefit base for the last of such individual's computation base years, to the extent such sum exceeds the amount established for purposes of clause (iv) by subparagraph (B).''. (2) Bend point for surplus earnings.--Section 215(a)(1)(B) of such Act (42 U.S.C. 415(a)(1)(B)) is amended-- (A) in clause (ii), by striking ``the amounts so established'' and inserting ``the amounts established for purposes of clauses (i) and (ii) of subparagraph (A)''; (B) by redesignating clause (iii) as clause (v); (C) in clause (v) (as redesignated), by inserting ``or (iv)'' after ``clause (ii)''; and (D) by inserting after clause (ii) the following new clauses: ``(iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in the calendar year 2018, the amount established for purposes of clause (iv) of subparagraph (A) shall be $10,958. ``(iv) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 2018, the amount established for purposes of clause (iv) of subparagraph (A) shall equal the product of the amount established with respect to the calendar year 2018 under clause (iii) of this subparagraph and the quotient obtained by dividing-- ``(I) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, by ``(II) the national average wage index (as so defined) for 2016.''. (b) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. 415(b)(1)) is amended-- (A) by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. (2) Surplus aime.-- (A) In general.--Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended-- (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting ``(A)'' after ``(b)(1)''; and (iii) by adding at the end the following new subparagraph: ``(B)(i) An individual's surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing-- ``(I) the total (after adjustment under paragraph (3)(B)) of such individual's surplus earnings (determined under clause (ii)) for such individual's benefit computation years (determined under paragraph (2)), by ``(II) the number of months in those years. ``(ii) For purposes of clause (i) and paragraph (3)(B), an individual's surplus earnings for a benefit computation year are the total of such individual's wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year.''. (B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. (3) Adjustment of surplus earnings for purposes of determining surplus aime.--Section 215(b)(3) of such Act (42 U.S.C. 415(b)(3)) is amended-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraph (C)'' and by inserting ``and determination of basic average indexed monthly income'' after ``paragraph (2)''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) For purposes of determining under paragraph (1)(B) an individual's surplus average indexed monthly earnings, the individual's surplus earnings (described in paragraph (2)(B)(ii)) for a benefit computation year shall be deemed to be equal to the product of-- ``(i) the individual's surplus earnings for such year (as determined without regard to this subparagraph), and ``(ii) the quotient described in subparagraph (A)(ii).''. (c) Effective Date.--The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2017.

Protecting and Preserving Social Security Act This bill revises the methodology for calculating Old Age, Survivors, and Disability Insurance (OASDI) benefits and phases out the cap on compensation subject to Social Security taxation. The bill directs the Bureau of Labor Statistics to prepare and publish a Consumer Price Index for Elderly Consumers (CPI-E) to track cost-of-living changes for individuals age 62 or older. Beginning in two years after the enactment of this bill, the CPI-E, instead of the Consumer Price Index for Urban Wage Earners and Clerical Workers, shall be used to calculate the cost-of-living adjustment for OASDI benefits. The bill also includes surplus earnings in the calculation of the primary insurance amount (i.e., the amount received by a beneficiary who elects to receive OASDI benefits at full retirement age). The bill phases out and, after 2023, eliminates the cap on compensation ($128,400 in 2018) subject to Social Security taxation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``13th Regional Corporation Land Entitlement Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that authorizing a land entitlement for the 13th Regional Corporation would provide an equitable land entitlement for that Corporation. (b) Purpose.--The purpose of this Act is to provide an equitable distribution of land for the shareholders of the 13th Regional Corporation. SEC. 3. LAND ENTITLEMENT. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following new section: ``SEC. 43. THE 13TH REGIONAL CORPORATION LAND ENTITLEMENT. ``(a) Entitlement.--Not later than 7 years after the date of the enactment of the 13th Regional Corporation Land Entitlement Act, the 13th Regional Corporation may select, subject to subsections (b) and (c), not more than 1,453,388 acres from public lands which were withdrawn by the Secretary for selection, or were otherwise available for selection, but which were not selected by, or if selected not conveyed to, the State of Alaska, another Regional Corporation, a Village Corporation, or a Group Corporation. Any withdrawal eligible for selection under this subsection which will expire prior to the end of the seven-year selection period for the 13th Regional Corporation shall be extended to the end of the selection period provided by this subsection. Prior to making each selection, the 13th Regional Corporation shall consult with and solicit the comments of the Regional Corporation for the geographical region within which the selection is located. ``(b) Approval.--No selection may be made within the geographical region of any Regional Corporation under subsection (a) without the prior written approval of such Regional Corporation. Approval may be withheld or conditioned in the reasonable judgment of the Regional Corporation, including without limitation because of interest by the Regional Corporation in pursuing a land exchange involving the lands to be selected, the potential for economic harm to the Regional Corporation, its shareholders or Village Corporations or Group Corporations within the geographical region, environmental considerations, impacts on subsistence activities, the presence of Native owned cabins or campsites on or near the lands to be selected, the need for access to or across the lands to be selected for transportation, pipelines or economic activities, or the availability of sand and gravel or other minerals or substances valuable for economic activity within the geographical region. Approval may not be conditioned upon the payment of economic consideration by the 13th Regional Corporation except to the extent of economic harm anticipated in the reasonable judgment of the Regional Corporation to the Regional Corporation, its shareholders or Village Corporations or Group Corporations within the geographical region. ``(c) Conveyances; Limitations; Restrictions.-- ``(1) Conveyances.--Subject to the limitations in paragraphs (2) and (3), the Secretary shall convey to the 13th Regional Corporation the surface and subsurface estate of no more than 1,162,710 acres of the lands selected pursuant to subsection (a). ``(2) Limitations on conveyances.-- ``(A) Previously selected lands.--The 13th Regional Corporation may select, but the Secretary shall not convey, any of the following unless the State of Alaska or any Regional Corporation, Village Corporation, or Group Corporation which made or has the right to make a selection has relinquished its selection or right to make its selection: ``(i) Lands validly selected by, but not yet conveyed to, the State of Alaska pursuant to the Alaska Statehood Act or any other provision of law. ``(ii) Lands validly selected by, but not yet conveyed to, another Regional Corporation, a Village Corporation, or a Group Corporation. ``(B) Conditions.--Any selections made by the 13th Regional Corporation that are subject to such valid selections shall be subordinate to those valid selections. Selections are valid if they are on file with the United States and have not been finally adjudicated or all appeal rights from any final adjudication have not lapsed or been exhausted, whether or not such selections are in compliance with all applicable standards, including without limitation time restrictions. Valid selections also include selections for land in excess of the amount of land to which the selecting entity may be entitled. ``(C) Other limitations.--The 13th Regional Corporation may not select, and the Secretary shall not convey the following: ``(i) Any land without the approval of any Native individual or Native owned or public entity that owns a partial interest in that land, which approval may be withheld with or without reason or cause. ``(ii) Any land that the State of Alaska, a Regional Corporation, a Village Corporation or a Group Corporation could select or acquire through the exercise of statutory or contractual rights of selection or acquisition, whether or not those rights have been exercised or are subject to discretionary actions by governmental entities, without the approval of the State of Alaska, Regional Corporation, Village Corporation or Group Corporation, which approval may be withheld with or without reason or cause. ``(iii) Any land within any area withdrawn for selection pursuant to sections 11 or 14 of this Act or otherwise withdrawn by the Secretary for selection if a Village Corporation or Regional Corporation has unexercised selection rights or rights to conveyance in that area without the approval of the Village Corporation and Regional Corporation, which approval may be withheld with or without reason or cause. ``(3) Restrictions.--Selected lands which are eligible for conveyance to the 13th Regional Corporation shall be conveyed subject to valid existing rights, in the same manner and subject to the same reservations and restrictions that are applicable to lands selected by and conveyed to other Regional Corporations pursuant to this Act. The lands conveyed to the 13th Regional Corporation shall, whenever practicable and consistent with safety considerations, remain available for subsistence uses. Additionally, until the lands conveyed to the 13th Regional Corporation are developed, as defined in section 907(d) of Public Law 96-487 (43 U.S.C. 1636(d)), they shall be managed under policies consistent with the land management policies applicable to any adjacent Native Corporation owned lands. ``(d) Reserved Lands.--The 13th Regional Corporation may not select, and the Secretary shall not convey, any of the following: ``(1) Lands within any conservation system unit as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.). ``(2) Acquired lands. ``(3) Lands immediately surrounding any building, permanent structure, or other development owned or controlled by the United States, another unit of government, or any person, including without limitation Native owned cabins or campsites on public lands with or without the permission of the public land owner. ``(4) Lands withdrawn or reserved for national defense purposes. ``(5) Lands within the National Petroleum Reserve, Alaska. ``(6) Lands within the Tongass and Chugach National Forests. ``(e) Right of First Refusal.--The 13th Regional Corporation shall not transfer all or any portion of lands or interests therein that it acquires pursuant to this section to a third party without first making a written offer to sell that same land or interest therein to the Regional Corporation for the geographical region within which the land or interest therein is located at the amount (or its cash equivalent) offered by the third party who desires to acquire the land or interest therein. The following terms shall govern such transfers and offers: ``(1) The offer shall be made to the Regional Corporation not less than 30 days before any proposed transfer of such land or interest therein and shall state the price and terms of the proposed sale, and the name and address of both the offerer and offeree. ``(2) Not later than 20 days after the receipt of the offer, the Regional Corporation may exercise an option to purchase all, but not less than all, of the land or interest therein that is to be transferred on the terms in the offer or their cash equivalent. ``(3) If the Regional Corporation does not purchase all of the land or interest therein to be transferred within the required time, then the 13th Regional Corporation may transfer all of the land or interest therein offered (but not a lesser or greater amount) to the third party specified in the offer, but not for a price less or on terms different from those originally made by the third party. Any land or interest therein not transferred by the 13th Regional Corporation to the specified third party not later than 60 days after making the offer to the Regional Corporation shall again become subject to the restrictions of this subsection as though it had never been offered. ``(4) For purposes of this subsection, `transfer' means the sale, transfer, or exchange of land or interests therein for consideration, but does not include an exchange for other land or an interest therein within the state of Alaska pursuant to section 22(f) of this Act or section 1302(h) of the Alaska National Interest Lands and Conservation Act, mineral or other leasing on commercially reasonable terms, or the pledge, encumbrance or grant of a security interest on commercially reasonable terms.''. SEC. 4. REVENUE SHARING. Section 7(i)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(i)) is amended to read as follows: ``(1)(A) Except as provided by subparagraph (B), 70 percent of all revenues received by each of the 12 Regional Corporations organized under subsection (a) from the timber and subsurface estate patented to it pursuant to this Act, and 15 percent of all revenues received by the 13th Regional Corporation organized under subsection (c) from the timber and subsurface estate patented to it pursuant to the 13th Regional Corporation Land Entitlement Act, shall be divided annually by the Regional Corporation among the 12 Regional Corporations organized pursuant to subsection (a) according to the number of Natives enrolled in each region pursuant to section 5 of this Act. An additional, 10 percent of such revenues received by the 13th Regional Corporation, shall be distributed to the Regional Corporation for the geographical region where the resources giving rise to such revenues are located. If the resources developed are on lands originally withdrawn for selection by a Village Corporation, then one-half of the 10 percent paid to the local Regional Corporation shall be distributed by that corporation to the Village Corporation. Revenues distributed by or received from the 13th Regional Corporation are not subject to the requirements of subsections (j), (k), (l), (m), and (n) of this section. ``(B) The Regional Corporations, including the 13th Regional Corporation shall determine the revenues required to be distributed pursuant to this subsection in accordance with the section 7(i) Settlement Agreement by and between the 12 Regional Corporations created pursuant to subsection (a), as previously or hereafter amended, and shall be bound by the provisions of that Agreement with respect to the revenues they distribute. The 13th Regional Corporation shall be bound by any amendment to the section 7(i) Settlement Agreement unless the amendment is not of general applicability to the other Regional Corporations. Nothing in this section shall be construed to grant the 13th Regional Corporation any rights with respect to any revenues distributed by the 12 Regional Corporations pursuant to section 7(i), or to grant the 13th Regional Corporation the right or power to approve any amendment to the section 7(i) Settlement Agreement.''.

13th Regional Corporation Land Entitlement Act - Amends the Alaska Native Claims Settlement Act to provide land selection rights to the 13th Regional Corporation. Revises requirements for timber and subsurface estate revenue sharing among the Regional Corporations of Alaska.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Nevada Native Nations Land Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I--ELKO MOTOCROSS LAND CONVEYANCE Sec. 101. Definitions. Sec. 102. Conveyance of land to county. TITLE II--CONVEYANCE OF LAND TO INDIAN TRIBES Sec. 201. Conveyance of land to be held in trust for certain Indian tribes. Sec. 202. Administration. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of the Interior. TITLE I--ELKO MOTOCROSS LAND CONVEYANCE SEC. 101. DEFINITIONS. In this title: (1) City.--The term ``city'' means the city of Elko, Nevada. (2) County.--The term ``county'' means the county of Elko, Nevada. (3) Map.--The term ``map'' means the map entitled ``Elko Motocross Park'' and dated January 9, 2010. SEC. 102. CONVEYANCE OF LAND TO COUNTY. (a) In General.--As soon as practicable after the date of enactment of this Act, subject to valid existing rights and such terms and conditions as the Secretary determines to be necessary and after agreement from the county, the Secretary shall convey to the county, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of Land.--The land referred to in subsection (a) consists of approximately 275 acres of land managed by the Bureau of Land Management, Elko District, Nevada, as generally depicted on the map as ``Elko Motocross Park''. (c) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) Minor errors.--The Secretary may correct any minor error in-- (A) the map; or (B) the legal description. (3) Availability.--The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of Conveyed Land.--The land conveyed under this section shall be used only as a motocross, bicycle, off-highway vehicle, or stock car racing area, or for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.). (e) Administrative Costs.--The Secretary shall require the county to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Reversion.--If the land conveyed under this section ceases to be used for a public purpose in accordance with subsection (d), the land shall, at the discretion of the Secretary, revert to the United States. TITLE II--CONVEYANCE OF LAND TO INDIAN TRIBES SEC. 201. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR CERTAIN INDIAN TRIBES. (a) Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band).-- (1) Definition of map.--In this subsection, the term ``map'' means the map entitled ``Te-moak Tribal Land Expansion'', dated September 30, 2008, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band); and (B) shall be part of the reservation of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band). (3) Description of land.--The land referred to in paragraph (2) is the approximately 373 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``Lands to be Held in Trust''. (b) Conveyance of Land to Be Held in Trust for the Fort McDermitt Paiute and Shoshone Tribe.-- (1) Definition of map.--In this subsection, the term ``map'' means the map entitled ``Fort McDermitt Indian Reservation Expansion Act'', dated February 21, 2013, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Fort McDermitt Paiute and Shoshone Tribe; and (B) shall be part of the reservation of the Fort McDermitt Paiute and Shoshone Tribe. (3) Description of land.--The land referred to in paragraph (2) is the approximately 19,094 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``Reservation Expansion Lands''. (c) Conveyance of Land to Be Held in Trust for the Shoshone Paiute Tribes.-- (1) Definition of map.--In this subsection, the term ``map'' means the map entitled ``Mountain City Administrative Site Proposed Acquisition'', dated July 29, 2013, and on file and available for public inspection in the appropriate offices of the Forest Service. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation; and (B) shall be part of the reservation of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation. (3) Description of land.--The land referred to in paragraph (2) is the approximately 82 acres of land administered by the Forest Service as generally depicted on the map as ``Proposed Acquisition Site''. (d) Transfer of Land to Be Held in Trust for the Summit Lake Paiute Tribe.-- (1) Definition of map.--In this section, the term ``map'' means the map entitled ``Summit Lake Indian Reservation Conveyance'', dated February 28, 2013, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Summit Lake Paiute Tribe; and (B) shall be part of the reservation of the Summit Lake Paiute Tribe. (3) Description of land.--The land referred to in paragraph (2) is the approximately 941 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``Reservation Conveyance Lands''. (e) Transfer of Land to Be Held in Trust for the Reno-Sparks Indian Colony Land.-- (1) Definition of map.--In this subsection, the term ``map'' means the map entitled ``Reno-Sparks Indian Colony Expansion'', dated June 11, 2014, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Reno-Sparks Indian Colony; and (B) shall be part of the reservation of the Reno- Sparks Indian Colony. (3) Description of land.--The land referred to in paragraph (2) is the approximately 13,434 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``RSIC Amended Boundary''. (f) Transfer of Land to Be Held in Trust for the Pyramid Lake Paiute Tribe.-- (1) Map.--In this subsection, the term ``map'' means the map entitled ``Pyramid Lake Indian Reservation Expansion'', dated July 26, 2014, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (1)-- (A) is held in trust by the United States for the benefit of the Pyramid Lake Paiute Tribe; and (B) shall be part of the reservation of the Pyramid Lake Paiute Tribe. (3) Description of land.--The land referred to in paragraph (2) is the approximately 11,719 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``Reservation Expansion Lands''. SEC. 202. ADMINISTRATION. (a) Survey.--Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust for each Indian tribe under section 201. (b) Use of Trust Land.-- (1) Gaming.--Land taken into trust under section 201 shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). (2) Thinning; landscape restoration.--With respect to the land taken into trust under section 201, the Secretary, in consultation and coordination with the applicable Indian tribe, may carry out any fuel reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Indian tribe and the Bureau of Land Management. Passed the House of Representatives December 1, 2014. Attest: KAREN L. HAAS, Clerk.

Nevada Native Nations Land Act - Title I: Elko Motocross Land Conveyance - (Sec. 102) Directs the Department of the Interior to convey to Elko County, Nevada, without consideration, approximately 275 acres of land managed by the Bureau of Land Management (BLM), Elko District, Nevada, for use as a motocross, bicycle, off-highway vehicle, or stock car racing area or for other public purpose consistent with the Recreation and Public Purposes Act. Reverts the conveyed land to the United States if it ceases being used for a public purpose. Title II: Conveyance of Land To Indian Tribes - (Sec. 201) Declares that the United States holds approximately 373 acres of BLM administered land in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada. Makes such land part of the Tribe's reservation. Declares further that the United States holds approximately 19,094 acres of BLM-administered land in trust for the Fort McDermitt Paiute and Shoshone Tribe. Makes such land part of that Tribe's reservation. Declares that the United States also holds in trust the following lands: for the Shoshone Paiute Tribes, approximately 82 acres of land administered by the Forest Service depicted as the "Proposed Acquisition Site" on a Mountain City Administrative Site Proposed Acquisition map; for the Summit Lake Paiute Tribe, approximately 941 acres of BLM-administered land depicted as "Reservation Conveyance Lands" on a Summit Lake Indian Reservation Conveyance map; for the Reno-Sparks Indian Colony, approximately 13,434 acres of BLM-administered land depicted as "RSIC Amended Boundary" on a Reno-Sparks Indian Colony Expansion map; and for the Pyramid Lake Paiute Tribe, approximately 11,719 acres of BLM-administered land depicted as "Reservation Expansion Lands " on a Pyramid Lake Indian Reservation Expansion map. (Sec. 202) Prohibits certain gaming on the lands taken into trust under this Act. Authorizes the Secretary of the Interior, with respect to such lands, to carry out any fuel reduction and other landscape restoration activities on the land, including restoration of sage grouse habitat, beneficial to the Indian tribe and the BLM.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Durable Medical Equipment Access Act of 2007''. SEC. 2. BENEFICIARY PROTECTIONS. (a) Application of Quality Standards.--Section 1847(b)(2)(B) of the Social Security Act (42 U.S.C. 1395w-3(b)(2)(B)) is amended to read as follows: ``(B) Application of quality standards and receipt of advice from oversight committee.--The Secretary may not award any contracts under the competitive acquisition program under this section unless-- ``(i) the quality standards have been implemented under section 1834(a)(20); and ``(ii) the Secretary has received advice from the program oversight committee established under subsection (c).''. (b) Requiring Use of Exemptions.--Section 1847(a)(3) of such Act (42 U.S.C. 1395w-3(a)(3)) is amended by striking ``may exempt'' and inserting ``shall exempt''. (c) Exemption of Smaller MSAs.--Section 1847(a)(3)(A) of such Act (42 U.S.C. 1395w-3(a)(3)(A)) is amended by inserting ``(including any metropolitan statistical area with a population of less than 500,000)'' after ``rural areas''. (d) Application of Federal Advisory Committee Act (FACA) to Program Advisory and Oversight Committee (PAOC).--Section 1847(c)(4) of such Act (42 U.S.C. 1395w-3(c)(4)) is amended to read as follows: ``(4) Applicability of faca.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee.''. (e) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 3. SMALL SUPPLIER PROTECTIONS. (a) Qualified Supplier Participation.--Section 1847(b) of the Social Security Act (42 U.S.C. 1395w-3(b)) is amended-- (1) in paragraph (4)(A), by striking ``The Secretary may limit'' and inserting ``Subject to paragraph (6)(D), the Secretary may limit''; and (2) in paragraph (6)(D), by adding at the end the following: ``Such appropriate steps shall include permitting all suppliers to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable to the items and they otherwise comply with applicable program requirements.''. (b) Restoration of Due Process.--Section 1847(b)(10) of such Act (42 U.S.C. 1395w-3(b)(10)) is amended-- (1) by striking ``No administrative or judicial review'' and inserting ``Restoration of appeal rights''; and (2) by striking ``There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of'' and inserting ``Administrative and judicial review shall only be available under section 1869 (and not otherwise) of''. (c) Application of Requirement for Significant Savings.--Section 1847(a) of such Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (3)(B), by inserting ``of at least 10 percent'' after ``significant savings''; and (2) in paragraph (1), by adding at the end the following new subparagraph: ``(D) Requirement for significant savings.--The Secretary shall not implement a program under this section with respect to an item or service unless the Secretary demonstrates a probability of achieving significant savings of at least 10 percent, compared to the fee schedule in effect on January 1, 2007, by including the item or service in the program.''. (d) Comparability Analysis.--Section 1834(a)(1) of such Act (42 U.S.C. 1395m(a)(1)) is amended-- (1) in subparagraph (F), by inserting ``subject to subparagraph (G),'' after ``2009,''; and (2) by adding at the end the following new subparagraphs: ``(G) Requirement for comparability analysis before implementation.--The Secretary may not implement subparagraph (F) with respect to the application of rates in an area that is not a competitive acquisition area under section 1847 unless the Secretary has completed and published in the Federal Register a comparability analysis to ensure the application is appropriate. The comparability analysis shall include at least an analysis of the relative costs of providing the particular items and services in the respective metropolitan statistical areas and an assessment of whether application of the bid rate in an area that is not a competitive acquisition area would adversely impact beneficiary access to quality items and services. ``(H) Application of comparability analysis requirement to certain other part b items and services.--Subparagraph (G) shall also apply to the implementation of section 1847(a) with respect to items described in paragraph (2)(B) or (2)(C) of such section that are furnished on or after January 1, 2009.''. (e) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 4. REPORT ON QUALITY AND ACCESS IMPACT OF IMPLEMENTATION AT 10 INITIAL COMPETITIVE ACQUISITION AREAS. (a) Analysis and Report.--After the Secretary of Health and Human Services has fully implemented the initial 10 competitive acquisition areas under section 1847 of the Social Security Act, the Secretary shall conduct a complete analysis of the impact of competitive bidding in those areas, including its impact on beneficiary access to quality products and its impact on providers of items and services covered under competition and shall submit a report to Congress on such analysis. (b) Moratorium on Further Implementation Until Congressional Action.-- (1) In general.--Notwithstanding any other provision of law, the Secretary shall not expand the coverage of competitive acquisition programs under section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)), or apply bid rates to non- bid areas under such section, beyond the 10 competitive acquisition areas identified under paragraph (1)(B)(i)(I) of such section as of the date of the enactment of this Act, unless specifically authorized by Congress after such date. (2) Conforming reference.--Section 1847(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-3(a)(1)(B)) is amended, in the matter before clause (i), by striking ``The programs'' and inserting ``Subject to section 4(b)(1) of the Medicare Durable Medical Equipment Access Act of 2007, the programs''.

Medicare Durable Medical Equipment Access Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from awarding any contracts under the competitive durable medical equipment items and services acquisition program unless: (1) the quality standards have been implemented; and (2) the Secretary has received advice from the program oversight committee. Requires the Secretary (who currently is authorized), in carrying out competitive acquisition programs, to exempt: (1) rural areas and areas with low population density within urban areas that are not competitive, unless there is a significant national market through mail order for a particular item or service; and (2) items and services for which the application of competitive acquisition is not likely to result in significant savings. Exempts smaller metropolitan statistical areas as well. Modifies requirements for the protection of small suppliers in bidding and contracting. Requires the Secretary to permit all suppliers to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable and otherwise comply with program requirements. Provides for appeal rights (currently denied). Requires the Secretary to exempt from competitive acquisition requirements items and services for which the application of competitive acquisition is not likely to result in significant savings of at least 10%. Prohibits the Secretary from implementing a program with respect to an item or service unless inclusion of the item or service will make significant savings of at least 10% probable, compared to the fee schedule in effect on January 1, 2007. Prohibits the Secretary from implementing certain payment rate basis requirements for covered items furnished after January 1, 2009, with respect to an area that is not a competitive acquisition area, unless a comparability analysis has been completed and published. Directs the Secretary, after fully implementing the initial 10 competitive acquisition areas, to analyze and report to Congress on the impact of competitive bidding in those areas. Prohibits expanding the coverage of competitive acquisition programs, or applying bid rates to non-bid areas, beyond the 10 competitive acquisition areas, unless specifically authorized by Congress.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Connect America Now Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The deployment and adoption of broadband services and information technology has resulted in enhanced economic development and public safety for communities across the Nation, improved health care and educational opportunities, and a better quality of life for all Americans. (2) Continued progress in the deployment and adoption of broadband services is vital to ensuring that our Nation remains competitive and continues to create business and job growth. (3) The Federal Government should also recognize and encourage complementary State efforts to improve the quality and usefulness of data about broadband service and its deployment and should encourage and support the partnership of the public and private sectors in the continued growth of broadband services and information technology for the residents and businesses of the Nation. SEC. 3. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND. (a) Purposes.--The purposes of any grant under subsection (b) are-- (1) to ensure that all citizens and businesses in a State have access to affordable, reliable broadband service; (2) to achieve improved technology literacy, increased computer ownership, and home broadband use among such citizens and businesses; (3) to establish and empower local grassroots technology teams in each State to plan for improved technology use across multiple community sectors; and (4) to establish and sustain an environment ripe for broadband services and information technology investment. (b) Establishment of State Broadband Data and Development Grant Program.-- (1) In general.--The Secretary of Commerce shall award grants, taking into account the results of the peer review process under subsection (d), to entities for the development, implementation and support of statewide initiatives to identify and track the availability and adoption of broadband services within each State. (2) Competitive basis.--Any grant under this subsection shall be awarded on a competitive basis. (c) Eligibility.--To be eligible to receive a grant under subsection (b), an eligible entity shall-- (1) submit an application to the Secretary of Commerce, at such time, in such manner, and containing such information as the Secretary may require; and (2) contribute matching non-Federal funds in an amount equal to not less than 20 percent of the total amount of the grant. (d) Peer Review.-- (1) In general.--The Secretary shall by regulation require appropriate technical and scientific peer review of applications made for grants under this section. (2) Review procedures.--The regulations required under paragraph (1) shall require that any technical and scientific peer review group-- (A) be provided a written description of the grant to be reviewed; (B) provide the results of any review by such group to the Secretary of Commerce; and (C) certify that such group will enter into voluntary nondisclosure agreements as necessary to prevent the unauthorized disclosure of confidential and propriety information provided by broadband service providers in connection with projects funded by any such grant. (e) Use of Funds.--A grant awarded to an eligible entity under subsection (b) shall be used to the maximum extent possible-- (1) to provide a baseline assessment of broadband service deployment in each State; (2) to identify and track-- (A) areas in each State that have low levels of broadband service deployment; (B) the rate at which residential and business adopt broadband service and other related information technology services; and (C) possible suppliers of such services; (3) to identify barriers to the adoption by individuals and businesses of broadband service and related information technology services, including whether or not-- (A) the demand for such services is absent; and (B) the supply for such services is capable of meeting the demand for such services; (4) to create and facilitate, in each county or designated region in a State, a local technology planning team-- (A) with members representing a cross section of the community, including representatives of business, telecommunications labor organizations, elementary and secondary education, health care, libraries, higher education, community-based organizations, local government, tourism, parks and recreation, and agriculture; and (B) which shall-- (i) measure, against relevant benchmarks, technology use across relevant community sectors; (ii) set goals for improved technology use within each sector; and (iii) develop a tactical business plan for achieving its goals, with specific recommendations for online application development and demand creation; (5) to work collaboratively with broadband service providers and information technology companies to encourage deployment and use, especially in unserved and underserved areas, through the use of local demand aggregation, mapping analysis, and the creation of market intelligence to improve the business case for providers to deploy; (6) to establish programs to improve computer ownership and Internet access for unserved and underserved populations; (7) to collect and analyze detailed market data concerning the use and demand for broadband service and related information technology services; (8) to facilitate information exchange regarding the use and demand for broadband services between public and private sectors; and (9) to create within each State a geographic inventory map of broadband service, which shall-- (A) identify gaps in such service through a method of geographic information system mapping of service availability at the census block level; and (B) provide a baseline assessment of statewide broadband deployment in terms of households with high- speed availability. (f) Participation Limit.--For each State, an eligible entity may not receive a new grant under this section to fund the activities described in subsection (d) within such State if such organization obtained prior grant awards under this section to fund the same activities in that State in each of the previous 4 consecutive years. (g) Report.--Each recipient of a grant under subsection (b) shall submit a report on the use of the funds provided by the grant to the Secretary of Commerce. (h) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a nonprofit organization or public sector entity that is selected by a State to work in partnership with State agencies and private sector partners in identifying and tracking the availability and adoption of broadband services within each State. (2) Nonprofit organization.--The term ``nonprofit organization'' means an organization-- (A) described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (B) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; (C) that has an established competency and proven record of working with public and private sectors to accomplish widescale deployment and adoption of broadband services and information technology; and (D) the board of directors of which is not composed of a majority of individuals who are also employed by, or otherwise associated with, any Federal, State, or local government or any Federal, State, or local agency. (3) Broadband service.--The term ``broadband service'' means any service that connects to the public Internet and that provides a data transmission-rate equivalent to at least 200 kilobits per second, or any successor transmission-rate established by the Federal Communications Commission, in at least 1 direction. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2008 through 2012. (j) No Regulatory Authority.--Nothing in this Act shall be construed as giving any public or private entity established or affected by this Act any additional regulatory jurisdiction or oversight authority over providers of broadband services or information technology.

Connect America Now Act - Provides for grants to develop, implement, and support statewide initiatives to identify and track the availability and adoption of broadband services within each state.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prematurity Research Expansion and Education for Mothers who deliver Infants Early Reauthorization Act'' or the ``PREEMIE Reauthorization Act''. SEC. 2. PURPOSES. It is the purpose of this Act to-- (1) help reduce preterm birth, associated disabilities of preterm birth, and deaths of babies born preterm; (2) expand research into the causes of preterm birth; and (3) promote the development, availability, and use of evidence-based practices of care for pregnant women at risk of preterm labor or other serious pregnancy-related complications and for infants born preterm. SEC. 3. RESEARCH AND ACTIVITIES AT THE NATIONAL INSTITUTES OF HEALTH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. EXPANSION AND COORDINATION OF RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND INFANT MORTALITY. ``(a) In General.--The Secretary, acting through the Director of NIH, shall, subject to the availability of appropriations, expand, intensify, and coordinate the activities of the National Institutes of Health with respect to research on the causes of preterm labor and delivery, tools to detect, prevent, or reduce prevalence of preterm labor and delivery, and the care and treatment of preterm infants. ``(b) Authorization of Clinical Research Networks.--There shall be established within the National Institutes of Health a multi-center clinical program (that shall be initially established utilizing existing networks) designed to-- ``(1) investigate problems in clinical obstetrics, particularly those related to prevention of low birth weight, prematurity, and medical problems of pregnancy; ``(2) improve the care and outcomes of neonates, especially very-low-birth weight infants; and ``(3) enhance the understanding of DNA and proteins as they relate to the underlying processes that lead to preterm birth to aid in formulating more effective interventions to prevent preterm birth. ``(c) Trans-Disciplinary Centers for Preterm Birth Research.-- ``(1) In general.--The Director of NIH shall, subject to appropriations made available to carry out this subsection, award grants and contracts to public and nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for trans-disciplinary research centers for prematurity. Research supported under this subsection shall integrate clinical, public health, basic, and behavioral and social science disciplines together with bioinformatics, engineering, mathematical, and computer sciences to address the causes of preterm labor and delivery collaboratively. ``(2) Eligibility.--To be eligible to receive a grant or contract under paragraph (1), an entity shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require, including, if appropriate, an assurance that the entity will coordinate with clinical research networks authorized in subsection (b). ``(3) Report.--The Director of NIH shall include in the report under section 402A(c) information on the activities of the trans-disciplinary research centers for prematurity under this subsection. ``(d) National Educational Campaign.-- ``(1) Establishment.--The Secretary, acting through the Surgeon General of the Public Health Service and in consultation with the Director of the Eunice Kennedy Shriver National Institute on Child Health and Human Development, shall establish and implement a national science-based provider and consumer education campaign on promoting healthy pregnancies and preventing preterm birth. ``(2) Targeting.--The campaign established under paragraph (1) shall target women of childbearing age, high risk populations, ethnic and minority groups, individuals with a low socioeconomic status, obstetricians and gynecologists, nurse practitioners, certified nurse-midwives, certified midwives, and other health care providers.''. SEC. 4. RESEARCH AND ACTIVITIES AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) Epidemiological Studies.--Section 3 of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act (42 U.S.C. 247b-4f) is amended by striking subsection (b) and inserting the following: ``(b) Studies and Activities on Preterm Birth.-- ``(1) In general.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall, subject to the availability of appropriations-- ``(A) conduct ongoing epidemiological studies on the clinical, biological, social, environmental, genetic, and behavioral factors relating to prematurity; ``(B) conduct activities to improve national data to facilitate tracking the burden of preterm birth; ``(C) develop, implement, and evaluate novel methods for prevention to better understand the growing problem of late preterm birth; ``(D) conduct etiologic and epidemiologic studies of preterm birth; ``(E) expand research on racial and ethnic disparities as they relate to preterm birth; and ``(F) conduct ongoing epidemiological studies on the effectiveness of community based interventions. ``(2) Report.--Not later than 2 years after the date of enactment of the PREEMIE Reauthorization Act, and every 2 years thereafter, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall submit to the appropriate committees of Congress reports concerning the progress and any results of studies conducted under paragraph (1).''. (b) Reauthorization.--Section 3(e) of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act (42 U.S.C. 247b-4f(e)) is amended by striking ``2011'' and inserting ``2016''. SEC. 5. RESEARCH AND ACTIVITIES AT THE HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) Telemedicine Demonstration Project on High Risk Pregnancies.-- Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by redesignating subsections (q) through (s) as subsections (r) through (t), respectively; (2) by inserting after subsection (p), the following: ``(q) Telemedicine Demonstration Project on High Risk Pregnancies.-- ``(1) In general.--The Director shall award grants under this section to eligible entities to establish demonstration projects for-- ``(A) the provision of preconception, antepartum, intrapartum, and obstetric services to high risk women of child bearing age remotely by obstetricians and gynecologists, nurse practitioners, certified nurse- midwives, certified midwives, or other health care providers using telehealth; and ``(B) for the conduct of educational activities regarding risk factors for preterm birth. ``(2) Eligibility.--To be eligible to receive a grant under paragraph (1), an entity shall submit an application to the Director at such time, in such manner, and containing such information as the Director my require.''; and (3) in subsection (t) (as so redesignated)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(3) for grants under subsection (q), $1,000,000 for each of fiscal years 2012 through 2016.''. (b) Public and Health Care Provider Education.--Section 399Q of the Public Health Service Act (42 U.S.C. 280g-5) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking subparagraphs (A) through (F) and inserting the following: ``(A) the core risk factors for preterm labor; ``(B) medically indicated deliveries before 39 weeks; ``(C) outcomes for infants born before 39 weeks; ``(D) risk factors for preterm delivery; ``(E) the importance of preconception and prenatal care; ``(F) smoking cessation, hypertension, and weight maintenance; ``(G) treatments and outcomes for babies born premature; ``(H) the informational needs of families during the stay of an infant in a neonatal intensive care unit; ``(I) preventable birth injuries if evidence-based strategies had been utilized; ``(J) depression; and ``(K) the use of progesterone;''; and (B) by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (2) by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Pilot Program.-- ``(1) In general.--The Secretary, acting through the Administrator of the Health Resources and Services Administration and the heads of other appropriate agencies, shall conduct (and report on) research studies and demonstration projects that test maternity care models that are designed to reduce the rate of preterm birth. ``(2) Grants.--The Secretary may carry out this subsection through the awarding of grants to eligible entities. ``(3) Eligibility.--To be eligible to receive a grant under this section an entity shall-- ``(A) be-- ``(i) a hospital or hospital systems that utilizes evidence-based best practices; or ``(ii) a public or private nonprofit entity; and ``(B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(4) Targeting.--In awarding grants under this subsection, the Secretary shall give priority to projects in geographic areas with a demonstrated persistent high rate of preterm birth based on data from the National Center on Health Statistics.''; and (3) in subsection (d), as redesignated by paragraph (2), by striking ``2011'' and inserting ``2016''. SEC. 6. OTHER ACTIVITIES. (a) Advisory Committee on Infant Mortality.-- (1) Establishment.--The Secretary shall establish an advisory committee known as the ``Advisory Committee on Infant Mortality'' (referred to in this section as the ``Advisory Committee''). (2) Duties.--The Advisory Committee shall provide advice and recommendations to the Secretary concerning the following activities: (A) Programs of the Department of Health and Human Services that are directed at reducing infant mortality and improving the health status of pregnant women and infants. (B) Factors affecting the continuum of care with respect to maternal and child health care, including outcomes following childbirth and specifically preterm birth. (C) Strategies to coordinate the various Federal, State, local, and private programs and efforts that are designed to deal with the health and social problems impacting infant mortality. (D) Implementation of the Healthy Start program under section 330H of the Public Health Service Act (42 U.S.C. 254c-8) and Healthy People 2020 infant mortality objectives. (E) Strategies to promote the collection of improved linked maternal and infant perinatal data. (F) Strategies to reduce preterm birth rates through research, programs, and education. (3) Plan for hhs preterm birth activities.--Not later than 1 year after the date of enactment of this section, the Advisory Committee shall develop a plan for conducting and supporting research education and programs on preterm birth through the Department of Health and Human Services and shall periodically review and revise the plan. The plan shall-- (A) provide for a broad range of research and educational activities relating to biomedical, epidemiological, psychosocial, translational, and clinical activities, including studies on racial and ethnic disparities in preterm birth rates; (B) identify priorities among the programs and activities of the Department of Health and Human Services regarding preterm birth; and (C) reflect input from a broad range of scientists, patients, and advocacy groups. (4) Membership.--The Secretary shall ensure that the membership of the Advisory Committee includes the following: (A) Representatives provided for in the original charter of the Advisory Committee. (B) A representative of the National Center for Health Statistics. (b) Patient Safety Study and Report.-- (1) In general.--The Secretary shall designate an appropriate agency within the Department of Health and Human Services to conduct a study on hospital readmissions of preterm infants. Findings and recommendations resulting from such study shall be based on data collected to address the following questions and such other related questions which the Secretary and such designated agency deem important: (A) By State and by health care system, what is the number and rate of inpatient readmission for infants born preterm? (B) What are the leading diagnoses at the time of inpatient readmission for preterm infants? (C) What is the average cost of treatment for preterm infant readmissions by diagnosis, by health care system, and by State? (D) What percentage of readmissions are preventable if evidence-based strategies had been utilized? (E) What percentage of treatment cost is attributable to preventable readmissions? (F) What is the source of health insurance coverage for preterm infants who are readmitted, such as through publicly funded programs (including the Medicaid program under title XIX of the Social Security Act and the Children's Health Insurance Program under title XXI of such Act), private health insurance, and self payments of uninsured individuals? (G) What evidence-based interventions are effective in preventing readmission of preterm infants, including measuring and reporting on quality of care and outcomes? (2) Report to secretary and congress.--Not later than 1 year after the date of the enactment of this Act, the agency designated under paragraph (1) shall submit to the Secretary and to Congress a report containing the findings and recommendations resulting from the study conducted under such subparagraph, including recommendations for hospital discharge and follow-up procedures designed to reduce rates of preventable hospital readmissions for preterm infants. (3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, $1,000,000 for fiscal year 2012.

Prematurity Research Expansion and Education for Mothers who deliver Infants Early Reauthorization Act or the PREEMIE Reauthorization Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the National Institutes of Health (NIH), to expand, intensify, and coordinate NIH activities with respect to research on the causes of preterm labor and delivery, tools to detect, prevent, or reduce prevalence of preterm labor and delivery, and the care and treatment of preterm infants. Establishes within NIH a multicenter clinical program to investigate problems in clinical obstetrics, improve the care and outcomes of neonates, and enhance the understanding of DNA and proteins as they relate to the underlying processes that lead to preterm birth. Requires the Director to award grants for planning, establishing, improving, and providing basic operating support for transdisciplinary research centers for prematurity. Requires the Secretary, acting through the Surgeon General, to establish and implement a national science-based provider and consumer education campaign on promoting healthy pregnancies and preventing preterm birth. Reauthorizes provisions related to research on prematurity and preterm births and sets forth specific areas for such research. Requires the Director of the Office for the Advancement of Telehealth to award grants to establish demonstration projects for: (1) obstetrical services for high risk women of child bearing age remotely using telehealth; and (2) educational activities regarding risk factors for preterm birth. Expands a demonstration project to inform health care providers and the public and improve treatment and outcome for babies born preterm. Requires the Secretary to establish the Advisory Committee on Infant Mortality. Requires a study on hospital readmissions of preterm births.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowners' Emergency Mortgage Assistance Act''. SEC. 2. MORTGAGE EMERGENCY ASSISTANCE PROGRAM. (a) In General.--The Secretary shall establish a program to make payments on a mortgage insured under the National Housing Act for a 1- to 4-family residence when-- (1) the mortgagee has given the mortgagor notice in accordance with section 3(b) that it intends to foreclose the mortgage; (2) at least 2 full monthly installments due on the mortgage are unpaid after the application of any partial payments that may have been accepted but not yet applied to the mortgage account; (3) the mortgagor is suffering financial hardship due to circumstances beyond the control of the mortgagor which render the mortgagor unable to correct the delinquency on the mortgage and unable to make full mortgage payments before the expiration of the 60-day period beginning on the date that notice was sent to the mortgagor in accordance with section 3(b); (4) there is a reasonable prospect that the mortgagor will be able to resume full mortgage payments not later than 36 months after the beginning of the period for which assistance payments are provided and to pay the mortgage in full by its maturity date or by a later date agreed upon by the mortgagee; (5) the property mortgaged is the mortgagor's principal place of residence; (6) the mortgagor does not own other property which is subject to a mortgage insured or held by the Secretary; (7) the mortgagor has applied to the Secretary for assistance in accordance with section 4; and (8) the mortgagor has not been more than 60 days in arrears on a residential mortgage within the 2-year period preceding the delinquency for which assistance is requested, unless the mortgagor can demonstrate that the prior delinquency was the result of financial hardship due to circumstances beyond the control of the mortgagor. (b) Effect of Finding of Ineligibility.--If, after reviewing an application for assistance submitted in accordance with section 4, the Secretary determines that the mortgagor has not met the conditions of eligibility described in subsection (a), the mortgagor shall be prohibited from reapplying for assistance under this Act until the expiration of the 6-month period beginning on the date of such determination unless there is a material change in the financial circumstances of the mortgagor. (c) Determination Relating to Financial Hardship.--In determining whether a financial hardship (which may be caused by a reduction in income or an increase in expenses, or both) is due to circumstances beyond the control of a mortgagor, the Secretary may consider information regarding the mortgagor's employment record, credit history, and current income. Such circumstances shall include, but not be limited to-- (1) loss of job of a member of the household; (2) salary, wage or earnings reduction of a member of the household; (3) injury, disability or illness of a member of the household; (4) divorce or separation in the household; or (5) death of a member of the household. (d) Housing Counseling Agencies.--The Secretary shall designate and approve nonprofit housing counseling agencies in each State to be available to assist the Secretary in implementing the program established pursuant to subsection (a) of this section and to section 4(b)(1)(A). Nonprofit housing agencies designated and approved under this subsection shall provide assistance to an eligible mortgagor during the entire period that such mortgagor receives assistance under this Act. SEC. 3. LEGAL ACTION. (a) Conditions Under Which Legal Action Is Prohibited.--Except as otherwise provided in the Act, a mortgagee of a mortgage which is insured under the National Housing Act for a 1- to 4-family residence may not accelerate the maturity of or commence any legal action regarding such a mortgage (including, but not limited to, mortgage foreclosure to recover under such obligation) or take possession of any security of the mortgagor for such mortgage obligation unless the mortgagee has sent to the mortgagor notice pursuant to subsection (b). In addition, the mortgagee may not take such action-- (1) before the expiration of the 30-day period beginning on the date that notice of the intent to take such action was sent to the mortgagor in accordance with subsection (b); (2) before the expiration of the 30-day period beginning on the date of the initial meeting between the mortgagor and an approved counseling agency held in accordance with section 4(a); (3) if an application for such assistance under this Act has been submitted to the Secretary on behalf of the mortgagor and such application-- (A) is pending; or (B) has been approved but payments have not yet been made toward the mortgage; or (4) if payment toward the mortgage is being made under this Act. (b) Requirements of Notice.--The Secretary shall issue regulations that include, but are not limited to, a uniform notice under this section. Such notice shall be in plain language and shall-- (1) inform the mortgagor in large bold type that he or she may be eligible for temporary assistance in making mortgage payments; (2) include an explanation of the mortgage assistance program under this Act; (3) inform the mortgagor that to apply for mortgage assistance, he or she shall attend a meeting in accordance with section 4(a) within 30 days of the date of the notice; (4) include the legal action intended and the basis therefore; (5) include a list of approved counseling agencies located in the State in which the mortgagor resides; (6) be sent via first class mail to the last known address of the mortgagor; and (7) be subject to such other requirements as prescribed by the Secretary. SEC. 4. APPLICATION FOR ASSISTANCE. (a) Meeting.-- (1) In general.--To apply for assistance under this Act, not later than 30 days after receiving notice in accordance with section 3(b), a mortgagor shall attend a face to face meeting with the mortgagee or an approved counseling agency to attempt to prevent legal action for which the notice was sent by restructuring the mortgage payment schedule. A meeting under this paragraph may be conducted over the telephone under circumstances prescribed by the Secretary. (2) Notice.--If the mortgagor meets with the approved counseling agency within the period specified in paragraph (1), the approved counseling agency shall send notice of the meeting which includes, but is not limited to, the date of the meeting, to the mortgagee not later than 5 business days after the meeting. (b) Preparation; Submission.-- (1) In general.--If the mortgagor is not able to resolve the default and prevent foreclosure before the expiration of the 30-day period beginning on the date of the meeting, the mortgagor may file an application for mortgage assistance under this Act. At the request of the mortgagor, an approved counseling agency shall-- (A) assist the mortgagor in preparing an application for assistance under this Act; and (B) not later than 30 days after the mortgagor initially requests assistance in the preparation of the application, submit the completed application to the Secretary. (2) Fees.--The Secretary may pay approved counseling agencies a fee, in an amount determined by the Secretary, for rendering assistance pursuant to this Act. (c) Notice to Mortgagee.--If the approved counseling agency submits an application for assistance to the Secretary on behalf of a mortgagor, the approved counseling agency shall, not later than 5 business days after submitting the application, inform the mortgagee of the date that the application was submitted. (d) Form; Contents.--An application for assistance under this Act shall be submitted on a form prescribed by the Secretary and shall include a financial statement disclosing all assets and liabilities of the mortgagor, whether singly or jointly held, and all household income regardless of source. (e) Effect of Misrepresentation.--A mortgagor who intentionally misrepresents any financial information in connection with the filing of an application for assistance under this Act may be denied assistance and required to immediately repay any amount of assistance received, and the mortgagee may, at any time thereafter, take any legal action to enforce the mortgage without any further restrictions or requirements under this Act. (f) Availability.--An application for assistance under this Act may be obtained from an approved counseling agency. (g) Determination on Application.-- (1) Time period.--The Secretary shall determine eligibility of a mortgagor for assistance under this Act not later than 60 days after receipt of the application of the mortgagor. (2) Notification.--Not later than 5 business days after making the determination on an application for assistance, the Secretary shall notify the mortgagor and the mortgagee as to whether the application has been approved or disapproved. SEC. 5. ASSISTANCE PAYMENTS BY SECRETARY. (a) Amount to Bring Mortgage Current.--If the Secretary determines that a mortgagor is eligible for assistance under this Act, the Secretary shall pay to the mortgagee from the Mutual Mortgage Insurance Fund the full amount due to the mortgagee pursuant to the terms of the mortgage without regard to any acceleration under the mortgage, or the full amount of any alternative mortgage payments agreed to by the mortgagee and mortgagor on the date that the application is approved by the Secretary. This amount shall include the amount of principal, interest, taxes, assessments, ground rents, hazard insurance, any mortgage insurance or credit insurance premiums, and reasonable attorneys' fees incurred by such mortgagee in relation to the arrearage. (b) Monthly Assistance Payments.-- (1) In general.--The Secretary shall make monthly mortgage assistance payments to the mortgagee on behalf of the mortgagor pursuant to this Act. (2) Obligation of the mortgagor.--A mortgagor on whose behalf the Secretary is making the mortgage assistance payments shall pay monthly payments to the Secretary. Such payments shall be in an amount which will cause the mortgagor's total housing expense not to exceed 35 percent of the mortgagor's net effective income. This shall be the maximum amount the mortgagor can be required to pay during the 36 months a mortgagor is eligible for mortgage assistance. (3) Obligation of the secretary.--Upon receipt of this payment from the mortgagor, the Secretary or the Secretary's duly authorized agent shall send the total mortgage payment directly to the mortgagee. (c) Review Upon Delinquency.--If the mortgagor fails to pay to the Secretary any amounts due directly from the mortgagor under this section not later than 15 days after such due date, the Secretary or its designated agent shall review the mortgagor's financial circumstances to determine whether a delinquency in payments due from the mortgagor under this section or section 6 is the result of a change in the mortgagor's financial circumstances since the payment amount was last determined. If the delinquency is not the result of a change in the mortgagor's financial circumstances, the Secretary shall terminate future mortgage assistance payments and the mortgagee may, at any time thereafter, take any legal action to enforce its mortgage without any further restriction or requirement. If the delinquency is the result of such a change, the Secretary shall modify the mortgagor's required payments to the Secretary as the Secretary shall determine. (d) Period for Assistance.--Payments under this Act shall be provided for a period not to exceed 36 months, either consecutively or nonconsecutively. The Secretary shall establish procedures for periodic review of the mortgagor's financial circumstances for the purpose of determining the necessity for continuation, termination, or adjustment of the amount of the payments. SEC. 6. REPAYMENT OF ASSISTANCE. (a) Assistance Loan.--The amount by which the assistance payments made by the Secretary to the mortgagee exceeds the amount of payments made by the mortgagor to the Secretary shall be a loan by the Secretary to the mortgagor. The loan shall be evidenced by such documents as the Secretary shall determine necessary to protect the interests of the United States. (b) Repayment of Assistance Loan.--Before making assistance payments under this Act on behalf of a mortgagor, the Secretary shall enter into an agreement with the mortgagor for repayment of all mortgage assistance made by the Secretary under section 5, plus interest as provided in subsection (c). The agreement shall provide for monthly payments by the mortgagor to the Secretary which (1) shall begin once the Secretary has determined that continuation of mortgage assistance payments to the mortgagee is unnecessary, and (2) shall be in an amount determined as follows: (1) Housing expense less than 35 percent.--If the mortgagor's total housing expense is less than 35 percent of the mortgagor's net effective income, the mortgagor shall pay to the Secretary the difference between 35 percent of the mortgagor's net effective income and the mortgagor's total housing expense unless otherwise determined by the Secretary after examining the mortgagor's financial circumstances and ability to contribute to repayment of the mortgage assistance. (2) Housing expense greater than 35 percent.--If the mortgagor's total housing expense is more than 35 percent of the mortgagor's net effective income, repayment of the mortgage assistance shall be deferred until the mortgagor's total housing expense is less than 35 percent of the mortgagor's net effective income. (3) When mortgage paid in full.--Notwithstanding paragraphs (1) and (2), if repayment of mortgage assistance is not made by the date that the mortgage is paid in full, the mortgagor shall make mortgage assistance repayments in an amount not less than the previous regular mortgage payment until the mortgage assistance is repaid. (c) Interest.--Interest shall accrue on all mortgage assistance made under this Act at the rate determined monthly by the Secretary of the Treasury to be equal to the then current average yield on outstanding 30-year bonds issued by the Secretary of the Treasury under section 3102 of title 31, United States Code, and shall accrue only during the period in which the mortgagor is required to make repayment under this section. (d) Lien to Secure Repayment of Assistance.--Repayment of amounts owed to the Secretary from a mortgagor shall be secured by a mortgage lien on the property and by such other obligation as the Secretary may require. The lien or other security interest of the Secretary shall not be deemed to take priority over any other secured lien or secured interest in effect against the mortgagor's property on the date assistance payments begin. The Secretary may allow subordination of the mortgage assistance lien only if such subordination is necessary to permit the mortgagor to obtain a home improvement loan for repairs necessary to preserve the property. (e) Time for Repayment.--Payments under this section shall be made by the mortgagor to the Secretary not later than 14 days after each mortgage payment is due under the mortgage (or in the case of repayment after the mortgage has been paid in full, not later than the date the mortgage payments were due under the mortgage). SEC. 7. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Approved counseling agency.--The term ``approved counseling agency'' means a nonprofit housing counseling agency approved by the Secretary pursuant to section 2(e). (2) Gross household income.--The term ``gross household income'' means the total income of a mortgagor, the mortgagor's spouse, children residing in the same residence as the mortgagor, and any other person living in such residence that is declared by the mortgagor as a dependent for Federal income tax purposes. (3) Household.--The term ``household'' means a mortgagor, the mortgagor's spouse, children residing in the same residence as the mortgagor, and any other person living in such residence that is declared by the mortgagor as a dependent for Federal income tax purposes. (4) Housing expense.--The term ``housing expense'' means the sum of the mortgagor's monthly maintenance, utility, and hazard insurance expense, taxes, and required mortgage payments, including escrows. (5) Mortgagee; mortgagor.--The terms ``mortgagee'' and ``mortgagor'' have the meanings given such terms in section 201 of the National Housing Act (12 U.S.C. 1707). (6) Net effective income.--The term ``net effective income'' means the gross household income of the mortgagor, less city, State, and Federal income and social security taxes. (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development.

Homeowners' Emergency Mortgage Assistance Act - Directs the Secretary of Housing and Urban Development to establish a mortgage emergency assistance program for qualifying homeowners with National Housing Act-insured mortgages who are temporarily unable to meet their obligations due to financial hardship beyond their control. Requires: (1) homeowner repayment of such assistance and interest; and (2) certain conditions to be met before legal action may be taken against a qualifying homeowner, including providing the homeowner with program notice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Debit Card Protection Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) There has been a recent trend toward issuing debit cards which can be used like credit cards, largely as replacements for debit cards which could be used only with a personal identification number at automated teller machines and a limited number of retail establishments. (2) According to industry analysts, as many as 1,300,000 new debit cards which can be used like credit cards are issued each month. (3) If current trends continue, debit cards that can be used like credit cards will soon rival the popularity of credit cards and some banking experts predict that more than \2/3\ of the households in the United States will have such a card by the year 2000. (4) Many times, debit cards that can be used like credit cards have been issued without providing adequate disclosure that-- (A) the card may be used to initiate an electronic fund transfer without the use of a personal identification number or similar code or means of access; and (B) even though the card may carry a logo associated with credit cards, the card is not a credit card and the consumer may bear a significantly larger liability for an unauthorized transaction involving such debit card than would be the case for a similar unauthorized transaction involving a credit card. (5) Thus, millions of Americans are-- (A) receiving cards in a form they didn't request; and (B) are carrying such cards around with them-- (i) without realizing that the cards have an expanded capability without the protections against unauthorized transfers which are typical of cards issued to make cash withdrawals from automated teller machines; and (ii) without fully appreciating the risks associated with such cards. (6) Economic stimulation would be enhanced and competition among the various financial institutions and other companies which issue debit cards would be strengthened by the informed use of debit cards by consumers. SEC. 3. DEFINITIONS. Section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a) is amended-- (1) by striking ``and'' at the end of paragraph (10); (2) by striking the period at the end of paragraph (11) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(12) ATM card.--The term `ATM card' means any card issued by a financial institution for use in initiating electronic fund transfers at automated teller machines and other electronic terminals which requires a code or other unique form of identification (other than a signature) in order to access the account of the consumer; and ``(13) Check card.--The term `check card' means any card issued by a financial institution for use in initiating electronic fund transfers from the account of a consumer which does not require the protection of a code or other means of access that uniquely identifies the consumer (and for purposes of this paragraph, a signature shall not be treated as a means of access which uniquely identifies the consumer).''. SEC. 4. CHECK CARD REQUIREMENT. Section 911 of the Electronic Fund Transfer Act (15 U.S.C. 1693i) is amended by adding at the end the following new subsection: ``(e) Check Card Requirement.--Any check card issued by any financial institution to any consumer shall bear the legend `Check Card' in a prominent typeface and in a conspicuous place on the face of the check card.''. SEC. 5. DUAL-USE DEBIT CARD. (a) Consumer Liability.-- (1) In general.--Section 909 of the Electronic Fund Transfer Act (15 U.S.C. 1693g) is amended-- (A) by redesignating subsections (b) through (e) as subsections (d) through (g), respectively; (B) in subsection (a)-- (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (ii) by inserting ``Cards Necessitating Unique Identifier.-- ``(1) In general.--'' after ``(a)''; (iii) by striking ``other means of access can be identified as the person authorized to use it, such as by signature, photograph,'' and inserting ``other means of access can be identified as the person authorized to use it by a unique identifier, such as a photograph, retina scan,''; and (iv) by striking ``Notwithstanding the foregoing,'' and inserting the following: ``(2) Notification.--Notwithstanding paragraph (1),''; and (C) by inserting before subsection (d), as so designated by this section, the following new subsections: ``(b) Cards Not Necessitating Unique Identifier.--A consumer shall be liable for an unauthorized electronic fund transfer only if-- ``(1) the liability is not in excess of $50; ``(2) the unauthorized electronic fund transfer is initiated by the use of a card that has been properly issued to a consumer other than the person making the unauthorized transfer as a means of access to the account of that consumer for the purpose of initiating an electronic fund transfer; ``(3) the unauthorized electronic fund transfer occurs before the card issuer has been notified that an unauthorized use of the card has occurred or may occur as the result of loss, theft, or otherwise; and ``(4) such unauthorized electronic fund transfer did not require the use of a code or other unique identifier (other than a signature), such as a photograph, fingerprint, or retina scan. ``(c) Notice of Liability and Responsibility To Report Loss of Card, Code, or Other Means of Access.--No consumer shall be liable under this title for any unauthorized electronic fund transfer unless the consumer has received in a timely manner the notice required under section 905(a)(1), and any subsequent notice required under section 905(b) with regard to any change in the information which is the subject of the notice required under section 905(a)(1).''. (2) Conforming amendment.--Section 905(a)(1) of the Electronic Fund Transfer Act (15 U.S.C. 1693c(a)(1)) is amended to read as follows: ``(1) the liability of the consumer for any unauthorized electronic fund transfer and the requirement for promptly reporting any loss, theft, or unauthorized use of a card, code, or other means of access in order to limit the liability of the consumer for any such unauthorized transfer;''. (b) Validation Requirement for Dual-Use Debit Cards.-- (1) In general.--Section 911 of the Electronic Fund Transfer Act (15 U.S.C. 1693i) is amended-- (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection: ``(c) Validation Requirement.--No person may issue a card described in subsection (a), the use of which to initiate an electronic fund transfer does not require the use of a code or other unique identifier other than a signature (such as a fingerprint or retina scan), unless-- ``(1) the requirements of paragraphs (1) through (4) of subsection (b) are met; and ``(2) the issuer has provided to the consumer a clear and conspicuous disclosure that use of the card may not require the use of such code or other unique identifier.''. (2) Technical and conforming amendment.--Section 911(d) of the Electronic Fund Transfer Act (15 U.S.C. 1993i(d)) (as redesignated by subsection (a)(1) of this section) is amended by striking ``For the purpose of subsection (b)'' and inserting ``For purposes of subsections (b) and (c)''. SEC. 6. MANAGEMENT PRACTICES RELATING TO THE ISSUANCE OF CHECK CARDS. Section 911 of the Electronic Fund Transfer Act (15 U.S.C. 1693i) is amended by inserting after subsection (e) (as added by section 4 of this Act) the following new subsection: ``(f) Preference of Consumer.-- ``(1) In general.--If-- ``(A) in response to a request or application by a consumer for an ATM card, a financial institution issues a check card; and ``(B) the consumer refuses to accept a check card, the issuer shall promptly issue such consumer an ATM card. ``(2) Definitions.--For purposes of paragraph (1), the following definitions shall apply: SEC. 7. TOLL-FREE TELEPHONE NUMBER FOR REPORTING LOST OR STOLEN CHECK CARDS OR UNAUTHORIZED WITHDRAWALS. (a) In General.--Section 906 of the Electronic Fund Transfer Act (15 U.S.C. 1693d) is amended by adding at the end the following new subsection: ``(g) 24-Hour, Toll-Free, Notification System.--A financial institution which issues a check card to any consumer shall establish and maintain a 24-hour notification system, including a toll-free telephone number at which personnel are continuously accessible, which permits the consumer to immediately report the loss or theft of the check card or any unauthorized use or suspected unauthorized use of the card.''. (b) Technical and Conforming Amendment.--Section 906(c)(4) of the Electronic Fund Transfer Act (15 U.S.C. 1693d(c)(4)) is amended by inserting after the period at the end the following new sentence: ``In the case of a periodic statement for an account from which withdrawals may be initiated by a check card (as defined in subsection (g)(2)), the notice required under this paragraph shall appear in a conspicuous and prominent location on the periodic statement under a heading indicating that the telephone number is a 24-hour, toll-free telephone number and the notice shall inform the consumer of the importance of promptly reporting any loss or theft of such card or any unauthorized use or suspected unauthorized use of the card.''. SEC. 8. PROHIBITION ON FEES FOR INSUFFICIENT FUNDS IN CASE OF CERTAIN UNAUTHORIZED TRANSFERS. Section 909 of the Electronic Fund Transfer Act (15 U.S.C. 1693g) is amended by adding at the end the following new subsection: ``(h) Prohibition on Certain Fees.-- ``(1) In general.--A consumer shall not be liable for any fee imposed by a financial institution for insufficient funds in the account of the consumer if the lack of sufficient funds in such account is due to an unauthorized electronic fund transfer (from such account) initiated by the use of a card without the protection of a code or other means of access which uniquely identifies the consumer. ``(2) Prompt recredit of prior fees.--Upon receiving notice from a consumer of an alleged unauthorized transaction, a financial institution shall promptly credit the account of a consumer for any fee described in paragraph (1) which was imposed before such notice was received.''. SEC. 9. PROVISIONAL RECREDIT OF UNAUTHORIZED TRANSFERS AFTER 5 BUSINESS DAYS. Section 908(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(c)) is amended by striking ``ten business days'' and inserting ``5 business days''. SEC. 10. EFFECTIVE DATE. The amendments made by this Act shall apply after the end of the 1- year period beginning on the date of the enactment of this Act.

Consumer Debit Card Protection Act - Amends the Electronic Fund Transfer Act to mandate that any check card issued by a financial institution to a consumer shall bear the legend "Check Card" in prominent typeface and in a conspicuous place on the face of such card. Prescribes guidelines governing consumer liability for unauthorized electronic fund transfers where the relevant cards do not necessitate a unique identifier. Conditions such liability upon timely notification to the consumer of liability for such transfers and of the advisability of prompt reporting of any loss, theft, or unauthorized use of a card code or other means of access. Permits distribution to consumers of electronic fund transfer cards without unique identifiers only if certain validation requirements are met. Mandates that any financial institution which issues consumer check cards maintain a 24-hour notification system which includes a toll-free telephone number at which personnel are continuously accessible to accept reports of theft, loss, or unauthorized use. Precludes consumer liability for fees for insufficient funds due to an unauthorized electronic fund transfer executed by the use of a card lacking a protective device to serve as a unique identifier of the rightful consumer. Requires prompt re-crediting of the consumer's account for any fee imposed before receipt of the consumer's notice of an unauthorized electronic fund transfer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``English Language Unity Act of 2005''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The United States is comprised of individuals from diverse ethnic, cultural, and linguistic backgrounds, and continues to benefit from this rich diversity. (2) Throughout the history of the United States, the common thread binding individuals of differing backgrounds has been the English language. (3) Among the powers reserved to the States respectively is the power to establish the English language as the official language of the respective States, and otherwise to promote the English language within the respective States, subject to the prohibitions enumerated in the Constitution of the United States and in laws of the respective States. SEC. 3. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--OFFICIAL LANGUAGE ``Sec. 161. Official language of the United States ``The official language of the United States is English. ``Sec. 162. Preserving and enhancing the role of the official language ``Representatives of the Federal Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language. ``Sec. 163. Official functions of Government to be conducted in English ``(a) Official Functions.--The official functions of the Government of the United States shall be conducted in English. ``(b) Scope.--For the purposes of this section, the term `United States' means the several States and the District of Columbia, and the term `official' refers to any function that (i) binds the Government, (ii) is required by law, or (iii) is otherwise subject to scrutiny by either the press or the public. ``(c) Practical Effect.--This section shall apply to all laws, public proceedings, regulations, publications, orders, actions, programs, and policies, but does not apply to-- ``(1) teaching of languages; ``(2) requirements under the Individuals with Disabilities Education Act; ``(3) actions, documents, or policies necessary for national security, international relations, trade, tourism, or commerce; ``(4) actions or documents that protect the public health and safety; ``(5) actions or documents that facilitate the activities of the Bureau of the Census in compiling any census of population; ``(6) actions that protect the rights of victims of crimes or criminal defendants; or ``(7) using terms of art or phrases from languages other than English. ``Sec. 164. Uniform English language rule for naturalization ``(a) Uniform Language Testing Standard.--All citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States made in pursuance of the Constitution. ``(b) Ceremonies.--All naturalization ceremonies shall be conducted in English. ``Sec. 165. Rules of construction ``Nothing in this chapter shall be construed-- ``(1) to prohibit a Member of Congress or any officer or agent of the Federal Government, while performing official functions, from communicating unofficially through any medium with another person in a language other than English (as long as official functions are performed in English); ``(2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act); ``(3) to disparage any language or to discourage any person from learning or using a language; or ``(4) to be inconsistent with the Constitution of the United States. ``Sec. 166. Standing ``A person injured by a violation of this chapter may in a civil action (including an action under chapter 151 of title 28) obtain appropriate relief.''. (b) Clerical Amendment.--The table of chapters at the beginning of title 4, United States Code, is amended by inserting after the item relating to chapter 5 the following new item: ``Chapter 6. official language''. SEC. 4. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE TEXTS OF THE LAWS OF THE UNITED STATES. (a) In General.--Chapter 1 of title 1, United States Code, is amended by adding at the end the following new section: ``Sec. 8. General rules of construction for laws of the United States ``(a) English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the Laws of the United States; and ``(b) Any ambiguity in the English language text of the Laws of the United States shall be resolved, in accordance with the last two articles of the Bill of Rights, not to deny or disparage rights retained by the people, and to reserve powers to the States respectively, or to the people.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by inserting after the item relating to section 7 the following new item: ``8. General Rules of Construction for Laws of the United States.''. SEC. 5. IMPLEMENTING REGULATIONS. The Secretary of Homeland Security shall, within 180 days after the date of enactment of this Act, issue for public notice and comment a proposed rule for uniform testing English language ability of candidates for naturalization, based upon the principles that-- (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States which are made in pursuance thereof; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum. SEC. 6. EFFECTIVE DATE. The amendments made by sections 3 and 4 shall take effect on the date that is 180 days after the date of the enactment of this Act.

English Language Unity Act of 2005 - Declares English to be the official language of the United States. Establishes the affirmative obligation of the representatives of the Federal Government to preserve and enhance the role of the English language as the Government's official language. Requires the official functions of the Government to be conducted in English. Requires: (1) a uniform English language testing standard for U.S. naturalization; and (2) all naturalization ceremonies to be conducted in English. Sets forth exceptions to, and rules of construction for, such requirements. Authorizes persons injured by violations of this Act to obtain appropriate relief in civil actions. Declares, as a general rule of construction, that English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the laws of the United States. Requires the Secretary of Homeland Security to issue for public notice and comment a proposed rule for uniform testing of the English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the Laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Child Abuse Act Reauthorization Act of 2013''. SEC. 2. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES. (a) Reauthorization.--Section 214B of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13004) is amended-- (1) in subsection (a), by striking ``fiscal years 2004 and 2005'' and inserting ``fiscal years 2014, 2015, 2016, 2017, and 2018''; and (2) in subsection (b), by striking ``fiscal years 2004 and 2005'' and inserting ``fiscal years 2014, 2015, 2016, 2017, and 2018''. (b) Accountability.--Subtitle A of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended by adding at the end the following: ``SEC. 214C. ACCOUNTABILITY. ``All grants awarded by the Administrator under this subtitle shall be subject to the following accountability provisions: ``(1) Audit requirement.-- ``(A) Definition.--In this paragraph, the term `unresolved audit finding' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. ``(B) Audit.--The Inspector General of the Department of Justice shall conduct audits of recipients of grants under this subtitle to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. ``(C) Mandatory exclusion.--A recipient of grant funds under this subtitle that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subtitle during the following 2 fiscal years. ``(D) Priority.--In awarding grants under this subtitle, the Administrator shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this subtitle. ``(E) Reimbursement.--If an entity is awarded grant funds under this subtitle during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Administrator shall-- ``(i) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and ``(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. ``(2) Nonprofit organization requirements.-- ``(A) Definition.--For purposes of this paragraph, the term `nonprofit organization' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. ``(B) Prohibition.--The Administrator may not award a grant under any grant program described in this subtitle to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. ``(C) Disclosure.--Each nonprofit organization that is awarded a grant under this subtitle and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Administrator, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Administrator shall make the information disclosed under this subparagraph available for public inspection. ``(3) Conference expenditures.-- ``(A) Limitation.--No amounts authorized to be appropriated to the Department of Justice under this subtitle may be used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, including the Administrator, provides prior written authorization through an award process or subsequent application that the funds may be expended to host a conference. ``(B) Written approval.--Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment. ``(C) Report.--The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph.''. SEC. 3. CRIME VICTIMS FUND. Section 1402(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)) is amended-- (1) by inserting ``(A)'' before ``Of the sums''; and (2) by striking ``available for the United States Attorneys Offices'' and all that follows and inserting the following: ``available only for-- ``(i) the United States Attorneys Offices and the Federal Bureau of Investigation to provide and improve services for the benefit of crime victims in the Federal criminal justice system (as described in 3771 of title 18, United States Code, and section 503 of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607)) through victim coordinators, victims' specialists, and advocates, including for the administrative support of victim coordinators and advocates providing such services; and ``(ii) a Victim Notification System. ``(B) Amounts made available under subparagraph (A) may not be used for any purpose that is not specified in clause (i) or (ii) of subparagraph (A).''. 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 June 26, 2014. Victims of Child Abuse Act Reauthorization Act of 2013 - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for FY2014-FY2018 for: (1) the children's advocacy program; (2) grants from the Administrator of the Office of Juvenile Justice and Delinquency Prevention to develop and implement multidisciplinary child abuse investigation and prosecution programs; and (3) grants to national organizations to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in state or federal courts, for the purpose of improving the quality of criminal prosecution of such cases. Directs the Inspector General of the Department of Justice (DOJ) to conduct audits of grant recipients to prevent waste, fraud, and abuse of funds by grantees. Defines an "unresolved audit finding" as a finding in the final audit report of the Inspector General that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost and that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. Directs the Administrator to give priority for grants to eligible entities that did not have an unresolved audit finding during the three fiscal years prior to submitting an application for a grant. Disqualifies a grant recipient that is found to have an unresolved audit finding from receiving grant funds during the following two fiscal years. Directs the Administrator, if an entity is awarded grant funds during the two-fiscal-year period in which the entity is barred from receiving grants, to: (1) deposit an amount equal to the funds that were improperly awarded into the General Fund of the Treasury, and (2) seek to recoup the costs of the repayment to the fund from such entity. Prohibits the Administrator from awarding a grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax on unrelated business income. Requires each nonprofit organization awarded a grant that uses prescribed procedures to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees to disclose to the Administrator in the grant application the process for determining such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Prohibits amounts authorized to be appropriated to DOJ from being used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement, to host or support any expenditure for conferences that uses more than $20,000 in DOJ funds, without prior written authorization by the Deputy Attorney General or other specified officials. Directs the Deputy Attorney General to submit an annual report to the Senate and House Judiciary Committees on all approved conference expenditures. Amends the Victims of Crime Act of 1984 to permit surplus amounts in the Crime Victims Fund to be used only for a Victim Notification System and for the U.S. Attorneys Offices and the Federal Bureau of Investigation (FBI) to provide and to improve services for the benefit of crime victims in the federal criminal justice system (current law) through victim coordinators, victims' specialists, and advocates, including for the administrative support of such coordinators and advocates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Allocation for Music Producers Act'' or the ``AMP Act''. SEC. 2. PAYMENT OF STATUTORY PERFORMANCE ROYALTIES. (a) Letter of Direction.--Section 114(g) of title 17, United States Code, is amended by adding at the end the following new paragraph: ``(5) Letter of direction.--A collective designated by the Copyright Royalty Judges to distribute receipts from the licensing of transmissions in accordance with subsection (f) shall adopt and reasonably implement a policy that provides, in circumstances determined by the collective to be appropriate, for acceptance of instructions from a payee identified in subparagraph (A) or (D) of paragraph (2) to distribute a portion of the payments to which the payee otherwise would be entitled from the licensing of transmissions of a particular sound recording to a producer, mixer, or sound engineer who was part of the creative process that created the sound recording (in this section, referred to as a `letter of direction'). To the extent that the collective accepts a letter of direction, the person entitled to payment pursuant to such letter of direction shall, during the time such letter of direction is in effect and followed by the collective, be treated for all purposes as the owner of the right to receive such payment. This paragraph shall not be interpreted to imply that a collective cannot accept or act upon payment instructions in other circumstances.''. (b) Additional Provisions for Recordings Fixed Before November 1, 1995.--Section 114(g) of title 17, United States Code, as amended by subsection (a), is further amended by adding at the end the following new paragraph: ``(6) Sound recordings fixed before november 1, 1995.-- ``(A) Payment absent letter of direction.--A collective designated by the Copyright Royalty Judges to distribute receipts from the licensing of transmissions in accordance with subsection (f) shall adopt and reasonably implement a policy that provides, in circumstances determined by the collective to be appropriate, for deduction of 2 percent of the receipts from the licensing of transmissions of a sound recording fixed before November 1, 1995, from receipts otherwise payable to the recording artist or artists featured on such sound recording (or the persons conveying rights in the artists' performance in the sound recordings) pursuant to paragraph (2)(D) (which leaves the recording artist or artists featured on such sound recording (or the persons conveying rights in the artists' performance in the sound recordings) 43 percent of the total receipts paid pursuant to paragraph (2)) and distribution of such amount to one or more persons described in subparagraph (B), after deduction of costs as described in paragraph (3) or (4), as applicable, if each of the following requirements is met: ``(i) Certification of attempt to obtain a letter of direction.--A person described in subparagraph (B) certified to the collective, under penalty of perjury, that-- ``(I) for a period of at least 4 months, that person made reasonable efforts to contact the artist payee for such sound recording to request and obtain a letter of direction instructing the collective to pay a portion of the royalties from the featured recording artist or artists to that person; and ``(II) during the period beginning on the date that person began the reasonable efforts described in subclause (I) and ending on date of that person's certification to the collective, the artist payee did not definitively affirm or deny the request for a letter of direction. ``(ii) Collective attempt to contact artist.--After receipt of the certification described in clause (i) and for a period of at least 4 months before the collective's first distribution to the person described in subparagraph (B), the collective attempted to notify the artist payee of the certification made by the person described in subparagraph (B) in a manner reasonably determined by the collective. ``(iii) No objection received.--An objection to the distribution has not been submitted to the collective by the artist payee as of the date that is 10 business days before the date on which the first distribution is made. ``(B) Eligibility for payment.--A person shall be eligible for payment under subparagraph (A) if such person-- ``(i) is a producer, mixer, or sound engineer of the relevant sound recording; ``(ii) has entered into a written contract with a record company involved in the creation or lawful exploitation of the relevant sound recording, or with the recording artist or artists featured on such sound recording (or the persons conveying rights in the artists' performance in the sound recordings), pursuant to which such person is entitled to participate in royalty payments based on exploitation of the relevant sound recording that are payable from royalties otherwise payable to the recording artist or artists featured on such sound recording (or the persons conveying rights in the artists' performance in the sound recordings); ``(iii) made a contribution, of a nature subject to copyright protection under section 102, to the creation of the relevant sound recording; and ``(iv) submits a written certification to the collective stating, under penalty of perjury, that such person meets the requirements in clauses (i) through (iii) and includes a true copy of the contract described in clause (ii). ``(C) Multiple certifications.--Subject to subparagraph (D), in a case in which more than one person described in subparagraph (B) has met the requirements for a distribution pursuant to subparagraph (A) with respect to a sound recording as of the date that is 10 business days before the date on which a distribution is made, the collective shall divide the 2 percent distribution equally among all such persons. ``(D) Objection to payment.--Not later than 10 days after the collective receives from the artist payee a written objection to a distribution made pursuant to subparagraph (A), the collective shall cease making any further payment related to such distribution. In any case in which the collective has made one or more distributions pursuant to subparagraph (A) to a person described in subparagraph (B) before the date that is 10 business days after the date on which the collective receives an objection by the artist payee to such distribution, the objection shall not affect that person's entitlement to any distribution made before the collective ceases such distribution pursuant to this subparagraph. ``(E) Ownership of the right to receive payments.-- To the extent that the collective determines that a distribution will be made pursuant to subparagraph (A) to a person described in subparagraph (B), such person shall during the period of such distribution be treated for all purposes as the owner of the right to receive such payments. ``(F) Artist payee defined.--In this paragraph, the term `artist payee' means a person, other than a person described in subparagraph (B), who owns the right to receive all or part of the receipts payable under paragraph (2)(D) with respect to a sound recording. In a case in which there are multiple artist payees with respect to a sound recording, an objection by one such payee shall apply only to that payee's share of the receipts payable under paragraph (2)(D), and does not preclude payment under subparagraph (A) from the share of an artist payee that does not object.''. (c) Technical and Conforming Amendments.--Section 114(g) of title 17, United States Code, as amended by subsections (a) and (b), is further amended-- (1) in paragraph (2), by striking ``An agent designated'' and inserting ``Except as provided for in paragraph (6), a collective designated by the Copyright Royalty Judges''; (2) in paragraph (3)-- (A) by striking ``agent designated'' and inserting ``collective designated by the Copyright Royalty Judges''; and (B) by striking ``agent'' and inserting ``collective'', each place it appears; and (3) in paragraph (4), by striking ``agent'' and inserting ``collective'', each place it appears.

Allocation for Music Producers Act or the AMP Act This bill amends federal copyright law to require a collective designated by the Copyright Royalty Judges to implement a policy providing for the acceptance of instructions (referred to as a "letter of direction") from a person who owns the exclusive right to publicly perform a sound recording by means of a digital audio transmission, or from a recording artist of a such a sound recording, to distribute a portion of royalty payments to a producer, mixer, or sound engineer who was part of the creative process behind the sound recording. The collective must adopt special procedures for a producer, mixer, or sound engineer to receive a portion of royalties for recordings fixed before November 1, 1995, by certifying that a reasonable effort has been made to obtain a letter of direction from an artist who owns the right to receipts payable with respect to the sound recording.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pine River Project Conveyance Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``Jurisdictional Map'' means the map entitled ``Transfer of Jurisdiction--Vallecito Reservoir, United States Department of Agriculture, Forest Service and United States Department of the Interior, Bureau of Reclamation and the Bureau of Indian Affairs'' dated March, 1998. (2) The term ``Pine River Project'' or the ``Project'' means Vallecito Dam and Reservoir owned by the United States and authorized in 1937 under the provisions of the Department of the Interior Appropriation Act of June 25, 1910, 36 Stat. 835; facilities appurtenant to the Dam and Reservoir, including equipment, buildings, and other improvements; lands adjacent to the Dam and Reservoir; easements and rights-of-way necessary for access and all required connections with the Dam and Reservoir, including those for necessary roads; and associated personal property, including contract rights and any and all ownership or property interest in water or water rights. (3) The term ``Repayment Contract'' means Repayment Contract #I1r-1204, between Reclamation and the Pine River Irrigation District, dated April 15, 1940, and amended November 30, 1953, covering the Pine River Project and certain lands acquired in support of the Vallecito Dam and Reservoir pursuant to which the Pine River Irrigation District has assumed operation and maintenance responsibilities for the dam, reservoir, and water-based recreation in accordance with existing law. (4) The term ``Reclamation'' means the Department of the Interior, Bureau of Reclamation. (5) The term ``Secretary'' means the Secretary of the Interior. (6) The term ``Southern Ute Indian Tribe'' or ``Tribe'' means a federally recognized Indian tribe, located on the Southern Ute Indian Reservation, La Plata County, Colorado. (7) The term ``Pine River Irrigation District'' or ``District'' means a political division of the State of Colorado duly organized, existing, and acting pursuant to the laws thereof with its principal place of business in the City of Bayfield, La Plata County, Colorado and having an undivided \5/6\ right and interest in the use of the water made available by Vallecito Reservoir for the purpose of supplying the lands of the District, pursuant to the Repayment Contract, and the decree in Case No. 1848-B, District Court, Water Division 7, State of Colorado, as well as an undivided \5/6\ right and interest in the Pine River Project. SEC. 3. TRANSFER OF THE PINE RIVER PROJECT. (a) Conveyance.--The Secretary is authorized to convey, without consideration or compensation, except as provided in this section, to the District, by quitclaim deed or patent, pursuant to section 6, the United States' undivided \5/6\ right and interest in the Pine River Project under the jurisdiction of Reclamation for the benefit of the Pine River Irrigation District. The quitclaim deed or patent shall expressly provide that the undivided \5/6\ right and interest transferred cannot be subject to partition from the undivided \1/6\ right and interest retained under the jurisdiction of the Bureau of Indian Affairs. (b) Price.--The sale price for the undivided \5/6\ right and interest to the Project to be transferred to the Pine River Irrigation District shall be Four Hundred Ninety-two Thousand and 00/100 Dollars ($492,000) (the ``Sale Price''). Concurrently with the conveyance, the Sale Price shall be deposited as miscellaneous receipts into the Reclamation Fund of the United States. Payment of the Sale Price shall extinguish all obligations between the District and the Bureau of Indian Affairs on the one hand and Reclamation on the other hand, under the Repayment Contract or with respect to the Pine River Project. Upon completion of the title transfer, said Repayment Contract shall become null and void. (c) Transaction Costs.--Pursuant to the April 1, 1998, Memorandum of Understanding between Reclamation and the District, the District is responsible for paying all costs associated with the title transfer. The Secretary shall credit 50 percent of all costs incurred to fulfill the requirements of the National Environmental Policy Act and other Federal laws toward the Sale Price due under section 3(b) herein, such credit not to exceed the Sale Price. (d) Bureau of Indian Affairs Interest.--At the option of the Tribe, the Secretary is authorized to convey to the Tribe the Bureau of Indian Affairs' undivided \1/6\ right and interest in the Pine River Project and the water supply made available by Vallecito Reservoir pursuant to the Memorandum of Understanding between the Bureau of Reclamation and the Office of Indian Affairs dated January 3, 1940, together with its Amendment dated July 9, 1964 (``MOU''), the Repayment Contract and decrees in Case Nos. 1848-B and W-1603-76D, District Court, Water Division 7, State of Colorado. In the event of such conveyance, no additional consideration or compensation shall be required to be paid to the United States. (e) Federal Dam Use Charge.--Conveyance of Reclamation's \5/6\ interest in the facilities under this Act shall result in a \5/6\ reduction in the Federal dam use charge assessed under section 10(e) of the Federal Power Act for use of the hydropower potential of the facilities. SEC. 4. JURISDICTIONAL TRANSFER OF LANDS. (a) Inundated Lands.--To provide for the consolidation of lands associated with the Pine River Project to be retained by the Forest Service and the consolidation of lands to be transferred to the District, the administrative jurisdiction of lands inundated by and along the shoreline of Vallecito Reservoir, as shown on the Jurisdictional Map, shall be transferred, as set forth below (the ``Jurisdictional Transfer''), concurrently with the conveyance described in section 3(a). Except as otherwise shown on the Jurisdictional Map-- (1) for withdrawn lands (approximately 260 acres) lying below the 7,765-foot reservoir water surface elevation level, the Forest Service shall transfer an undivided \5/6\ interest to Reclamation and an undivided \1/6\ interest to the Bureau of Indian Affairs in trust for the Tribe; and (2) for Project acquired lands (approximately 230 acres) above the 7,765-foot reservoir water surface elevation level, Reclamation and the Bureau of Indian Affairs shall transfer their interests to the Forest Service. (b) Map.--The Jurisdictional Map and legal descriptions of the lands transferred pursuant to subsection (a) above shall be on file and available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture, the Commissioner of Reclamation, Department of the Interior, appropriate field offices of those agencies, and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (c) Administration.--Following the Jurisdictional Transfer: (1) All lands that, by reason of the Jurisdictional Transfer, become National Forest System lands within the boundaries of the San Juan National Forest, shall be administered in accordance with the laws, rules, and regulations applicable to the National Forest System. (2) Reclamation withdrawals of land from the San Juan National Forest established by Secretarial Orders on November 9, 1936, October 14, 1937, and June 20, 1945, together designated as Serial No. C-28259, shall be revoked. (3) The Forest Service shall issue perpetual easements to the District and the Bureau of Indian Affairs, at no cost to the District or the Bureau of Indian Affairs, providing adequate access across all lands subject to Forest Service jurisdiction to insure the District and the Bureau of Indian Affairs the ability to continue to operate and maintain the Pine River Project. (4) The undivided \5/6\ interest in National Forest System lands that, by reason of the Jurisdictional Transfer is to be administered by Reclamation, shall be conveyed to the District pursuant to section 3(a). (5) The District and the Bureau of Indian Affairs shall issue perpetual easements to the Forest Service, at no cost to the Forest Service, from National Forest System lands to Vallecito Reservoir to assure continued public access to Vallecito Reservoir when the Reservoir level drops below the 7,765-foot water surface elevation. (6) The District and the Bureau of Indian Affairs shall issue a perpetual easement to the Forest Service, at no cost to the Forest Service, for the reconstruction, maintenance, and operation of a road from La Plata County Road No. 501 to National Forest System lands east of the Reservoir. (d) Valid Existing Rights.--Nothing in this section shall affect any valid existing rights or interests in any existing land use authorization, except that any such land use authorization shall be administered by the agency having jurisdiction over the land after the Jurisdictional Transfer in accordance with subsection (c) and other applicable law. Renewal or reissuance of any such authorization shall be in accordance with applicable law and the regulations of the agency having jurisdiction, except that the change of administrative jurisdiction shall not in itself constitute a ground to deny the renewal or reissuance of any such authorization. SEC. 5. LIABILITY. Effective on the date of the conveyance of an undivided \5/6\ right and interest in the Pine River Project to the District, 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 such undivided \5/6\ right and interest, except for damages caused by acts of negligence committed by the United States or by its employees, agents, or contractors prior to the date of conveyance. Nothing in this section shall be deemed to increase the liability of the United States beyond that currently provided in the Federal Tort Claims Act (28 U.S.C. 2671 et seq.) SEC. 6. COMPLETION OF CONVEYANCE. (a) In General.--The Secretary's completion of the conveyances under section 3 shall occur promptly after the following events: (1) Compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other applicable Federal and State laws. (2) A written statement from the Southern Ute Indian Tribe indicating the Tribe's satisfaction that the Tribe's Indian Trust Assets are protected in the conveyance described in section 3. (3) The issuance by the Federal Energy Regulatory Commission of an amendment to license #3174-001 which revises annual charges and otherwise reflects the conveyance described in section 3. (4) The submission of a statement by the Secretary to the District, the Bureau of Indian Affairs, and the State of Colorado on the existing condition of Vallecito Dam based on Bureau of Reclamation's current knowledge and understanding. (5) The development of an agreement between the Bureau of Indian Affairs and the District to prescribe the District's obligation to so operate the Project that the \1/6\ rights and interests to the Project and water supply made available by Vallecito Reservoir held by the Bureau of Indian Affairs are protected. (6) The submission of a plan by the District to manage the Project in a manner substantially similar to the manner in which it was managed prior to the transfer and in accordance with applicable Federal and State laws, including management for the preservation of public access and recreational values and for the prevention of growth on certain lands to be conveyed hereunder, as set forth in an Agreement dated March 20, 1998, between the District and residents of Vallecito Reservoir. Any future change in the use of the water supplied by Vallecito Reservoir shall comply with applicable law. (7) The development of a flood control plan by the Secretary of the Army acting through the Corps of Engineers which shall direct the District in the operation of Vallecito Dam for such purposes. (b) Report.--If the transfer authorized in section 3 is not substantially completed, the Secretary, in coordination with the District, shall provide a report to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate within 18 months from the date of enactment of this Act on the status of the transfer described in section 3(a), any obstacles to completion of such transfer, and the anticipated date for such transfer. (c) Future Benefits.--Effective upon transfer, the District shall not be entitled to receive any further Reclamation benefits pursuant to the Reclamation Act of June 17, 1902, and Acts supplementary thereto or amendatory thereof.

Pine River Project Conveyance Act - Authorizes the Secretary of the Interior to convey to the Pine River Irrigation District, Colorado, a specified interest of the Pine River Project (a water facilities project which includes the Vallecito Dam and Reservoir in Colorado, along with related easements and appurtenances). Authorizes the Secretary to convey a remaining fractional interest in such Project to the Southern Ute Indian Tribe of Colorado, pursuant to a specified memorandum of understanding. Provides for: (1) the transfer of certain inundated lands along the Dam and Reservoir; and (2) appropriate administrative jurisdiction over such lands after such transfer. Requires the conveyance under this Act to occur promptly after the completion of specified events, including compliance with applicable environmental laws, issuance of a statement by the Ute Tribe that their trust assets have been protected, and development of a flood control plan by the Secretary of the Army which shall direct the District in the operation of the Vallecito Dam for such purpose. Directs the Secretary, if the transfer is not substantially completed, to report to specified congressional committees within 18 months after the enactment of this Act on the transfer's status, obstacles, and anticipated completion date.

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Computer Equipment and Technology Export Control Reform Act''. SEC. 2. ANNUAL REVIEW OF CONTROLS ON COMPUTERS. Section 4 of the Export Administration Act of 1979 (50 U.S.C. App. 2403) is amended by adding at the end the following new subsection: ``(h) Review of Export Controls on Computer Equipment and Technology.-- ``(1) In general.--In order to ensure that requirements of validated licenses and other licenses authorizing multiple exports are periodically removed as computer equipment, computer communications and networking equipment, computer software, and related technology, that are subject to such requirements become obsolete with respect to the specific objectives of the export controls requiring such licenses, the Secretary shall conduct periodic reviews of such controls. The Secretary shall complete such a review not later than 6 months after the date of the enactment of this subsection, and not later than the end of each 1-year period thereafter. ``(2) Review elements.--In conducting each review under paragraph (1), the Secretary shall do the following with respect to the export controls requiring a license described in paragraph (1): ``(A) Objectives of control.--The Secretary shall identify the specific objectives of the export controls, for the 12-month period beginning on the date on which the review is completed, for each country for which a validated license is required. When an objective of an export control is to defer the development of a specific capability in such country, the Secretary shall specify for what period of time the controls are expected to defer such capability. ``(B) Quantity and performance.--The Secretary shall estimate, for the 12-month period described in subparagraph (A), the quantity and performance (measured in Composite Theoretical Performance or other relevant performance metrics) of computer systems that must be obtained by each country for which a validated license is required in order to defeat the objectives of the export controls. ``(C) Availability to controlled destinations.--The Secretary shall evaluate the effectiveness of the export controls in achieving their specific objectives, including explicit descriptions of the availability, during the 12-month period described in subparagraph (A), to controlled countries of computer equipment, computer communications and networking equipment, computer software, and related technology on which the export controls are in effect-- ``(i) from sources that do not control the export of such items, and from sources from which no effective export controls on such items exist; ``(ii) as a result of actual or potential diversion, including potential diversion of software over international computer or telephone networks; ``(iii) as a result of export license authorizations from countries other than the United States; ``(iv) as a result of indigenous production in controlled countries; and ``(v) as a result of United States regulations permitting exports to such countries of items with minimal United States content by value. ``(D) Economic impact.--The Secretary shall evaluate the economic impact, during the 12-month period described in subparagraph (A), of the export controls on exporting companies, including estimates of lost sales, loss in market share, and administrative overhead. ``(3) Increase in thresholds.--After completing each review under this subsection, the Secretary shall increase, if warranted by the findings of the review, the following export control thresholds, consistent with the obligations of the United States under bilateral and multilateral agreements: ``(A) The performance levels at which computer systems are eligible for delivery under a distribution license. ``(B) The performance levels at which computer systems may be shipped under a general license to countries other than controlled countries. ``(C) The performance levels defining a `supercomputer'. ``(D) The performance levels at which a validated license is required for the export to a controlled country of computer systems and peripherals, software, parts, and communications equipment normally supplied with such computer systems. In any recommendation or publication for such increase, the Secretary shall include the specific rationale for the increase. ``(4) Default provisions.--If on the date by which a review under this subsection must be completed, the review is not completed or a report on the review has not been transmitted to the Congress under paragraph (5), the performance levels described in paragraph (3) then in effect, stated in terms of Composite Theoretical Performance or other relevant performance metrics, shall double, effective 90 days from that date. No change in regulations or notice in the Federal Register shall be required to implement such increase in performance levels. ``(5) Report.--The Secretary shall transmit to the Congress and to the Computer Systems Technical Advisory Committee (or successor technical advisory committee) a report on the findings of each review conducted under this subsection, addressing each requirement set forth in paragraph (2). Within 60 days thereafter, the Computer Systems Technical Advisory Committee (or successor technical advisory committee) shall transmit to the Congress a concise statement specifying its concurrence or nonconcurrence with each matter contained in the Secretary's report, along with specific reasons for such concurrence or nonconcurrence. ``(6) Hearings.--The Secretary shall conduct public hearings not less than once each year in order to solicit information from all interested parties on all matters to be addressed in each review conducted under this subsection.''. SEC. 3. DE MINIMIS DECONTROL OF COMPUTER SYSTEMS. Section 4 of the Export Administration Act of 1979 is amended by adding at the end the following new subsection: ``(i) Removal of Controls on Computer Systems Valued at Less Than $5,000.-- ``(1) In general.--No validated license shall be required under this Act for the export or reexport to any controlled country of any digital computer having a net value of less than $5,000. ``(2) Definition of net value.--As used in paragraph (1), the `net value' of a digital computer means the actual selling price of the computer, less transport charges, to the customer abroad, or the current market price of the computer to the same type of customer in the United States. ``(3) No quantity limit.--No limit may be placed under this Act on the number of computer systems to which paragraph (1) applies that may be exported or reexported at any one time or on the number of shipments of such computer systems to any controlled country or end-user in a controlled country.'' SEC. 4. DECONTROL OF MASS-MARKET COMPUTER EQUIPMENT. Section 4 of the Export Administration Act of 1979 is amended by adding at the end the following new subsection: ``(j) Removal of Controls on Mass-Market Computer Equipment.-- ``(1) Mass-market computer equipment defined.--For purposes of this subsection, the term `mass-market computer equipment' means any computer system, computer networking equipment, peripheral to a computer system, part or subassembly of a computer system, or combination thereof, on which export controls are in effect under this Act, and which will have been installed for end-use outside the United States in a quantity exceeding 100,000 units over a 12-month period, as determined under paragraph (2). ``(2) Anticipatory review of mass-market computer equipment.--Not later than-- ``(A) 6 months after the date of the enactment of this subsection, and ``(B) the end of each 1-year period occurring thereafter, the Secretary shall, in consultation with the Computer Systems Technical Advisory Committee (or successor technical advisory committee), industry groups, and computer equipment producers, identify those items (including computer systems differentiated in terms of Composite Theoretical Performance) that will be installed for end-use outside the United States in a quantity exceeding 100,000 units during the 12-month period beginning on the applicable date described in subparagraph (A) or (B). Estimates of numbers of items installed shall be based on reliable estimates provided by producers of such items. ``(3) Action by the secretary.--Not later than 30 days after an item is determined by the Secretary under paragraph (2) to be mass-market computer equipment, the Secretary shall either-- ``(A) eliminate export controls on such equipment and publish a notice of such action in the Federal Register; or ``(B) in the case of an item controlled under the terms of an export control regime in which the United States participates with 1 or more other countries, propose the elimination of controls on such equipment in accordance with the procedures of the appropriate regime and publish a notice of such proposal in the Federal Register.''. SEC. 5. IDENTIFICATION OF PROLIFERATION END-USERS. Section 4 of the Export Administration Act of 1979 is amended by adding at the end the following new subsection: ``(k) Identification of Proliferation End-users.-- ``(1) Proliferation end-user defined.--For purposes of this subsection, the term `proliferation end-user' means any entity that is engaged, directly or indirectly, in the design, development, or production of nuclear, chemical, or biological weapons or missiles and is located in a country that is not party to a bilateral or multilateral agreement the purpose of which is to limit the spread of such weapons and activities and to which the United States is a party. ``(2) Publication of proliferation end-users.--The Secretary shall, within 10 days after communicating to any United States exporter (including by denying an export license to such exporter) that any entity has been identified as a proliferation end-user, publish in the Federal Register the name and specific validated license requirements for exports to such proliferation end-user. If such publication is not made, such entity shall be deemed not to be a proliferation end-user and exports or reexports to such entity shall not require an individual validated license solely because of activities described in paragraph (1). ``(3) Customer screening.--The Secretary shall not require, as a condition of granting any general or validated license for the export of goods or technology to any end-user in a country, that information by the export license applicant be provided regarding activities described in paragraph (1) by such end- user, unless-- ``(A) the Secretary has identified such country as engaged in the design, development, or production of nuclear, chemical, or biological weapons or missiles; or ``(B) the Secretary has determined that there is a specific risk that the exports will be diverted to a country for use in activities described in subparagraph (A).''.

Computer Equipment and Technology Export Control Reform Act - Amends the Export Administration Act of 1979 to direct the Secretary of Commerce to: (1) conduct annual reviews of export controls on computer equipment and technology; (2) increase certain export control thresholds if warranted by the review; and (3) report review findings to the Congress and the Computer Systems Technical Advisory Committee. Exempts from license requirements for export or reexport to any controlled country digital computers valued at less than $5,000. Directs the Secretary to: (1) identify specified items that will be installed for end-use outside the United States; and (2) publish in the Federal Register the name and specified license requirements for exports to a proliferation end-user (any entity engaged in the design, development, or production of nuclear, chemical, or biological weapons or missiles which is located in a country that is not party to an agreement, to which the United States is a party, to limit the spread of such weapons and activities). Prohibits the Secretary from requiring a license applicant to supply information about proliferation-related activities of an end-user, as a condition of granting a license for export of goods or technology to such end-user, unless the Secretary has: (1) identified the end-user's country as engaged in proliferation activities; or (2) determined there is a specific risk that the exports will be diverted to a country for use in such activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban and Rural Disease Prevention and Health Promotion Act of 2003''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) in 1999, 61 percent of adults in the United States were overweight or obese; (2) all age, racial, and ethnic groups, and both genders, have experienced increases in the percentage of persons who are overweight or obese; (3) each year in the United States, approximately 300,000 deaths are associated with obesity; (4) overweight and obesity are associated with heart disease, certain types of cancer, type 2 diabetes, stroke, arthritis, breathing problems, and psychological disorders, such as depression; (5) in 2000, the economic cost of obesity in the United States was approximately $117,000,000,000; (6) it is recommended that American adults accumulate at least 30 minutes, and American children accumulate at least 60 minutes, of moderate physical activity most days of the week, though more may be needed to prevent weight gain, to lose weight, or to maintain weight loss; (7) less than one-third of American adults engage in these recommended amounts of physical activity; (8) 40 percent of adults in the United States do not participate in any leisure-time physical activity; (9) physical activity is important in preventing and treating overweight and obesity and is extremely helpful in maintaining weight loss, especially when combined with healthy eating; (10) there is a direct positive relationship between the level of individual and community use of public recreational facilities and services, access to and condition of such facilities, and the diversity and quality of services relative to current and potential uses; and (11) medical and other research document a direct positive relationship between active recreation and disease prevention and general wellness. SEC. 3. GRANT AND LOAN PROGRAM FOR INDOOR DISEASE PREVENTION AND HEALTH PROMOTION CENTERS. (a) Authority.--The Secretary of Housing and Urban Development may make grants and loans in accordance with this Act to eligible entities under section 4 for the development of indoor centers for disease prevention and health promotion. (b) Centers.--For purposes of this Act, the term ``indoor disease prevention and health promotion center'' means a structure or facility, or a portion thereof, that-- (1) is used principally as an indoor recreational facility providing services, programs, and activities that result in disease prevention and health promotion, including direct recreation services for individuals and groups, information on public and personal health and wellness, health screening, and other necessary services in collaboration with public and private health professionals and other entities; (2) is owned or controlled by the eligible entity that receives the grant or loan under this Act; (3) is available for use by, and provides services to, residents of the jurisdiction of such eligible entity free of charge or at a charge not exceeding that necessary to provide for operation and maintenance of the facility and for appropriate public recreation services; and (4) is subject to such legally binding and enforceable commitments, as the Secretary shall require, to ensure that the structure or facility, or portion thereof, is used as provided in paragraph (1) for the 25-year period beginning upon the receipt of a grant or loan made under this Act; except that the Secretary may, upon the request of an entity that received a grant or loan under this Act, waive the applicability of such commitments if the Secretary finds that-- (A) environmental or other conditions have substantially reduced the public value of the facility or public access to the facility; or (B) the site or facility has substantially deteriorated, through no fault of the entity that received the grant or loan, and such entity enters into an agreement with the Secretary to obtain or provide a replacement facility that generally provides access to services for persons that were served at the original facility. SEC. 4. ELIGIBLE ENTITIES. Grants and loans under this Act may be made only to the following entities: (1) A unit of general local government. (2) An official State, metropolitan, regional, or other area agency, district, public-purpose corporation, or other limited-purpose political subdivision of a State, that is empowered under State or local laws or under an interstate compact or agreement to manage, administer, or provide public parks and recreational facilities. (3) Public authorities or agencies associated with economic or community development or restoration, whose activities support capital investments for public recreation. SEC. 5. ELIGIBLE USES OF ASSISTANCE. Amounts from a grant or loan under this Act may be used only for the development of indoor centers for disease prevention and health promotion, which shall include the following activities: (1) Planning. (2) Design. (3) Site acquisition, preparation, and construction. (4) Assessment of, and response to, site environmental conditions. (5) Landscaping. (6) New construction. (7) Rehabilitation of existing recreational structures and facilities. (8) Enhancement and expansion of public infrastructure. (9) Acquisition and conversion of existing non-recreational structures and facilities. SEC. 6. GRANT AND LOAN REQUIREMENTS. (a) Amount.--The Secretary may not make a grant or loan under this Act for any fiscal year to any eligible entity that has received a grant or loan during any of the preceding three fiscal years. (b) Loans.--Loans made with amounts made available under this Act shall be subject to the following requirements: (1) No interest loans.--Loans shall not bear interest. (2) Term.--Loans shall have a term to maturity not to exceed 10 years. (3) Revolving loan fund.--Loan amounts repaid to the Secretary shall be available to the Secretary, without fiscal year limitation, for making additional loans under this Act. (4) Other conditions.--Loans shall be subject to such other terms and conditions as the Secretary may establish. (c) Applications.--The Secretary shall provide for eligible entities to submit applications for grants and loans under this Act. (d) Selection Criteria.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall cause to be published in the Federal Register a list of criteria for the selection of applicant eligible entities for grants and loans under this Act. Such criteria shall be based upon factors that the Secretary considers are appropriate to determine need among communities for Federal financial assistance for development of indoor disease prevention and health promotion centers. (e) Review of Applications and Selection.-- (1) Review panel.--The Secretary shall appoint a panel of experts in the fields of public recreation, public health, and community health care to review applications for grants and loans under this Act and to make recommendations to the Secretary for selection of such applications for grants and loans based upon the criteria established pursuant to subsection (d). (2) Selection.--The Secretary shall select eligible entities that have submitted applications for grants and loans under this Act to receive such assistance, based upon the criteria established pursuant to subsection (d) and taking into consideration the recommendations of the panel established pursuant to paragraph (1) of this subsection. SEC. 7. ALLOCATION OF AMOUNTS. (a) Regional Allocation.--Of any amounts made available for assistance under this Act for each fiscal year-- (1) 50 percent shall be made available for grants and loans for the development of indoor disease prevention and health promotion centers that will be located in units of general local government having a population of 50,000 or less; and (2) 50 percent shall be made available for grants and loans for the development of indoor disease prevention and health promotion centers that will be located in units of general local government having a population of more than 50,000. (b) Allocation for Grants and Loans.--Of any amounts made available for assistance under this Act for each fiscal year, the Secretary shall make not more than 10 percent available for loans under this Act. SEC. 8. MATCHING FUNDS REQUIREMENT. (a) In General.--The amount of a grant made under this Act by the Secretary to any eligible entity may not exceed the amount that the eligible entity certifies, as the Secretary shall require, that the entity will contribute from non-Federal sources for the activities under section 5. (b) Supplemental Funds.--In determining the amount contributed for purposes of meeting the requirement under subsection (a), an eligible entity may include the value of any donated material or building, the value of any lease on a building, and the value of any administrative or other costs incurred by an eligible entity relating to carrying out the activities assisted with amounts provided under this Act and amounts contributed under this section. SEC. 9. LABOR. (a) In General.--Any contract for activities described in section 5 for an indoor center for disease prevention and health promotion that is developed in whole or in part with amounts made available under this Act shall contain-- (1) a provision requiring that not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable State or local law) by the Secretary, shall be paid to all architects, technical engineers, draftsmen, and technicians employed in the development of the center involved; and (2) a provision requiring that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to subchapter IV of chapter 31 of title 40, United States Code (40 U.S.C. 3141 et seq.), shall be paid to all laborers and mechanics employed in the development of the center involved. (b) Compliance.--Each eligible entity receiving assistance under this Act shall require certification as to compliance with the provisions of this section before making any payment under such contract. (c) Inapplicability to Volunteers.--Subsection (a) shall not apply if the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and such persons are not otherwise employed at any time in the development work. SEC. 10. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Eligible entity.--The term ``eligible entity'' means any entity that, under section 4, is eligible to receive a grant or loan under this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (3) Unit of general local government.--The term ``unit of general local government'' means any city, town, township, county, parish, village, or other general purpose political subdivision of a State. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary for grants and loans under this Act-- (1) $100,000,000 for fiscal year 2004; (2) $125,000,000 for fiscal year 2005; (3) $150,000,000 for fiscal year 2006; (4) $175,000,000 for fiscal year 2007; and (5) $200,000,000 for fiscal year 2008. SEC. 12. REGULATIONS. The Secretary may issue any regulations necessary to carry out this Act.

Urban and Rural Disease Prevention and Health Promotion Act of 2003 - Authorizes the Secretary of Housing and Urban Development to make grants and loans for the development of indoor centers for disease prevention and health promotion, specifically, indoor recreational facilities.Makes State and local government agencies and community development public authorities eligible for such grants and loans.Allocates funds according to population. Requires matching funds for grants. Requires compliance with the prevailing wage in the locality.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ghost Army Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the 23d Headquarters, Special Troops (comprised of the 23d Headquarters and Headquarters Company, Special Troops, the 603d Engineer Camouflage Battalion, the 406th Combat Engineer Company, the 3132d Signal Service Company and the Signal Company, Special, 23d Headquarters, Special Troops), and the 3133d Signal Service Company were top-secret units of the United States Army that served in Europe during World War II; (2) the 23d Headquarters, Special Troops, was actively engaged in battlefield operations from June of 1944 through March of 1945; (3) the 3133d Signal Service Company was engaged in operations in Italy in 1945; (4) the deceptive activities of these units were integral to several Allied victories across Europe and reduced casualties; (5) in evaluating the performance of these units after World War II, an Army analysis found that ``Rarely, if ever, has there been a group of such a few men which had so great an influence on the outcome of a major military campaign.''; (6) many Ghost Army soldiers were citizen-soldiers recruited from art schools, advertising agencies, communications companies, and other creative and technical professions; (7) the first 4 members of the 23d Headquarters, Special Troops, landed on D-Day and 2 became casualties while creating false beach landing sites; (8) the 23d Headquarters, Special Troops, secret deception operations commenced in France on June 14, 1944, when Task Force Mason (a 17-man detachment of the 23d led by First Lieutenant Bernard Mason) landed at Omaha Beach; (9) Task Force Mason conducted Operation Elephant from July 1 to 4, 1944, to draw enemy fire and protect the 980th Field Artillery Battalion (VIII Corps) as part of the Normandy Campaign; (10) Operation Elephant was a prelude to the 21 full-scale tactical deceptions completed by the 23d Headquarters, Special Troops; (11) often operating on or near the front lines, the 23d Headquarters, Special Troops, used inflatable tanks, artillery, airplanes and other vehicles, advanced engineered soundtracks, and skillfully crafted radio trickery to create the illusion of a sizable American forces where there were none and to draw the enemy away from Allied troops; (12) the 3132d and the 3133d Signal Service Companies, activated in Pine Camp (now Fort Drum), New York, at the Army Experimental Station in March 1944, were the only 2 active duty ``sonic deception'' ground combat units in World War II; (13) soldiers of the 23d Headquarters, Special Troops, impersonated other, larger Army units by sewing counterfeit patches onto their uniforms, painting false markings on their vehicles, and creating phony headquarters staffed by fake generals, all in an effort to feed false information to Axis spies; (14) during the Battle of the Bulge, the 23d Headquarters, Special Troops, created counterfeit radio traffic in an effort to deceive the enemy of the movement of elements of General George S. Patton's Third Army as it shifted to break through to the 101st Airborne Division and elements of 10th Armored Division in the besieged Belgian town of Bastogne; (15) in its final mission, Operation Viersen, in March 1945, the 23d Headquarters, Special Troops, conducted a tactical deception operation intended to draw German units down the Rhine River and away from the Ninth Army, allowing the Ninth Army to cross the Rhine into Germany; (16) during Operation Viersen, the 23d Headquarters, Special Troops, with the assistance of other units, impersonated 40,000 men, or 2 complete divisions of American forces, by using fabricated radio networks, soundtracks of construction work and artillery fire, and more than 600 inflatable and real vehicles; (17) according to a military intelligence officer of the 79th Infantry, ``There is no doubt that Operation Viersen materially assisted in deceiving the enemy with regard to the real dispositions and intentions of this Army.''; (18) 3 soldiers of the 23d Headquarters, Special Troops, gave their lives and dozens were injured in carrying out their mission; (19) in April 1945, the 3133d Signal Service Company conducted Operation Craftsman in support of Operation Second Wind, the successful allied effort to break through the German defensive position to the north of Florence, Italy, known as the Gothic Line; (20) along with an attached platoon of British engineers, who were inflatable decoy specialists, the 3133d Signal Service Company used sonic deception to misrepresent troop locations along this defensive line; (21) the activities of the 23d Headquarters, Special Troops and the 3133d Signal Service Company remained highly classified for more than 40 years after the war and were never formally recognized; (22) the extraordinary accomplishments of this unit are deserving of belated official recognition; and (23) the United States is eternally grateful to the soldiers of the 23d Headquarters, Special Troops and the 3133d Signal Service Company for their proficient use of innovative tactics during World War II, which saved lives and made significant contributions to the defeat of the Axis powers. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of the Congress, of a gold medal of appropriate design to the 23d Headquarters, Special Troops and the 3133d Signal Services Company in recognition of unique and highly distinguished service during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations associated with the 23d Headquarters, Special Troops and the 3133d Signal Services Company. (d) Duplicate Medals.--Under regulations that the Secretary may promulgate, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to cover the cost of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. STATUS OF MEDAL. (a) National Medal.--The gold medal struck under this Act shall be a national medal for the purposes of chapter 51 of title 31, Unites States Code. (b) Numismatic Items.--For purpose of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Ghost Army Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to award a Congressional Gold Medal to the 23rd Headquarters, Special Troops and the 3133d Signal Services Company in recognition of their service during World War II. The bill expresses the sense of Congress that the Smithsonian Institution should make the medal available for display elsewhere, particularly at other locations associated with the 23d Headquarters, Special Troops and the 3133d Signal Services Company..

SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF A MOTOR VEHICLE OR AIRCRAFT. (a) Definitions.--In this section: (1) Aircraft.--The term ``aircraft'' has the meaning provided that term in section 40102(6) of title 49, United States Code. (2) Business entity.--the term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (3) Gross negligence.--The term ``gross negligence'' means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person. (4) Intentional misconduct.--The term ``intentional misconduct'' means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (5) Motor vehicle.--The term ``motor vehicle'' has the meaning provided that term in section 30102(6) of title 49, United States Code. (6) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (7) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (b) Limitation on Liability.-- (1) In general.--Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring as a result of the operation of aircraft or a motor vehicle of a business entity loaned to a nonprofit organization for use outside of the scope of business of the business entity if-- (A) such injury or death occurs during a period that such motor vehicle or aircraft is used by a nonprofit organization; and (B) the business entity authorized the use by the nonprofit organization of motor vehicle or aircraft that resulted in the injury or death. (2) Application.--This subsection shall apply-- (A) with respect to civil liability under Federal and State law; and (B) regardless of whether a nonprofit organization pays for the use of the aircraft or motor vehicle. (c) Exception for Liability.--Subsection (b) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including any misconduct that-- (1) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (2) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); (3) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; or (4) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law. (d) Superseding Provision.-- (1) In general.--Subject to paragraph (2) and subsection (e), this Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability for a business entity for an injury or death with respect to which the conditions described in subparagraphs (A) and (B) of subsection (b)(1) apply. (2) Limitation.--Nothing in this Act shall be construed to supersede any Federal or State health or safety law. (e) Election of State Regarding Nonapplicability.--This Act shall not apply to any civil action in a State court against a volunteer, nonprofit organization, or governmental entity in which all parties are citizens of the State if such State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act shall not apply to such civil action in the State; and (3) containing no other provisions.

Exempts a business entity from civil liability for any injury or death occurring as a result of the operation of an entity's aircraft or motor vehicle loaned to a nonprofit organization for use outside the scope of business of such entity if: (1) the injury or death occurs while the aircraft or vehicle is used by the organization; and (2) the entity authorized the organization's use of the aircraft or vehicle. Provides an exception for an injury or death that results from an act or omission that constitutes gross negligence or intentional misconduct, including crimes of violence or acts of international terrorism, hate crimes, sexual offenses, or misconduct that violates Federal or State civil rights laws. Provides that this Act shall not apply in a State that enacts a statute to that effect if all parties to an action are citizens of that State.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine in the Courtroom Act of 2011''. SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS. (a) Definitions.--In this section: (1) Presiding judge.--The term ``presiding judge'' means the judge presiding over the court proceeding concerned. In proceedings in which more than 1 judge participates, the presiding judge shall be the senior active judge so participating or, in the case of a circuit court of appeals, the senior active circuit judge so participating, except that-- (A) in en banc sittings of any United States circuit court of appeals, the presiding judge shall be the chief judge of the circuit whenever the chief judge participates; and (B) in en banc sittings of the Supreme Court of the United States, the presiding judge shall be the Chief Justice whenever the Chief Justice participates. (2) Appellate court of the united states.--The term ``appellate court of the United States'' means any United States circuit court of appeals and the Supreme Court of the United States. (b) Authority of Presiding Judge To Allow Media Coverage of Court Proceedings.-- (1) Authority of appellate courts.-- (A) In general.--Except as provided under subparagraph (B), the presiding judge of an appellate court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (B) Exception.--The presiding judge shall not permit any action under subparagraph (A), if-- (i) in the case of a proceeding involving only the presiding judge, that judge determines the action would constitute a violation of the due process rights of any party; or (ii) in the case of a proceeding involving the participation of more than 1 judge, a majority of the judges participating determine that the action would constitute a violation of the due process rights of any party. (2) Authority of district courts.-- (A) In general.-- (i) Authority.--Notwithstanding any other provision of law, except as provided under clause (iii), the presiding judge of a district court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (ii) Obscuring of witnesses.--Except as provided under clause (iii)-- (I) upon the request of any witness (other than a party) in a trial proceeding, the court shall order the face and voice of the witness to be disguised or otherwise obscured in such manner as to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (II) the presiding judge in a trial proceeding shall inform each witness who is not a party that the witness has the right to request the image and voice of that witness to be obscured during the witness' testimony. (iii) Exception.--The presiding judge shall not permit any action under this subparagraph-- (I) if that judge determines the action would constitute a violation of the due process rights of any party; and (II) until the Judicial Conference of the United States promulgates mandatory guidelines under paragraph (5). (B) No media coverage of jurors.--The presiding judge shall not permit the photographing, electronic recording, broadcasting, or televising of any juror in a trial proceeding, or of the jury selection process. (C) Discretion of the judge.--The presiding judge shall have the discretion to obscure the face and voice of an individual, if good cause is shown that the photographing, electronic recording, broadcasting, or televising of the individual would threaten-- (i) the safety of the individual; (ii) the security of the court; (iii) the integrity of future or ongoing law enforcement operations; or (iv) the interest of justice. (D) Sunset of district court authority.--The authority under this paragraph shall terminate 3 years after the date of the enactment of this Act. (3) Interlocutory appeals barred.--The decision of the presiding judge under this subsection of whether or not to permit, deny, or terminate the photographing, electronic recording, broadcasting, or televising of a court proceeding may not be challenged through an interlocutory appeal. (4) Advisory guidelines.--The Judicial Conference of the United States may promulgate advisory guidelines to which a presiding judge, at the discretion of that judge, may refer in making decisions with respect to the management and administration of photographing, recording, broadcasting, or televising described under paragraphs (1) and (2). (5) Mandatory guidelines.--Not later than 6 months after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate mandatory guidelines which a presiding judge is required to follow for obscuring of certain vulnerable witnesses, including crime victims, minor victims, families of victims, cooperating witnesses, undercover law enforcement officers or agents, witnesses subject to section 3521 of title 18, United States Code, relating to witness relocation and protection, or minors under the age of 18 years. The guidelines shall include procedures for determining, at the earliest practicable time in any investigation or case, which witnesses should be considered vulnerable under this section. (6) Procedures.--In the interests of justice and fairness, the presiding judge of the court in which media use is desired has discretion to promulgate rules and disciplinary measures for the courtroom use of any form of media or media equipment and the acquisition or distribution of any of the images or sounds obtained in the courtroom. The presiding judge shall also have discretion to require written acknowledgment of the rules by anyone individually or on behalf of any entity before being allowed to acquire any images or sounds from the courtroom. (7) No broadcast of conferences between attorneys and clients.--There shall be no audio pickup or broadcast of conferences which occur in a court proceeding between attorneys and their clients, between co-counsel of a client, between adverse counsel, or between counsel and the presiding judge, if the conferences are not part of the official record of the proceedings. (8) Expenses.--A court may require that any accommodations to effectuate this Act be made without public expense. (9) Inherent authority.--Nothing in this Act shall limit the inherent authority of a court to protect witnesses or clear the courtroom to preserve the decorum and integrity of the legal process or protect the safety of an individual.

Sunshine in the Courtroom Act of 2011 - Authorizes the presiding judge of a U.S. appellate court or U.S. district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides, except when such action would constitute a violation of the due process rights of any party. Directs: (1) a district court, upon the request of any witness in a trial proceeding other than a party, to order the face and voice of the witness to be disguised or otherwise obscured to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (2) the presiding judge in a trial proceeding to inform each witness who is not a party of the right to make such request. Allows a presiding judge to obscure the face and voice of an individual if good cause is shown that photographing, electronic recording, broadcasting, or televising such features would threaten the individual's safety, the court's security, the integrity of future or ongoing law enforcement operations, or the interest of justice. Prohibits a presiding judge from permitting the photographing, electronic recording, broadcasting, or televising of any juror in a trial proceeding, or of the jury selection process. Terminates a district court's authority under this Act three years after enactment of this Act. Authorizes the Judicial Conference of the United States to promulgate advisory guidelines to which a presiding judge may refer in making decisions regarding the management and administration of photographing, recording, broadcasting, or televising described in this Act. Requires the Judicial Conference to promulgate mandatory guidelines which a presiding judge must follow for obscuring certain vulnerable witnesses. Prohibits any audio pickup or broadcast of conferences which occur in a court proceeding between attorneys and their clients, co-counsel of a client, adverse counsel, or counsel and the presiding judge, if the conferences are not part of the official record of the proceedings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Health Care Purchasing Cooperatives Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Health care spending in the United States has reached 13 percent of the Gross Domestic Product of the United States, yet 42,500,000 people, or 15.5 percent of the population, remains uninsured. (2) After nearly a decade of manageable increases in commercial insurance premiums, many employers are now faced with consecutive years of double digit premium increases. (3) Purchasing cooperatives owned by participating businesses are a proven method of achieving the bargaining power necessary to manage the cost and quality of employer- sponsored health plans and other employee benefits. (4) The Employer Health Care Alliance Cooperative has provided its members with health care purchasing power through provider contracting, data collection, activities to enhance quality improvements in the health care community, and activities to promote employee health care consumerism. (5) According to the National Business Coalition on Health, there are more than 90 employer-led coalitions across the United States that collectively purchase health care, proactively challenge high costs and the inefficient delivery of health care, and share information on quality. These coalitions represent over 7,000 employers and approximately 34,000,000 employees. (b) Purpose.--It is the purpose of this Act to build off of successful local employer-led health insurance initiatives by improving the value of their employees health care. SEC. 3. GRANTS TO SELF INSURED BUSINESSES TO FORM HEALTH CARE COOPERATIVES. (a) Authorization.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), acting through the Director of the Agency for Healthcare Research and Quality, is authorized to award grants to eligible groups who meet the criteria described in subsection (d), for the development of health care purchasing cooperatives. Such grants may be used to provide support for the professional staff of such cooperatives, and to obtain contracted services for planning, development, and implementation activities for establishing such health care purchasing cooperatives. (b) Eligible Group Defined.-- (1) In general.--For purposes of this section the term ``eligible group'' means a consortia of-- (A) two or more self-insured employers each of which are responsible for their own health insurance risk pool with respect to their employees; or (B) two or more employers each of which-- (i) have 99 employees or less; and (ii) are purchasers of health insurance (are not self-insured) for their employees. (2) No transfer of risk.--Individual employers who are members of an eligible group may not transfer insurance risk to such group. (c) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. (d) Criteria.-- (1) Feasibility study grants.-- (A) In general.--An eligible group may submit an application under subsection (c) for a grant to conduct a feasibility study concerning the establishment of a health insurance purchasing cooperative. The Secretary shall approve applications submitted under the preceding sentence if the study will consider the criteria described in paragraph (2). (B) Report.--After completion of a feasibility study under a grant under this section, an eligible group shall submit to the Secretary a report describing the results of such study. (2) Grant criteria.--The criteria described in this paragraph include the following with respect to the eligible group: (A) The ability of the group to effectively pool the health care purchasing power of employers. (B) The ability of the group to provide data to employers to enable such employers to make data-based decisions regarding their health plans. (C) The ability of the group to drive quality improvement in the health care community. (D) The ability of the group to promote health care consumerism through employee education, self-care, and comparative provider performance information. (E) The ability of the group to meet any other criteria determined appropriate by the Secretary. (e) Cooperative Grants.--After the submission of a report by an eligible group under subsection (d)(1)(B), the Secretary shall determine whether to award the group a grant for the establishment of a cooperative under subsection (a). In making a determination under the preceding sentence, the Secretary shall consider the criteria described in subsection (d)(2) with respect to the group. (f) Cooperatives.-- (1) In general.--An eligible group awarded a grant under subsection (a) shall establish or expand a health insurance purchasing cooperative that shall-- (A) be a nonprofit organization; (B) be wholly owned, and democratically governed by its member-employers; (C) exist solely to serve the membership base; (D) be governed by a board of directors that is democratically elected by the cooperative membership using a 1-member, 1-vote standard; and (E) accept any new member in accordance with specific criteria, including a limitation on the number of members, determined by the Secretary. (2) Authorized cooperative activities.--A cooperative established under paragraph (1) shall-- (A) assist the members of the cooperative in pooling their health care insurance purchasing power; (B) provide data to improve the ability of the members of the cooperative to make data-based decisions regarding their health plans; (C) conduct activities to enhance quality improvement in the health care community; (D) the ability of the group to promote health care consumerism through employee education, self-care, and comparative provider performance information; and (E) conduct any other activities determined appropriate by the Secretary. (g) Review.-- (1) In general.--Not later than 1 year after the date on which grants are awarded under this section, and every 2 years thereafter, the Secretary shall study programs funded by grants under this section and provide to the appropriate committees of Congress a report on the progress of such programs in improving the access of employees to quality, affordable health insurance. (2) Sliding scale funding.--The Secretary shall use the information included in the report under paragraph (1) to establish a schedule for scaling back payments under this section with the goal of ensuring that programs funded with grants under this section are self sufficient within 10 years. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. From the administrative funds provided to the Secretary of Health and Human Services, the Secretary may use not more than a total of $60,000,000 for fiscal years 2003 through 2012 to carry out this Act.

Promoting Health Care Purchasing Cooperatives Act - Authorizes the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, to award grants for the development of health care purchasing cooperatives by two or more employers. Includes employers who self-insure as well as those with fewer than 100 employees who purchase insurance.Permits the use of funds for professional staff support and the conduct of a feasibility study.Requires the Secretary to determine a group's eligibility for a grant to establish or expand a cooperative based upon the report of the feasibility study. Requires cooperatives to: (1) be nonprofit; (2) be wholly owned and governed by its member-employees; (3) assist members in pooling their health care insurance purchasing power; and (4) provide data and activities to improve the quality of health care decision-making.

SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS INVESTMENTS. (a) In General.--Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by adding at the end the following new section: ``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS. ``(a) Nonrecognition of Gain.--In the case of the sale of any capital asset with respect to which the taxpayer elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds-- ``(1) the cost of any eligible small business investment purchased by the taxpayer during the 12-month period beginning on the date of such sale, reduced by ``(2) any portion of such cost previously taken into account under this section. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Capital asset.--The term `capital asset' has the meaning given such term by section 1221 (determined without regard to paragraph (2) of such section), except that such term shall include gain derived from the bulk sale of inventory not in the ordinary course of a trade or business. ``(2) Investment property.--The term `investment property' means property that has the capacity to produce gross income from-- ``(A) interest, annuities, or royalties, not derived in the ordinary course of a trade or business, or ``(B) dividends. Such term shall not include expansion shares. ``(3) Purchase.--The term `purchase' has the meaning given such term by section 1043(b)(4). ``(4) Eligible small business investment.--Except as otherwise provided in this section, the term `eligible small business investment' means any stock in a domestic corporation, and any partnership interest in a domestic partnership, if-- ``(A) as of the date of issuance of such stock or partnership interest, such corporation or partnership is a qualified small business entity, and ``(B) such stock or partnership interest is acquired by the taxpayer at its original issue (directly or through an underwriter) in exchange for money or other property (not including stock). A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this section. ``(5) Qualified small business entity.-- ``(A) In general.--The term `qualified small business entity' means any domestic corporation or partnership if-- ``(i) for the taxable year of such entity in which the stock or partnership interest was issued and each prior taxable year, such entity (and any predecessor thereof) had gross receipts of less than $5,000,000, ``(ii) the primary activity of such entity (and any predecessor thereof) for the taxable year of such issuance and each prior taxable year was an activity listed in the Standard Industrial Classification Manual, 1987 (SIC), as published by the Office of Management and Budget, Executive Office of the President, as being-- ``(I) agriculture, forestry or fishing (Division A), ``(II) mining (Division B), ``(III) construction (Division C), ``(IV) manufacturing (Division D), ``(V) transportation, communications, electric, gas or sanitary service (Division E), ``(VI) wholesale trade (Division F), ``(VII) retail trade (Division (G), ``(VIII) personal services (Major Group 72, Division I), ``(IX) business services (Major Group 73, Division I), ``(X) automotive repair, services or parking (Major Group 75, Division I), ``(XI) miscellaneous repair services (Major Group 76, Division I), or ``(XII) engineering, accounting, research, management or related services (Major Group 87, Division I), ``(iii) such entity generates income from investment property only as an incidental effect of the management of a working capital pool aggregated and directed toward investing in any qualified small business entity, and ``(iv) the majority of full-time employees employed by such entity and the largest percentage, by dollar value, of independent contractors under contract to such entity are located in the United States. For purposes of clause (iii), ownership interests in entities controlled by such entity or directly involved in the primary activity referred to in clause (ii) with respect to such entity do not constitute investment property, and the Secretary may further define by regulation what constitutes an incidental holding of investment property. ``(B) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of subparagraph (A). ``(C) Special rules for determining gross receipts.--The rules of subparagraphs (B) and (C) of section 448(c)(3) shall apply for purposes of subparagraph (A)(i). ``(c) Inapplicability to Certain Gain.--Subsection (a) shall not apply to any of the following types of gain: ``(1) Gain from the sale or other disposition of property received in lieu of salary, wages, or other compensation for services performed by the taxpayer, to the extent of the fair market value of the property at the time of receipt by the taxpayer. ``(2) Gain from the sale of property that is not held for the production of income. ``(3) Gain from investment property. ``(4) Gain that is treated or characterized as ordinary income for purposes of this title. ``(5) Gain, to the extent the gain is not recognized under section 1044 or 1202, notwithstanding that the gain is derived from the sale of expansion shares. ``(d) Certain Other Rules To Apply.--Rules similar to the rules of subsections (f), (g), (h), and (j) of section 1202 (without regard to any 5-year holding period requirement) shall apply for purposes of this section. ``(e) Prohibition of Basis Adjustments.--If gain from any sale is not recognized by reason of subsection (a), such gain shall not be applied to reduce the basis for determining gain or loss of any eligible small business investment which is purchased by the taxpayer during the 12-month period described in subsection (a). ``(f) Statute of Limitations.--If any gain is realized by the taxpayer on the sale or exchange of any eligible small business investment and there is in effect an election under subsection (a) with respect to such gain, then-- ``(1) the statutory period for the assessment of any deficiency with respect to such gain shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of-- ``(A) the taxpayer's cost of purchasing the eligible small business investment which the taxpayer claims results in nonrecognition of any part of such gain, ``(B) the taxpayer's intention not to purchase any eligible small business investment within the 12-month period described in subsection (a), or ``(C) a failure to make such purchase within such 12-month period, and ``(2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations to prevent the avoidance of the purposes of this section through splitups, shell corporations, partnerships, or otherwise. ``(h) Termination.--Subsection (a) shall not apply to any taxable year beginning on or after January 1, 2003.'' (b) Report by Secretary.--Not later than December 31, 2001, the Secretary of the Treasury shall submit to each House of the Congress a report detailing the effects of section 1045 of such Code, as added by this Act. (c) Clerical Amendment.--The table of sections for part III of subchapter O of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1045. Rollover of gain to small business investments.'' (d) Effective Date.--The amendments made by this section shall apply to investments purchased after the date of the date of the enactment of this Act, for taxable years ending after such date and before January 1, 2003.

Amends the Internal Revenue Code to recognize gain on the sale of any capital asset, if the taxpayer so elects, only to the extent that the amount realized exceeds the cost of any eligible small business investment purchased by the taxpayer during the 12 months before the sale, reduced by any portion of the cost previously taken into account under these provisions. Terminates these provisions after the year 2002.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tuberculosis Prevention and Control Amendments of 1993''. SEC. 2. PROGRAMS OF CENTERS FOR DISEASE CONTROL. (a) Provision of Services for Prevention, Control, and Elimination.-- (1) In general.--Section 317(j)(2) of the Public Health Service Act (42 U.S.C. 247b(j)(2)) is amended in the first sentence-- (A) by striking ``and'' after ``1991,''; (B) by striking ``through 1995'' and inserting ``and 1992''; and (C) by inserting before the period the following: ``, $300,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998''. (2) Emergency grants.-- (A) Subject to subparagraph (B), in addition to the authorization of appropriations established in section 317(j)(2) of the Public Health Service Act for grants for the prevention, control, and elimination of tuberculosis, there are authorized to be appropriated for such grants $85,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998. (B) Grants made pursuant to subparagraph (A) shall be made by the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. The Secretary may make such a grant only if the geographic area in which activities under the grant are to be carried out has, relative to other areas, a substantial incidence of cases of tuberculosis or a substantial rate of increase in such cases. (3) Bulk purchases.-- (A) Subject to subparagraph (B), in addition to the authorization of appropriations established in section 317(j)(2) of the Public Health Service Act for grants for the prevention, control, and elimination of tuberculosis, there are authorized to be appropriated for such grants $80,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998. (B) Amounts appropriated under subparagraph (A) shall be administered by the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. For purposes of the program of grants referred to in such subparagraph, such amounts are available for making bulk purchases of medications and other supplies with respect to tuberculosis. (4) Other purposes.--Section 317(j)(2) of the Public Health Service Act (42 U.S.C. 247b(j)(2)) is amended by inserting after the first sentence the following sentence: ``The purposes for which such grants under subsection (a) for such programs may be expended include services with respect to incarceration.''. (b) Research, Demonstration Projects, Education, and Training.-- Section 317(k)(2) of the Public Health Service Act (42 U.S.C. 247b(k)(2)) is amended-- (1) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively; (2) by inserting ``(A)'' after the paragraph designation; and (3) by adding at the end the following subparagraph: ``(B) For the purpose of carrying out subparagraph (A), there are authorized to be appropriated $80,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998. The authorization of appropriations established in the preceding sentence is in addition to the authorization of appropriations established in subsection (j)(2) for carrying out this paragraph.''. (c) Training Centers Regarding Health Professionals.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, may make grants to public and nonprofit private entities for the establishment and operation of not more than 5 centers to train health professionals with respect to the prevention and control of tuberculosis, including training in identifying multi-drug resistant forms of such disease. (2) Screenings; other health services.--The purposes for which the Secretary may authorize an entity to expend a grant under paragraph (1) include screening individuals for tuberculosis, providing treatment for such disease, and referring individuals for services. (3) Facilities and equipment.--The purposes for which the Secretary may authorize an entity to expend a grant under paragraph (1) include providing for facilities and equipment for the center under such paragraph. (4) Quality of laboratories.--The Secretary may make a grant under paragraph (1) only if the entity involved provides assurances satisfactory to the Secretary that the laboratories of the center under such paragraph will have the facilities and equipment to provide sophisticated training to health professionals with respect to tuberculosis. (5) Application for grant.--The Secretary may make a grant under paragraph (1) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this subsection. (6) Amount and duration of grant.-- (A) The Secretary may not make a grant under paragraph (1) for a fiscal year in an amount exceeding $5,000,000. (B) The period during which payments are made to an entity from a grant under paragraph (1) may not exceed 3 years. The provision of such payments shall be subject to annual approval by the Secretary of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments. (7) Evaluations; dissemination of information.--The Secretary shall, directly or through contracts with public or private entities, provide for evaluations of centers operated pursuant to paragraph (1) and for the dissemination of information developed as a result of the centers. (8) Authorization of appropriations.--For the purpose of carrying out this subsection, there is authorized to be appropriated $25,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998. SEC. 3. RESEARCH THROUGH NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES. (a) Certain Duties.-- (1) In general.--Subpart 6 of part C of title IV of the Public Health Service Act (42 U.S.C. 285f) is amended by inserting after section 446 the following section: ``research and research training regarding tuberculosis ``Sec. 447. In carrying out section 446, the Director of the Institute shall conduct or support research and research training regarding the cause, diagnosis, early detection, prevention, control, and treatment of tuberculosis.''. (2) Conforming amendment.--Section 446 of the Public Health Service Act (42 U.S.C. 285f) is amended by inserting after ``Diseases'' the following: ``(hereafter in this subpart referred to as the `Institute')''. (b) Authorization of Appropriations.--Section 408(a) of the Public Health Service Act (42 U.S.C. 284c(a)) is amended by adding at the end the following new paragraph: ``(3) For the purpose of carrying out section 447 (relating to research on tuberculosis through the National Institute on Allergy and Infectious Diseases), there are authorized to be appropriated $50,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998. The authorization of appropriations established in the preceding sentence may not be construed as terminating the availability for such purpose of any other authorization of appropriations.''. SEC. 4. CONSTRUCTION OR MODERNIZATION OF HEALTH FACILITIES. Section 1610 of the Public Health Service Act (42 U.S.C. 300r) is amended by adding at the end the following subsection: ``(c)(1) With respect to services for the prevention, control, and elimination of tuberculosis, the Secretary may make grants to public and nonprofit private entities for projects for (A) construction or modernization of outpatient medical facilities which are located apart from hospitals and which will provide such services for medically underserved populations, (B) conversion of existing facilities into outpatient medical facilities or facilities for long-term care to provide such services for such populations, (C) renovation of inpatient facilities, (D) construction or renovation of facilities to provide such services with respect to incarceration. ``(2) The amount of any grant under paragraph (1) may not exceed 80 percent of the cost of the project for which the grant is made unless the project is located in an area determined by the Secretary to be an urban or rural poverty area, in which case the grant may cover up to 100 percent of such costs. ``(3) There are authorized to be appropriated for grants under paragraph (1) $100,000,000 for fiscal year 1993, $250,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998.''. SEC. 5. OPTIONAL MEDICAID COVERAGE OF TB-RELATED SERVICES FOR CERTAIN TB-INFECTED INDIVIDUALS. (a) Coverage as Optional, Categorically Needy Group.--Section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended-- (1) by striking ``or'' at the end of subclause (X), (2) by adding ``or'' at the end of subclause (XI), and (3) by adding at the end the following new subclause: ``(XII) who are described in subsection (z)(1) (relating to certain TB-infected individuals);''. (b) Group and Benefit Described.--Section 1902 of such Act is amended by adding at the end the following new subsection: ``(z)(1) Individuals described in this paragraph are individuals not described in subsection (a)(10)(A)(i)-- ``(A) who have tested positively to be infected with tuberculosis; ``(B) whose income (as determined under the State plan under this title with respect to disabled individuals) does not exceed the maximum amount of income a disabled individual described in subsection (a)(10)(A)(i) may have and obtain medical assistance under the plan; and ``(C) whose resources (as determined under the State plan under this title with respect to disabled individuals) do not exceed the maximum amount of resources a disabled individual described in subsection (a)(10)(A)(i) may have and obtain medical assistance under the plan. ``(2) For purposes of subsection (a)(10), the term `TB-related services' means each of the following services-- ``(A) prescribed drugs, ``(B) physicians' services and services described in section 1905(a)(2), ``(C) laboratory and X-ray services, ``(D) clinic services and Federally-qualified health center services, and ``(E) case management services (as defined in section 1915(g)(2)), relating to treatment of infection with tuberculosis.''. (c) Limitation on Benefits.--Section 1902(a)(10) of such Act is amended, in the matter following subparagraph (F)-- (1) by striking ``; and (XI)'' and inserting ``, (XI)'', (2) by striking ``, and (XI)'' and inserting ``, (XII)'', and (3) by inserting before the semicolon at the end the following: ``, and (XIII) the medical assistance made available to an individual described in subsection (z)(1) who is eligible for medical assistance only because of subparagraph (A)(ii)(XII) shall be limited to medical assistance for TB- related services (described in subsection (z)(2))''. (d) Conforming Expansion of Case Management Services Option.-- Section 1915(g)(1) of such Act (42 U.S.C. 1396n(g)(1)) is amended by inserting ``or to individuals described in section 1902(z)(1)(A)'' after ``or with either,''. (e) Conforming Amendment.--Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended-- (1) by striking ``or'' at the end of clause (ix), (2) by adding ``or'' at the end of clause (x), and (3) by inserting after clause (x) the following new clause: ``(xi) individuals described in section 1902(z)(1),''. (f) Effective Date.--The amendments made by this section shall apply to medical assistance furnished on or after January 1, 1994, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.

Tuberculosis Prevention and Control Amendments of 1993 - Amends the Public Health Service Act to authorize appropriations for grants for the prevention, control, and elimination of tuberculosis. Requires the Director of the National Institute of Allergy and Infectious Diseases to conduct or support research and research training regarding tuberculosis. Authorizes appropriations. Amends title XIX (Medicaid) of the Social Security Act to mandate provision to eligible persons with tuberculosis of certain drugs and services under Medicaid.

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.--No Federal entity may 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 entity 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; and (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. (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. COMMERCIAL OR FINANCIAL INFORMATION. The provisions of section 2 do not apply to a request by a Federal entity for any testimony or document that consists of only commercial or financial information unrelated to newsgathering or news and information dissemination by a covered person. SEC. 4. COMPELLED DISCLOSURE PROHIBITED. Notwithstanding any provision of section 2, in any proceeding or in connection with any issue arising under Federal law, no Federal entity may compel a covered person to disclose-- (1) the identity of a source of information-- (A) from whom the covered person obtained information; and (B) who the covered person believes to be a confidential source; or (2) any information that could reasonably be expected to lead to the discovery of the identity of such a source. SEC. 5. COMPELLED DISCLOSURE FROM THIRD PARTIES. (a) Conditions for Compelled Disclosure.--The provisions of sections 2, 3, and 4 shall apply to any testimony or document that a Federal entity seeks from a third party if such testimony or document consists of any record, information, or other communication that relates to a business transaction between such third party and a covered person. Such record, information, or other communication includes any telephone record or other record held by a telecommunications service provider, Internet service provider, or operator of an interactive computer service for a business purpose. (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 third party not later than the time at which such subpoena or request is issued to the third party; 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. 6. ACTIVITIES NOT CONSTITUTING A WAIVER. The publication or dissemination of any testimony or document (or portion of such testimony or document) sought under section 2 shall not waive the requirements of such section. The publication or dissemination of any testimony or document (or portion of such testimony or document), identity, or information described in section 4 shall not waive the prohibition described in such section. SEC. 7. DEFINITIONS. In this Act: (1) 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; (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; or (C) an employee, contractor, or other person who gathers, edits, photographs, records, prepares, or disseminates news or information for such an entity. (2) The term ``document'' means writings, recordings, and photographs, as those terms are defined by Federal Rule of Evidence 1001 (28 U.S.C. App.). (3) The term ``Federal entity'' means an entity or employee of the judicial, legislative, or executive branch of the Federal Government with the power to issue a subpoena or provide other compulsory process. (4) The term ``third party'' means a person other than a covered person.

Free Flow of Information Act of 2005 - Prohibits Federal entities from compelling covered persons (specified media outlets or their employees) to testify or produce any document unless a court determines by clear and convincing evidence that: (1) the entity has unsuccessfully attempted to obtain such testimony or document from all non-covered persons; and (2) in a criminal matter, based on information from a non-covered person, there are reasonable grounds to believe a crime has occurred and the testimony or document is essential to the investigation, prosecution, or defense; or (3) in a non-criminal matter, based on information from a non-covered person, the testimony or document is essential to a dispositive issue of substantial importance. Requires the content of compelled testimony or documents to be: (1) limited to the purpose of verifying published information; and (2) narrowly tailored in subject matter and time period covered. Excludes certain commercial or financial information from coverage under this Act. Prohibits compelled disclosure, notwithstanding this Act's conditions for such disclosure, of: (1) the identity of a confidential source; or (2) information reasonably expected to lead to the discovery of such identity. Makes this Act applicable to testimony or documents sought from third parties that are related to business transactions with covered persons. Authorizes compelled disclosure in such cases only where the covered person has received notice and an opportunity to be heard. States that publication or dissemination of testimony or documents does not waive the requirements for compelled disclosure set forth in this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Options Petroleum Energy Conservation Act of 2006''. SEC. 2. CREDIT FOR ELECTRICITY PRODUCED FROM CLIMATE NEUTRAL COMBUSTION PROCESSES. (a) In General.--Paragraph (1) of section 45(c) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(I) any climate neutral combustion resource.''. (b) Climate Neutral Combustion Resource.--Subsection (c) of section 45 of such Code is amended by adding at the end the following new paragraph: ``(10) Climate neutral combustion resource.--The term `climate neutral combustion resource' means any matter used as a fuel in a qualified facility described in subsection (d)(11).''. (c) Climate Neutral Combustion Facility.--Subsection (d) of section 45 of such Code is amended by adding at the end the following new paragraph: ``(11) Climate neutral combustion facility.--In the case of a facility which burns climate neutral combustion resources to produce electricity, the term `qualified facility' means any facility which-- ``(A) captures the carbon dioxide released during combustion and uses such carbon dioxide to recover hydrocarbon fuel from below ground, ``(B) produces no atmospheric emissions of mercury or greenhouse gases and no emissions that form fine particles, smog, or acid rain, and ``(C) is owned by the taxpayer and originally placed in service after December 31, 2006.''. (d) Effective Date.--The amendments made this section shall apply to electricity produced and sold after December 31, 2006, in taxable years ending after such date. SEC. 3. EXTENSION OF ENERGY CREDIT FOR SOLAR ENERGY PROPERTY. (a) In General.--Paragraph (2)(A)(i)(II) and paragraph (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 (relating to energy credit) are each amended by striking ``2008'' and inserting ``2012''. (b) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2007, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 4. EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) In General.--Subsection (g) of section 25D of the Internal Revenue Code of 1986 is amended by striking ``2007'' and inserting ``2011''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2007. SEC. 5. PRIZE PROGRAM. The Secretary of Energy shall establish a program to award a prize in the amount of $1,000,000,000 to the first automobile manufacturer incorporated in the United States to manufacture and sell in the United States 60,000 midsized sedan automobiles which operate on gasoline and can travel 100 miles per gallon. SEC. 6. LITHIUM ION BATTERY TECHNOLOGY. There are authorized to be appropriated to the Secretary of Energy $30,000,000 for fiscal year 2007 for the development of advanced lithium ion battery technology. SEC. 7. EXPENSING OF PROPERTY USED IN THE REFINING OF ETHANOL, METHANOL, AND BIODIESEL. (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 179D the following new section: ``SEC. 179E. ELECTION TO EXPENSE CERTAIN PROPERTY USED IN REFINING ETHANOL, METHANOL, AND BIODIESEL. ``(a) In General.--A taxpayer may elect to treat the cost of any qualified biofuel property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the property is placed in service. ``(b) Election.--An election under this section for any taxable year shall be made on the taxpayer's return of the tax imposed by this chapter for the taxable year. Such election shall be made in such manner as the Secretary may by regulations prescribe. Any election made under this section may not be revoked except with the consent of the Secretary. ``(c) Qualified Biofuel Property.--For purposes of this section-- ``(1) In general.--The term `qualified biofuel property' means any property-- ``(A) used for the refining of any biofuel, and ``(B) the original use of which commences with the taxpayer. ``(2) Biofuel.--The term `biofuel' means qualified methanol or ethanol fuel (as defined in section 4041(b)(2)(B)) and biodiesel (as defined in section 40A(d)). ``(d) Dual Use Property.--In the case of any property which is used for the refining of any biofuel and for any other use, the cost of such property taken into account under subsection (a) shall be reduced by an amount which bears the same ratio to the cost of such property as such other uses bears to all uses of such property. ``(e) Coordination With 50 Percent Expensing of Refineries.-- Section 179C shall not apply to any property taken into account under subsection (a). ``(f) Recapture.--Rules similar to the rules of section 179(d)(10) shall apply with respect to any property which ceases to be qualified biofuel property.''. (b) Conforming Amendments.-- (1) Section 1245(a) of such Code is amended by inserting ``179E,'' after ``179D,'' both places it appears in paragraphs (2)(C) and (3)(C). (2) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (J), by striking the period at the end of subparagraph (K) and inserting ``, or'', and by inserting after subparagraph (K) the following new subparagraph: ``(L) expenditures for which a deduction is allowed under section 179E.''. (3) Section 312(k)(3)(B) of such Code is amended by striking ``or 179D'' each place it appears in the heading and text and inserting ``179D, or 179E''. (4) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179D the following new item: ``Sec. 179E. Election to expense certain property used in refining ethanol, methanol, and biodiesel.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

New Options Petroleum Energy Conservation Act of 2006 - Amends the Internal Revenue Code to include any climate neutral combustion resource as a qualified energy resource for purposes of the tax credit for producing electricity from renewable sources. Defines "climate neutral combustion resource" as any facility which: (1) captures and uses carbon dioxide released during combustion to recover hydrocarbon fuel; (2) produces no emissions of mercury or greenhouse gases and no emissions that form fine particles, smog, or acid rain; and (3) is owned by the taxpayer and is placed in service after 2006. Extends through 2011 the tax credits for investment in solar energy property and for residential energy efficient property. Directs the Secretary of Energy to establish a program to award $1 billion to the first U.S. automobile manufacturer who manufactures and sells in the United States 60,000 midsized sedans which operate on gasoline and can travel at 100 miles per gallon. Authorizes appropriations for the development of advanced lithium ion battery technology. Allows a taxpayer election to expense biofuel refining property

SECTION 1. SHORT TITLE. This Act may be cited as the ``Girls Count Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the United States Census Bureau's 2013 international figures, 1 person in 12--or close to 900,000,000 people--is a girl or young woman age 10 through 24. (2) The Census Bureau's data also asserts that young people are the fastest growing segment of the population in developing countries. (3) Even though most countries do have birth registration laws, four out of ten babies born in 2012 were not registered worldwide. Moreover, an estimated 36 percent of children under the age of five worldwide (about 230 million children) do not possess a birth certificate. (4) A nationally recognized proof of birth system is important to determining a child's citizenship, nationality, place of birth, parentage, and age. Without such a system, a passport, driver's license, or other identification card is difficult to obtain. The lack of such documentation can prevent girls and women from officially participating in and benefitting from the formal economic, legal, and political sectors in their countries. (5) The lack of birth registration among girls worldwide is particularly concerning as it can exacerbate the disproportionate vulnerability of women to trafficking, child marriage, and lack of access to health and education services. (6) A lack of birth registration among women and girls can also aggravate what, in many places, amounts to an already reduced ability to seek employment, participate in civil society, or purchase or inherit land and other assets. (7) Girls undertake much of the domestic labor needed for poor families to survive: carrying water, harvesting crops, tending livestock, caring for younger children, and doing chores. (8) Accurate assessments of access to education, poverty levels, and overall census activities are hampered by the lack of official information on women and girls. Without this rudimentary information, assessments of foreign assistance and domestic social welfare programs are difficult to gauge (9) To help ensure that women and girls are considered in United States foreign assistance policies and programs, that their needs are addressed in the design, implementation, and evaluation of foreign assistance programs, and that women and girls have the opportunity to succeed, it is important that girls be counted and have access to birth certificates and other official documentation. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to-- (1) encourage countries to support the rule of law and ensure girls and boys of all ages are able to fully participate in society, including by providing birth certifications and other official documentation; (2) enhance training and capacity-building in key developing countries, local nongovernmental organizations, and other civil society organizations, including faith-based organizations and organizations representing children and families in the design, implementation, and monitoring of programs under this Act, to effectively address the needs of birth registries in countries where girls are systematically undercounted; and (3) incorporate into the design, implementation, and evaluation of policies and programs measures to evaluate the impact that such policies and programs have on girls. SEC. 4. UNITED STATES ASSISTANCE TO SUPPORT COUNTING OF GIRLS IN THE DEVELOPING WORLD. (a) Authorization.--The Secretary and the Administrator are authorized to prioritize and advance ongoing efforts to-- (1) support programs that will contribute to improved and sustainable Civil Registration and Vital Statistics Systems (CRVS) with a focus on birth registration; (2) support programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls in gaining access to birth certificates, particularly where this may help prevent exploitation, violence, and other abuse; and (3) support programs and key ministries, including programs and ministries relating to interior, youth, and education, to help increase property rights, social security, home ownership, land tenure security, inheritance rights, access to education, and economic and entrepreneurial opportunities, particularly for women and girls. (b) Coordination With Multilateral Organizations.--The Secretary and the Administrator are authorized to coordinate with the World Bank, relevant United Nations agencies and programs, and other relevant organizations to encourage and work with countries to enact, implement, and enforce laws that specifically collect data on girls and establish registration programs to ensure girls are appropriately counted and have the opportunity to be active participants in the social, legal, and political sectors of society in their countries. (c) Coordination With Private Sector and Civil Society Organizations.--The Secretary and the Administrator are authorized to work with the United States, international, and local private sector and civil society organizations, including faith-based organizations, to advocate for the registration and documentation of all girls and boys in developing countries, in order to help prevent exploitation, violence, and other abuses and to help provide economic and social opportunities. SEC. 5. REPORT. The Secretary and the Administrator shall include in relevant evaluations and reports to Congress the following information: (1) To the extent practicable, a breakdown of United States foreign assistance beneficiaries by age, gender, marital status, location, and school enrollment status. (2) A description, as appropriate, of how United States foreign assistance benefits girls. (3) Specific information, as appropriate, on programs that address the particular needs of girls. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Foreign assistance.--The term ``foreign assistance'' has the meaning given the term in section 634(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394(b)). (3) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 7. SUNSET. This Act shall expire on the date that is 5 years after the date of the enactment of this Act.

Girls Count Act of 2015 Authorizes the Secretary of State and the Administrator of the U.S. Agency for International Development to: (1) support programs that will contribute to improved civil registration and vital statistics systems with a focus on birth registration; and (2) support programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls in gaining passport access and help increase property rights, social security, land tenure, economic opportunities, and inheritance rights for women. Authorizes the Secretary and the Administrator to cooperate with multilateral organizations and private sector and civil society organizations to promote such programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Infrastructure and Technology Modernization Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner responsible for United States Customs and Border Protection of the Department of Homeland Security. (2) Maquiladora.--The term ``maquiladora'' means an entity located in Mexico that assembles and produces goods from imported parts for export to the United States. (3) Northern border.--The term ``northern border'' means the international border between the United States and Canada. (4) Southern border.--The term ``southern border'' means the international border between the United States and Mexico. (5) Secretary.--The term ``Secretary'' means the Secretary of the Department of Homeland Security. SEC. 3. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY PERSONNEL. (a) Officers and Agents.-- (1) Increase in officers and agents.--During each of fiscal years 2008 through 2012, the Secretary shall-- (A) increase the number of full-time agents and associated support staff in United States Immigration and Customs Enforcement of the Department of Homeland Security by the equivalent of at least 100 more than the number of such employees as of the end of the preceding fiscal year; and (B) increase the number of full-time officers, agricultural specialists, and associated support staff in the United States Customs and Border Protection of the Department of Homeland Security by the equivalent of at least 200 more than the number of such employees as of the end of the preceding fiscal year. (2) Waiver of fte limitation.--The Secretary is authorized to waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security to fulfill the requirements of paragraph (1). (b) Training.--The Secretary, acting through the Assistant Secretary for United States Immigration and Customs Enforcement and the Commissioner, shall provide appropriate training for agents, officers, agricultural specialists, and associated support staff of the Department of Homeland Security on an ongoing basis to utilize new technologies and to ensure that the proficiency levels of such personnel are acceptable to protect the borders of the United States. SEC. 4. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY. (a) Requirement To Update.--Not later than January 31 of each year, the Commissioner, in consultation with the Administrator of General Services shall-- (1) review the Port of Entry Infrastructure Assessment Study prepared by United States Customs and Border Protection, United States Citizenship and Immigration Services, and the General Services Administration in accordance with the matter relating to the ports of entry infrastructure assessment that is set out in the joint explanatory statement in the conference report accompanying H.R. 2490 of the 106th Congress, 1st session (House of Representatives Rep. No. 106-319, on page 67) and the nationwide strategy to prioritize and address the infrastructure needs at the land ports-of-entry prepared by the Department of Homeland Security and the General Services Administration in accordance with the Senate report accompanying H.R. 2555 of the 108th Congress, 1st session (Senate Rep. No. 108-86, on page 22); (2) update the assessment of the infrastructure needs of all United States land ports of entry; and (3) submit to Congress such updated assessment. (b) Consultation.--In preparing the updated assessment required in subsection (a), the Commissioner and the Administrator of General Services shall consult with the Director of the Office of Management and Budget, the Secretary, and appropriate officials from affected State and local agencies on the northern border or the southern border. (c) Contents.--Each updated assessment required in subsection (a) shall-- (1) identify port of entry infrastructure and technology improvement projects that would enhance border security and facilitate the flow of legitimate commerce if implemented; (2) include the projects identified in the National Land Border Security Plan required by section 5; and (3) prioritize the projects described in paragraphs (1) and (2) based on the ability of a project to-- (A) enhance the ability of United States Customs and Border Protection to achieve its mission and to support operations; (B) fulfill security requirements; and (C) facilitate trade across the borders of the United States. (d) Project Implementation.--As appropriate, the Commissioner shall implement the infrastructure and technology improvement projects described in subsection (c) in the order of priority assigned to each project under paragraph (3) of such subsection, or forward the prioritized list of infrastructure and technology improvement projects to the Administrator of General Services for implementation in the order of priority assigned to each project under such paragraph (3). (e) Divergence From Priorities.--The Commissioner may diverge from the priority order if the Commissioner determines that significantly changed circumstances, including immediate security needs, changes in infrastructure in Mexico or Canada, or other similar concerns compellingly alter the need for a project in the United States. SEC. 5. NATIONAL LAND BORDER SECURITY PLAN. (a) Requirement for Plan.--Not later than January 31 of each year, the Secretary, acting through the Commissioner, shall prepare a National Land Border Security Plan and submit such plan to Congress. (b) Consultation.--In preparing the plan required in subsection (a), the Commissioner shall consult with appropriate officials from other appropriate Federal agencies, and the State, local law enforcement agencies, and private entities that are involved in international trade across the northern border or the southern border. (c) Vulnerability Assessment.-- (1) In general.--The plan required in subsection (a) shall include a vulnerability assessment of each port of entry located on the northern border or the southern border. (2) Port security coordinators.--The Secretary, acting through the Commissioner, may establish one or more port security coordinators at each port of entry located on the northern border or the southern border-- (A) to assist in conducting a vulnerability assessment at such port; and (B) to provide other assistance with the preparation of the plan required under subsection (a). SEC. 6. EXPANSION OF COMMERCE SECURITY PROGRAMS. (a) Commerce Security Programs.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Commissioner, in consultation with the Secretary, shall develop a plan to expand the size and scope, including personnel needs, of the Customs-Trade Partnership Against Terrorism program or other voluntary government-private sector programs to strengthen and improve the overall security of the international supply chain and United States border security along the northern border and southern border. (2) Southern border demonstration program.--Not later than 180 days after the date of the enactment of this Act, the Commissioner shall establish a demonstration program along the southern border for the purpose of implementing at least one voluntary government-private sector program to strengthen and improve the overall security of the international supply chain and United States border security along such border. The program selected for the demonstration program shall have been successfully implemented along the northern border as of the date of the enactment of this Act. (b) Maquiladora Demonstration Program.--Not later than 180 days after the date of the enactment of this Act, the Commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security along the southern border. SEC. 7. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM. (a) Establishment.--The Secretary, acting through the Commissioner, shall carry out a technology demonstration program to test and evaluate new port of entry technologies, refine port of entry technologies and operational concepts, and train personnel under realistic conditions. (b) Technology and Facilities.-- (1) Technology tested.--Under the demonstration program, the Commissioner shall test technologies that enhance port of entry operations, including those related to inspections, communications, port tracking, identification of persons and cargo, sensory devices, personal detection, decision support, and the detection and identification of weapons of mass destruction. (2) Facilities developed.--At a demonstration site selected pursuant to subsection (c)(2), the Commissioner shall develop facilities to provide appropriate training to law enforcement personnel who have responsibility for border security, including cross-training among agencies, advanced law enforcement training, and equipment orientation. (c) Demonstration Sites.-- (1) Number.--The Commissioner shall carry out the demonstration program at not fewer than three sites and not more than five sites. (2) Location.--At least one of the sites selected under subsection (c) shall be located on the northern border of the United States and at least one of the sites selected under subsection (c) shall be located on the southern border of the United States. (3) Selection criteria.--To ensure that at least one of the facilities selected as a port of entry demonstration site for the demonstration program has the most up-to-date design, contains sufficient space to conduct the demonstration program, has a traffic volume low enough to easily incorporate new technologies without interrupting normal processing activity, and can efficiently carry out demonstration and port of entry operations, at least one port of entry selected as a demonstration site shall-- (A) have been established not more than 15 years before the date of the enactment of this Act; (B) consist of not less than 65 acres, with the possibility of expansion onto not less than 25 adjacent acres; and (C) have serviced an average of not more than 50,000 vehicles per month in the 12 full months preceding the date of the enactment of this Act. (d) Relationship With Other Agencies.--The Secretary, acting through the Commissioner, shall permit personnel from appropriate Federal and State agencies to utilize a demonstration site described in subsection (c) to test technologies that enhance port of entry operations, including those related to inspections, communications, port tracking, identification of persons and cargo, sensory devices, personal detection, decision support, and the detection and identification of weapons of mass destruction. (e) Report.-- (1) Requirement.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out at each demonstration site under the technology demonstration program established under this section. (2) Content.--The report shall include an assessment by the Commissioner of the feasibility of incorporating any demonstrated technology for use throughout United States Customs and Border Protection. SEC. 8. PROJECT CONSOLIDATION AND STREAMLINING; LOCAL EMPLOYMENT REQUIREMENTS. (a) Project Consolidation and Streamlining.--With respect to the implementation of infrastructure and technology improvement projects under section 4(d), the Customs-Trade Partnership Against Terrorism program or other voluntary government-private sector programs, the Southern border demonstration program, and the Maquiladora demonstration program under section 6, and the technology demonstration program under section 7, the Commissioner shall take such actions as are necessary to-- (1) consolidate, where appropriate, Federal, State, and local government and tribal contracting activities; and (2) review if Federal, State, or local government or tribal entities are carrying out similar projects or programs. (b) Review Process.-- (1) In general.--The Commissioner shall develop a coordinated review process relating to the projects and programs referred to in subsection (a) with respect to any necessary environmental review, analysis, or permit and licensing processes. Such processes shall be conducted concurrently and completed within a specific time frame, as determined by the Commissioner. (2) Agreements for review.--The Commissioner is authorized to enter into agreements with State or local governments or tribal entities for review, permits, hearings, or other process under paragraph (1) related to the projects and programs referred to in subsection (a). (3) Notification.--If the Commissioner determines that a State or local government or tribal entity has not completed a process within a specific time frame as required under paragraph (1), the Commissioner shall promptly notify Congress of such delay. (4) No duplication.--The Commissioner shall ensure, to the greatest extent practicable, that there is no duplication of efforts among Federal, State, and local government and tribal contracting activities with respect to the projects and programs referred to in subsection (a). (c) Local Employment Requirements.-- (1) In general.--In order to enter into a contract with the Department of Homeland Security related to the projects and programs referred to in subsection (a), a private business shall submit to the Commissioner a certification that not less than 50 percent of the employees of such business are local residents. (2) Waiver.--The Commissioner may waive the local employment requirement of paragraph (1) if the Commissioner determines that such requirement is inappropriate in light of such a project or program. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to any funds otherwise available, there are authorized to be appropriated-- (1) to carry out the provisions of section 3, such sums as may be necessary for fiscal years 2008 through 2012; (2) to carry out the provisions of section 4-- (A) to carry out subsection (a) of such section, such sums as may be necessary for fiscal years 2008 through 2012; and (B) to carry out subsection (d) of such section-- (i) $100,000,000 for each of fiscal years 2008 through 2012; and (ii) such sums as may be necessary in any succeeding fiscal year; (3) to carry out the provisions of section 6-- (A) to carry out subsection (a) of such section-- (i) $30,000,000 for fiscal year 2008, of which $5,000,000 shall be made available to fund the demonstration project established in paragraph (2) of such subsection; and (ii) such sums as may be necessary for fiscal years 2009 through 2012; and (B) to carry out subsection (b) of such section-- (i) $5,000,000 for fiscal year 2008; and (ii) such sums as may be necessary for fiscal years 2009 through 2012; and (4) to carry out the provisions of section 7, provided that not more than $10,000,000 may be expended for technology demonstration program activities at any one port of entry demonstration site in any fiscal year-- (A) $50,000,000 for fiscal year 2008; and (B) such sums as may be necessary for each of fiscal years 2009 through 2012. (b) International Agreements.--Funds authorized to be appropriated in this Act may be used for the implementation of projects described in the Declaration on Embracing Technology and Cooperation to Promote the Secure and Efficient Flow of People and Commerce across our Shared Border between the United States and Mexico, agreed to on March 22, 2002, in Monterrey, Mexico, (commonly known as the Border Partnership Action Plan), or the Smart Border Declaration between the United States and Canada, agreed to on December 12, 2001, in Ottawa, Canada, that are consistent with the provisions of this Act.

Border Infrastructure and Technology Modernization Act of 2007 - Directs the Secretary of the Department of Homeland Security (DHS) to: (1) increase, during FY2008-FY2012, the number of agents in the U.S. Immigration and Customs Enforcement of the DHS and the number of officers and agricultural specialists in the U.S. Customs and Border Protection of the DHS; and (2) provide such agents, officers, and agricultural specialists new technology training to a level of proficiency acceptable to protect U.S. borders. Directs the Commissioner of the U.S. Customs and Border Protection to review and update, and submit to Congress, the Port of Entry Infrastructure Assessment Study and the nationwide strategy to prioritize and address the infrastructure needs at the land ports-of-entry. Directs the Secretary to prepare annually, and submit to Congress, a National Land Border Security Plan that includes a vulnerability assessment of each port of entry located on the U.S. northern and southern borders. Authorizes the Secretary to establish one or more port security coordinators at such ports of entry. Directs the Commissioner to: (1) develop a plan to expand the Customs-Trade Partnership Against Terrorism program or other voluntary government-private sector programs to improve overall international supply chain security, including security along the U.S. northern and southern borders; and (2) establish a demonstration program to develop a cooperative trade security system to improve supply chain security along the southern border. Directs the Secretary to carry out a technology demonstration program to test and evaluate new port of entry technologies that enhance port of entry inspections and the detection of weapons of mass destruction, and to train personnel in its use. Sets forth streamlining procedures and certain local employment requirements for projects and programs under this Act.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Breastfeeding Promotion Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--AMENDMENTS TO THE CIVIL RIGHTS ACT OF 1964 Sec. 101. Findings; purposes. Sec. 102. Amendments to title VII of the Civil Rights Act of 1964. TITLE II--CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN Sec. 201. Allowance of credit for employer expenses for providing appropriate environment on business premises for employed mothers to breastfeed or express milk for their children. TITLE III--SAFE AND EFFECTIVE BREAST PUMPS Sec. 301. Short title. Sec. 302. Breast pumps. TITLE IV--DEFINITION OF MEDICAL CARE IN INTERNAL REVENUE CODE EXPANDED TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES Sec. 401. Definition of medical care expanded to include breastfeeding equipment and services. TITLE I--AMENDMENTS TO THE CIVIL RIGHTS ACT OF 1964 SEC. 101. FINDINGS; PURPOSES. (a) Findings.--Congress finds the following: (1) Women with infants and toddlers are a rapidly growing segment of the labor force today. (2) Statistical surveys of families show that over 50 percent of mothers with children less than 1 year of age are in the labor force. (3) The American Academy of Pediatrics recommends that mothers breastfeed exclusively for six months but continuing for at least the 1st year of a child's life and that arrangements be made to allow a mother's expressing of milk if mother and child must separate. (4) Research studies show that children who are not breastfed have higher rates of mortality, meningitis, some types of cancers, asthma and other respiratory illnesses, bacterial and viral infections, diarrhoeal diseases, ear infections, allergies, and obesity. (5) Research studies have also shown that breastmilk and breastfeeding have protective effects against the development of a number of chronic diseases, including juvenile diabetes, lymphomas, Crohn's disease, celiac disease, some chronic liver diseases, and ulcerative colitis. (6) Maternal benefits of breastfeeding include a reduced risk for postpartum hemorrhage and decreased risk for developing osteoporosis, ovarian cancer, and premenopausal breast cancer. (7) The health benefits to children from breastfeeding translate into a threefold decrease in parental absenteeism due to infant illness. (8) Congress intended to include breastfeeding and expressing breast milk as protected conduct under the amendment made by the Pregnancy Discrimination Act of 1978 to title VII of the Civil Rights Act of 1964. (9) Although title VII of the Civil Rights Act of 1964, as so amended, applies with respect to ``pregnancy, childbirth, or related medical conditions'', a few courts have failed to reach the conclusion that breastfeeding and expressing breast milk in the workplace are covered by such title. (b) Purposes.--The purposes of this title are-- (1) to promote the health and well-being of infants whose mothers return to the workplace after childbirth, and (2) to clarify that breastfeeding and expressing breast milk in the workplace are protected conduct under the amendment made by the Pregnancy Discrimination Act of 1978 to title VII of the Civil Rights Act of 1964. SEC. 102. AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. Section 701(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(k)) is amended-- (1) by inserting ``(including lactation)'' after ``childbirth'', and (2) by adding at the end the following: ``For purposes of this subsection, the term `lactation' means a condition that may result in the feeding of a child directly from the breast or the expressing of milk from the breast.''. TITLE II--CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN SEC. 201. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN. (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. CREDIT FOR EMPLOYER EXPENSES INCURRED TO FACILITATE EMPLOYED MOTHERS WHO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN. ``(a) In General.--For purposes of section 38, the breastfeeding promotion and support credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified breastfeeding promotion and support expenditures of the taxpayer for such taxable year. ``(b) Dollar Limitation.--The credit allowable under subsection (a) for any taxable year shall not exceed $10,000. ``(c) Qualified Breastfeeding Promotion and Support Expenditure.-- For purposes of this section-- ``(1) In general.--The term `qualified breastfeeding promotion and support expenditure' means any amount paid or incurred in connection with a trade or business of the taxpayer-- ``(A) for breast pumps and other equipment specially designed to assist mothers who are employees of the taxpayer to breastfeed or express milk for their children but only if such pumps and equipment meet such standards (if any) prescribed by the Secretary of Health and Human Services, and ``(B) for consultation services to the taxpayer or employees of the taxpayer relating to breastfeeding. ``(2) Costs of other exclusive use property included.--Such term includes any amount paid or incurred for the acquisition or lease of tangible personal property (not described in paragraph (1)(A)) which is exclusively used by mothers who are employees of the taxpayer to breastfeed or express milk for their children unless such property is located in any residence of the taxpayer or any employee of the taxpayer. ``(d) Recapture of Credit.-- ``(1) In general.--If, during any taxable year, any property for which a credit was allowed under this section is disposed of or otherwise ceases to be used by the taxpayer as required by this section, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the recapture percentage of the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under this section with respect to such property. The preceding sentence shall not apply to property leased to the taxpayer. ``(2) Recapture percentage.--For purposes of this subsection, the recapture percentage shall be determined in accordance with the following table: The recapture ``If the recapture event occurs in: percentage is: Year 1................................................. 100 Year 2................................................. 60 Year 3................................................. 30 Year 4 or thereafter................................... 0. The references to years in the preceding table are references to the consecutive taxable years beginning with the taxable year in which the property is placed in service by the taxpayer as year 1. ``(3) Certain rules to apply.--Rules similar to the rules of paragraphs (3) and (4), and subparagraphs (B) and (C) of paragraph (5), of section 50(a) shall apply for purposes of this subsection. ``(e) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--For purposes of subsection (b), all persons which are treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single taxpayer, and the dollar amount contained in such subsection shall be allocated among such persons under regulations prescribed by the Secretary. ``(2) Reduction in basis.--Rules similar to the rules of paragraphs (1) and (2) of section 50(c), and section 1016(a)(19), shall apply with respect to property for which a credit is determined under this section. ``(3) Other deductions and credits.--No deduction or credit shall be allowed under any other provision of this chapter with respect to any expenditure for which a credit is determined under this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code 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 breastfeeding promotion and support credit determined under section 45R(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45R. Credit for employer expenses incurred to facilitate employed mothers who breastfeed or express milk for their children.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. TITLE III--SAFE AND EFFECTIVE BREAST PUMPS SEC. 301. SHORT TITLE. This title may be cited as the ``Safe and Effective Breast Pumps Act''. SEC. 302. BREAST PUMPS. (a) Performance Standards.--The Secretary of Health and Human Services shall take such action as may be appropriate to put into effect a performance standard for breast pumps irrespective of the class to which the breast pumps have been classified under section 513 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c). In establishing such standard, the Secretary shall identify those pumps appropriate for use on a regular basis in a place of employment based on the efficiency and effectiveness of the pump and on sanitation factors related to communal use. Action to put into effect a performance standard shall be taken within one year of the date of the enactment of this Act. (b) Compliance Policy Guide.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information respecting breast pumps. TITLE IV--DEFINITION OF MEDICAL CARE IN INTERNAL REVENUE CODE EXPANDED TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES SEC. 401. DEFINITION OF MEDICAL CARE EXPANDED TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES. (a) In General.--Paragraph (1) of section 213(d) of the Internal Revenue Code of 1986 (defining medical care) is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by inserting after subparagraph (D) the following: ``(E) qualified breastfeeding equipment and services.''. (b) Qualified Breastfeeding Equipment and Services.--Subsection (d) of section 213 of such Code (relating to definitions) is amended by adding at the end the following new paragraph: ``(12) Qualified breastfeeding equipment and services.--For purposes of paragraph (1)(E), the term `qualified breastfeeding equipment and services' means-- ``(A) breast pumps and other equipment specially designed to assist a mother to breastfeed or express milk for her child but only if such pumps and equipment meet the standards (if any) prescribed by the Secretary of Health and Human Services, and ``(B) consultation services relating to breastfeeding.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. TITLE V--PRIVACY FOR BREASTFEEDING MOTHERS SEC. 501. PRIVACY FOR BREASTFEEDING MOTHERS. (a) In General.--Section 7 of the Fair Labor Standards Act (29 U.S.C. 207) is amended by adding at the end the following: ``(r)(1) An employer shall provide reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to do so. The employer shall make reasonable efforts to provide a place, other than a bathroom, that is shielded from view and free from intrusion from co- workers and the public, which may be used by an employee to express breast milk. An employer shall not be required to compensate an employee for any work time spent for such purpose. ``(2) For purposes of this subsection, the term `employer' means an employer as defined in section 3(d) who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.''. (b) Penalty.--Section 16(b) of such Act (29 U.S.C. 216(b)) is amended by inserting after the first sentence the following: ``Any employee who is harmed by a violation of section 7(r) of this Act may bring an action to enjoin such violation and to recover such equitable relief as may be appropriate to effectuate the purposes of such section.''.

Breastfeeding Promotion Act of 2009 - Amends the Civil Rights Act of 1964 to include lactation (i.e., breastfeeding or the expressing of milk from the breast) as protected conduct under such Act. Amends the Internal Revenue Code to allow employers a business-related tax credit for 50% of their qualified breastfeeding promotion and support expenditures, up to $10,000 for any taxable year. Defines "qualified breastfeeding promotion and support expenditures" as business expenses incurred for breast pumps and other equipment specially designed to assist mothers who are breastfeeding their children and for consultation services relating to breastfeeding. Expands the tax deduction for medical expenses to include expenses for breastfeeding equipment and consultation services. Safe and Effective Breast Pumps Act - Directs the Secretary of Health and Human Services (HHS) to: (1) effect a performance standard for breast pumps without regard to their classification under the Federal Food, Drug, and Cosmetic Act; and (2) issue a compliance policy guide to provide women with information about breast pumps. Amends the Fair Labor Standards Act to require employers with 50 or more employees to provide their breastfeeding employees with break time and private areas to express breast milk for their nursing children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Teen Pregnancy Act''. SEC. 2. TEENAGE PREGNANCY PREVENTION. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXVIII--TEENAGE PREGNANCY PREVENTION ``SEC. 2801. TEENAGE PREGNANCY PREVENTION GRANTS. ``(a) Authority.--The Secretary may award on a competitive basis grants to public and private entities to establish or expand teenage pregnancy prevention programs. ``(b) Grant Recipients.--Grant recipients under this section may include State and local not-for-profit coalitions working to prevent teenage pregnancy, State, local, and tribal agencies, schools, entities that provide afterschool programs, and community and faith-based groups. ``(c) Priority.--In selecting grant recipients under this section, the Secretary shall give-- ``(1) highest priority to applicants seeking assistance for programs targeting communities or populations in which-- ``(A) teenage pregnancy or birth rates are higher than the corresponding State average; or ``(B) teenage pregnancy or birth rates are increasing; and ``(2) priority to applicants seeking assistance for programs that-- ``(A) will benefit underserved or at-risk populations such as young males or immigrant youths; or ``(B) will take advantage of other available resources and be coordinated with other programs that serve youth, such as workforce development and afterschool programs. ``(d) Use of Funds.--Funds received by an entity as a grant under this section shall be used for programs that-- ``(1) replicate or substantially incorporate the elements of one or more teenage pregnancy prevention programs that have been proven (on the basis of rigorous scientific research) to delay sexual intercourse or sexual activity, increase condom or contraceptive use (without increasing sexual activity), or reduce teenage pregnancy; and ``(2) incorporate one or more of the following strategies for preventing teenage pregnancy: encouraging teenagers to delay sexual activity; sex and HIV education; interventions for sexually active teenagers; preventive health services; youth development programs; service learning programs; and outreach or media programs. ``(e) Applications.--Each entity seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(f) Matching Funds.-- ``(1) In general.--The Secretary may not award a grant to an applicant for a program under this section unless the applicant demonstrates that it will pay, from funds derived from non-Federal sources, at least 25 percent of the cost of the program. ``(2) Applicant's share.--The applicant's share of the cost of a program shall be provided in cash or in kind. ``(g) Supplementation of Funds.--An entity that receives funds as a grant under this section shall use the funds to supplement and not supplant funds that would otherwise be available to the entity for teenage pregnancy prevention. ``(h) Evaluations.-- ``(1) In general.--The Secretary shall-- ``(A) conduct or provide for a rigorous evaluation of 10 percent of programs for which a grant is awarded under this section; ``(B) collect basic data on each program for which a grant is awarded under this section; and ``(C) upon completion of the evaluations referred to in subparagraph (A), submit to the Congress a report that includes a detailed statement on the effectiveness of grants under this section. ``(2) Cooperation by grantees.--Each grant recipient under this section shall provide such information and cooperation as may be required for an evaluation under paragraph (1). ``(i) Definition.--For purposes of this section, the term `rigorous scientific research' means based on a program evaluation that: ``(1) Measured impact on sexual or contraceptive behavior, pregnancy or childbearing. ``(2) Employed an experimental or quasi-experimental design with well-constructed and appropriate comparison groups. ``(3) Had a sample size large enough (at least 100 in the combined treatment and control group) and a follow-up interval long enough (at least six months) to draw valid conclusions about impact. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2002, and such sums as may be necessary thereafter. In addition, there are authorized to be appropriated for evaluations under subsection (h) such sums as may be necessary for fiscal year 2002 and each fiscal year thereafter.''.

Preventing Teen Pregnancy Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award, on a competitive basis, grants to public and private entities to establish or expand teenage pregnancy prevention programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Protection Act of 1997''. SEC. 2. FINDINGS AND PURPOSE. The Congress finds and declares that-- (1) the willingness of volunteers to offer their services is deterred by the potential for liability actions against them and the organizations they serve; (2) as a result, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, and other civic programs, have been adversely affected by the withdrawal of volunteers from boards of directors and service in other capacities; (3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating; (4) because Federal funds are expended on useful and cost- effective social service programs, many of which are national in scope, depend heavily on volunteer participation, and represent some of the most successful public-private partnerships, protection of volunteerism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal legislation; (5) services and goods provided by volunteers and nonprofit organizations would often otherwise be provided by private entities that operate in interstate commerce; (6) due to high liability costs and unwarranted litigation costs, volunteers and nonprofit organizations face higher costs in purchasing insurance, through interstate insurance markets, to cover their activities; and (7) reform efforts should respect the role of the States in the development of civil justice rules, but recognize the national Government's role. (b) Purpose.--The purpose of this Act is to promote the interests of social service program beneficiaries and taxpayers and to sustain the availability of programs, nonprofit organizations, and governmental entities that depend on volunteer contributions by reforming the laws to provide certain protections from liability abuses related to volunteers serving nonprofit organizations and governmental entities. SEC. 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) Preemption.--This Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability relating to-- (1) volunteers or to any category of volunteers in the performance of services for a nonprofit organization or governmental entity; and (2) nonprofit organizations or governmental entities. (b) Election of State Regarding Nonapplicability.--This Act shall not apply to any civil action in a State court against a volunteer, nonprofit organization, or governmental entity in which all parties are citizens of the State if such State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act shall not apply to such civil action in the State; and (3) containing no other provisions. SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS. (a) Liability Protection for Volunteers.--Except as provided in subsections (b) and (d), no volunteer of a nonprofit organization or governmental entity shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity if-- (1) the volunteer was acting within the scope of the volunteer's responsibilities in the nonprofit organization or governmental entity at the time of the act or omission; (2) if appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the volunteer's responsibilities in the nonprofit organization or governmental entity; and (3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the volunteer. (b) Concerning Responsibility of Volunteers to Organizations and Entities.--Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity. (c) No Effect on Liability of Organization or Entity.--Except as provided under subsection (e), nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to harm caused to any person. (d) Exceptions to Volunteer Liability Protection.--If the laws of a State limit volunteer liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section: (1) A State law that requires a nonprofit organization or governmental entity to adhere to risk management procedures, including mandatory training of volunteers. (2) A State law that makes the organization or entity liable for the acts or omissions of its volunteers to the same extent as an employer is liable for the acts or omissions of its employees. (3) A State law that makes a limitation of liability inapplicable if the volunteer was operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or vehicle owner to possess an operator's license or to maintain insurance. (4) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. (5) A State law that makes a limitation of liability applicable only if the nonprofit organization or governmental entity provides a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the organization or entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified. (e) Limitation on Punitive Damages of Volunteers, Nonprofit Organizations, and Governmental Entities.-- (1) General rule.--Punitive damages may not be awarded against a volunteer, nonprofit organization, or governmental entity in an action brought for harm because of the action of a volunteer acting within the scope of the volunteer's responsibilities to a nonprofit organization or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed. (2) Construction.--Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any State law to the extent that such law would further limit the award of punitive damages. (f) Exceptions to Limitations on Liability.--The limitations on the liability of a volunteer, nonprofit organization, or governmental entity under this section shall not apply to any misconduct that-- (1) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (2) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); (3) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; (4) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or (5) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct. SEC. 5. LIABILITY FOR NONECONOMIC LOSS. (a) General Rule.--In any civil action against a volunteer, nonprofit organization, or governmental entity based on an action of a volunteer acting within the scope of the volunteer's responsibilities to a nonprofit organization or governmental entity, the liability of each defendant who is a volunteer, nonprofit organization, or governmental entity for noneconomic loss shall be determined in accordance with subsection (b). (b) Amount of Liability.-- (1) In general.--Each defendant shall be liable only for the amount of noneconomic loss allocated to the defendant in direct proportion to the percentage of responsibility of the defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which the defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to the preceding sentence. (2) Percentage of responsibility.--For purposes of determining the amount of noneconomic loss allocated to a defendant under this section, the trier of fact shall determine the percentage of responsibility of each person responsible for the claimant's harm, whether or not such person is a party to the action. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (2) Harm.--The term ``harm'' includes physical, nonphysical, economic, and noneconomic losses. (3) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. (4) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (6) Volunteer.--The term ``volunteer'' means an individual performing services for a nonprofit organization or a governmental entity who does not receive-- (A) compensation (other than reimbursement or allowance for expenses actually incurred); or (B) any other thing of value in lieu of compensation, in excess of $500 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer. SEC. 7. EFFECTIVE DATE. (a) In General.--This Act shall take effect 90 days after the date of enactment of this Act. (b) Application.--This Act applies to any claim for harm caused by an act or omission of a volunteer where that claim is filed on or after the effective date of this Act, without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective date.

Volunteer Protection Act of 1997 - States that this Act preempts inconsistent State law except when such law provides additional protection from liability relating to volunteers, nonprofit organizations, or governmental entities. Exempts a volunteer of a nonprofit organization or governmental entity from liability for harm caused by an act or omission of the volunteer on behalf of such organization or entity if: (1) the volunteer was acting within the scope of his or her responsibilities at the time; (2) if appropriate or required, the volunteer was properly licensed or otherwise authorized for the activities or practice in the State in which the harm occurred; and (3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed. Prohibits the award of punitive damages against a volunteer, organization, or entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct or a conscious, flagrant indifference to the rights or safety of the individual harmed. Provides exceptions. Makes each volunteer, organization, or entity liable for noneconomic loss only in the amount allocated to such defendant in direct proportion to the percentage of responsibility for the harm for which the defendant is liable. Requires the trier of fact to determine such percentage of responsibility.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Grandparents Raising Grandchildren Act''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 80 percent of Americans over the age of 65 are grandparents and more than 2,500,000 grandparents in the United States are the primary caretaker of their grandchildren. Experts report that such numbers are increasing as the opioid epidemic expands. (2) Grandparents' lives are enhanced by caring for their grandchildren; the overwhelming majority of grandparents report experiencing significant benefits in serving as their grandchildren's primary caregivers. (3) Providing full-time care to their grandchildren may increase grandparents' likelihood of experiencing physical illness and mental health problems and decrease their ability to save for retirement. (4) Grandparents raising grandchildren may face difficulty enrolling their grandchildren in school, medical care, and Federal assistance services. (5) The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) includes services that support grandfamilies, including the National Family Caregiver Support Program. (6) Grandparents would benefit from better coordination and information about resources available to support them in their caregiving responsibilities. SEC. 3. FEDERAL TASK FORCE TO SUPPORT GRANDPARENTS RAISING GRANDCHILDREN. (a) Establishment.--There is established a Federal Task Force To Support Grandparents Raising Grandchildren (referred to in this section as the ``Task Force''). (b) Membership.-- (1) In general.--The Task Force shall be composed of the following members, or their designee: (A) The Secretary of Health and Human Services. (B) The Attorney General. (C) The Administrator of the Administration for Community Living. (D) The Director of the Centers for Disease Control and Prevention. (E) The Assistant Secretary for Mental Health and Substance Use. (F) The Assistant Secretary for the Administration for Children and Families. (G) The head of each Federal department, agency, or other governmental entity identified by the Secretary of Health and Human Services as having responsibilities, or administering programs, relating to current issues affecting grandparents or other relatives raising children in their care. (2) Lead agency.--The Department of Health and Human Services shall be the lead agency for the Task Force. (3) Requirement.--Each member of the Task Force shall be an officer or employee of the Federal Government. (c) Duties.-- (1) In general.-- (A) Information.--The Task Force shall identify, promote, coordinate, and disseminate information publicly about Federal information, resources, and best practices available, on the date of the determination, to help grandparents or other relatives raising children in their care meet the health, educational, nutritional, and other needs of the children in their care as well as maintain their own physical and mental health and emotional well-being, including those raising children in their care as a result of the opioid epidemic. (B) Native americans.--In carrying out the duties described in subparagraph (A), the Task Force shall ensure that the needs of members of Native American tribes are addressed. (2) Report.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Task Force shall submit a report to the Special Committee on Aging and the Committee on Health, Education, Labor, and Pensions of the Senate that includes-- (i) best practices, resources, and other useful information for grandparents and other relatives raising children in their care; and (ii) an identification of the gaps in needs of grandparents and other relatives raising children in their care. (B) Follow-up report.--Not later than the date that is 2 years after the date the report under subparagraph (A) is submitted, the Task Force shall submit a follow- up report to the Special Committee on Aging and the Committee on Health, Education, Labor, and Pensions of the Senate that includes the information described in subparagraph (A). (3) Process for public input.--The Task Force shall establish a process for public input to inform the development of, and updates to, the best practices, resources, and other useful information and the gaps in needs described in paragraph (2), including a process for the public to submit recommendations to the Task Force and an opportunity for public comment. (d) Sunset.--The Task Force shall terminate on the date that is 5 years after the date of enactment of this Act.

Supporting Grandparents Raising Grandchildren Act This bill establishes a Federal Task Force to Support Grandparents Raising Grandchildren. The task force shall identify, promote, coordinate, and publicly disseminate information and resources to help grandparents or other relatives meet the needs of the children in their care and maintain their own health and emotional well-being. The task force terminates after five years.

SECTION 1. SHORT TITLE. This title may be cited as the ``Discretionary Spending Reduction and Control Act of 1995''. SEC. 2. DISCRETIONARY SPENDING LIMITS. (a) Limits.--Section 601(a)(2) of the Congressional Budget Act of 1974 is amended by striking subparagraphs (A), (B), (C), (D), and (F), by redesignating subparagraph (E) as subparagraph (A) and by striking ``and'' at the end of that subparagraph, and by inserting after subparagraph (A) the following new subparagraphs: ``(B) with respect to fiscal year 1996-- ``(i) for the defense category $265,406,000,000 in new budget authority and $264,043,000,000 in outlays; and ``(ii) for the nondefense category $219,668,000,000 in new budget authority and $267,725,000,000 in outlays; ``(C) with respect to fiscal year 1997-- ``(i) for the defense category $267,962,000,000 in new budget authority and $265,734,000,000 in outlays; and ``(ii) for the nondefense category $214,468,000,000 in new budget authority and $254,561,000,000 in outlays; ``(D) with respect to fiscal year 1998-- ``(i) for the defense category $269,731,000,000 in new budget authority and $264,531,000,000 in outlays; and ``(ii) for the nondefense category $220,961,000,000 in new budget authority and $248,101,000,000 in outlays; ``(E) with respect to fiscal year 1999, for the discretionary category $482,207,000,000 in new budget authority and $510,482,000,000 in outlays; ``(F) with respect to fiscal year 2000, for the discretionary category $489,379,000,000 in new budget authority and $514,234,000,000 in outlays; ``(G) with respect to fiscal year 2001, for the discretionary category $496,601,000,000 in new budget authority and $516,403,000,000 in outlays; and ``(H) with respect to fiscal year 2002, for the discretionary category $498,837,000,000 in new budget authority and $515,075,000,000 in outlays;''. (b) Committee Allocations and Enforcement.--Section 602 of the Congressional Budget Act of 1974 is amended-- (1) in subsection (c), by striking ``1995'' and inserting ``2002'' and by striking its last sentence; and (2) in subsection (d), by striking ``1992 to 1995'' in the side heading and inserting ``1995 to 2002'' and by striking ``1992 through 1995'' and inserting ``1995 through 2002''. (c) Five-Year Budget Resolutions.--Section 606 of the Congressional Budget Act of 1974 is amended-- (1) in subsection (a), by striking ``1992, 1993, 1994, or 1995'' and inserting ``1995, 1996, 1997, 1998, 1999, 2000, 2001, or 2002''; and (2) in subsection (d)(1), by striking ``1992, 1993, 1994, and 1995'' and inserting ``1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002'', and by striking ``(i) and (ii)''. (d) Effective Date.--Section 607 of the Congressional Budget Act of 1974 is amended by striking ``1991 to 1998'' and inserting ``1995 to 2002''. (e) Sequestration Regarding Crime Trust Fund.--(1) Section 251A(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking subparagraphs (B), (C), and (D) and its last two sentences and inserting the following: ``(B) For fiscal year 1996, $1,827,000,000. ``(C) For fiscal year 1997, $3,082,000,000. ``(D) For fiscal year 1998, $3,840,000,000. ``(E) For fiscal year 1999, $4,415,000,000. ``(F) For fiscal year 2000, $4,874,000,000. ``The appropriate levels of new budget authority are as follows: for fiscal year 1996, $3,357,000,000; for fiscal year 1997, $3,915,000,000; for fiscal year 1998, $4,306,000,000; for fiscal year 1999, $5,089,000,000; and for fiscal year 2000, $5,089,000,000.''. (2) The last two sentences of section 310002 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14212) are repealed. SEC. 3. GENERAL STATEMENT AND DEFINITIONS. (a) General Statement.--Section 250(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking the first sentence and inserting the following: ``This part provides for the enforcement of deficit reduction through discretionary spending limits and pay-as-you-go requirements for fiscal years 1995 through 2002.''. (b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by striking paragraph (4) and inserting the following: ``(4) The term `category' means all discretionary appropriations.''; (2) by striking paragraph (6) and inserting the following: ``(6) The term `budgetary resources' means new budget authority, unobligated balances, direct spending authority, and obligation limitations.''; (3) in paragraph (9), by striking ``1992'' and inserting ``1995''; (4) in paragraph (14), by striking ``1995'' and inserting ``2002''; and (5) by striking paragraph (17) and by redesignating paragraphs (18) through (21) as paragraphs (17) through (20), respectively. SEC. 4. ENFORCING DISCRETIONARY SPENDING LIMITS. Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in the side heading of subsection (a), by striking ``1991-1998'' and inserting ``1995-2002''; (2) in the first sentence of subsection (b)(1), by striking ``1992, 1993, 1994, 1995, 1996, 1997 or 1998'' and inserting ``1995, 1996, 1997, 1998, 1999, 2000, 2001, or 2002'' and by striking ``through 1998'' and inserting ``through 2002''; (3) in subsection (b)(1), by striking subparagraphs (B) and (C) and by striking ``the following:'' and all that follows through ``The adjustments'' and inserting ``the following: the adjustments''; (4) in subsection (b)(2), by striking ``1991, 1992, 1993, 1994, 1995, 1996, 1997, or 1998'' and inserting ``1995, 1996, 1997, 1998, 1999, 2000, 2001, or 2002'' and by striking ``through 1998'' and inserting ``through 2002''; (5) by striking subparagraphs (A), (B), and (C) of subsection (b)(2); (6) in subsection (b)(2)(E), by striking clauses (i), (ii), and (iii) and by striking ``(iv) if, for fiscal years 1994, 1995, 1996, 1997, and 1998'' and inserting ``If, for fiscal years 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002''; and (7) in subsection (b)(2)(F), strike everything after ``the adjustment in outlays'' and insert ``for a category for a fiscal year shall not exceed 0.5 percent of the adjusted discretionary spending limit on outlays for that fiscal year in fiscal year 1996, 1997, 1998, 1999, 2000, 2001, or 2002.''. SEC. 5. ENFORCING PAY-AS-YOU-GO. Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in the side heading of subsection (a), by striking ``1992-1998'' and inserting ``1995-2002''; (2) in subsection (d), by striking ``1998'' each place it appears and inserting ``2002''; and (3) in subsection (e), by striking ``1991 through 1998'' and inserting ``1995 through 2002'' and by striking ``through 1995'' and inserting ``through 2002''. SEC. 6. REPORTS AND ORDERS. Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subsection (d)(2), by striking ``1998'' and inserting ``2002''; and (2) in subsection (g), by striking ``1998'' each place it appears and inserting ``2002''. SEC. 7. TECHNICAL CORRECTION. Section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985, entitled ``Modification of Presidential Order'', is repealed. SEC. 8. EFFECTIVE DATE. (a) Expiration.--Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``1995'' and inserting ``2002''. (b) Expiration.--Section 14002(c)(3) of the Omnibus Budget Reconciliation Act of 1993 (2 U.S.C. 900 note; 2 U.S.C. 665 note) is repealed.

Discretionary Spending Reduction and Control Act of 1995 - Amends the Congressional Budget Act of 1974 to establish discretionary spending limits for FY 1996 through 2002. Extends congressional committee allocation and enforcement provisions and the applicability of certain points of order through FY 2002. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise and extend the budgetary amounts through FY 2000 for the Violent Crime Reduction Trust Fund. Revises the general statement of budget enforcement to apply to discretionary spending limits and pay-as-you-go requirements rather than expired maximum deficit amounts. Extends enforcement of discretionary spending limits, pay-as-you-go requirements, and reporting requirements through FY 2002.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Osteoporosis Early Detection and Prevention Act of 2004''. (b) Findings.--Congress makes the following findings: (1) Nature of osteoporosis.-- (A) Osteoporosis is a disease characterized by low bone mass and structural deterioration of bone tissue leading to bone fragility and increased susceptibility to fractures of the hip, spine, and wrist. (B) Osteoporosis has no symptoms and typically remains undiagnosed until a fracture occurs. (C) Once a fracture occurs, the condition has usually advanced to the stage where the likelihood is high that another fracture will occur. (D) There is no cure for osteoporosis, but drug therapy has been shown to reduce new hip and spine fractures by 50 percent and other treatments, such as nutrition therapy, have also proven effective. (2) Incidence of osteoporosis.--Osteoporosis is a common condition: (A) Of the 44 million Americans who have (or are at risk for) osteoporosis, 80 percent are women. (B) Annually there are 1.5 million bone fractures attributable to osteoporosis. (C) Half of all women, and one-fourth of all men, age 50 or older will have a bone fracture due to osteoporosis. (3) Impact of osteoporosis.--The cost of treating osteoporosis is significant: (A) The annual cost of osteoporosis in the United States was $17 billion in 2001. (B) The average cost in the United States of repairing a hip fracture due to osteoporosis is $37,000, while the average cost of an osteoporosis screening test ranges from $59 to $300. (C) Fractures due to osteoporosis frequently result in disability and institutionalization of individuals. (D) Because osteoporosis is a progressive condition causing fractures primarily in aging individuals, preventing fractures particularly in post menopausal women before they become eligible for medicare, has a significant potential of reducing osteoporosis-related costs under the medicare program. (4) Use of bone mass measurement.-- (A) Bone mass measurement is a non-invasive, painless, and reliable way to diagnose osteoporosis before costly fractures occur. (B) Low bone mass is as predictive of future fractures as is high cholesterol or high blood pressure of heart disease or stroke. (C) Bone mass measurement is the only reliable method of detecting osteoporosis at an early stage. (D) Under section 4106 of the Balanced Budget Act of 1997, medicare provides coverage, effective July 1, 1998, for bone mass measurement for qualified individuals who are at risk of developing osteoporosis. SEC. 2. REQUIRING COVERAGE OF BONE MASS MEASUREMENT UNDER HEALTH PLANS. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) 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 BONE MASS MEASUREMENT. ``(a) Requirements for Coverage of Bone Mass Measurement.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall include (consistent with this section) coverage for bone mass measurement for beneficiaries and participants who are qualified individuals. ``(b) Definitions Relating to Coverage.--In this section: ``(1) Bone mass measurement.--The term `bone mass measurement' means a radiologic or radioisotopic procedure or other procedure approved by the Food and Drug Administration performed on an individual for the purpose of identifying bone mass or detecting bone loss or determining bone quality, and includes a physician's interpretation of the results of the procedure. Nothing in this paragraph shall be construed as requiring a bone mass measurement to be conducted in a particular type of facility or to prevent such a measurement from being conducted through the use of mobile facilities that are otherwise qualified. ``(2) Qualified individual.--The term `qualified individual' means an individual who-- ``(A) is at clinical risk for osteoporosis, including an estrogen-deficient woman; ``(B) has vertebral abnormalities; ``(C) is receiving chemotherapy or long-term gluococorticoid (steroid) therapy; ``(D) has primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or ``(E) is being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. ``(c) Limitation on Frequency Required.--Taking into account the standards established under section 1861(rr)(3) of the Social Security Act, the Secretary shall establish standards regarding the frequency with which a qualified individual shall be eligible to be provided benefits for bone mass measurement under this section. The Secretary may vary such standards based on the clinical and risk-related characteristics of qualified individuals. ``(d) Restrictions on Cost-Sharing.-- ``(1) In general.--Subject to paragraph (2), nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to bone mass measurement under the plan (or health insurance coverage offered in connection with a plan). ``(2) Limitation.--Deductibles, coinsurance, and other cost-sharing or other limitations for bone mass measurement may not be imposed under paragraph (1) to the extent they exceed the deductibles, coinsurance, and limitations that are applied to similar services under the group health plan or health insurance coverage. ``(e) 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 to an individual 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; ``(2) provide incentives (monetary or otherwise) to individuals to encourage such individuals not to be provided bone mass measurements to which they are entitled under this section or to providers to induce such providers not to provide such measurements to qualified individuals; ``(3) prohibit a provider from discussing with a patient osteoporosis preventive techniques or medical treatment options relating to this section; or ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided bone mass measurements to a qualified individual in accordance with this section. ``(f) Rule of Construction.--Nothing in this section shall be construed to require an individual who is a participant or beneficiary to undergo bone mass measurement. ``(g) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(g) 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. ``(h) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent 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. ``(i) Preemption.-- ``(1) In general.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater benefits with respect to osteoporosis detection or prevention. ``(2) Construction.--Section 2723(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (B) 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''. (2) ERISA amendments.--(A) 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 BONE MASS MEASUREMENT. ``(a) Requirements for Coverage of Bone Mass Measurement.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall include (consistent with this section) coverage for bone mass measurement for beneficiaries and participants who are qualified individuals. ``(b) Definitions Relating to Coverage.--In this section: ``(1) Bone mass measurement.--The term `bone mass measurement' means a radiologic or radioisotopic procedure or other procedure approved by the Food and Drug Administration performed on an individual for the purpose of identifying bone mass or detecting bone loss or determining bone quality, and includes a physician's interpretation of the results of the procedure. Nothing in this paragraph shall be construed as requiring a bone mass measurement to be conducted in a particular type of facility or to prevent such a measurement from being conducted through the use of mobile facilities that are otherwise qualified. ``(2) Qualified individual.--The term `qualified individual' means an individual who-- ``(A) is at clinical risk for osteoporosis, including an estrogen-deficient woman; ``(B) has vertebral abnormalities; ``(C) is receiving chemotherapy or long-term gluococorticoid (steroid) therapy; ``(D) has primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or ``(E) is being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. ``(c) Limitation on Frequency Required.--The standards established under section 2707(c) of the Public Health Service Act shall apply to benefits provided under this section in the same manner as they apply to benefits provided under section 2707 of such Act. ``(d) Restrictions on Cost-Sharing.-- ``(1) In general.--Subject to paragraph (2), nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to bone mass measurement under the plan (or health insurance coverage offered in connection with a plan). ``(2) Limitation.--Deductibles, coinsurance, and other cost-sharing or other limitations for bone mass measurement may not be imposed under paragraph (1) to the extent they exceed the deductibles, coinsurance, and limitations that are applied to similar services under the group health plan or health insurance coverage. ``(e) 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 to an individual 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; ``(2) provide incentives (monetary or otherwise) to individuals to encourage such individuals not to be provided bone mass measurements to which they are entitled under this section or to providers to induce such providers not to provide such measurements to qualified individuals; ``(3) prohibit a provider from discussing with a patient osteoporosis preventive techniques or medical treatment options relating to this section; or ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided bone mass measurements to a qualified individual in accordance with this section. ``(f) Rule of Construction.--Nothing in this section shall be construed to require an individual who is a participant or beneficiary to undergo bone mass measurement. ``(g) 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. ``(h) Preemption.-- ``(1) In general.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater benefits with respect to osteoporosis detection or prevention. ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``714. Standards relating to benefits for bone mass measurement.''. (b) Individual Health Insurance.--(1) 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 BONE MASS MEASUREMENT. ``(a) In General.--The provisions of section 2707 (other than subsection (g)) 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(g) 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.-- ``(1) In general.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater benefits with respect to osteoporosis detection or prevention. ``(2) Construction.--Section 2762(a) shall not be construed as superseding a State law described in paragraph (1).''. (2) 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 Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 2005. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date.

Osteoporosis Early Detection and Prevention Act of 2004 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and an insurer offering group coverage, to include coverage for bone mass measurement for individuals who: (1) are at a clinical risk for osteoporosis, including estrogen-deficient women; (2) have vertebral abnormalities; (3) are receiving chemotherapy or long-term gluococorticoid (steroid) therapy; (4) have primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or (5) are being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. Allows the Secretary of Health and Human Services to regulate the frequency with which individuals will be provided this benefit. Permits cost sharing, including deductibles and coinsurance. Prohibits specified actions discouraging the use of this benefit, including: (1) denying coverage; (2) offering incentives to not obtain or provide bone mass measurements; (3) restricting provider-patient communications; and (4) penalizing or limiting reimbursements to providers. Allows State laws providing greater detection or prevention benefits. Amends the Public Health Service Act to apply these requirements to coverage offered in the individual market.

SECTION 1. AMENDMENTS. The Energy Policy and Conservation Act is amended-- (1) in section 2 (42 U.S.C. 6201)-- (A) by inserting ``and'' at the end of paragraph (6); (B) by striking ``; and'' at the end of paragraph (7) and inserting in lieu thereof a period; and (C) by striking paragraph (8); (2) in section 321 (42 U.S.C. 6291)-- (A) by striking ``or, with respect to showerheads, faucets, water closets, and urinals, water'' in paragraph (1)(A); (B) by striking ``incandescent reflector lamps, showerheads, faucets, water closets, and urinals'' in paragraph (1) and inserting in lieu thereof ``and incandescent reflector lamps''; (C) by striking ``, or, in the case of showerheads, faucets, water closets, and urinals, water use,'' in paragraph (6)(A); (D) by striking ``(15), (16), (17),'' in paragraph (6)(B); (E) by striking ``325(r)'' in paragraph (6) and inserting in lieu thereof ``325(p)''; (F) by striking ``, and in the case of showerheads, faucets, water closets, and urinals, the aggregate retail cost of water and wastewater treatment services likely to be incurred annually,'' in paragraph (7); (G) by inserting at the end of paragraph (30) the following new subparagraph: ``(T) The term `ANSI' means the American National Standards Institute.''; and (H) by striking paragraph (31); (3) in section 322(a) (42 U.S.C. 6292(a))-- (A) by striking paragraphs (15) through (18); and (B) by redesignating paragraph (19) as paragraph (15); (4) in section 323 (42 U.S.C. 6293)-- (A) by striking ``water use (in the case of showerheads, faucets, water closets, and urinals),'' in subsection (b)(3); (B) by striking ``or, in the case of showerheads, faucets, water closets, or urinals, water use'' in subsection (b)(4); (C) by striking ``, or in the case of showerheads, faucets, water closets, or urinals, representative average unit costs of water and wastewater treatment service resulting from the operation of such products during such cycle'' in subsection (b)(4); (D) by striking ``, water, and wastewater treatment'' in subsection (b)(4); (E) by striking paragraphs (7) and (8) of subsection (b); (F) by striking ``or, in the case of showerheads, faucets, water closets, and urinals, water use'' in subsection (c)(1); (G) by striking ``or, in the case of showerheads, faucets, water closets, and urinals, water use'' in subsection (c)(2); (H) by striking ``, measured energy use, or measured water use'' in subsection (e)(1) and inserting in lieu thereof ``or measured energy use''; and (I) by striking ``, energy use, or water use'' each place it appears in paragraphs (2) and (3) of subsection (e) and inserting in lieu thereof ``or energy use''; (5) in section 324 (42 U.S.C. 6294)-- (A) by striking subparagraphs (D) and (E) of subsection (a)(2); (B) by striking ``(19)'' each place it appears in subsection (a)(3) and subsection (b) and inserting in lieu thereof ``(15)''; (C) by striking ``paragraphs (15) through'' in subsection (b)(1)(B) and inserting in lieu thereof ``paragraph''; (D) by striking ``(13), (14), (15), (16), (17), and (18)'' in subsection (c)(7) and inserting in lieu thereof ``(13) and (14)''; and (E) by striking paragraph (8) of subsection (c); (6) in section 325 (42 U.S.C. 6295)-- (A) by striking ``325(n)(1)'' in subsection (i)(6)(B) and inserting in lieu thereof ``325(l)(1)''; (B) by striking subsections (j) and (k); (C) by redesignating subsections (l) through (t) as subsections (j) through (r), respectively; (D) by striking ``(19)'' in paragraphs (1) and (2) of subsection (j), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(15)''; (E) by striking ``(o) and (p)'' in subsection (j)(1), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(m) and (n)''; (F) by striking ``(o) and (p)'' in subsection (j)(3), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(m) and (n)''; (G) by striking ``(o)(2)(B)(i)(II)'' in subsection (l)(2)(C), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(m)(2)(B)(i)(II)''; (H) by striking ``or, in the case of showerheads, faucets, water closets, or urinals, water use,'' in subsection (m)(1), as so redesignated by subparagraph (C) of this paragraph; (I) by striking ``, or, in the case of showerheads, faucets, water closets, or urinals, water efficiency,'' in subsection (m)(2)(A), as so redesignated by subparagraph (C) of this paragraph; (J) by striking ``, or as applicable, water,'' in subsection (m)(2)(B)(i)(III), as so redesignated by subparagraph (C) of this paragraph; (K) by striking ``and water'' in subsection (m)(2)(B)(i)(VI), as so redesignated by subparagraph (C) of this paragraph; (L) by striking ``, and as applicable, water,'' in subsection (m)(2)(B)(iii), as so redesignated by subparagraph (C) of this paragraph; (M) by striking ``, in the case of showerheads, faucets, water closets, or urinals, water, or'' in subsection (m)(3)(B), as so redesignated by subparagraph (C) of this paragraph; and (N) by striking ``(o)'' both places it appears in subsection (n)(3)(A), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(m)''; (7) in section 326 (42 U.S.C. 6296)-- (A) by striking ``or water use'' in subsection (b)(4); and (B) by striking ``, energy use, or, in the case of showerheads, faucets, water closets, and urinals, water use'' in subsection (d)(1) and inserting in lieu thereof ``or energy use''; (8) in section 327 (42 U.S.C. 6297)-- (A) by striking ``consumption or water use'' in subsection (a)(1) and inserting in lieu thereof ``consumption''; (B) by striking ``, water use,'' in subsection (a)(1)(A); (C) by striking ``, energy efficiency, or water use'' each place it appears in subsection (a)(1)(B), subsection (b), subsection (c), and subsection (d)(1)(A), and inserting in lieu thereof ``or energy efficiency''; (D) by amending paragraph (2) of subsection (a) to read as follows: ``(2) For purposes of this section, the term `State regulation' means a law, regulation, or other requirement of a State or its political subdivisions.''; (E) by striking ``flow rate requirements for showerheads or faucets, or water use requirements for water closets or urinals,'' in subsection (b)(1); (F) by striking ``, or is a regulation (or portion thereof) regulating showerheads'' and all that follows through ``325(k) is applicable'' in subsection (b)(4); (G) by inserting ``or'' at the end of paragraph (5) of subsection (b); (H) by striking ``; or'' at the end of paragraph (6) of subsection (b) and inserting in lieu thereof a period; (I) by striking paragraph (7) of subsection (b); (J) by striking ``subparagraphs (B) and (C) of section 325(j)(3), and subparagraphs (B) and (C) of section 325(k)(3)'' in subsection (c); (K) by inserting ``or'' at the end of paragraph (2) of subsection (c); (L) by striking the semicolon at the end of paragraph (3) of subsection (c) and inserting in lieu thereof a period; (M) by striking paragraphs (4), (5), and (6) of subsection (c); (N) by striking ``or river basin commission'' each place it appears in subsection (d)(1)(A) and (B); (O) by striking ``or water'' each place it appears in subsection (d)(1)(B) and (C); (P) by striking ``, and, with respect to a State'' and all that follows through ``water supply development'' in subsection (d)(1)(C); (Q) by striking ``or, if the State'' and all that follows through ``emergency condition,'' in subsection (d)(5)(B)(i); (R) by striking ``or, in the case of a water emergency condition, water or wastewater treatment,'' in subsection (d)(5)(B)(i)(I); and (S) by striking ``or, in the case of a water emergency condition, by the importation of water,'' in subsection (d)(5)(B)(i)(II); (9) in section 336(c)(2) (42 U.S.C. 6306(c)(2)), by striking ``325(n)'' and inserting in lieu thereof ``325(l)''; and (10) in section 337 (42 U.S.C. 6307)-- (A) by striking ``(a) In General.--''; and (B) by striking subsection (b).

Amends the Energy Policy and Conservation Act to repeal authority to regulate certain plumbing products and appliances, including showerheads, faucets, water closets, and urinals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Options for Veterans Expedited Recovery Act'' or the ``COVER Act''. SEC. 2. ESTABLISHMENT AND DUTIES. (a) Establishment.--There is established the Veterans Expedited Recovery Commission (in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall perform the following duties: (1) Examine the efficacy of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating mental health illnesses of veterans and identify areas to improve wellness-based outcomes. (2) Conduct a patient-centered survey within each of the Veterans Integrated Service Networks to examine-- (A) the experience of veterans with the Department of Veterans Affairs when seeking medical assistance for mental health issues through the health care system of the Department; (B) the experience of veterans with non-Department medical facilities and health professionals for treating mental health issues; (C) the preferences of veterans regarding available treatments for mental health issues and which methods the veterans believe to be most effective; (D) the experience, if any, of veterans with respect to the complementary alternative treatment therapies described in subparagraphs (A) through (I) in paragraph (3); (E) the prevalence of prescribing prescription medication among veterans seeking treatment through the health care system of the Department as remedies for addressing mental health issues; and (F) the outreach efforts of the Secretary regarding the availability of benefits and treatments for veterans for addressing mental health issues, including by identifying ways to reduce barriers to and gaps in such benefits and treatments. (3) Examine available research on complementary alternative treatment therapies for mental health issues and identify what benefits could be made with the inclusion of such treatments for veterans, including with respect to-- (A) music therapy; (B) equine therapy; (C) training and caring for service dogs; (D) yoga therapy; (E) acupuncture therapy; (F) meditation therapy; (G) outdoor sports therapy; (H) hyperbaric oxygen therapy; (I) accelerated resolution therapy; and (J) other therapies the Commission determines appropriate. (4) Study the potential increase of claims relating to mental health issues submitted to the Secretary by veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn, including an assessment of the resources available within the Department to ensure that quality health care demands relating to such claims can be delivered in a timely manner. SEC. 3. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 10 members, appointed as follows: (A) Two members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. (B) Two members appointed by the Minority Leader of the House of Representatives, at least one of whom shall be a veteran. (C) Two members appointed by the Majority Leader of the Senate, at least one of whom shall be a veteran. (D) Two members appointed by the Minority Leader of the Senate, at least one of whom shall be a veteran. (E) Two members appointed by the President, at least one of whom shall be a veteran. (2) Qualifications.--Members of the Commission shall be-- (A) individuals who are of recognized standing and distinction within the medical community with a background in treating mental health; (B) individuals with experience working with the military and veteran population; and (C) individuals who do not have a financial interest in any of the complementary alternative treatments reviewed by the Commission. (b) Chairman.--The President shall designate a member of the Commission to be the chairman. (c) Period of Appointment.--Members of the Commission shall be appointed for the life of the Commission. (d) Vacancy.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Appointment Deadline.--The appointment of members of the Commission in this section shall be made not later than 90 days after the date of the enactment of this Act. SEC. 4. POWERS OF COMMISSION. (a) Meeting.-- (1) Initial meeting.--The Commission shall hold its first meeting not later than 30 days after a majority of members are appointed to the Commission. (2) Meeting.--The Commission shall regularly meet at the call of the Chairman. Such meetings may be carried out through the use of telephonic or other appropriate telecommunication technology if the Commission determines that such technology will allow the members to communicate simultaneously. (b) Hearing.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive evidence as the Commission considers advisable to carry out the responsibilities of the Commission. (c) Information From Federal Agencies.--The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out the duties of the Commission. (d) Information From Nongovernmental Organizations.--In carrying out section 2(b), the Commission may seek guidance through consultation with foundations, veterans service organizations, nonprofit groups, faith-based organizations, private and public institutions of higher education, and other organizations as the Commission determines appropriate. (e) Commission Records.--The Commission shall keep an accurate and complete record of the actions and meetings of the Commission. Such record shall be made available for public inspection and the Comptroller General of the United States may audit and examine such record. (f) Personnel Matters.--Upon request of the chairman of the Commission, the head of any department or agency of the Federal Government may detail, on a reimbursable basis, any personnel of that department or agency to assist the Commission in carrying out the duties of the Commission. (g) Compensation of Members; Travel Expenses.--Each member shall serve without pay, except that each member shall receive travel expenses to perform the duties of the Commission under section 2(b) of this Act, including per diem in lieu of subsistence, at rates authorized under subchapter I of chapter 57 of title 5, United States Code. (h) Staff.--The Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, without regard to the provision of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at a level IV of the Executive Schedule under section 5316 of title 5, United States Code. (i) Personnel as Federal Employees.-- (1) In general.--The executive director and any personnel of the Commission are employees under section 2105 of title 5, United States Code, for purpose of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (2) Members of the commission.--Paragraph (1) shall not be construed to apply to members of the Commission. (j) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriations Acts, enter into contracts to enable the Commission to discharge the duties of the Commission under this Act. (k) Expert and Consultant Service.--The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (l) Postal Service.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (m) Physical Facilities and Equipment.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. These administrative services may include human resource management, budget, leasing, accounting, and payroll services. SEC. 5. REPORT. (a) Interim Reports.-- (1) In general.--Not later than 60 days after the date on which the Commission first meets, and each 30-day period thereafter ending on the date on which the Commission submits the final report under subsection (b), the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate and the President a report detailing the level of cooperation the Secretary of Veterans Affairs (and the heads of other departments or agencies of the Federal Government) has provided to the Commission. (2) Other reports.--In carrying out the duties pursuant to section 2(b), at times that the Commission determines appropriate, the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate and any other appropriate entities an interim report with respect to the findings identified by the Commission. (b) Final Report.--Not later than 18 months after the first meeting of the Commission, the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate, the President, and the Secretary of Veterans Affairs a final report on the findings of the Commission. Such report shall include the following: (1) Recommendations to implement in a feasible, timely, and cost-effective manner the solutions and remedies identified within the findings of the Commission pursuant to section 2(b). (2) An analysis of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating veterans with mental health care issues, and an examination of the prevalence and efficacy of prescription drugs as a means for treatment. (3) The findings of the patient-centered survey conducted within each of the Veterans Integrated Service Networks pursuant to section 2(b)(2). (4) An examination of complementary alternative treatments described in section 2(b)(3) and the potential benefits of incorporating such treatments in the therapy model used by the Secretary for treating veterans with mental health issues. (c) Plan.--Not later than 90 days after the date on which the Commission submits the final report under subsection (b), the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the following: (1) An action plan for implementing the recommendations established by the Commission on such solutions and remedies for improving wellness-based outcomes for veterans with mental health care issues. (2) A feasible timeframe on when complementary alternative treatments described in section 2(b)(3) can be implemented Department-wide. (3) With respect to each recommendation established by the Commission, including regarding any complementary alternative treatment, that the Secretary determines is not appropriate or feasible to implement, a justification for each such determination and an alternative solution to improve the efficacy of the therapy model used by the Secretary for treating veterans with mental health issues. SEC. 6. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the Commission submits the final report under section 5(b).

Creating Options for Veterans Expedited Recovery Act or the COVER Act Establishes the Veterans Expedited Recovery Commission to examine the evidence-based therapy treatment model used by the Department of Veterans Affairs (VA) for treating mental health conditions of veterans and the potential benefits of incorporating complementary alternative treatments available in non-VA facilities and study the potential increase in claims relating to mental health issues submitted by veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn. Directs the VA, upon a report by the Commission, to submit: (1) an action plan for implementing recommendations and a time frame for implementing complementary alternative treatments, or (2) a justification for any determination that a recommendation is not appropriate and an alternative solution to improve the efficacy of the therapy model.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Climate Act of 2009''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Intergovernmental Panel on Climate Change (IPCC) has concluded that human emissions of greenhouse gases, particularly carbon dioxide are responsible for global climate change. (2) The IPCC has estimated that global temperatures will rise between 3.2-7.2 degrees Farenheit in the next 100 years if carbon dioxide emissions are not dramatically reduced. (3) An increase of even a few degrees could have major adverse impacts on both the human and man-made environments, due to rising sea-levels, intensification of weather events, mass extinction of species, and scarcity of water. (4) The United States is responsible for nearly 24 percent of the world's carbon dioxide emissions, equaling approximately six billion metric tons of carbon dioxide per year. (5) In order to stabilize the earth's climate and prevent catastrophic global climate change, the level of worldwide carbon dioxide emissions need to be reduced 80 percent by 2050. (6) A tax on fossil fuels based on carbon content will reduce the incentive to burn those fuels, thereby reducing carbon dioxide emissions. (7) Revenue collected from a tax on fossil fuels could be used to decrease taxes on low and middle-income taxpayers, to fund research and development of alternative green energy sources, or to increase funding for other domestic social priorities. SEC. 3. IMPOSITION OF CARBON TAX ON PRIMARY FOSSIL FUELS. (a) General Rule.--Chapter 38 of the Internal Revenue Code of 1986 (relating to environmental taxes) is amended by adding at the end thereof the following new subchapter: ``Subchapter E--Carbon Tax on Primary Fossil Fuels ``Sec. 4691. Imposition of tax. ``SEC. 4691. IMPOSITION OF TAX. ``(a) General Rule.--There is hereby imposed a tax on any taxable fuel sold by the manufacturer, producer, or importer thereof. ``(b) Amount of Tax.-- ``(1) In general.--The amount of tax imposed by subsection (a) on any taxable fuel shall be an equivalent amount to $10 per ton of carbon content in such fuel, as determined by the Secretary in consultation with the Secretary of Energy. ``(2) Annual increase in amount of tax.--For each calendar year beginning after 2009 and ending with the year after the target attainment year, paragraph (1) shall be applied by substituting for `$10' the following: `the amount in effect under this paragraph for the preceding calendar year, increased by $10,'. ``(3) Rate freeze after target attainment.--For the second year after the target attainment year and each year thereafter, the amount in effect under paragraph (1) shall be the amount in effect under paragraph (1) for the first year after the target attainment year. ``(4) Target attainment year.--For purposes of paragraph (2), a calendar year is the target attainment year if the level of carbon dioxide emissions in the United States for the calendar year does not exceed 20 percent of the level of carbon dioxide emissions in the United States for calendar year 1990, as determined by the Energy Information Administration, Department of Energy. ``(c) Taxable Fuel.--For purposes of this section, the term `taxable fuel' means-- ``(1) coal (including lignite and peat), ``(2) petroleum and any petroleum product (as defined in section 4612(a)(3)), and ``(3) natural gas, which is extracted, manufactured, or produced in the United States or entered into the United States for consumption, use, or warehousing. ``(d) Other Definitions.--For purposes of this section-- ``(1) United states.--The term `United States' has the meaning given such term by section 4612(a)(4). ``(2) Importer.--The term `importer' means the person entering the taxable fuel for consumption, use, or warehousing. ``(3) Ton.--The term `ton' means 2,000 pounds. In the case of any taxable fuel which is a gas, the term `ton' means the amount of such gas in cubic feet which is the equivalent of 2,000 pounds on a molecular weight basis. ``(e) Exception.--No tax shall be imposed by subsection (a) on the sale or in-kind exchange of any taxable fuel for deposit in the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act. ``(f) Special Rules.-- ``(1) Only 1 tax imposed with respect to any product.--No tax shall be imposed by subsection (a) with respect to a taxable fuel if, with respect to such fuel, the person who would be liable for such tax establishes that a prior tax imposed by such subsection has been imposed and no refund or credit with respect to such tax is allowed under subsection (g). ``(2) Fractional part of ton.--In the case of a fraction of a ton, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on a whole ton. ``(3) Use and certain exchanges by manufacturer, etc.-- ``(A) Use treated as sale.--If any person manufactures, produces, or imports any taxable fuel and uses such fuel, then such person shall be liable for tax under subsection (a) in the same manner as if such fuel were sold by such person. ``(B) Special rules for inventory exchanges.-- ``(i) In general.--Except as provided in this subparagraph, in any case in which a manufacturer, producer, or importer of a taxable fuel exchanges such fuel as part of an inventory exchange with another person-- ``(I) such exchange shall not be treated as a sale, and ``(II) such other person shall, for purposes of subsection (a), be treated as the manufacturer, producer, or importer of such fuel. ``(ii) Registration requirement.--Clause (i) shall not apply to any inventory exchange unless-- ``(I) both parties are registered with the Secretary as manufacturers, producers, or importers of taxable fuels, and ``(II) the person receiving the taxable fuel has, at such time as the Secretary may prescribe, notified the manufacturer, producer, or importer of such person's registration number and the internal revenue district in which such person is registered. ``(iii) Inventory exchange.--For purposes of this subparagraph, the term `inventory exchange' means any exchange in which 2 persons exchange property which is, in the hands of each person, property described in section 1221(a)(1). ``(g) Refund or Credit for Certain Uses.-- ``(1) Manufacture or production of another taxable fuel.-- Under regulations prescribed by the Secretary, if-- ``(A) a tax under subsection (a) was paid with respect to any taxable fuel, and ``(B) such fuel was used by any person in the manufacture or production of any other substance which is a taxable fuel, then a credit or refund (without interest) shall be allowed, in the same manner as if it were an overpayment of tax imposed by subsection (a), to such person in an amount equal to the tax so paid. ``(2) Embedded or sequestered carbon.--Under regulations prescribed by the Secretary, if-- ``(A) a tax under subsection (a) was paid with respect to any taxable fuel, ``(B) a person uses such fuel in the manufacture or production of any substance which is not a taxable fuel, and ``(C) in the process of such manufacture or production, carbon in such fuel is embedded or sequestered, then a credit or refund (without interest) shall be allowed to such person in the same manner as if it were an overpayment of tax imposed by subsection (a). The amount of such credit or refund shall be an amount equal to the amount of tax in effect under subsection (a) with respect to such fuel for the calendar year in which such manufacture or production occurred, determined on the basis of carbon so embedded or sequestered. ``(3) Limitation.--In any case to which paragraph (1) or (2) applies, the amount of any such credit or refund shall not exceed the amount of tax imposed by subsection (a) on the taxable fuel used in such manufacture or production (or which would have been imposed by such subsection on such other fuel but for subsection (h)). ``(h) Exemption for Exports of Taxable Fuels.-- ``(1) Tax-free sales.-- ``(A) In general.--No tax shall be imposed by subsection (a) on the sale by the manufacturer or producer of any taxable fuel for export or for resale by the purchaser to a second purchaser for export. ``(B) Proof of export required.--Rules similar to the rules of section 4221(b) shall apply for purposes of subparagraph (A). ``(2) Credit or refund where tax paid.-- ``(A) In general.--Except as provided in subparagraph (B), if-- ``(i) tax under subsection (a) was paid with respect to any taxable fuel, and ``(ii)(I) such fuel was exported by any person, or ``(II) such fuel was used as a material in the manufacture or production of a taxable fuel which was exported by any person and which, at the time of export, was a taxable fuel, credit or refund (without interest) of such tax shall be allowed or made to the person who paid such tax. ``(B) Condition to allowance.--No credit or refund shall be allowed or made under subparagraph (A) unless the person who paid the tax establishes that he-- ``(i) has repaid or agreed to repay the amount of the tax to the person who exported the taxable fuel, or ``(ii) has obtained the written consent of such exporter to the allowance of the credit or the making of the refund. ``(C) Refunds directly to exporter.--The Secretary shall provide, in regulations, the circumstances under which a credit or refund (without interest) of the tax under subsection (a) shall be allowed or made to the person who exported the taxable fuel, where-- ``(i) the person who paid the tax waives his claim to the amount of such credit or refund, and ``(ii) the person exporting the taxable fuel provides such information as the Secretary may require in such regulations. ``(3) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection.''. (b) Study.--Not later than 5 years after the date of the enactment of this Act, and every 5 years thereafter, the Secretary of the Treasury, in consultation with the Secretary of Energy, shall conduct a study on the environmental, economic, and revenue impacts regarding the tax imposed by subchapter E of chapter 38 of the Internal Revenue Code of 1986 (relating to carbon tax on primary fossil fuels). The Secretary shall submit each study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (c) Clerical Amendment.--The table of subchapters for chapter 38 of such Code is amended by adding at the end thereof the following new item: ``subchapter e. carbon tax on primary fossil fuels''. (d) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act.

Save Our Climate Act of 2009 - Amends the Internal Revenue Code to impose an excise tax on the carbon content of any taxable fuel sold by a manufacturer, producer, or importer. Sets the amount of such tax at $10 per ton of the carbon content in such fuel, with annual increases in the amount of such tax until the second year after the level of carbon dioxide emissions in the United States for the calendar year does not exceed 20% of the level for 1990. Defines "taxable fuel" as coal (including lignite and peat), petroleum and any petroleum product, and natural gas. Exempts from such tax the sale or in-kind exchange of fuel for deposit in the Strategic Petroleum Reserve and certain exports or resales of such fuel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Discovery Trails Act of 1996''. SEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS. (a) National Discovery Trails Established.--Section 3(a) of the National Trails System Act (16 U.S.C. 1242(a)) is amended by inserting after paragraph (4) the following: ``(5) National discovery trails, established under section 5, which will be extended, continuous interstate trails so located as to provide for outstanding outdoor recreation and travel and to connect representative examples of America's trails and communities. National discovery trails should provide for the conservation and enjoyment of significant natural, cultural, and historic resources associated with each trail and should be so located as to represent metropolitan, urban, rural, and back-country regions of the Nation. The appropriate Secretary shall administer national discovery trails in cooperation with a nonprofit organization.''. (b) Designation of the American Discovery Trail as a National Discovery Trail.--Section 5(a) of such Act (16 U.S.C. 1244(a)) is amended-- (1) by redesignating the paragraph relating to the California National Historic Trail as paragraph 18; (2) by redesignating the paragraph relating to the Pony Express National Historic Trail as paragraph 19; and (3) by adding at the end the following: ``(20) The American Discovery Trail, a trail of approximately 6,000 miles extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling through Delaware, Maryland, Washington, DC, West Virginia, Ohio, and Kentucky, where near Cincinnati it splits into 2 routes. The Northern Midwest route winds through Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the Southern Midwest route explores Indiana, Illinois, Missouri, Kansas, and Colorado. After rejoining in Denver, Colorado, the route continues through Colorado, Utah, Nevada, and California. The trail is generally described in volume 2 of the National Park Service feasibility study dated June 1995 which shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, Washington, DC. The American Discovery Trail shall be administered by the Secretary of the Interior in cooperation with a nonprofit organization and other affected land managing agencies. No lands or interests outside the exterior boundaries of federally administered areas may be acquired by the United States solely for the American Discovery Trail. This trail is exempted from sections 5(d), 7(e), 7(f), and 7(g).''. (c) Comprehensive National Scenic Trail Plan.--Section 5(e) of such Act (16 U.S.C. 1244(e)) is amended by striking the first sentence through ``as part of the system,'' and inserting ``Within two complete fiscal years of the date of enactment of legislation designating a national scenic trail, except for the Continental Divide National Scenic Trail and the North Country National Scenic Trail, or a national discovery trail, except for the American Discovery Trail, as part of the system,''. (d) Comprehensive Plan for American Discovery Trail.--Section 5 of such Act (16 U.S.C. 1244) is amended by adding at the end the following: ``(g) The Secretary of the Interior shall enter into arrangements with a nonprofit organization to submit (within 3 complete fiscal years after the date of the enactment of this subsection) a comprehensive plan for the protection, management, development, and use of the American Discovery Trail, to the Committee on Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The Secretary shall ensure that the comprehensive plan does not conflict with any existing agency direction and that the nonprofit organization consults with affected Federal land-managing agencies, the Governors of the affected States, county and local political jurisdictions, and local organizations maintaining components of the trail. Mandatory components of the comprehensive plan include-- ``(1) specific objectives and practices to be observed in the administration and management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, model agreements necessary for joint trail administration among and between interested parties, and an identified carrying capacity of the trail and a plan for its implementation; ``(2) a trail protection plan to preserve the values for which the trail is being established and recognized by the Federal Government; ``(3) general and site-specific development plans, including anticipated costs; and ``(4) the process to be followed by the nonprofit organization in partnership with the Secretary of the Interior to mark the trail under section 7(c) of this Act.''. SEC. 3. CONFORMING AMENDMENTS. The National Trails System Act is amended-- (1) in section 2(b) (16 U.S.C. 1241(b)), by striking ``scenic and historic'' and inserting ``scenic, historic, and discovery''; (2) in the section heading to section 5 (16 U.S.C. 1244), by striking ``and national historic'' and inserting ``, national historic, and national discovery''; (3) in section 5(a) (16 U.S.C. 1244(a))-- (A) by striking ``and national historic'' and inserting ``, national historic, and national discovery''; and (B) by striking ``and National Historic'' and inserting ``, National Historic, and National Discovery'' ; (4) in section 5(b) (16 U.S.C. 1244(b)), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; (5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; (6) in section 5(d) (16 U.S.C. 1244(d)), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; (7) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking ``and national historic'' and inserting ``, national historic, and national discovery''; (8) in section 7(b) (16 U.S.C. 1246(b)), by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; (9) in section 7(c) (16 U.S.C. 1246(c))-- (A) by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; and (B) by striking ``and national historic'' and inserting ``, national historic, and national discovery''; (10) in section 7(d) (16 U.S.C. 1246(d)), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; (11) in section 7(e) (16 U.S.C. 1246(e)), by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; (12) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking ``or Historic'' and inserting ``, Historic, or Discovery''; (13) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; and (14) in section 7(i) (16 U.S.C. 1246(i)), by striking ``or national historic'' and inserting ``, national historic, or national discovery''.

National Discovery Trails Act of 1996 - Amends the National Trails System Act (the Act) to provide that national discovery trails established under the Act shall be components of the National Trails System. Provides that such trails shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities. Designates the 6,000-mile American Discovery Trail (established by this Act) as a national discovery trail. Provides that the Trail shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado. Exempts the Trail from comprehensive national scenic trail plan requirements under the Act, but requires the Secretary of the Interior to enter into arrangements with a nonprofit organization to submit to specified congressional committees, within three fiscal years after this Act's enactment, a comprehensive plan for the protection, management, development, and use of the Trail.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Guadalupe-Hidalgo Treaty Land Claims Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions and findings. Sec. 3. Establishment and membership of Commission. Sec. 4. Examination of land claims. Sec. 5. Assistance for Commission. Sec. 6. Miscellaneous powers of Commission. Sec. 7. Report. Sec. 8. Termination. Sec. 9. Authorization of appropriations. SEC. 2. DEFINITIONS AND FINDINGS. (a) Definitions.--For purposes of this Act: (1) Commission.--The term ``Commission'' means the Guadalupe-Hidalgo Treaty Land Claims Commission established under section 3. (2) Treaty of guadalupe-hidalgo.--The term ``Treaty of Guadalupe-Hidalgo'' means the Treaty of Peace, Friendship, Limits, and Settlement (Treaty of Guadalupe Hidalgo), between the United States and the Republic of Mexico, signed February 2, 1848 (TS 207; 9 Bevans 791). (3) Eligible descendant.--The term ``eligible descendant'' means a descendant of a person who-- (A) was a Mexican citizen before the Treaty of Guadalupe-Hidalgo; (B) was a member of a community land grant; and (C) became a United States citizen within ten years after the effective date of the Treaty of Guadalupe- Hidalgo, May 30, 1848, pursuant to the terms of the Treaty. (4) Community land grant.--The term ``community land grant'' means a village, town, settlement, or pueblo consisting of land held in common (accompanied by lesser private allotments) by three or more families under a grant from the King of Spain (or his representative) before the effective date of the Treaty of Cordova, August 24, 1821, or from the authorities of the Republic of Mexico before May 30, 1848, in what became part of the United States, regardless of the original character of the grant. (5) Reconstituted.--The term ``reconstituted'', with regard to a valid community land grant, means restoration to full status as a municipality with rights properly belonging to a municipality under State law and the right of local self- government. (b) Findings.--Congress finds the following: (1) The western and southwestern portion of the United States has a unique history regarding the acquisition of ownership of land as a result of the substantial number of Spanish and Mexican land grants that were an integral part of the colonization and growth of the region before the United States acquired the region in the Treaty of Guadalupe-Hidalgo. (2) Various provisions of the Treaty of Guadalupe-Hidalgo have not yet been fully implemented in the spirit of Article VI, section 2, of the Constitution of the United States. (3) Serious questions regarding the prior ownership of lands in several western and southwestern State, particularly certain public lands, still exist. (4) Congressionally established land claim commissions have been used in the past to successfully examine disputed land possession questions. SEC. 3. ESTABLISHMENT AND MEMBERSHIP OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Guadalupe-Hidalgo Treaty Land Claims Commission''. (b) Number and Appointment of Members.--The Commission shall be composed of seven members appointed by the President by and with the advice and consent of the Senate. At least three of the members of the Commission shall be selected from among persons who are eligible descendants, including one of whom is a member of an Indian tribe. (c) Terms.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Compensation.--Members shall each be entitled to receive the daily equivalent of level V of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. SEC. 4. EXAMINATION OF LAND CLAIMS. (a) Submission of Land Claims Petitions.--Any three (or more) eligible descendants who are also descendants of the same community land grant may file with the Commission a petition on behalf of themselves and all other descendants of that community land grant seeking a determination of the validity of the land claim that is the basis for the petition. (b) Deadline for Submission.--To be considered by the Commission, a petition under subsection (a) must be received by the Commission not later than five years after the date of the enactment of this Act. (c) Elements of Petition.--A petition under subsection (a) shall be made under oath and shall contain the following: (1) The names and addresses of the eligible descendants who are petitioners. (2) The fact that the land involved in the petition was a community land grant at the time of the effective date of the Guadalupe-Hidalgo Treaty. (3) The extent of the community land grant, to the best of the knowledge of the petitioners, accompanied with a survey or, if a survey is not feasible to them, a sketch map thereof. (4) The fact that the petitioners reside, or intend to settle upon, the community land grant. (5) All facts known to petitioners concerning the community land grant, together with copies of all papers in regard thereto available to petitioners. (d) Petition Hearing.--At one or more locations designated by the Commission, the Commission shall hold a hearing upon each petition timely submitted under subsection (a), at which hearing all persons having an interest in the land involved in the petition shall have the right, upon notice, to appear as a party. (e) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any petition submitted under subsection (a). (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is to be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (f) Decision.-- (1) In general.--On the basis of the facts contained in a petition submitted under subsection (a), the hearing held with regard to the petition, and such other information as the Commission considers appropriate, the Commission shall determine the validity of the community land grant described in the petition. (2) Recommended relief.--In the case of a petition determined to be valid, the decision of the Commission under paragraph (1) shall include the Commission's recommendations regarding the appropriate relief that should be provided to the petitioner, including whether the community land grant should be reconstituted and its lands restored. (g) Protection of Non-Federal Property.--The decision of the Commission regarding the validity of a petition submitted under subsection (a) shall not affect the ownership, title, or rights of owners of any non-Federal lands covered by the petition. Any recommendation of the Commission under subsection (f) regarding whether a community land grant should be reconstituted and its lands restored may not address non-Federal lands. In the case of a valid petition covering lands held in non-Federal ownership, the Commission shall modify any recommendation for reconstitution of the community land grant to recommend the substitution of comparable Federal lands in the same State as the State in which the non-federal lands are located. SEC. 5. ASSISTANCE FOR COMMISSION. (a) Community Land Grant Study Center.--To assist the Commission in the performance of its activities under section 4, the Commission shall establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico. The Commission shall be charged with the responsibility of directing the research, study, and investigations necessary for the Commission to perform its duties under this Act. (b) Comptroller General Assistance.--At the request of the Commission, the Comptroller General may make available personnel, equipment, and facilities of the General Accounting Office to assist the Commission in performing its activities under section 4. The Commission may review reports previously prepared by the General Accounting Office regarding community land grants and request an interview with the authors of the reports. SEC. 6. MISCELLANEOUS POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Immunity.--The Commission is an agency of the United States for the purpose of part V of title 18, United States Code (relating to immunity of witnesses). SEC. 7. REPORT. As soon as practicable after reaching its last decision under section 4, the Commission shall submit to the President and the Congress a report containing each decision, including the recommendation of the Commission regarding whether certain community land grants should be reconstituted or other relief provided to eligible descendants, so that the Congress may act upon the recommendations. SEC. 8. TERMINATION. The Commission shall terminate on 180 days after submitting its final report under section 7. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $1,900,000 for each of the fiscal years 2002 through 2008 for the purpose of carrying out the activities of the Commission and to establish and operate the Community Land Grant Study Center under section 5.

Guadalupe-Hidalgo Treaty Land Claims Act of 2001 - Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Authorizes three or more eligible descendants of the same community land grant to petition the Commission for such a determination on behalf of themselves and all other descendants. Directs the Commission to recommend appropriate relief to a valid petition, including whether the community land grant should be reconstituted and its non-Federal lands restored.Directs the Commission to establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico, to be responsible for directing the research, study, and investigations necessary to assist the Commission in performing its duties.Directs the Comptroller General to make available General Accounting Office (GAO) personnel, equipment, and facilities to assist the Commission in performing its activities in examining such land claims. Permits the Commission to review reports prepared by GAO regarding community land grants and to request an interview with the authors of such reports.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2015 Act'' or the ``REBUILD Act''. SEC. 2. ASSIGNMENT TO STATES OF FEDERAL ENVIRONMENTAL REVIEW RESPONSIBILITIES. Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is amended by adding at the end the following new section: ``SEC. 106. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(a) Assumption of Responsibility.-- ``(1) In general.--Subject to the other provisions of this section, with the written agreement of the responsible Federal official and a State, which may be in the form of a memorandum of understanding, the responsible Federal official may assign, and the State may assume, the responsibilities of the responsible Federal official under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to one or more covered Federal projects of the responsible Federal official within the State. ``(2) Additional responsibility.--If a State assumes responsibility under paragraph (1) the responsible Federal official may assign to the State, and the State may assume, all or part of the responsibilities of the responsible Federal official for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of covered projects of the responsible Federal official. ``(3) Procedural and substantive requirements.--A State shall assume responsibility under this section subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the responsible Federal official. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(5) No effect on authority.--Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the agency of the responsible Federal official for a covered project, under applicable law (including regulations) with respect to the project. ``(b) State Participation.-- ``(1) Application.--Not later than 180 days after the date of enactment of this section, each responsible Federal official shall promulgate regulations that establish requirements relating to information required to be contained in any application of a State to assume responsibility under this section with respect to covered Federal projects of the responsible Federal official, including, at a minimum-- ``(A) the projects or classes of projects for which the State anticipates exercising the authority that may be granted under this section; ``(B) verification of the financial resources necessary to carry out the authority that may be assigned under this section; and ``(C) evidence of the notice and solicitation of public comment by the State relating to assumption of responsibility under this section by the State, including copies of comments received from that solicitation. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(B) Method of notice and solicitation.--The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. ``(3) Selection criteria.--A responsible Federal official may approve the application of a State under this section only if-- ``(A) the regulatory requirements under paragraph (2) have been met; ``(B) the responsible Federal official determines that the State has the capability, including financial and personnel, to assume the responsibility; and ``(C) the head of the State agency having primary jurisdiction over covered projects with respect to which responsibility would be assigned to the State pursuant to the application enters into a written agreement with the responsible Federal official described in subsection (c). ``(4) Other federal agency views.--If a State applies to assume a responsibility of a responsible Federal official that would have required the responsible Federal official to consult with another Federal agency, the responsible Federal official shall solicit the views of the Federal agency before approving the application. ``(c) Written Agreement.--A written agreement under this section shall-- ``(1) be executed by the Governor of the State or the head of the State agency referred to in subsection (b)(3)(C); ``(2) be in such form as the responsible Federal official may prescribe; and ``(3) provide that the State-- ``(A) agrees to assume all or part of the responsibilities of the responsible Federal official described in subsection (a); ``(B) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the responsible Federal official assumed by the State; ``(C) certifies that State laws (including regulations) are in effect that-- ``(i) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and ``(ii) are comparable to section 552 of title 5, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and ``(D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed. ``(d) Jurisdiction.-- ``(1) In general.--The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. ``(2) Legal standards and requirements.--A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the responsible Federal official had the responsible Federal official taken the actions in question. ``(3) Intervention.--The responsible Federal official shall have the right to intervene in any action described in paragraph (1). ``(e) Effect of Assumption of Responsibility.--A State that assumes responsibility under subsection (a) shall be solely responsible and solely liable for carrying out, in lieu of the responsible Federal official, the responsibilities assumed under subsection (a), until the termination of such assumption of responsibility. ``(f) Limitations on Agreements.--Nothing in this section permits a State to assume any rulemaking authority of the responsible Federal official under any Federal law. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(2) Public availability and comment.-- ``(A) In general.--An audit conducted under paragraph (1) shall be provided to the public for comment for a 30-day period. ``(B) Response.--Not later than 60 days after the date on which the period for public comment ends, the responsible Federal official shall respond to public comments received under subparagraph (A). ``(h) Report to Congress.--Each responsible Federal official shall submit to Congress an annual report that describes the administration of this section by such official. ``(i) Termination by Responsible Federal Official.--The responsible Federal official with respect to an agreement with a State under this section may terminate the agreement and any responsibility or authority of the State under this section with respect to such agreement, if-- ``(1) the responsible Federal official determines that the State is not adequately carrying out the responsibilities assumed by the State under this section; ``(2) the responsible Federal official provides to the State-- ``(A) notification of the determination of noncompliance; and ``(B) a period of at least 30 days during which to take such corrective action as the responsible Federal official determines is necessary to comply with the applicable agreement; and ``(3) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by responsible Federal official. ``(j) Definitions.--In this section: ``(1) Covered federal project.--The term `covered Federal project' means-- ``(A)(i) except as provided in clause (ii) and subparagraph (B), any project that is funded by, carried out by, or subject to approval or disapproval by a responsible official, including any project for which a permit or other authorization by a responsible Federal official is required; and ``(ii) in the case of projects funded, carried out by, or subject to review, approval, or disapproval by the Secretary of the Army, and except as provided in subparagraph (B), includes only such projects of the Corps of Engineers; and ``(B) the preparation of any statement required by section 102(2)(C). ``(2) Responsible federal official.--The term `responsible Federal official' means-- ``(A) the Secretary of the Interior; ``(B) the Secretary of Transportation; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of the Army; and ``(E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency.''.

Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2015 Act or the REBUILD Act This bill amends the National Environmental Policy Act of 1969 (NEPA) to authorize: (1) the assignment to states of federal environmental review responsibilities under NEPA and other relevant federal environmental laws for covered federal projects, and (2) states to assume all or part of those responsibilities. Each responsible federal official who is authorized to assign such responsibility must promulgate regulations that establish requirements relating to information required to be contained in state applications to assume those responsibilities. An official may approve an application only if: (1) public notice requirements have been met, (2) the state has the capability to assume the responsibilities, and (3) the head of the state agency having primary jurisdiction over covered projects enters into a written agreement with an official to assume the responsibilities and to maintain the financial resources necessary to carry them out. The officials must audit state compliance with federal laws for which responsibilities are assumed. The officials may terminate the responsibilities assigned to states after providing notice to states of any noncompliance and an opportunity to take corrective action.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vietnam Human Rights Sanctions Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Vietnam remains a one-party state, ruled and controlled by the Communist Party of Vietnam, which continues to deny the right of citizens to change their government. (2) According to the Department of State's 2012 Country Reports on Human Rights Practices, Vietnam's ``most significant human rights problems . . . continued to be severe government restrictions on citizens' political rights, particularly their right to change their government; increased measures to limit citizens' civil liberties; and corruption in the judicial system and police''. (3) Furthermore, the Department of State documents that ``arbitrary arrest and detention, particularly for political activists, remained a problem'', with the Government of Vietnam sentencing ``at least 35 arrested activists during [2012] to a total of 131 years in jail and 27 years of probation for exercising their rights''. (4) The Government of Vietnam forbids public challenge to the legitimacy of the one-party state, restricts freedoms of opinion, the press, assembly, and association, and tightly limits access to the Internet and telecommunication. (5) The Government of Vietnam continues to limit freedom of religion, pressure all religious groups to come under the control of government and party-controlled management boards, and restrict the operation of independent religious organizations, including the Unified Buddhist Church of Vietnam and members of unsanctioned Mennonite, Cao Dai, Theravada Buddhist, and Hoa Hao Buddhist religious groups and independent Protestant house churches, primarily in the central and northern highlands. Religious leaders who do not conform to the Government's demands are often harassed, arrested, imprisoned, or put under house arrest. (6) Enhancement of relations between the United States and Vietnam has provided an opportunity for a human rights dialogue, but is unlikely to lead to future progress on human rights issues in Vietnam unless the United States makes clear that such progress is an essential prerequisite for further enhancements in the bilateral relationship. SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN INDIVIDUALS WHO ARE COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST NATIONALS OF VIETNAM OR THEIR FAMILY MEMBERS. (a) In General.--Except as provided in subsection (d), the President shall impose sanctions described in subsection (c) with respect to each individual on the list required by subsection (b). (b) List of Individuals Who Are Complicit in Certain Human Rights Abuses.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of individuals who are nationals of Vietnam that the President determines are complicit in human rights abuses committed against nationals of Vietnam or their family members, regardless of whether such abuses occurred in Vietnam. (2) Updates of list.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1) as new information becomes available and not less frequently than annually. (3) Public availability.--The list required by paragraph (1) shall be made available to the public and posted on the Web sites of the Department of the Treasury and the Department of State. (4) Consideration of data from other countries and nongovernmental organizations.--In preparing the list required by paragraph (1), the President shall consider data already obtained by other countries and nongovernmental organizations, including organizations in Vietnam, that monitor the human rights abuses of the Government of Vietnam. (c) Sanctions Described.--The sanctions described in this subsection are the following: (1) Prohibition on entry and admission to the united states.--An individual whose name appears on the list required by subsection (b)(1) may not-- (A) be admitted to, enter, or transit through the United States; (B) receive any lawful immigration status in the United States under the immigration laws, including any relief under the Convention Against Torture; or (C) file any application or petition to obtain such admission, entry, or status. (2) Financial sanctions.--The President shall impose sanctions authorized pursuant to section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) with respect to an individual whose name appears on the list required by subsection (b)(1), including blocking of the property of, and restricting or prohibiting financial transactions and the exportation and importation of property by, the individual. (d) Exceptions To Comply With International Agreements.--The President may, by regulation, authorize exceptions to the imposition of sanctions under this section to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international agreements. (e) Termination of Sanctions.--The provisions of this section shall cease to have force and effect on the date on which the President determines and certifies to the appropriate congressional committees that the Government of Vietnam has-- (1) unconditionally released all political prisoners; (2) ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Vietnam while engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings, arrest, and abuse of peaceful political activists in Vietnam and prosecuted those responsible. (f) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Ways and Means, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives. (2) Convention against torture.--The term ``Convention Against Torture'' means the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984. (3) Immigration laws; national.--The terms ``immigration laws'' and ``national'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

Vietnam Human Rights Sanctions Act - Directs the President to: (1) impose financial and immigration/entry sanctions on listed nationals of Vietnam who are complicit in human rights abuses committed against nationals of Vietnam or their family members, regardless of whether such abuses occurred in Vietnam; and (2) submit to Congress a publicly available list of individuals determined to be complicit in such human rights abuses. Authorizes the President to waive sanctions to comply with international agreements. Terminates sanctions if the President certifies to Congress that the government of Vietnam has: (1) released all political prisoners; (2) ceased its practices of violence, detention, and abuse of citizens of Vietnam engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings, arrest, and abuse of such political activists and prosecuted those responsible.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventive Medicine for a Healthier America Act of 2006''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Improving the health of the population and reducing medical costs requires implementation of preventive methods. (2) Organizations throughout the United States have expressed the need for an increase of public health professionals. (3) There are only approximately 6,000 physicians board certified in preventive medicine. (4) Many health care costs are spent on chronic conditions that could be avoided by implementing preventive methods. (5) The number of preventive medicine residency programs and individuals pursuing preventive medicine has significantly decreased in recent years. (6) Preventive medicine physicians are uniquely trained to serve patients and communities. (7) A strong public health system requires a strong preventive medicine workforce. SEC. 3. LOAN PAYMENT ASSISTANCE FOR PREVENTIVE MEDICINE PHYSICIANS. (a) Payments.--On behalf of any eligible preventive medicine physician, the Secretary of Health and Human Services may pay up to $20,000 of the medical education loans incurred by the physician. (b) Application.--To request a payment under this section, an eligible preventive medicine physician shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Definitions.--In this section: (1) The term ``eligible preventive medicine physician'' means a practicing physician who receives board certification in preventive medicine during the period of fiscal years 2007 through 2011. (2) The term ``medical education loan'' means the outstanding principal of and interest on a loan incurred for the cost of attendance (including tuition, other reasonable educational expenses, and reasonable living costs) at a school of medicine. (3) The term ``school of medicine'' has the meaning given to that term in section 799B of the Public Health Service Act (42 U.S.C. 295p). (4) The term ``Secretary'' means the Secretary of Health and Human Services. (d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2007 through 2011. SEC. 4. WELLNESS PROGRAM CREDIT. (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 inserting after section 45M the following new section: ``SEC. 45N. WELLNESS PROGRAM CREDIT. ``(a) General Rule.--For purposes of section 38, the wellness program credit determined under this section for any taxable year is an amount equal to $200 per qualified employee employed by the eligible employer during the taxable year. ``(b) Dollar Limitation.--The amount of the credit determined under this section for any taxable year shall not exceed 25 percent of the eligible employer's regular tax liability (as defined in section 26(b)). ``(c) Definitions.--For purposes of this section-- ``(1) Eligible employer.--With respect to a taxable year, the term `eligible employer' means an employer who-- ``(A) develops and implements a qualified wellness program, and ``(B) keeps accurate records of the preventive health screenings and other programs in which the eligible employer's employees have participated during the taxable year. ``(2) Qualified wellness program.--With respect to an eligible employer, the term `qualified wellness program' means a program-- ``(A) that is developed and implemented by the eligible employer, in consultation with a physician (as defined in section 213(d)) who is board certified in preventive medicine, ``(B) that provides at least 2 preventive health screenings for the benefit of the eligible employer's employees, ``(C) that provides counseling, seminars, self-help materials, and other resources related to at least 3 of the following: ``(i) smoking, ``(ii) obesity, ``(iii) stress management, ``(iv) physical fitness, ``(v) nutrition, ``(vi) substance abuse, ``(vii) depression, ``(viii) mental health, ``(ix) heart disease, and ``(x) maternal and infant health, and ``(D) whose qualified participants include not less than 50 percent of the eligible employer's full-time employees. ``(3) Qualified employee.--With respect to an eligible employer, the term `qualified employee' means an individual who is-- ``(A) a full-time employee of the eligible employer, and ``(B) a qualified participant in the eligible employer's qualified wellness program. ``(4) Qualified participant.--With respect to a taxable year, the term `qualified participant' means an individual who participates in at least 2 of the preventive health screenings or other programs offered through a qualified wellness program during the taxable year, as determined by the eligible employer who has developed and implemented such qualified wellness program. ``(d) Termination.--This section shall not apply in taxable years beginning after December 31, 2011.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``and'' at the end of paragraph (29), by striking the period at the end of paragraph (30) and inserting ``, and'', and by adding at the end the following new paragraph: ``(31) the wellness program credit determined under section 45N(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45N. Wellness program credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 5. NATIONAL EDUCATION CAMPAIGN. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, shall carry out a national education campaign to encourage the use of preventive health screenings by individuals, employers, physicians, hospitals, State and local health departments, community health centers, industrial sites, occupational health centers, academic centers, private practices, the military, and Federal departments and agencies. (b) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2007 through 2011.

Preventive Medicine for a Healthier America Act of 2006 - Authorizes the Secretary of Health and Human Services to pay up to $20,000 of the medical education loans incurred by any physician who receives board certification in preventive medicine from FY2007-FY2011. Amends the Internal Revenue Code to provide for a wellness program tax credit for employers that develop and implement a program that provides: (1) at least two preventive health screenings for employees; and (2) counseling, seminars, self-help materials, and other resources related to preventive health. Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to carry out a national education campaign to encourage the use of preventive health screenings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Traumatic Brain Injury Reauthorization Act of 2014''. SEC. 2. CDC PROGRAMS FOR PREVENTION AND SURVEILLANCE OF TRAUMATIC BRAIN INJURY. (a) Prevention.--Section 393B(b)(3) of the Public Health Service Act (42 U.S.C. 280b-1c(b)(3)) is amended by striking ``health-status goals for 2010, commonly referred to as Healthy People 2010'' and inserting ``health-status goals for 2020, commonly referred to as Healthy People 2020''. (b) Surveillance.--Subsection (b) of section 393C of the Public Health Service Act (42 U.S.C. 280b-1d) is amended-- (1) by striking ``(b) Not later than'' and inserting the following: ``(b) Reports.-- ``(1) Initial report.--Not later than''; and (2) by adding at the end the following: ``(2) Subsequent report.--Not later than 24 months after the date of enactment of the Traumatic Brain Injury Reauthorization Act of 2014, the Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health and in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, shall submit to the relevant committees of Congress a report that-- ``(A) identifies which recommendations in the report under paragraph (1) have been adopted and which recommendations in such report have not been adopted; and ``(B) includes a description of planned activities to address each recommendation in such report that has not been adopted.''. (c) Funding.--Section 394A of the Public Health Service Act (42 U.S.C. 280b-3) is amended-- (1) by striking ``and'' after ``1994,''; (2) by striking the second period at the end; and (3) by adding at the end the following: ``Of the amounts made available to carry out this part for each of fiscal years 2015 through 2019, there is authorized to be appropriated $6,100,000 to carry out sections 393B and 393C.''. SEC. 3. STATE GRANTS FOR PROJECTS REGARDING TRAUMATIC BRAIN INJURY. Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is amended-- (1) in subsection (a), by striking ``, acting through the Administrator of the Health Resources and Services Administration,''; (2) in paragraphs (1)(A)(i) and (3)(E) of subsection (f), by striking ``brain injury'' and inserting ``traumatic brain injury''; (3) in subsection (h), by striking the comma after ``under this section'' and inserting a comma before ``including''; and (4) by amending subsection (j) to read as follows: ``(j) Authorization of Appropriations.--For carrying out this section and section 1253, there is authorized to be appropriated $9,760,000 for each of fiscal years 2015 through 2019.''. SEC. 4. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES. Section 1253 of the Public Health Service Act (42 U.S.C. 300d-53) is amended-- (1) in subsection (a), by striking ``, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the `Administrator'),''; (2) in subsections (c), (d)(1), (e)(1), (e)(4), (g), (h), and (j)(1), by striking ``Administrator'' each place it appears and inserting ``Secretary''; (3) in subsection (h)-- (A) by striking the subsection heading and inserting ``Reporting''; (B) by striking ``Each protection and advocacy system'' and inserting the following: ``(1) Reports by systems.--Each protection and advocacy system''; and (C) by adding at the end the following: ``(2) Report by secretary.--Not later than 1 year after the date of enactment of the Traumatic Brain Injury Reauthorization Act of 2014, the Secretary shall prepare and submit to the appropriate committees of Congress a report describing the services and activities carried out under this section during the period for which the report is being prepared.''. (4) in subsection (i)-- (A) by striking ``Administrator of the Health Resources and Services Administration'' and inserting ``Secretary''; and (B) by striking ``by the Administrator'' and inserting ``by the Secretary''; (5) in subsection (k), by striking ``subtitle C'' and inserting ``subtitle C of title I''; (6) by striking subsection (l) (relating to authorization of appropriations); and (7) by redesignating subsection (m) as subsection (l). Passed the House of Representatives June 24, 2014. Attest: KAREN L. HAAS, Clerk.

Traumatic Brain Injury Reauthorization Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to report to Congress on recommendations (made pursuant to an earlier report) concerning improvements in the collection and dissemination of compatible epidemiological studies on the incidence and prevalence of traumatic brain injury in individuals who were formerly in the military, identifying recommendations that have been adopted and describing activities planned to address those that were not adopted. Authorizes appropriations through FY2019 for: (1) Centers for Disease Control and Prevention (CDC) projects to reduce the incidence of traumatic brain injury, and (2) traumatic brain injury surveillance systems or registries. Authorizes appropriations through FY2019 for the programs of grants to: (1) states and American Indian consortia for projects to improve access to rehabilitation and other services regarding traumatic brain injury, and (2) protection and advocacy systems for the purpose of enabling such systems to provide services to individuals with traumatic brain injury. Removes the Administrator of the Health Resources and Services Administration as agent for the Secretary in administering these programs. Vests responsibility for administering the programs solely in the Secretary. Requires the Secretary to report to Congress not later than one year after enactment of this Act on the services and activities of the protection and advocacy systems.

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) 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. (3) 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. (4) It is necessary to recognize the substantive causes of action for aiding and abetting and conspiracy liability under chapter 113B of title 18, United States Code. (5) 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 chapter 113B of title 18, United States Code. (6) 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. (7) 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, directly or indirectly, to foreign organizations or persons that engage in terrorist activities against the United States. SEC. 3. RESPONSIBILITY OF FOREIGN STATES FOR INTERNATIONAL TERRORISM AGAINST THE UNITED STATES. (a) In General.--Chapter 97 of title 28, United States Code, is amended by inserting after section 1605A the following: ``Sec. 1605B. Responsibility of foreign states for international terrorism against the United States ``(a) Definition.--In this section, the term `international terrorism'-- ``(1) has the meaning given the term in section 2331 of title 18, United States Code; and ``(2) does not include any act of war (as defined in that section). ``(b) Responsibility of Foreign States.--A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by-- ``(1) an act of international terrorism in the United States; and ``(2) a tortious act or acts of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, regardless where the tortious act or acts of the foreign state occurred. ``(c) Claims by Nationals of the United States.--Notwithstanding section 2337(2) of title 18, a national of the United States may bring a claim against a foreign state in accordance with section 2333 of that title if the foreign state would not be immune under subsection (b). ``(d) Rule of Construction.--A foreign state shall not be subject to the jurisdiction of the courts of the United States under subsection (b) on the basis of an omission or a tortious act or acts that constitute mere negligence.''. (b) Technical and Conforming Amendments.-- (1) The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605A the following: ``1605B. Responsibility of foreign states for international terrorism against the United States.''. (2) Subsection 1605(g)(1)(A) of title 28, United States Code, is amended by inserting ``or section 1605B'' after ``but for section 1605A''. 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.-- ``(1) Definition.--In this subsection, the term `person' has the meaning given the term in section 1 of title 1. ``(2) Liability.--In an action under subsection (a) for an injury arising from an act of international terrorism committed, planned, or authorized by an organization that had been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), as of the date on which such act of international terrorism was committed, planned, or authorized, liability may be asserted as to any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of international terrorism.''. (b) Effect on Foreign Sovereign Immunities Act.--Nothing in the amendment 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. STAY OF ACTIONS PENDING STATE NEGOTIATIONS. (a) Exclusive Jurisdiction.--The courts of the United States shall have exclusive jurisdiction in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605B of title 28, United States Code, as added by section 3(a) of this Act. (b) Intervention.--The Attorney General may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605B of title 28, United States Code, as added by section 3(a) of this Act, for the purpose of seeking a stay of the civil action, in whole or in part. (c) Stay.-- (1) In general.--A court of the United States may stay a proceeding against a foreign state if the Secretary of State certifies that the United States is engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought. (2) Duration.-- (A) In general.--A stay under this section may be granted for not more than 180 days. (B) Extension.-- (i) In general.--The Attorney General may petition the court for an extension of the stay for additional 180-day periods. (ii) Recertification.--A court shall grant an extension under clause (i) if the Secretary of State recertifies that the United States remains engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought. SEC. 6. 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. 7. EFFECTIVE DATE. The amendments made by this Act shall apply to any civil action-- (1) pending on, or commenced on or after, the date of enactment of this Act; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001. 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 May 17, 2016. Justice Against Sponsors of Terrorism Act (Sec. 3) This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity (i.e., a foreign state's immunity from the jurisdiction of U.S. courts). Specifically, it authorizes federal court jurisdiction over a civil claim against a foreign state for physical injury to a person or property or death that occurs inside the United States as a result of: (1) an act of international terrorism, and (2) a tort committed anywhere by an official, agent, or employee of a foreign state acting within the scope of employment. International terrorism does not include an act of war. Federal court jurisdiction does not extend to a tort claim based on an omission or an act that is merely negligent. A U.S. national may file a civil action against a foreign state for physical injury, death, or damage as a result of an act of international terrorism committed by a designated terrorist organization. (Sec. 4) The bill amends the federal criminal code to impose civil liability on a person who conspires to commit or aids and abets (by knowingly providing substantial assistance) an act of international terrorism committed, planned, or authorized by a designated terrorist organization. (Sec. 5) It establishes exclusive federal court jurisdiction over civil claims under this bill. It authorizes the Department of Justice (DOJ) to intervene in civil proceedings to seek a stay. A court may grant the stay if the Department of State certifies that the United States is engaged in good-faith discussions with the foreign state to resolve the civil claims. (Sec. 7) This bill's amendments apply to a civil claim: (1) pending on or commenced on or after enactment; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001.

SECTION 1. PREMIUMS FOR MORTGAGE INSURANCE. (a) In General.--Paragraph (3) of section 163(h) of the Internal Revenue Code of 1986 (relating to qualified residence interest) is amended by adding after subparagraph (D) the following new subparagraph: ``(E) Mortgage insurance premiums treated as interest.-- ``(i) In general.--Premiums paid or accrued for qualified mortgage insurance by a taxpayer during the taxable year in connection with acquisition indebtedness with respect to a qualified residence of the taxpayer shall be treated for purposes of this subsection as qualified residence interest. ``(ii) Phaseout.--The amount otherwise allowable as a deduction under clause (i) shall be reduced (but not below zero) by 10 percent of such amount for each $1,000 ($500 in the case of a married individual filing a separate return) (or fraction thereof) that the taxpayer's adjusted gross income for the taxable year exceeds $100,000 ($50,000 in the case of a married individual filing a separate return).''. (b) Definition and Special Rules.--Paragraph (4) of section 163(h) of the Internal Revenue Code of 1986 (relating to qualified residence interest) is amended by adding at the end the following new subparagraphs: ``(E) Qualified mortgage insurance.--The term `qualified mortgage insurance' means-- ``(i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration, or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subparagraph). ``(F) Special rules for prepaid qualified mortgage insurance.--Any amount paid by the taxpayer for qualified mortgage insurance that is properly allocable to any mortgage the payment of which extends to periods that are after the close of the taxable year in which such amount is paid shall be chargeable to capital account and shall be treated as paid in such periods to which so allocated. No deduction shall be allowed for the unamortized balance of such account if such mortgage is satisfied before the end of its term. The preceding sentences shall not apply to amounts paid for qualified mortgage insurance provided by the Veterans Administration or the Rural Housing Administration.'' SEC. 2. INFORMATION RETURNS RELATING TO MORTGAGE INSURANCE. Section 6050H of the Internal Revenue Code of 1986 (relating to information returns relating to mortgage interest) is amended by adding at the end the following new subsection: ``(h) Returns Relating to Mortgage Insurance Premiums.-- ``(1) In general.--The Secretary may prescribe, by regulations, that any person who, in the course of a trade or business, receives from any individual premiums for mortgage insurance aggregating $600 or more for any calendar year, shall make a return with respect to each such individual. Such return shall be in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe. ``(2) Statement to be furnished to individuals with respect to whom information is required.--Every person required to make a return under paragraph (1) shall furnish to each individual with respect to whom a return is made a written statement showing such information as the Secretary may prescribe. Such written statement shall be furnished on or before January 31 of the year following the calendar year for which the return under paragraph (1) was required to be made. ``(3) Special rules.--For purposes of this subsection-- ``(A) rules similar to the rules of subsection (c) shall apply, and ``(B) the term `mortgage insurance' means-- ``(i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subparagraph.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to amounts paid or accrued after the date of enactment of this Act in taxable years ending after such date.

Amends the Internal Revenue Code to allow the deduction of premiums for mortgage insurance. Provides for the phaseout of such deduction based on income.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Promise to America's Military Retirees Act''. SEC. 2. FINDINGS. Congress finds the following: (1) No statutory health care program existed for members of the uniformed services who entered service prior to December 7, 1956, and retired after serving a minimum of 20 years. (2) Statutes enacted in 1956 allowed those who entered service on or after December 7, 1956, and retired after serving a minimum of 20 years or by reason of a service-connected disability to medical and dental care in any facility of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff. (3) Recruiters, re-enlistment counselors, and officers at all levels of the uniformed services, and other government officials, as agents of the United States Government, continued to allow members who entered the uniformed services to believe they would be entitled to fully paid lifetime health care upon retirement, despite enactment of statutes in 1956, subsequent statutes, and the issuance of regulations that defined and limited the availability of medical care to retired members of the uniformed services. (4) After 5 rounds of base closures between 1988 and 1995 and further drawdowns of remaining military medical treatment facilities, access to ``space available'' health care in a military medical treatment facility is difficult for many military retirees and virtually nonexistent for some. (5) Although provisions in the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398) extended coverage under the TRICARE program to medicare eligible military retirees age 65 and older, those provisions did not address the health care needs of military retirees under the age of 65. (6) The United States should make good on the promises recruiters made in good faith and reestablish high quality health care for all retired members of the uniformed services. SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) Coverage for Retirees and Dependents.-- (1) Section 1108 of title 10, United States Code, is amended to read as follows: ``Sec. 1108. Health care coverage through Federal Employees Health Benefits program ``(a) FEHBP Option.--The Secretary of Defense, after consulting with the other administering Secretaries, shall enter into an agreement with the Office of Personnel Management to provide coverage to eligible beneficiaries described in subsection (b) under the health benefits plans offered through the Federal Employees Health Benefits program under chapter 89 of title 5. ``(b) Eligible Beneficiaries; Coverage.--(1) An eligible beneficiary under this subsection is-- ``(A) a member or former member of the uniformed services described in section 1074(b) of this title; ``(B) an individual who is an unremarried former spouse of a member or former member described in section 1072(2)(F) or 1072(2)(G); ``(C) an individual who is-- ``(i) a dependent of a deceased member or former member described in section 1076(b) or 1076(a)(2)(B) of this title or of a member who died while on active duty for a period of more than 30 days; and ``(ii) a member of family as defined in section 8901(5) of title 5; or ``(D) an individual who is-- ``(i) a dependent of a living member or former member described in section 1076(b)(1) of this title; and ``(ii) a member of family as defined in section 8901(5) of title 5. ``(2) Eligible beneficiaries may enroll in a Federal Employees Health Benefit plan under chapter 89 of title 5 under this section for self-only coverage or for self and family coverage which includes any dependent of the member or former member who is a family member for purposes of such chapter. ``(3) A person eligible for coverage under this subsection shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 (except as provided in paragraph (1)(C) or (1)(D)) as a condition for enrollment in health benefits plans offered through the Federal Employees Health Benefits program under this section. ``(4) For purposes of determining whether an individual is a member of family under paragraph (5) of section 8901 of title 5 for purposes of paragraph (1)(C) or (1)(D), a member or former member described in section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an employee under such section. ``(5) An eligible beneficiary who enrolls in the Federal Employees Health Benefits program under this section shall not be eligible to receive health care under section 1086 or section 1097. Such a beneficiary may continue to receive health care in a military medical treatment facility, in which case the treatment facility shall be reimbursed by the Federal Employees Health Benefits program for health care services or drugs received by the beneficiary. ``(c) Change of Health Benefits Plan.--An eligible beneficiary enrolled in a Federal Employees Health Benefits plan under this section may change health benefits plans and coverage in the same manner as any other Federal Employees Health Benefits program beneficiary may change such plans. ``(d) Government Contributions.--The amount of the Government contribution for an eligible beneficiary who enrolls in a health benefits plan under chapter 89 of title 5 in accordance with this section may not exceed the amount of the Government contribution which would be payable if the electing beneficiary were an employee (as defined for purposes of such chapter) enrolled in the same health benefits plan and level of benefits. ``(e) Separate Risk Pools.--The Director of the Office of Personnel Management shall require health benefits plans under chapter 89 of title 5 to maintain a separate risk pool for purposes of establishing premium rates for eligible beneficiaries who enroll in such a plan in accordance with this section. ``(f) Reimbursement for Expenses for Health Care Services Normally Provided by the Department of Defense Under TRICARE Standard.--The Secretary of Defense shall develop and implement a system to reimburse an eligible beneficiary who enrolls in a health benefits plan under chapter 89 of title 5 in accordance with this section for health care costs incurred by the beneficiary that are not paid under the health benefits plan but would have been paid by the Department of Defense under TRICARE Standard.''. (2) The item relating to section 1108 at the beginning of such chapter is amended to read as follows: ``1108. Health care coverage through Federal Employees Health Benefits program.''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2010. SEC. 4. REIMBURSEMENT FOR TRICARE PHARMACY BENEFITS AT TRICARE NETWORK PHARMACY LEVELS TO CERTAIN MILITARY RETIREES AND DEPENDENTS IN HARDSHIP CASES. (a) In General.--In the case of an eligible person who has a certification described in subsection (b), the Secretary shall reimburse such person for pharmacy benefits received from a pharmacy that is not a TRICARE network pharmacy in the same manner and in the same amounts as the Secretary would reimburse such person for such benefits received from a pharmacy that is a TRICARE network pharmacy. (b) Certification.--The certification referred to in subsection (a) is a certification from an eligible person's physician-- (1) stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints; and (2) meeting such other criteria as the Secretary of Defense considers appropriate. (c) Eligible Person.--In this section, an eligible person is an eligible beneficiary as described in section 1108(b) of title 10, United States Code, who has another insurance plan or program that provides primary coverage for health benefits.

Keep Our Promise to America's Military Retirees Act - Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) to provide Federal Employees Health Benefits (FEHB) coverage to the following eligible beneficiaries: (1) a member or former member of the Armed Forces entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member. Directs the Secretary to reimburse such eligible persons for pharmacy benefits received from a pharmacy that is not a TRICARE (Department of Defense [DOD] managed health care plan) network pharmacy in the same manner as the Secretary would reimburse such person for such benefits received from a TRICARE network pharmacy. Requires such persons, in order to receive such reimbursement, to submit a certification from their physician stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Volcano Early Warning and Monitoring System Act''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (2) System.--The term ``System'' means the National Volcano Early Warning and Monitoring System established under section 3(a)(1). SEC. 3. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM. (a) Establishment.-- (1) In general.--The Secretary shall establish within the United States Geological Survey a system, to be known as the ``National Volcano Early Warning and Monitoring System'', to monitor, warn, and protect citizens of the United States from undue and avoidable harm from volcanic activity. (2) Purposes.--The purposes of the System are-- (A) to organize, modernize, standardize, and stabilize the monitoring systems of the volcano observatories in the United States, which includes the Alaska Volcano Observatory, California Volcano Observatory, Cascades Volcano Observatory, Hawaiian Volcano Observatory, and Yellowstone Volcano Observatory; and (B) to unify the monitoring systems of volcano observatories in the United States into a single interoperative system. (3) Objective.--The objective of the System is to monitor all the volcanoes in the United States at a level commensurate with the threat posed by the volcanoes by-- (A) upgrading existing networks on monitored volcanoes; (B) installing new networks on unmonitored volcanoes; and (C) employing geodetic and other components when applicable. (b) System Components.-- (1) In general.--The System shall include-- (A) a national volcano watch office that is operational 24 hours a day and 7 days a week; (B) a national volcano data center; and (C) an external grants program to support research in volcano monitoring science and technology. (2) Modernization activities.--Modernization activities under the System shall include the comprehensive application of emerging technologies, including digital broadband seismometers, real-time continuous Global Positioning System receivers, satellite and airborne radar interferometry, acoustic pressure sensors, and spectrometry to measure gas emissions. (c) Management.-- (1) Management plan.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a 5-year management plan for establishing and operating the System. (B) Inclusions.--The management plan submitted under subparagraph (A) shall include-- (i) annual cost estimates for modernization activities and operation of the System; (ii) annual milestones, standards, and performance goals; and (iii) recommendations for, and progress towards, establishing new, or enhancing existing, partnerships to leverage resources. (2) Advisory committee.--The Secretary shall establish an advisory committee to assist the Secretary in implementing the System, to be comprised of representatives of relevant agencies and members of the scientific community, to be appointed by the Secretary. (3) Partnerships.--The Secretary may enter into cooperative agreements with institutions of higher education and State agencies designating the institutions of higher education and State agencies as volcano observatory partners for the System. (4) Coordination.--The Secretary shall coordinate the activities under this Act with the heads of relevant Federal agencies, including-- (A) the Secretary of Transportation; (B) the Administrator of the Federal Aviation Administration; (C) the Administrator of the National Oceanic and Atmospheric Administration; and (D) the Director of the Federal Emergency Management Administration. (d) Annual Report.--Annually, the Secretary shall submit to Congress a report that describes the activities carried out under this Act. SEC. 4. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $55,000,000 for the period of fiscal years 2019 through 2023. (b) Effect on Other Sources of Federal Funding.--Amounts made available under this section shall supplement, and not supplant, Federal funds made available for other United States Geological Survey hazards activities and programs. Passed the Senate May 17, 2018. Attest: Secretary. 115th CONGRESS 2d Session S. 346 _______________________________________________________________________ AN ACT To provide for the establishment of the National Volcano Early Warning and Monitoring System.

National Volcano Early Warning and Monitoring System Act (Sec. 3) This bill directs the United States Geological Survey (USGS) to establish the National Volcano Early Warning and Monitoring System to monitor, issue warnings of, and protect U.S. citizens from undue and avoidable harm from, volcanic activity. The purposes of the system are to: (1) organize, modernize, standardize, and stabilize the monitoring systems of U.S. volcano observatories; and (2) unify such systems into a single interoperative system. The objective of the system is to monitor all U.S. volcanoes at a level commensurate with the threat posed by the volcanoes by: (1) upgrading existing networks on monitored volcanoes, (2) installing new networks on unmonitored volcanoes, and (3) employing geodetic and other components when applicable. The system shall include: (1) a national volcano watch office that is operational 24 hours a day and 7 days a week, (2) a national volcano data center, (3) an external grants program to support research in volcano monitoring science and technology, and (4) modernization activities including the comprehensive application of emerging technologies. The USGS must: (1) submit to Congress a five-year management plan for establishing and operating the system, (2) establish an advisory committee to assist in implementing the system, and (3) report to Congress annually describing the activities carried out under this bill. The USGS may enter into cooperative agreements designating institutions of higher education and state agencies as volcano observatory partners for the system. (Sec. 4) The bill authorizes appropriations for FY2019-FY2023.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children of Fallen Heroes Scholarship Act''. SEC. 2. CALCULATION OF ELIGIBILITY. Section 473(b) of the Higher Education Act of 1965 (20 U.S.C. 1087mm(b)) is amended-- (1) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by inserting ``(in the case of a student who meets the requirement of subparagraph (B)(i)), or academic year 2015-2016 (in the case of a student who meets the requirement of subparagraph (B)(ii)),'' after ``academic year 2009-2010''; and (B) by amending subparagraph (B) to read as follows: ``(B) whose parent or guardian was-- ``(i) a member of the Armed Forces of the United States and died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; or ``(ii) actively serving as a public safety officer and died in the line of duty while performing as a public safety officer; and''; (2) in paragraph (3)-- (A) by striking ``Notwithstanding'' and inserting the following: ``(A) Armed forces.--Notwithstanding''; (B) by striking ``paragraph (2)'' and inserting ``subparagraphs (A), (B)(i), and (C) of paragraph (2)''; and (C) by adding at the end the following: ``(B) Public safety officers.--Notwithstanding any other provision of law, unless the Secretary establishes an alternate method to adjust the expected family contribution, for each student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of paragraph (2), a financial aid administrator shall-- ``(i) verify with the student that the student is eligible for the adjustment; ``(ii) adjust the expected family contribution in accordance with this subsection; and ``(iii) notify the Secretary of the adjustment and the student's eligibility for the adjustment.''; and (3) by adding at the end the following: ``(4) Treatment of pell amount.--Notwithstanding section 1212 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-1), in the case of a student who receives an increased Federal Pell Grant amount under this section, the total amount of such Federal Pell Grant, including the increase under this subsection, shall not be considered in calculating that student's educational assistance benefits under the Public Safety Officers' Benefits program under subpart 2 of part L of title I of such Act. ``(5) Definition of public safety officer.--For purposes of this subsection, the term `public safety officer' means-- ``(A) a public safety officer, as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); or ``(B) a fire police officer, defined as an individual who-- ``(i) is serving in accordance with State or local law as an officially recognized or designated member of a legally organized public safety agency; ``(ii) is not a law enforcement officer, a firefighter, a chaplain, or a member of a rescue squad or ambulance crew; and ``(iii) provides scene security or directs traffic-- ``(I) in response to any fire drill, fire call, or other fire, rescue, or police emergency; or ``(II) at a planned special event.''. SEC. 3. CALCULATION OF PELL GRANT AMOUNT. Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)) is amended-- (1) by striking the matter preceding clause (i) of subparagraph (A) and inserting the following: ``(2)(A) Subject to subparagraph (C), the amount of the Federal Pell Grant for a student eligible under this part shall be--''; and (2) by adding at the end the following new subparagraph: ``(C) In the case of a student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of section 473(b)(2)-- ``(i) clause (ii) of subparagraph (A) of this paragraph shall be applied by substituting `from the amounts appropriated in the last enacted appropriation Act applicable to that award year, an amount equal to the amount of the increase calculated under paragraph (7)(B) for that year' for `the amount of the increase calculated under paragraph (7)(B) for that year'; and ``(ii) such student-- ``(I) shall be provided an amount under clause (i) of this subparagraph only to the extent that funds are specifically provided in advance in an appropriation Act to such students for that award year; and ``(II) shall not be eligible for the amounts made available pursuant to clauses (i) through (iii) of paragraph (7)(A).''. SEC. 4. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on July 1, 2017.

Children of Fallen Heroes Scholarship Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to eliminate the expected family contribution (EFC) used to determine financial need in the case of a Pell Grant-eligible student whose parent or guardian died in the line of duty as a police officer, firefighter, or other public safety officer. Such student is eligible to receive an automatic zero EFC and qualify for the maximum Pell Grant award if the student was less than 24 years old or enrolled at an institution of higher education at the time of the parent or guardian's death.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Bus Safety Act''. TITLE I--KADYN'S ACT SEC. 101. SHORT TITLE. This title may be cited as ``Kadyn's Act''. SEC. 102. WITHHOLDING APPORTIONMENTS FOR NONCOMPLIANCE WITH SCHOOL BUS PASSINGS. (a) Withholding Apportionments.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 171. Withholding apportionments for noncompliance with school bus passings ``(a) Withholding of Apportionments for Noncompliance.-- ``(1) Withholding.--The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under paragraphs (1), (3), and (4) of section 104(b) on October 1, 2015, and on each October 1 thereafter if the State does not meet the requirements of paragraph (2). ``(2) Requirement.--A State meets the requirements of this paragraph if the State has enacted and is enforcing a law that imposes the following penalties to a motorist who is found guilty of illegally passing a stopped school bus: ``(A) First offense.--For a first offense, a fine of not less than $250 with the possibility of jail time and license suspension. ``(B) Second offense within a 5-year period of a first offense.--For a second offense within a 5-year period of a first offense, a fine of not less than $315 with the possibility of jail time and license suspension. ``(b) Period of Availability of Apportioned Funds.--Funds withheld after the date specified in subsection (a)(1) from apportionments to any State shall not be available for apportionment to that State and such funds will lapse.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``171. Withholding apportionments for noncompliance with school bus passings''. TITLE II--GRANTS FOR MOTION-ACTIVATED DETECTION SYSTEM ON SCHOOL BUSES SEC. 201. SHORT TITLE. This title may be cited as ``Grants for Motion-Activated Detection System on School Buses Act''. SEC. 202. GRANTS FOR MOTION-ACTIVATED DETECTION SYSTEM ON SCHOOL BUSES. (a) In General.--The Secretary of Transportation may provide grants to States to equip school buses with motion-activated detection system. (b) Application.--In order to qualify for a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including-- (1) an assurance that the State will use grant funds to purchase motion-activated detection systems for school buses; and (2) an assurance that the State is in compliance with sections 171 and 172 of title 23, United States Code. (c) Grant Amounts.--Before awarding a grant under this section, the Secretary shall ensure that each grant award is of sufficient size and scope to carry out the requirements of this section. (d) Funding.--In order to fund grant awards under this section, the Secretary shall use funds not apportioned pursuant to sections 171 and 172 of title 23, United States Code. (e) Reports.--Not later than 1 year after the date of enactment of this Act, the State shall submit a report to the Secretary regarding the effectiveness of the motion-activated detection system in any local educational agency using grant funds under this section, including-- (1) whether or not the detection system has prevented children from being hit by a school bus; and (2) a cost benefit analysis of using these detection systems on school buses. (f) Definition.--For purposes of this Act, the term ``motion- activated detection system'' means a sensor system that uses radio signals or radar waves to detect a moving target near the front, rear, and sides of a school bus. The system sounds an alarm to alert the driver when a moving target is detected within the specified danger zones of the bus. TITLE III--SCHOOL BUS DRIVER SAFETY ENFORCEMENT SEC. 301. WITHHOLDING FOR NONCOMPLIANCE OF BACKGROUND CHECKS OF SCHOOL BUS DRIVERS. (a) Withholding Apportionments.--Chapter 1 of title 23, United States Code, is further amended by adding at the end the following: ``Sec. 172. Withholding apportionments for noncompliance of background checks of school bus drivers ``(a) Withholding.--The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under paragraphs (1), (3), and (4) of section 104(b) on October 1, 2015, and on each October 1 thereafter if the State does not meet the requirements of paragraph (2). ``(b) Requirement.--A State meets the requirements of this paragraph if the State has enacted a law that requires the employer to conduct a background check before hiring a school bus driver. Such background check shall include-- ``(1) a review of State and local court information on arrests, charges, convictions; ``(2) a review of any sex offender registry; and ``(3) a review of any child abuse or dependent adult abuse registry. ``(c) Period of Availability of Apportioned Funds.--Funds withheld after the date specified in subsection (a)(1) from apportionments to any State shall not be available for apportionment to that State and such funds will lapse.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following: ``172. Withholding apportionments for noncompliance of background checks of school bus drivers''. TITLE IV--SCHOOL BUS SEAT BELT DEMONSTRATION PROGRAM SEC. 401. SCHOOL BUS SEAT BELT DEMONSTRATION PROGRAM. (a) In General.--The Secretary of Transportation may award grants to States to develop a school bus seat belt program to purchase type 1 school buses equipped with lap/shoulder seat belts or equip existing type 1 school buses with lap/shoulder seat belts. (b) Application.--In order to qualify for a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including-- (1) an assurance that the State will use grant funds to purchase type I school buses with lap/shoulder seat belts or equip existing type 1 school buses with such seat belts; (2) an assurance that the State is in compliance with sections 171 and 172 of title 23, United States Code; and (3) a list of the local educational agencies which the State selects to receive the seat belt equipped buses, including the reasons why each agency should receive school buses with seat belts. (c) Local Educational Agency Requirements.--The State shall require that any local educational agency that receives grant funds pursuant to this Act shall develop-- (1) a plan to ensure that all students riding the school buses with lap/shoulder belts are using them; and (2) an educational program regarding seat belt safety. (d) Grant Amounts.--Before awarding a grant under this section, the Secretary shall ensure that each grant award is of sufficient size and scope to carry out the requirements of this section. (e) Funding.--In order to fund grant awards under this section, the Secretary shall use funds not apportioned pursuant to sections 171 and 172 of title 23, United States Code. (f) Definition.--In this section, the term ``type 1 school bus'' means a school bus weighing more than 10,000 pounds. (g) Reporting.--Not later than 1 year after the date of enactment of this Act, the State shall submit a report to the Secretary regarding the effectiveness of the lap/shoulder seat belt program in any local educational agency using grant funds under this section, including-- (1) student usage of seat belts; and (2) the impact on school bus seating capacity. TITLE V--NHTSA STUDY SEC. 501. NHTSA STUDY. (a) In General.--The National Highway Traffic Safety Board shall conduct a comprehensive study regarding the effects of illegal passing of school buses. (b) Study and Pilot Program.--The study shall include-- (1) a pilot program demonstrating the effectiveness of additional technologies and equipment on school buses, including additional front and rear stop arms, driver alert devices, secondary warning signs and aids to general visibility of buses; (2) enforcement schemes, including camera systems and increased fines on preventing, mitigating, and enforcing against illegal passing of school buses; (3) establishment and comparison of baseline performance standards for existing school buses and operations that can be measured and validated with school buses with additional equipment, over a set period of time, in a broad geographic area; and (4) consideration of the impact of additional driver training and a targeted public awareness and education campaign on the prevention, mitigation, and enforcement of illegal passing of school buses. (c) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Board shall submit a report to Congress with the results of the study and make recommendations for changes to Federal, State, and local laws and regulations to prevent, mitigate, and better enforce illegal school bus passing laws.

School Bus Safety Act - Kadyn's Act - Directs the Secretary of Transportation (DOT) to withhold 10% of a state's apportionment of certain federal-aid highway funds if the state has not enacted and is not enforcing a law that imposes specified first offense and second offense civil and criminal penalties for motorists found guilty of illegally passing a stopped school bus. Grants for Motion-Activated Detection System on School Buses Act - Authorizes the Secretary to provide grants to states to equip school buses with motion-activated detection systems. Directs the Secretary to withhold 10% of a state's apportionment of certain federal-aid highway funds if the state has not enacted a law that requires the employer to conduct background checks before hiring school bus drivers. Authorizes the Secretary to award grants to states to develop a school bus seat belt demonstration program to purchase type 1 school buses (weighing more than 10,000 pounds) equipped with lap/shoulder seat belts or equip such existing buses with such belts. Directs the National Highway Traffic Safety Administration to study the effects of illegal passing of school buses, including a pilot program demonstrating the effectiveness of additional technologies and equipment on the buses.

SECTION 1. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Mid-level ethanol blend.--The term ``mid-level ethanol blend'' means an ethanol-gasoline blend containing greater than 10 and up to and including 20 percent ethanol by volume that is intended to be used in any conventional gasoline-powered motor vehicle or nonroad vehicle or engine. SEC. 2. EVALUATION. (a) In General.--The Administrator, acting through the Assistant Administrator of the Office of Research and Development at the Environmental Protection Agency, shall-- (1) not later than 45 days after the date of enactment of this Act, enter into an agreement with the National Academy of Sciences to provide, within 18 months after the date of enactment of this Act, a comprehensive assessment of the scientific and technical research on the implications of the use of mid-level ethanol blends, comparing mid-level ethanol blends to gasoline blends containing 10 percent or 0 percent ethanol; and (2) not later than 30 days after receiving the results of the assessment under paragraph (1), submit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works of the Senate on the findings of the assessment, together with the agreement or disagreement of the Administrator with each of its findings. (b) Contents.--The assessment performed under subsection (a)(1) shall include the following: (1) An evaluation of the short-term and long-term environmental, safety, durability, and performance effects of the introduction of mid-level ethanol blends on onroad, nonroad, and marine engines, onroad and nonroad vehicles, and related equipment. Such evaluation shall consider the impacts of qualifying mid-level ethanol blends or blends with higher ethanol concentrations as a certification fuel. Such evaluation shall include a review of all available scientific evidence, including that relied upon by the Administrator and published at 75 Fed. Reg. 68094 et seq. (November 4, 2010), 76 Fed. Reg. 4662 et seq. (January 26, 2011), and 76 Fed. Reg. 44406 et seq. (July 25, 2011), and identify gaps in understanding and research needs related to-- (A) tailpipe emissions; (B) evaporative emissions; (C) engine and fuel system durability; (D) onboard diagnostics; (E) emissions inventory and other modeling effects; (F) materials compatibility; (G) operability and drivability; (H) fuel efficiency; (I) fuel economy; (J) knock resistance; (K) consumer education and satisfaction; (L) cost effectiveness for the consumer; (M) catalyst durability; and (N) durability of storage tanks, piping, and dispensers for retail. (2) An identification of areas of research, development, and testing necessary to-- (A) ensure that existing motor fuel infrastructure is not adversely impacted by mid-level ethanol blends, including an examination of potential impacts of mid- level ethanol blends on metal, plastic, rubber, or any other materials used in pipes or storage tanks; and (B) reduce the risk of misfueling by users at various points in the distribution and supply chain, including at bulk storage, retail storage, and distribution configurations by-- (i) assessing the best methods and practices to prevent misfueling; (ii) examining misfueling mitigation strategies for blender pumps, including volumetric purchase requirements and labeling requirements; (iii) assessing the adequacy of and ability for misfueling mitigation plans approved by the Environmental Protection Agency; and (iv) soliciting and considering recommendations of the National Institute of Standards and Technology, the American National Standards Institute, the International Organization for Standardization, and the National Conference on Weights and Measures regarding fuel pump labeling. (c) Waivers.--Prior to the submission of the report under subsection (a)(2), any waiver granted under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of this Act that allows the introduction into commerce of mid-level ethanol blends for use in motor vehicles shall have no force or effect. The Administrator shall grant no new waivers under such section 211(f)(4) until after the submission of the report described under subsection (a)(2). SEC. 3. AUTHORIZATION OF APPROPRIATIONS. In order to carry out this Act, the Administrator shall utilize up to $900,000 from the funds made available for science and technology, including research and development activities, at the Environmental Protection Agency.

This bill requires the Office of Research and Development at the Environmental Protection Agency to enter into an agreement with the National Academy of Sciences to provide a comprehensive assessment of research on the implications of the use of mid-level ethanol blends, which compares mid-level ethanol blends to gasoline blends containing 10% or 0% ethanol. A mid-level ethanol blend is an ethanol-gasoline blend containing 10%- 20% of ethanol that is intended to be used in any conventional gasoline-powered motor vehicle or nonroad vehicle or engine. The assessment must: (1) evaluate the environmental, safety, durability, and performance effects of the introduction of mid-level blends on onroad, nonroad, and marine engines, onroad and nonroad vehicles, and related equipment; and (2) identify areas of research, development, and testing necessary to ensure that existing motor fuel infrastructure is not adversely impacted by mid-level ethanol blends and to reduce the risk of misfueling by users at various points in the distribution and supply chain. The office must report on the assessment's findings. Any waivers granted under the Clean Air Act to allow the sale of mid-level ethanol blends for use in motor vehicles are nullified. The office is also prohibited from granting new waivers until after the report is submitted.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurse Loan Forgiveness Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to 2005 statistics from the American Hospital Association, 118,000 nurses are needed to fill vacancies at our nation's hospitals, and more than 75 percent of all hospital personnel vacancies are for nurses. (2) According to a study by the Department of Health and Human Services in 2002, the United States will experience a 29 percent shortage in the number of nurses needed in the United States health care system by the year 2020, which translates into a shortage of more than 400,000 registered nurses nationwide. (3) Research indicates that there is a great need for health care services, especially hospitals and prescription drugs, but there continues to be a 28 percent decrease in national licensure examination for all entry-level registered nurses. (4) The Department of Labor projects a 29 percent increase in the need for nurses nationwide from 2004 to 2014, compared with a 13 percent increase for all other occupations. (5) The General Accounting Office estimates that 40 percent of all registered nurses will be older than age 50 by the year 2010. (6) Of those registered nurses in 2004, an estimated 16 percent have chosen to not practice in the field. SEC. 3. LOAN FORGIVENESS PROGRAM ESTABLISHED. Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR NURSES. ``(a) Purposes.--The purposes of this section are-- ``(1) to encourage-- ``(A) individuals to enter and continue in the nursing profession; and ``(B) experienced nurses to instruct nurses entering the profession; and ``(2) to reward such individuals for their service in the nursing profession by reducing the burden of student debt. ``(b) Loan Forgiveness.-- ``(1) Loan forgiveness authorized.--The Secretary is authorized to forgive, in accordance with this section, the student loan debt of an eligible borrower in the amount specified in subsection (d) for each of the first 5 complete years of service described in subsection (c)(1) by such eligible borrower that occur after the date of enactment of this section. ``(2) Method of loan forgiveness.--To provide the loan forgiveness authorized in paragraph (1), the Secretary is authorized to carry out a program-- ``(A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made under this part; and ``(B) to cancel a qualified loan amount for a loan made under part D of this title. ``(3) Limitation on consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this section only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for an eligible borrower, as determined in accordance with regulations prescribed by the Secretary. ``(c) Eligible Borrower.--The Secretary is authorized to provide loan forgiveness under this section to any individual who-- ``(1) has been employed for at least one calendar year-- ``(A) as a full-time registered nurse in a health care facility or a health care setting approved by the Secretary of Health and Human Services for the purposes of this section; or ``(B) as a nursing instructor in a school of nursing as defined by the Public Health Service Act (42 U.S.C. 296); ``(2) if qualifying on the basis of the employment described in paragraph (1)(B), has received a Masters of Science in Nursing; and ``(3) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Loan Forgiveness Amounts.--The Secretary shall, from funds appropriated under subsection (j), forgive the loan obligation of an eligible borrower in accordance with subsection (b)(2) and in the following increments: ``(1) After the first calendar year of employment described in subsection (c)(1), not more than $2,000. ``(2) After the second such year of employment, not more than $2,500. ``(3) After the third such year of employment, not more than $3,000. ``(4) After the fourth such year of employment, not more than $4,500. ``(5) After the fifth such year of employment, not more than $5,000. ``(e) Application for Loan Forgiveness.--An eligible borrower desiring loan forgiveness under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(f) Priority.--The Secretary shall grant loan forgiveness under this section on a first-come, first-served basis, and subject to the availability of appropriations. ``(g) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(h) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of any loan. ``(i) Prevention of Double Benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). No borrower may receive a benefit under this section for both employment described in subsection (c)(1)(A) and employment described in subsection (c)(1)(B). ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.''.

Nurse Loan Forgiveness Act of 2007 - Amends the Higher Education Act of 1965 (HEA) to include, under HEA student loan forgiveness and cancellation programs, nurses who: (1) serve at least one calendar year in an approved health care facility or setting; or (2) have a Masters of Science in Nursing and are nursing instructors in a school of nursing. Limits the maximum amount of such loan repayment by the Secretary of Education to $2,000 after the first year of a nurse's employment, with incremental increases after the second through fourth years, up to $5,000 after the fifth year.

SECTION 1. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES. Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7111 et seq.) is amended-- (1) in section 4004-- (A) in paragraph (1), by striking ``and'' after the semicolon; (B) by redesignating paragraph (2) as paragraph (3); and (C) in paragraph (3) as redesignated, by striking ``subpart 2'' and inserting ``subpart 3''; and (D) by inserting after paragraph (1) the following: ``(2) $25,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out subpart 2;''. (2) by redesignating subparts 2 and 3 as 3 and 4, respectively; (3) by redesignating sections 4131 through 4134 as sections 4141 through 4144, respectively; (4) by redesignating section 4121 as section 4131 and section 4123 as section 4132, respectively; and (5) by inserting after subpart 1 the following: ``Subpart 2--Effective Prevention Program Implementation ``SEC. 4121. COMPREHENSIVE PREVENTION TECHNICAL ASSISTANCE GRANTS. ``(a) Program Authorized.--The Secretary is authorized to provide grants to States that meet the requirements of this subpart to implement prevention programs that meet a high scientific standard of program effectiveness. ``(b) Contents of State Plan.--To be eligible to receive a grant under this subpart, a State educational agency shall submit an application that includes a State plan that describes-- ``(1) the process and selection criteria by which the State educational agency will make competitive grants to eligible local educational agencies; ``(2) how the State educational agency will ensure that only high quality, well-defined, and well-documented comprehensive prevention programs are funded; ``(3) how the State educational agency will disseminate materials developed or collected by the Secretary about research-based, proven-effective comprehensive prevention models and will provide technical assistance to assist local educational agencies in evaluating, selecting, developing, and implementing comprehensive prevention programs; ``(4) how the State educational agency will evaluate the implementation of comprehensive prevention programs and measure the results achieved in preventing violence, criminal and delinquent behavior, substance abuse, and other problem behaviors and improving student academic performance; ``(5) how the State educational agency will ensure that local programs meet the requirements of section 4124(b); ``(6) provide assurances that funds provided under this subpart shall supplement, not supplant, other Federal, State, and local funds that would otherwise be available for the purposes described under this subpart; and ``(7) such other criteria as the Secretary may reasonably require. ``SEC. 4122. RESERVATIONS AND ALLOCATIONS. ``(a) Reservations.--From the funds made available in section 4004(2) to carry out this subpart for each fiscal year, the Secretary shall-- ``(1) reserve funds in accordance with paragraphs (1), (2), and (4) of section 4011(a); and ``(2) except as provided in subsection (b), allocate the remainder of funds among the States in accordance with section 4011(b)(1). ``(b) Reallocation of Funds to States.--In a case in which a State educational agency does not develop a plan that meets the requirements of section 4121(b), the Secretary shall not make an allocation to the State under subsection (a)(2) and shall allocate such funds in accordance with section 4011(b)(1) to other States that have developed such plans. Funds allocated to a State under this subsection may be used only to implement programs under this subpart. ``SEC. 4123. DISTRIBUTION OF FUNDS. ``(a) Funds to Local Educational Agencies.-- ``(1) In general.--From the amounts made available under section 4004(2), each State educational agency that receives an award under this subpart shall use such funds to provide competitive grants to local educational agencies. ``(2) Awards.--In awarding competitive grants under this subpart, a State educational agency shall-- ``(A) give the highest priority to local educational agencies with demonstrated need in accordance with the criteria described in section 4113(d)(2)(C)(ii); ``(B) make grant awards that are of sufficient size and scope to support the initial startup costs for a comprehensive prevention plan that meets the requirements of this subpart; and ``(C) take into account the equitable distribution of awards to different geographic regions within the State, including urban and rural areas, and to schools serving elementary and secondary students. ``(b) Reservation.--A State educational agency may use not more than 5 percent of the funds made available to it under this section for administrative, evaluation, and technical assistance expenses, including expenses necessary to inform local educational agencies about research-based, proven-effective comprehensive prevention approaches. ``SEC. 4124. LOCAL AWARDS. ``(a) In General.--To be eligible to receive a subgrant under this subpart for any fiscal year, a local educational agency shall submit, at such time as the State educational agency requires, an application to the State educational agency for approval. ``(b) Plan.--Each local educational agency shall submit a plan to the State educational agency to demonstrate how it will meet the requirements of subsection (c). ``(c) Use of Funds.--A grant awarded to a local educational agency under this subpart shall be used only for the purpose of identifying and implementing comprehensive prevention programs that-- ``(1) employ strategies or approaches that are based on reliable research and that show effectiveness in preventing violence, criminal and delinquent behavior, substance abuse, and other problem behaviors and improving student academic performance; ``(2) comprehensively address the mental, emotional, social, and physical health of children and adolescents; ``(3) employ developmentally appropriate activities and interventions; ``(4) assist children and adolescents in improving cognitive, affective, and behavioral skills; ``(5) use methods that ensure the active engagement of the children and adolescents who participate and that facilitate better communication between children and adults about problem situations; ``(6) provide for the meaningful involvement of parents, educators, health and mental health professionals, and the local community in planning and implementation; ``(7) provide high-quality and continuous staff professional development and training; ``(8) have measurable outcome goals and a clear evaluation plan, including annual reports to the State and the Secretary; ``(9) use high-quality external technical support and assistance from individuals or entities with experience and expertise in developing, implementing, and evaluating comprehensive prevention approaches; and ``(10) identify how other resources (Federal, State, local, and private) available to the State will be used to coordinate services to support and sustain the comprehensive prevention effort.''.

Amends the Safe and Drug-Free Schools and Communities Act of 1994 (which is part A of title IV of the Elementary and Secondary Education Act of 1965) to establish provisions for Effective Prevention Program Implementation through a program of technical assistance grants for comprehensive prevention of violence, criminal and delinquent behavior, substance abuse, and other problem behaviors.Authorizes the Secretary of Education to provide such grants to States that meet specified requirements to implement prevention programs that meet a high scientific standard of program effectiveness. Requires: (1) State distribution of program funds through competitive grants to local educational agencies (LEAs); and (2) LEA use of funds for comprehensive prevention programs.

SECTION 1. CANEEL BAY LEASE AUTHORIZATION. (a) Definitions.--In this section: (1) Park.--The term ``Park'' means the Virgin Islands National Park. (2) Resort.--The term ``resort'' means the Caneel Bay resort on the island of St. John in the Park. (3) Retained use estate.--The term ``retained use estate'' means the retained use estate for the Caneel Bay property on the island of St. John entered into between the Jackson Hole Preserve and the United States on September 30, 1983 (as amended, assigned, and assumed). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Lease Authorization.-- (1) In general.--If the Secretary determines that the long-term benefit to the Park would be greater by entering into a lease with the owner of the retained use estate than by authorizing a concession contract upon the termination of the retained use estate, the Secretary may enter into a lease with the owner of the retained use estate for the operation and management of the resort. (2) Acquisitions.--The Secretary may-- (A) acquire associated property from the owner of the retained use estate; and (B) on the acquisition of property under subparagraph (A), administer the property as part of the Park. (3) Authority.--Except as otherwise provided by this section, a lease shall be in accordance with subsection (k) of section 3 of Public Law 91-383 (16 U.S.C. 1a-2(k)), notwithstanding paragraph (2) of that subsection. (4) Terms and conditions.--A lease authorized under this section shall-- (A) be for the minimum number of years practicable, taking into consideration the need for the lessee to secure financing for necessary capital improvements to the resort, but in no event shall the term of the lease exceed 40 years; (B) prohibit any transfer, assignment, or sale of the lease or otherwise convey or pledge any interest in the lease without prior written notification to, and approval by the Secretary; (C) ensure that the general character of the resort property remains unchanged, including a prohibition against-- (i) any increase in the overall size of the resort; or (ii) any increase in the number of guest accommodations available at the resort; (D) prohibit the sale of partial ownership shares or timeshares in the resort; (E) include provisions to ensure the protection of the natural, cultural, and historic features of the resort and associated property, consistent with the laws and policies applicable to property managed by the National Park Service; and (F) include any other provisions determined by the Secretary to be necessary to protect the Park and the public interest. (5) Rental amounts.--In determining the fair market value rental of the lease required under section 3(k)(4) of Public Law 91-383 (16 U.S.C. 1a-2(k)(4)), the Secretary shall take into consideration-- (A) the value of any associated property conveyed to the United States; and (B) the value, if any, of the relinquished term of the retained use estate. (6) Use of proceeds.--Rental amounts paid to the United States under a lease shall be available to the Secretary, without further appropriation, for visitor services and resource protection within the Park. (7) Congressional notification.--The Secretary shall submit a proposed lease under this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives at least 60 days before the award of the lease. (8) Renewal.--A lease entered into under this section may not be extended or renewed. (9) Termination.--Upon the termination of a lease entered into under this section, if the Secretary determines the continuation of commercial services at the resort to be appropriate, the services shall be provided in accordance with the National Park Service Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et seq.). (c) Retained Use Estate.-- (1) In general.--As a condition of the lease, the owner of the retained use estate shall terminate, extinguish, and relinquish to the Secretary all rights under the retained use estate and shall transfer, without consideration, ownership of improvements on the retained use estate to the National Park Service. (2) Appraisal.-- (A) In general.--The Secretary shall require an appraisal by an independent, qualified appraiser who is agreed to by the Secretary and the owner of the retained use estate to determine the value, if any, of the relinquished term of the retained use estate. (B) Requirements.--An appraisal under paragraph (1) shall be conducted in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes the Secretary of the Interior, if the long-term benefit to the Virgin Islands National Park would be greater by entering into a lease than by authorizing a concession contract, to enter into a lease with the owner of the retained use estate for the operation and management of the Caneel Bay resort on the island in the Park. Allows the Secretary to acquire associated property. Sets forth the terms and conditions for the lease authorized by this Act, including provisions ensuring protection of the natural, cultural, and historic features of the resort and associated property, consistent with the laws and policies applicable to property managed by the National Park Service (NPS). Instructs the Secretary, in determining the fair market value rental of the lease, to take into consideration: (1) the value of any associated property conveyed; and (2) the value, if any, of the relinquished term of the retained use estate. Makes rental amounts paid to the United States under the lease available for visitor services and resource protection within the Virgin Islands National Park. Requires the Secretary to submit a proposed lease to Congress at least 60 days before the award of the lease. Prohibits the extension or renewal of a lease entered into under this Act. Requires, upon the termination of such a lease, that if the Secretary determines the continuation of commercial services at the resort to be appropriate, such services shall be provided in accordance with the National Park Service Concessions Management Improvement Act of 1998. Requires the owner of the retained use estate to terminate, extinguish, and relinquish to the Secretary all rights under the retained use estate and transfer, without consideration, ownership of improvements on the retained use estate to the NPS. Requires an appraisal that is agreed to by the Secretary and the owner to determine the value, if any, of the relinquished term of the retained use estate, to be conducted in accordance with this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security and Medicare Lock- Box Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the Balanced Budget Act of 1997 and strong economic growth have ended decades of deficit spending; (2) the Government is able to meet its current obligations without using the social security and medicare surpluses; (3) fiscal pressures will mount as an aging population increases the Government's obligations to provide retirement income and health services; (4) social security and medicare hospital insurance surpluses should be used to reduce the debt held by the public until legislation is enacted that reforms social security and medicare; (5) preserving the social security and medicare hospital insurance surpluses would restore confidence in the long-term financial integrity of social security and medicare; and (6) strengthening the Government's fiscal position through debt reduction would increase national savings, promote economic growth, and reduce its interest payments. (b) Purpose.--It is the purpose of this Act to-- (1) prevent the surpluses of the social security and medicare hospital insurance trust funds from being used for any purpose other than providing retirement and health security; and (2) use such surpluses to pay down the national debt until such time as medicare and social security reform legislation is enacted. SEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE SURPLUSES. (a) Protection of Social Security and Medicare Surpluses.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``lock-box for social security and hospital insurance surpluses ``Sec. 316. (a) Lock-box for Social Security and Hospital Insurance Surpluses.-- ``(1) Concurrent resolutions on the budget.-- ``(A) In general.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or an amendment thereto or conference report thereon, that would set forth a surplus for any fiscal year that is less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year. ``(B) Exception.--(i) Subparagraph (A) shall not apply to the extent that a violation of such subparagraph would result from an assumption in the resolution, amendment, or conference report, as applicable, of an increase in outlays or a decrease in revenue relative to the baseline underlying that resolution for social security reform legislation or medicare reform legislation for any such fiscal year. ``(ii) If a concurrent resolution on the budget, or an amendment thereto or conference report thereon, would be in violation of subparagraph (A) because of an assumption of an increase in outlays or a decrease in revenue relative to the baseline underlying that resolution for social security reform legislation or medicare reform legislation for any such fiscal year, then that resolution shall include a statement identifying any such increase in outlays or decrease in revenue. ``(2) Spending and tax legislation.-- ``(A) In general.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if-- ``(i) the enactment of that bill or resolution, as reported; ``(ii) the adoption and enactment of that amendment; or ``(iii) the enactment of that bill or resolution in the form recommended in that conference report, would cause the surplus for any fiscal year covered by the most recently agreed to concurrent resolution on the budget to be less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year. ``(B) Exception.--Subparagraph (A) shall not apply to social security reform legislation or medicare reform legislation. ``(b) Enforcement.-- ``(1) Budgetary levels with respect to concurrent resolutions on the budget.--For purposes of enforcing any point of order under subsection (a)(1), the surplus for any fiscal year shall be-- ``(A) the levels set forth in the later of the concurrent resolution on the budget, as reported, or in the conference report on the concurrent resolution on the budget; and ``(B) adjusted to the maximum extent allowable under all procedures that allow budgetary aggregates to be adjusted for legislation that would cause a decrease in the surplus for any fiscal year covered by the concurrent resolution on the budget (other than procedures described in paragraph (2)(A)(ii)). ``(2) Current levels with respect to spending and tax legislation.-- ``(A) In general.--For purposes of enforcing subsection (a)(2), the current levels of the surplus for any fiscal year shall be-- ``(i) calculated using the following assumptions-- ``(I) direct spending and revenue levels at the baseline levels underlying the most recently agreed to concurrent resolution on the budget; and ``(II) for the budget year, discretionary spending levels at current law levels and, for outyears, discretionary spending levels at the baseline levels underlying the most recently agreed to concurrent resolution on the budget; and ``(ii) adjusted for changes in the surplus levels set forth in the most recently agreed to concurrent resolution on the budget pursuant to procedures in such resolution that authorize adjustments in budgetary aggregates for updated economic and technical assumptions in the mid- session report of the Director of the Congressional Budget Office. Such revisions shall be included in the first current level report on the congressional budget submitted for publication in the Congressional Record after the release of such mid-session report. ``(B) Budgetary treatment.--Outlays (or receipts) for any fiscal year resulting from social security or medicare reform legislation in excess of the amount of outlays (or less than the amount of receipts) for that fiscal year set forth in the most recently agreed to concurrent resolution on the budget or the section 302(a) allocation for such legislation, as applicable, shall not be taken into account for purposes of enforcing any point of order under subsection (a)(2). ``(3) Disclosure of hi Surplus.--For purposes of enforcing any point of order under subsection (a), the surplus of the Federal Hospital Insurance Trust Fund for a fiscal year shall be the levels set forth in the later of the report accompanying the concurrent resolution on the budget (or, in the absence of such a report, placed in the Congressional Record prior to the consideration of such resolution) or in the joint explanatory statement of managers accompanying such resolution. ``(c) Additional Content of Reports Accompanying Budget Resolutions and of Joint Explanatory Statements.--The report accompanying any concurrent resolution on the budget and the joint explanatory statement accompanying the conference report on each such resolution shall include the levels of the surplus in the budget for each fiscal year set forth in such resolution and of the surplus or deficit in the Federal Hospital Insurance Trust Fund, calculated using the assumptions set forth in subsection (b)(2)(A). ``(d) Definitions.--As used in this section: ``(1) The term `medicare reform legislation' means a bill or a joint resolution to save Medicare that includes a provision stating the following: `For purposes of section 316(a) of the Congressional Budget Act of 1974, this Act constitutes medicare reform legislation.'. ``(2) The term `social security reform legislation' means a bill or a joint resolution to save social security that includes a provision stating the following: `For purposes of section 316(a) of the Congressional Budget Act of 1974, this Act constitutes social security reform legislation.'. ``(e) Waiver and Appeal.--Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section. ``(f) Effective Date.--This section shall cease to have any force or effect upon the enactment of social security reform legislation and medicare reform legislation.''. (b) Conforming Amendment.--The item relating to section 316 in the table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended to read as follows: ``Sec. 316. Lock-box for social security and hospital insurance surpluses.''. SEC. 4. PRESIDENTS' BUDGET. (a) Protection of Social Security and Medicare Surpluses.--If the budget of the United States Government submitted by the President under section 1105(a) of title 31, United States Code, recommends an on- budget surplus for any fiscal year that is less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year, then it shall include a detailed proposal for social security reform legislation or medicare reform legislation. (b) Effective Date.--Subsection (a) shall cease to have any force or effect upon the enactment of social security reform legislation and medicare reform legislation as defined by section 316(d) of the Congressional Budget Act of 1974. Passed the House of Representatives February 13, 2001. Attest: JEFF TRANDAHL, Clerk.

Social Security and Medicare Lock-Box Act of 2001 - Amends the Congressional Budget Act of 1974 to provide a point of order against consideration of any: (1) budget resolution that sets forth a surplus for any fiscal year that is less than the surplus of the Federal Hospital Insurance Trust Fund for such year; or (2) legislation that would cause any surplus to be less than the Fund surplus for the covered fiscal year.Makes the point of order described in (1) above inapplicable to the extent that a violation would result from an assumption in the resolution of an increase in outlays or decrease in revenue relative to the baseline underlying the resolution for social security or Medicare reform legislation. Makes the point of order described in (2) above inapplicable to social security or Medicare reform legislation. Establishes the levels of surplus for purposes of enforcing the preceding points of order. Authorizes a waiver or suspension of such points of order only by an affirmative vote of three-fifths of the Members of the Senate.Requires any Federal budget submitted by the President that recommends an on-budget surplus for any fiscal year that is less than the surplus of the Fund for such year to include a proposal for social security or Medicare reform legislation. Makes this Act inapplicable upon the enactment of social security and Medicare reform legislation. Defines "social security reform legislation" and "Medicare reform legislation" as a bill or joint resolution to save social security or Medicare, respectively, that specifies that it constitutes reform legislation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jesse Gray Housing Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the number of rental dwelling units available for lower income families is insufficient, and the physical condition of a substantial portion of such dwelling units is inadequate; (2) Federal housing assistance programs, such as rent subsidies, vouchers, and other rental and mortgage assistance, too frequently assist middle and higher income families and do not meet the demand for housing by lower income families; (3) such Federal housing assistance programs are not cost- effective, due to a lack of suitable rental dwelling units available for lower income families; and (4) a significant number of families are paying more than 25 percent of their monthly income for rent. (b) Purposes.--The purposes of this Act are-- (1) to ensure that all families in the United States have access to rental dwelling units at rents that are not more than 25 percent of their monthly income, and that such rental dwelling units are decent, safe, and sanitary; (2) to ensure that all funds for housing assistance by the Federal Government benefit lower income families by requiring the Secretary of Housing and Urban Development to propose that Federal housing assistance be limited to lower income families; and (3) to encourage the establishment of a public housing system that consists of-- (A) projects located throughout metropolitan and rural areas; (B) low-density projects, to the extent practicable; and (C) dwelling units that are visually indistinguishable from comparable privately owned dwelling units. SEC. 3. CONSTRUCTION OF PUBLIC HOUSING. Section 5 of the United States Housing Act of 1937 (42 U.S.C. 1437c) is amended by adding at the end the following new subsection: ``(m)(1) The Secretary shall carry out a program for the construction of 500,000 new dwelling units in public housing during each of the fiscal years 1998 through 2007. ``(2) There are authorized to be appropriated to carry out this subsection such sums as may be necessary for each of the fiscal years 1998 through 2007. Any amount appropriated under this paragraph shall remain available until expended.''. SEC. 4. REVITALIZATION OF PUBLIC HOUSING. Section 14(b) of the United States Housing Act of 1937 (42 U.S.C. 1437l(b)) is amended by adding at the end the following new paragraph: ``(3)(A) To the extent approved in appropriation Acts and subject to subparagraph (B), the Secretary shall make available and contract to make available financial assistance under this subsection, in addition to financial assistance made available under paragraphs (1) and (2). In making assistance available under this paragraph, the Secretary shall give particular preference to public housing agencies requesting such assistance for public housing projects that the Secretary determines would likely have been subject to demolition or disposition under section 18, as such section was in effect before the date of the enactment of the Jesse Gray Housing Act. ``(B) For purposes of this paragraph, the aggregate amount of budget authority that may be obligated for contracts for annual contributions is increased on October 1 of each of the years 1997 through 2006 by the amount necessary to provide for the revitalization of 100,000 dwelling units in public housing during each of the fiscal years 1998 through 2007, respectively.''. SEC. 5. PROHIBITION OF DEMOLITION AND DISPOSITION OF PUBLIC HOUSING. (a) In General.--Section 18(a) of the United States Housing Act of 1937 (42 U.S.C. 1437p(a)) is amended by striking ``The Secretary'' and all that follows and inserting the following: ``The Secretary may not authorize any public housing agency to demolish or dispose of any public housing project or any portion of a public housing project.''. (b) Conforming Amendments.--Section 18 of the United States Housing Act of 1937 is amended-- (1) by striking subsections (b), (c), (e), and (f); (2) in subsection (d), by striking ``without obtaining the approval of the Secretary and satisfying the conditions specified in subsections (a) and (b)''; and (3) by redesignating subsections (d) and (g) as subsections (b) and (c), respectively. SEC. 6. TENANT RENT CONTRIBUTIONS. (a) Lower Income Housing Under the United States Housing Act of 1937.--The United States Housing Act of 1937 is amended-- (1) in section 3(a)(1)(A) (42 U.S.C. 1437a(a)(1)(A)), by striking ``30'' and inserting ``25''; (2) in section 8(o) (42 U.S.C. 1437f(o)), by striking ``30'' each place it appears and inserting ``25''; (3) in section 8(u)(2) (42 U.S.C. 1437f(u)(2)), by striking ``30'' and inserting ``25''; (4) in section 8(y)(2)(A) (42 U.S.C. 1437f(y)(2)(A)), by striking ``30'' and inserting ``25''; (5) in section 16(d)(1) (42 U.S.C. 1437n(d)(1)), by striking ``30'' and inserting ``25''; (6) in section 23(d) (42 U.S.C. 1437u(d)), by striking ``30'' each place it appears and inserting ``25''; and (7) in section 304(b) (42 U.S.C. 1437aaa-3(b)), by striking ``30'' and inserting ``25''. (b) Public Housing Mixed Income New Communities Strategy Demonstration.--Section 521(e)(4) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 1437f note) is amended by striking ``30'' and inserting ``25''. (c) Supportive Housing for the Elderly.--Section 202(c)(3) of the Housing Act of 1959 (12 U.S.C. 1701q(c)(3)) is amended by striking ``30'' and inserting ``25''. (d) Supportive Housing for Persons With Disabilities.--Section 811(d)(3) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(d)(3)) is amended by striking ``30'' and inserting ``25''. (e) HOME Program.--Section 215(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745(a)) is amended by striking ``30'' each place it appears and inserting ``25''. (f) Rent Supplements.--Section 101(d) of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s(d)) is amended by striking ``30'' and inserting ``25''. (g) Rental and Cooperative Housing for Lower Income Families.-- Section 236(f) of the National Housing Act (12 U.S.C. 1715z-1(f)) is amended-- (1) in paragraphs (1), (2), and (5)(A)(i), by striking ``30'' each place it appears and inserting ``25''; and (2) in paragraph (1)(ii), by striking ``25'' and inserting ``20''. (h) Multifamily Property Disposition.--Section 203 of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z-11) is amended by striking ``30'' each place it appears in subsections (b)(5) and (g) and inserting ``25''. (i) Transitional Provisions.--Section 206(d)(6) of the Housing and Urban-Rural Recovery Act of 1983 (42 U.S.C. 1437a note) is amended by striking ``30'' and inserting ``25''. (j) Low-Income Housing Preservation and Resident Homeownership Act of 1990.--The Low-Income Housing Preservation and Resident Homeownership Act of 1990 is amended-- (1) in section 218(a)(1)(A) (12 U.S.C. 4108(a)(1)(A)), by striking ``30'' and inserting ``25''; and (2) in subparagraphs (D) and (E)(iii) of section 222(a)(2) (12 U.S.C. 4112(a)(2)), by striking ``30'' each place it appears and inserting ``25''. (k) State Preservation Project Assistance.--Section 613(b)(2) of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 4125(b)(2)) is amended by striking ``30'' and inserting ``25''. (l) Preserving Existing Housing Investment.--The item relating to ``Housing Programs--preserving existing housing investment'' in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 4101 note) is amended by striking ``30'' and inserting ``25''. (m) Emergency Low Income Housing Preservation Act of 1987.--In carrying out the provisions of the Emergency Low Income Housing Preservation Act of 1987 (12 U.S.C. 1715l note) pursuant to section 604 of the Cranston-Gonzalez National Affordable Housing Act, each reference in such provisions to 30 percent of adjusted income shall be considered to refer to 25 percent of adjusted income. (n) HOPE Homeownership Programs.--Sections 424(b) and 444(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12874(b), 12894(b)) are each amended by striking ``30'' and inserting ``25''. (o) Native American Housing Assistance.--Section 203(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is amended by striking ``30'' and inserting ``25''. (p) FHA-Insured Assisted Housing.--Section 221 of the National Housing Act (12 U.S.C. 1715l) is amended by striking ``30'' and inserting ``25'' in each of the following provisions: (1) Subparagraph (A) of the last undesignated paragraph of subsection (f). (2) Subsection (l)(1). (q) Affordable Housing Goals for Federal Housing Enterprises.-- Sections 1332(c)(2) and 1333(c)(2) of the Housing and Community Development Act of 1992 (12 U.S.C. 4562(c)(2), 4563(c)(2)) are each amended by striking ``30'' and inserting ``15''. (r) Rural Housing for Lower Income Families.--The Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by striking ``30'' and inserting ``25'' each place it appears in each of the following sections: (1) Section 521(a). (2) Section 530. (3) Section 542(a). (s) Federal Home Loan Bank Act.--The Federal Home Loan Bank Act is amended by striking ``30'' and inserting ``25'' in each of the following sections: (1) Section 10(j)(13)(D) (12 U.S.C. 140(j)(13)(D)). (2) Section 21A(c) (12 U.S.C. 1441a(c))-- (A) in paragraph (4)(A); and (B) in paragraph (14)(G). (t) Federal Deposit Insurance Act.--Section 40 of the Federal Deposit Insurance Act (12 U.S.C. 1831q) is amended by striking ``30'' and inserting ``25'' in each of the following subsections: (1) Subsection (e)(1). (2) Subsection (n)(7). (u) Community Development Block Grants.--Section 104(d)(2)(A)(iii)(I) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(d)(2)(A)(iii)(I)) is amended by striking ``30'' and inserting ``25''. (v) New Towns Emergency Relief Demonstration.--Sections 1103(c)(4) and 1106(d)(1)(A)(iii)(I) of the Housing and Community Development Act of 1992 (42 U.S.C. 5318 note) are each amended by striking ``30'' and inserting ``25''. (w) Exclusion of Certain Income.--Notwithstanding any other provision of law, for purposes of determining the monthly contribution to be made by a family under the provisions amended by this section, the adjusted income of a family shall exclude any income attributable to any cost-of-living adjustment made after the effective date of this section in-- (1) any welfare assistance received by such family from a public agency; or (2) any benefits received by such family under the Social Security Act. (x) Effective Date.--The provisions of, and amendments made by, this section shall take effect on October 1, 1997. SEC. 7. REPORT REGARDING FEDERAL HOUSING ASSISTANCE. The Secretary of Housing and Urban Development, following consultation with public housing agencies, shall prepare and submit to the Congress a comprehensive report setting forth a proposal to limit Federal housing assistance to assistance for public housing in order to ensure that all funds for housing assistance provided by the Federal Government benefit lower income families.

Jesse Gray Housing Act - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development to carry out a program to construct new public housing units. Authorizes appropriations. Requires the Secretary to make financial assistance available for public housing projects, especially those likely to be disposed of or demolished. Prohibits the Secretary from approving a project demolition application. Reduces lower-income rent contribution and related amounts under: (1) the United States Housing Act of 1937; (2) the Cranston-Gonzalez National Affordable Housing Act; (3) the Housing Act of 1959; (4) the Housing and Urban Development Act of 1965; (5) the National Housing Act; (6) the Housing and Community Development Amendments of 1978; (7) the Housing and Urban-Rural Recovery Act of 1983; (8) the Low-Income Housing Preservation and Resident Homeownership Act of 1990; (9) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, (10) the Native American Housing Assistance and Self-Determination Act of 1996; (11) the Housing and Community Development Act of 1992; (12) the Housing Act of 1949; (13) the Federal Home Loan Bank Act; (14) the Federal Deposit Insurance Act; (15) the Housing and Community Development Act of 1974; and (16) the Housing and Community Development Act of 1992. Excludes welfare or social security cost-of-living adjustments from such adjusted income determinations. Directs the Secretary to prepare a Federal housing assistance report.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Frills Prison Act''. SEC. 2. ELIMINATION OF LUXURIOUS PRISON CONDITIONS. (a) States.--Section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 is amended-- (1) by inserting ``(A)'' after ``(1)''; (2) by redesignating existing paragraph (2) as subparagraph (B); (3) by redesignating existing subparagraphs (A) through (D) as clauses (i) through (iv) respectively; (4) by redesignating existing clauses (i) and (ii) as subclauses (I) and (II); (5) by striking the period at the end and inserting ``; and''; and (6) by adding at the end the following: ``(2) provides living conditions and opportunities to prisoners within its prisons that are not more luxurious than those conditions and opportunities the average prisoner would have experienced if such prisoner were not incarcerated, and does not provide to any such prisoner-- ``(A)(i) earned good time credits; ``(ii) less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims; ``(iii) unmonitored phone calls, except when between the prisoner and the prisoner's immediate family or legal counsel; ``(iv) in-cell television viewing; ``(v) the viewing of R, X, or NC-17 rated movies, through whatever medium presented; ``(vi) possession of any pornographic materials; ``(vii) any instruction (live or through broadcasts) or training equipment for boxing, wrestling, judo, karate, or other martial art, or any bodybuilding or weightlifting equipment of any sort; ``(viii) except for use during required work, the use or possession of any electric or electronic musical instrument, or practice on any musical instrument for more than one hour a day; ``(ix) use of personally owned computers or modems; ``(x) possession of in-cell coffee pots, hot plates, or heating elements; ``(xi) any living or work quarters into which the outside view is obstructed; ``(xii) food exceeding in quality or quantity that which is available to enlisted personnel in the United States Army; ``(xiii) dress or hygiene, grooming and appearance other than those allowed as uniform or standard in the prison; or ``(xiv) equipment or facilities at public expense for publishing or broadcasting content not previously approved by prison officials as consistent with prison order and prisoner discipline; and ``(B) in the case of a prisoner who is serving a sentence for a crime of violence which resulted in serious bodily injury to another-- ``(i) housing other than in separate cell blocks intended for violent prisoners and designed to emphasis punishment rather than rehabilitation; ``(ii) less than 9 hours a day of physical labor, with confinement to cell for any refusing to engage in that labor, but a prisoner not physically able to do physical labor may be assigned to alternate labor; ``(iii) any temporary furlough, leave, excursion, or other release from the prison for any purpose, unless the prisoner remains at all times under physical or mechanical restraints, such as handcuffs, and under the constant escort and immediate supervision of at least one armed correctional officer; ``(iv) any viewing of television; ``(v) any inter-prison travel for competitive sports, whether as a participant or spectator; ``(vi) more than one hour a day spent in sports or exercise; or ``(vii) possession of personal property exceeding 75 pounds in total weight or that cannot be stowed in a standard size United States military issue duffel bag.''. (b) Federal.-- (1) Generally.--The Attorney General shall by rule establish conditions in the Federal prison system that, as nearly as may be, are the same as those conditions required in State prisons under section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 as amended by this section. (2) Conforming amendment.--Section 3624 of title 18, United States Code, is amended by striking subsection (b).

No Frills Prison Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for truth in sentencing incentive grants, to demonstrate that it: (1) provides living conditions and opportunities within its prisons that are not more luxurious than those that the average prisoner would have experienced if not incarcerated; (2) does not provide to any such prisoner specified benefits or privileges, including earned good time credits, less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims, unmonitored phone calls (with exceptions), in-cell television viewing, possession of pornographic materials, instruction or training equipment for any martial art or bodybuilding or weightlifting equipment, or dress or hygiene other than as is uniform or standard in the prison; and (3) in the case of a prisoner serving a sentence for a crime of violence which resulted in serious bodily injury to another, does not provide housing other than in separate cell blocks intended for violent prisoners, less than nine hours a day of physical labor (with exceptions), any release from the prison for any purpose unless under physical or mechanical restraint, any viewing of television, any inter-prison travel for competitive sports, more than one hour a day spent in sports or exercise, or possession of personal property exceeding 75 pounds in total weight or that cannot be stowed in a standard size U.S. military issue duffel bag. Directs the Attorney General to establish similar conditions in the Federal prison system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Pell Promise Act''. SEC. 2. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM. Subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) is amended by adding at the end the following: ``SEC. 401B. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM. ``(a) Program Authority.--The Secretary is authorized to carry out an Early Federal Pell Grant Commitment Program (referred to in this section as the `Program') under which the Secretary shall-- ``(1) award grants to State educational agencies to pay the administrative expenses incurred in participating in the Program; and ``(2) make a commitment to award Federal Pell Grants to eligible students in accordance with this section. ``(b) Program Requirements.--The Program shall meet the following requirements: ``(1) Eligible students.-- ``(A) In general.--A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student-- ``(i) is in 8th grade; and ``(ii) is eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). ``(2) Federal pell grant commitment.-- ``(A) In general.--Except as provided in subparagraph (B), each eligible student who participates in the Program shall receive a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student, if the student-- ``(i) applies for Federal financial aid (via the FAFSA) during the student's senior year of secondary school and during the succeeding academic year; and ``(ii) enrolls at such institution of higher education-- ``(I) not later than 3 years after such student receives a secondary school diploma or its recognized equivalent; or ``(II) if such student becomes a member of the Armed Forces (including the National Guard or Reserves), not later than 3 years after such student is discharged, separated, or released from the Armed Forces (including the National Guard or Reserves). ``(B) Exception to commitment.--If an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student applies for Federal financial aid (via the FAFSA) during the student's senior year of secondary school or during the succeeding academic year, and the expected family contribution of the student for either of such years is more than 2 times the threshold amount for Federal Pell Grant eligibility for such year, then such student shall not receive a Federal Pell Grant under this section for the succeeding academic year. Such student shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. ``(3) Applicability of federal pell grant requirements.-- The requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that with respect to each eligible student who participates in the Program and is not subject the exception under paragraph (2)(B), the amount of each such eligible student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution equal to zero. ``(c) State Educational Agency Applications.-- ``(1) In general.--Each State educational agency desiring to participate in the Program shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(2) Contents.--Each application shall include-- ``(A) a description of the proposed targeted information campaign for the Program and a copy of the plan described in subsection (e)(2); ``(B) an assurance that the State educational agency will fully cooperate with the ongoing evaluation of the Program; and ``(C) such other information as the Secretary may require. ``(d) Evaluation.-- ``(1) In general.--From amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not more than $1,000,000 to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. ``(2) Competitive basis.--The grant or contract shall be awarded on a competitive basis. ``(3) Matters evaluated.--The evaluation described in this subsection shall consider metrics established by the Secretary that emphasize college access and success, encouraging low- income students to pursue higher education, and the cost effectiveness of the program. ``(4) Dissemination.--The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. ``(e) Targeted Information Campaign.-- ``(1) In general.--Each State educational agency receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the Program. ``(2) Plan.--Each State educational agency receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for their proposed targeted information campaign. The plan shall include the following: ``(A) Outreach.--Outreach to students and their families, at a minimum, at the beginning and end of each academic year. ``(B) Distribution.--How the State educational agency plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). ``(C) Information.--The annual provision by the State educational agency to all students and families participating in the Program of information regarding-- ``(i) the estimated statewide average higher education institution cost data for each academic year, which cost data shall be disaggregated by-- ``(I) type of institution, including-- ``(aa) 2-year public colleges; ``(bb) 4-year public colleges; ``(cc) 4-year private colleges; and ``(dd) private, for-profit colleges; and ``(II) component, including-- ``(aa) tuition and fees; and ``(bb) room and board; ``(ii) Federal Pell Grants, including-- ``(I) the maximum Federal Pell Grant for each academic year; ``(II) when and how to apply for a Federal Pell Grant; and ``(III) what the application process for a Federal Pell Grant requires; ``(iii) State-specific college savings programs; ``(iv) State-based financial aid, including State-based merit aid; and ``(v) Federal financial aid available to students, including eligibility criteria for the Federal financial aid and an explanation of the Federal financial aid programs. ``(3) Annual information.--The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. ``(4) Reservation.--Each State educational agency receiving a grant under this section shall reserve $200,000 of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''.

Early Pell Promise Act This bill amends the Higher Education Act of 1965 to authorize the Department of Education to carry out a program of grants to state educational agencies under which a student who is in eighth grade and is eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act may be provided a commitment to receive a Federal Pell Grant early in the student's academic career. Pursuant to such a commitment, the student shall receive a Pell Grant during the first two years of attendance at an institution of higher education (IHE) as an undergraduate if the student: files the FAFSA form during the senior year of secondary school and the succeeding year, and enrolls at the IHE not later than three years after receiving a secondary school diploma or after release from the Armed Forces. A student may not receive the early Pell Grant for a succeeding year if the expected family contribution for either year is more than twice the threshold amount for Pell Grant eligibility for that year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Legislature and Political Freedom Act''. SEC. 2. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN CONTRIBUTIONS. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by adding at the end the following new paragraph: ``(9) The limitations established under this subsection shall not apply to contributions made during calendar years beginning after 2000.''. SEC. 3. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS. (a) Termination of Designation of Income Tax Payments.--Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Termination.--This section shall not apply to taxable years beginning after December 31, 1999.'' (b) Termination of Fund and Account.-- (1) Termination of presidential election campaign fund.-- (A) In general.--Chapter 95 of subtitle H of such Code is amended by adding at the end the following new section: ``SEC. 9014. TERMINATION. The provisions of this chapter shall not apply with respect to any presidential election (or any presidential nominating convention) after December 31, 2000, or to any candidate in such an election.'' (B) Transfer of excess funds to general fund.-- Section 9006 of such Code is amended by adding at the end the following new subsection: ``(d) Transfer of Funds Remaining After 1998.--The Secretary shall transfer all amounts in the fund after December 31, 2000, to the general fund of the Treasury.'' (2) Termination of account.--Chapter 96 of subtitle H of such Code is amended by adding at the end the following new section: ``SEC. 9043. TERMINATION. The provisions of this chapter shall not apply to any candidate with respect to any presidential election after December 31, 2000.'' (c) Clerical Amendments.-- (1) The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9014. Termination.'' (2) The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9043. Termination.'' SEC. 4. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF POLITICAL PARTIES. (a) Transfers of Funds by National Political Parties.--Section 304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is amended-- (1) by striking ``and'' at the end of subparagraph (H); (2) by adding ``and'' at the end of subparagraph (I); and (3) by adding at the end the following new subparagraph: ``(J) in the case of a political committee of a national political party, all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under this title;''. (b) Disclosure by State and Local Political Parties of Information Reported Under State Law.--Section 304 of such Act (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d) If a political committee of a State or local political party is required under a State or local law, rule, or regulation to submit a report on its disbursements to an entity of the State or local government, the committee shall file a copy of the report with the Commission at the time it submits the report to such an entity.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections occurring after January 2001. SEC. 5. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS. (a) Mandatory Electronic Filing.--Section 304(a)(11)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) is amended by striking ``permit reports required by'' and inserting ``require reports under''. (b) Requiring Reports for All Contributions Made to Any Political Committee Within 90 Days of Election; Requiring Reports To Be Made Within 24 Hours.--Section 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is amended to read as follows: ``(6)(A) Each political committee shall notify the Secretary or the Commission, and the Secretary of State, as appropriate, in writing, of any contribution received by the committee during the period which begins on the 90th day before an election and ends at the time the polls close for such election. This notification shall be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) after the receipt of such contribution and shall include the name of the candidate involved (as appropriate) and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution. ``(B) The notification required under this paragraph shall be in addition to all other reporting requirements under this Act.''. (c) Increasing Electronic Disclosure.--Section 304 of such Act (2 U.S.C. 434(a)), as amended by section 4(b), is further amended by adding at the end the following new subsection: ``(e)(1) The Commission shall make the information contained in the reports submitted under this section available on the Internet and publicly available at the offices of the Commission as soon as practicable (but in no case later than 24 hours) after the information is received by the Commission. ``(2) In this subsection, the term `Internet' means the international computer network of both Federal and non-Federal interoperable packet-switched data networks.''. (d) Effective Date.--The amendment made by this section shall apply with respect to reports for periods beginning on or after January 1, 2001. SEC. 6. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON IDENTIFICATION OF CONTRIBUTORS. (a) In General.--Section 302(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(i)) is amended-- (1) by striking ``(i) When the treasurer'' and inserting ``(i)(1) Except as provided in paragraph (2), when the treasurer''; and (2) by adding at the end the following new paragraph: ``(2) Paragraph (1) shall not apply with respect to information regarding the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year (as required to be provided under subsection (c)(3)).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to persons making contributions for elections occurring after January 2001.

Amends the Internal Revenue Code to terminate after December 31, 1999, the designation of income tax payments to the Presidential Election Campaign Fund. Terminates the Fund itself and the Presidential Primary Matching Payment Account after December 31, 2000, and transfers any amounts remaining in the Fund to the general fund of the Treasury. Amends FECA, in the case of a political committee of a national political party, to require reports of all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under such Act (soft money). Requires any political committee of a State or local political party to file with the Federal Election Commission (FEC) a copy of any report on disbursements it is required under a State or local law, rule, or regulation to submit to the State or local government. Directs the FEC to make electronic filing of reports mandatory. Revises current deadlines for notification of contributions by a campaign committee. Applies such deadlines to each campaign committee of a candidate, not (as currently) just the principal campaign committee. Requires each political committee to notify, in writing, the appropriate office of any contribution (currently, of $1,000 or more) received by the committee during the period which begins on the 90th day before an election (currently, after the 20th day after, but more than 48 hours before, an election) and ends at the time the polls close for such election. Requires such notification to be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) (currently, within 48 hours) after receipt of the contribution. Requires the FEC to make report information available on the Internet and at FEC offices as soon as practicable after its receipt. Declares that the "best efforts" exception to noncompliance with FECA shall not apply with respect to information regarding the identification of any contributor of more than $200 in the aggregate during a calendar year (thus requiring strict observance of reporting deadlines for all such contributions).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Crisis Line Study Act of 2017''. SEC. 2. STUDY ON EFFICACY OF VETERANS CRISIS LINE. (a) Study.--The Secretary of Veterans Affairs shall conduct a study on the outcomes and the efficacy of the Veterans Crisis Line during the five-year period beginning January 1, 2014, based on an analysis of national suicide data and data collected from the Veterans Crisis Line. (b) Matters Included.--The study under subsection (a) shall address the following: (1) The efficacy of the Veterans Crisis Line in leading veterans to sustained mental health regimens, by determining-- (A) the number of veterans who, after contacting the Veterans Crisis Line and being referred to a suicide prevention specialist, begin and continue mental health care furnished by the Secretary of Veterans Affairs; and (B) the number of veterans who, after contacting the Veterans Crisis Line and being referred to a suicide prevention specialist, either-- (i) begin mental health care furnished by the Secretary but do not continue such care; or (ii) do not begin such care. (2) The visibility of the Veterans Crisis Line, by determining-- (A) the number of veterans who contact the Veterans Crisis Line and have not previously received hospital care or medical services furnished by the Secretary; and (B) the number of veterans who contact the Veterans Crisis Line and have previously received hospital care or medical services furnished by the Secretary. (3) The role of the Veterans Crisis Line as part of the mental health care services of the Department, by determining, of the veterans who are enrolled in the health care system established under section 1705(a) of title 38, United States Code, who contact the Veterans Crisis Line, the number who are under the care of a mental health care provider of the Department at the time of such contact. (4) Whether receiving sustained mental health care affects suicidality and whether veterans previously receiving mental health care furnished by the Secretary use the Veterans Crisis Line in times of crisis, with respect to the veterans described in paragraph (3), by determining the time frame between receiving such care and the time of such contact. (5) The effectiveness of the Veterans Crisis Line in assisting veterans at risk for suicide when the Veterans Crisis Line is contacted by a non-veteran, by determining, of the number of non-veterans who contact the Veterans Crisis Line looking for support in assisting a veteran, how many of such individuals receive support in having a veteran begin to receive mental health care furnished by the Secretary. (6) The overall efficacy of the Veterans Crisis Line in preventing suicides and whether the number of contacts affects the efficacy, by determining-- (A) the number of veterans who contact the Veterans Crisis Line who ultimately commit or attempt suicide; and (B) of such veterans, how many times did a veteran contact the Veterans Crisis Line prior to committing or attempting suicide. (7) The long-term efficacy of the Veterans Crisis Line in preventing repeated suicide attempts and whether the efficacy is temporary, by determining, of the number of veterans who contacted the Veterans Crisis Line and did not commit or attempt suicide during the following six-month period, the number who contacted the Veterans Crisis Line in crisis at a later time and thereafter did commit or attempt suicide. (8) Whether referral to mental health care affects the risk of suicide, by determining-- (A) the number of veterans who contact the Veterans Crisis Line who are not referred to, or do not continue receiving, mental health care who commit suicide; and (B) the number of veterans described in paragraph (1)(A) who commit or attempt suicide. (9) The efficacy of the Veterans Crisis Line to promote continued mental health care in those veterans who are at high risk for suicide whose suicide was prevented, by determining, of the number of veterans who contacted the Veterans Crisis Line and did not commit or attempt suicide soon thereafter, the number that begin and continue to receive mental health care furnished by the Secretary. (c) Data Collection Practices.--During the portion of the five-year period of study under subsection (a) after the date of the enactment of this Act, data shall be collected in the same manner that it had been collected during the portion of the period of the study before such date of enactment. Data collection shall not be construed as being extended, contracted, or modified in any way due to the enactment of this Act. (d) Submission.--Not later than March 1, 2020, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives the study conducted under subsection (a). (e) Veterans Crisis Line Defined.--In this section, the term ``Veterans Crisis Line'' means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code.

Veterans Crisis Line Study Act of 2017 This bill directs the Department of Veterans Affairs (VA) to conduct a study on the outcomes and the efficacy of the Veterans Crisis Line during the five-year period beginning January 1, 2014, based on an analysis of national suicide data and data collected from the line. Such study shall address: (1) the efficacy of the line in leading veterans to sustained mental health regimens and suicide prevention; (2) the line's visibility; (3) the role of the line as part of the VA's mental health care services; and (4) whether receiving sustained mental health care affects suicidality, including among veterans who are at high risk for suicide.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cardiac Arrest Survival Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year more than 350,000 adults suffer cardiac arrest, usually away from a hospital. More than 95 percent of them will die, in many cases, because lifesaving defibrillators arrive on the scene too late, if at all. (2) These cardiac arrest deaths occur primarily from occult underlying heart disease and from drownings, allergic or sensitivity reactions, or electrical shocks. (3) Survival from cardiac arrest requires successful early implementation of a chain of events, the chain of survival which begins when the person sustains a cardiac arrest and continues until the person arrives at the hospital. (4) A successful chain of survival requires the first person on the scene to take rapid and simple initial steps to care for the patient and to assure the patient promptly enters the emergency medical services system. (5) The first persons on the scene when an arrest occurs are typically lay persons who are friends or family of the victim, fire services, public safety personnel, basic life support emergency medical services providers, teachers, coaches, and supervisors of sports or other extracurricular activities, providers of day care, school bus drivers, lifeguards, attendants at public gatherings, coworkers, and other leaders within the community. (6) A coordinated Federal response is necessary to ensure that appropriate and timely lifesaving interventions are provided to persons sustaining nontraumatic cardiac arrest. The Federal response should include, but not be limited to-- (A) significantly expanded research concerning the efficacy of various methods of providing immediate out- of-hospital lifesaving interventions to the nontraumatic cardiac arrest patient; (B) the development of research-based, nationally uniform, easily learned and well retained model core educational content concerning the use of such lifesaving interventions by health care professionals, allied health personnel, emergency medical services personnel, public safety personnel, and other persons who are likely to arrive immediately at the scene of a sudden cardiac arrest; (C) an identification of the legal, political, financial, and other barriers to implementing these lifesaving interventions; and (D) the development of model State legislation to reduce identified barriers and to enhance each State's response to this significant problem. SEC. 3. NATIONAL INSTITUTES OF HEALTH MODEL PROGRAM ON THE FIRST LINKS IN THE CHAIN OF SURVIVAL. Section 421 of the Public Health Service Act (42 U.S.C. 285b-3) is amended by adding at the end the following subsection: ``(c) Programs under subsection (a)(1)(E) (relating to emergency medical services and preventive, diagnostic, therapeutic, and rehabilitative approaches) shall include programs for the following: ``(1) The development and dissemination, in coordination with the emergency services guidelines promulgated under section 402(a) of title 23, United States Code, by the Associate Administrator for Traffic Safety Programs, Department of Transportation, of a core content for a model State training program applicable to cardiac arrest for inclusion in appropriate current emergency medical services educational curricula and training programs that address lifesaving interventions, including cardiopulmonary resuscitation and defibrillation. In developing the core content for such program, the Director of the Institute may rely upon the content of similar curricula and training programs developed by national nonprofit entities. The core content of such program-- ``(A) may be used by health care professionals, allied health personnel, emergency medical services personnel, public safety personnel, and any other persons who are likely to arrive immediately at the scene of a sudden cardiac arrest (in this subsection referred to as `cardiac arrest care providers') to provide lifesaving interventions, including cardiopulmonary resuscitation and defibrillation; ``(B) shall include age-specific criteria for the use of particular techniques, which shall include infants and children; and ``(C) shall be reevaluated as additional interventions are shown to be effective. ``(2) The operation of a limited demonstration project to provide training in such core content for cardiac arrest care providers to validate the effectiveness of the training program. ``(3) The definition and identification of cardiac arrest care providers, by personal relationship, exposure to arrest or trauma, occupation (including health professionals), or otherwise, who could provide benefit to victims of out-of- hospital arrest by comprehension of such core content. ``(4) The establishment of criteria for completion and comprehension of such core content, including consideration of inclusion in health and safety educational curricula. ``(5) The identification of equipment and supplies that should be accessible to cardiac arrest care providers to permit lifesaving interventions by preplacement of such equipment in appropriate locations insofar as such activities are consistent with the development of the core content and utilize information derived from such studies by the National Institutes of Health on investigation in cardiac resuscitation. ``(6) The development in accordance with this paragraph of model State legislation (or Federal legislation applicable to Federal territories, facilities, and employees). In developing the model legislation, the Director of the Institute shall cooperate with the Attorney General, and may consult with nonprofit private organizations that are involved in the drafting of model State legislation. The model legislation should take into consideration the following: ``(A) The purpose of the model legislation shall be to ensure-- ``(i) access to emergency medical services through consideration of a requirement for public placement of lifesaving equipment; and ``(ii) good samaritan immunity for cardiac arrest care providers; those involved with the instruction of the training programs; and owners and managers of property where equipment is placed. ``(B) In the development of the model legislation, there shall be consideration of requirements for training in the core content and use of lifesaving equipment for State licensure or credentialing of health professionals or other occupations or employment of other individuals who may be defined as cardiac arrest care providers under paragraph (3). ``(7) The coordination of a national database for reporting and collecting information relating to the incidence of cardiac arrest, the circumstances surrounding such arrests, the rate of survival, the effect of age, and whether interventions, including cardiac arrest care provider interventions, or other aspects of the chain of survival, improve the rate of survival. The development of such database shall be coordinated with other existing databases on emergency care that have been developed under the authority of the National Highway Traffic Safety Administration and the Centers for Disease Control and Prevention.''.

Cardiac Arrest Survival Act - Amends the Public Health Service Act with respect to emergency medical services (EMS). Requires programs for emergency medical services and preventive, diagnostic, therapeutic, and rehabilitative approaches to include: (1) development and dissemination of a core content for a model State training program applicable to cardiac arrest for inclusion in EMS educational curricula and training programs that address lifesaving interventions, including cardiopulmonary resuscitation and defibrillation; (2) a limited demonstration project to provide training in such core content; (3) identification of cardiac arrest care providers; (4) identification of equipment and supplies that should be accessible to such providers to permit lifesaving interventions; (5) development of model State and Federal legislation; and (6) coordination of a national database for reporting and collecting information on the incidence of cardiac arrest and related issues. Prescribes guidelines for the core content of the model State training program. Declares that the purpose of the model legislation is to ensure: (1) access to EMS through consideration of a requirement for public placement of lifesaving equipment; and (2) good samaritan immunity for cardiac arrest care providers, those involved with the instruction of the training programs, and owners and managers of property where equipment is placed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bringing Urgent Investment to Local Development Act'' or the ``BUILD Act''. SEC. 2. BUILD AMERICA BONDS MADE PERMANENT; RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS FOR CERTAIN CITIES. (a) In General.--Subparagraph (B) of section 54AA(d)(1) of the Internal Revenue Code of 1986 is amended by inserting ``or during a period beginning on or after the date of the enactment of the Bringing Urgent Investment to Local Development Act,'' after ``January 1, 2011,''. (b) Reduction in Credit Percentage to Bondholders.--Subsection (b) of section 54AA of such Code is amended to read as follows: ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any interest payment date for a build America bond is the applicable percentage of the amount of interest payable by the issuer with respect to such date. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage shall be determined under the following table: ``In the case of a bond issued The applicable during calendar year: percentage is: 2014................................................... 35 2015................................................... 32 2016................................................... 31 2017................................................... 30 2018................................................... 29 2019 and thereafter.................................... 28.''. (c) Extension of Payments to Issuers.-- (1) In general.--Section 6431 of such Code is amended-- (A) by inserting ``or during a period beginning on or after the date of the enactment of the Bringing Urgent Investment to Local Development Act,'' after ``January 1, 2011,'' in subsection (a), and (B) by striking ``before January 1, 2011'' in subsection (f)(1)(B) and inserting ``during a particular period''. (2) Conforming amendments.--Subsection (g) of section 54AA of such Code is amended-- (A) by inserting ``or during a period beginning on or after the date of the enactment of the Bringing Urgent Investment to Local Development Act,'' after ``January 1, 2011,'', and (B) by striking ``Qualified Bonds Issued Before 2011'' in the heading and inserting ``Certain Qualified Bonds''. (d) Reduction in Percentage of Payments to Issuers.--Subsection (b) of section 6431 of such Code is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary'', (2) by striking ``35 percent'' and inserting ``the applicable percentage'', and (3) by adding at the end the following new paragraph: ``(2) Applicable percentage.--For purposes of this subsection, the term `applicable percentage' means the percentage determined in accordance with the following table: ``In the case of a qualified bond The applicable issued during calendar year: percentage is: 2014................................................... 35 2015................................................... 32 2016................................................... 31 2017................................................... 30 2018................................................... 29 2019 and thereafter.................................... 28.''. (e) Recovery Zone Economic Development Bonds for Certain Cities.-- (1) In general.--Section 54AA of such Code is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following: ``(h) Special Rule for Recovery Zone Economic Development Bonds for Certain Cities.--In the case of an economic development extension bond-- ``(1) Issuer allowed refundable credit.--In lieu of any credit allowed under this section with respect to such bond, the issuer of such bond shall be allowed a credit as provided in section 6431. ``(2) Applicable percentage.--The applicable percentage under subsection (b) shall be 35 percent. ``(3) Economic development extension bond.--For purposes of this subsection-- ``(A) In general.--The term `economic development extension bond' means any build America bond issued as part of an issue if-- ``(i) 100 percent of the excess of-- ``(I) the available project proceeds (as defined in section 54A) of such issue, over ``(II) the amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue, are to be used for one or more qualified purposes, and ``(ii) the issuer makes an irrevocable election to have this subsection apply and designates such bond for purposes of this section. ``(B) Qualified purposes.--The term `qualified purposes' means-- ``(i) any qualified economic development purpose (as defined in section 1400U-2(c), applied by treating specified cities (and only specified cities) as recovery zones), and ``(ii) any refinancing of indebtedness of a specified city which is outstanding on the date of the enactment of this subsection. ``(C) Specified city.--The term `specified city' means any principal city for a metropolitan statistical area (as determined by the Office of Management and Budget) which-- ``(i) has an average unemployment rate of not less than 150 percent of the national average rate for the last calendar year ending before the date of the enactment of this section, ``(ii) has a poverty rate of not less that 150 percent of the national poverty rate for the last calendar year ending before the date of the enactment of this section, or ``(iii) has lost at least 20 percent of its population between calendar year 2000 and calendar year 2010. ``(D) Limitation on amount of bonds designated.-- ``(i) In general.--The maximum aggregate face amount of bonds which may be designated under subparagraph (A) with respect to any specified city shall not exceed the bond limitation allocated to such city under clause (ii). ``(ii) Allocation.--The Secretary shall allocate bond limitation to each specified city such that the bond limitation allocated to such city bears the same proportion to $1,000,000,000 as the population of such city (as determined for purposes of the 2010 census) bears to the total population of all specified cities (as so determined).''. (2) Payments to issuers.--Section 6431 of such Code is amended by adding at the end the following: ``(g) Application of Section to Certain Economic Development Extension Bonds.-- ``(1) In general.--An economic development extension bond shall be treated as a qualified bond for purposes of this section. ``(2) Applicable percentage.--The applicable percentage under subsection (b) shall be 35 percent.''. (f) Current Refundings Permitted.--Subsection (g) of section 54AA of such Code is amended by adding at the end the following new paragraph: ``(3) Treatment of current refunding bonds.-- ``(A) In general.--For purposes of this subsection, the term `qualified bond' includes any bond (or series of bonds) issued to refund a qualified bond if-- ``(i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, ``(ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and ``(iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. ``(B) Applicable percentage.--In the case of a refunding bond referred to in subparagraph (A), the applicable percentage with respect to such bond under section 6431(b) shall be the lowest percentage specified in paragraph (2) of such section. ``(C) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(D) Issuance restriction not applicable.-- Subsection (d)(1)(B) shall not apply to a refunding bond referred to in subparagraph (A).''. (g) Gross-Up of Payment to Issuers in Case of Sequestration.--In the case of any payment under section 6431(b) of the Internal Revenue Code of 1986 made after the date of the enactment of this Act to which sequestration applies, the amount of such payment shall be increased to an amount equal to-- (1) such payment (determined before such sequestration), multiplied by (2) the quotient obtained by dividing 1 by the amount by which 1 exceeds the percentage reduction in such payment pursuant to such sequestration. For purposes of this subsection, the term ``sequestration'' means any reduction in direct spending ordered in accordance with a sequestration report prepared by the Director of the Office and Management and Budget pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or the Statutory Pay-As-You-Go Act of 2010. (h) Effective Date.--The amendments made by this section shall apply to obligations issued on or after the date of the enactment of this Act.

Bringing Urgent Investment to Local Development Act or the BUILD Act - Amends the Internal Revenue Code, with respect to the tax credit for investment in Build America bonds, to: (1) make permanent the authority for issuance of such bonds, (2) phase in an annual reduction in the credit rate for bondholders and issuers between 2014 and 2019, and (3) allow an issuer a refundable credit amount for investment in economic development bonds in cities with specified unemployment and poverty rates and population loss.

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.--Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.). (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. Regulations. Sec. 8. Effective date. SEC. 2. FINDINGS. Congress finds the following: (1) The Family and Medical Leave Act of 1993 (referred to in this section as the ``Act'') is not working as Congress intended when Congress passed the Act in 1993. Many employers, including those employers that are 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 nonserious 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 recordkeeping, and other compliance problems. (4) The Act often conflicts with employers' paid sick leave policies, prevents 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 (29 U.S.C. 2631 et seq.), which reported few difficulties with compliance with the Act, failed to identify many of the problems with compliance because the study on which the report was based was conducted too soon after the date of 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. Section 101(11) (29 U.S.C. 2611(11)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by aligning the margins of those clauses with the margins of clause (i) of paragraph (4)(A); (3) by inserting before ``The'' the following: ``(A) In general.--''; and (4) by adding at the end the following: ``(B) Exclusions.--The term does not include a short-term illness, injury, impairment, or condition for which treatment and recovery are very brief. ``(C) Examples.--The term includes an illness, injury, impairment, or physical or mental condition such as a heart attack, a heart condition requiring extensive therapy or a surgical procedure, a stroke, a severe respiratory condition, a spinal injury, appendicitis, pneumonia, emphysema, severe arthritis, a severe nervous disorder, an injury caused by a serious accident on or off the job, an ongoing pregnancy, a miscarriage, a complication or illness related to pregnancy, such as severe morning sickness, a need for prenatal care, childbirth, and recovery from childbirth, that involves care or treatment described in subparagraph (A).''. 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 under section 103 by the health care provider after each leave occurrence. An employer may require an employee to take intermittent leave in increments of up to \1/2\ of a workday. An employer may require an employee who travels as part of the normal day- to-day work or duty assignment of the employee and who requests intermittent leave or leave on a reduced schedule to take leave for the duration of that work or assignment if the employer cannot reasonably accommodate the employee's request.''. SEC. 5. REQUEST FOR LEAVE. Section 102(e) (29 U.S.C. 2612(e)) is amended by inserting after paragraph (2) the following: ``(3) Request for leave.--If an employer does not exercise, under subsection (d)(2), the right to require an employee to substitute other employer-provided leave for leave under this title, the employer may require the employee who wants leave under this title to request the leave in a timely manner. If an employer requires a timely request under this paragraph, an employee who fails to make a timely request may be denied leave under this title. ``(4) Timeliness of request for leave.--For purposes of paragraph (3), a request for leave shall be considered to be timely if-- ``(A) in the case of foreseeable leave, the employee-- ``(i) provides the applicable advance notice required by paragraphs (1) and (2); and ``(ii) submits any written application required by the employer for the leave not later than 5 working days after providing the notice to the employer; and ``(B) in the case of unforeseeable leave, the employee-- ``(i) notifies the employer orally of the need for the leave-- ``(I) not later than the date the leave commences; or ``(II) during such additional period as may be necessary, if the employee is physically or mentally incapable of providing the notification; and ``(ii) submits any written application required by the employer for the leave-- ``(I) not later than 5 working days after providing the notice to the employer; or ``(II) during such additional period as may be necessary, if the employee is physically or mentally incapable of 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 a paid absence under the employer's collective bargaining agreement, a welfare benefit plan under the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), or under any other sick leave, sick pay, or disability plan, program, or policy of the employer, the employer may require the employee to choose between the paid absence and unpaid leave provided under this title.''. SEC. 7. REGULATIONS. (a) Existing Regulations.-- (1) Review.--Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall review all regulations issued before that date to implement the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), including the regulations published in sections 825.114 and 825.115 of title 29, Code of Federal Regulations. (2) Termination.--The regulations, and opinion letters promulgated under the regulations, shall cease to be effective on the effective date of final regulations issued under subsection (b)(2)(B), except as described in subsection (c). (b) Revised Regulations.-- (1) In general.--The Secretary of Labor shall issue revised regulations implementing the Family and Medical Leave Act of 1993 that reflect the amendments made by this Act. (2) New regulations.--The Secretary of Labor shall issue-- (A) proposed regulations described in paragraph (1) not later than 90 days after the date of enactment of this Act; and (B) final regulations described in paragraph (1) not later than 180 days after that date of enactment. (3) Effective date.--The final regulations take effect 90 days after the date on which the regulations are issued. (c) Transition.--The regulations described in subsection (a) shall apply to actions taken by an employer prior to the effective date of final regulations issued under subsection (b)(2)(B), with respect to leave under the Family and Medical Leave Act of 1993. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect 180 days after the date of enactment of this Act.

Family and Medical Leave Clarification Act - Amends the Family and Medical Leave Act of 1993 (FMLA) to revise the definition of serious health condition to: (1) exclude from FMLA coverage a short-term illness, injury, impairment, or condition for which treatment and recovery are very brief; and (2) include a list of examples of types of illnesses, injuries, impairments, and physical or mental conditions to be covered under FMLA. Allows employers to require that intermittent leave be taken in minimum blocks of four hours. Requires employees to: (1) request leave be designated as FMLA leave; (2) provide written application within five working days of providing notice to the employer for foreseeable leave; and (3) with respect to unforeseeable leave, to provide, at a minimum, oral notification of the need for the leave not later than the date the leave commences, unless the employee is physically or mentally incapable of providing notice or submitting the application. Permits employers to require employees to choose between taking unpaid leave provided by the FMLA or paid absence under an employer's collective bargaining agreement or other sick leave, sick pay, or disability plan, program, or policy of the employer. Directs the Secretary of Labor to review all existing regulations for implementing FMLA, and to issue new regulations revised to reflect the amendments made by this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Girl Scouts USA Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress find as follows: (1) The Girl Scouts of the United States of America is the world's preeminent organization dedicated solely to girls where they build character and skills for success in the real world. (2) In 1911, Juliette Gordon Low met Sir Robert Baden- Powell, a war hero and the founder of the Boy Scouts. (3) With Baden-Powell's help and encouragement, Juliette Gordon Low made plans to start a similar association for American girls. (4) On March 12, 1912, Juliette Gordon Low organized the first 2 Girl Scout Troops in Savannah, Georgia consisting of 18 members. (5) Low devoted the next 15 years of her life to building the organization, which would become the largest voluntary association for women and girls in the United States. (6) Low drafted the Girl Scout laws, supervised the writing of the first handbook in 1913, and provided most of the financial support for the organization during its early years. (7) The Girl Scouts of the United States of America was chartered by the United States Congress in 1950 in title 36, United States Code. (8) Today there are more than 3,700,000 members in 236,000 troops throughout the United States and United States territories. (9) Through membership in the World Association of Girl Guides and Girl Scouts, Girls Scouts of the United States of America is part of a worldwide family of 10,000,000 girls and adults in 145 countries. (10) More than 50,000,000 American women enjoyed Girl Scouting during their childhood--and that number continues to grow as Girl Scouts of the United States of America continues to inspire, challenge, and empower girls everywhere. (11) March 12, 2012 will mark the 100th Anniversary of the Girl Scouts of the United States of America. 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 350,000 $1 coins in commemoration of the centennial of the Girl Scouts of the USA, 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 sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the centennial of the Girl Scouts of the United States of America. (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 ``2011''; 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 Girl Scouts of the United States of America 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.-- (1) In general.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (2) Use of the united states mint at west point, new york.--It is the sense of the Congress that the coins minted under this Act should be struck at the United States Mint at West Point, New York, to the greatest extent possible. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 2011. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the Girl Scouts of the United States of America for efforts involved in marking the Centennial which may include preservation efforts of the birthplace of Juliette Gordon Low. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Girl Scouts of the United States of America as may be related to the expenditures of amounts paid under subsection (b).

Girl Scouts USA Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the founding of the Girl Scouts of the USA. Requires the coin design to be emblematic of the 100 years of the organization. Restricts issuance of such coins to calendar year 2011. Subjects coin sales to a surcharge of $10 per coin. Requires payment of such surcharges to the Girl Scouts of the United States of America for efforts involved in marking the Centennial, which may include preservation efforts of the birthplace of Juliette Gordon Low.

148, the United States deployed on an emergency basis two aircraft carrier battle groups to the Taiwan Strait, after which the People's Republic of China ceased further planned military exercises. (17) An earlier consequence of such ambiguity and lack of clarity was the expressed surprise by the People's Republic of China that Congress and the American people fully supported President Lee Teng-hui's private visit to his alma mater, Cornell University, necessitating House Concurrent Resolution 53, approved by the House of Representatives by a vote of 390-0 on May 2, 1995, and by the Senate by a vote of 97-1 on May 9, 1995, which stated such support explicitly. SEC. 3. TRAINING OF MILITARY OFFICERS AND SALE OF DEFENSE ARTICLES AND SERVICES TO TAIWAN. (a) Training of Taiwan Military Officers.--The Secretary of Defense and the Secretaries of the military departments shall make every effort to reserve additional positions for Taiwan military officers at the National Defense University and other professional military education schools specified in section 2162(d) of title 10, United States Code, and for prospective Taiwan military officers at the United States Military Academy, the United States Naval Academy, and the Air Force Academy. (b) Foreign Military Sales.--The Secretary of State shall, when considering foreign military sales to Taiwan-- (1) take into account the special status of Taiwan, including the defense needs of Taiwan in response to the military modernization and weapons procurement efforts by the People's Republic of China; and (2) make every effort to ensure that Taiwan has full and timely access to price and availability data for defense articles and defense services. SEC. 4. DETERMINATIONS OF DEFENSE NEEDS OF TAIWAN. (a) Increase in Technical Staff of the American Institute in Taiwan.--Upon the request of the Defense Security Cooperation Agency, the President shall use funds available to the Department of Defense under the Arms Export Control Act for the employment of additional technical staff at the American Institute in Taiwan. (b) Annual Reports.--Beginning 60 days after the next round of arms talks between the United States and Taiwan, and annually thereafter, the President shall submit a report to Congress, in classified and unclassified form-- (1) detailing each of Taiwan's requests for purchase of defense articles and defense services during the one-year period ending on the date of the report; (2) describing the defense needs asserted by Taiwan as justification for those requests; and (3) describing the decision-making process used to reject, postpone, or modify any such request. SEC. 5. STRENGTHENING THE DEFENSE OF TAIWAN. (a) Maintenance of Sufficient Self-Defense Capabilities of Taiwan.--Congress finds that any determination of the nature or quantity of defense articles or defense services to be made available to Taiwan that is made on any basis other than section 3(b) of the Taiwan Relations Act (22 U.S.C. 3302(b)), whether such alternative basis is the August 17, 1982, communique signed with the People's Republic of China, or any similar executive agreement, order, or policy, would violate the intent of Congress in the enactment of such Act. (b) Combined Training and Personnel Exchange Programs.--Not later than 210 days after the date of enactment of this Act, the Secretary of Defense shall implement a plan for the enhancement of programs and arrangements for operational training and exchanges of senior officers between the Armed Forces of the United States and the armed forces of Taiwan for work in threat analysis, doctrine, force planning, operational methods, and other areas. At least 30 days prior to such implementation, the Secretary of Defense shall submit the plan to Congress, in classified and unclassified form. (c) Report Regarding Maintenance of Sufficient Self-Defense Capabilities.--Not later than 45 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the Congress, in classified and unclassified form, an annual report on the security situation in the Taiwan Strait. Such report shall include an analysis of the military forces facing Taiwan from the People's Republic of China, evaluating recent additions to the offensive military capability of the People's Republic of China. The report shall include, but not be limited to, an analysis of the surface and subsurface naval threats, the ballistic missile threat, the air threat, and the threat to the military and civilian communications links in Taiwan. The report shall include a review of the steps taken by the armed forces of Taiwan to address its security situation. (d) Communications Between United States and Taiwan Military Commands.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall certify to the Committee on International Relations and the Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Armed Services of the Senate that direct secure communications exist between the armed forces of the United States and the armed forces of Taiwan. (e) Relation to Arms Export Control Act.--Nothing in this section supersedes or modifies the application of section 36 of the Arms Export Control Act to the sale of any defense article or defense service under this section. SEC. 6. REPORT REGARDING THE ABILITY OF THE UNITED STATES TO RESPOND IN ASIA-PACIFIC CONTINGENCIES THAT INCLUDE TAIWAN. (a) Report.--Not later than 180 days after the date of the enactment of this Act, and updated as appropriate, the Secretary of Defense shall prepare and submit to the chairmen and ranking minority members of the Committee on International Relations and the Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Armed Services of the Senate a report in classified and unclassified form on the ability of the United States to successfully respond to a major contingency in the Asia- Pacific region where United States interests on Taiwan are at risk. (b) Contents.--The report described in subsection (a) shall include-- (1) a description of planning on the national, operational, and tactical levels to respond to, prosecute, and achieve United States strategic objectives with respect to a major contingency described in subsection (a); and (2) a description of the confidence level of the Secretary of Defense in United States military capabilities to successfully respond to such a contingency. (c) Preparation of Report.--In preparing the report under subsection (a), the Secretary of Defense shall use the resources and expertise of the relevant unified commands, military departments, the combat support agencies, and the defense components of the intelligence community, as required, and other such entities within the Department of Defense as the Secretary considers necessary. Passed the House of Representatives February 1, 2000. Attest: JEFF TRANDAHL, Clerk.

Directs the Secretary of State, when considering foreign military sales to Taiwan, to take into account Taiwan's special status (including its defense needs in response to the military modernization and weapons procurement efforts by China) and make every effort to ensure it has full and timely access to price and availability data for defense articles and defense services.Directs the President, upon the request of the Defense Security Cooperation Agency, to use Department of Defense (DOD) funds for the employment of additional technical staff at the American Institute in Taiwan.Directs the President to report annually to Congress with respect to Taiwan's defense needs.Directs the Secretary of Defense to implement a plan for the enhancement of programs for operational training and exchanges of senior officers between U.S. armed forces and Taiwanese armed forces for work in threat analysis, doctrine, force planning, operational methods, and other areas. Directs the Secretary of Defense to: (1) report annually to Congress on the security situation in the Taiwan Strait; and (2) certify to specified congressional committees that direct secure communications exist between the U.S. armed forces and the Taiwanese armed forces.Directs the Secretary of defense to report to specified congressional committees on the U.S. ability to successfully respond to a major contingency in the Asia-Pacific region where U.S. interests on Taiwan are at risk.

SECTION 1. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION PROGRAM. (a) Establishment.-- (1) In general.--The Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a pilot program to provide environmental assistance to non-Federal interests in the Chesapeake Bay watershed. (2) Form.--The assistance shall be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects affecting the Chesapeake Bay estuary, including projects for sediment and erosion control, protection of eroding shorelines, protection of essential public works, wastewater treatment and related facilities, water supply and related facilities, and beneficial uses of dredged material, and other related projects that may enhance the living resources of the estuary. (b) Public Ownership Requirement.--The Secretary may provide assistance for a project under this section only if the project is publicly owned, and will be publicly operated and maintained. (c) Local Cooperation Agreement.-- (1) In general.--Before providing assistance under this section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance. (2) Requirements.--Each local cooperation agreement entered into under this subsection shall provide for the following: (A) Plan.--Development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits. (B) Legal and institutional structures.-- Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest. (d) Cost Sharing.-- (1) Federal share.--Except as provided in paragraph (2)(B), the Federal share of the total project costs of each local cooperation agreement entered into under this section shall be 75 percent. (2) Non-federal share.-- (A) Value of lands, easements, rights-of-way, and relocations.--In determining the non-Federal contribution toward carrying out a local cooperation agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of lands, easements, rights-of- way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of total project costs. (B) Operation and maintenance costs.--The non- Federal share of the costs of operation and maintenance of carrying out the agreement under this section shall be 100 percent. (e) Applicability of Other Federal and State Laws and Agreements.-- (1) In general.--Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project carried out with assistance provided under this section. (2) Cooperation.--In carrying out this section, the Secretary shall cooperate fully with the heads of appropriate Federal agencies, including-- (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; (C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (D) the heads of such other Federal agencies and departments and agencies of a State or political subdivision of a State as the Secretary determines to be appropriate. (f) Demonstration Project.--The Secretary shall establish at least one project under this section in each of the States of Maryland, Virginia, and Pennsylvania. A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources. (g) Report.--Not later than December 31, 1998, the Secretary shall transmit to Congress a report on the results of the program carried out under this section, together with a recommendation concerning whether or not the program should be implemented on a national basis. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 1996, 1997, and 1998, to remain available until expended.

Directs the Secretary of the Army to establish a pilot program to provide environmental assistance to non-Federal interests in the Chesapeake Bay watershed for water-related environmental infrastructure and resource protection and development projects. Requires any project receiving such assistance to be publicly owned, operated, and maintained. Requires local cooperation agreements with non-Federal interests before the provision of such assistance. Places at 75 percent the Federal share of total project costs. Requires the Secretary to establish at least one project for the receipt of such assistance in each of Maryland, Virginia, and Pennsylvania. Requires a report on program results. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Trafficking Victims Protection Act''. SEC. 2. PROTECTING CHILD TRAFFICKING VICTIMS. (a) Defined Term.--In this section, the term ``unaccompanied alien children'' has the meaning given such term in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279). (b) Mandatory Training.--The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and independent child welfare experts, shall mandate appropriate training of all personnel who come into contact with unaccompanied alien children in the relevant legal authorities, policies, practices, and procedures pertaining to this vulnerable population. (c) Care and Transportation.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall ensure that all unaccompanied alien children who will undergo any immigration proceedings before the Secretary or the Executive Office for Immigration Review are duly transported and placed in the care and legal and physical custody of the Director of the Office of Refugee Resettlement not later than 72 hours after their apprehension, absent exceptional circumstances. In exceptional circumstances, such as an influx of children or a natural disaster, the Secretary of Homeland Security shall make emergency funds available to the Director of the Office of Refugee Resettlement, to the extent and in such amounts as are provided in advance in appropriations Acts, for the operation of emergency shelters. The Secretary of Homeland Security, to the extent practicable, shall ensure that female officers are continuously present during the transfer and transport of female detainees who are in the custody of the Secretary. (d) Qualified Resources.-- (1) In general.--The Secretary of Homeland Security shall provide adequately trained and qualified staff and resources, including child welfare professionals in accordance with subsection (e), at U.S. Customs and Border Protection ports of entry and stations. (2) Child welfare professionals.--The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall hire or contract with, on a full- or part-time basis, child welfare professionals who will provide assistance in the U.S. Customs and Border Protection offices or stations having in their custody an average of 25 or more children a day in the past fiscal year, and subject to review based upon the current fiscal year's monthly statistical reports. (e) Child Welfare Professionals.-- (1) In general.--The Secretary, in consultation with the Secretary of Health and Human Services, shall ensure that qualified child welfare professionals, licensed in social work, or other comparable training and expertise, and with expertise in culturally competent, trauma-centered, and developmentally appropriate interviewing skills are available at ports of entry and stations as described in subsection (d). Child welfare professionals shall be proficient in the most common languages spoken by children apprehended at the border. In the case where one is not available, an interpreter shall be used. (2) Duties.--Child welfare professionals described in paragraph (1) shall-- (A) develop guidelines for treatment of children in the custody of the Commissioner of U.S. Customs and Border Protection; (B) ensure allegations of abuse or mistreatment are referred to the appropriate State and Federal child protection authorities and that the Commissioner of U.S. Customs and Border Protection and the Director of the Office of Refugee Resettlement satisfy their obligations under applicable child abuse reporting laws by-- (i) ensuring that children can avail themselves of relevant complaint mechanisms to report abuse or misconduct; (ii) reporting abuse or mistreatment to State and Federal child protection authorities as required, as well as Department of Homeland Security Office of the Inspector General, Office of Civil Rights and Civil Liberties, U.S. Customs and Border Protection Internal Affairs Office, and the Office of Refugee Resettlement; and (iii) providing notice to area government subcontracted legal service providers regarding a child who has made an allegation of abuse and directing provider to relevant authorities regarding availability of immigration and administrative relief for individuals with pending civil rights complaints; (C) conduct screening of all unaccompanied alien children in accordance with section 235(a)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)) and refrain from screening children from noncontiguous countries who will undergo screening at the Office of Refugee Resettlement; (D) notify the Secretary of Homeland Security and the Director of the Office of Refugee Resettlement of children that potentially meet the notification and transfer requirements, including children for whom a determination cannot be made, as set forth in subsections (a) and (b) of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); (E) provide a best interest placement recommendation for accompanied children and families to the Director of U.S. Immigration and Customs Enforcement that takes into consideration the best interests of the child and applicable law, favoring a policy of release; (F) interview adult relatives accompanying unaccompanied alien children; (G) provide an initial family relationship and trafficking assessment and recommendations regarding unaccompanied alien children's initial placements to the Director of the Office of Refugee Resettlement, which shall be conducted in accordance with the timeframe set forth in subsections (a)(4) and (b)(3) of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); (H) ensure that each child in the custody of the Commissioner of U.S. Customs and Border Protection-- (i) receives emergency medical care when necessary; (ii) receives emergency medical and mental health care that complies with the standards adopted pursuant to section 8(c) of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15607(c)) whenever necessary, including in cases in which a child is at risk to harm himself, herself, or others; (iii) is provided with climate appropriate clothing, shoes, basic personal hygiene and sanitary products, a pillow, linens, and sufficient blankets to rest at a comfortable temperature; (iv) receives adequate nutrition; (v) enjoys a safe and sanitary living environment; (vi) has access to daily recreational programs and activities if held for a period longer than 24 hours; (vii) has regular access to legal services and consular officials both in person and telephonically; and (viii) is permitted to make supervised phone calls to family members; (I) develop procedures to maintain the best interests of the child in any migration deterrence programs for family units carried out at a border, including-- (i) inquiring whether a child is traveling with a parent or legal guardian; (ii) ascertaining whether the removal location of an apprehended parent or legal guardian of the child presents any humanitarian concern or concern related to such apprehended individual's physical safety; (iii) ensuring that, with respect to a decision related to the removal or referral for prosecution of such apprehended individual, due consideration is given to-- (I) the best interests of such apprehended individual's child, if any; (II) family unity whenever possible; and (III) other public interest factors, including humanitarian concerns and concerns related to such apprehended individual's physical safety; and (J) coordinate with the Mexican Consulate to ensure the safe repatriation of Mexican children. (3) Monitoring.--The Secretary of Homeland Security, in consultation with a child welfare professional, shall develop procedures to provide regular access to nongovernmental organizations for human rights monitoring. (4) Report.--Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to Congress that-- (A) describes the screening procedures used by the child welfare professionals to screen unaccompanied alien children and children accompanied by a parent or legal guardian; (B) assesses the effectiveness of such screenings; and (C) includes data on all children who were screened by child welfare professionals. (f) Immediate Notification.--The Secretary of Homeland Security shall notify the Director of the Office of Refugee Resettlement of an unaccompanied alien child in the custody of the Secretary as soon as practicable, but generally not later than 48 hours after the Secretary encounters the child, to effectively and efficiently coordinate the child's transfer to and placement with the Director of the Office of Refugee Resettlement. (g) Notice of Rights and Right to Access to Counsel.-- (1) In general.--The Secretary shall ensure that all children, upon apprehension, are provided-- (A) an interview and screening with a child welfare professional described in subsection (e)(1); and (B) a video orientation, as well as an oral and written notice, in a language they understand, of their rights under the Immigration and Nationality Act, including-- (i) their right to relief from removal; (ii) their right to confer with counsel (as guaranteed under section 292 of such Act (8 U.S.C. 1362)), family, or friends while in the temporary custody of the Department; and (iii) relevant complaint mechanisms to report any abuse or misconduct they may have experienced. (2) Languages.--The Secretary shall ensure that the video orientation described in paragraph (1) is available in English and in the 5 most common native languages spoken by children held in custody at that location during the preceding fiscal year. (h) Confidentiality.--The Secretary of Health and Human Services shall maintain the privacy and confidentiality of all information gathered in the course of providing care, custody, placement, and follow-up services to unaccompanied alien children, consistent with the best interest of the unaccompanied alien child, by not disclosing such information to other government agencies or nonparental third parties unless such disclosure is-- (1) recorded in writing and placed in the child's file; (2) in the child's best interest; and (3)(A) authorized by the child or by an approved sponsor in accordance with section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and the Health Insurance Portability and Accountability Act (Public Law 104-191); or (B) provided to a duly recognized law enforcement entity to prevent imminent and serious harm to another individual. (i) Other Policies and Procedures.--The Secretary shall adopt fundamental child protection policies and procedures-- (1) for reliable age determinations of children, developed in consultation with medical and child welfare experts, which exclude the use of fallible forensic testing of children's bone and teeth; (2) to utilize all legal authorities to defer the child's removal if the child faces a risk of life-threatening harm upon return including due to the child's mental health or medical condition; and (3) to ensure, in accordance with the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.), that unaccompanied alien children, while in detention, are-- (A) physically separated from any adult who is not an immediate family member; and (B) separated from-- (i) immigration detainees and inmates with criminal convictions; (ii) pretrial inmates facing criminal prosecution; and (iii) inmates exhibiting violent behavior. (j) Repatriation and Reintegration Program.-- (1) In general.--The Administrator of the United States Agency for International Development, in conjunction with the Secretary of Homeland Security, the Secretary of Health and Human Services, the Attorney General, international organizations, and nongovernmental organizations in the United States with expertise in repatriation and reintegration, shall ensure that programs in the United States and within the country of return support the safe and sustainable repatriation and reintegration of unaccompanied alien children into their country of nationality or of last habitual residence, including placement with their families, legal guardians, or other sponsoring agencies. (2) Scope.--The process described in paragraph (1) shall include-- (A) an identification of the expressed needs of the child; (B) the creation of partnerships with community based organizations that are linguistically and culturally competent; (C) the recognition of the need to include the family unit in the process to help the child reintegrate; (D) the provision of a wide diversity of services, including access to school, scholarships, and vocational and skills training; (E) procedures that outline safe repatriation to ensure children are not returned to harm or in other unsafe circumstances such as during nighttime hours; (F) procedures for when the exercise of discretion should be exercised because it is not in the child's best interest to be returned; and (G) special considerations to address the particular needs of returning girls are addressed, tender-aged children, or other vulnerable children. (3) Report on repatriation and reintegration of unaccompanied alien children.--Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Administrator of the Agency for International Development shall submit a substantive report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate on efforts to improve repatriation and reintegration programs for unaccompanied alien children. (k) Transfer of Funds.-- (1) Authorization.--The Secretary of Homeland Security, in accordance with a written agreement between the Secretary and the Secretary of Health and Human Services, and to the extent and in such amounts as are provided in advance in appropriations Acts, shall transfer such amounts as may be necessary to carry out the duties described in subsections (c) and (e)(2) from amounts appropriated for U.S. Customs and Border Protection to the Department of Health and Human Services. (2) Report.--Not later than 15 days before any proposed transfer under paragraph (1), the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, shall submit a detailed expenditure plan that describes the actions proposed to be taken with amounts transferred under such paragraph to-- (A) the Committee on Appropriations of the House of Representatives; and (B) the Committee on Appropriations of the Senate.

Child Trafficking Victims Protection Act Directs the Department of Homeland Security (DHS) to: (1) require the appropriate training of all personnel who come into contact with unaccompanied alien children, and (2) hire child welfare professionals. Sets forth related protections for such children regarding: (1) prompt placement with the Office of Refugee Resettlement, (2) qualified resources and child welfare professionals at appropriate ports of entry and stations, (3) confidentiality of information, (4) notice of rights and access to counsel, (5) separation from non-family member adults, and (6) the presence of female officers during the transfer and transport of female detainees. Directs the U.S. Agency for International Development to ensure that programs in the United States and within the country of return support the safe and sustainable repatriation and reintegration of unaccompanied alien children into their country of nationality or of last habitual residence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Science and Technology Competitiveness Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States is losing its dominance in the sciences and technology, and faces serious challenges from highly educated foreign competitors. (2) The workforce of the United States must be better prepared for the scientifically and technologically advanced competition of the global economy. (3) New scientific knowledge is the engine of American technological innovation, national security, economic growth, and prosperity. (4) The competitiveness of the United States depends on strengthening and expanding postsecondary educational efforts in science, math, engineering, and technology. (5) Shortages of scientifically and technologically educated workers will be best addressed through partnerships between the Nation's associate degree-granting colleges and public four-year colleges and universities. (6) Enlarging the traditional role of community colleges in workforce training by developing seamless transitions from occupational competency or certificate programs to associate degree programs in math, science, engineering, and technology. SEC. 3. ARTICULATION AGREEMENT PROGRAM. Part G of title IV of the Higher Education Act of 1965 is amended by inserting after section 486 (20 U.S.C. 1093) the following new section: ``SEC. 486A. ARTICULATION AGREEMENT PROGRAM. ``(a) Purpose; Definition.-- ``(1) Purpose.--The purpose of this section is to strengthen and expand scientific and technological education capabilities of associate-degree-granting public institutions of higher education through the establishment of partnership arrangements with bachelor-degree-granting public institutions of higher education. ``(2) Definition.--For the purposes of this section, the term `articulation agreement' means an agreement between institutions of higher education that specifies the acceptability of courses in transfer toward meeting specific degree requirements. ``(b) Program Authorized.-- ``(1) Grants to public institutions.--From the sums appropriated under subsection (g), the Secretary shall award grants under this section to public institutions of higher education for the support of programs to establish and implement statewide articulation agreements in accordance with subsection (d). ``(2) Eligibility of private institutions to participate in agreements.--Nothing in this section shall be construed to preclude a nonprofit or for-profit private institution of higher education from participating in the development and implementation of a statewide articulation agreement under subsection (d). ``(c) Applications.--Each institution, system, or consortium of institutions desiring to participate in a demonstration program under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. ``(d) Use of Funds.--Funds provided by grant under this section may be used-- ``(1) to establish statewide articulation agreements in math, science, engineering, and technology among public 2-year institutions and public 4-year institutions to provide a seamless transition for the transfer of students from the public 2-year institutions to the public 4-year institutions by having both such types of institutions provide and use a common core curricula that reflects the workforce needs of private industry; ``(2) to establish articulation agreements within community colleges between occupational competency or certification programs and associate degree programs in math, science, engineering, and technology to increase the proportion of students who enroll to complete their associates degree; ``(3) to collect data on transfers from 2-year institutions to 4-year institutions on a regular basis and to submit such data to commissioners or departments of higher education, for transmission by such commissioners and departments to the Secretary, in order to monitor program progress and success; ``(4) to develop a statewide articulation guide in consultation with public colleges and universities to provide students with descriptions of articulation requirements; and ``(5) to develop a plan for professional development of 2- year college faculty, including inter-institutional workshops, consultations, and professional meetings. ``(e) Evaluations and Reports.--The Secretary shall collect from State commissioners and departments the data provided by grant recipients under subsection (d)(3) for the purposes of evaluating the success of the program authorized by this section. The Secretary shall submit a report on the results of such evaluation to the Congress not later than 2 years after the end of the first fiscal year for which funds are made available for grants under this section. ``(f) Additional Definition.--The Secretary shall by regulation define the term `degree programs in math, science, engineering, and technology'. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to make grants under this section $10,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Higher Education Science and Technology Competitiveness Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award grants for articulation agreements between institutions of higher education that specifies the acceptability of courses in transfer toward meeting specific degree requirements, especially in mathematics, science, engineering, and technology. Allows the use of grant funds to establish articulation agreements: (1) statewide, among public two-year and four-year institutions of higher education, to provide a seamless transition for the transfer of students through a common core curricula that reflects the workforce needs of private industry; and (2) within community colleges, between occupational competency or certification programs and associate degree programs, to increase the proportion of students who enroll to complete their associates degree. Allows such grants also to be used to: (1) collect data on transfers from two-year to four-year institutions, for monitoring purposes; (2) develop a statewide articulation guide in consultation with public colleges and universities to provide students with descriptions of articulation requirements; and (3) develop a plan for professional development of two-year college faculty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting New Manufacturing Act''. SEC. 2. BUILDING AND MANUFACTURING PROJECTS DASHBOARD. (a) In General.--The Administrator shall, with respect to fiscal year 2008 and each subsequent fiscal year, publish in a readily accessible location on the Environmental Protection Agency's public Website the Agency's estimate of the following: (1) The total number of preconstruction permits issued during the fiscal year. (2) The percentage of such preconstruction permits issued within one year after the date of filing of a completed application. (3) The average length of time for the Agency's Environmental Appeals Board to issue a final decision on petitions appealing decisions to grant or deny a preconstruction permit application. (b) Initial Publication; Updates.--The Administrator shall-- (1) make the publication required by subsection (a) for fiscal years 2008 through 2014 not later than 60 days after the date of enactment of this Act; and (2) update such publication not less than annually. (c) Sources of Information.--In carrying out this section: (1) With respect to information to be published for fiscal years 2008 through 2014, the Environmental Protection Agency's estimates shall be based on information that is in the Agency's possession as of the date of enactment of this Act, including information in the RACT/BACT/LAER Clearinghouse database. (2) With respect to information to be published for any fiscal year, nothing in the section compels the Environmental Protection Agency to seek or collect any information in addition to the information that is voluntarily provided by States and local air agencies for the RACT/BACT/LAER Clearinghouse database. SEC. 3. TIMELY ISSUANCE OF REGULATIONS AND GUIDANCE TO ADDRESS NEW OR REVISED NATIONAL AMBIENT AIR QUALITY STANDARDS IN PRECONSTRUCTION PERMITTING. (a) In General.--In publishing any final rule establishing or revising a national ambient air quality standard, the Administrator shall, as the Administrator determines necessary and appropriate to assist States, permitting authorities, and permit applicants, concurrently publish regulations and guidance for implementing the standard, including information relating to submission and consideration of a preconstruction permit application under the new or revised standard. (b) Applicability of Standard to Preconstruction Permitting.--If the Administrator fails to publish final regulations and guidance that include information relating to submission and consideration of a preconstruction permit application under a new or revised national ambient air quality standard concurrently with such standard, then such standard shall not apply to the review and disposition of a preconstruction permit application until the Agency has published such final regulations and guidance. (c) Rules of Construction.-- (1) After publishing regulations and guidance for implementing national ambient air quality standards under subsection (a), nothing in this section shall preclude the Environmental Protection Agency from issuing subsequent regulations or guidance to assist States and facilities in implementing such standards. (2) Nothing in this section shall be construed to eliminate the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emissions rate technology, as applicable. (3) Nothing in this section shall be construed to limit the authority of a State, local, or tribal permitting authority to impose more stringent emissions requirements pursuant to State, local, or tribal law than Federal national ambient air quality standards established by the Environmental Protection Agency. SEC. 4. REPORT TO CONGRESS ON ACTIONS TO EXPEDITE REVIEW OF PRECONSTRUCTION PERMITS. (a) In General.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report-- (1) identifying the activities being undertaken by the Environmental Protection Agency to increase the efficiency of the preconstruction permitting process; (2) identifying the specific reasons for delays in issuing-- (A) preconstruction permits required under part C of the Clean Air Act (42 U.S.C. 7470 et seq.) beyond the one-year statutory deadline mandated by section 165(c) of the Clean Air Act (42 U.S.C. 7475(c)); or (B) preconstruction permits required under part D of the Clean Air Act (42 U.S.C. 7501 et seq.) beyond the one-year period beginning on the date on which the permit application is determined to be complete; (3) describing how the Agency is resolving delays in making completeness determinations for preconstruction permit applications; (4) describing how the Agency is resolving processing delays for preconstruction permits, including any increases in communication with State and local permitting authorities; and (5) summarizing and responding to public comments concerning the report received under subsection (b). (b) Public Comment.--Before submitting each report required by subsection (a), the Administrator shall publish a draft report on the Website of the Environmental Protection Agency and provide the public with a period of at least 30 days to submit comments on the draft report. (c) Sources of Information.--Nothing in this section compels the Environmental Protection Agency to seek or collect any information in addition to the information that is voluntarily provided by States and local air agencies for the RACT/BACT/LAER Clearinghouse database. SEC. 5. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Best available control technology.--The term ``best available control technology'' has the meaning given to that term in section 169(3) of the Clean Air Act (42 U.S.C. 7479(3)). (3) Lowest achievable emissions rate.--The term ``lowest achievable emissions rate'' has the meaning given to that term in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)). (4) Major emitting facility; major stationary source.--The terms ``major emitting facility'' and ``major stationary source'' have the meaning given to those terms in section 302(j) of the Clean Air Act (42 U.S.C. 7602(j)). (5) National ambient air quality standard.--The term ``national ambient air quality standard'' means a national ambient air quality standard for an air pollutant under section 109 of the Clean Air Act (42 U.S.C. 7409) that is finalized on or after the date of enactment of this Act. (6) Preconstruction permit.--The term ``preconstruction permit''-- (A) means a permit that is required under part C or D of title I of the Clean Air Act (42 U.S.C. 7470 et seq.) for the construction or modification of a major emitting facility or major stationary source; and (B) includes any such permit issued by the Environmental Protection Agency or a State, local, or tribal permitting authority. (7) RACT/BACT/LAER clearinghouse database.--The term ``RACT/BACT/LAER Clearinghouse database'' means the central database of air pollution technology information that is posted on the Environmental Protection Agency's Website.

Promoting New Manufacturing Act This bill requires the Environmental Protection Agency (EPA) to publish on its website, with respect to FY2008 and each fiscal year thereafter, estimates of: the total number of preconstruction permits issued annually under the Clean Air Act's New Source Review Program for the construction or modification of a major stationary source (any stationary facility or source of air pollutants which directly emits, or has the potential to emit, 100 tons per year or more of any regulated air pollutant); the percentage of permits issued within one year of the application; and the average length of time for the EPA's Environmental Appeals Board to decide appeals of decisions to grant or deny a permit. A new or revised national ambient air quality standard (NAAQS) may not apply to the review and disposition of a preconstruction permit application unless the EPA publishes implementation guidance with the NAAQS. The EPA must submit annually a report on actions to expedite the process for review of preconstruction permits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Workers for Economic Growth Act''. TITLE I--H-1B NONIMMIGRANT WORKERS SEC. 101. AUTHORIZED ADMISSIONS OF H-1B WORKERS. (a) Annual Limitations.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-- (1) in clause (ii), by adding ``and'' at the end; and (2) by striking clauses (iii) through (v) and inserting the following: ``(iii) with respect to all such aliens other than aliens described in paragraph (5)-- ``(I) 200,000 for each of the fiscal years 2000, 2001, and 2002; and ``(II) 65,000 for each succeeding fiscal year; or''. (b) Exemption From Annual Limitation.--Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraph: ``(5) The numerical limitations contained in paragraph (1)(A)(iii) shall not apply to any nonimmigrant alien admitted under section 101(a)(15)(H)(i)(b) who-- ``(A) has attained a master's degree or higher degree (or its equivalent) in a specialty related to the intended employment and receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or ``(B) has attained a bachelor's degree or higher degree (or its equivalent) and is employed (or has received an offer of employment) at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).''. (c) Exemption From Attestation Requirements.--Section 212(n)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(3)(B)(i)) is amended-- (1) in subclause (I), by striking ``or'' at the end; (2) in subclause (II), by striking ``and'' at the end and inserting ``or''; and (3) by adding at the end the following: ``(III) has attained a bachelor's degree or higher degree (or its equivalent) and is employed (or has received an offer of employment) at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); and''. TITLE II--ELIMINATION OF EARNINGS PENALTY ON SENIOR CITIZENS SEC. 201. ELIMINATION OF EARNINGS PENALTY ON SENIOR CITIZENS WHO CONTINUE TO WORK AFTER REACHING RETIREMENT AGE. (a) In General.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (c)(1), by striking ``the age of seventy'' and inserting ``retirement age (as defined in section 216(l))''; (2) in paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; (3) in subsection (f)(1)(B), by striking ``was age seventy or over'' and inserting ``was at or above retirement age (as defined in section 216(l))''; (4) in subsection (f)(3)-- (A) by striking ``33\1/3\ percent'' and all that follows through ``any other individual,'' and inserting ``50 percent of such individual's earnings for such year in excess of the product of the exempt amount as determined under paragraph (8),''; and (B) by striking ``age 70'' and inserting ``retirement age (as defined in section 216(l))''; (5) in subsection (h)(1)(A), by striking ``age 70'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; and (6) in subsection (j)-- (A) in the heading, by striking ``Age Seventy'' and inserting ``Retirement Age''; and (B) by striking ``seventy years of age'' and inserting ``having attained retirement age (as defined in section 216(l))''. (b) Conforming Amendments Eliminating the Special Exempt Amount for Individuals Who Have Attained Retirement Age.-- (1) Uniform exempt amount.--Section 203(f)(8)(A) of the Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting ``a new exempt amount which shall be applicable''. (2) Conforming amendments.--Section 203(f)(8)(B) of such Act (42 U.S.C. 403(f)(8)(B)) is amended-- (A) in the matter preceding clause (i), by striking ``Except'' and all that follows through ``whichever'' and inserting ``The exempt amount which is applicable for each month of a particular taxable year shall be whichever''; (B) in clauses (i) and (ii), by striking ``corresponding'' each place it appears; and (C) in the last sentence, by striking ``an exempt amount'' and inserting ``the exempt amount''. (3) Repeal of basis for computation of special exempt amount.--Section 203(f)(8)(D) of such Act (42 U.S.C. 403(f)(8)(D)) is repealed. (c) Additional Conforming Amendments.-- (1) Elimination of redundant references to retirement age.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (A) in subsection (c), in the last sentence, by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; and (B) in subsection (f)(1), by striking subparagraph (D) and inserting the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60,''. (2) Conforming amendment to provisions for determining amount of increase on account of delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended-- (A) by striking ``either''; and (B) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. (3) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals.--The second sentence of section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enacted'' and inserting the following: ``if the amendments to section 203 made by section 102 of the Senior Citizens' Right to Work Act of 1996 and by the New Workers for Economic Growth Act had not been enacted''. (d) Effective Date.--The amendments and repeals made by this section shall apply with respect to taxable years beginning after December 31, 1999.

TABLE OF CONTENTS: Title I: H-1B Nonimmigrant Workers Title II: Elimination of Earnings Penalty on Senior Citizens New Workers for Economic Growth Act - Title I: H-1B Nonimmigrant Workers - Amends the Immigration and Nationality Act to increase the permitted number of H-1B temporary worker and trainee visas for FY 2000 through 2002. Excludes from such limitation aliens with: (1) specified higher degrees and salaries; and (2) at least a bachelor's degree and a job or job offer at an institution of higher education (excludes such aliens from certain labor attestation requirements). Title II: Elimination of Earnings Penalty on Senior Citizens - Amends the Social Security Act to eliminate the reduction in Social Security benefits for individuals under 70 years old whose earnings exceed specified annual limits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Executive Service Accountability Act''. SEC. 2. BIENNIAL JUSTIFICATION OF SENIOR EXECUTIVE SERVICE POSITIONS. Section 3133(a)(2) of title 5, United States Code, is amended by inserting after ``positions'' the following: ``, with a justification for each position (by title and organizational location) and the specific result expected from each position, including the impact of such result on the agency mission,''. SEC. 3. EXTENSION OF PROBATIONARY PERIOD FOR CAREER APPOINTEES. (a) In General.--Section 3393(d) of title 5, United States Code, is amended by striking ``1-year'' and inserting ``2-year''. (b) Conforming Amendment.--Section 3592(a)(1) of such title is amended by striking ``1-year'' and inserting ``2-year''. SEC. 4. MODIFICATION OF PAY RETENTION FOR CAREER APPOINTEES REMOVED FOR UNDER PERFORMANCE. Section 3594(c)(1)(B) of title 5, United States Code, is amended to read as follows: ``(B)(i) any career appointee placed under subsection (a) or (b)(2) of this section shall be entitled to receive basic pay at the highest of-- ``(I) the rate of basic pay in effect for the position in which placed; ``(II) the rate of basic pay in effect at the time of the placement for the position the career appointee held in the civil service immediately before being appointed to the Senior Executive Service; or ``(III) the rate of basic pay in effect for the career appointee immediately before being placed under subsection (a) or (b) of this section; and ``(ii) any career appointee placed under subsection (b)(1) of this section shall be entitled to receive basic pay at the rate of basic pay in effect for the position in which placed; and''. SEC. 5. ADVANCED ESTABLISHMENT OF PERFORMANCE REQUIREMENTS UNDER SENIOR EXECUTIVE SERVICE PERFORMANCE APPRAISAL SYSTEMS. Section 4312(b)(1) of title 5, United States Code, is amended-- (1) by striking ``on or'' and inserting ``not later than 30 calendar days''; and (2) by inserting ``in writing'' after ``communicated''. SEC. 6. AMENDMENTS WITH RESPECT TO ADVERSE ACTIONS AGAINST CAREER APPOINTEES. (a) Suspension for 14 Days or Less for Senior Executive Service Employee.--Paragraph (1) of Section 7501 of title 5, United States Code, is amended to read as follows: ``(1) `employee' means-- ``(A) an individual in the competitive service who is not serving a probationary period or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; or ``(B) a career appointee in the Senior Executive Service who-- ``(i) has completed the probationary period prescribed under section 3393(d); or ``(ii) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service; and''. (b) Modification of Cause and Procedure for Suspension and Termination.-- (1) In general.--Section 7543 of title 5, United States Code, is amended-- (A) in subsection (a), by striking ``misconduct,'' and inserting ``such cause as would promote the efficiency of the service, misconduct,''; and (B) in subsection (b)(1), by striking ``30'' and inserting ``15''. (2) Conforming amendments.--Subchapter V of chapter 35 of title 5, United States Code, is amended-- (A) in section 3593-- (i) in subsection (a)(2), by striking ``misconduct,'' and inserting ``such cause as would promote the efficiency of the service, misconduct,''; and (ii) in subsection (b), by striking ``misconduct,'' and inserting ``such cause as would promote the efficiency of the service, misconduct,''; and (B) in section 3594(a), by striking ``misconduct,'' and inserting ``such cause as would promote the efficiency of the service, misconduct,''. SEC. 7. MANDATORY LEAVE FOR CAREER APPOINTEES SUBJECT TO REMOVAL. (a) In General.--Subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 6330. Mandatory leave for Senior Executive Service career appointees subject to removal ``(a) In this section-- ``(1) the term `employee' means an employee (as that term is defined in section 7541(1)) who has received written notice of removal from the civil service under subchapter V of chapter 75; and ``(2) the term `mandatory leave' means, with respect to an employee, an absence with pay but without duty during which such employee-- ``(A) shall be charged accrued annual leave for the period of such absence; and ``(B) may not accrue any annual leave under section 6303 for the period of such absence. ``(b) Under regulations prescribed by the Office of Personnel Management, an agency may place an employee on mandatory leave for misconduct, neglect of duty, malfeasance, or such cause as would promote the efficiency of the service. ``(c) If an agency determines that an employee should be placed on mandatory leave under subsection (b), such leave shall begin no earlier than the date on which the employee received written notice of a removal under subchapter V of chapter 75. ``(d) If a final order or decision is issued in favor of such employee with respect to removal under subchapter V of chapter 75 by the agency, the Merit Systems Protection Board, or the United States Court of Appeals for the Federal Circuit, any annual leave that is charged to an employee by operation of this section shall be restored to the applicable leave account of such employee.''. (b) Clerical Amendment.--The table of sections of chapter 63 of title 5, United States Code, is amended by adding after the item relating to section 6328 the following new item: ``6330. Mandatory leave for Senior Executive Service career appointees subject to removal.''. (c) Regulations.--Not later than 6 months after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe regulations with respect to the leave provided by the amendment in subsection (a). SEC. 8. EXPEDITED REMOVAL OF CAREER APPOINTEES FOR PERFORMANCE OR MISCONDUCT. (a) In General.--Chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VI--SENIOR EXECUTIVE SERVICE: EXPEDITED REMOVAL ``Sec. 7551. Definitions ``In this subchapter-- ``(1) the term `employee' has the meaning given such term in section 7541(1), but does not include any career appointee in the Senior Executive Service within the Department of Veterans Affairs; and ``(2) the term `misconduct' includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. ``Sec. 7552. Actions covered ``This subchapter applies to a removal from the civil service or a transfer from the Senior Executive Service, but does not apply to an action initiated under section 1215, to a removal under section 3592 or 3595, to a suspension under section 7503, to a suspension or removal under section 7532, to a suspension or removal under section 7542, or to a suspension or removal under section 713 of title 38. ``Sec. 7553. Cause and procedure ``(a)(1) Under regulations prescribed by the Office of Personnel Management, the head of an agency may remove an employee of the agency from the Senior Executive Service if the head determines that the performance or misconduct of the individual warrants such removal. If the head so removes such an individual, the head may-- ``(A) remove the individual from the civil service; or ``(B) in the case of an employee described in paragraph (2), transfer the employee from the Senior Executive Service to a General Schedule position at any grade of the General Schedule for which the employee is qualified and that the head determines is appropriate. ``(2) An employee described in this paragraph is an individual who-- ``(A) previously occupied a permanent position within the competitive service; ``(B) previously occupied a permanent position within the excepted service; or ``(C) prior to employment as a career appointee at the agency, did not occupy any position within the Federal Government. ``(3) An employee against whom an action is proposed under paragraph (1) is entitled to 5 days' advance written notice. ``(b)(1) Notwithstanding any other provision of law, including section 3594, any employee transferred to a General Schedule position under subsection (a)(1)(B) shall, beginning on the date of such transfer, receive the annual rate of pay applicable to such position. ``(2) An employee so transferred may not be placed on administrative leave or any other category of paid leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the individual reports for duty. If an employee so transferred does not report for duty, such employee shall not receive pay or other benefits pursuant to section 7554(e). ``(c) Not later than 30 days after removing or transferring an employee under subsection (a), the applicable head of the agency shall submit to Congress notice in writing of such removal or transfer and the reason for such removal or transfer. ``(d) Section 3592(b)(1) does not apply to an action to remove or transfer an employee under this section. ``(e) Subject to the requirements of section 7554, an employee may appeal a removal or transfer under subsection (a) to the Merit Systems Protection Board under section 7701, but only if such appeal is made not later than seven days after the date of such removal or transfer. ``Sec. 7554. Expedited review of appeal ``(a) Upon receipt of an appeal under section 7553(d), the Merit Systems Protection Board shall refer such appeal to an administrative judge pursuant to section 7701(b)(1). The administrative judge shall-- ``(1) expedite any such appeal under such section; and ``(2) in any such case, issue a decision not later than 21 days after the date of the appeal. ``(b) Notwithstanding any other provision of law, including section 7703, the decision of an administrative judge under subsection (a) shall be final and shall not be subject to any further appeal. ``(c) In any case in which the administrative judge cannot issue a decision in accordance with the 21-day requirement under subsection (a)(2), the removal or transfer is final. In such a case, the Merit Systems Protection Board shall, within 14 days after the date that such removal or transfer is final, submit to Congress a report that explains the reasons why a decision was not issued in accordance with such requirement. ``(d) The Merit Systems Protection Board or administrative judge may not stay any removal or transfer under this section. ``(e) During the period beginning on the date on which an employee appeals a removal from the civil service under section 7553(d) and ending on the date that the administrative judge issues a final decision on such appeal, such employee may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits.''. (b) Application.-- (1) In general.--Subchapter VI of chapter 75 of title 5, United States Code, as added by subsection (a), shall not apply to any personnel action against a career appointee (as that term is defined in section 3132(a)(4) of title 5, United States Code) that was commenced before the date of enactment of this Act. (2) Relation to other authorities.--The authority provided by such subchapter is in addition to the authority provided under section 3592 or subchapter V of chapter 75 of title 5, United States Code. (c) Technical Amendments.-- (1) Title 5.--Title 5, United States Code, is amended-- (A) in section 3592(b)(2)-- (i) by striking ``or'' at the end of subparagraph (A); (ii) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (iii) by adding at the end the following: ``(C) any removal under subchapter VI of this title or section 713 of title 38.''; (B) in section 3393(g), by striking ``or 7543 of this title'' and inserting ``, 7543, or 7553 of this title or section 713 of title 38''; and (C) in section 7542, by striking ``or to a removal under section 3592 or 3595 of this title'' and inserting ``to a removal under section 3592 or 3595 of this title, to a suspension under section 7503, to a removal or transfer under section 7553, or a removal or transfer under section 713 of title 38''. (2) Title 38.--Section 713(f)(1) of title 38, United States Code, is amended by striking ``or subchapter V'' and inserting ``, chapter 43, or subchapters V and VI''. (d) Clerical Amendment.--The table of sections at the beginning of chapter 75 of title 5, United States Code, is amended by adding after the item relating to section 7543 the following: ``subchapter vi--senior executive service: expedited removal ``7551. Definitions. ``7552. Actions covered. ``7553. Cause and procedure. ``7554. Expedited review of appeal.''. SEC. 9. MANDATORY REASSIGNMENT OF CAREER APPOINTEES. (a) In General.--Section 3395(a) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) Consistent with the requirements of paragraphs (1) and (2), at least once every five years beginning on the date that a career appointee is initially appointed to the Senior Executive Service, each career appointee at an agency shall be reassigned to another Senior Executive Service position at the agency at a different geographic location that does not include the supervision of the same agency personnel or programs. ``(B) The head of an agency may waive the requirement under subparagraph (A) for any career appointee if the head submits notice of the waiver and an explanation of the reasons for the waiver to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.''. (b) Conforming Amendment.--Section 3395(a)(1)(A) of title 5, United States Code, is amended by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''. (c) Effective Date.--The amendments made by this section shall take effect 90 days after the date of enactment of this Act.

. Senior Executive Service Accountability Act (Sec. 2) This bill revises personnel requirements for employees in the Senior Executive Service (SES) to: require each federal agency to include in its biennial report to the Office of Personnel Management a justification for certain SES positions and the specific result expected from each position, including the impact of such result on the agency mission; extend the probationary period for SES employees from one year to two years; eliminate the authority for allowing an SES employee removed for a less than fully successful executive performance to retain an SES pay grade level if appointed to a civil service position; require a written description of employee performance requirements to be provided to SES employees by 30 calendar days before each rating period; make SES employees subject to the same 14-day (or less) suspension period, without duties and pay, as is applicable to other federal employees; expand the grounds for suspension or termination of an SES employee to include such cause as would promote the efficiency of the SES; allow an agency to place an SES employee on mandatory leave for misconduct, neglect of duty, malfeasance, or such cause as would promote the efficiency of the SES; provide for expedited removal of SES employees for performance or misconduct and for an expedited appeals process for removals; and require mandatory reassignments of SES employees at least once every five years.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibiting Detention of Youth Status Offenders Act of 2014''. SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS. Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is amended-- (1) in subsection (a)(11)-- (A) in the matter preceding subparagraph (A), by striking ``shall,''; (B) in subparagraph (A)-- (i) in clause (i), by adding ``and'' at the end; (ii) in clause (ii), by striking ``and'' at the end; (iii) by striking clause (iii); and (iv) in the matter following clause (iii), by striking ``and'' at the end; and (C) by adding at the end the following: ``(C) if a court determines that a juvenile should be placed in a secure detention facility or secure correctional facility for violating an order described in subparagraph (A)(ii)-- ``(i) the court shall issue a written order that-- ``(I) identifies the valid court order that the juvenile has violated; ``(II) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated the order; ``(III) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in a secure detention facility or secure correctional facility, with due consideration to the best interest of the juvenile; ``(IV) specifies the length of time, not to exceed 3 days, that the juvenile may remain in a secure detention facility or secure correctional facility; ``(V) includes a plan for the release of the juvenile from the secure detention facility or secure correctional facility; and ``(VI) may not be renewed or extended; and ``(ii) the court may not issue a subsequent order described in clause (i) relating to a juvenile, unless the juvenile violates a valid court order after the date on which the court issues an order described in clause (i); ``(D) there are procedures in place to ensure that a juvenile held in a secure detention facility or secure correctional facility pursuant to a court order described in subparagraph (C)(i) does not remain in a secure detention facility or secure correctional facility longer than 3 days (with the exception of weekends and holidays) or the length of time authorized by the court, or authorized under applicable State law, whichever is shorter; and ``(E) a juvenile status offender held in a secure detention facility or secure correctional facility pursuant to a court order described in subparagraph (C)(i) may only be held in a secure detention facility or secure correctional facility 1 time in any 6-month period, provided that the conditions set forth in subparagraph (C) are satisfied.''; and (2) by adding at the end the following: ``(g) Additional Requirement.--Not later than 1 year after the date of enactment of this subsection, no State receiving a formula grant under this part may use a valid court order described in subsection (a)(11)(A)(ii) to place a juvenile status offender in a secure detention facility or secure correctional facility. A State that can demonstrate hardship as determined by the Administrator may submit to the Administrator an application for a single 1-year extension to comply with the requirement described in this subsection, which shall describe-- ``(1) the measurable progress and good faith effort in the State to reduce the number of juvenile status offenders who are placed in a secure detention facility or correctional facility pursuant to a court order described in subsection (a)(11)(A)(ii); and ``(2) a plan to comply with the requirement described in this subsection not later than 1 year after the date the extension is granted.''.

Prohibiting Detention of Youth Status Offenders Act of 2014 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974, with respect to the detention of a juvenile status offender (a juvenile arrested for an offense that would not be a crime if committed by an adult) who violates a valid court order, to require the court placing such juvenile in detention to issue a written order that: (1) identifies the valid court order that the juvenile has violated; (2) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; (3) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in a secure detention or correctional facility, with due consideration to the best interest of the juvenile; (4) specifies the length of time, not to exceed three days, that the juvenile may remain in such facility and includes a plan for the juvenile's release; and (5) may not be renewed or extended. Requires that procedures be put in place to ensure that a juvenile held in a secure detention or correctional facility does not remain in such facility longer than three days or the length of time authorized by the court, or authorized under state law, whichever is shorter. Prohibits the detention of a juvenile more than once in any six-month period. Prohibits, one year after the enactment of this Act, a state that receives a formula grant under the juvenile justice and delinquency prevention program from using a valid court order to place a juvenile status offender in a secure detention or correctional facility. Allows a state that demonstrates hardship to apply for a single one-year extension of time to comply with the requirement to eliminate such use of court orders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Market Parity and Modernization Act''. SEC. 2. PRIVATE FLOOD INSURANCE. (a) Mandatory Purchase Requirement.-- (1) In general.--Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) is amended by striking ``Sec. 102. (a)'' and all that follows through subsection (b) and inserting the following: ``Sec. 102. (a) After the expiration of sixty days following the date of enactment of this Act, no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes for use in any area that has been identified by the Administrator as an area having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, unless the building or mobile home and any personal property to which such financial assistance relates is covered by flood insurance: Provided, That the amount of flood insurance (1) in the case of Federal flood insurance, is at least equal to the development or project cost of the building, mobile home, or personal property (less estimated land cost), the outstanding principal balance of the loan, or the maximum limit of Federal flood insurance coverage made available with respect to the particular type of property, whichever is less; or (2) in the case of private flood insurance, is at least equal to the development or project cost of the building, mobile home, or personal property (less estimated land cost), the outstanding principal balance of the loan, or the maximum limit of Federal flood insurance coverage made available with respect to the particular property, whichever is less: Provided further, That if the financial assistance provided is in the form of a loan or an insurance or guaranty of a loan, the amount of flood insurance required need not exceed the outstanding principal balance of the loan and need not be required beyond the term of the loan. The requirement of maintaining flood insurance shall apply during the life of the property, regardless of transfer of ownership of such property. ``(b) Requirement for Mortgage Loans.-- ``(1) Regulated lending institutions.--Each Federal entity for lending regulation (after consultation and coordination with the Financial Institutions Examination Council established under the Federal Financial Institutions Examination Council Act of 1974) shall by regulation direct regulated lending institutions not to make, increase, extend, or renew any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Administrator as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968, unless the building or mobile home and any personal property securing such loan is covered for the term of the loan by flood insurance: Provided, That the amount of flood insurance (A) in the case of Federal flood insurance, is at least equal to the outstanding principal balance of the loan or the maximum limit of Federal flood insurance coverage made available with respect to the particular type of property, whichever is less; or (B) in the case of private flood insurance, is at least equal to the outstanding principal balance of the loan or the maximum limit of Federal flood insurance coverage made available with respect to the particular type of property, whichever is less. ``(2) Federal agency lenders.-- ``(A) In general.--A Federal agency lender may not make, increase, extend, or renew any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Administrator as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968, unless the building or mobile home and any personal property securing such loan is covered for the term of the loan by flood insurance in accordance with paragraph (1). Each Federal agency lender may issue any regulations necessary to carry out this paragraph. Such regulations shall be consistent with and substantially identical to the regulations issued under paragraph (1). ``(B) Requirement to accept flood insurance.--Each Federal agency lender shall accept flood insurance as satisfaction of the flood insurance coverage requirement under subparagraph (A) if the flood insurance coverage meets the requirements for coverage under that subparagraph. ``(3) Government-sponsored enterprises for housing.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall implement procedures reasonably designed to ensure that, for any loan that is-- ``(A) secured by improved real estate or a mobile home located in an area that has been identified, at the time of the origination of the loan or at any time during the term of the loan, by the Administrator as an area having special flood hazards and in which flood insurance is available under the National Flood Insurance Act of 1968, and ``(B) purchased by such entity, the building or mobile home and any personal property securing the loan is covered for the term of the loan by flood insurance in the amount provided in paragraph (1). The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall accept flood insurance as satisfaction of the flood insurance coverage requirement under paragraph (1) if the flood insurance coverage provided meets the requirements for coverage under that paragraph. ``(4) Applicability.-- ``(A) Existing coverage.--Except as provided in subparagraph (B), paragraph (1) shall apply on the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994. ``(B) New coverage.--Paragraphs (2) and (3) shall apply only with respect to any loan made, increased, extended, or renewed after the expiration of the 1-year period beginning on the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994. Paragraph (1) shall apply with respect to any loan made, increased, extended, or renewed by any lender supervised by the Farm Credit Administration only after the expiration of the period under this subparagraph. ``(C) Continued effect of regulations.-- Notwithstanding any other provision of this subsection, the regulations to carry out paragraph (1), as in effect immediately before the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994, shall continue to apply until the regulations issued to carry out paragraph (1) as amended by section 522(a) of such Act take effect. ``(5) Rule of construction.--Except as otherwise specified, any reference to flood insurance in this section shall be considered to include Federal flood insurance and private flood insurance. ``(6) Definitions.-- ``(A) Flood insurance.--In this section, the term `flood insurance' means-- ``(i) Federal flood insurance; and ``(ii) private flood insurance. ``(B) Other definitions.--In this section-- ``(i) the term `Federal flood insurance' means an insurance policy made available under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.); ``(ii) the term `private flood insurance' means an insurance policy that-- ``(I) is issued by an insurance company that is-- ``(aa) licensed, admitted, or otherwise approved to engage in the business of insurance in the State in which the insured building is located, by the insurance regulator of that State; or ``(bb) eligible as a nonadmitted insurer to provide insurance in the home State of the insured, in accordance with sections 521 through 527 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8201 through 8206); ``(II) is issued by an insurance company that is not otherwise disapproved as a surplus lines insurer by the insurance regulator of the State in which the property to be insured is located; and ``(III) provides flood insurance coverage that complies with the laws and regulations of that State; and ``(iii) the term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.''. (2) Technical and conforming amendment.--Section 1364(a)(3)(C) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104a(a)(3)(C)) is amended by striking ``, as required under section 102(b)(6) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)(6))''. (b) Effect of Private Flood Insurance Coverage on Continuous Coverage Requirements.--Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the following: ``(n) Effect of Private Flood Insurance Coverage on Continuous Coverage Requirements.--For purposes of applying any statutory, regulatory, or administrative continuous coverage requirement, including under section 1307(g)(1), the Administrator shall consider any period during which a property was continuously covered by private flood insurance (as defined in section 102(b)(6) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)(6))) to be a period of continuous coverage.''.

Flood Insurance Market Parity and Modernization Act This bill amends the Flood Disaster Protection Act of 1973 to make technical amendments to requirements for flood insurance under either the federal program or private flood insurance. "Private flood insurance" shall include any policy issued by an insurance company eligible as a nonadmitted insurer to provide flood insurance in the state or jurisdiction where the property to be insured is located. The flood insurance program under the Act, including both private and federal flood insurance, shall extend to Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa. The National Flood Insurance Act of 1968 is amended to direct the Federal Emergency Management Agency to consider any period during which a property was continuously covered by private flood insurance to be a period of continuous insurance coverage.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Amateur Radio Emergency Communications Enhancement Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Nearly 700,000 amateur radio operators in the United States are licensed by the Federal Communications Commission in the Amateur Radio Service. (2) Amateur Radio Service operators provide, on a volunteer basis, a valuable public service to their communities, their States, and to the Nation, especially in the area of national and international disaster communications. (3) Emergency and disaster relief communications services by volunteer Amateur Radio Service operators have consistently and reliably been provided before, during, and after floods, hurricanes, tornadoes, forest fires, earthquakes, blizzards, train accidents, chemical spills and other disasters. These communications services include services in connection with significant incidents, such as-- (A) hurricanes Katrina, Rita, Hugo, and Andrew; (B) the relief effort at the World Trade Center and the Pentagon following the 2001 terrorist attacks; and (C) the Oklahoma City bombing in April 1995. (4) Amateur Radio Service has formal agreements for the provision of volunteer emergency communications activities with the Department of Homeland Security, the Federal Emergency Management Agency, the National Weather Service, the National Communications System, and the Association of Public Safety Communications Officials, as well as with disaster relief organizations, including the American National Red Cross and the Salvation Army. (5) Section 1 of the joint resolution entitled ``Joint Resolution to recognize the achievements of radio amateurs, and to establish support for such amateurs as national policy'', approved October 22, 1994 (Public Law 103-408), included a finding that stated: ``Reasonable accommodation should be made for the effective operation of amateur radio from residences, private vehicles and public areas, and the regulation at all levels of government should facilitate and encourage amateur radio operations as a public benefit.''. (6) Section 1805(c) of the Homeland Security Act of 2002 (6 U.S.C. 757(c)) directs the Regional Emergency Communications Coordinating Working Group of the Department of Homeland Security to coordinate their activities with ham and amateur radio operators among the 11 other categories of emergency organizations such as ambulance services, law enforcement, and others. (7) Amateur Radio Service, at no cost to taxpayers, provides a fertile ground for technical self-training in modern telecommunications, electronic technology, and emergency communications techniques and protocols. (8) There is a strong Federal interest in the effective performance of Amateur Radio Service stations, and that performance must be given-- (A) support at all levels of government; and (B) protection against unreasonable regulation and impediments to the provision of the valuable communications provided by such stations. SEC. 3. STUDY OF ENHANCED USES OF AMATEUR RADIO IN EMERGENCY AND DISASTER RELIEF COMMUNICATION AND FOR RELIEF OF RESTRICTIONS. (a) Authority.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall-- (1) undertake a study on the uses and capabilities of Amateur Radio Service communications in emergencies and disaster relief; and (2) submit a report on the findings of the Secretary to Congress. (b) Scope of the Study.--The study required by this section shall-- (1) include a review of the importance of amateur radio emergency communications in furtherance of homeland security missions relating to disasters, severe weather, and other threats to lives and property in the United States, as well as recommendations for-- (A) enhancements in the voluntary deployment of amateur radio licensees in disaster and emergency communications and disaster relief efforts; and (B) improved integration of amateur radio operators in planning and furtherance of the Department of Homeland Security initiatives; and (2)(A) identify impediments to enhanced Amateur Radio Service communications, such as the effects of unreasonable or unnecessary private land use regulations on residential antenna installations; and (B) make recommendations regarding such impediments for consideration by other Federal departments, agencies, and Congress. (c) Use of Expertise and Information.--In conducting the study required by this section, the Secretary of Homeland Security shall utilize the expertise of stakeholder entities and organizations, including the amateur radio, emergency response, and disaster communications communities. SEC. 4. REPORT ON DUPLICATION OF GRANT PROGRAMS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to Congress a report on the grant programs administered by the Administrator of the Federal Emergency Management Agency. (b) Contents.--The report required by subsection (a) shall include the following: (1) Whether and to what degree the grant programs described in subsection (a) provide duplicative or overlapping assistance. (2) The cost of each grant program described in subsection (a). (3) The recommendations of the Inspector General for consolidation and elimination of grant programs described in subsection (a) to reduce duplication of assistance.

Amateur Radio Emergency Communications Enhancement Act of 2011 - Directs the Secretary of Homeland Security (DHS): (1) to study and report to Congress on the uses and capabilities of Amateur Radio Service communications in emergencies and disaster relief; and (2) in conducting the study, to utilize the expertise of stakeholder entities and organizations, including the amateur radio, emergency response, and disaster communications communities. Directs the DHS Inspector General to report on Federal Emergency Management Agency (FEMA) grant programs, including: (1) to what degree the programs provide duplicative or overlapping assistance, (2) the cost of each program, and (3) recommendations for consolidation and elimination of programs to reduce duplication.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lumbee Recognition Act''. SEC. 2. PREAMBLE. The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended-- (1) by striking out ``and'' at the end of each of the first three clauses; (2) by striking out ``: Now therefore,'' at the end of the last clause and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new clauses: ``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina are descendants of coastal North Carolina Indian tribes, principally Cheraw, and have remained a distinct Indian community since the time of contact with white settlers; ``Whereas the Lumbee Indians have been recognized by the State of North Carolina as an Indian tribe since 1885; ``Whereas the Lumbee Indians have sought Federal recognition as an Indian tribe since 1888; and ``Whereas the Lumbee Indians are entitled to Federal recognition of their status as an Indian tribe and the benefits, privileges, and immunities that accompany such status: Now, therefore,''. SEC. 3. FEDERAL RECOGNITION. The Act of June 7, 1956 (70 Stat. 254), is amended-- (1) by striking out the last sentence of the first section; and (2) by striking out section 2 and inserting in lieu thereof the following: ``federal recognition; acknowledgment ``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee Tribe of Cheraw Indians of North Carolina. All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of Cheraw Indians of North Carolina and its members. ``(b) Notwithstanding the first section of this Act, any group of Indians in Robeson or adjoining counties whose members are not enrolled in the Lumbee Tribe of Cheraw Indians of North Carolina, as determined under section 4(b), may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgment of tribal existence. ``services ``Sec. 3. (a) The Lumbee Tribe of Cheraw Indians of North Carolina and its members shall be eligible for all services and benefits provided to Indians because of their status as federally recognized Indians, except that members of the tribe shall not be entitled to such services until the appropriation of funds for these purposes. For the purposes of the delivery of such services, those members of the tribe residing in Robeson and adjoining counties, North Carolina, shall be deemed to be resident on or near an Indian reservation. ``(b) Upon verification of a tribal roll under section 4 by the Secretary of the Interior, the Secretary of the Interior and the Secretary of Health and Human Services shall develop, in consultation with the Lumbee Tribe of Cheraw Indians of North Carolina, a determination of needs and a budget required to provide services to which the members of the tribe are eligible. The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of such needs and budget with the first budget request submitted to the Congress after the fiscal year in which the tribal roll is verified. ``(c)(1) The Lumbee Tribe of Cheraw Indians of North Carolina is authorized to plan, conduct, consolidate, and administer programs, services, and functions authorized under the Act of April 16, 1934 (48 Stat. 596; 25 U.S.C. 452, et seq.), and the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13), popularly known as the Snyder Act, pursuant to an annual written funding agreement among the Lumbee Tribe of Cheraw Indians of North Carolina, the Secretary of the Interior, and the Secretary of Health and Human Services, which shall specify-- ``(A) the services to be provided, the functions to be performed, and the procedures to be used to reallocate funds or modify budget allocations, within any fiscal year; and ``(B) the responsibility of the Secretary of the Interior for, and the procedure to be used in, auditing the expenditures of the tribe. ``(2) The authority provided under this subsection shall be in lieu of the authority provided under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450, et seq.). ``(3) Nothing in this subsection shall be construed as affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from lawsuit enjoyed by the Lumbee Tribe of Cheraw Indians of North Carolina or authorizing or requiring the termination of any trust responsibility of the United States with respect to the tribe. ``constitution and membership ``Sec. 4. (a) The Lumbee Tribe of Cheraw Indians of North Carolina shall organize for its common welfare and adopt a constitution and bylaws. Any constitution, bylaws, or amendments to the constitution or bylaws that are adopted by the tribe must be consistent with the terms of this Act and shall take effect only after such documents are filed with the Secretary of the Interior. The Secretary shall assist the tribe in the drafting of a constitution and bylaws, the conduct of an election with respect to such constitution, and the reorganization of the government of the tribe under any such constitution and bylaws. ``(b)(1) Until the Lumbee Tribe of Cheraw Indians of North Carolina adopts a constitution and except as provided in paragraph (2), the membership of the tribe shall, subject to review by the Secretary, consist of every individual who is named in the tribal membership roll that is in effect on the date of enactment of this Act. ``(2)(A) Before adopting a constitution, the roll of the tribe shall be open for a 180-day period to allow the enrollment of any individual previously enrolled in another Indian group or tribe in Robeson or adjoining counties, North Carolina, who demonstrates that-- ``(i) the individual is eligible for enrollment in the Lumbee Tribe of Cheraw Indians; and ``(ii) the individual has abandoned membership in any other Indian group or tribe. ``(B) The Lumbee Tribe of Cheraw Indians of North Carolina shall advertise in newspapers of general distribution in Robeson and adjoining counties, North Carolina, the opening of the tribal roll for the purposes of subparagraph (A). The advertisement shall specify the enrollment criteria and the deadline for enrollment. ``(3) The review of the tribal roll of the Lumbee Tribe of Cheraw Indians of North Carolina shall be limited to verification of compliance with the membership criteria of the tribe as stated in the Lumbee Petition for Federal Acknowledgment filed with the Secretary by the tribe on December 17, 1987. The Secretary shall complete his review and verification of the tribal roll within the 12-month period beginning on the date on which the tribal roll is closed under paragraph (2). ``jurisdiction ``Sec. 5. (a)(1) The State of North Carolina shall exercise jurisdiction over-- ``(A) all criminal offenses that are committed on, and ``(B) all civil actions that arise on, lands located within the State of North Carolina that are owned by, or held in trust by the United States for, the Lumbee Tribe of Cheraw Indians of North Carolina, any member of the Lumbee Tribe of Cheraw Indians of North Carolina, or any dependent Indian community of the Lumbee Tribe of Cheraw Indians of North Carolina. ``(2) The Secretary of the Interior is authorized to accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in paragraph (1) pursuant to an agreement between the Lumbee Tribe of Cheraw Indians and the State of North Carolina. Such transfer of jurisdiction may not take effect until two years after the effective date of such agreement. ``(3) The provisions of this subsection shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919). ``(b) Section 5 of the Act of June 18, 1934 (Chapter 576; 25 U.S.C. 465), and the Act of April 11, 1970 (84 Stat. 120; 25 U.S.C. 488 et seq.), shall apply to the Lumbee Tribe of Cheraw Indians of North Carolina with respect to lands within the exterior boundaries of Robeson and adjoining counties, North Carolina. ``authorization of appropriations ``Sec. 6. (a) There are authorized to be appropriated such funds as may be necessary to carry out this Act. ``(b) In the first fiscal year in which funds are appropriated under this Act, the tribe's proposals for expenditures of such funds shall be submitted to the Select Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives 60 calendar days prior to any expenditure of such funds by the tribe.''. Passed the House of Representatives October 28, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of Cheraw Indians of North Carolina.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Skills and Training Promotion Act''. SEC. 2. AGREEMENTS WITH STATES HAVING QUALIFIED WORKER TRAINING PROGRAMS. (a) In General.--Any State, the State unemployment compensation law of which is approved by the Secretary of Labor (hereinafter in this Act referred to as the ``Secretary'') under section 3304 of the Internal Revenue Code of 1986, which desires to do so, may enter into and participate in an agreement with the Secretary under this Act, if such State law contains (as of the date such agreement is entered into) a requirement that special unemployment assistance be payable to individuals participating in a qualified worker training program, as described in subsection (b). Any State which is a party to an agreement under this Act may, upon providing 30 days' written notice to the Secretary, terminate such agreement. (b) Qualified Worker Training Program.--For purposes of this Act, the term ``qualified worker training program'' means a program-- (1) under which individuals who meet the requirements described in paragraph (3) are eligible to receive special unemployment assistance while participating in the program; (2) under which the assistance described in paragraph (1) is payable in the same amount, at the same interval, on the same terms, and subject to the same conditions, as regular compensation under the State law, except that-- (A) State requirements relating to availability for work, active search for work, and refusal to accept work are not applicable to such individuals; (B) assistance shall not be payable after the end of the 12-month period following the last day of the individual's benefit year; and (C) such individuals are considered to be unemployed for the purposes of Federal and State laws applicable to unemployment compensation, as long as such individuals meet the requirements applicable under this subsection; (3) under which individuals may receive the assistance described in paragraph (1) if such individuals-- (A)(i)(I) have exhausted all rights to regular compensation under the State law; (II) have exhausted all rights to extended compensation, or are not entitled thereto, because of the ending of their eligibility for extended compensation, in such State; (ii) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law; (iii) are not receiving compensation with respect to such week under the unemployment compensation law of Canada or any other foreign country; (B)(i) were terminated as a result of any permanent closure of a plant or facility; or (ii) are identified pursuant to a State worker profiling system as individuals who-- (I) are long-term unemployed and have limited opportunities for employment or reemployment in the same or a similar occupation in the area in which they reside; (II) are otherwise unlikely to return to their previous industry or occupation; or (III) satisfy such other criteria as may be established in or under the agreement for purposes of this subclause; and (C) are actively participating in training activities approved by the State agency preparing them for suitable reemployment; and (4) which meets such other requirements as the Secretary determines to be appropriate. SEC. 3. PAYMENTS TO STATES HAVING AGREEMENTS. (a) In General.--There shall be paid to each State which has entered into an agreement under this Act an amount equal to the applicable percentage of the covered costs of the qualified worker training program of such State. (b) Definitions.--For purposes of this section-- (1) Applicable percentage.--The term ``applicable percentage'', with respect to a State which has entered into an agreement under this Act, means-- (A) during each of the first 3 calendar years beginning on the date on which such agreement is entered into, 100 percent; and (B) during each calendar year thereafter, 50 percent. (2) Covered costs.--The term ``covered costs'', with respect to a qualified worker training program, means-- (A) the amount of special unemployment assistance (as described in section 3(b)(1)) paid under such program; and (B) such amount as the Secretary determines to be necessary for the proper and efficient administration of such program. (c) Method of Payment.--Sums payable to any State by reason of such State's having an agreement under this Act shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this Act for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. SEC. 4. FINANCING PROVISIONS. (a) In General.--Payments to States under section 3 shall be made in accordance with this section. (b) Certifications.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this Act. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from general funds in the Treasury to-- (1) the account of such State in the Unemployment Trust Fund, to the extent that such payment is allocable to costs described in section 3(b)(2)(A); and (2) such fund or other repository as may be agreed upon by the Secretary and the State agency of the State involved, to the extent that such payment is allocable to costs described in section 3(b)(2)(B). SEC. 5. DEFINITIONS. For purposes of this Act, the terms ``State'', ``State law'', ``State agency'', ``regular compensation'', ``extended compensation'', ``benefit year'', and ``week'' shall have the respective meanings assigned to them under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. SEC. 6. REPORTS BY THE SECRETARY OF LABOR. The Secretary shall prepare and transmit to the Congress on an annual basis a written report on the operation of this Act, including-- (1) an assessment of this Act's effectiveness within those States having an agreement in effect under this Act during the period covered by the report; (2) the name of any State whose request to enter into an agreement under this Act was disapproved during the period covered by the report, including the reasons for each such decision; and (3) such other information as the Secretary considers appropriate.

Skills and Training Promotion Act - Authorizes Federal payments to States for certain portions of a State's special unemployment assistance for individuals participating in qualified worker training programs.Provides for payment agreements between the Secretary of Labor and States that: (1) have a State unemployment compensation law approved by the Secretary; and (2) are required by State law to pay such special assistance to such trainees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Girls Count Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the United States Census Bureau's 2013 international figures, 1 person in 12--or close to 900,000,000 people--is a girl or young woman age 10 through 24. (2) The data also asserts that young people are the fastest growing segment of the population in developing countries. (3) Even though most countries do have birth registration laws, nearly one-third of all children under the age of 5 worldwide have never had their births registered. Moreover, an estimated 45 percent of children under the age of 5 worldwide (about 290 million children) do not possess a birth certificate. (4) A nationally recognized proof of birth is the key to determining a child's citizenship, nationality, place of birth, parentage and age, without which a passport, drivers license, or national identification card are impossible to obtain. Those who lack such documentation are often prevented from officially participating in and benefitting from the formal economic, legal, and political sectors in their countries. (5) The lack of birth registration among girls worldwide is particularly concerning as it exacerbates their disproportionate vulnerability to trafficking, child marriage, and lack of access to health and education services. (6) A lack of birth registration among women and girls can also aggravate what in many places amounts to an already reduced ability to seek employment, participate in civil society or purchase or inherit land and other assets. (7) Girls undertake much of the domestic labor needed for poor families to survive: carrying water, harvesting crops, tending livestock, caring for younger children, and doing chores. (8) Accurate assessments of access to education, poverty levels, and overall census activities are hampered by the lack of official information on women and girls. Without this rudimentary information, assessments of foreign assistance and domestic social welfare programs cannot be accurately gauged. (9) To ensure that women and girls are fully integrated into United States foreign assistance policies and programs, that the specific needs of girls are, to the maximum extent possible, addressed in the design, implementation, and evaluation of development assistance programs, and that women and girls have the power to affect the decisions that affect their lives, all girls should be counted and have access to birth certificates and other official documentation. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to-- (1) encourage countries to uphold the Universal Declaration of Human Rights and enact laws that ensure girls and boys of all ages are full participants in society, including requiring birth certifications and some type of national identity card to ensure that all citizens, including girls, are counted; (2) enhance training and capacity-building to developing countries, local nongovernmental organizations, and other civil society organizations to effectively address the needs of birth registries in countries where girls are undercounted; (3) include organizations representing children and families in the design, implementation, and monitoring of programs under this Act; and (4) mainstream into the design, implementation, and evaluation of policies and programs at all levels an understanding of the distinctive impact that such policies and programs may have on girls. SEC. 4. UNITED STATES ASSISTANCE TO SUPPORT COUNTING OF GIRLS IN THE DEVELOPING WORLD. (a) Authorization.--The Secretary and the Administrator are authorized to-- (1) support programs that will contribute to improved and sustainable Civil Registration and Vital Statistics Systems (CRVS) with a focus on birth registration as the first and most important life event to be registered; (2) promote programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls; (3) support programs to help increase property rights, social security, and home ownership, land tenure security, and inheritance rights for women; and (4) assist key ministries in the governments of developing countries, including health, interior, youth, and education ministries, to ensure that girls from poor households obtain equitable access to social programs. (b) Coordination With Multilateral Organizations.--The Secretary shall coordinate with the World Bank, relevant United Nations agencies and programs, and other relevant organizations to urge and work with countries to enact, implement, and enforce laws that specifically collect data on girls and establish registration and identification laws to ensure girls are active participants in the social, economic, legal and political sectors of society in their countries. (c) Coordination With Private Sector and Civil Society Organizations.--The Secretary and the Administrator should work with United States, international, and local private sector and civil society organizations to advocate for the registration and documentation of all girls and boys in developing countries to prevent exploitation, violence, and other abuses. SEC. 5. REPORT. The Secretary and the Administrator shall include in relevant evaluations and reports to Congress the following information: (1) To the extent practicable, United States foreign assistance and development assistance beneficiaries by age, gender, marital status, location, and school enrollment status. (2) A description of how United States foreign assistance and development assistance benefits girls. (3) Specific information on programs that address the particular needs of girls. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Foreign assistance.--The term ``foreign assistance'' has the meaning given the term in section 634(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394(b)). (3) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 7. SUNSET. This Act shall expire on the date that is 5 years after the date of the enactment of this Act. Passed the House of Representatives November 19, 2014. Attest: KAREN L. HAAS, Clerk.

Girls Count Act of 2014 - Authorizes the Secretary of State and the Administrator of the U.S. Agency for International Development (USAID) to: support programs that will contribute to improved civil registration and vital statistics systems with a focus on birth registration; promote programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls, and help increase property rights, social security, land tenure, and inheritance rights for women; and assist government ministries of developing countries to ensure that poor girls obtain equitable access to social programs. Directs the Secretary to coordinate with multilateral organizations to work with countries to enact laws that collect data on girls and establish registration and identification laws to ensure that girls participate in the social, economic, legal and political sectors of their countries. Urges the Secretary and the Administrator to work with U.S., international, and local private sector and civil society organizations to advocate for the registration and documentation of all girls and boys in developing countries to prevent exploitation, violence, and other abuses. Directs the Secretary and the Administrator to include in reports to Congress information regarding: (1) U.S. foreign and development assistance beneficiaries by age, gender, marital status, location, and school enrollment status; and (2) how U.S. foreign and development assistance benefits girls. Sunsets this Act five years after its enactment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Children's Safety Act''. SEC. 2. CRIMINAL RECORDS CHECKS. Section 408 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3207) is amended by adding at the end the following: ``(d) By Tribal Social Services Agency for Foster Care Placements in Tribal Court Proceedings.-- ``(1) Definitions.--In this subsection: ``(A) Covered individual.--The term `covered individual' includes-- ``(i) any individual 18 years of age or older; and ``(ii) any individual who the tribal social services agency determines is subject to a criminal records check under paragraph (2)(A). ``(B) Foster care placement.--The term `foster care placement' means any action removing an Indian child from a parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator if-- ``(i) the parent or Indian custodian cannot have the child returned on demand; and ``(ii)(I) parental rights have not been terminated; or ``(II) parental rights have been terminated but the child has not been permanently placed. ``(C) Indian custodian.--The term `Indian custodian' means any Indian-- ``(i) who has legal custody of an Indian child under tribal law or custom or under State law; or ``(ii) to whom temporary physical care, custody, and control has been transferred by the parent of the child. ``(D) Parent.--The term `parent' means-- ``(i) any biological parent of an Indian child; or ``(ii) any Indian who has lawfully adopted an Indian child, including adoptions under tribal law or custom. ``(E) Tribal court.--The term `tribal court' means a court-- ``(i) with jurisdiction over foster care placements; and ``(ii) that is-- ``(I) a Court of Indian Offenses; ``(II) a court established and operated under the code or custom of an Indian tribe; or ``(III) any other administrative body of an Indian tribe that is vested with authority over foster care placements. ``(F) Tribal social services agency.--The term `tribal social services agency' means the agency of an Indian tribe that has the primary responsibility for carrying out foster care licensing or approval (as of the date on which the proceeding described in paragraph (2)(A) commences) for the Indian tribe. ``(2) Criminal records check before foster care placement.-- ``(A) In general.--Except as provided in paragraph (3), no foster care placement shall be finally approved and no foster care license shall be issued until the tribal social services agency-- ``(i) completes a criminal records check of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made; and ``(ii) concludes that each covered individual described in clause (i) meets such standards as the Indian tribe shall establish in accordance with subparagraph (B). ``(B) Standards of placement.--The standards described in subparagraph (A)(ii) shall include-- ``(i) requirements that each tribal social services agency described in subparagraph (A)-- ``(I) perform criminal records checks, including fingerprint-based checks of national crime information databases (as defined in section 534(f)(3) of title 28, United States Code); ``(II) check any abuse registries maintained by the Indian tribe; and ``(III) check any child abuse and neglect registry maintained by the State in which the covered individual resides for information on the covered individual, and request any other State in which the covered individual resided in the preceding 5 years, to enable the tribal social services agency to check any child abuse and neglect registry maintained by that State for such information; and ``(ii) any other additional requirement that the Indian tribe determines is necessary and permissible within the existing authority of the Indian tribe, such as the creation of voluntary agreements with State entities in order to facilitate the sharing of information related to the performance of criminal records checks. ``(C) Results.--Except as provided in paragraph (3), no foster care placement shall be ordered in any proceeding described in subparagraph (A) if an investigation described in clause (i) of that subparagraph reveals that a covered individual described in that clause has been found by a Federal, State, or tribal court to have committed any crime listed in clause (i) or (ii) of section 471(a)(20)(A) of the Social Security Act (42 U.S.C. 671(a)(20)(A)). ``(3) Emergency placement.--Paragraph (2) shall not apply to an emergency foster care placement, as determined by a tribal social services agency. ``(4) Recertification of foster homes or institutions.-- ``(A) In general.--Not later than 2 years after the date of enactment of this subsection, each Indian tribe shall establish procedures to recertify homes or institutions in which foster care placements are made. ``(B) Contents.--The procedures described in subparagraph (A) shall include, at a minimum, periodic intervals at which the home or institution shall be subject to recertification to ensure-- ``(i) the safety of the home or institution for the Indian child; and ``(ii) that each covered individual who resides in the home or is employed at the institution is subject to a criminal records check in accordance with this subsection, including any covered individual who-- ``(I) resides in the home or is employed at the institution on the date on which the procedures established under subparagraph (A) commences; and ``(II) did not reside in the home or was not employed at the institution on the date on which the investigation described in paragraph (2)(A)(i) was completed. ``(C) Guidance issued by the secretary.--The procedures established under subparagraph (A) shall be subject to any regulation or guidance issued by the Secretary that is in accordance with the purpose of this subsection. ``(5) Guidance.--Not later than 2 years after the date of enactment of this subsection and after consultation with Indian tribes, the Secretary shall issue guidance regarding-- ``(A) procedures for a criminal records check of any covered individual who-- ``(i) resides in the home or is employed at the institution in which the foster care placement is made after the date on which the investigation described in paragraph (2)(A)(i) is completed; and ``(ii) was not the subject of an investigation described in paragraph (2)(A)(i) before the foster care placement was made; ``(B) self-reporting requirements for foster care homes or institutions in which any covered individual described in subparagraph (A) resides if the head of the household or the operator of the institution has knowledge that the covered individual-- ``(i) has been found by a Federal, State, or tribal court to have committed any crime listed in clause (i) or (ii) of section 471(a)(20)(A) of the Social Security Act (42 U.S.C. 671(a)(20)(A)); or ``(ii) is listed on a registry described in clause (II) or (III) of paragraph (2)(B)(i); ``(C) promising practices used by Indian tribes to address emergency foster care placement procedures under paragraph (3); and ``(D) procedures for certifying compliance with this Act.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

. The expanded summary of the Senate reported version is repeated here.) Native American Children's Safety Act Amends the Indian Child Protection and Family Violence Prevention Act to prohibit the final approval of any foster care placement or a foster care license from being issued until the tribal social services agency: (1) completes a criminal records check of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made, and (2) concludes that each of those individuals meets the tribe's standards established pursuant to this Act. Defines a "covered individual" as an adult and any other individual the tribe determines is subject to a criminal records check. Requires the Tribe's standards to include requirements that each tribal social services agency: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any abuse registries maintained by the Indian tribe; (3) check any child abuse and neglect registry maintained by the state, and any tribal abuse registries maintained in the state, in which the individual resides; (4) request any other state in which the individual resided during the preceding five years to enable the agency to check its registry; and (5) any other additional requirements that the Indian tribe determines is necessary and permissible within its existing authority, such as the creation of voluntary agreements with state entities in order to facilitate the sharing of information related to the performance of criminal records checks. Prohibits a foster care placement from being ordered if the investigation reveals that a covered individual has been found guilty by a federal, state, or tribal court of a felony involving child abuse or neglect, spousal abuse, a crime against a child, violence, or drugs. Exempts emergency foster care placements from such requirements. Requires Indian tribes to establish procedures to recertify homes or institutions in which foster care placements are made. Directs the Department of the Interior to issue guidance regarding: (1) procedures for a criminal records check of any covered individual who resides in the home or is employed at the institution in which the child is placed after the investigations that preceded that placement occurred, (2) self-reporting requirements for foster care homes or institutions that have knowledge that a covered individual residing on their premises would fail a criminal records check, (3) promising practices used by Indian tribes to address emergency foster care placements, and (4) procedures for certifying compliance with the Indian Child Protection and Family Violence Prevention Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Landmine Elimination Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On August 4, 1995, the Senate voted 67-27 to impose a moratorium on United States use of anti-personnel landmines beginning in February 1999; (2) On April 3, 1996, 15 senior retired United States military officers, including the former commanding officers of United States Armed Forces in Korea, the North Atlantic Treaty Organization (NATO), Vietnam, and Desert Storm, urged the President to ban the production, stockpiling, sale, and use of anti-personnel landmines; (3) The generals stated that a ban would be ``humane and militarily responsible'' and that it ``would not undermine the military effectiveness or safety of our forces, nor those of other nations''; (4) In Vietnam, 7,318 United States military personnel were killed, and 56,783 were injured, from landmines; (5) In Bosnia, at least 204 soldiers under United Nations command have been injured, and 20 killed, and at least 55 soldiers under NATO command have been injured, and 9 killed, by landmines; (6) The Department of State estimates that a man, woman, or child is killed or injured by a landmine every 22 minutes; (7) On May 16, 1996, President Clinton declared that the United States would ``aggressively pursue'' an international agreement to ban anti-personnel landmines; (8) On June 7, 1996, the members of the Organization of American States, including the United States, declared the goal of a Western Hemisphere landmine free zone; (9) On June 4, 1997, the members of the Organization of African Unity adopted the goal of the establishment of Africa as an anti-personnel landmine free zone; (10) On October 5, 1996, the Government of Canada announced that it would pursue negotiations on a treaty banning anti- personnel landmines to be completed at Ottawa in December 1997; (11) On December 10, 1996, the United Nations General Assembly passed by a vote of 156-0 (with 10 abstentions), a United States-sponsored resolution to ``pursue vigorously'' a treaty banning the use, stockpiling, production, and transfer of anti-personnel landmines, with a view to completing the negotiation ``as soon as possible''; (12) Formal negotiations on the Ottawa treaty are to begin in Oslo, Norway in September 1997; (13) By exerting its unmatched international influence, the United States could secure broad support for a legally binding international treaty banning anti-personnel landmines; (14) Such a treaty would further United States security and humanitarian interests by deterring the use of anti-personnel landmines against United States Armed Forces and civilians. SEC. 3. RESTRICTION ON NEW DEPLOYMENTS OF ANTI-PERSONNEL LANDMINES. (a) Restriction.--Beginning on January 1, 2000, no funds appropriated or otherwise available to any department or agency of the United States may be obligated or expended for new deployments of anti- personnel landmines. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report describing actions and proposals to substitute for new deployments of such landmines on the Korean Peninsula. (c) Consultations.--The Secretary shall consult with individuals having a variety of backgrounds and expertise in preparing the report required under subsection (b). (d) Delay.--The President may delay application of the restriction in subsection (a) with respect to the Korean Peninsula if, not later than January 1, 2000 and each year thereafter, he submits a report to Congress certifying that new deployments of anti-personnel landmines on the Korean Peninsula in the event of a war in Korea or a period of emergency in Korea declared by the President would be indispensable to the defense of the Republic of Korea in such year. (e) Certification Requirements.--The report under subsection (d) shall include a description of efforts made to implement the proposals described in the report submitted under subsection (b) and any similar proposals prepared subsequently by the Secretary of Defense and the Chairman of the Joint Chiefs of Staff. SEC. 4. DEFINITIONS. (a) Definitions.--In this Act-- (1) The term ``anti-personnel landmine'' means 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, constructed, or adapted to be detonated or exploded by the presence, proximity, or contact of a person and that will incapacitate, injure, or kill one or more persons. (2) The term ``new deployments of anti-personnel landmines'' means the emplacement or arming of such landmines on or after January 1, 2000. (b) Exclusions.--The term ``anti-personnel landmine'' does not include command-detonated Claymore munitions.

Landmine Elimination Act of 1997 - Prohibits, beginning on January 1, 2000, funds appropriated or otherwise available to any Federal department or agency from being obligated or expended for new deployments of anti-personnel landmines. Requires the Secretary of Defense to report to the Congress on actions and proposals to substitute for new deployments of such landmines on the Korean Peninsula. Allows the President to delay application of the prohibition with respect to the Peninsula if, not later than January 1, 2000, and each year thereafter, the President certifies the Congress that new deployments of anti-personnel landmines on the Peninsula in the event of a Korean war or a period of emergency in Korea declared by the President would be indispensable to the defense of the Republic of Korea in such year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lawsuit Abuse Reduction Act of 2004''. SEC. 2. ATTORNEY ACCOUNTABILITY. Rule 11 of the Federal Rules of Civil Procedure is amended-- (1) in subdivision (c)-- (A) by amending the first sentence to read as follows: ``If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the attorney, law firm, or parties that have violated this subdivision or are responsible for the violation, an appropriate sanction, which may include an order to the other party or parties to pay for the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper, that is the subject of the violation, including a reasonable attorney's fee.''; (B) in paragraph (1)(A)-- (i) by striking ``Rule 5'' and all that follows through ``corrected.'' and inserting ``Rule 5.''; and (ii) by striking ``the court may award'' and inserting ``the court shall award''; and (C) in paragraph (2), by striking ``shall be limited to what is sufficient'' and all that follows through the end of the paragraph (including subparagraphs (A) and (B)) and inserting ``shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the parties that were injured by such conduct. The sanction may consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee.''; and (2) by striking subdivision (d). SEC. 3. APPLICABILITY OF RULE 11 TO STATE CASES AFFECTING INTERSTATE COMMERCE. In any civil action in State court, the court, upon motion, shall determine within 30 days after the filing of such motion whether the action affects interstate commerce. Such court shall make such determination based on an assessment of the costs to the interstate economy, including the loss of jobs, were the relief requested granted. If the court determines such action affects interstate commerce, the provisions of Rule 11 of the Federal Rules of Civil Procedure shall apply to such action. SEC. 4. PREVENTION OF FORUM-SHOPPING. (a) In General.--Subject to subsection (b), a personal injury claim filed in State or Federal court may be filed only in the State and, within that State, in the county (or Federal district) in which-- (1) the person bringing the claim, including an estate in the case of a decedent and a parent or guardian in the case of a minor or incompetent-- (A) resides at the time of filing; or (B) resided at the time of the alleged injury; or (2) the alleged injury or circumstances giving rise to the personal injury claim allegedly occurred; or (3) the defendant's principal place of business is located. (b) Determination of Most Appropriate Forum.--If a person alleges that the injury or circumstances giving rise to the personal injury claim occurred in more than one county (or Federal district), the trial court shall determine which State and county (or Federal district) is the most appropriate forum for the claim. If the court determines that another forum would be the most appropriate forum for a claim, the court shall dismiss the claim. Any otherwise applicable statute of limitations shall be tolled beginning on the date the claim was filed and ending on the date the claim is dismissed under this subsection. (c) Definitions.--In this section: (1) The term ``personal injury claim''-- (A) means a civil action brought under State law by any person to recover for a person's personal injury, illness, disease, death, mental or emotional injury, risk of disease, or other injury, or the costs of medical monitoring or surveillance (to the extent such claims are recognized under State law), including any derivative action brought on behalf of any person on whose injury or risk of injury the action is based by any representative party, including a spouse, parent, child, or other relative of such person, a guardian, or an estate; and (B) does not include a claim brought as a class action. (2) The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, but not any governmental entity. (3) The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and any other territory or possession of the United States. (d) Applicability.--This section applies to any personal injury claim filed in Federal or State court on or after the date of the enactment of this Act. SEC. 5. RULE OF CONSTRUCTION. Nothing in section 3 or in the amendments made by section 2 shall be construed to bar or impede the assertion or development of new claims or remedies under Federal, State, or local civil rights law. SEC. 6. THREE-STRIKES RULE FOR SUSPENDING ATTORNEYS WHO COMMIT MULTIPLE RULE 11 VIOLATIONS. (a) Mandatory Suspension.--Whenever a Federal district court determines that an attorney has violated Rule 11 of the Federal Rules of Civil Procedure, the court shall determine the number of times that the attorney has violated that rule in that Federal district court during that attorney's career. If the court determines that the number is 3 or more, the Federal district court-- (1) shall suspend that attorney from the practice of law in that Federal district court for 1 year; and (2) may suspend that attorney from the practice of law in that Federal district court for any additional period that the court considers appropriate. (b) Appeal; Stay.--An attorney has the right to appeal a suspension under subsection (a). While such an appeal is pending, the suspension shall be stayed. (c) Reinstatement.--To be reinstated to the practice of law in a Federal district court after completion of a suspension under subsection (a), the attorney must first petition the court for reinstatement under such procedures and conditions as the court may prescribe. SEC. 7. ENHANCED SANCTIONS FOR DOCUMENT DESTRUCTION. (a) In General.--Whoever willfully and intentionally influences, obstructs, or impedes, or attempts to influence, obstruct, or impede, a pending court proceeding through the willful and intentional destruction of documents sought in, and highly relevant to, that proceeding shall be punished with mandatory civil sanctions of a degree commensurate with the civil sanctions available under Rule 37 of the Federal Rules of Civil Procedure, in addition to any other civil sanctions that otherwise apply. (b) Applicability.--This section applies to any court proceeding in any Federal or State court. Passed the House of Representatives September 14, 2004. Attest: JEFF TRANDAHL, Clerk.

Lawsuit Abuse Reduction Act of 2004 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure to: (1) require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, discretionary); (2) disallow the withdrawal or correction of pleadings to avoid Rule 11 sanctions; (3) require courts to award parties prevailing on Rule 11 motions reasonable expenses and attorney's fees, if warranted; (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and (5) make the discovery phase of litigation subject to Rule 11 sanctions. (Sec. 3) Makes Rule 11 applicable to State civil actions where the court determines, upon motion, that the action affects interstate commerce. (Sec. 4) Requires personal injury claims (defined to exclude class actions) filed in State or Federal court to be filed in the county or Federal district in which: (1) the person bringing the claim resides at the time of filing or resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the injury occurred; or (3) the defendant's principal place of business is located. Directs the trial court to determine which county or Federal district is the most appropriate forum in those situations where the alleged injury occurred in more than one county or district. (Sec. 6) Requires a mandatory one-year suspension for attorneys determined by a Federal district court to have violated Rule 11 three or more times in that court during the attorney's career. Authorizes the court to suspend such attorneys for an additional period as the court considers appropriate. Gives suspended attorneys the right to appeal and stays suspensions pending appeal. Requires suspended attorneys to petition the court for reinstatement under procedures and conditions prescribed by the court. (Sec. 7) Imposes civil sanctions commensurate with those sanctions available under Rule 37 of the Federal Rules of Civil Procedure, in addition to other available civil sanctions, for willfully and intentionally influencing, obstructing, or impeding a pending court proceeding (or attempting to do the same) through the willful and intentional destruction of documents sought in and highly relevant to that proceeding. Makes such sanctions applicable to both Federal and State court proceedings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2005''. SEC. 2. FRAUD IN CONNECTION WITH MAJOR DISASTER OR EMERGENCY BENEFITS. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1039. Fraud in connection with major disaster or emergency benefits ``(a) Whoever, in a circumstance described in subsection (b) of this section, knowingly-- ``(1) falsifies, conceals, or covers up by any trick, scheme, or device any material fact; or ``(2) makes any materially false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or representation, in any matter involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a major disaster declaration under section 401 of the Disaster Relief Act of 1974, or an emergency declaration under section 501 of the Disaster Relief Act of 1974, or in connection with any procurement of property or services related to any emergency or disaster declaration as a prime contractor with the United States or as a subcontractor or supplier on a contract in which there is a prime contract with the United States, shall be fined under this title, imprisoned for not more than 30 years, or both. ``(b) The circumstance to which subsection (a) of this section refers is that-- ``(1) the authorization, transportation, transmission, transfer, disbursement, or payment of the benefit is in or affects interstate or foreign commerce; ``(2) the benefit is transported in the mail at any point in the authorization, transportation, transmission, transfer, disbursement, or payment of that benefit; or ``(3) the benefit is a record, voucher, payment, money, or thing of value of the United States, or of any department or agency thereof. ``(c) In this section, the term `benefit' means any record, voucher, payment, money or thing of value, good, service, right, or privilege provided by the United States, State or local government, or other entity.''. (b) Clerical Amendment.--The table of sections for chapter 47 of title 18, United States Code, is amended by inserting at the end the following new item: ``1039. Fraud in connection with major disaster or emergency benefits.''. SEC. 3. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN WIRE, RADIO, AND TELEVISION FRAUD DURING AND RELATION TO A PRESIDENTIALLY DECLARED MAJOR DISASTER OR EMERGENCY. Section 1343 of title 18, United States Code, is amended by inserting: ``occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency, or'' after ``If the violation''. SEC. 4. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN MAIL FRAUD DURING AND RELATION TO A PRESIDENTIALLY DECLARED MAJOR DISASTER OR EMERGENCY. Section 1341 of title 18, United States Code, is amended by inserting: ``occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency, or'' after ``If the violation''. SEC. 5. DIRECTIVE TO SENTENCING COMMISSION. (a) In General.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission forthwith shall-- (1) promulgate sentencing guidelines or amend existing sentencing guidelines to provide for increased penalties for persons convicted of fraud or theft offenses in connection with a major disaster declaration under section 5170 of title 42, United States Code, or an emergency declaration under section 5191 of title 42, United States Code; and (2) submit to the Committees on the Judiciary of the United States Congress an explanation of actions taken by the Commission pursuant to paragraph (1) and any additional policy recommendations the Commission may have for combating offenses described in that paragraph. (b) Requirements.--In carrying out this section, the Sentencing Commission shall-- (1) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses described in subsection (a) and the need for aggressive and appropriate law enforcement action to prevent such offenses; (2) assure reasonable consistency with other relevant directives and with other guidelines; (3) account for any aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the sentencing guidelines currently provide sentencing enhancements; (4) make any necessary conforming changes to the sentencing guidelines; and (5) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. (c) Emergency Authority and Deadline for Commission Action.--The Commission shall promulgate the guidelines or amendments provided for under this section as soon as practicable, and in any event not later than the 30 days after the date of the enactment of this Act, in accordance with the procedures set forth in section 21(a) of the Sentencing Reform Act of 1987, as though the authority under that Act had not expired.

Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2005 (sic) - Amends the federal criminal code to: (1) set forth criminal penalties for fraud in the provision of benefits or the procurement of property or services in connection with a major disaster or emergency declared under the Disaster Relief Act of 1974; and (2) increase criminal penalties for engaging in wire, radio, television, or mail fraud during and in relation to a presidentially declared major disaster or emergency. Directs the U. S. Sentencing Commission to promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of fraud or theft offenses in connection with a declared emergency or major disaster.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Family Protection Act''. SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(z)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment under this section by reason of paragraph (1) shall be made in accordance with section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of the Social Security Act (42 U.S.C. 423) is amended by adding at the end the following: ``Last Payment of Benefit Terminated by Death ``(j)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment under this section by reason of paragraph (1) shall be made in accordance with section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of the Social Security Act (42 U.S.C. 428) is amended by adding at the end the following: ``Last Payment of Benefit Terminated by Death ``(i)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment under this section by reason of paragraph (1) shall be made in accordance with section 204(d).''. SEC. 3. CONFORMING AMENDMENTS REGARDING PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(b)(5)(B) of the Social Security Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of the Social Security Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(c)(5)(B) of the Social Security Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (d) Child's Insurance Benefits.--Section 202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of the Social Security Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of the Social Security Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of the Social Security Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of the Social Security Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (i) Disability Insurance Benefits.--Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of the Social Security Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). (k) Exemption From Maximum Benefit Cap.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended by adding at the end the following: ``Exemption From Maximum Benefit Cap ``(m) Notwithstanding any other provision of this section, the application of this section shall be made without regard to any amount received by reason of section 202(z), 223(j), or 228(i).''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the date that is 180 days after the date of the enactment of this Act.

Social Security Family Protection Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that a monthly OASDI benefit shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexibility to Innovate for College Affordability Act''. SEC. 2. HIGHER EDUCATION REGULATORY REFORM TASK FORCE. (a) Task Force Established.--Not later than 2 months after the date of enactment of this Act, the Secretary of Education shall establish the Higher Education Regulatory Reform Task Force. (b) Membership.--The Higher Education Regulatory Reform Task Force shall include-- (1) the Secretary of Education or the Secretary's designee; (2) the head of each other Federal agency (or such head's designee) that the Secretary of Education determines to be relevant to the activities of the Higher Education Regulatory Reform Task Force; (3) a representative of the Advisory Committee on Student Financial Assistance established under section 491 of the Higher Education Act of 1965 (20 U.S.C. 1098); (4) representatives from the higher education community, including-- (A) institutions of higher education, with equal representation of public and private nonprofit institutions, and two-year and four-year institutions, and with not less than 25 percent of such representative institutions carrying out distance education programs; and (B) nonprofit organizations representing institutions of higher education; and (5) any other entity or individual the Secretary of Education determines appropriate. (c) Activities.-- (1) Report required.--Not later than 6 months after the date of enactment of this Act, the Secretary of Education shall submit to Congress and make available on a publicly available website a report (in this Act referred to as the ``Higher Education Regulatory Reform Report'') prepared by the Higher Education Regulatory Reform Task Force on Federal regulatory requirements for institutions of higher education. In prioritizing the review and consideration of such regulatory requirements for the purposes of the Higher Education Regulatory Reform Report, the Higher Education Regulatory Reform Task Force shall give highest priority to regulations that are in effect at the time of such review and consideration and related to-- (A) State authorization of distance education; (B) the Integrated Postsecondary Education Data System (IPEDS); (C) the Office of Management and Budget's A-21 Circular; (D) reporting under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; (E) calculation of default rates under section 435(a) of the Higher Education Act of 1965; (F) gainful employment; (G) revenue requirements for institutions of higher education under section 487(a)(24) and (d) of the Higher Education Act of 1965; and (H) the Single Audit Act of 1984 and the Office of Management and Budget's A-133 Circular. (2) Contents of report.--The Higher Education Regulatory Reform Report shall contain the following with respect to regulatory requirements for institutions of higher education: (A) A list of rules that are determined to be outmoded, duplicative, ineffective, or excessively burdensome. (B) For each rule listed in accordance with subparagraph (A) and that is in effect at the time of the review under subparagraph (A), an analysis of whether the costs outweigh the benefits for such rule. (C) Recommendations to consolidate, modify, simplify, or repeal such rules to make such rules more effective or less burdensome. (D) A description of the justification for and impact of the recommendations described in subparagraph (C), as appropriate and available, including supporting data for such justifications and the financial impact of such recommendations on institutions of higher education of varying sizes and types. (E) Recommendations on the establishment of a permanent entity to review new regulatory requirements affecting institutions of higher education. (3) Notice and comment.--At least 30 days before submission of the Higher Education Regulatory Reform Report required under paragraph (1), the Secretary of Education shall publish the report in the Federal Register for public notice and comment. The Higher Education Regulatory Reform Task Force may modify the report in response to any comments received before submission of the report to Congress. (d) Definition of Institution of Higher Education.--For the purposes of this section, the term ``institution of higher education'' has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that such term does not include institutions described in subsection (a)(1)(C) of such section 102. SEC. 3. EXPEDITED CONSIDERATION BY CONGRESS. (a) Presentation of Higher Education Regulatory Reform Report to Congress and Expedited Consideration.-- (1) In general.--The President shall propose, at the time and in the manner provided in paragraph (2), the carrying out of all or part of the recommendations contained in the Higher Education Regulatory Reform Report prepared by the Higher Education Regulatory Reform Task Force in accordance with section 2. (2) Transmittal of special message.--Not later than 120 days after the submission of the Higher Education Regulatory Reform Report to Congress under section 2(c), the President shall transmit to Congress a special message to carry out all or part of the recommendations contained in such Report. The President shall include with that special message a bill that would carry out the recommendations. The President may not transmit more than one such special message each year. (3) Expedited consideration of president's higher education regulatory reform bill.-- (A) Higher education regulatory reform bill.-- Within 14 days after the President submits to Congress a bill under paragraph (2), the majority leader of the House of Representatives and the majority leader of the Senate shall each introduce such bill, by request. (B) Consideration in the house of representatives.-- (i) Referral and reporting.--Any committee of the House of Representatives to which such bill is referred shall report it to the House without amendment not later than the 14th legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (ii) Proceeding to consideration.--Not later than 21 legislative days after such bill is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider such bill in the House. Such a motion shall be highly privileged and not debatable, and shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until such bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (iii) Consideration.--If the motion to proceed is agreed to, the House shall immediately proceed to consider such bill in the House without intervening motion. Such bill shall be considered as read. All points of order against the bill and against its consideration are waived. The previous question shall be considered as ordered on the bill to its passage without intervening motion except 4 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the bill shall not be in order. (C) Consideration in the senate.-- (i) Committee action.--The appropriate committee of the Senate shall report without amendment the bill referred to in subparagraph (A) not later than the seventh session day after introduction. If a committee fails to report the bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the Committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (ii) Motion to proceed.--Not later than 3 session days after the bill is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider the bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to the draft bill. (iii) Consideration.--If a motion to proceed to the consideration of the draft bill is agreed to, the Senate shall immediately proceed to consideration of the draft bill without intervening motion, order, or other business, and the draft bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against the draft bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with the draft bill shall be limited to not more than 10 hours. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the draft bill is not in order. A motion to reconsider the vote by which the draft bill is agreed to or disagreed to is not in order. (D) Amendments prohibited.--No amendment to, or motion to strike a provision from, the draft bill considered under this section shall be in order in either the House of Representatives or the Senate. (E) Coordination with action by other house.--If, before passing the bill, one House receives from the other a bill-- (i) the bill of the other House shall not be referred to a committee; and (ii) the procedure in the receiving House shall be the same as if no bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant the bill of the receiving House. (F) Limitation.--This paragraph shall apply only to the bill referred to in subparagraph (A), introduced pursuant to such subparagraph. (b) Definition.--For purposes of this section, continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period. SEC. 4. EXPANDING THE EXPERIMENTAL SITES INITIATIVE. Section 487A(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1094a(b)(3)) is amended-- (1) in subparagraph (B)-- (A) by inserting ``(other than for purposes of an experiment described in subparagraph (C))'' after ``award amounts''; and (B) by inserting ``, such as an experiment described in subparagraph (D)'' after ``results of the experiment''; and (2) by adding at the end the following new subparagraphs: ``(C) Waivers of grant and loan maximum award amounts.--The Secretary is authorized to waive any requirements in this title or regulations prescribed under this title relating to grant and loan maximum award amounts (or any other requirements or regulations that may bias the results of the experiment described in this subparagraph) for any institution participating as an experimental site under subparagraph (A) to carry out an experiment to, with respect to each student whose workload exceeds the minimum workload that the institution considers a full-time academic workload for the program of study that the student is pursuing, increase the maximum Federal Pell Grant and loan award amounts for the student in proportion to the amount that the student's workload exceeds such minimum full- time academic workload, so long as the institution demonstrates to the Secretary that the experiment described in this subparagraph will assist in decreasing the total the cost of attendance (defined in section 472) for the student. ``(D) Waivers for competency-based learning.--The Secretary is authorized to waive any requirements in this title or any regulations prescribed under this title (including any accreditation requirements or any other requirements or regulations that may bias the results of the experiment described in this subparagraph) for any institution participating as an experimental site under subparagraph (A) to carry out an experiment to provide Federal grant and loan awards to-- ``(i) students enrolled in remedial courses or competency-based learning programs that provide competencies for success in certain programs of study at the institution, but that are not accredited; ``(ii) students (or potential students) to pay for the test fees of tests, based on the results of which the institution may award the students academic credit for prior learning; or ``(iii) secondary school students enrolled in courses at the institution, so long as the institution demonstrates to the Secretary that the experiment described in this subparagraph will assist in decreasing the total the cost of attendance (defined in section 472) for such students.''.

Flexibility to Innovate for College Affordability Act This bill directs the Department of Education (ED) to establish the Higher Education Regulatory Reform Task Force to review, report on, and make recommendations to reduce, federal regulatory requirements for institutions of higher education (IHEs). ED must publish the Higher Education Regulatory Reform Report; the President must submit a legislative proposal to implement its recommendations; and Congress must consider legislation to enact such recommendations under expedited procedures. Additionally, this bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to expand ED's waiver authority under the Experimental Sites Initiative. Specifically, it authorizes ED to waive title IV statutory and regulatory requirements to allow participating IHEs to award federal student aid: (1) above the annual maximum amount to students whose academic workload exceeds a full-time academic workload; and (2) to students enrolled in remedial or competency-based programs, students or potential students who incur costs (e.g., test fees) for prior learning assessments, and high school students enrolled in a postsecondary education program. A participating IHE must demonstrate that a waiver reduces the total cost of attendance for such students.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may cited as the ``Protecting and Preserving Social Security Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title and table of contents. TITLE I--COST-OF-LIVING INCREASES Sec. 101. Consumer Price Index for Elderly Consumers. Sec. 102. Computation of cost-of-living increases. TITLE II--CONTRIBUTION AND BENEFIT FAIRNESS Sec. 201. Determination of wages and self-employment income above contribution and benefit base after 2015. Sec. 202. Inclusion of surplus earnings in Social Security benefit formula. TITLE I--COST-OF-LIVING INCREASES SEC. 101. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who are 62 years of age or older. (b) Effective Date.--Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 102. COMPUTATION OF COST-OF-LIVING INCREASES. (a) In General.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (1) in paragraph (1)(G), by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''; and (2) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 102 of the Protecting and Preserving Social Security Act,''. (b) Conforming Amendments in Applicable Former Law.--Section 215(i)(1)(C) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''. (c) Effective Date.--The amendments made by subsection (a) shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. TITLE II--CONTRIBUTION AND BENEFIT FAIRNESS SEC. 201. DETERMINATION OF WAGES AND SELF-EMPLOYMENT INCOME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER 2015. (a) Determination of Wages Above Contribution and Benefit Base After 2015.-- (1) Amendments to the internal revenue code of 1986.-- Section 3121 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (a)(1), by inserting ``the applicable percentage (determined under subsection (c)(1)) of'' before ``that part of the remuneration''; and (B) in subsection (c), by striking ``(c) Included and Excluded Service.--For purposes of this chapter, if'' and inserting the following: ``(c) Special Rules for Wages and Employment.-- ``(1) Applicable percentage of remuneration in determining wages.--For purposes of paragraph (1) of subsection (a), the applicable percentage for a calendar year, in connection with any calendar year referred to in such subparagraph, shall be the percentage determined in accordance with the following table: The applicable ``In the case of: percentage is: Calendar year 2016................................. 86% Calendar year 2017................................. 71% Calendar year 2018................................. 57% Calendar year 2019................................. 43% Calendar year 2020................................. 29% Calendar year 2021................................. 14% Calendar years after 2021.......................... 0%. ``(2) Included and excluded service.--For purposes of this chapter, if''. (2) Amendments to the social security act.--Section 209 of the Social Security Act (42 U.S.C. 409) is amended-- (A) in subsection (a)(1)(I)-- (i) by inserting ``and before 2016'' after ``1974''; and (ii) by inserting ``and'' after the semicolon; (B) in subsection (a)(1), by adding at the end the following new subparagraph: ``(J) The applicable percentage (determined under subsection (l)) of that part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to the contribution and benefit base (determined under section 230) with respect to employment has been paid to an individual during any calendar year after 2015 with respect to which such contribution and benefit base is effective, is paid to such individual during such calendar year;''; and (C) by adding at the end the following new subsection: ``(l) For purposes of subparagraph (J) of subsection (a)(1), the applicable percentage for a calendar year, in connection with any calendar year referred to in such subparagraph, shall be the percentage determined in accordance with the following table: The applicable ``In the case of: percentage is: Calendar year 2016................................. 86% Calendar year 2017................................. 71% Calendar year 2018................................. 57% Calendar year 2019................................. 43% Calendar year 2020................................. 29% Calendar year 2021................................. 14% Calendar years after 2021.......................... 0%.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2015. (b) Determination of Self-Employment Income Above Contribution and Benefit Base After 2015.-- (1) Amendments to the internal revenue code of 1986.-- Section 1402 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (b)(1), by inserting ``an amount equal to the applicable percentage (as determined under subsection (d)(2)) of'' before ``that part of the net earnings from self-employment''; and (B) in subsection (d)-- (i) by striking ``(d) Employee and Wages.-- The term'' and inserting the following: ``(d) Rules and Definitions.-- ``(1) Employee and wages.--The term''; and (ii) by adding at the end the following: ``(2) Applicable percentage of net earnings from self- employment in determining self-employment income.--For purposes of paragraph (1) of subsection (b), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be the percentage determined in accordance with the following table: The applicable ``In the case of: percentage is: Calendar year 2016................................. 86% Calendar year 2017................................. 71% Calendar year 2018................................. 57% Calendar year 2019................................. 43% Calendar year 2020................................. 29% Calendar year 2021................................. 14% Calendar years after 2021.......................... 0%.''. (2) Amendments to the social security act.--Section 211 of the Social Security Act (42 U.S.C. 411) is amended-- (A) in subsection (b)(1)(I)-- (i) by striking ``or'' after the semicolon; and (ii) by inserting ``and before 2016'' after ``1974''; (B) in subsection (b)-- (i) by redesignating paragraph (2) as paragraph (3); and (ii) by inserting after paragraph (1) the following: ``(2) For any taxable year beginning in any calendar year after 2015, an amount equal to the applicable percentage (as determined under subsection (l)) of that part of net earnings from self-employment which is in excess of (A) an amount equal to the contribution and benefit base (determined under section 230) that is effective for such calendar year, minus (B) the amount of the wages paid to such individual during such taxable year; or''; and (C) by adding at the end the following: ``(l) For purposes of paragraph (2) of subsection (b), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph, shall be the percentage determined in accordance with the following table: The applicable ``In the case of: percentage is: Calendar year 2016................................. 86% Calendar year 2017................................. 71% Calendar year 2018................................. 57% Calendar year 2019................................. 43% Calendar year 2020................................. 29% Calendar year 2021................................. 14% Calendar years after 2021.......................... 0%.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2016. SEC. 202. INCLUSION OF SURPLUS EARNINGS IN SOCIAL SECURITY BENEFIT FORMULA. (a) Inclusion of Surplus Average Indexed Monthly Earnings in Determination of Primary Insurance Amounts.-- (1) In general.--Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended-- (A) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (B) in clause (ii), by striking ``and'' at the end; and (C) by inserting after clause (iii) the following new clauses: ``(iv) 3 percent of the individual's surplus average indexed monthly earnings to the extent such surplus average indexed monthly earnings do not exceed the excess of the amount established for purposes of this clause by subparagraph (B) over \1/12\ of the contribution and benefit base for the last of such individual's computation base years, and ``(v) 0.25 percent of the sum of the individual's surplus average indexed monthly earnings plus \1/12\ of the contribution and benefit base for the last of such individual's computation base years, to the extent such sum exceeds the amount established for purposes of clause (iv) by subparagraph (B).''. (2) Bend point for surplus earnings.--Section 215(a)(1)(B) of such Act (42 U.S.C. 415(a)(1)(B)) is amended-- (A) in clause (ii), by striking ``the amounts so established'' and inserting ``the amounts established for purposes of clauses (i) and (ii) of subparagraph (A)''; (B) by redesignating clause (iii) as clause (v); (C) in clause (v) (as redesignated), by inserting ``or (iv)'' after ``clause (ii)''; and (D) by inserting after clause (ii) the following new clauses: ``(iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in the calendar year 2016, the amount established for purposes of clause (iv) of subparagraph (A) shall be $11,358. ``(iv) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 2016, the amount established for purposes of clause (iv) of subparagraph (A) shall equal the product of the amount established with respect to the calendar year 2016 under clause (iii) of this subparagraph and the quotient obtained by dividing-- ``(I) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, by ``(II) the national average wage index (as so defined) for 2014.''. (b) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. 415(b)(1)) is amended-- (A) by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. (2) Surplus aime.-- (A) In general.--Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended-- (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting ``(A)'' after ``(b)(1)''; and (iii) by adding at the end the following new subparagraph: ``(B)(i) An individual's surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing-- ``(I) the total (after adjustment under paragraph (3)(B)) of such individual's surplus earnings (determined under clause (ii)) for such individual's benefit computation years (determined under paragraph (2)), by ``(II) the number of months in those years. ``(ii) For purposes of clause (i) and paragraph (3)(B), an individual's surplus earnings for a benefit computation year are the total of such individual's wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year.''. (B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. (3) Adjustment of surplus earnings for purposes of determining surplus aime.--Section 215(b)(3) of such Act (42 U.S.C. 415(b)(3)) is amended-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraph (C)'' and by inserting ``and determination of basic average indexed monthly income'' after ``paragraph (2)''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) For purposes of determining under paragraph (1)(B) an individual's surplus average indexed monthly earnings, the individual's surplus earnings (described in paragraph (2)(B)(ii)) for a benefit computation year shall be deemed to be equal to the product of-- ``(i) the individual's surplus earnings for such year (as determined without regard to this subparagraph), and ``(ii) the quotient described in subparagraph (A)(ii).''. (c) Effective Date.--The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2015.

Protecting and Preserving Social Security Act Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish for each calendar month a Consumer Price Index for Elderly Consumers (CPI-EC) that indicates changes over time in consumption expenditures typical for individuals in the United States age 62 or older. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSAct) to make the CPI-EC the applicable Consumer Price Index for computation of cost-of-living increases in OASDI benefits for such individuals. Amends the Internal Revenue Code to prescribe special rules for the determination of wages and self-employment income above the contribution and benefit base after 2015. Amends SSAct title II to include surplus average indexed monthly earnings in the determination of primary OASDI amounts.

SECTION 1. CONSENT TO COMPACT. The Congress consents to the SMART Research and Development Compact if that compact is entered into by the State of Delaware, the State of Maryland, the State of New Jersey, and the State 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 an organization for Strengthening the Mid-Atlantic Region for Tomorrow (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, laboratories, and nonprofit entities, within Delaware, Maryland, New Jersey, and Pennsylvania. ``ARTICLE II. ``This compact takes effect upon ratification by the States of Delaware, Maryland, New Jersey, and 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 representative from each party State, appointed as provided by the law of that State. The leadership shall appoint a Blue Ribbon Commission comprised of a representative from each party State from each technological class described in article IV to advise the leadership. The participants in the organization may include any business, academic institution, nonprofit agency or laboratory. ``The leadership of the Organization shall oversee and direct the projects, administration, and policies of the SMART Organization. The Blue Ribbon Commission shall identify goals and new technological developments for the region to pursue and facilitate cooperation among participants. The leadership, Blue Ribbon Commission, and participants in the Organization shall serve without compensation or reimbursement of expenses. The leadership of the Organization shall hold regular quarterly meetings and such special meetings as its business may require. ``The Organization shall adopt such rules and regulations 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 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. ``The Organization participants may, and the Blue Ribbon Commission shall, represent and originate from the following technological classes: information technology, sensors, rotorcraft technology, manufacturing technology, nanotechnology, electronics, 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 Organization leadership, designate and assign new representatives for additional technological classes and may at any time remove an existing class from the Organization's activities. ``ARTICLE V. ``The leadership of the Organization 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 executive director may appoint the other employees of the Organization and shall be the administrative head of the Organization. The executive director's term of office shall be at the pleasure of the leadership of the Organization. ``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. 2. RIGHT TO ALTER, AMEND, OR REPEAL. The Congress expressly reserves the right to alter, amend, or repeal this Act. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the SMART Organization such sums as may be necessary to assist the Organization in carrying out its activities, including the funding by the Organization of programs and projects consistent with the purposes of the Organization.

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 an organization for strengthening the Mid-Atlantic region for tomorrow) if it is entered into by the States of Delaware, Maryland, New Jersey, and Pennsylvania.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Investment and Growth Act''. SEC. 2. SMALL BUSINESS TAX RATE. (a) In General.--Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended by adding at the end of the following new subsection: ``(i) Maximum Small Business Tax Rate.-- ``(1) In general.--Except as provided in paragraph (4), if a taxpayer has taxable small business income for any taxable year to which this subsection applies, then the tax imposed by this section shall not exceed the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of-- ``(i) taxable income reduced by the amount of taxable small business income, or ``(ii) the amount of taxable income taxed at a rate below 34 percent, plus ``(B) a tax of 34 percent of the amount of taxable income in excess of the taxable income that is subject to tax under subparagraph (A). ``(2) Taxable small business income.--For purposes of this subsection, the term `taxable small business income' means, with respect to any taxable year, the taxable income of the taxpayer for such year attributable to the active conduct of any trade or business of an eligible small business. ``(3) Qualified retained earnings account.--For purposes of this subsection-- ``(A) S corporations.--Each S corporation shall establish a qualified retained earnings account which shall be-- ``(i) increased each year by the portion of the taxable income of the S corporation that is attributable to the active conduct of a trade or business by the S corporation, ``(ii) decreased each year by the portion of the taxable loss of the S corporation that is attributable to such active conduct of a trade or business, and ``(iii) decreased by qualified and nonqualified distributions from such S corporation to the shareholders thereof. ``(B) Qualified distributions.--For purposes of subparagraph (A), a distribution from a qualified retained earnings account shall be treated as a qualified distribution if the distribution-- ``(i) is made to the owners of the eligible small business, and ``(ii) is made to enable the S corporation shareholder to pay income taxes (Federal, State, local) on the income of the eligible small business. The Secretary is authorized to promulgate regulations pursuant to this subparagraph to provide rules to determine the extent to which distributions by an S corporation are made to enable the distributee to pay its income taxes, including regulations that establish a presumption that distributions are to enable the distributee to pay income taxes if such distributions do not exceed 34 percent of taxable small business income. ``(C) Distributions after taxable year.--For purposes of subparagraph (B), a distribution from a qualified retained earnings account within 75 days after the end of a taxable year of the eligible small business may be treated as a distribution made on the last day of such taxable year. ``(4) Additional tax on nonqualified distributions.-- ``(A) In general.--If-- ``(i) a distribution other than a qualified distribution is made from a qualified retained earnings account, and ``(ii) such distribution is made from additions to the account for a taxable year with respect to which paragraph (1)(B) applied to the taxpayer by reason of such additions, then the tax imposed by this section for the taxable year of the taxpayer with or within which the taxable year of the eligible small business in which the distribution was made ends shall be increased by the amount determined under subparagraph (B). ``(B) Amount of additional tax.--The amount of tax determined under this subparagraph is an amount equal to the product of the taxpayer's pro rata share of the distribution described in subparagraph (A)(i) and the number of percentage points (and fractions thereof) by which the highest rate of tax in effect under this section for the taxpayer's taxable year exceeds 34 percent. ``(C) Order of distributions.--For purposes of this paragraph, distributions shall be treated as having been made from the qualified retained earnings account on a last-in, first-out basis. Distributions in excess of the balance of the qualified retained earnings account shall not reduce such account below zero. ``(5) Eligible small business.--For purposes of this subsection-- ``(A) In general.--Except as provided in subparagraph (B), the term `eligible small business' means, with respect to any taxable year, an S corporation which has been designated, as of the beginning of the taxable year, as a small business concern (within the meaning of section 3(a) of the Small Business Act) according to size standard regulations published by the Small Business Administration. ``(B) Exclusions.--Such term shall not include-- ``(i) any personal service corporation (as defined in section 469(j)(2)), and ``(ii) any personal holding company (as defined in section 542). ``(C) Election to use 3 preceding years.--If the determination under subparagraph (A) is made on the basis of number of employees or gross receipts, the taxpayer may elect to have the determination made on the basis of the average number of employees or the average gross receipts of the taxpayer for the 3 taxable years preceding the taxable year. ``(6) Years to which subsection applies.--This subsection shall apply to any taxable year if the highest rate of tax set forth in subsection (a), (b), (c), (d), or (e) (whichever applies) for the taxable year exceeds 34 percent. ``(7) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations preventing the characterization of distributions for purposes of compensation or personal use as distributions of qualified retained earnings.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1995.

Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish a maximum small business tax rate on taxable small business income for S corporations. Describes such income as taxable income of the taxpayer from the active conduct of an eligible trade or small business. Requires each S corporation to establish a qualified retained earnings account. Allows qualified distributions from such a qualified retained earnings account to the owners to enable the S corporation shareholder to pay income taxes. Requires regulations to establish a presumption that distributions are to pay income taxes if such distributions do not exceed 34 percent of small business income. Provides for an additional tax on nonqualified distributions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women and Children's HIV Protection Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Perinatal transmission is the leading cause of pediatric HIV infections, including AIDS cases. (2) The Centers for Disease Control and Prevention (``CDC'') estimates that nearly 7,000 HIV-infected women give birth in the United States each year and as many as 400 babies continue to be born with HIV infection each year. (3) Medical advances have made it possible to nearly eliminate perinatal HIV transmission. (4) Research studies have demonstrated that the administration of antiviral medication during pregnancy, during labor, and immediately following birth can significantly reduce the transmission of HIV from an infected mother to her baby. Caesarean section further reduces the risk of transmission. (5) Even if treatment begins shortly after birth, antiretroviral therapy can substantially reduce the chance that an HIV-exposed infant will become infected. (6) Breastfeeding by HIV-infected mothers poses additional significant risk of infection to babies. (7) The Institute of Medicine (``IOM'') has recommended the adoption of a national policy of universal HIV testing, with patient notification, as a routine component of prenatal care. However, 15 percent of HIV-infected pregnant women receive no prenatal care according to the IOM. (8) The CDC has recommended since 1995 that all pregnant women be counseled and offered voluntary HIV testing. Yet nearly half of pregnant women are still not tested according to the CDC. (9) The American Medical Association recommends mandatory HIV testing of all newborns with appropriate treatment for affected mothers and children. (10) Testing newborns whose mothers' status is unknown ensures that every child at risk for HIV is identified. (11) The provision of testing of pregnant women and newborns with appropriate counseling and treatment can significantly reduce the number of pediatric HIV infections, including AIDS cases, can improve access to and medical care for the woman and children, and can provide opportunities to further reduce transmission among adults. (12) The provision of such testing, counseling, and treatment can reduce the overall cost of pediatric HIV infections, including AIDS cases. (13) New York State has required mandatory HIV counseling and voluntary testing for pregnant women and mandatory HIV testing of all newborns since February 1997. As a result, the perinatal HIV transmission rate in the State has dropped from 25 percent to an all time low of 3.5 percent and over 99 percent of HIV-infected women and their children have been linked to care. (14) For the reasons specified in paragraphs (1) through (12)-- (A) universal routine HIV testing of pregnant women and newborns should be the standard of care; and (B) the relevant medical organizations, as well as public health officials, should issue guidelines making such testing, counseling, and treatment the standard of care. SEC. 3. ADDITIONAL REQUIREMENT FOR CERTAIN GRANTS. Subpart I of part B of title XXVI of the Public Health Service Act (42 U.S.C. 300ff-21 et seq.) is amended by inserting after section 2616 the following section: ``SEC. 2616A. ADDITIONAL REQUIREMENT FOR CERTAIN GRANTS. ``For fiscal year 2004 and subsequent fiscal years, the Secretary shall not make a grant to a State under this part unless the State demonstrates that the law or regulations of the State are in accordance with the following: ``(1) That all pregnant women receiving prenatal care in the State be offered counseling and testing regarding HIV disease. ``(2) In the case of prenatal testing for such disease that is conducted in the State, that the results of such testing be promptly disclosed to the pregnant woman involved. ``(3) In the case of newborn infants who are born in the State and whose biological mothers have not undergone prenatal testing for HIV disease, that each such infant undergo testing for such disease. ``(4) That the results of such testing of a newborn infant be promptly disclosed in accordance with the following, as applicable to the infant involved: ``(A) To the biological mother of the infant (without regard to whether she is the legal guardian of the infant). ``(B) If the State is the legal guardian of the infant: ``(i) To the appropriate official of the State agency with responsibility for the care of the infant. ``(ii) To the appropriate official of each authorized agency providing assistance in the placement of the infant. ``(iii) If the authorized agency is giving significant consideration to approving an individual as a foster parent of the infant, to the prospective foster parent. ``(iv) If the authorized agency is giving significant consideration to approving an individual as an adoptive parent of the infant, to the prospective adoptive parent. ``(C) If neither the biological mother nor the State is the legal guardian of the infant, to another legal guardian of the infant. ``(D) To the child's health care provider. ``(5) That, in disclosing the test results to an individual under paragraph (2) or (4), appropriate counseling on HIV disease and appropriate referrals for health care be offered to the individual (except in the case of a disclosure to an official of a State or an authorized agency, or to a health care provider).''.

Women and Children's HIV Protection Act of 2002 - Amends the Public Health Service Act to prohibit making a grant to a State under the care grant program unless the State demonstrates that the law or regulations of the State require specified testing and services for pregnant women and newborn infants regarding HIV disease.

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Tenth Amendment Enforcement Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) in most areas of governmental concern, State governments possess both the Constitutional authority and the competence to discern the needs and the desires of the People and to govern accordingly; (2) Federal laws and agency regulations, which have interfered with State powers in areas of State jurisdiction, should be restricted to powers delegated to the Federal Government by the Constitution; (3) the framers of the Constitution intended to bestow upon the Federal Government only limited authority over the States and the people; (4) under the Tenth Amendment to the Constitution, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; and (5) the courts, which have in general construed the Tenth Amendment not to restrain the Federal Government's power to act in areas of State jurisdiction, should be directed to strictly construe Federal laws and regulations which interfere with State powers with a presumption in favor of State authority and against Federal preemption. SEC. 3. CONGRESSIONAL DECLARATION. (a) In General.--On or after January 1, 1997, any statute enacted by Congress shall include a declaration-- (1) that authority to govern in the area addressed by the statute is delegated to Congress by the Constitution, including a citation to the specific Constitutional authority relied upon; (2) if the statute interferes with State powers or preempts any State or local government law, regulation or ordinance, that Congress specifically finds that the Federal Government is the better level of government to govern in the area addressed by the statute; and (3) if the statute interferes with State powers or preempts any State or local government law, regulation or ordinance, that Congress specifically intends to interfere with State powers or preempt State or local government law, regulation, or ordinance, and that such preemption is necessary. (b) Factual Findings.--The Congress shall make specific factual findings in support of the declarations described in this section. SEC. 4. POINT OF ORDER. (a) In General.--It shall not be in order in either the Senate or House of Representatives to consider any bill, joint resolution, or amendment that does not include a declaration of Congressional intent as required under section 3. (b) Rulemaking.--This section is enacted-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, and as such, it is deemed a part of the rules of the Senate and House of Representatives, but is applicable only with respect to the matters described in section 3 and supersedes other rules of the Senate or House of Representatives only to the extent that such sections are inconsistent with such rules; and (2) with full recognition of the constitutional right of the Senate or House of Representatives to change such rules at any time, in the same manner as in the case of any rule of the Senate or House of Representatives. SEC. 5. ANNUAL REPORT ON STATUTORY PREEMPTION. (a) Report.--Within 90 days after each Congress adjourns sine die, the Congressional Research Service shall prepare and make available to the public a report on the extent of Federal statutory preemption of State and local government powers enacted into law during the preceding Congress or adopted through judicial interpretation of Federal statutes. (b) Contents.--The report shall contain-- (1) a cumulative list of the Federal statutes preempting, in whole or in part, State and local government powers; (2) a summary of Federal legislation enacted during the previous Congress preempting, in whole or in part, State and local government powers; (3) an overview of recent court cases addressing Federal preemption issues; and (4) other information the Director of the Congressional Research Service determines appropriate. (c) Transmittal.--Copies of the report shall be sent to the President and the chairman of the appropriate committees in the Senate and House of Representatives. SEC. 6. EXECUTIVE PREEMPTION OF STATE LAW. (a) In General.--Chapter 5 of title 5, United States Code, is amended by inserting after section 559 the following new section: ``SEC. 560. PREEMPTION OF STATE LAW. ``(a) No executive department or agency or independent agency shall construe any statutory authorization to issue regulations as authorizing preemption of State law or local ordinance by rulemaking or other agency action unless-- ``(1) the statute expressly authorizes issuance of preemptive regulations; and ``(2) the executive department, agency or independent agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. ``(b) Any regulatory preemption of State law shall be narrowly tailored to achieve the objectives of the statute pursuant to which the regulations are promulgated and shall explicitly describe the scope of preemption. ``(c)(1) When an executive department or agency or independent agency proposes to act through rulemaking or other agency action to preempt State law, the department or agency shall provide all affected States notice and an opportunity for meaningful and timely input by duly elected or appointed State and local government officials or their designated representatives in the proceedings. ``(2) The notice of proposed rulemaking shall be forwarded to the Governor, the Attorney General and the presiding officer of each chamber of the legislature of each State setting forth the extent and purpose of the preemption. ``(3) In the table of contents of each Federal Register, there shall be a separate list of preemptive regulations contained within that Register. ``(4) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to participation in rulemaking or other agency action by duly elected or appointed State and local government officials or their designated representatives acting in their official capacities. ``(d) Unless a final executive department or agency or independent agency rule or regulation contains an explicit provision declaring the Federal Government's intent to preempt State or local government powers and an explicit description of the extent and purpose of that preemption, the rule or regulation shall not be construed to preempt any State or local government law, ordinance or regulation. ``(e)(1) Each executive department or agency or independent agency shall review the rules and regulations issued by the department or agency that preempt, in whole or in part, State or local government powers. Each executive department or agency or independent agency shall publish in the Federal Register a plan for such review. Such plan may be amended by the department or agency at any time by publishing a revision in the Federal Register. ``(2) The purpose of the review under paragraph (1) shall be to determine whether and to what extent such rules are to continue without change, consistent with the stated objectives of the applicable statutes, or are to be altered or repealed to minimize the effect of the rules on State or local government powers. ``(3) The plan under paragraph (1) shall provide for the review of all such department or agency rules and regulations within 10 years after the date of publication of such rules and regulations as final rules. For rules and regulations in effect more than 10 years on the effective date of this section, the plan shall provide for review within 3 years after such effective date. ``(f) Any Federal rule or regulation promulgated after January 1, 1997, that is promulgated in a manner inconsistent with this section shall not be binding on any State or local government, and shall not preempt any State or local government law, ordinance, or regulation.''. (b) Conforming Amendment.--The table of sections for chapter 5 of title 5, United States Code, is amended by adding after the item for section 559 the following: ``560. Preemption of State law.''. SEC. 7. CONSTRUCTION. (a) In General.--No statute, or rule promulgated under such statute, enacted after the date of enactment of this Act, shall be construed by courts or other adjudicative entities to preempt, in whole or in part, any State or local government law, ordinance or regulation unless the statute, or rule promulgated under such statute, contains an explicit declaration of intent to preempt, or unless there is a direct conflict between such statute and a State or local government law, ordinance, or regulation, such that the two cannot be reconciled or consistently stand together. (b) Construction in Favor of States and People.--Notwithstanding any other provisions of law, any ambiguities in this Act, or in any other law of the United States, shall be construed in favor of preserving the authority of the States and the people. (c) Severability.--If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby. SEC. 8. APPROPRIATION BY STATE LEGISLATURES. Any funds received by a State under Federal law shall be subject to appropriation by the State legislature, consistent with the terms and conditions required under such applicable provisions of law.

Tenth Amendment Enforcement Act of 1996 - Requires that, on or after January 1, 1997, any statute enacted by the Congress must include specified findings and declarations about the constitutional authority of the Congress in enacting such statute to preempt State and local laws. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations. Directs the Congressional Research Service to prepare and make publicly available an annual report on the extent of Federal statutory preemption of State and local government powers enacted into law during the preceding Congress or adopted through judicial interpretation of Federal statutes. Amends Federal law to prohibit any executive department or agency (Federal agency) from construing any statutory authorization to issue regulations as authorizing preemption of State law or local ordinance by rule-making or other agency action, unless the statute expressly authorizes issuance of preemptive regulations and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Requires all States to be provided with notice and the opportunity to make meaningful and timely input when a Federal agency proposes preemptive rule making or other agency action. Prohibits applying the Federal Advisory Committee Act to participation in rulemaking or other agency action by State or local government officials or their designated representatives. Requires each Federal agency to publish in the Federal Register a plan for review of rules and regulations preempting State or local government powers. Requires the plan to provide for the review of such rules and regulations within ten years after the publication of such rules and regulations as final rules. Requires review, within three years of the effective date of this Act, of rules and regulations in effect more than ten years as of such effective date. Requires that funds received by a State under Federal law shall be subject to appropriation by the State legislature.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Mentoring Program Reauthorization Act of 2012'' or the ``JUMP Reauthorization Act of 2012''. SEC. 2. GRANTS FOR NATIONAL, STATE, AND LOCAL PROGRAMS. Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part F the following: ``PART G--MENTORING ``SEC. 299K. PURPOSES. ``The purposes of this part are-- ``(1) to reduce juvenile delinquency and gang participation; ``(2) to improve academic performance; and ``(3) to provide general guidance and promote personal and social responsibility, through the use of mentors for at-risk youth. ``SEC. 299L. DEFINITIONS. ``For purposes of this part-- ``(1) the term `at-risk youth' means an individual less than 18 years of age at risk of educational failure or dropping out of school or involvement in delinquent activities; ``(2) the term `mentor' means a responsible adult who is linked with at-risk youth in consistent contact, either as a one-to-one mentor or in small group mentoring, establishing supportive relationships with youth and providing youth with exposure to new experiences that enhance the ability of at-risk youth to become responsible citizens; ``(3) the term `one-to-one mentor' means a responsible adult who is linked with an at-risk youth on a one-to-one volunteer basis, establishing a supportive relationship with the youth and providing the youth with exposure to new experiences that enhance the youth's ability to become a responsible citizen; and ``(4) the term `small group mentoring' means one adult mentor forming a relationship with a small group of youths. The mentor assumes the role of leader and makes a commitment to meet regularly with the group over an extensive period of time in a predetermined facility. ``SEC. 299M. GRANTS. ``The Administrator shall, by making grants to and entering into contracts with national, regional, and local nonprofit organizations, establish and support programs and activities for the purpose of implementing mentoring programs that-- ``(1) are designed to link at-risk children, particularly children living in high crime areas and children experiencing educational failure, with responsible adults; and ``(2) are intended to achieve one or more of the following goals: ``(A) Provide general guidance to at-risk youth. ``(B) Promote personal and social responsibility among at-risk youth. ``(C) Increase at-risk youth's participation in and enhance their ability to benefit from elementary and secondary education. ``(D) Discourage at-risk youth's use of illegal drugs, violence, and dangerous weapons, and other criminal activity. ``(E) Discourage involvement of at-risk youth in gangs. ``(F) Encourage at-risk youth's participation in community service and community activities. ``SEC. 299N. REGULATIONS AND GUIDELINES. ``The Administrator shall develop and distribute to program participants specific model guidelines for the screening of prospective program mentors. ``SEC. 299O. USE OF GRANTS. ``(a) Permitted Uses.--Grants awarded pursuant to this part shall be used to implement mentoring programs, including-- ``(1) hiring of mentoring coordinators and support staff; ``(2) recruitment, screening, and training of adult mentors; ``(3) reimbursement of mentors for reasonable incidental expenditures such as transportation that are directly associated with mentoring; ``(4) training of mentoring program staff in effective practices; and ``(5) such other purposes as the Administrator may reasonably prescribe by regulation. ``(b) Additional Permitted Uses for National Grants.--In addition to the uses set forth in subsection (a), national grants awarded pursuant to this part may be used to implement and improve mentoring programs, including-- ``(1) the establishment and implementation of quality assurance services, including best practices for the screening of mentors and supervision of mentoring relationships; ``(2) the establishment and implementation of child safety standards; ``(3) the establishment and implementation of information technology systems to track the effectiveness of program models; and ``(4) research evaluations to inform best practices. ``(c) Prohibited Uses.--Grants awarded pursuant to this part shall not be used-- ``(1) to support litigation of any kind; or ``(2) for any other purpose reasonably prohibited by the Administrator by regulation. ``SEC. 299P. CONSIDERATIONS. ``(a) In General.--In making grants under this part, the Administrator shall give priority for awarding grants to applicants that-- ``(1) serve at-risk youth in high crime areas; ``(2) have 60 percent or more of their youth eligible to receive funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. et seq.); ``(3) establish and support mentoring programs that serve at-risk youth in public housing sites or on Native American lands; and ``(4) serve at-risk youth with a parent in the military, including a deployed parent. ``(b) Other Considerations.--In making grants under this part, the Administrator shall give consideration to-- ``(1) the quality of a mentoring plan, including-- ``(A) the resources, if any, that will be dedicated to providing participating youth with opportunities for job training or postsecondary education; and ``(B) the degree to which there is appropriate coordination with the local community to ensure the mentoring plan will continue to be implemented once the grant is discontinued; and ``(2) the capability of the applicant to effectively implement the mentoring plan. ``SEC. 299Q. APPLICATIONS. ``An application for assistance under this part shall include-- ``(1) information on the youth expected to be served by the program; ``(2) a provision for a mechanism for matching youth with mentors based on the needs of the youth; ``(3) an assurance that projects will be monitored to ensure that each youth benefits from a mentor relationship, with provision for a new mentor assignment if the relationship is not beneficial to the youth; ``(4) the method by which mentors and youth will be recruited to the project; ``(5) the method by which prospective mentors will be screened; ``(6) the training that will be provided to mentors; and ``(7) the method by which outcomes for youth will be measured and the strength of the mentoring relationship monitored.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 299 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``Parts C and E'' and inserting ``Parts C, E, and G''; and (B) in paragraph (2), in the matter preceding subparagraph (A), by striking ``parts C and E'' and inserting ``parts C, E, and G''; (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following: ``(d) Authorization of Appropriations for Part G.--There are authorized to be appropriated to carry out part G, and authorized to remain available until expended, $100,000,000 for each of fiscal years 2013 through 2017.''.

Juvenile Mentoring Program Reauthorization Act of 2012 or the JUMP Reauthorization Act of 2012 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award grants to and enter into contracts with national, regional, and local nonprofit organizations to implement mentoring programs that link at-risk youth with responsible adults to provide general guidance to such youth, promote personal and social responsibility, increase at-risk youth's participation in and enhance their ability to benefit from elementary and secondary education, discourage use of illegal drugs and dangerous weapons and involvement in gangs, and encourage participation in community service and activities. Defines "at-risk youth" as individuals under age 18 who are at risk of educational failure or involvement in delinquent activities. Requires the Administrator to develop and distribute to program participants specific model guidelines for screening prospective program mentors. Gives priority to grant applicants that: (1) serve at-risk youth in high crime areas; (2) have at least 60% of their youth eligible to receive funds under the Elementary and Secondary Education Act of 1965; (3) establish and support mentoring programs that serve at-risk youth in public housing or on Native American lands; and (4) serve at-risk youth with a parent in the military, including a deployed parent.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neuromyelitis Optica Consortium Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Neuromyelitis optica (NMO) is a devastating neurologic disease leading to blindness and paralysis. (2) There are an estimated 16,000 to 17,000 people with NMO in the United States and a quarter-million worldwide. (3) Women are affected 4 to 5 times more than men, and Afro-Caribbeans are about 2.5 times more predisposed to NMO than Caucasians. The reasons why Blacks are disproportionately affected cannot be fully understood without further studies. (4) The average age at diagnosis is between 40 and 50 years, but the range is broad and includes children as young as 3 years of age and adults as old as 90 years of age. (5) NMO incurs substantial costs for affected patients and their families. (6) The cause of NMO is unknown, but it is hypothesized to be autoimmune in nature. (7) More than 90 percent of NMO patients will suffer recurrent disease and accumulate neurologic disability. (8) Because of their relatively low overall incidence, orphan diseases like NMO frequently do not receive sufficient attention and research funding. (9) No single institution has a sufficient number of patients to independently conduct research that will adequately address the cause of NMO. (10) There has been no comprehensive study analyzing all relevant clinical, biological, and epidemiological aspects of NMO to identify potential risk factors and biomarkers for NMO. (11) We can apply our understanding of NMO to the study of other autoimmune diseases, including multiple sclerosis and systemic lupus erythematosus. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that there is a need-- (1) to establish and coordinate a multicenter research effort based on collaboration between regional consortia and governmental and nongovernmental entities in order to-- (A) comprehensively study the causes of NMO; and (B) identify potential biomarkers of disease activity; and (2) to encourage a collaborative effort among academic medical centers with epidemiological study groups to gather comprehensive and detailed information for each patient enrolled in those groups, in order to investigate environmental, nutritional, and genetic factors with respect to, and the pathological and epidemiological characteristics of, NMO. SEC. 4. ESTABLISHMENT OF THE NATIONAL NEUROMYELITIS OPTICA CONSORTIUM. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding after section 409J the following new section: ``SEC. 409K. NATIONAL NEUROMYELITIS OPTICA CONSORTIUM. ``(a) Establishment of the National Neuromyelitis Optica Consortium.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Secretary, acting through the Director of NIH, and in coordination with the Director of the National Institute on Minority Health and Health Disparities, shall establish, administer, and coordinate a National Neuromyelitis Optica Consortium (in this section referred to as the `NNO Consortium') for the purposes described in paragraph (2). ``(2) Purposes.--The purposes of the NNO Consortium shall be the following: ``(A) Providing grants of not fewer than 5 years duration to eligible consortia for the purpose of conducting research with respect to the causes of, and the risk factors and biomarkers associated with, NMO. ``(B) Assembling a panel of experts to provide, with respect to research funded by the NNO Consortium, ongoing guidance and recommendations for the development of the following: ``(i) A common study design. ``(ii) Standard protocols, methods, procedures, and assays for collecting from individuals enrolled as study participants a minimum dataset that includes the following: ``(I) Complete medical history. ``(II) Neurologic examination. ``(III) Biospecimens, including blood, spinal fluid, DNA, and RNA. ``(IV) Radiological data, including magnetic resonance imaging (MRI). ``(iii) Specific analytical methods for examining data. ``(iv) Provisions for consensus review of enrolled cases. ``(v) An integrated data collection network. ``(C) Designating a central laboratory to collect, analyze, and aggregate data with respect to research funded by the NNO Consortium and to make such data and analysis available to researchers. ``(3) Eligible consortia.--To be eligible for a grant under this section, a consortium shall demonstrate the following: ``(A) The consortium has the capability to enroll as research participants a minimum of 25 individuals with a diagnosis of NMO from the consortium's designated catchment area. ``(B) The designated catchment area of the consortium does not overlap with the designated catchment area of another consortium already receiving a grant under this section. ``(4) Report.--Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Secretary, acting through the Director of NIH, shall submit to Congress a report with respect to the NNO Consortium, to be made publicly available, including a summary of research funded by the NNO Consortium and a list of consortia receiving grants through the NNO Consortium. At the discretion of the Secretary, such report may be combined with other similar or existing reports. ``(5) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated $25,000,000 for each of fiscal years 2018 through 2021, to remain available until expended, to carry out this section. ``(B) Sense of congress.--It is the sense of Congress that funds appropriated to carry out this section should be in addition to funds otherwise available or appropriated to carry out the activities described in this section. ``(b) Definitions.--For purposes of this section: ``(1) Catchment area.--The term `catchment area' means a defined area for which population data are available. ``(2) Consortium.--The term `consortium' means a partnership of two or more universities, health care organizations, or government agencies, or any combination of such entities, serving a designated catchment area.''.

Neuromyelitis Optica Consortium Act This bill amends the Public Health Service Act to require the National Institutes of Health to establish, administer, and coordinate a national consortium on neuromyelitis optica (NMO), which is a neurological disease that can cause blindness and paralysis. The consortium must: award grants for research on the causes of, and the risk factors and biomarkers associated with, NMO; assemble a panel of experts to provide guidance and recommendations on research design and protocols; and designate a central laboratory to collect and analyze data from this research and to make the data and analysis available to researchers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ban on Smoking in Federal Buildings Act''. SEC. 2. FINDINGS. Congress finds that-- (1) environmental tobacco smoke is a cause of lung cancer in healthy nonsmokers and is responsible for acute and chronic respiratory problems and other health impacts among sensitive populations; (2) environmental tobacco smoke comes from secondhand smoke exhaled by smokers and sidestream smoke emitted from the burning of cigarettes, cigars, and pipes; (3) citizens of the United States spend up to 90 percent of a day indoors and, consequently, there is a significant potential for exposure to environmental tobacco smoke from indoor air; (4) exposure to environmental tobacco smoke occurs in public buildings and other indoor facilities; and (5) the health risks posed by environmental tobacco smoke exceed the risks posed by many environmental pollutants regulated by the Environmental Protection Agency. SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS. (a) Smoking Prohibition.--On and after the 180th day after the date of the enactment of this Act, smoking shall be prohibited in any indoor portion of a Federal building. (b) Enforcement.-- (1) Executive branch buildings.--The Administrator of General Services shall issue regulations, and take such other actions as may be necessary, to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by an Executive Agency. (2) Judicial branch buildings.--The Director of the Administrative Office of the United States Courts shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by an establishment in the judicial branch of the Government. (3) Legislative branch buildings.-- (A) House of representatives.--The House Office Building Commission shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by the House of Representatives. (B) Senate.--The Committee on Rules and Administration of the Senate shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by the Senate. (C) Other establishments.--The Architect of the Capitol shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by an establishment in the legislative branch of the Government (other than the House of Representatives and the Senate). SEC. 4. PREEMPTION. Nothing in this Act is intended to preempt any provision of law of a State or political subdivision of a State that is more restrictive than a provision of this Act. SEC. 5. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Executive agency.--The term ``Executive agency'' has the same meaning such term has under section 105 of title 5, United States Code. (2) Federal agency.--The term ``Federal agency'' means any Executive agency and any establishment in the legislative or judicial branches of the Government. (3) Federal building.--The term ``Federal building'' means any building or other structure (or portion thereof) owned or leased for use by a Federal agency; except that such term does not include any building or other structure on a military installation, any health care facility under the jurisdiction of the Secretary of Veterans Affairs, or any area of a building that is used primarily as living quarters. (4) Military installation.--The term ``military installation'' means a base, camp, post, station, yard, center, homeport facility for any ship, or other facility under the jurisdiction of the Department of Defense, including any leased facility. Such term does not include any facility used primarily for civil works (including any rivers and harbors project or flood control project).

Ban on Smoking in Federal Buildings Act - Prohibits smoking in any indoor portion of a Federal building.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen the Earned Income Tax Credit Act of 2009''. SEC. 2. STRENGTHEN THE EARNED INCOME TAX CREDIT. (a) Reduction in Marriage Penalty.-- (1) In general.--Subparagraph (B) of section 32(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``increased by'' and all that follows and inserting ``increased by $5,000.''. (2) Inflation adjustment.--Clause (ii) of section 32(j)(1)(B) of such Code is amended-- (A) by striking ``$3,000 amount in subsection (b)(2)(B)(iii)'' and inserting ``$5,000 amount in subsection (b)(2)(B)'', and (B) by striking ``calendar year 2007'' and inserting ``calendar year 2008''. (b) Increase in Credit Percentage for Families With 3 or More Children.--The table contained in section 32(b)(1)(A) of the Internal Revenue Code of 1986 (relating to percentages) is amended-- (1) by striking ``2 or more qualifying children'' in the second row and inserting ``2 qualifying children'', and (2) by inserting after the second row the following new item: ---------------------------------------------------------------------------------------------------------------- ``3 or more qualifying children.................................. 45................................... 21.06' '. ---------------------------------------------------------------------------------------------------------------- (c) Increased Credit for Individuals With No Qualifying Children.-- (1) In general.--The table in subparagraph (A) of section 32(b)(2) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$4,220'' in the second column and inserting ``$7,250'', and (B) by striking ``$5,280'' in the last column and inserting ``$14,500''. (2) Transitional phaseout amount for 2009.-- (A) In general.--Section 32(b)(2) of such Code, as amended by subsection (a), is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Transitional phaseout amount for eligible individuals with no qualifying children in 2009.--In the case of taxable years beginning in 2009, the phaseout amount for an eligible individual with no qualifying children shall be $13,800.''. (B) Conforming amendment.--Subparagraph (C) of section 32(b)(2) of such Code, as redesignated by paragraph (2), is amended by inserting ``or (B)'' after ``subparagraph (A)''. (3) Inflation adjustments.--Subparagraph (B) of section 32(j)(1) of the Internal Revenue Code of 1986, as amended by subsection (a), is amended-- (A) in clause (i)-- (i) by inserting ``(other than the amounts relating to individuals with no qualifying children)'' after ``(b)(2)(A)'', and (ii) by striking ``and'' at the end, (B) in clause (ii)-- (i) by striking ``(b)(2)(B)'' and inserting ``(b)(2)(C) and the $7,250 amount in the table in subsection (b)(2)(A)'', and (ii) by striking the period and inserting ``, and'', and (C) by adding at the end the following new clause: ``(iii) in the case of the $14,500 amount in the table in subsection (b)(2)(A), by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) of such section 1.''. (d) Credit Increase and Reduction in Phaseout for Individuals With No Children.--The table contained in section 32(b)(1)(A) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``7.65'' in the second column of the third row and inserting ``15.3'', and (2) by striking ``7.65'' in the third column of the third row and inserting ``15.3''. (e) Credit Allowed for Certain Childless Individuals Over Age 21.-- Subclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code of 1986 (relating to eligible individual) is amended by striking ``age 25'' and inserting ``age 21''. (f) Modification of Abandoned Spouse Rule.-- (1) In general.--Section 32(c)(1) of the Internal Revenue Code of 1986 (relating to eligible individual) is amended by adding at the end the following new paragraph: ``(G) Certain married individuals living apart.-- For purposes of this section, an individual who-- ``(i) is married (within the meaning of section 7703(a)) and files a separate return for the taxable year, ``(ii) lives with a qualifying child of the individual for more than one-half of such taxable year, and ``(iii) during the last 6 months of such taxable year, does not have the same principal place of abode as the individual's spouse, shall not be considered as married.''. (2) Conforming amendments.-- (A) The last sentence of section 32(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``section 7703'' and inserting ``section 7703(a)''. (B) Section 32(d) of such Code is amended by striking ``In the case of an individual who is married (within the meaning of section 7703)'' and inserting ``In the case of an individual who is married (within the meaning of section 7703(a)) and is not described in subsection (c)(1)(G)''. (g) Elimination of Disqualified Investment Income Test.-- (1) In general.--Section 32 of the Internal Revenue Code of 1986 is amended by striking subsection (i). (2) Conforming amendments.-- (A) Section 32(j)(1)(B)(i) of such Code, as amended by this Act, is amended-- (i) by striking ``subsections'' and inserting ``subsection'', and (ii) by striking ``and (i)(1)''. (B) Section 32(j)(2) of such Code is amended to read as follows: ``(2) Rounding.--If any dollar amount in subsection (b)(2)(A) (after being increased under subparagraph (B) thereof), after being increased under paragraph (1), is not a multiple of $10, such amount shall be rounded to the next nearest multiple of $10.''. (h) Simplification of Rules Regarding Presence of Qualifying Child.-- (1) Taxpayer eligible for credit for worker without qualifying child if qualifying child claimed by another member of family.--Section 32(c)(1) of the Internal Revenue Code of 1986 (relating to eligible individual), as amended by this Act, is amended by adding at the end the following new paragraph: ``(H) Taxpayer eligible for credit for worker without qualifying child if qualifying child claimed by another member of family.-- ``(i) General rule.--Except as provided in clause (ii), in the case of 2 or more eligible individuals who may claim for such taxable year the same individual as a qualifying child, if such individual is claimed as a qualifying child by such an eligible individual, then any other such eligible individual who does not make such a claim of such child or of any other qualifying child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year. ``(ii) Exception if qualifying child claimed by parent.--If an individual is claimed as a qualifying child for any taxable year by an eligible individual who is a parent of such child, then no other parent of such child who does not make such a claim of such child or of any other qualifying child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year.''. (2) Taxpayer eligible for credit for worker without qualifying child if qualifying children do not have valid social security number.--Subparagraph (F) of section 32(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(F) Individuals who do not include tin, etc., of any qualifying child.--In the case of any eligible individual who has one or more qualifying children, if no qualifying child of such individual is taken into account under subsection (b) by reason of paragraph (3)(D), for purposes of the credit allowed under this section, such individual may be considered an eligible individual without a qualifying child.''. (i) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. (j) Repeal of EGTRRA Sunset.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset provisions of such Act) shall not apply to section 303 of such Act.

Strengthen the Earned Income Tax Credit Act of 2009 - Amends the Internal Revenue Code to: (1) make permanent the reduction in the marriage penalty applicable to the earned income tax credit; (2) increase the rate of such credit for families with three or more children and for individuals without children; (3) modify earned income tax credit requirements relating to abandoned spouses and qualifying children; and (4) repeal provisions denying such credit for individuals with excessive investment income.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Fairness Act of 2007''. SEC. 2. TESTING FOR DISCRIMINATION. (a) In General.--The Secretary of Housing and Urban Development shall conduct a nationwide program of testing to-- (1) detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan, and measure patterns of adverse treatment because of the race, color, religion, sex, familial status, disability status, or national origin of a renter, home buyer, or borrower; and (2) measure the prevalence of such discriminatory practices across the housing and mortgage lending markets as a whole. (b) Administration.--The Secretary of Housing and Urban Development shall enter into agreements with qualified fair housing enforcement organizations, as such organizations are defined under subsection (h) of section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(h)), for the purpose of conducting the testing required under subsection (a). (c) Report.--The Secretary of Housing and Urban Development shall report to Congress-- (1) on a biennial basis, the results of each round of testing required under subsection (a) along with any recommendations or proposals for legislative or administrative action to address any issues raised by such testing; and (2) on an annual basis, a detailed summary of the calls received by the Fair Housing Administration's 24-hour toll-free telephone hotline. (d) Use of Results.--The results of any testing required under subsection (a) may be used as the basis for the Secretary, or any State or local government or agency, public or private nonprofit organization or institution, or other public or private entity that the Secretary has entered into a contract or cooperative agreement with under section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) to commence, undertake, or pursue any investigation or enforcement action to remedy any discrimination uncovered as a result of such testing. (e) Definitions.--As used in this section: (1) Disability status.--The term ``disability status'' has the same meaning given the term ``handicap'' in section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602). (2) Familial status.--The term ``familial status'' has the same meaning given that term in section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602). (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out the provisions of this section $20,000,000 for fiscal year 2008 and each fiscal year thereafter. SEC. 3. INCREASE IN FUNDING FOR THE FAIR HOUSING INITIATIVES PROGRAM. Section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by inserting ``qualified'' before ``private nonprofit fair housing enforcement organizations,''; and (B) in paragraph (2), by inserting ``qualified'' before ``private nonprofit fair housing enforcement organizations,''; (2) by striking subsection (g) and inserting the following: ``(g) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out the provisions of this section $52,000,000 for each of fiscal years 2008 through 2012, of which-- ``(A) not less than 75 percent of such amounts shall be for private enforcement initiatives authorized under subsection (b); ``(B) not more than 10 percent of such amounts shall be for education and outreach programs under subsection (d); and ``(C) any remaining amounts shall be used for program activities authorized under this section. ``(2) Availability.--Any amount appropriated under this section shall remain available until expended.''; (3) in subsection (h), in the matter following subparagraph (C), by inserting ``and meets the criteria described in subparagraphs (A) and (C)'' after ``subparagraph (B)''; and (4) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking ``and'' at the end; (ii) in subparagraph (D), by striking the period and inserting ``; and''; and (iii) by adding inserting after subparagraph (D) the following new subparagraph: ``(E) websites and other media outlets.''; (B) in paragraph (2), by striking ``or other public or private entities'' and inserting ``or other public or private nonprofit entities''; and (C) in paragraph (3), by striking ``or other public or private entities'' and inserting ``or other public or private nonprofit entities''. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the Secretary of Housing and Urban Development should-- (1) fully comply with the requirements of section 561(d) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(d)) to establish, design, and maintain a national education and outreach program to provide a centralized, coordinated effort for the development and dissemination of the fair housing rights of individuals who seek to rent, purchase, sell, or facilitate the sale of a home; (2) utilize all amounts appropriated for such education and outreach program under section 561(g) of such Act; and (3) promulgate regulations regarding the fair housing obligations of each recipient of Federal housing funds to affirmatively further fair housing, as that term is defined under title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.). SEC. 5. GRANTS TO PRIVATE ENTITIES TO STUDY HOUSING DISCRIMINATION. (a) Grant Program.--The Secretary of Housing and Urban Development shall carry out a competitive matching grant program to assist private nonprofit organizations in-- (1) conducting comprehensive studies that examine-- (A) the causes of housing discrimination and segregation; and (B) the effects of housing discrimination and segregation on education, poverty, and economic development; and (2) implementing pilot projects that test solutions that will help prevent or alleviate housing discrimination and segregation. (b) Eligibility.--To be eligible to receive a grant under this section, a private nonprofit organization shall-- (1) submit an application to the Secretary of Housing and Urban Development, containing such information as the Secretary shall require; and (2) agree to provide matching non-Federal funds for 25 percent of the total amount of the grant, which matching funds may include items donated on an in-kind contribution basis. (c) Preference.--In awarding any grant under this section, the Secretary of Housing and Urban Development shall give preference to any applicant who is-- (1) a qualified fair housing enforcement organization, as such organization is defined under subsection (h) of section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(h)); or (2) a partner of any such organization. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out the provisions of this section $5,000,000 for each of fiscal years 2008 through 2012.

Housing Fairness Act of 2007 - Instructs the Secretary of Housing and Urban Development to conduct, and report to Congress on, a nationwide testing program to: (1) detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan; (2) measure patterns of adverse treatment because of the race, color, religion, sex, familial status, disability status, or national origin of a renter, home buyer, or borrower; and (3) measure the prevalence of such discriminatory practices across housing and mortgage lending markets. Amends the Housing and Community Development Act of 1987 to reauthorize the fair housing initiatives program. Expresses the sense of Congress that the Secretary should: (1) fully comply with such Act's requirements to establish, design, and maintain a national education and outreach program for the development and dissemination of the fair housing rights of individuals who seek to rent, purchase, sell, or facilitate the sale of a home; (2) use all amounts appropriated for such program; and (3) promulgate regulations on the fair housing obligations of each recipient of federal housing funds to affirmatively further fair housing. Directs the Secretary to implement a competitive matching grant program to assist private nonprofit organizations in: (1) conducting comprehensive studies of specified aspects of the causes and effects of housing discrimination and segregation; and (2) implementing pilot projects that test solutions to help prevent or alleviate housing discrimination and segregation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Integrity Through Transparency and Technology (FITT) Act of 2009''. TITLE I--CONSTRAINING THE GROWTH OF THE FEDERAL GOVERNMENT SEC. 101. CONSTRAINING GROWTH. (a) Constraining Growth.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``constraining the growth of the federal government ``Sec. 316. (a) Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget for any fiscal year if the percentage increase for the projected total outlays for such fiscal year compared to the projected total outlays for the preceding fiscal year set forth in the most recently agreed to concurrent resolution on the budget exceeds the allowable growth percentage. ``(b) Allowable Growth Percentage.--As used in subsection (a), the term `allowable growth percentage' for the applicable fiscal year refers to the mean of the annual percentage growth of mean earnings of full-time, year-round workers; compensation of employees; and gross domestic product (GDP) for the United States for the most recent calendar year for which such data may be obtained from the U.S. Census Bureau and the Bureau of Economic Analysis (BEA) of the Department of Commerce compared to the immediately preceding calendar year before the concurrent resolution on the budget for the applicable fiscal year is reported by the Committee on the Budget of the House of Representatives or Senate, as the case may be. ``(c) Super Majority Required for Waiver.--Subsection (a) may be waived or suspended in the House of Representatives or the Senate by a two-thirds vote of its Members voting, a quorum being present.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Act of 1974 is amended by adding after the item relating to section 315 the following new item: ``Sec. 316. Constraining the Growth of the Federal Government.''. TITLE II--EFFICIENCY AND RESPONSIBILITY FROM THE FEDERAL GOVERNMENT SEC. 201. ANNUAL REPORTS BY FEDERAL DEPARTMENTS AND AGENCIES TO GOVERNMENT ACCOUNTABILITY OFFICE. (a) Report Requirement.--Each Federal department and agency annually shall submit to the Comptroller General a report on the total operating costs of the department or agency for the year covered by the report, with a separate statement containing details on waste, fraud, and abuse during such year. (b) Audit by GAO.--Each year the Comptroller General shall randomly select 10 percent of the reports submitted under subsection (a) and audit the reports. (c) Intelligence Report Requirement.--Each intelligence department and agency of the Federal Government, and each intelligence-related division within a department or agency, shall submit to the Select Committee on Intelligence of the House of Representatives the total operating costs of the agency, department, or division for the year covered by the report, with a separate statement containing details on waste, fraud, and abuse during such year. (d) First Reports.--The first reports under this section shall be submitted not later than one year after the date of the enactment of this Act. SEC. 202. ANNUAL REPORT BY COMPTROLLER GENERAL. (a) Annual GAO Report on Reports of Federal Departments and Agencies.--The Comptroller General shall submit to Congress an annual report on the results of the reports submitted under section 201(a). (b) First Report.--The first report under this section shall be submitted not later than 18 months after the date of the enactment of this Act. SEC. 203. PLAN FOR REDUCTION OF OPERATIONAL COSTS OF FEDERAL DEPARTMENTS AND AGENCIES. (a) Plan Requirement.--Not later than one year after the date of the enactment of this Act, each Federal department or agency shall design a plan to reduce its operational costs from $.36 of every $1.00 appropriated to the department or agency to $.15 of every $1.00 (or reduce their operational costs by 41.67 percent) appropriated to the department or agency through the use of new technologies and standard management practices. (b) Implementation of Plan.--Not later than 10 years after the date of the enactment of this Act, each Federal department or agency shall implement the plan for the department or agency developed under subsection (a). (c) Annual Progress Reports.--Each Federal department or agency shall submit to Congress a report each year detailing the progress of the department or agency in implementing the plan for the department or agency developed under subsection (a). SEC. 204. INFORMING TAXPAYERS. (a) Statement To Appear on Tax Returns.--The Secretary of the Treasury shall include, on each form for making the return of tax imposed under chapter 1 of the Internal Revenue Code of 1986, a statement of the aggregate dollar amount of waste, fraud, and abuse by all Federal departments and agencies for the most recent year for which the Secretary has received information under subsection (b). (b) Determination of Aggregate Waste, Fraud, and Abuse by Comptroller General.--The Comptroller General shall annually report to the Secretary of the Treasury the aggregate dollar amount of waste, fraud, and abuse by all Federal departments and agencies as determined by the Comptroller General on the basis of the reports submitted by Federal departments and agencies under section 201.

Fiscal Integrity through Transparency and Technology (FITT) Act of 2009 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or in the Senate to consider any budget resolution for any fiscal year if the percentage increase for the projected total outlays compared to the projected total outlays for the preceding fiscal year exceeds the allowable growth percentage, as determined according to a specified formula. Requires a super majority vote in either chamber to waive or suspend such prohibition. Requires federal departments and agencies to report annually to the Comptroller General, and federal intelligence departments and agencies and their intelligence-related divisions to report annually to the House Select Committee on Intelligence, on total department or agency operating costs for the year, with a separate statement detailing waste, fraud, and abuse during such year. Requires each federal department or agency to design and implement a plan to reduce its operational costs from $.36 to $.15 of every $1.00 appropriated to it (or reduce such costs by 41.67%) through the use of new technologies and standard management practices. Requires the Secretary of the Treasury to include, on each federal tax return, a statement of the aggregate dollar amount of waste, fraud, and abuse by all federal departments and agencies for the most recent year accounted for.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compassionate Assistance for Rape Emergencies Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) It is estimated that 25,000 to 32,000 women become pregnant each year as a result of rape or incest. An estimated 22,000 of these pregnancies could be prevented if rape survivors had timely access to emergency contraception. (2) A 1996 study of rape-related pregnancies (published in the American Journal of Obstetrics and Gynecology) found that 50 percent of the pregnancies described in paragraph (1) ended in abortion. (3) Surveys have shown that many hospitals do not routinely provide emergency contraception to women seeking treatment after being sexually assaulted. (4) The risk of pregnancy after sexual assault has been estimated to be 4.7 percent in survivors who were not protected by some form of contraception at the time of the attack. (5) The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy, reducing the risk by as much as 89 percent. (6) Medical research strongly indicates that the sooner emergency contraception is administered, the greater the likelihood of preventing unintended pregnancy. (7) In light of the safety and effectiveness of emergency contraceptive pills, both the American Medical Association and the American College of Obstetricians and Gynecologists have endorsed more widespread availability of such pills. (8) The American College of Emergency Physicians and the American College of Obstetricians and Gynecologists agree that offering emergency contraception to female patients after a sexual assault should be considered the standard of care. (9) Nine out of ten women of reproductive age remain unaware of emergency contraception. Therefore, women who have been sexually assaulted are unlikely to ask for emergency contraception. (10) New data from a survey of women having abortions estimates that 51,000 abortions were prevented by use of emergency contraception in 2000 and that increased use of emergency contraception accounted for 43 percent of the decrease in total abortions between 1994 and 2000. (11) It is essential that all hospitals that provide emergency medical treatment provide emergency contraception as a treatment option to any woman who has been sexually assaulted, so that she may prevent an unintended pregnancy. SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF EMERGENCY CONTRACEPTIVES WITHOUT CHARGE. (a) In General.--Federal funds may not be provided to a hospital under any health-related program, unless the hospital meets the conditions specified in subsection (b) in the case of-- (1) any woman who presents at the hospital and states that she is a victim of sexual assault, or is accompanied by someone who states she is a victim of sexual assault; and (2) any woman who presents at the hospital whom hospital personnel have reason to believe is a victim of sexual assault. (b) Assistance for Victims.--The conditions specified in this subsection regarding a hospital and a woman described in subsection (a) are as follows: (1) The hospital promptly provides the woman with medically and factually accurate and unbiased written and oral information about emergency contraception, including information explaining that-- (A) emergency contraception does not cause an abortion; and (B) emergency contraception is effective in most cases in preventing pregnancy after unprotected sex. (2) The hospital promptly offers emergency contraception to the woman, and promptly provides such contraception to her on her request. (3) The information provided pursuant to paragraph (1) is in clear and concise language, is readily comprehensible, and meets such conditions regarding the provision of the information in languages other than English as the Secretary may establish. (4) The services described in paragraphs (1) through (3) are not denied because of the inability of the woman or her family to pay for the services. (c) Definitions.--For purposes of this section: (1) The term ``emergency contraception'' means a drug, drug regimen, or device that is-- (A) used postcoitally; (B) prevents pregnancy by delaying ovulation, preventing fertilization of an egg, or preventing implantation of an egg in a uterus; and (C) is approved by the Food and Drug Administration. (2) The term ``hospital'' has the meanings given such term in title XVIII of the Social Security Act, including the meaning applicable in such title for purposes of making payments for emergency services to hospitals that do not have agreements in effect under such title. (3) The term ``Secretary'' means the Secretary of Health and Human Services. (4) The term ``sexual assault'' means coitus in which the woman involved does not consent or lacks the legal capacity to consent. (d) Effective Date; Agency Criteria.--This section takes effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act. Not later than 30 days prior to the expiration of such period, the Secretary shall publish in the Federal Register criteria for carrying out this section.

Compassionate Assistance for Rape Emergencies Act - Requires hospitals, as a condition of receiving Federal funds, to provide emergency contraception to a woman who is a victim of sexual assault.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Abduction Prevention Act of 2004''. SEC. 2. FINDINGS. Congress findings that-- (1) each year more than 203,000 children in the United States (approximately 78 percent of all abducted children) are abducted by a family member, usually a parent; (2) more than half of the parents who abduct their children have a history of alcohol or substance abuse, a criminal record, or a history of violence; (3) the most common motive for family abduction is revenge against the other parent, not protecting the child's safety; (4) children who are abducted by family members suffer emotional, psychological, and often physical abuse at the hands of their abductors; (5) children who are victims of family abductions are forced to leave behind family, friends, their homes, their neighborhoods, their schools, and all that is familiar to them; (6) children who are victims of family abductions are often told that the parent who did not abduct the child has died, does not love them, or will harm them; (7) children who are abducted by their parents or other family members are sometimes forced to live in fear of discovery and may be compelled to conceal their true identity, including their real names, family histories, and even their gender; (8) children who are victims of family abductions are often denied the opportunity to attend school or to receive health and dental care; (9) child psychologists and law enforcement authorities now classify family abduction as a form of child abuse; (10) approximately 70 percent of local law enforcement agencies do not have written guidelines for what to do in the event of a family abduction or how to facilitate the recovery of an abducted child; (11) the first few hours of a family abduction are crucial to recovering an abducted child, and valuable hours are lost when law enforcement is not prepared to employ the most effective techniques to locate and recover abducted children; (12) when parents who may be inclined to abduct their own children receive counseling and education on the harm suffered by children under these circumstances, the incidence of family abductions is greatly reduced; and (13) where practiced, the flagging of school records has proven to be an effective tool in assisting law enforcement authorities find abducted children. SEC. 3. DEFINITIONS. In this Act: (1) Family abduction.--The term ``family abduction'' means the taking, keeping, or concealing of a child or children by a parent, other family member, or person acting on behalf of the parent or family member, that prevents another individual from exercising lawful custody or visitation rights. (2) Flagging.--The term ``flagging'' means the process of notifying law enforcement authorities of the name and address of any person requesting the school records of an abducted child. (3) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (4) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any territory or possession of the United States, and any Indian tribe. SEC. 4. GRANTS TO STATES. (a) Matching Grants.--The Attorney General shall make grants to States for projects involving-- (1) the extradition of individuals suspected of committing a family abduction back to the State from which the child was taken; (2) the investigation by State and local law enforcement agencies of family abduction cases; (3) the training of State and local law enforcement agencies in responding to family abductions and recovering abducted children, including the development of written guidelines and technical assistance; (4) outreach and media campaigns to educate parents on the dangers of family abductions; and (5) the flagging of school records. (b) Matching Requirement.--Not less than 50 percent of the cost of a project for which a grant is made under this section shall be provided by non-Federal sources. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this Act, there are authorized to be appropriated to the Attorney General $500,000 for fiscal year 2004 and such sums as may be necessary for each of fiscal years 2005 and 2006.

Family Abduction Prevention Act of 2004 - Directs the Attorney General to make grants to States for projects involving: (1) the extradition of individuals suspected of committing a family abduction back to the State from which the child was taken; (2) investigation by law enforcement agencies of family abduction cases; (3) training for law enforcement agencies in responding to family abductions and recovering abducted children; (4) outreach and media campaigns to educate parents on the dangers of family abductions; and (5) notifying law enforcement authorities of the name and address of anyone requesting the school records of an abducted child. Requires that not less than 50 percent of the cost of a project for which a grant is made be provided by non-Federal sources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Price Gouging Prevention Act''. SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE AND OTHER PETROLEUM DISTILLATES DURING EMERGENCIES. (a) Unconscionable Pricing.-- (1) In general.--It shall be unlawful for any person to sell, at wholesale or at retail in an area and during a period of an energy emergency, gasoline or any other petroleum distillate covered by a proclamation issued under paragraph (2) at a price that-- (A) is unconscionably excessive; and (B) indicates the seller is taking unfair advantage of the circumstances related to an energy emergency to increase prices unreasonably. (2) Energy emergency proclamation.-- (A) In general.--The President may issue an energy emergency proclamation for any area within the jurisdiction of the United States, during which the prohibition in paragraph (1) shall apply. The proclamation shall state the geographic area covered, the gasoline or other petroleum distillate covered, and the time period that such proclamation shall be in effect. (B) Duration.--The proclamation-- (i) may not apply for a period of more than 30 consecutive days, but may be renewed for such consecutive periods, each not to exceed 30 days, as the President determines appropriate; and (ii) may include a period of time not to exceed 1 week preceding a reasonably foreseeable emergency. (3) Factors considered.--In determining whether a person has violated paragraph (1), there shall be taken into account, among other factors-- (A) whether the amount charged by such person for the applicable gasoline or other petroleum distillate at a particular location in an area covered by a proclamation issued under paragraph (2) during the period such proclamation is in effect-- (i) grossly exceeds the average price at which the applicable gasoline or other petroleum distillate was offered for sale by that person during the 30 days prior to such proclamation; (ii) grossly exceeds the price at which the same or similar gasoline or other petroleum distillate was readily obtainable in the same area from other competing sellers during the same period; (iii) reasonably reflected additional costs, not within the control of that person, that were paid, incurred, or reasonably anticipated by that person, or reflected additional risks taken by that person to produce, distribute, obtain, or sell such product under the circumstances; and (iv) was substantially attributable to local, regional, national, or international market conditions; and (B) whether the quantity of gasoline or other petroleum distillate the person produced, distributed, or sold in an area covered by a proclamation issued under paragraph (2) during a 30-day period following the issuance of such proclamation increased over the quantity that that person produced, distributed, or sold during the 30 days prior to such proclamation, taking into account usual seasonal demand variations. (b) False Pricing Information.--It shall be unlawful for any person to report to a Federal agency information related to the wholesale price of gasoline or other petroleum distillates with actual knowledge or knowledge fairly implied on the basis of objective circumstances that such information is false or misleading. (c) Definitions.--As used in this section-- (1) the term ``wholesale'', with respect to sales of gasoline or other petroleum distillates, means either truckload or smaller sales of gasoline or petroleum distillates where title transfers at a product terminal or a refinery, and dealer tank wagon sales of gasoline or petroleum distillates priced on a delivered basis to retail outlets; and (2) the term ``retail'', with respect to sales of gasoline or other petroleum distillates, includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture, industry, residential, and commercial consumers. (d) Construction.--As described in this section, a sale of gasoline or other petroleum distillate does not include a transaction on a futures market. SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Enforcement by FTC.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. In enforcing section 2(a) of this Act, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $500,000,000 per year. (b) Civil Penalties.-- (1) In general.--Notwithstanding the penalties set forth under the Federal Trade Commission Act, any person who violates this Act with actual knowledge or knowledge fairly implied on the basis of objective circumstances shall be subject to the following penalties: (A) Price gouging; unjust profits.--Any person who violates section 2(a) shall be subject to-- (i) a fine of not more than 3 times the amount of profits gained by such person through such violation; or (ii) a fine of not more than $3,000,000. (B) False information.--Any person who violates section 2(b) shall be subject to a civil penalty of not more than $1,000,000. (2) Method.--The penalties provided by paragraph (1) shall be obtained in the same manner as civil penalties obtained under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) each day of a continuing violation shall be considered a separate violation; and (B) the court shall take into consideration, among other factors, the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. SEC. 4. CRIMINAL PENALTIES. (a) In General.--In addition to any penalty applicable under section 3, any person who violates section 2 shall be fined under title 18, United States Code-- (1) if a corporation, not to exceed $150,000,000; and (2) if an individual not to exceed $2,000,000, or imprisoned for not more than 10 years, or both. (b) Enforcement.--The criminal penalty provided by subsection (a) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 2(a) of this Act, or to impose the civil penalties authorized by section 3(b)(1)(B), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act or a regulation under this Act, involving a retail sale. (b) Notice.--The State shall serve written notice to the Federal Trade Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority To Intervene.--Upon receiving the notice required by subsection (b), the Federal Trade Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which-- (A) the defendant operates; (B) the defendant was authorized to do business; or (C) the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Limitation on State Action While Federal Action Is Pending.--If the Federal Trade Commission has instituted a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Federal Trade Commission or the other agency for any violation of this Act alleged in the complaint. (g) Enforcement of State Law.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State. SEC. 6. LOW INCOME ENERGY ASSISTANCE. Amounts collected in fines and penalties under section 3 of this Act shall be deposited in a separate fund in the treasury to be known as the Consumer Relief Trust Fund. To the extent provided for in advance in appropriations Acts, the fund shall be used to provide assistance under the Low Income Home Energy Assistance Program administered by the Secretary of Health and Human Services. SEC. 7. EFFECT ON OTHER LAWS. (a) Other Authority of Federal Trade Commission.--Nothing in this Act shall be construed to limit or affect in any way the Federal Trade Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) State Law.--Nothing in this Act preempts any State law. Passed the House of Representatives May 23, 2007. Attest: LORRAINE C. MILLER, Clerk.

Federal Price Gouging Prevention Act - (Sec. 2) Makes it unlawful during a period proclaimed by the President as an energy emergency to sell gasoline or any other petroleum distillate at a price that: (1) is unconscionably excessive; or (2) indicates the seller is taking unfair advantage of the circumstances of an emergency to increase prices unreasonably. Authorizes the President to issue an energy emergency proclamation and to cite the geographic area covered, the gasoline or other petroleum distillate covered, and the time period that it shall be in effect. Limits such proclamation to a period of up to 30 consecutive days, but authorizes renewals of up to 30 days. Authorizes a proclamation to include a period of up to one week preceding a reasonably foreseeable emergency. Sets forth factors to be considered in determining whether a violation of this Act has occurred. Declares unlawful any false or misleading reporting to a federal agency of price information with actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that such information is false or misleading. Exempts from this Act a sale of gasoline or other petroleum distillate transaction on a futures market. (Sec. 3) Empowers the Federal Trade Commission (FTC) and state attorneys general to enforce this Act. Subjects any person who violates this Act to specified civil and criminal penalties. States that the criminal penalty may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. (Sec. 5) Provides that a state, as parens patriae, may bring a civil action in federal district court to enforce the unconscionable pricing prohibition of this Act, or to impose the civil penalties authorized by this Act, whenever the state's attorney general has reason to believe that the interests of state residents have been or are being threatened or adversely affected by a violation of this Act, or a regulation under it, which involves a retail sale. (Sec. 6) Requires fines and penalties collected under this Act to be deposited in a separate Consumer Relief Trust Fund in the Treasury to provide assistance under the Low Income Home Energy Assistance (LIHEAP) Program administered by the Secretary of Health and Human Services. (Sec. 7) Declares that nothing in this Act preempts state law.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Custody Protection Act''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec ``2431. Transportation of minors in circumvention of certain laws relating to abortion ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Offense.-- ``(1) Generally.--Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the minor resides, shall be fined under this title or imprisoned not more than one year, or both. ``(2) Definition.--For the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed on the minor, in a State other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides. ``(b) Exceptions.-- ``(1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. ``(2) A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. ``(c) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant reasonably believed, based on information the defendant obtained directly from a parent of the minor or other compelling facts, that before the minor obtained the abortion, the parental consent or notification, or judicial authorization took place that would have been required by the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the minor resides. ``(d) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action. ``(e) Definitions.--For the purposes of this section-- ``(1) a `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; ``(2) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by the law requiring parental involvement in the minor's abortion decision as a person to whom notification, or from whom consent, is required; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under the law requiring parental involvement in a minor's abortion decision; and ``(4) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new item: ``117A. Transportation of minors in circumvention of 2431''. certain laws relating to abortion.

Child Custody Protection Act - Amends the federal criminal code to prohibit transporting a minor across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor’s state of residence that requires parental involvement in the minor’s abortion decision). Makes an exception for an abortion necessary to save the life of the minor. Protects from prosecution or civil liability the minor or the minor’s parents for violations of this Act. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place. Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis.

SECTION 1. PERMANENT EXTENSION OF ESTATE TAX AS IN EFFECT IN 2009. (a) Exclusion Equivalent of Unified Credit Equal to $3,500,000.-- Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended to read as follows: ``(c) Applicable Credit Amount.-- ``(1) In general.--For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under section 2001(c) if the amount with respect to which such tentative tax is to be computed were equal to the applicable exclusion amount. ``(2) Applicable exclusion amount.-- ``(A) In general.--For purposes of this subsection, the applicable exclusion amount is $3,500,000. ``(B) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2010, the dollar amount 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 such calendar year by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (b) Maximum Estate Tax Rate Equal to 45 Percent.-- (1) In general.--Subsection (c) of section 2001 of the Internal Revenue Code of 1986 (relating to imposition and rate of tax) is amended-- (A) by striking ``but not over $2,000,000'' in the table contained in paragraph (1), (B) by striking the last 2 items in such table, (C) by striking ``(1) in general.--'', and (D) by striking paragraph (2). (2) Conforming amendment.--Paragraphs (1) and (2) of section 2102(b) of such Code are amended to read as follows: ``(1) In general.--A credit in an amount that would be determined under section 2010 as the applicable credit amount if the applicable exclusion amount were $60,000 shall be allowed against the tax imposed by section 2101. ``(2) Residents of possessions of the united states.--In the case of a decedent who is considered to be a `nonresident not a citizen of the United States' under section 2209, the credit allowed under this subsection shall not be less than the proportion of the amount that would be determined under section 2010 as the applicable credit amount if the applicable exclusion amount were $175,000 which the value of that part of the decedent's gross estate which at the time of the decedent's death is situated in the United States bears to the value of the decedent's entire gross estate, wherever situated.''. (c) Modifications of Estate and Gift Taxes To Reflect Differences in Unified Credit Resulting From Different Tax Rates.-- (1) Estate tax.-- (A) In general.--Section 2001(b)(2) of the Internal Revenue Code of 1986 (relating to computation of tax) is amended by striking ``if the provisions of subsection (c) (as in effect at the decedent's death)'' and inserting ``if the modifications described in subsection (g)''. (B) Modifications.--Section 2001 of such Code is amended by adding at the end the following new subsection: ``(g) Modifications to Gift Tax Payable To Reflect Different Tax Rates.--For purposes of applying subsection (b)(2) with respect to 1 or more gifts, the rates of tax under subsection (c) in effect at the decedent's death shall, in lieu of the rates of tax in effect at the time of such gifts, be used both to compute-- ``(1) the tax imposed by chapter 12 with respect to such gifts, and ``(2) the credit allowed against such tax under section 2505, including in computing-- ``(A) the applicable credit amount under section 2505(a)(1), and ``(B) the sum of the amounts allowed as a credit for all preceding periods under section 2505(a)(2). For purposes of paragraph (2)(A), the applicable credit amount for any calendar year before 1998 is the amount which would be determined under section 2010(c) if the applicable exclusion amount were the dollar amount under section 6018(a)(1) for such year.''. (2) Gift tax.--Section 2505(a) of such Code (relating to unified credit against gift tax) is amended by adding at the end the following new flush sentence: ``For purposes of applying paragraph (2) for any calendar year, the rates of tax in effect under section 2502(a)(2) for such calendar year shall, in lieu of the rates of tax in effect for preceding calendar periods, be used in determining the amounts allowable as a credit under this section for all preceding calendar periods.''. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009. (e) Additional Modifications to Estate Tax.-- (1) 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. (2) Sunset not to apply.-- (A) 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.''. (B) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. (3) Repeal of deadwood.-- (A) Sections 2011, 2057, and 2604 of the Internal Revenue Code of 1986 are hereby repealed. (B) The table of sections for part II of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2011. (C) The table of sections for part IV of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2057. (D) The table of sections for subchapter A of chapter 13 of such Code is amended by striking the item relating to section 2604. (f) Sense of the Senate Regarding Revenue Neutrality.--It is the sense of the Senate that any reduction in Federal revenues resulting from the provisions of, and amendments made by, this section should be fully offset.

Amends the Internal Revenue Code to: (1) restore the unified credit against the estate and gift tax after 2009; (2) establish the amount of such credit at $3.5 million adjusted for inflation in calendar years after 2010; and (3) reduce the maximum estate and gift tax rate to 45%. Expresses the sense of the Senate that any reduction in federal revenues resulting from this Act should be fully offset.