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SECTION 1. SHORT TITLE. This Act may be cited as the ``Save for Success Act''. SEC. 2. AMERICAN OPPORTUNITY TAX CREDIT SAVINGS CREDIT. (a) In General.--Section 25A of the Internal Revenue Code of 1986 is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following: ``(j) Special Rules Relating to AOTC Savings Credit.-- ``(1) In general.--For purposes of this section, the term `qualified tuition and related expenses' with respect to any individual includes eligible college savings contributions for such individual. Such contributions shall be taken into account for purposes of subsection (i)(1)(A) before tuition and fees. ``(2) Limitation.-- ``(A) In general.--The aggregate amount of contributions with respect to an individual which may be taken into account under paragraph (1) for a taxable year is $250. ``(B) Phase out.--The dollar amount in subparagraph (A) shall be reduced (but not below zero) by the amount which bears the same ratio to such dollar amount as-- ``(i) the number of percentage points (if any) in excess of 133 percent that the taxpayer's household income for the taxable year is of the poverty line for a family of the size involved, bears to ``(ii) 400 percentage points. ``(3) Terms relating to income and families.--The terms `family size', `household income', and `poverty line' shall have the meanings given such terms by section 36B(d). ``(4) Eligible higher education contribution.--For purposes of paragraph (1), the term `eligible college savings contribution' with respect to an individual means the excess of-- ``(A) contributions by the taxpayer in the taxable year to qualified college savings accounts of which the individual is the beneficiary, over ``(B) distributions from all such qualified college savings accounts for the taxable year. ``(5) Qualified college savings accounts.--The term `qualified college savings account' with respect to which such individual is the beneficiary means-- ``(A) an account under a qualified tuition program (as defined by section 529), and ``(B) an account under a program of a State (or political jurisdiction thereof) established exclusively for the purpose of paying for college tuition and other post-secondary educational expenses. ``(6) Portion of credit made refundable.--So much of the credit allowed under subsection (a) as is attributable to this subsection (determined after the application of subsection (i) and without regard to this subsection and section 26(a)) shall be treated as a credit allowable under subpart C (and not allowed under subsection (a)). The preceding sentence shall not apply to any taxpayer for any taxable year if such taxpayer is a child to whom subsection (g) of section 1 applies for such taxable year.''. (b) AOTC Lifetime Limitation.--Section 25A(i)(2) of such Code is amended to read as follows: ``(2) Limitation.--In lieu of subparagraphs (A) and (C) of subsection (b)(2), the amount allowed as a credit under this section for the taxable year with respect to an individual shall not exceed-- ``(A) $10,000, reduced ``(B) by the amount allowed under this section with respect to such individual for all prior taxable years.''. (c) Pilot Program To Make Periodic Payments as College Expenses Incurred.--Section 25A(i) of such Code is amended by adding at the end the following: ``(8) Pilot program to make periodic payments as college expenses incurred.-- ``(A) In general.--The Secretary of the Treasury and the Secretary of Education shall jointly establish a program designed to make payments periodically to or on behalf of an eligible student as the student incurs qualified expenses during the taxable year. The total amount that may be so paid to or on behalf of an eligible student through this program shall not exceed the credit which would (but for subparagraph (B)) be allowable under this section if subsection (d) were applied by using the taxpayer's modified adjusted gross income for the preceding taxable year. ``(B) Credit reduced by pilot program payments.-- The credit allowable under this section (without regard to this subparagraph) for any taxable year shall be reduced (but not below zero) by the payments made with respect to a student under subparagraph (A) for expenses which would otherwise be taken into account in determining the credit under this section for such year. ``(C) Program participation.--Participation in the program established under this paragraph shall be voluntary with respect to both students and educational institutions; except that, institutions which are taxable under this chapter (other than by reason of section 511) may not participate in such program. ``(D) Program period.--The program established under this paragraph shall apply to expenses for academic periods beginning during the 5-year period which begins on the date which is 1 year after the date of the enactment of this paragraph. ``(E) Payments not treated as resources for financial aid.--Payments made under this paragraph shall not be treated as resources for purposes of determining the amount of any financial aid which is funded in whole or part with Federal funds. Payments under the program shall not be made in a manner that would reduce the State, private, or institutional aid available to an eligible student. ``(F) Notice of program.--Educational institutions participating in the program established under this paragraph shall provide appropriate notices to parents and students of the option of payments under such program. Such notices shall not be considered tax advice for purposes of any Federal law or regulation. ``(G) Reporting.--The Secretary of the Treasury and the Secretary of Education shall jointly submit annual reports to Congress on the program established under this subsection, together with any recommendations with respect to such program.''. (d) Conforming Amendment.--Section 6211(b)(4)(A) of such Code is amended by inserting ``or (j)(6)'' after ``subsection (i)(6)''. (e) Increased Public Awareness of American Opportunity Tax Credit.-- (1) In general.--The Secretary of the Treasury, or the Secretary's delegate, in consultation with the Secretary of Education, shall establish a taxpayer awareness program to inform the taxpaying public of the availability of the American Opportunity Tax Credit allowed under section 25A of the Internal Revenue Code of 1986. Such public awareness program shall be designed to assure that individuals who may be eligible are informed of the availability of such credit and filing procedures. (2) Means of communications.-- (A) In general.--The Secretary of the Treasury, or the Secretary's delegate, in consultation with the Secretary of Education, shall use appropriate means of communication to carry out the provisions of this section. The taxpayer awareness program shall include, but not be limited to, prominent display of information about the availability of the American Opportunity Tax Credit on information return forms specified by such Secretary for use by educational institutions to report qualified tuition and related expenses incurred. (B) Additional steps.--In addition, the Secretary of the Treasury, or the Secretary's delegate, in consultation with the Secretary of Education, should-- (i) make students aware of the American Opportunity Tax Credit through the data retrieval tool and the student aid report of the Department of Education, (ii) include information on the financial aid shopping sheet, (iii) include the American Opportunity Tax Credit in the volunteer income tax assistance program, and (iv) bring awareness of the American Opportunity Tax Credit in the Federal TRIO Programs (commonly known as ``TRIO'') under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq.) and in the Gaining Early Awareness and Readiness for Undergraduate Programs (commonly known as ``GEAR UP'') under chapter 2 of subpart 2 of part A of title IV of such Act (20 U.S.C. 1070a-21 et seq.). (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015.	Save for Success Act This bill amends the Internal Revenue Code to: (1) modify the American Opportunity Tax Credit to include an increased credit amount for college savings contributions, and (2) direct the Departments of the Treasury and Education to jointly establish a pilot program to make periodic payments of educational expenses for a student as such expenses are incurred during the taxable year. Treasury shall establish a taxpayer awareness program to inform the public of the availability of the American Opportunity Tax Credit.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to Pet Owners Act of 2014''. SEC. 2. APPLICABILITY. This Act shall only apply to medication for a domesticated household animal that the Federal Government prevents consumers from purchasing without a prescription. SEC. 3. RULES ON VETERINARY PRESCRIPTIONS. Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall promulgate rules in accordance with section 553 of title 5, United States Code, that include the following requirements with regard to a veterinary prescription: (1) In general.--A requirement that the prescriber of an animal drug shall-- (A) whether or not requested by the pet owner, provide to the pet owner, before offering to fill or dispensing, a veterinary prescription, a copy of the veterinary prescription, including by electronic or other means; and (B) provide a copy of the prescription by electronic or other means consistent with applicable State law, if requested by a pharmacy or any other person designated to act on behalf of the pet owner. (2) Purchase, payment, and waiver.--A requirement that the prescriber of an animal drug-- (A) may not-- (i) require purchase of the animal drug for which the veterinary prescription was written from the prescriber or from another person as a condition of providing a copy of the veterinary prescription or verifying such prescription under paragraph (1); (ii) require payment in addition to, or as part of, the fee for an examination and evaluation as a condition of providing a copy of the veterinary prescription or verifying such prescription under paragraph (1); or (iii) require the pet owner to sign a waiver or disclaim liability, or deliver to the pet owner a notice waiving or disclaiming liability of the prescriber for the accuracy of the veterinary prescription, as a condition of providing a copy of such prescription or verifying such prescription under paragraph (1); and (B) may require payment of fees for an examination and evaluation before providing a veterinary prescription, but only if the prescriber requires immediate payment in the case of an examination that reveals no requirement for an animal drug. SEC. 4. ENFORCEMENT. A violation of a rule prescribed pursuant to section 3 of this Act 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. SEC. 5. DEFINITIONS. In this Act: (1) Animal drug.--The term ``animal drug'' means a drug intended to be administered to an animal that may not be dispensed without a prescription. (2) Domesticated household animal.--The term ``domesticated household animal'' means a companion animal permitted under applicable State and local law to be kept in a home for noncommercial purposes. (3) Pet owner.--The term ``pet owner'' means the legal owner of a domesticated household animal or a person designated by such owner to present such animal to the prescriber for care. (4) Prescriber.--The term ``prescriber'' means a health care practitioner who is licensed to practice veterinary medicine or other person permitted under State law to issue prescriptions for animal drugs. (5) Veterinary prescription.--The term ``veterinary prescription''-- (A) means a written, oral, or electronic order from a prescriber authorizing the dispensing of an animal drug for use by a domesticated household animal and normally administered to the animal by its owner, issued in accordance with State and Federal law; and (B) does not include an animal drug administered by the veterinarian in the course of providing acute care.	Fairness to Pet Owners Act of 2014 - Directs the Federal Trade Commission (FTC) to require prescribers of animal drugs to verify prescriptions and provide copies of prescriptions to pet owners, pet owner designees, and pharmacies, without the prescriber demanding payment or establishing other conditions. Applies these requirements to medication for a domesticated household animal that consumers are not allowed to purchase without a prescription. Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Through Environmental Safeguarding and Streamlining Act of 2010''. SEC. 2. SURFACE TRANSPORTATION PROJECT DELIVERY PILOT PROGRAM. (a) Assumption of Responsibility.-- (1) Additional responsibility.--Section 327(a)(2)(B)(ii)(I) of title 23, United States Code, is amended to read as follows: ``(I) responsibility for any conformity determination (other than a conformity determination for an individual project) required under section 176 of the Clean Air Act (42 U.S.C. 7506); or''. (2) Highway projects involving more than one dot modal administration.--Section 327(a)(2) of such title is amended by adding at the end the following: ``(F) Highway projects involving more than one dot modal administration.-- ``(i) Treatment of projects.--For purposes of subparagraph (A), a project shall be treated as a `highway project' if the Secretary determines that the Federal Highway Administration is the lead agency for the project. ``(ii) Assignment of authorities.--In the case of a highway project that involves the Federal Highway Administration and another modal administration of the Department of Transportation, the authorities of the Secretary that may be assigned to a State under this subsection shall include the authorities of the Secretary that relate to the Federal Highway Administration and the other modal administration.''. (b) State Participation.-- (1) Number of participating states.--Section 327(b)(1) of such title is amended-- (A) in the paragraph heading by striking ``Number of Participating States'' and inserting ``In General''; and (B) by striking ``not more than 5'' and all that follows through ``Texas)'' and inserting ``any State that meets the selection criteria contained in paragraph (4)''. (2) Written agreement.--Section 327(c) of such title is amended to read as follows: ``(c) Written Agreement.-- ``(1) In general.--A written agreement under this section shall-- ``(A) be executed by the Governor or the top- ranking transportation official in the State who is charged with responsibility for highway construction; ``(B) be in such form as the Secretary may prescribe; ``(C) provide that the State-- ``(i) agrees to assume all or part of the responsibilities of the Secretary described in subsection (a); ``(ii) agrees to carry out those responsibilities using the best available science; ``(iii) 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 Secretary assumed by the State; ``(iv) 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. ``(2) Excluded projects.--A written agreement with a State under this section may include a list of projects in the State that are excluded from the program. The list shall be updated annually by mutual agreement between the Secretary and the State. ``(3) Term.--A written agreement with a State under this section shall-- ``(A) have a term of not more than 5 years; and ``(B) be renewable. ``(4) Use of project delivery methods.--A written agreement with a State under this section may not impose on the State a limitation on the use of a project delivery method if the limitation would not otherwise apply to the State under this title or another provision of law. In this paragraph, the term `project delivery method' includes the authority of a State to acquire rights-of-way and conduct final design work for a project with State funds on an at-risk basis prior to completion of the environmental review process for the project.''. (3) Audits and monitoring.--Section 327(g) of such title is amended-- (A) in the subsection heading by inserting ``and Monitoring'' after ``Audits''; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: ``(2) Monitoring.--If a State has been participating in the program pursuant to a written agreement under subsection (c) for a period of 10 consecutive years, the Secretary may monitor compliance by the State with the agreement instead of conducting audits under paragraph (1). If a State, while participating in the monitoring program under this section, repeatedly fails to comply with all aspects of the written agreement under subsection (c), the Secretary shall commence the auditing process. The Secretary shall develop procedures for conducting monitoring under this paragraph.''; and (D) in paragraph (3) (as redesignated by subparagraph (B) of this paragraph) by inserting after ``paragraph (1)'' the following: ``, and the results of monitoring conducted under paragraph (2),''. (c) Report to Congress.--Section 327(h) of such title is amended to read as follows: ``(h) Report to Congress.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Jobs Through Environmental Safeguarding and Streamlining Act of 2010, and every 4 years thereafter, the Secretary shall submit to Congress, and make available to the public, a report on the results of the program. ``(2) Contents.--For each reporting period, the report shall contain, at a minimum, the following: ``(A) An assessment of whether delays were reduced and project delivery was enhanced as a result of the program. ``(B) An assessment of whether there were cost savings for States participating in the program and the Department of Transportation as a result of the program. ``(C) An assessment of whether environmental concerns were protected and considered in States participating in the program at a level consistent with nonparticipating States. ``(D) Recommendations for changes (if any) that could be made to enhance or improve the program. ``(E) An assessment of the impact and effectiveness of an environmental document quality control program of the transportation department of any State participating in the program.''. (d) Termination Date.--Section 327(i)(1) of such title is amended by striking ``date of enactment of this section'' and inserting ``date of enactment of the Jobs Through Environmental Safeguarding and Streamlining Act of 2010''. (e) Demonstration Program.--Section 327 of such title is amended by adding at the end the following: ``(j) Use of State Environmental Review Laws for Low Impact Projects.-- ``(1) Demonstration program.--Subject to the requirements of this subsection, the Secretary shall carry out a demonstration program to permit eligible States that assume responsibilities of the Secretary under subsection (a)(2) to carry out the responsibilities through the implementation of the environmental laws of the State instead of Federal environmental laws. ``(2) Limitation on state authority.-- ``(A) Limitation.--The authority of a State under the demonstration program shall be limited to conducting the Secretary's responsibilities for environmental reviews, consultation, and other requirements with respect to low impact projects. ``(B) Low impact project defined.--In this subsection, the term `low impact project' means a highway project that meets such criteria as may be established by the Secretary by regulation. ``(3) Eligible states.--The Secretary may permit a State to participate in the demonstration program only if the Secretary determines, after reviewing the environmental laws of the State, and such other materials as the Secretary may require, that-- ``(A) the environmental laws of the State provide a substantially equivalent level of environmental protection as applicable Federal laws; and ``(B) participation by the State in the demonstration program will not diminish protection of the environment. ``(4) Concurrence of other agencies.--The Secretary may permit a State to participate in the demonstration program only with the concurrence of the Council on Environmental Quality, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, the Secretary of Commerce, and the heads of other appropriate Federal environmental and natural resource agencies, as identified by the Secretary. ``(5) Audits and monitoring.--A State participating in the demonstration program shall continue to be subject to the requirements of subsection (g), including requirements relating to the public availability of audits and monitoring results. ``(6) Modification of written agreement.--The Secretary shall provide for the participation of a State in the demonstration program by modifying the written agreement entered into by the Secretary with the State under subsection (c). ``(7) Termination of state participation.--The Secretary may terminate the participation of a State in the demonstration program in accordance with the procedures specified in subsection (i)(2). ``(8) Report to congress.-- ``(A) In general.--Not later than one year after the date on which the first State is selected for participation in the demonstration program, and annually thereafter, the Secretary shall submit to Congress, and make available to the public, a report on the results of the demonstration program. ``(B) Contents.--For each reporting period, the report shall contain, at a minimum, the following: ``(i) A list identifying how many projects have been completed under the demonstration program. ``(ii) An assessment of whether delays were reduced and project delivery was enhanced as a result of the demonstration program. ``(iii) An assessment of whether there have been any adverse impacts or risks to the environment as a result of the demonstration program. ``(9) Sunset date.--The demonstration program shall terminate on the date that is 6 years after the date of enactment of this subsection.''.	Jobs Through Environmental Safeguarding and Streamlining Act of 2010 - Modifies the prohibition, under the surface transportation project delivery pilot program, against assignment to a state of the responsibility of the Secretary of Transportation (DOT) for any conformity determination under the Clean Air Act with regard to highway projects in the state. Allows the Secretary to assign a state that responsibility for an individual project. Treats any project as a highway project if the Federal Highway Administration (FHWA) is the lead agency for it. Allows the Secretary to assign a state authorities relating to the FHWA and another DOT modal administration with regard to any highway project involving such agencies. Eliminates the limitation to Alaska, California, Ohio, Oklahoma, and Texas of state participation in the program. Allows program participation by any state meeting the selection criteria. Revises requirements for the written agreement under the pilot program between the Secretary and a state governor to include agreement to carry out the Secretary's assigned responsibilities using the best available science. Limits such an agreement to a five-year renewable term. Allows the agreement to list projects excluded from the program. Prohibits the agreement from imposing on the state a limitation on the use of a project delivery method, if the limitation would not otherwise apply to the state. Treats as a project delivery method state authority to acquire rights-of-way and conduct final design work for a project with state funds on an at-risk basis before completion of the project's environmental review process. Authorizes the Secretary to monitor state compliance with an agreement, instead of conducting an audit, if the state has been participating in the program pursuant to the agreement for ten consecutive years. Requires the Secretary to commence the auditing process, however, if a state, while participating in the monitoring program, repeatedly fails to comply with all aspects of the agreement.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Haiti Economic Recovery Opportunity Act of 2002''. SEC. 2. TRADE BENEFITS TO HAITI. (a) In General.--The Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) is amended by inserting after section 213 the following new section: ``SEC. 213A. SPECIAL RULE FOR HAITI. ``(a) In General.--In addition to any other preferential treatment under this Act, in each 12-month period beginning on October 1, 2002, apparel articles described in subsection (b) that are imported directly into the customs territory of the United States from Haiti shall enter the United States free of duty, subject to the limitations described in subsections (b) and (c), if Haiti has satisfied the requirements set forth in subsection (d). ``(b) Apparel Articles Described.--Apparel articles described in this subsection are apparel articles that are wholly assembled or knit- to-shape in Haiti exclusively from any combination of fabrics, fabric components, components knit-to-shape, and yarns formed in one or more of the following countries: ``(1) The United States. ``(2) Any country that is party to a free trade agreement with the United States, on January 1, 2002. ``(3) Any country that enters into a free trade agreement with the United States subject to the provisions of title XXI of the Trade Act of 2002 (Public Law 107-210). ``(4) Any country designated as a beneficiary country under-- ``(A) section 213(b)(5)(B) of this Act; ``(B) section 506A(a)(1) of the Trade Act of 1974 (19 U.S.C. 2466a(a)(1)); or ``(C) section 204(b)(6)(B) of the Andean Trade Preference Act (19 U.S.C. 3203(b)(6)(B)). ``(5) Any country, if the fabrics or yarns are designated as not being commercially available in the United States for the purposes of NAFTA (Annex 401), the Caribbean Basin Trade Partnership Act, the African Opportunity and Growth Act, or the Andean Trade Promotion and Drug Eradication Act. ``(c) Preferential Treatment.--The preferential treatment described in subsection (a), shall be extended-- ``(1) during the 12-month period beginning on October 1, 2002, to a quantity of apparel articles that is equal to 1.5 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during the 12- month period beginning October 1, 2001; and ``(2) during the 12-month period beginning on October 1 of each succeeding year, to a quantity of apparel articles that is equal to the product of-- ``(A) the percentage applicable during the previous 12-month period plus 0.5 percent (but not over 3.5 percent); and ``(B) the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period that ends on September 30 of that year. ``(d) Eligibility Requirements.--Haiti shall be eligible for preferential treatment under this section if the President determines and certifies to Congress that Haiti-- ``(1) has established, or is making continual progress toward establishing-- ``(A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; ``(B) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law; ``(C) the elimination of barriers to United States trade and investment, including by-- ``(i) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment; ``(ii) the protection of intellectual property; and ``(iii) the resolution of bilateral trade and investment disputes; ``(D) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through microcredit or other programs; ``(E) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and ``(F) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; ``(2) does not engage in activities that undermine United States national security or foreign policy interests; and ``(3) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities.''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after October 1, 2002. (2) Retroactive application to certain entries.-- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Customs Service before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption, of any goods described in the amendment made by subsection (a)-- (A) that was made on or after October 1, 2002, and before the date of the enactment of this Act, and (B) with respect to which there would have been no duty if the amendment made by subsection (a) applied to such entry or withdrawal, shall be liquidated or reliquidated as though such amendment applied to such entry or withdrawal.	Haiti Economic Recovery Opportunity Act of 2002 - Amends the Caribbean Basin Economic Recovery Act to allow specified apparel articles that are imported directly into the customs territory of the United States from Haiti to enter free of duty if Haiti has satisfied the requirements of this Act.Declares that such articles include apparel articles that are wholly assembled or knit-to-shape in Haiti exclusively from fabric components and yarns formed in: (1) the United States; (2) a country that is party to a free trade agreement with the United States on January 1, 2002, that enters into a free trade agreement with the United States subject to trade promotion authority, or that has been designated as a beneficiary country; and (4) any country if the fabrics or yarns are designated as not being commercially available in the United States.Specifies the quantity of articles to which such preferential treatment shall extend.Declares that Haiti shall be eligible for such preferential treatment if the President determines and certifies to Congress that Haiti has met specified conditions, including: (1) establishing or making progress toward establishing a market-based economy that protects private property rights, the rule of law, the elimination of barriers to U.S. trade and investment, economic policies to reduce poverty, a system to combat corruption and bribery, and protection of internationally recognized worker rights; (2) not engaging in activities that undermine U.S. national security or foreign policy interests or gross violations of internationally recognized human rights; (3) not providing support for international terrorism; and (4) cooperating in international efforts to eliminate human rights violations and terrorist activities.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Money Laundering and Paycheck Accountability Act''. SEC. 2. BAN ON NON-FEDERAL FUNDS OF POLITICAL PARTIES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``ban on use non-federal funds of political parties ``Sec. 323. (a) Ban Described.-- ``(1) In general.--Except as otherwise provided in this section, no funds may be solicited, contributed, or expended by any political party committee for purposes of any activity influencing an election for Federal office (without regard to whether the activity involved also influences any other election) unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Examples of activities covered.--For purposes of paragraph (1), the following activities shall be considered to be examples of activities influencing an election for Federal office: ``(A) Voter registration. ``(B) Absentee ballot programs. ``(C) Get-out-the-vote programs. ``(D) Generic campaign activity. ``(E) The making or disseminating of any communication which identifies (by name, likeness, or representation) any candidate for election for Federal office. ``(b) Funds Available for Party Communications With Members.-- ``(1) In general.--Subsection (a) shall not apply with respect to funds solicited, contributed, or expended by a political party committee for communications to the extent the communications are made to members of the party, except that funds used for any communications which are both for the purpose of expressly advocating the election or defeat of a specific candidate for election to Federal office and for any other purpose shall be allocated among the candidates involved on the basis of the time and space allocated to the candidates. ``(2) Party members described.--For purposes of paragraph (1), an individual shall be considered to be a `member' of a political party if any of the following apply: ``(A) The individual is registered to vote as a member of the party. ``(B) There is a public record that the individual voted in the primary of the party during the most recent primary election. ``(C) The individual has made a contribution to the party and the contribution has been reported to the Commission (in accordance with this Act) or to a State reporting agency. ``(D) The individual has indicated in writing that the individual is a member of the party. ``(c) Funds Available for State and Local Party Volunteer and Grassroots Activities.-- ``(1) In general.--Subsection (a) shall not apply with respect to funds solicited, contributed, or expended by a political party committee for activities described in paragraph (2), except that any payments which are both for the purpose of expressly advocating the election or defeat of a specific candidate for election to Federal office and for any other purpose shall be allocated among the candidates involved on the basis of the time and space allocated to the candidates for such activities. ``(2) Activities described.--The activities described in this paragraph are as follows: ``(A) The listing of the slate of the party's candidates, including the communication of the slate to the public. ``(B) The mailing of materials for or on behalf of specific candidates by volunteers (including labeling envelopes or affixing postage or other indicia to particular pieces of mail), other than the mailing of materials to a commercial list. ``(C) Conducting a telephone bank for or on behalf of specific candidates staffed by volunteers. ``(D) The distribution of collateral materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) for or on behalf of specific candidates (whether by volunteers or otherwise). ``(d) Limit on Amount Contributed for Exempted Party-Building Activities.--No person may make contributions to a political party committee for activities described in subsection (b) or subsection (c) with respect to an election in an aggregate amount in excess of $25,000. Any amounts contributed by an individual for such activities shall be included in determining whether the individual has made contributions in excess of the aggregate annual limit on contributions provided in section 315(a)(3). ``(e) Political Party Committee Defined.--For purposes of this section, the term `political party committee' means a political committee which is a national, State, district, or local political party committee (including any subordinate committee thereof).''. SEC. 3. REQUIRING ANNUAL WRITTEN AUTHORIZATION FOR USE OF PAYROLL DEDUCTIONS FOR POLITICAL ACTIVITIES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 2, is further amended by adding at the end the following new section: ``requiring annual written authorization for use of payroll deductions for political activities ``Sec. 324. (a) Requirements for Authorization of Deduction.-- ``(1) In general.--No amounts withheld from an individual's wages or salary during a year may be used by any person receiving the withheld amounts for any political activity unless there is in effect an authorization in writing by the individual permitting the withholding of such amounts for such activities. ``(2) Period of authorization.--An authorization described in this subsection may be in effect with respect to an individual for such period as the individual may specify (subject to cancellation under paragraph (3)), except that the period may not be longer than 12 months. ``(3) Right of cancellation.--An individual with an authorization in effect under this subsection may cancel or revise the authorization at any time, and any such cancellation or revision shall apply to amounts used after the date of the cancellation or revision. ``(4) Political activity defined.--In this section, the term `political activity' means-- ``(A) attempting to influence legislation; ``(B) participating or intervening in (including the publishing or distributing of statements) any political campaign on behalf of (or in opposition to) any candidate for public office; or ``(C) influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any Federal, State, or local public office or to any office in a political party, committee, association or fund. ``(b) Information Provided by Withholding Entity.-- ``(1) In general.--Each entity withholding wages or salary from an individual with an authorization in effect under subsection (a) shall provide the individual with a statement that the individual may at any time cancel or revise the authorization in accordance with subsection (a)(3). ``(2) Timing of notice.--The entity shall provide the information described in paragraph (1) to an individual at the beginning of each calendar year occurring during the period in which the individual's authorization is in effect.''. SEC. 4. PROHIBITION OF LEADERSHIP COMMITTEES. (a) Leadership Committee Prohibition.--Section 302 of the Federal Election Campaign Act of 1971 (2 U.S.C. 432) is amended by adding at the end the following new subsection: ``(j) A candidate for Federal office or an individual holding Federal office may not establish, maintain, finance, or control a political committee, other than a principal campaign committee of the candidate or the individual.''. (b) Conforming Amendment Relating to Joint Fundraising.--Section 302(e)(3)(A) of such Act (2 U.S.C. 432(e)(3)) is amended by striking ``except that--'' and all that follows and inserting the following: ``except that the candidate for the office of President nominated by a political party may designate the national committee of such political party as a principal campaign committee, but only if that national committee maintains separate books of account with respect to its function as a principal campaign committee.''. (c) Effective Date; Transition Rule.-- (1) In general.--The amendments made by this section shall apply with respect to elections occurring in years beginning with 1999. (2) Transition rule.-- (A) In general.--Notwithstanding section 302(j) of the Federal Election Campaign Act of 1971 (as added by subsection (a)), if a political committee established, maintained, financed, or controlled by a candidate for Federal office or an individual holding Federal office (other than a principal campaign committee of the candidate or individual) with respect to an election occurring during 1998 has funds remaining unexpended after the 1998 general election, the committee may make contributions or expenditures of such funds with respect to elections occurring during 1999 or 2000. (B) Disbanding committees; treatment of remaining funds.--Any political committee described in subparagraph (A) shall be disbanded after filing any post-election reports required under section 304 of the Federal Election Campaign Act of 1971 with respect to the 2000 general election. Any funds of such a committee which remain unexpended after the 2000 general election and before the date on which the committee disbands shall be returned to contributors or available for any lawful purpose other than use by the candidate or individual involved with respect to an election for Federal office. SEC. 5. REQUIRING REPORTING WITHIN 24 HOURS OF ALL CONTRIBUTIONS RECEIVED WITHIN 20 DAYS OF ELECTION. (a) In General.--Section 304(a)(6)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(6)(A)) 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 20th 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 and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution.''. (b) Availability of Information on Internet.--Section 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is amended by adding at the end the following new subparagraph: ``(C)(i) The Commission shall make the information contained in the reports submitted under this paragraph 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. ``(ii) In this subparagraph, the term `Internet' means the international computer network of both Federal and non-Federal interoperable packet-switched data networks.''. SEC. 6. EFFECTIVE DATE. Except where otherwise provided, the amendments made by this Act shall apply with respect to elections occurring after December 1998.	Anti-Money Laundering and Paycheck Accountability Act - Amends the Federal Election Campaign Act of 1971 (FECA) to: (1) ban the use of non-Federal funds by political parties for specified activities, unless the funds are subject to FECA (with exceptions); and (2) limit the amount a person may contribute to a political party for excepted party-building activities. Requires annual written authorization permitting the withholding of an individual's wages or salary to be used by any person receiving the withheld amounts for political activities. Prohibits a candidate for Federal office or a Federal officeholder from establishing, maintaining, financing, or controlling a leadership committee. Revises requirements for notification by the candidate's principal campaign committee of large contributions to require each political committee to report within 24 hours all contributions received by the committee within 20 days of an election. Directs the Federal Election Commission to make the information contained in the reports submitted available on the Internet and publicly available at Commission offices within 24 hours after the information is received by the Commission.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Commission to Study the Culture and Glorification of Violence in America Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Violence in the United States may be fueled by interrelated factors such as the media, psychological stress, the role of the school system, gun regulations, and economic characteristics. (2) According to the Department of Justice, there were as many as 1,823,400 serious violent crimes and 419,640 firearm- related incidents in 2005. (3) Teens and young adults experience the highest rates of violent crime. (4) In 2005, approximately 28 percent of public and private school students ages 12-18 reported that they had been bullied at school within the previous 6 months. (5) According to the Department of Justice, the incarceration rate has continuously increased since the 1980s, and prisoners convicted of a violent offense make up over half of the national prison population. (6) According to the Department of Justice, the Federal Government spent $35,400,000,000 on criminal justice in 2005, while local governments spent $103,700,000,000. (7) According to several studies from the American Journal of Economics and Sociology, economic frustration motivates criminal behaviors and inhibits communal deterrence capacities. (8) According to the Department of Labor, the number of unemployed persons has increased from 7,000,000 in June 2007 to 8,500,000 in June 2008. Unemployed workers are more likely to be teenagers, young adults, and African Americans. (9) According to a study from the American Academy of Pediatrics (AAP), prolonged exposure to violence in the media can increase acceptance of violence as an appropriate means of solving problems, can glamorize weapons as sources of personal power, and can contribute to aggressive behavior. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the Presidential Commission to Study the Culture and Glorification of Violence in America (hereinafter the ``Commission''). SEC. 4. DUTIES OF COMMISSION. The Commission shall-- (1) examine the glorification of violence in the United States; (2) examine the relationship between psychological factors and increased violence; (3) examine the role of the media in the violent atmosphere prevalent today; (4) examine the correlation, if any, between economic frustration and increased violence; (5) examine the correlation, if any, between ease of access to firearms and increased violence; (6) examine the role of the school system in preventing violent behaviors and identifying potential perpetrators of violence; and (7) make findings and conclusions and recommend potential solutions (including recommendations for legislation and administrative action) to alleviate the problems related to the glorification of violence in the United States. SEC. 5. MEMBERSHIP OF COMMISSION. (a) Number and Appointment.--The Commission shall be composed of 16 members (hereinafter the ``members'') who shall be appointed as follows: (1) 8 members appointed by the President. (2) 2 members appointed by the majority leader of the House of Representatives. (3) 2 members appointed by the minority leader of the House of Representatives. (4) 2 members appointed by the majority leader of the Senate. (5) 2 members appointed by the minority leader of the Senate. (b) Qualifications.-- (1) In general.--Members shall have special knowledge of or experience in the issue of violence in America, and may include sociologists, psychologists, clergy, school counselors, law enforcement officials, victims of violence, and representatives from the media and the entertainment and gun industries. (2) Political affiliation.--Political affiliation shall not be a determining factor in the appointment of members. (c) Deadline for Appointment.--Every original member shall be appointed to the Commission not later than 90 days after the date of the enactment of this Act. (d) Terms and Vacancies.--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. (e) Basic Pay.--Members shall not be paid by reason of their service as members. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (g) Quorum.--Eight members shall constitute a quorum for conducting the business of the Commission, but a lesser number may hold hearings. (h) Chairperson.--The members shall elect one member to act as the Chairperson of the Commission (hereinafter the ``Chairperson''). (i) Meetings.--The Commission shall meet at the call of the Chairperson. SEC. 6. STAFF OF COMMISSION. (a) Staff.--The Chairperson may appoint and fix the pay of the Commission personnel as the Chairperson considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (c) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of the department or agency to assist the Commission in carrying out the duties of the Commission. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate to carry out this Act. (b) Powers of Members and Agents.--The Commission may delegate to a member or agency any authority of the Commission under subsection (c) or (e). (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out this Act. Upon request of the Chairperson, the head of the department or agency shall furnish the information to the Commission. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties. (e) Contract Authority.--The Commission may contract with and compensate Government or private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 8. REPORT OF COMMISSION. The Commission shall transmit a report to the President and the Congress not later than one year after the date that all original members have been appointed to the Commission. The report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission. SEC. 9. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after submitting the report required by section 7. SEC. 10. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriations Acts.	Presidential Commission to Study the Culture and Glorification of Violence in America Act - Establishes the Presidential Commission to Study the Culture and Glorification of Violence in America. Sets forth the duties of such Commission, including an examination of: (1) the glorification of violence in the United States; (2) the relationship between psychological factors and increased violence; (3) the role of media; (4) the correlation between economic frustration and increased violence; (5) the correlation between ease of access to firearms and increased violence; and (6) the role of the schools in preventing violent behaviors and identifying potential perpetrators of violence.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Psychiatric Hospital Prospective Payment System Act of 1999''. SEC. 2. MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC FACILITIES. (a) Establishment of Prospective Payment System.--Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following: ``(l) Prospective Payment System for Inpatient Psychiatric Services.-- ``(1) Amount of payment.-- ``(A) During transition period.--Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility (as defined in paragraph (7)(C)) for each day of services furnished in a cost reporting period beginning on or after October 1, 2000, and before October 1, 2003, is equal to the sum of-- ``(i) the TEFRA percentage (as defined in paragraph (7)(D)) of the facility-specific per diem rate (determined under paragraph (2)); and ``(ii) the PPS percentage (as defined in paragraph (7)(B)) of the applicable Federal per diem rate (determined under paragraph (3)). ``(B) Under fully implemented system.-- Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility for each day of services furnished in a cost reporting period beginning on or after October 1, 2003, is equal to the applicable Federal per diem rate determined under paragraph (3) for the facility for the fiscal year in which the day of services occurs. ``(C) New facilities.--In the case of a psychiatric facility that does not have a base fiscal year (as defined in paragraph (7)(A)), payment for the operating and capital-related costs of inpatient hospital services shall be made under this subsection using the applicable Federal per diem rate. ``(2) Determination of facility-specific per diem rates.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period after the cost reporting period beginning in the base fiscal year and before October 1, 2003, by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(3) Determination of federal per diem rate.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating to first fiscal year.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period up to the first cost reporting period to which this subsection applies by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(C) Computation of standardized per diem rate.-- The Secretary shall standardize the amount determined under subparagraph (B) for each facility by-- ``(i) adjusting for variations among facilities by area in the average facility wage level per diem; and ``(ii) adjusting for variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)). ``(D) Computation of weighted average per diem rates.-- ``(i) Separate rates for urban and rural areas.--Based on the standardized amounts determined under subparagraph (C) for each facility, the Secretary shall compute a separate weighted average per diem rate-- ``(I) for all psychiatric facilities located in an urban area (as defined in subsection (d)(2)(D)); and ``(II) for all psychiatric facilities located in a rural area (as defined in subsection (d)(2)(D)). ``(ii) For hospitals and units.--In the areas referred to in clause (i), the Secretary may compute a separate weighted average per diem rate for-- ``(I) psychiatric hospitals; and ``(II) psychiatric units described in the matter following clause (v) of subsection (d)(1)(B). If the Secretary establishes separate average weighted per diem rates under this clause, the Secretary shall also establish separate average per diem rates for psychiatric facilities in such categories that are owned and operated by an agency or instrumentality of Federal, State, or local government and for psychiatric facilities other than such facilities. ``(iii) Weighted average.--In computing the weighted averages under clauses (i) and (ii), the standardized per diem amount for each facility shall be weighted for each facility by the number of days of inpatient hospital services furnished during its cost reporting period beginning in the base fiscal year. ``(E) Updating.--The weighted average per diem rates determined under subparagraph (D) shall be updated for each fiscal year after the first fiscal year to which this subsection applies by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(F) Determination of Federal per diem rate.-- ``(i) In general.--The Secretary shall compute for each psychiatric facility for each fiscal year (beginning with fiscal year 2001) a Federal per diem rate equal to the applicable weighted average per diem rate determined under subparagraph (E), adjusted for-- ``(I) variations among facilities by area in the average facility wage level per diem; ``(II) variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)); and ``(III) variations among facilities in the proportion of low-income patients served by the facility. ``(ii) Other adjustments.--In computing Federal per diem rates under this subparagraph, the Secretary may adjust for outlier cases, the indirect costs of medical education, and such other factors as the Secretary determines to be appropriate. ``(iii) Budget neutrality.--The adjustments specified in clauses (i)(I), (i)(III), and (ii) shall be implemented in a manner that does not result in aggregate payments under this subsection that are greater or less than those aggregate payments that otherwise would have been made if such adjustments did not apply. ``(4) Establishment of patient classification system.-- ``(A) In general.--The Secretary shall establish-- ``(i) classes of patients of psychiatric facilities (in this paragraph referred to as `case mix groups'), based on such factors as the Secretary determines to be appropriate; and ``(ii) a method of classifying specific patients in psychiatric facilities within these groups. ``(B) Weighting factors.--For each case mix group, the Secretary shall assign an appropriate weighting factor that reflects the relative facility resources used with respect to patients classified within that group compared to patients classified within other such groups. ``(5) Data collection; utilization monitoring.-- ``(A) Data collection.--The Secretary may require psychiatric facilities to submit such data as is necessary to implement the system established under this subsection. ``(B) Utilization monitoring.--The Secretary shall monitor changes in the utilization of inpatient hospital services furnished by psychiatric facilities under the system established under this subsection and report to the appropriate committees of Congress on such changes, together with recommendations for legislation (if any) that is needed to address unwarranted changes in such utilization. ``(6) Special adjustments.--Notwithstanding the preceding provisions of this subsection, the Secretary shall reduce aggregate payment amounts that would otherwise be payable under this subsection for inpatient hospital services furnished by a psychiatric facility during cost reporting periods beginning in fiscal years 2001 and 2002 by such uniform percentage as is necessary to assure that payments under this subsection for such cost reporting periods are reduced by an amount that is equal to the sum of-- ``(A) the aggregate increase in payments under this title during fiscal years 1999 and 2000, that is attributable to the operation of subsection (b)(8); and ``(B) the aggregate increase in payments under this title during fiscal years 2001 and 2002 that is attributable to the application of the market basket percentage increase under paragraphs (2)(B) and (3)(E) of this subsection in lieu of the provisions of subclauses (VI) and (VII) of subsection (b)(3)(B)(ii). Reductions under this paragraph shall not affect computation of the amounts payable under this subsection for cost reporting periods beginning in fiscal years after fiscal year 2002. ``(7) Definitions.--For purposes of this subsection: ``(A) The term `base fiscal year' means, with respect to a hospital, the most recent fiscal year ending before the date of enactment of this subsection for which audited cost report data are available. ``(B) The term `PPS percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 25 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 75 percent. ``(C) The term `psychiatric facility' means-- ``(i) a psychiatric hospital; and ``(ii) a psychiatric unit described in the matter following clause (v) of subsection (d)(1)(B). ``(D) The term `TEFRA percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 75 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 25 percent.''. (b) Limit on Reductions Under Balanced Budget Act.--Section 1886(b) of the Social Security Act (42 U.S.C. 1395ww(b)) is amended by adding at the end the following: ``(8) Notwithstanding the amendments made by sections 4411, 4414, 4415, and 4416 of the Balanced Budget Act of 1997, in the case of a psychiatric facility (as described in subsection (l)(7(C)(ii)), the amount of payment for the operating costs of inpatient hospital services for cost reporting periods beginning on or after October 1, 1998, and before October 1, 2000, shall not be less than 95 percent of the amount that would have been paid for such costs if such amendments did not apply. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply as if included in the enactment of the Balanced Budget Act of 1997.	Provides that the amendments made by this Act shall apply as if included in the enactment of BBA '97.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Safety Lock Act of 2003''. SEC. 2. FINDINGS. The Congress finds that-- (1) according to statistics from the Centers for Disease Control, more than 5,000 innocent children have lost their lives due to unintentional deaths related to firearms; (2) between 1983 and 1994, 5,523 males ranging in ages from 1 to 19, were killed by the unintentional discharge of a firearm; (3) a Federal study found that ignorance and carelessness are the major causes of firearms accidents; (4) 84 percent of firearms accidents involved people who did not follow basic safety rules; and (5) to help reduce the number of firearms accidents, it is critical to practice and enforce firearms safety rules. TITLE I--CRIMINAL PROVISIONS SEC. 101. HANDGUN SAFETY. (a) Definition of Locking Device.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) The term `locking device' means-- ``(A) a device which, if installed on a firearm and secured by means of a key or a mechanically, electronically, or electromechanically operated combination lock, prevents the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically, or electromechanically operated combination lock; or ``(B) a locking mechanism incorporated into the design of a firearm which prevents discharge of the firearm by any person who does not have access to the key or other device designed to unlock the mechanism and thereby allow discharge of the firearm.''. (b) Unlawful Acts.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: ``(z) Locking Devices and Warnings.-- ``(1) In general.--Except as provided in paragraph (2), beginning 90 days after the date of the enactment of this subsection, it shall be unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer a handgun to any person, unless-- ``(A) the transferee is provided with a locking device for that handgun; and ``(B) the handgun is accompanied by the following warning, which shall appear in conspicuous and legible type in capital letters, and which shall be printed on a label affixed to the handgun and on a separate sheet of paper included in the packaging enclosing the handgun: ```THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. HANDGUNS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE TO CHILDREN. `FAILURE TO PROPERLY LOCK AND STORE YOUR HANDGUN MAY RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW. FEDERAL LAW PROHIBITS THE POSSESSION OF A HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.'. ``(2) Exceptions.--Paragraph (1) shall not apply to the sale, delivery, or transfer of a handgun to-- ``(A) the United States or a department or agency of the United States, or a State or a department, agency, or political subdivision of a State; ``(B) a law enforcement officer (whether on or off- duty) who is employed by an entity referred to in subparagraph (A), for law enforcement purposes; or ``(C) a rail police officer (whether on or off- duty) who is employed by a rail carrier and is certified or commissioned as a police officer under the laws of a State, for law enforcement purposes.''. (c) Civil Penalties.--Section 924 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking ``this subsection, subsection (b) or (c) of this section,'' and inserting ``this section''; and (2) by adding at the end the following: ``(p) Penalties Relating to Locking Devices and Warnings.-- ``(1) In general.-- ``(A) Suspension or revocation of license; civil penalties.--With respect to each violation of section 922(z)(1) by a licensee, the Attorney General may, after notice and opportunity for hearing-- ``(i) suspend or revoke any license issued to the licensee under this chapter; or ``(ii) impose a civil penalty on the licensee in an amount that is not more than $10,000. ``(B) Review.--An action of the Attorney General under this paragraph may be reviewed only as provided in section 923(f). ``(2) Administrative remedies.--The taking of an action under paragraph (1) with respect to conduct of a licensee shall not affect the availability of any other administrative authority with respect to the conduct.''. TITLE II--REGULATORY PROVISIONS SEC. 201. REGULATION OF TRIGGER LOCK DEVICES. (a) General Authority.--The Attorney General shall prescribe such regulations governing the design, manufacture, and performance of trigger lock devices, as are necessary to reduce or prevent the unintentional discharge of handguns. (b) Minimum Safety Standard.--The regulations required by subsection (a) shall, at a minimum, set forth a minimum safety standard that trigger lock devices must meet in order to be manufactured, sold, transferred, or delivered consistent with this title. In developing the standard, the Attorney General shall give appropriate consideration to trigger lock devices that are not detachable, but are permanently installed and incorporated into the design of a handgun. The standard shall include provisions to ensure that any trigger lock device that meets the standard is of adequate quality and construction to prevent children who have not attained 18 years of age from operating a handgun, and to ensure that such a product cannot be removed from a handgun except through the use of a key, combination, or other method of access provided in the design specifications of the manufacturer of the device. (c) Deadline for Issuance of Standard.--Within 12 months after the date of the enactment of this title, the Attorney General shall issue in final form the standard required by subsection (b). (d) Effective Date of Standard.--The standard issued under subsection (b) shall take effect 6 months after the date of issuance. SEC. 202. ORDERS; INSPECTIONS. (a) In General.--The Attorney General may issue an order prohibiting the manufacture, sale, transfer, or delivery of a trigger lock device which the Attorney General finds has been designed, or has been or is intended to be manufactured, transferred, or distributed in violation of this title or a regulation prescribed under this title. (b) Authority To Require the Recall, Repair, or Replacement of, or the Provision of Refunds.--The Attorney General may issue an order requiring the manufacturer of, and any dealer in, a trigger lock device which the Attorney General finds has been designed, manufactured, transferred, or delivered in violation of this title or a regulation prescribed under this title, to-- (1) provide notice of the risks associated with the device, and of how to avoid or reduce the risks, to-- (A) the public; (B) in the case of the manufacturer of the device, each dealer in the device; and (C) in the case of a dealer in the device, the manufacturer of the device and the other persons known to the dealer as dealers in the device; (2) bring the device into conformity with the regulations prescribed under this title; (3) repair the device; (4) replace the device with a like or equivalent device which is in compliance with such regulations; (5) refund the purchase price of the device, or, if the device is more than 1 year old, a lesser amount based on the value of the device after reasonable use; (6) recall the device from the stream of commerce; or (7) submit to the Attorney General a satisfactory plan for implementation of any action required under this subsection. (c) Inspections.--In order to ascertain compliance with this title and the regulations and orders issued under this title, the Attorney General may, at reasonable times-- (1) enter any place in which trigger lock devices are manufactured, stored, or held, for distribution in commerce, and inspect those areas where the devices are manufactured, stored, or held; and (2) enter and inspect any conveyance being used to transport for commercial purposes a trigger lock device. SEC. 203. ENFORCEMENT. (a) Civil Penalties.--The Attorney General may assess a civil money penalty not to exceed $10,000 for each violation of this title. (b) Revocation of Federal Firearms License.--Section 923(e) of title 18, United States Code, is amended by inserting after the 2nd sentence the following: ``The Attorney General may, after notice and opportunity for hearing, revoke any license issued under this section if the holder of the license violates any provision of title II of the Child Safety Lock and Community Protection Act of 2003 or any rule or regulation prescribed under such title.''. (c) Criminal Penalties.--Any person who has received from the Attorney General a notice that the person has violated a provision of this title or of a regulation prescribed under this title with respect to a trigger lock device, and who subsequently knowingly violates such provision with respect to the device shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. SEC. 204. NO EFFECT ON STATE LAW. This title does not annul, alter, impair, or affect, or exempt any person subject to the provisions of this title from complying with, any provision of the law of any State or any political subdivision thereof, except to the extent that such provisions of State law are inconsistent with any provision of this title, and then only to the extent of the inconsistency. A provision of State law is not inconsistent with this title if such provision affords greater protection in respect of trigger lock devices than is afforded by this title. SEC. 205. DEFINITIONS. In this title: (1) The term ``trigger lock device'' means any device that is designed, manufactured, or represented in commerce, as a means of preventing the unintentional discharge of a handgun. (2) The terms ``licensed importer'', ``licensed manufacturer'', ``licensed dealer'', ``Attorney General'', and ``handgun'' have the meanings given in paragraphs (9), (10), (11), (18), and (29), respectively, of section 921(a) of title 18, United States Code. TITLE III--EDUCATION PROVISIONS SEC. 301. PORTION OF FIREARMS TAX REVENUE TO BE USED FOR PUBLIC EDUCATION ON SAFE STORAGE OF FIREARMS. (a) In General.--Notwithstanding any other provision of law, an amount equal to 2 percent of the net revenues received in the Treasury from the tax imposed by section 4181 of the Internal Revenue Code of 1986 (relating to firearms) for each of the first 5 fiscal years beginning after the date of the enactment of this Act shall be available, as provided in appropriation Acts, to the Secretary of the Treasury to carry out public education programs on the safe storage and use of firearms. Amounts otherwise transferred or made available for any other purpose by reason of such tax shall be reduced by the amounts made available to such Secretary under the preceding sentence. (b) Net Revenues.--For purposes of subsection (a), the term ``net revenues'' means, with respect to the tax imposed by such section 4181, the amount estimated by the Secretary of the Treasury based on the excess of-- (1) the taxes received in the Treasury under such section, over (2) the decrease in the tax imposed by chapter 1 of such Code resulting from such tax.	Child Safety Lock Act of 2003 - Amends the Brady Handgun Violence Prevention Act to define a firearm "locking device." Makes it unlawful for a licensed manufacturer, importer, or dealer to sell, deliver, or transfer a handgun without a locking device and specified warnings to any person other than a licensed manufacturer, importer, or dealer, with exceptions for law enforcement officers and governmental entities. Sets forth civil penalties, including suspension or loss of license, for related violations.Directs the Attorney General to: (1) prescribe such regulations governing the design, manufacture, and performance of trigger lock devices as are necessary to reduce or prevent the unintentional discharge of handguns, including setting a minimum safety standard to prevent children who have not attained age 18 from operating a handgun; and (2) in developing the standard, to consider such devices that are not detachable.Authorizes the Attorney General to issue an order prohibiting the manufacture, sale, transfer, or delivery of a trigger lock device which the Attorney General finds has been designed, manufactured, transferred, or distributed in violation of this Act. Grants the Attorney General specified authority regarding: (1) recall, repair, replacement, or refund with respect to such devices; and (2) inspections.Authorizes the Attorney General to: (1) assess a civil penalty of up to $10,000 per violation; and (2) revoke a Federal firearms license for a violation of this Act. Imposes criminal penalties for knowingly violating this Act.Directs that a portion of firearms tax revenue be used for public education programs on the safe storage and use of firearms.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Long-Term Care Patient Safety and Improvement Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of long-term care hospital. Sec. 3. Implementation of facility and patient criteria. Sec. 4. Establishment of rehabilitation units within certain long-term care hospitals. Sec. 5. Expanded review of medical necessity. Sec. 6. Limited, qualified moratorium of long-term care hospitals. Sec. 7. No application of 25 percent patient threshold payment adjustment to freestanding and grandfathered LTCHS. Sec. 8. Payment for hospitals-within-hospitals. Sec. 9. No application of very short-stay outlier policy. Sec. 10. No application of one time adjustment to standard amount. Sec. 11. Long-term care hospital quality improvement initiative. SEC. 2. DEFINITION OF LONG-TERM CARE HOSPITAL. (a) Definition.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Long-Term Care Hospital ``(ccc) The term `long-term care hospital' means an institution which-- ``(1) is primarily engaged in providing inpatient services, by or under the supervision of a physician, to Medicare beneficiaries whose medically complex conditions require a long hospital stay and programs of care provided by a long-term care hospital; ``(2) has an average inpatient length of stay (as determined by the Secretary) for Medicare beneficiaries of greater than 25 days, or as otherwise defined in section 1886(d)(1)(B)(iv); ``(3) satisfies the requirements of subsection (e); ``(4) meets the following facility criteria: ``(A) the institution has a patient review process, documented in the patient medical record, that screens patients prior to admission, validates within 48 hours of admission that patients meet admission criteria, regularly evaluates patients throughout their stay, and assesses the available discharge options when patients no longer meet the continued stay criteria; ``(B) the institution has active physician involvement with patients during their treatment through an organized medical staff, physician-directed treatment with physician on-site availability on a daily basis to review patient progress, and consulting physicians on call and capable of being at the patient's side within a moderate period of time, as determined by the Secretary; ``(C) the institution has interdisciplinary team treatment for patients, requiring interdisciplinary teams of health care professionals, including physicians, to prepare and carry out an individualized treatment plan for each patient; and ``(5) meets patient criteria relating to patient mix and severity appropriate to the medically complex cases that long- term care hospitals are designed to treat, as measured under section 1886(m).''. (b) New Patient Criteria for Long-Term Care Hospital Prospective Payment.--Section 1886 of such Act (42 U.S.C. 1395ww) is amended by adding at the end the following new subsection: ``(m) Patient Criteria for Prospective Payment to Long-Term Care Hospitals.-- ``(1) In general.--To be eligible for prospective payment under this section as a long-term care hospital, a long-term care hospital must admit not less than a majority of patients who have a high level of severity and who are assigned to one or more of the following major diagnostic categories: ``(A) Circulatory diagnoses. ``(B) Digestive, endocrine, and metabolic diagnoses. ``(C) Infection disease diagnoses. ``(D) Neurological diagnoses. ``(E) Renal diagnoses. ``(F) Respiratory diagnoses. ``(G) Skin diagnoses. ``(H) Other major diagnostic categories as selected by the Secretary. ``(2) Major diagnostic category defined.--In paragraph (1), the term `major diagnostic category' means the medical categories formed by dividing all possible principle diagnosis into mutually exclusive diagnosis areas which are referred to in 67 Federal Register 49,985 (August 1, 2002).''. (c) Establishment of Rehabilitation Units Within Certain Long-Term Care Hospitals.--If the Secretary of Health and Human Services does not include rehabilitation services within a major diagnostic category under section 1886(m)(2) of the Social Security Act, as added by subsection (b), the Secretary shall approve for purposes of title XVIII of such Act distinct part inpatient rehabilitation hospital units in long-term care hospitals consistent with the following: (1) A hospital that, on or before October 1, 2004, was classified by the Secretary as a long-term care hospital, as described in section 1886(d)(1)(B)(iv)(I) of such Act (42 U.S.C. 1395ww(d)(1)(V)(iv)(I)), and was accredited by the Commission on Accreditation of Rehabilitation Facilities, may establish a hospital rehabilitation unit that is a distinct part of the long-term care hospital, if the distinct part meets the requirements (including conditions of participation) that would otherwise apply to a distinct-part rehabilitation unit if the distinct part were established by a subsection (d) hospital in accordance with the matter following clause (v) of section 1886(d)(1)(B) of such Act, including any regulations adopted by the Secretary in accordance with this section, except that the one-year waiting period described in section 412.30(c) of title 42, Code of Federal Regulations, applicable to the conversion of hospital beds into a distinct-part rehabilitation unit shall not apply to such units. (2) Services provided in inpatient rehabilitation units established under paragraph (1) shall not be reimbursed as long-term care hospital services under section 1886 of such Act and shall be subject to payment policies established by the Secretary to reimburse services provided by inpatient hospital rehabilitation units. (d) Effective Date.--The amendments made by subsections (a) and (b), and subsection (c), shall apply to discharges occurring on or after January 1, 2008. SEC. 3. IMPLEMENTATION OF FACILITY AND PATIENT CRITERIA. (a) Report.--No later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall submit to the appropriate committees of Congress a report containing recommendations regarding the promulgation of the national long-term care hospital facility and patient criteria for application under paragraphs (4) and (5) of section 1861(ccc) and section 1886(m) of the Social Security Act, as added by section 2. In the report, the Secretary shall consider recommendations contained in a report to Congress by the Medicare Payment Advisory Commission in June 2004 for long-term care hospital- specific facility and patient criteria to ensure that patients admitted to long-term care hospitals are medically complex and appropriate to receive long-term care hospital services. (b) Implementation.--No later than 1 year after the date of submittal of the report under subsection (a), the Secretary shall, after rulemaking, implement the national long-term care hospital facility and patient criteria referred to in such subsection. Such long-term care hospital facility and patient criteria shall be used to screen patients in determining the medical necessity and appropriateness of a Medicare beneficiary's admission to, continued stay at, and discharge from, long-term care hospitals under the Medicare program and shall take into account the medical judgment of the patient's physician, as provided for under sections 1814(a)(3) and 1835(a)(2)(B) of the Social Security Act (42 U.S.C. 1395f(a)(3), 1395n(a)(2)(B)). SEC. 4. EXPANDED REVIEW OF MEDICAL NECESSITY. (a) Expanded Duties of QIOs.--Section 1154(a) of the Social Security Act (42 U.S.C. 1320c-3(a)) is amended by adding at the end the following new paragraph: ``(18)(A) The organization shall review the medical necessity of admissions to long-term care hospitals (described in section 1886(d)(1)(B)(iv)(I)) and continued stay at such hospitals, of individuals entitled to, or enrolled for, benefits under part A of title XVIII, on a hospital-specific basis. ``(B) The medical necessity reviews under subparagraph (A) shall be conducted for each such long-term care hospital on an annual basis in accordance with rules (including a sample methodology) specified by the Secretary. Such sample methodology shall-- ``(i) provide for a statistically valid and representative sample of admissions of such individuals sufficient to provide results at a 95 percent confidence interval; and ``(ii) guarantee that no less than 65 percent of overpayments received by long-term care hospitals for medically unnecessary admissions and continued stays of individuals in long-term care hospitals will be identified and recovered and that related days of care will not be counted toward the length of stay requirement contained in section 1886(d)(i)(B)(iv)(I). ``(C) The Secretary shall establish a denial rate with respect to such reviews that, if exceeded, could require further review of the medical necessity of admissions and continued stay in the hospital involved. ``(D)(i) Subject to clause (iii), the previous provisions of this paragraph shall cease to apply as of the date specified in clause (ii). ``(ii) The date specified in this clause is the later of January 1, 2013, or the date of implementation of national long-term care hospital facility and patient criteria under section 3 of the Medicare Long-Term Care Patient Safety and Improvement Act of 2007. ``(iii) As of the date specified in clause (ii), the Secretary shall determine whether to continue to guarantee, through continued medical review and sampling under this paragraph, recovery of no less than 65 percent of overpayments received by long-term care hospitals due to medically unnecessary admissions and continued stays.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to discharges occurring on or after October 1, 2007. SEC. 5. LIMITED, QUALIFIED MORATORIUM OF LONG-TERM CARE HOSPITALS. (a) In General.--Subject to subsection (b), the Secretary shall impose a temporary moratorium on the certification of new long-term care hospitals (and satellite facilities) for purposes of the Medicare program under title XVIII of the Social Security Act. The moratorium shall terminate at the end of the 3-year period beginning on the date of the enactment of this Act. (b) Exceptions.-- (1) In general.--The moratorium under subsection (a) shall not apply-- (A) to a long-term care hospital or satellite facility that is under development as of the date of the enactment of this Act; or (B) to a long-term care hospital in an area in which there is not a long-term care hospital, if the Secretary determines it to be in the best interest to provide access to long-term care hospital services to Medicare beneficiaries residing in such area. There shall be no administrative or judicial review from a decision of the Secretary under this paragraph. Where there is no long-term care hospital in a rural area or metropolitan statistical area, the Secretary shall provide a presumption that the establishment of a new long-term care hospital is in the best interest of Medicare program beneficiaries. (2) ``Under development'' defined.--For purposes of paragraph (1)(A), a long-term care hospital or satellite facility is considered to be ``under development'' as of a date if any of the following have occurred on or before such date: (A) All or substantially all funding has been committed or received for development of the hospital or facility. (B) Zoning requirements have been met for the construction of the hospital or facility. (C) Necessary approvals from appropriate State agencies have been received for the operation of the hospital or facility. (D) The hospital documents that it is within a 6- month long-term care hospital demonstration period required by section 412.23(e)(1)-(3) of title 42, Code of Federal Regulations, to demonstrate that it has a greater than 25 day average length of stay. (E) There is other evidence presented that the Secretary determines would indicate that the hospital or satellite is under development. SEC. 6. NO APPLICATION OF 25 PERCENT PATIENT THRESHOLD PAYMENT ADJUSTMENT TO FREESTANDING AND GRANDFATHERED LTCHS. The Secretary shall not apply section 412.536 of title 42, Code of Federal Regulations, or any similar provision, to freestanding long- term care hospitals and the Secretary shall not apply such section or section 412.534 of title 42, Code of Federal Regulations, or any similar provisions, to a long-term care hospital identified by section 4417(a) of the Balanced Budget Act of 1997 (Public Law 105-33). A long- term care hospital identified by such section 4417(a) shall be deemed to be a freestanding long-term care hospital for the purpose of this section. Section 412.536 of title 42, Code of Federal Regulations, shall be void and of no effect. SEC. 7. PAYMENT FOR HOSPITALS-WITHIN-HOSPITALS. (a) In General.--Payments to an applicable long-term care hospital or satellite facility which is located in a rural area or which is co- located with an urban single or MSA dominant hospital under paragraphs (d)(1), (e)(1), and (e)(4) of section 412.534 of title 42, Code of Federal Regulations, shall not be subject to any payment adjustment under such section if no more than 75 percent of the hospital's Medicare discharges (other than discharges described in paragraphs (d)(2) or (e)(3) of such section) are admitted from a co-located hospital. (b) Co-Located Long-Term Care Hospitals and Satellite Facilities.-- (1) In general.--Payment to an applicable long-term care hospital or satellite facility which is co-located with another hospital shall not be subject to any payment adjustment under section 412.534 of title 42, Code of Federal Regulations, if no more than 50 percent of the hospital's Medicare discharges (other than discharges described in section 412.534(c)(3) of such title) are admitted from a collocated hospital. (2) Applicable long-term care hospital or satellite facility defined.--In this section, the term ``applicable long- term care hospital or satellite facility'' means a hospital or satellite facility that is subject to the transition rules under section 412.534(g) of title 42, Code of Federal Regulations. (c) Effective Date.--Subsections (a) and (b) shall apply to discharges occurring on or after October 1, 2007. SEC. 8. NO APPLICATION OF VERY SHORT-STAY OUTLIER POLICY. The Secretary shall not apply amendments proposed on May 11, 2007 (72 Federal Register 26870) to be made to the short-stay outlier payment provision for long-term care hospitals contained in section 412.529(c)(3)(i) of title 42, Code of Federal Regulations, or any similar provision. SEC. 9. NO APPLICATION OF ONE TIME ADJUSTMENT TO STANDARD AMOUNT. The Secretary shall not make the one-time prospective adjustment to long-term care hospital prospective payment rates provided for in section 412.523(d)(3) of title 42, Code of Federal Regulations, or any similar provision. SEC. 10. LONG-TERM CARE HOSPITAL QUALITY IMPROVEMENT INITIATIVE. (a) Study To Establish Quality Measures.-- (1) In general.--The Secretary shall conduct a study (in this section referred to as the ``study'') to determine appropriate quality measures for Medicare patients receiving care in long-term care hospitals. (2) Report.--By not later than July 1, 2008, the Secretary shall submit to Congress a report on the results of the study under paragraph (1). (b) Selection of Quality Measures.-- (1) In general.--After completion of the study under subsection (a), subject to paragraph (2), the Secretary shall choose 3 quality measures recommended in the study to be reported by long-term care hospitals. (2) Expansion of quality measures.--The Secretary may expand the number of quality measures required to be reported by long-term care hospitals beyond those chosen under paragraph (1). If the Secretary adds additional measures, the measures shall reflect a consensus among the affected parties. The Secretary may replace any measures in appropriate cases, such as where all hospitals are effectively in compliance or where measures have been shown not to represent the best clinical practice. (c) Requirement for Submission of Data.-- (1) In general.--Long-term care hospitals must collect data on the three quality measures chosen under subsection (b) and submit all required quality data to the Secretary. (2) Failure to submit data.--Any long-term care hospital which does not submit the required quality data to the Secretary in any fiscal year shall have the applicable percentage increase applicable to such long-term care hospital under section 1886(b)(3)(B)(ii)) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(ii)) reduced by not more than 0.4 percentage points. (d) Availability of Data to Public.--The Secretary shall establish procedures for making the quality data submitted under this section available to the public.	Medicare Long-Term Care Patient Safety and Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to define "long-term care hospital" and establish new patient criteria for long-term care hospital prospective payments. Requires the Secretary of Health and Human Services to approve under Medicare distinct part inpatient rehabilitation hospital units in long-term care hospitals, if rehabilitation services are not included within a major diagnostic category. Directs the Secretary to: (1) report to the appropriate congressional committees recommendations on the promulgation of national long-term care hospital facility and patient criteria; and (2), after rulemaking, implement them. Amends SSA title XI to require a peer review organization to review on a hospital-specific basis the medical necessity of admissions to, and continued stay at, long-term care hospitals of Medicare part A (Hospital Insurance) patients. Directs the Secretary, with certain exceptions, to impose a temporary moratorium on the Medicare certification of new long-term care hospitals (and satellite facilities). Directs the Secretary not to apply the 25% patient threshold payment adjustment to freestanding and grandfathered long-term hospitals. States that payments to an applicable long-term care hospital or satellite facility, located in a rural area or co-located with an urban single or MSA dominant hospital, shall not be subject to any payment adjustment if no more than 75% percent of its Medicare discharges are admitted from a co-located hospital. Provides that payment to an applicable long-term care hospital or satellite facility co-located with another hospital shall not be subject to such payment adjustments, if no more than 50% of its Medicare discharges are admitted from a co-located hospital. Prohibits the Secretary from applying certain proposed amendments to the short-stay outlier payment policy for certain long-term care hospitals. Prohibits the Secretary from making a certain one-time prospective adjustment to long-term care hospital prospective payment rates. Directs the Secretary to study and report to the Congress on appropriate quality measures for Medicare patients receiving care in long-term care hospitals.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Build, Update, Improve, Lift, and Design Health Centers Act of 2007'' or the ``BUILD Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Many health care experts believe that lack of access to basic health services is our Nation's single most pressing health care problem. There are 56,000,000 Americans that do not have access to a primary care provider, whether they have health insurance or not. In addition, more than 45,000,000 Americans lack health insurance and have difficulty accessing care due to the inability to pay for such care. (2) Health centers, including community health centers, migrant health centers, health centers for the homeless, and public housing health centers, address the health care access problem by providing primary care services in thousands of rural and urban medically-underserved communities throughout the United States. (3) Health centers provide basic health care services to 16,000,000 Americans each year, including nearly 9,500,000 minorities, 850,000 farmworkers, and 750,000 homeless individuals. One in five children from low-income families receives care through health centers. (4) Studies show that health centers provide high-quality and cost-effective health care. The average yearly cost for a health center patient is approximately $1.25 per day. (5) One of the most effective ways to address America's health care access problem is by dramatically expanding access to health centers, as both the Senate and the President have proposed. (6) Many existing health centers operate in facilities that desperately need renovation or modernization. Thirty percent of health centers are located in buildings that are more than 30 years old, with 12 percent of such centers operating out of facilities that are more than 50 years old. In a survey of health centers in 11 States, 2/3 of those centers identified a need to improve, expand, or replace their current facility. An extrapolation based on this survey indicates there may be as much as $2,200,000,000 in unmet capital needs in our Nation's health centers. (7) Dramatically increasing access to health centers requires building new facilities in communities that have access problems and lack a health center. (8) Health centers often do not have the means to pay for capital improvements or new facilities. While most health centers raise some funds through private donations, it is difficult to raise sufficient amounts for capital needs without a middle-upper-class donor base similar to other nonprofit organizations like universities and hospitals. (9) Health centers have a limited ability to support loan payments. Due to an increasing number of uninsured patients and the fact that many health care reimbursements are less than the cost of care, health centers rarely have more than minimal positive operating margins. Yet lenders are rarely willing to take risks on nonprofit organizations without these positive margins. (10) While the Federal Government currently provides grants to health centers to assist with operational expenses used to provide care to a medically underserved population, there is no authority to provide grants to assist health centers to meet capital needs, such as construction of new facilities or modernization, expansion, or replacement of existing buildings. (11) To assist health centers with their mission of providing health care to the medically underserved, the Federal Government should supplement local efforts to meet the capital needs of health centers. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Health Care Facility Grants and Loan Guarantees.--Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``SEC. 330R. HEALTH CARE FACILITY GRANTS AND LOAN GUARANTEES. ``(a) Eligible Health Center Defined.--In this section, the term `eligible health center' means a health center that receives-- ``(1) a grant, on or after the date of enactment of this section, under subsection (c)(1)(A), (e)(1)(A), (e)(1)(B), (f), (g), (h), or (i) of section 330; or ``(2) a subgrant, on or after the date of enactment of this section, from a grant awarded under such provision of law. ``(b) Grant Program Authorized.-- ``(1) In general.--The Secretary may award grants to eligible health centers to pay for the costs described in paragraph (2). ``(2) Use of funds.--An eligible health center that receives a grant under paragraph (1) may use the grant funds to-- ``(A) modernize, expand, and replace existing facilities at such center; and ``(B) construct new facilities at such center. ``(3) Limitation.-- ``(A) In general.--Subject to subparagraph (B), the Federal share of a grant awarded under paragraph (1) to expand an existing, or construct a new, facility shall not exceed 90 percent of the total cost of the project (including interest payments) proposed by the eligible health center. ``(B) Exception.--The Federal share maximum under subparagraph (A) shall not apply if-- ``(i) the total cost of the project proposed by the eligible health center is less than $750,000; or ``(ii) the Secretary waives such maximum upon a showing of good cause. ``(c) Facility Loan Guarantees.-- ``(1) In general.-- ``(A) In general.--The Secretary shall establish a program under which the Secretary may guarantee not less than 90 percent of the principal and interest on the total amount of loans made to an eligible health center by non-Federal lenders in order to pay for the costs associated with a capital needs project described in subparagraph (B). ``(B) Projects.--Capital needs projects under this subsection include-- ``(i)(I) acquiring, leasing, modernizing, expanding, or replacing existing facilities; ``(II) constructing new facilities; or ``(III) purchasing or leasing equipment; or ``(ii) the costs of refinancing loans made for any of the projects described in clause (i). ``(C) Not a federal subsidy.--Any loan guarantee issued pursuant to this subsection shall not be deemed a Federal subsidy for any other purpose. ``(2) Authority for loan guarantee program.--With respect to the program established under paragraph (1), the Secretary shall assume such authority-- ``(A) as the Secretary has under paragraphs (2) and (4) of section 330; and ``(B) under section 1620 as the Secretary determines is necessary and appropriate. ``(3) Health center project applications.--The Secretary shall require that all applicants for grants and loans under this section-- ``(A) comply with the conditions set forth in section 1621, as in effect on the date of enactment of this section, with respect to activities authorized for assistance under subsections (b)(2) and (c)(1)(B) in the same manner that applicants for loans, loan guarantees, or grants for medical facilities projects under such section are required to comply with such conditions, unless such conditions are, by their terms, otherwise inapplicable; and ``(B)(i) give priority to contractors that employ substantial numbers of workers who reside in the area to be served by the health center; and ``(ii) include in the construction contract involved a requirement that the contractor will give priority in hiring new employees to residents of such area. ``(4) Definitions.--In this subsection: ``(A) Facilities.--The term `facilities' means a building or buildings used by a health center, in whole or in part, to provide services permitted under section 330 and for such other purposes as are not specifically prohibited under such section as long as such use furthers the objectives of the health center. ``(B) Non-federal lender.--The term `non-Federal lender' means any entity other than an agency or instrumentality of the Federal Government authorized by law to make loans, including a federally-insured bank, a lending institution authorized or licensed to make loans by the State in which it is located, a community development finance institution or community development entity (as designated by the Secretary of the Treasury), any such lender as the Secretary may designate, and a State or municipal bonding authority or such authority's designee. ``(d) Evaluation.--Not later than 3 years after the date of enactment of this section, the Secretary shall prepare a report containing an evaluation of the programs authorized under this section. Such report shall include recommendations on how this section can be improved to better help health centers meet such centers' capital needs in order to expand access to health care in the United States. ``(e) Authorization.--For the purpose of carrying out this section, the Secretary shall use not more than 5 percent of any funds appropriated pursuant to section 330(s) (relating to authorization of appropriations). In addition, funds appropriated for fiscal years 1997 and 1998 under the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts of 1997 and 1998, which were made available for loan guarantees for loans made by non- Federal lenders for construction, renovation, and modernization of medical facilities that are owned and operated by health centers and which have not been expended, shall be made available for loan guarantees under this section.''. (b) Authorization of Appropriations.--Section 330(r)(1) of the Public Health Service Act (42 U.S.C. 254b(r)(1)) (relating to authorization of appropriations) is amended by striking ``this section'' and inserting ``this section and section 330R''.	Build, Update, Improve, Lift, and Design Health Centers Act of 2007 or the BUILD Act Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to health centers to: (1) modernize, expand, and replace existing facilities; and (2) construct new facilities at such centers. Requires the Secretary to establish a loan guarantee program for loans to health centers for capital need projects, including: (1) acquiring, leasing, modernizing, expanding, or replacing existing facilities; (2) constructing new facilities; (3) purchasing or leasing equipment; and (4) the costs of refinancing loans made for any such projects.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Millennium Digital Commerce Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The growth of electronic commerce and electronic government transactions represent a powerful force for economic growth, consumer choice, improved civic participation and wealth creation. (2) The promotion of growth in private sector electronic commerce through Federal legislation is in the national interest because that market is globally important to the United States. (3) A consistent legal foundation, across multiple jurisdictions, for electronic commerce will promote the growth of such transactions, and that such a foundation should be based upon a simple, technology neutral, nonregulatory, and market-based approach. (4) The Nation and the world stand at the beginning of a large scale transition to an information society which will require innovative legal and policy approaches, and therefore, States can serve the national interest by continuing their proven role as laboratories of innovation for quickly evolving areas of public policy, provided that States also adopt a consistent, reasonable national baseline to eliminate obsolete barriers to electronic commerce such as undue paper and pen requirements, and further, that any such innovation should not unduly burden inter-jurisdictional commerce. (5) To the extent State laws or regulations do not provide a consistent, reasonable national baseline or in fact create an undue burden to interstate commerce in the important burgeoning area of electronic commerce, the national interest is best served by Federal preemption to the extent necessary to provide such consistent, reasonable national baseline or eliminate said burden, but that absent such lack of a consistent, reasonable national baseline or such undue burdens, the best legal system for electronic commerce will result from continuing experimentation by individual jurisdictions. (6) With due regard to the fundamental need for a consistent national baseline, each jurisdiction that enacts such laws should have the right to determine the need for any exceptions to protect consumers and maintain consistency with existing related bodies of law within a particular jurisdiction. (7) Industry has developed several electronic signature technologies for use in electronic transactions, and the public policies of the United States should serve to promote a dynamic marketplace within which these technologies can compete. Consistent with this Act, States should permit the use and development of any authentication technologies that are appropriate as practicable as between private parties and in use with State agencies. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to permit and encourage the continued expansion of electronic commerce through the operation of free market forces rather than proscriptive governmental mandates and regulations; (2) to promote public confidence in the validity, integrity and reliability of electronic commerce and online government under Federal law; (3) to facilitate and promote electronic commerce by clarifying the legal status of electronic records and electronic signatures in the context of contract formation; (4) to facilitate the ability of private parties engaged in interstate transactions to agree among themselves on the appropriate electronic signature technologies for their transactions; and (5) to promote the development of a consistent national legal infrastructure necessary to support of electronic commerce at the Federal and State levels within areas of jurisdiction. SEC. 4. DEFINITIONS. In this Act: (1) Electronic.--The term ``electronic'' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) Electronic agent.--The term ``electronic agent'' means a computer program or an electronic or other automated means used to initiate an action or respond to electronic records or performances in whole or in part without review by an individual at the time of the action or response. (3) Electronic record.--The term ``electronic record'' means a record created, generated, sent, communicated, received, or stored by electronic means. (4) Electronic signature.--The term ``electronic signature'' means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (5) Governmental agency.--The term ``governmental agency'' means an executive, legislative, or judicial agency, department, board, commission, authority, or institution of the Federal Government or of a State or of any county, municipality, or other political subdivision of a State. (6) Record.--The term ``record'' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (7) Transaction.--The term ``transaction'' means an action or set of actions relating to the conduct of commerce, between 2 or more persons, neither of which is the United States Government, a State, or an agency, department, board, commission, authority, or institution of the United States Government or of a State. (8) Uniform electronic transactions act.--The term ``Uniform Electronic Transactions Act'' means the Uniform Electronic Transactions Act as provided to State legislatures by the National Conference of Commissioners on Uniform State Law in the form or any substantially similar variation. SEC. 5. INTERSTATE CONTRACT CERTAINTY. (a) In General.--In any transaction affecting interstate commerce, a contract may not be denied legal effect or enforceability solely because an electronic signature or electronic record was used in its formation. (b) Methods.--Parties to a transaction are permitted to determine the appropriate electronic signature technologies for their transaction, and the means of implementing such technologies. (c) Presentation of Contracts.--Notwithstanding subsection (a), if a law requires that a contract be in writing, the legal effect, or enforceability of an electronic record of such contract shall be denied under such law, unless it is delivered to all parties in a form that-- (1) can be retained by all parties for later reference; and (2) can be used to prove the terms of the agreement. (d) Specific Exclusions.--The provisions of this section shall not apply to a statute, regulation, or other rule of law governing any of the following: (1) The Uniform Commercial Code, as in effect in a State, other than section 1-107 and 1-206, article 2, and article 2A. (2) Premarital agreements, marriage, adoption, divorce or other matters of family law. (3) Documents of title which are filed of record with a governmental unit until such time that a State or subdivision thereof chooses to accept filings electronically. (4) Residential landlord-tenant relationships. (5) The Uniform Health-Care Decisions Act as in effect in a State. (e) Electronic Agents.--A contract relating to a commercial transaction affecting interstate commerce may not be denied legal effect solely because its formation involved-- (1) the interaction of electronic agents of the parties; or (2) the interaction of an electronic agent of a party and an individual who acts on that individual's own behalf or as an agent, for another person. (f) Insurance.--It is the specific intent of the Congress that this section apply to the business of insurance. (g) Application in UETA States.--This section does not apply in any State in which the Uniform Electronic Transactions Act is in effect. SEC. 6. PRINCIPLES GOVERNING THE USE OF ELECTRONIC SIGNATURES IN INTERNATIONAL TRANSACTIONS. To the extent practicable, the Federal Government shall observe the following principles in an international context to enable commercial electronic transaction: (1) Remove paper-based obstacles to electronic transactions by adopting relevant principles from the Model Law on Electronic Commerce adopted in 1996 by the United Nations Commission on International Trade Law (UNCITRAL). (2) Permit parties to a transaction to determine the appropriate authentication technologies and implementation models for their transactions, with assurance that those technologies and implementation models will be recognized and enforced. (3) Permit parties to a transaction to have the opportunity to prove in court or other proceedings that their authentication approaches and their transactions are valid. (4) Take a nondiscriminatory approach to electronic signatures and authentication methods from other jurisdictions. SEC. 7. STUDY OF LEGAL AND REGULATORY BARRIERS TO ELECTRONIC COMMERCE. (a) Barriers.--Each Federal agency shall, not later than 6 months after the date of enactment of this Act, provide a report to the Director of the Office of Management and Budget and the Secretary of Commerce identifying any provision of law administered by such agency, or any regulations issued by such agency and in effect on the date of enactment of this Act, that may impose a barrier to electronic transactions, or otherwise to the conduct of commerce online or be electronic means. Such barriers include, but are not limited to, barriers imposed by a law or regulation directly or indirectly requiring that signatures, or records of transactions, be accomplished or retained in other than electronic form. In its report, each agency shall identify the barriers among those identified whose removal would require legislative action, and shall indicate agency plans to undertake regulatory action to remove such barriers among those identified as are caused by regulations issued by the agency. (b) Report to Congress.--The Secretary of Commerce, in consultation with the Director of the Office of Management and Budget, shall, within 18 months after the date of enactment of this Act, and after the consultation required by subsection (c) of this section, report to the Congress concerning-- (1) legislation needed to remove barriers to electronic transactions or otherwise to the conduct of commerce online or by electronic means; and (2) actions being taken by the Executive Branch and individual Federal agencies to remove such barriers as are caused by agency regulations or policies. (c) Consultation.--In preparing the report required by this section, the Secretary of Commerce shall consult with the General Services Administration, the National Archives and Records Administration, and the Attorney General concerning matters involving the authenticity of records, their storage and retention, and their usability for law enforcement purposes. (d) Include Findings If No Recommendations.--If the report required by this section omits recommendations for actions needed to fully remove identified barriers to electronic transactions or to online or electronic commerce, it shall include a finding or findings, including substantial reasons therefore, that such removal is impracticable or would be inconsistent with the implementation or enforcement of applicable laws.	Authorizes parties to an interstate transaction to determine the appropriate electronic signature technologies for their transaction, and the means of implementing such technologies. Denies the legal effect of an electronic record of a contract required by law to be in writing, unless it is delivered to all parties in a form that can be: (1) retained for later reference; and (2) used to prove agreement terms. Provides exclusions. Prohibits a contract relating to a commercial transaction from being denied legal effect solely because its formation involved electronic agents (computers or other automated means). States as the specific intent of Congress that this section apply to the business of insurance. Directs the Federal Government, to the extent practicable, to observe certain principles governing the use of electronic signatures in international commercial transactions, including to: (1) remove paper-based obstacles to electronic transactions by adopting relevant principles from the Model Law on Electronic Commerce adopted in 1996 by the UN Commission on International Trade Law (UNCITRAL); (2) permit parties to a transaction to determine the appropriate authentication technologies for such transactions, with assurance that they will be recognized and enforced; (3) permit such parties to have the opportunity to prove in court that such authentication approaches and transactions are valid; and (4) take a nondiscriminatory approach to electronic signatures and authentication methods from other jurisdictions. Directs each Federal agency to report to the Director of the Office of Management and Budget and the Secretary of Commerce on any provision of law administered, or regulation issued, by it that imposes a barrier to electronic transactions. Requires the Secretary to report to Congress concerning any legislation needed or Executive or Federal agency action being taken to remove such barriers.
SECTION 1. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Certain private lands adjacent to the Montezuma Castle National Monument in Yavapai County, Arizona, are desirable for Federal acquisition to protect important riparian values along Beaver Creek and the scenic backdrop for the National Monument. (2) Certain other inholdings in the Coconino National Forest are desirable for Federal acquisition to protect important public values near Double Cabin Park. (3) Approximately 108 acres of land within the Tonto National Forest, northeast of Payson, Arizona, are currently occupied by 45 residential cabins under special use permits from the Secretary of Agriculture, and have been so occupied since the mid-1950s, rendering such lands of limited use and enjoyment potential for the general public. Such lands are, therefore, appropriate for transfer to the cabin owners in exchange for lands that will have higher public use values. (4) In return for the privatization of such encumbered lands the Secretary of Agriculture has been offered approximately 495 acres of non-Federal land (known as the Q Ranch) within the Tonto National Forest, east of Young, Arizona, in an area where the Secretary has completed previous land exchanges to consolidate public ownership of National Forest lands. (5) The acquisition of the Q Ranch non-Federal lands by the Secretary will greatly increase National Forest management efficiency and promote public access, use, and enjoyment of the area and surrounding National Forest System lands. (b) Purpose.--The purpose of this Act is to authorize, direct, facilitate, and expedite the consummation of the land exchanges set forth herein in accordance with the terms and conditions of this Act. SEC. 2. DEFINITIONS. As used in this Act: (1) Dpsha.--The term ``DPSHA'' means the Diamond Point Summer Homes Association, a nonprofit corporation in the State of Arizona. (2) Federal land.--The term ``Federal land'' means land to be conveyed into non-Federal ownership under this Act. (3) Flpma.--The term ``FLPMA'' means the Federal Land Policy Management Act of 1976 (43 U.S.C. 1701 et seq.). (4) Mcjv.--The term ``MCJV'' means the Montezuma Castle Land Exchange Joint Venture Partnership, an Arizona Partnership. (5) Non-federal land.--The term ``non-Federal land'' means land to be conveyed to the Secretary of Agriculture under this Act. (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, unless otherwise specified. SEC. 3. MONTEZUMA CASTLE LAND EXCHANGE. (a) Land Exchange.--Upon receipt of a binding offer from MCJV to convey title acceptable to the Secretary to the land described in subsection (b), the Secretary shall convey to MCJV all right, title, and interest of the United States in and to the Federal land described in subsection (c). (b) Non-Federal Land.--The land described in this subsection is the following: (1) The approximately 157 acres of land adjacent to the Montezuma Castle National Monument, as generally depicted on the map entitled ``Montezuma Castle Contiguous Lands'', dated May 2002. (2) Certain private land within the Coconino National Forest, Arizona, comprising approximately 108 acres, as generally depicted on the map entitled ``Double Cabin Park Lands'', dated September 2002. (c) Federal Land.--The Federal land described in this subsection is the approximately 222 acres in the Tonto National Forest, Arizona, and surveyed as Lots 3, 4, 8, 9, 10, 11, 16, and 17, and Tract 40 in section 32, Township 11 North, Range 10 East, Gila and Salt River Meridian, Arizona. (d) Equal Value Exchange.--The values of the non-Federal and Federal land directed to be exchanged under this section shall be equal or equalized as determined by the Secretary through an appraisal performed by a qualified appraiser mutually agreed to by the Secretary and MCJV and performed in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (U.S. Department of Justice, December 2000), and section 206(d) of FLPMA (43 U.S.C. 1716(d)). If the values are not equal, the Secretary shall delete Federal lots from the conveyance to MCJV in the following order and priority, as necessary, until the values of Federal and non-Federal land are within the 25 percent cash equalization limit of section 206(b) of FLPMA (43 U.S.C. 1716(b)): (1) Lot 3. (2) Lot 4. (3) Lot 9. (4) Lot 10. (5) Lot 11. (6) Lot 8. (e) Cash Equalization.--Any difference in value remaining after compliance with subsection (d) shall be equalized by the payment of cash to the Secretary or MCJV, as the circumstances dictate, in accordance with section 206(b) of FLPMA (43 U.S.C. 1716(b)). Public Law 90-171 (16 U.S.C. 484a; commonly known as the ``Sisk Act'') shall, without further appropriation, apply to any cash equalization payment received by the United States under this section. SEC. 4. DIAMOND POINT--Q RANCH LAND EXCHANGE. (a) In General.--Upon receipt of a binding offer from DPSHA to convey title acceptable to the Secretary to the land described in subsection (b), the Secretary shall convey to DPSHA all right, title, and interest of the United States in and to the land described in subsection (c). (b) Non-Federal Land.--The land described in this subsection is the approximately 495 acres of non-Federal land generally depicted on the map entitled ``Diamond Point Exchange--Q Ranch Non-Federal Lands'', dated May 2002. (c) Federal Land.--The Federal land described in this subsection is the approximately 108 acres northeast of Payson, Arizona, as generally depicted on the map entitled ``Diamond Point Exchange--Federal Land'', dated May 2002. (d) Equal Value Exchange.--The values of the non-Federal and Federal land directed to be exchanged under this section shall be equal or equalized as determined by the Secretary through an appraisal performed by a qualified appraiser mutually agreed to by the Secretary and DPSHA and in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (U.S. Department of Justice, December 2000), and section 206(d) of FLPMA (43 U.S.C. 1716(d)). If the values are not equal, they shall be equalized by the payment of cash to the Secretary or DPSHA pursuant to section 206(b) of FLPMA (43 U.S.C. 1716(b)). Public Law 90-171 (16 U.S.C. 484a; commonly known as the ``Sisk Act'') shall, without further appropriation, apply to any cash equalization payment received by the United States under this section. (e) Special Use Permit Termination.--Upon execution of the land exchange authorized by this section, all special use cabin permits on the Federal land shall be terminated. SEC. 5. MISCELLANEOUS PROVISIONS. (a) Exchange Timetable.--Not later than 6 months after the Secretary receives an offer under section 3 or 4, the Secretary shall execute the exchange under section 3 or 4, respectively, unless the Secretary and MCJV or DPSHA, respectively, mutually agree to extend such deadline. (b) Exchange Processing.--Prior to executing the land exchanges authorized by this Act, the Secretary shall perform any necessary land surveys and required preexchange clearances, reviews, and approvals relating to threatened and endangered species, cultural and historic resources, wetlands and floodplains and hazardous materials. If 1 or more of the Federal land parcels or lots, or portions thereof, cannot be transferred to MCJV or DPSHA due to hazardous materials, threatened or endangered species, cultural or historic resources, or wetland and flood plain problems, the parcel or lot, or portion thereof, shall be deleted from the exchange, and the values of the lands to be exchanged adjusted in accordance with subsections (d) and (e) of section 3 or section 4(d), as appropriate. In order to save administrative costs to the United States, the costs of performing such work, including the appraisals required pursuant to this Act, shall be paid by MCJV or DPSHA for the relevant property, except for the costs of any such work (including appraisal reviews and approvals) that the Secretary is required or elects to have performed by employees of the Department of Agriculture. (c) Federal Land Reservations and Encumbrances.--The Secretary shall convey the Federal land under this Act subject to valid existing rights, including easements, rights-of-way, utility lines and any other valid encumbrances on the Federal land as of the date of the conveyance under this Act. If applicable to the land conveyed, the Secretary shall also retain any right of access as may be required by section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9620(h)) for remedial or corrective action relating to hazardous substances as may be necessary in the future. (d) Administration of Acquired Land.--The land acquired by the Secretary pursuant to this Act shall become part of the Tonto or Coconino National Forest, as appropriate, and be administered as such in accordance with the laws, rules, and regulations generally applicable to the National Forest System. Such land may be made available for domestic livestock grazing if determined appropriate by the Secretary in accordance with the laws, rules, and regulations applicable thereto on National Forest System land. (e) Transfer of Land to National Park Service.--Upon their acquisition by the United States, the ``Montezuma Castle Contiguous Lands'' identified in section 3(b)(1) shall be transferred to the administrative jurisdiction of the National Park Service, and shall thereafter be permanently incorporated in, and administered by the Secretary of the Interior as part of, the Montezuma Castle National Monument. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	Directs the Secretary of Agriculture to convey to certain private land owners specified lands in the Tonto National Forest in exchange for the conveyance by such land owners of certain lands adjacent to the Montezuma Castle National Monument and certain lands within the Coconino National Forest. Requires that the values of Federal and non-Federal lands be equalized. Directs the Secretary to convey to certain private land owners specified lands northeast of Payson, Arizona, in exchange for the conveyance by such land owners of certain lands within the Tonto National Forest. Requires that the values of Federal and non-Federal lands be equalized. Terminates all special use cabin permits on the Federal land upon execution of the exchange. Directs the Secretary, prior to any conveyance under this Act, to conduct the necessary land surveys and preexchange clearances, reviews, and approvals relating to threatened and endangered species, cultural and historic resources, wetlands and floodplains, and hazardous materials. Requires the Secretary to delete from either exchange any portion of Federal lands that cannot be transferred for any reason thereof. Transfers the land adjacent to the Montezuma Castle National Monument to the jurisdiction of the National Park Service and incorporates it in the Montezuma Castle National Monument.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Credit Availability Act''. SEC. 2. BUSINESS DEVELOPMENT COMPANY OWNERSHIP OF SECURITIES OF INVESTMENT ADVISERS AND CERTAIN FINANCIAL COMPANIES. (a) In General.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall promulgate regulations to codify the order in Investment Company Act Release No. 30024, dated March 30, 2012. If the Commission fails to complete the regulations as required by this subsection, a business development company shall be entitled to treat such regulations as having been completed in accordance with the actions required to be taken by the Commission until such time as such regulations are completed by the Commission. (2) Rule of construction.--Nothing in this subsection shall prevent the Commission from issuing rules to address potential conflicts of interest between business development companies and investment advisers. (b) Permissible Assets of an Eligible Portfolio Company.--Section 55 of the Investment Company Act of 1940 (15 U.S.C. 80a-54) is amended by adding at the end the following: ``(c) Securities Deemed To Be Permissible Assets.--Notwithstanding subsection (a), securities that would be described in paragraphs (1) through (6) of such subsection except that the issuer is a company described in paragraph (2), (3), (4), (5), (6), or (9) of section 3(c) may be deemed to be assets described in paragraphs (1) through (6) of subsection (a) to the extent necessary for the sum of the assets to equal 70 percent of the value of a business development company's total assets (other than assets described in paragraph (7) of subsection (a)), provided that the aggregate value of such securities counting toward such 70 percent shall not exceed 20 percent of the value of the business development company's total assets.''. SEC. 3. EXPANDING ACCESS TO CAPITAL FOR BUSINESS DEVELOPMENT COMPANIES. (a) In General.--Section 61(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-60(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (2) by striking paragraph (1) and inserting the following: ``(1) Except as provided in paragraph (2), the asset coverage requirements of subparagraphs (A) and (B) of section 18(a)(1) (and any related rule promulgated under this Act) applicable to business development companies shall be 200 percent. ``(2) The asset coverage requirements of subparagraphs (A) and (B) of section 18(a)(1) and of subparagraphs (A) and (B) of section 18(a)(2) (and any related rule promulgated under this Act) applicable to a business development company shall be 150 percent if-- ``(A) within five business days of the approval of the adoption of the asset coverage requirements described in clause (ii), the business development company discloses such approval and the date of its effectiveness in a Form 8-K filed with the Commission and in a notice on its website and discloses in its periodic filings made under section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)-- ``(i) the aggregate value of the senior securities issued by such company and the asset coverage percentage as of the date of such company's most recent financial statements; and ``(ii) that such company has adopted the asset coverage requirements of this subparagraph and the effective date of such requirements; ``(B) with respect to a business development company that issues equity securities that are registered on a national securities exchange, the periodic filings of the company under section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m) include disclosures reasonably designed to ensure that shareholders are informed of-- ``(i) the amount of indebtedness and asset coverage ratio of the company, determined as of the date of the financial statements of the company dated on or most recently before the date of such filing; and ``(ii) the principal risk factors associated with such indebtedness, to the extent such risk is incurred by the company; and ``(C)(i) the application of this paragraph to the company is approved by the required majority (as defined in section 57(o)) of the directors of or general partners of such company who are not interested persons of the business development company, which application shall become effective on the date that is 1 year after the date of the approval, and, with respect to a business development company that issues equity securities that are not registered on a national securities exchange, the company extends, to each person who is a shareholder as of the date of the approval, an offer to repurchase the equity securities held by such person as of such approval date, with 25 percent of such securities to be repurchased in each of the four quarters following such approval date; or ``(ii) the company obtains, at a special or annual meeting of shareholders or partners at which a quorum is present, the approval of more than 50 percent of the votes cast of the application of this paragraph to the company, which application shall become effective on the date immediately after the date of the approval.''; (3) in paragraph (3) (as redesignated), by inserting ``or which is a stock, provided that all such stock is issued in accordance with paragraph (6)'' after ``indebtedness''; (4) in subparagraph (A) of paragraph (4) (as redesignated)-- (A) in the matter preceding clause (i), by striking ``voting''; and (B) by amending clause (iii) to read as follows: ``(iii) the exercise or conversion price at the date of issuance of such warrants, options, or rights is not less than-- ``(I) the market value of the securities issuable upon the exercise of such warrants, options, or rights at the date of issuance of such warrants, options, or rights; or ``(II) if no such market value exists, the net asset value of the securities issuable upon the exercise of such warrants, options, or rights at the date of issuance of such warrants, options, or rights; and''; and (5) by adding at the end the following: ``(6)(A) Qualified institutional buyer.--Except as provided in subparagraph (B), the following shall not apply to a senior security which is a stock and which is issued to and held by a qualified institutional buyer (as defined in section 3(a)(64) of the Securities Exchange Act of 1934): ``(i) Subparagraphs (C) and (D) of section 18(a)(2). ``(ii) Subparagraph (E) of section 18(a)(2), to the extent such subparagraph requires any priority over any other class of stock as to distribution of assets upon liquidation. ``(iii) With respect to a senior security which is a stock, subsections (c) and (i) of section 18. ``(B) Individual investors who are not qualified institutional buyers.--Subparagraph (A) shall not apply with respect to a senior security which is a stock and which is issued to a person who is not known by the business development company to be a qualified institutional buyer (as defined in section 3(a) of the Securities Exchange Act of 1934). ``(7) Rule of construction.--Notwithstanding any other provision of law, any additional class of stock issued pursuant to this section must be issued in accordance with all investor protections contained in all applicable federal securities laws administered by the Commission.''. (b) Conforming Amendments.--The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended-- (1) in section 57-- (A) in subsection (j)(1), by striking ``section 61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''; and (B) in subsection (n)(2), by striking ``section 61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''; and (2) in section 63(3), by striking ``section 61(a)(3)'' and inserting ``section 61(a)(4)''. SEC. 4. PARITY FOR BUSINESS DEVELOPMENT COMPANIES REGARDING OFFERING AND PROXY RULES. (a) Revision to Rules.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall revise any rules to the extent necessary to allow a business development company that has filed an election pursuant to section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a-53) to use the securities offering and proxy rules that are available to other issuers that are required to file reports under section 13 or section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m; 78o(d)). Any action that the Commission takes pursuant to this subsection shall include the following: (1) The Commission shall revise rule 405 under the Securities Act of 1933 (17 C.F.R. 230.405)-- (A) to remove the exclusion of a business development company from the definition of a well-known seasoned issuer provided by that rule; and (B) to add registration statements filed on Form N- 2 to the definition of automatic shelf registration statement provided by that rule. (2) The Commission shall revise rules 168 and 169 under the Securities Act of 1933 (17 C.F.R. 230.168 and 230.169) to remove the exclusion of a business development company from an issuer that can use the exemptions provided by those rules. (3) The Commission shall revise rules 163 and 163A under the Securities Act of 1933 (17 C.F.R. 230.163 and 230.163A) to remove a business development company from the list of issuers that are ineligible to use the exemptions provided by those rules. (4) The Commission shall revise rule 134 under the Securities Act of 1933 (17 C.F.R. 230.134) to remove the exclusion of a business development company from that rule. (5) The Commission shall revise rules 138 and 139 under the Securities Act of 1933 (17 C.F.R. 230.138 and 230.139) to specifically include a business development company as an issuer to which those rules apply. (6) The Commission shall revise rule 164 under the Securities Act of 1933 (17 C.F.R. 230.164) to remove a business development company from the list of issuers that are excluded from that rule. (7) The Commission shall revise rule 433 under the Securities Act of 1933 (17 C.F.R. 230.433) to specifically include a business development company that is a well-known seasoned issuer as an issuer to which that rule applies. (8) The Commission shall revise rule 415 under the Securities Act of 1933 (17 C.F.R. 230.415)-- (A) to state that the registration for securities provided by that rule includes securities registered by a business development company on Form N-2; and (B) to provide an exception for a business development company from the requirement that a Form N- 2 registrant must furnish the undertakings required by item 34.4 of Form N-2. (9) The Commission shall revise rule 497 under the Securities Act of 1933 (17 C.F.R. 230.497) to include a process for a business development company to file a form of prospectus that is parallel to the process for filing a form of prospectus under rule 424(b). (10) The Commission shall revise rules 172 and 173 under the Securities Act of 1933 (17 C.F.R. 230.172 and 230.173) to remove the exclusion of an offering of a business development company from those rules. (11) The Commission shall revise rule 418 under the Securities Act of 1933 (17 C.F.R. 230.418) to provide that a business development company that would otherwise meet the eligibility requirements of General Instruction I.A of Form S-3 shall be exempt from paragraph (a)(3) of that rule. (12) The Commission shall revise rule 14a-101 under the Securities Exchange Act of 1934 (17 C.F.R. 240.14a-101) to provide that a business development company that would otherwise meet the requirements of General Instruction I.A of Form S-3 shall be deemed to meet the requirements of Form S-3 for purposes of Schedule 14A. (13) The Commission shall revise rule 103 under Regulation FD (17 C.F.R. 243.103) to provide that paragraph (a) of that rule applies for purposes of Form N-2. (b) Revision to Form N-2.--Not later than 1 year after the date of enactment of this Act, the Commission shall revise Form N-2-- (1) to include an item or instruction that is similar to item 12 on Form S-3 to provide that a business development company that would otherwise meet the requirements of Form S-3 shall incorporate by reference its reports and documents filed under the Securities Exchange Act of 1934 into its registration statement filed on Form N-2; and (2) to include an item or instruction that is similar to the instruction regarding automatic shelf offerings by well- known seasoned issuers on Form S-3 to provide that a business development company that is a well-known seasoned issuer may file automatic shelf offerings on Form N-2. (c) Treatment if Revisions Not Completed in Timely Manner.--If the Commission fails to complete the revisions required by subsections (a) and (b) by the time required by such subsections, a business development company shall be entitled to treat such revisions as having been completed in accordance with the actions required to be taken by the Commission by such subsections until such time as such revisions are completed by the Commission. (d) Rule of Construction.--Any reference in this section to a rule or form means such rule or form or any successor rule or form.	Small Business Credit Availability Act (Sec. 2) This bill directs the Securities and Exchange Commission (SEC) to promulgate regulations that codify a specified order in Investment Company Act Release No. 30024, dated March 30, 2012. Under Investment Company Act Release No. 30024 the SEC permitted the Ares Capital Corporation to: continue to own (directly or indirectly) up to 100% of the outstanding equity interests of Ivy Hill ll Asset Management, L.P.; and make additional investments in Ivy Hill, in each case, following the time Ivy Hill shall be required to become a registered investment adviser under the Investment Advisers Act of 1940. The bill entitles a business development company (BDC) to treat such regulations as having been completed if the SEC fails to complete the regulations required by this bill. The bill further states, however, that nothing in it shall prevent the SEC from issuing rules that address potential conflicts of interest between BDCs and investment advisers. The Investment Company Act of 1940 is amended to deem certain securities to be permissible BDC assets to the extent necessary for the sum of permissible assets to equal 70% of the value of a BDC's total assets (excluding specified noninvestment assets) if the aggregate value of such securities does not exceed 20% of the value of the BDC's total assets. (Sec. 3) The asset coverage requirements of registered closed-end companies also applicable to BDCs shall be reduced from 200% to 150% if the BDC makes certain disclosures on its website, and its directors or general partners approve of the modified requirements. (A registered closed-end investment company may not issue, or sell, any class of senior security unless it represents an indebtedness and, immediately after the issuance or sale, it will have an asset coverage of at least 300%. This asset coverage requirement currently is reduced to 200% for most BDCs.) As an additional requirement, a BDC that issues equity securities that are not registered on a national securities exchange (non-traded BDC) must extend, to each shareholder as of the date of the approval, an offer to repurchase the shareholder's equity securities, with 25% of them to be repurchased in each of the four quarters following the approval date. In the alternative, the non-traded BDC shall obtain, at a special or annual meeting of shareholders or partners at which a quorum is present, the approval of the 150% reduction in requirements by more than 50% of the votes cast. A BDC may issue more than one class of senior security which is stock but only if it is issued to and held by a qualified institutional buyer. (Sec. 4) The SEC must revise various rules under the Securities Act of 1933, and related forms, so as to allow a BDC to use security offering rules (such as those enabling a registrant to be a Well Known Seasoned Issuer, use shelf offerings, and communicate directly with shareholders) which are available to other issuers who are required to file security issuance reports under the Securities Exchange Act of 1934. Should the SEC fail to complete such revisions in timely fashion, a BDC shall be entitled to treat those revisions as having been completed in accordance with the timetable set forth in this bill until the SEC does complete them.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Commodity Speculation Reform Act of 2008''. SEC. 2. AUTHORITY OF COMMODITY FUTURES TRADING COMMISSION TO ISSUE NO ACTION LETTERS. Section 2(a)(1) of the Commodity Exchange Act (7 U.S.C. 2(a)(1)) is amended by adding at the end the following: ``(G) Authority to issue no action letters to foreign boards of trade.-- ``(i) In general.--Except as provided in clause (ii), the Commission may not issue a no action letter to any foreign board of trade that lists a contract the price of which settles on the price of a contract traded on an exchange regulated by the Commission. ``(ii) Exception.--The Commission may issue a no action letter to a foreign board of trade described in clause (i) if the foreign board of trade provides to the Commission information and data accessibility the scope of which is comparable to the information and data accessibility provided to the Commission by entities under the jurisdiction of the Commission.''. SEC. 3. ADDITIONAL EMPLOYEES. Section 2(a)(7) of the Commodity Exchange Act (7 U.S.C. 2(a)(7)) is amended by adding at the end the following: ``(D) Additional employees.--As soon as practicable after the date of enactment of this subparagraph, the Commission shall appoint at least 100 full-time employees (in addition to the employees employed by the Commission as of the date of enactment of this subparagraph) to assist in carrying out section 4a(a)(2).''. SEC. 4. TREATMENT OF PURCHASES OF CERTAIN COMMODITY FUTURES CONTRACTS AND FINANCIAL INSTRUMENTS. (a) In General.--Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended-- (1) by striking ``sec. 4a. (a) Excessive speculation'' and inserting the following: ``SEC. 4A. EXCESSIVE SPECULATION. ``(a) Burden on Interstate Commerce; Trading or Position Limits.-- ``(1) In general.--Excessive speculation and''; and (2) in subsection (a) (as amended by paragraph (1)), by adding at the end the following: ``(2) Treatment of purchases of certain commodity futures contracts and financial instruments.-- ``(A) Definitions.--In this paragraph: ``(i) Bona fide hedging transaction.-- ``(I) In general.--The term `bona fide hedging transaction' means a transaction that-- ``(aa) represents a substitute for a transaction to be made or a position to be taken at a later time in a physical marketing channel; ``(bb) is economically appropriate for the reduction of risks in the conduct and management of a commercial enterprise; and ``(cc) arises from the potential change in the value of-- ``(AA) assets that a person owns, produces, manufactures, possesses, or merchandises (or anticipates owning, producing, manufacturing, possessing, or merchandising); ``(BB) liabilities that a person incurs or anticipates incurring; or ``(CC) services that a person provides or purchases (or anticipates providing or purchasing). ``(II) Exclusion.--The term `bona fide hedging transaction' does not include a transaction entered into on a designated contract market for the purpose of offsetting a financial risk arising from an over-the-counter commodity derivative. ``(ii) Over-the-counter commodity derivative.--The term `over-the-counter commodity derivative' means any agreement, contract, or transaction that-- ``(I)(aa) is traded or executed in the United States; or ``(bb) is held by a person located in the United States; ``(II) is not traded on a designated contract market or derivatives transaction execution facility; and ``(III)(aa) is a put, call, cap, floor, collar, or similar option of any kind for the purchase or sale of, or substantially based on the value of, 1 or more qualifying commodities or an economic or financial index or measure of economic or financial risk primarily associated with 1 or more qualifying commodities; ``(bb) provides on an executory basis for the applicable transaction, on a fixed or contingent basis, of 1 or more payments substantially based on the value of 1 or more qualifying commodities or an economic or financial index or measure of economic or financial risk primarily associated with 1 or more qualifying commodities, and that transfers between the parties to the transaction, in whole or in part, the economic or financial risk associated with a future change in any such value without also conveying a current or future direct or indirect ownership interest in an asset or liability that incorporates the financial risk that is transferred; or ``(cc) is any combination or permutation of, or option on, any agreement, contract, or transaction described in item (aa) or (bb). ``(iii) Over-the-counter commodity derivative dealer.--The term `over-the-counter commodity derivative dealer' means a person that regularly offers to enter into, assume, offset, assign, or otherwise terminate positions in over-the-counter commodity derivatives with customers in the ordinary course of a trade or business of the person. ``(iv) Qualifying commodity.--The term `qualifying commodity' means-- ``(I) an agricultural commodity; and ``(II) an energy commodity. ``(B) Regulations.-- ``(i) In general.--Not later than 90 days after the date of enactment of this paragraph, in accordance with clauses (ii) and (iii), the Commission shall promulgate regulations to establish and enforce-- ``(I) speculative position limits for qualifying commodities; ``(II) a methodology-- ``(aa) to enable persons to aggregate the positions held or controlled by the persons on designated contract markets, on derivatives transaction execution facilities, and in over-the-counter commodity derivatives; and ``(bb) to ensure, to the maximum extent practicable, that the determinations made by the Commission with respect to each person examined under subparagraph (C) accurately reflect the net long and net short positions held or controlled by the person in the underlying qualifying commodity; and ``(III) information reporting rules to facilitate the monitoring and enforcement by the Commission of the speculative position limits established under subclause (I), including the monitoring of positions held in over- the-counter commodity derivatives. ``(ii) Applicability.-- ``(I) Position limits.--The speculative position limits established under clause (i)(I) shall apply to position limits that, with respect to each applicable position limit, expire during-- ``(aa) the spot month; ``(bb) each separate futures trading month (other than the spot month); or ``(cc) the sum of each trading month (including the spot month). ``(II) Sum of positions.--The speculative position limits established under clause (i)(I) shall apply to the sum of the positions held by a person-- ``(aa) on designated contract markets; ``(bb) on derivatives transaction execution facilities; and ``(cc) in over-the-counter commodity derivatives. ``(iii) Maximum level of position limits.-- In establishing the speculative position limits under clause (i)(I), the Commission shall set the speculative position limits at the minimum level practicable to ensure sufficient market liquidity for the conduct of bona fide hedging activities. ``(C) Prohibition relating to certain positions.-- ``(i) In general.--Notwithstanding any other provision of this Act, no person may hold or control a position, separately or in combination, net long or net short, for the purchase or sale of a commodity for future delivery or, on a futures-equivalent basis, any option, or an over-the-counter commodity derivative that exceeds a speculative position limit established by the Commission under subparagraph (B)(i)(I). ``(ii) Bona fide hedging transactions.--In determining whether the sum of a position held or controlled by a person has exceeded the applicable speculative position limit established by the Commission under subparagraph (B)(i)(I), the Commission shall not consider positions attributable to a bona fide hedging transaction. ``(iii) Determination of position limits for over-the-counter commodity derivative dealers.--To determine the position of an over- the-counter commodity derivative dealer, the sum of the positions held or controlled by the over-the-counter commodity derivative dealer shall be-- ``(I) calculated on the last day of each month; and ``(II) considered, for the monthly period covered by the determination, to be the average daily net position held or controlled by the over-the-counter commodity derivative dealer for the period beginning on the first day of the month and ending on the last day of the month.''. (b) Reports.-- (1) Necessary additional funding.--Not later than 45 days after the date of enactment of this Act, the Commodity Futures Trading Commission (referred to in this subsection as the ``Commission'') shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate a report providing the recommendations of the Commission for any additional funding that the Commission considers to be necessary to carry out the amendments made by subsection (a), including funding for additional staffing and technological needs. (2) Speculative activity trends.-- (A) Study.--The Commission shall conduct a study-- (i) to identify trends in speculative activity relating to metals; and (ii) to determine whether the authority of the Commission under section 4a(a)(2) of the Commodity Exchange Act (7 U.S.C. 6a(a)(2)) (as added by subsection (a)(2)) should be extended to cover the trading of metals. (B) Report.--Not later than 180 days after the date of enactment of this Act, the Commission shall submit a report containing the results of the study conducted under subparagraph (A) to-- (i) the Committee on Agriculture of the House of Representatives; (ii) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (iii) the Committee on Homeland Security and Governmental Affairs of the Senate. (3) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection.	Commodity Speculation Reform Act of 2008 - Amends the Commodity Exchange Act to prohibit the Commodity Futures Trading Commission (CFTC) from issuing a no action letter to any foreign board of trade that lists a contract whose price settles on the price of a contract traded on an exchange regulated by the CFTC, unless the foreign board provides the CFTC with information and data accessibility comparable to those provided the CFTC by entities under its jurisdiction. Directs the CFTC to: (1) promulgate regulations to establish and enforce speculative position limits for qualifying commodities, a methodology for aggregating specified positions, and information reporting rules to facilitate monitoring and enforcement of speculative position limits and over-the-counter commodity derivatives; and (2) appoint at least 100 additional full-time employees to assist in carrying out such requirements. Prohibits a person from holding or controlling a position, separately or in combination, net long or net short, for the purchase or sale of a commodity for future delivery or, on a futures-equivalent basis, any option, or an over-the-counter commodity derivative that exceeds CFTC speculative position limits. Instructs the CFTC to study and report to certain congressional committees regarding: (1) trends in speculative activity relating to metals; and (2) possible extension of CFTC authority to cover trading of metals.
SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Driver's Privacy Protection Act of 1993''. (b) Purpose.--The purpose of this Act is to protect the personal privacy and safety of licensed drivers consistent with the legitimate needs of business and government. SEC. 2. AMENDMENT TO TITLE 18, UNITED STATES CODE. Title 18 of the United States Code is amended by inserting immediately after chapter 121, the following new chapter: ``CHAPTER 122--PROHIBITION ON RELEASE OF CERTAIN PERSONAL INFORMATION ``Sec. 2720. Prohibition on release of certain personal information. ``Sec. 2721. Unlawful use of personal information. ``Sec. 2722. Definitions. ``Sec. 2723. Penalties. ``Sec. 2724. Effect on State and local laws. ``Sec. 2720. Prohibition on release of certain personal information ``(a) Disclosure.--It is unlawful for any department of motor vehicles of any State or any other person or organization to disclose or obtain, except as authorized by this chapter, personal information about any individual obtained by such department in connection with a motor vehicle operator's permit, motor vehicle title, identification card, or motor vehicle registration issued by the department to that individual, unless such individual has authorized such disclosure. ``(b) Exceptions.--It is not unlawful to disclose or obtain personal information, otherwise unlawful under this chapter, for any of the following routine uses if the person receiving such information has certified to the Department that the information will be used only for one of the specified permissible purposes: ``(1) For the use of any Federal, State or local court in carrying out its functions. ``(2) For the use of any Federal, State or local agency in carrying out its functions, including a law enforcement agency. ``(3) For the use in connection with matters of automobile and driver safety, including manufacturers of motor vehicles conducting a recall of motor vehicles. ``(4) For the use in any civil or criminal proceeding in any Federal, State or local court, if such proceeding involves a motor vehicle. ``(5) For use in research activities, if the motor vehicle department determines that such information will not be used to contact the individual and that individual is not identified or associated with the requested personal information. ``(6) For use in marketing activities if the motor vehicle department-- ``(A) has provided the individual with regard to whom the information is requested with the opportunity, in a clear and conspicuous manner, to prohibit a disclosure of such information for marketing activities; ``(B) has received assurances that the information will be used, rented, or sold solely for a permissible use under this chapter, including marketing activities; and ``(C) has received assurances from any person purchasing such information from a motor vehicle department for marketing purposes that such person will keep complete records identifying any person to whom they sell or rent the information and the permissible purpose for which the purchaser will use the information. ``(7) For use by any insurer or insurance support organization, or their employees, agents, and contractors, in connection with claims investigation activities and antifraud activities. ``(8) For use by any organization, or its agent, in connection with a business transaction, when the purpose is to verify the accuracy of personal information submitted to that business or agent by the person to whom such information pertains, or, if the information submitted is not accurate, to obtain correct information for the purpose of pursuing remedies against a person who provided false information or presented a check or similar item that was not honored. ``(9)(A) For use by any organization, if such organization has certified that it has obtained a statement from the person to whom the information pertains authorizing the disclosure of such information under this chapter in accordance with an agreement entered into pursuant to subparagraph (B). ``(B) Any motor vehicle department of a State is authorized to enter into an agreement with any organization under subparagraph (A) pursuant to which the motor vehicle department may subsequently release information to that organization on the basis of a certification that the entity has obtained or will have obtained consent from the individual to whom the information pertains to obtain such personal information from the State motor vehicle department. ``Sec. 2721. Unlawful use of personal information ``(a) Unlawful Acts by State Motor Vehicle Departments, Organizations or Persons.--It is unlawful for any State motor vehicle department or organization or person to disclose, sell or otherwise make available, or use personal information about any individual referred to in section 2720 except in accordance with this chapter. ``(b) Unlawful Acts by Persons or Organizations.--It is unlawful for any person or organization-- ``(1) to make any false representation to obtain personal information from a department of motor vehicles of any State or other person about any individual referred to in section 2720; or ``(2) to use personal information obtained from any department of motor vehicles of any State or other person for any purpose other than as requested by that person or organization, or other than the purpose for which such information was disclosed. ``(c) Exception.--The prohibition referred to in subsection (a) of section 2720 and subsections (a) and (b) of this section shall not apply to any person to whom the information pertains. ``Sec. 2722. Definitions ``As used in this chapter: ``(1) The term `personal information' includes an individual's photograph, driver's identification number, name, address, telephone number, social security number, and medical and disability information. Such term does not include information on vehicular accidents, driving violations, and driver's status. ``(2) The term `person' means any individual. ``(3) The term `State' means each of the several States, District of Columbia, Commonwealth of Puerto Rico, Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(4) The term `organization' means any person other than an individual, including but not limited to, a corporation, association, institution, a car rental agency, employer, and insurers, insurance support organization, and their employees, agents, or contractors. ``Sec. 2723. Penalties ``(a) Willful Violations.-- ``(1) Any person who willfully violates this chapter shall be fined under this title, or imprisoned for a period not exceeding 12 months, or both. ``(2) Any organization who willfully violates this chapter shall be fined under this title. ``(b) Nonwillful Violations.--Any person or organization who violates this chapter, other than a willful violation, shall be subject to a civil penalty in an amount not to exceed $5,000. ``(c) Violations by State Department of Motor Vehicles.--Any State department of motor vehicles which willfully violates this chapter shall be subject to a civil penalty in the amount of $10,000. Each day of continued noncompliance shall constitute a separate violation. ``Sec. 2724. Effect on State and local laws ``The provisions of this chapter shall supersede only those provisions of law of any State or local government which would require or permit the disclosure or use of personal information which is otherwise prohibited by this chapter.''. Sec. 3. The amendments made by this Act shall take effect upon the expiration of the 270-day period following the date of its enactment.	Driver's Privacy Protection Act of 1993 - Amends the Federal criminal code to prohibit the release of personal information about any individual obtained by a State department of motor vehicles (DMV) in connection with a motor vehicle operator's permit, title, identification card, or registration, unless such individual has authorized such disclosure. Makes exceptions for specified routine uses if the person receiving the information has certified that the information will be used only for one of the specified permissible purposes, including use: (1) by any Federal, State, or local court or agency in carrying out its functions; (2) in connection with matters of automobile and driver safety, in any civil or criminal proceeding involving a motor vehicle, and in research or marketing activities; and (3) by any insurer in connection with claims investigation and antifraud activities. Prohibits (with exceptions): (1) a State motor vehicle department, organization, or person from disclosing, selling, or otherwise making available or using such personal information, except in accordance with this Act; and (2) any person or organization from making any false representation to obtain personal information about any such individual from a State DMV or other person or using personal information obtained from State DMV or other person for any purpose other than as requested by that person or organization, or other than the purpose for which such information was disclosed. Sets penalties for willful and nonwillful violations by individuals, organizations, and DMVs.
SECTION 1. SHORT TITLE AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Video Game Rating Act of 1994''. (b) Purpose.--The purpose of this Act is to provide parents with information about the nature of video games which are used in homes or public areas, including arcades or family entertainment centers. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the terms ``video games'' and ``video devices'' mean any interactive computer game, including all software, framework and hardware necessary to operate a game, placed in interstate commerce; and (2) the term ``video game industry'' means all manufacturers of video games and related products. SEC. 3. THE INTERACTIVE ENTERTAINMENT RATING COMMISSION. (a) Establishment.--There is established the Interactive Entertainment Rating Commission (hereafter in this Act referred to as the ``Commission'') which shall be an independent establishment in the executive branch as defined under section 104 of title 5, United States Code. (b) Members of the Commission.--(1)(A) The Commission shall be composed of 5 members. No more than 3 members shall be affiliated with any 1 political party. (B) The members shall be appointed by the President, by and with the advice and consent of the Senate. The President shall designate 1 member as the Chairman of the Commission. (2) All members shall be appointed within 60 days after the date of the enactment of this Act. (c) Terms.--Each member shall serve until the termination of the Commission. (d) Vacancies.--A vacancy on the Commission shall be filled in the same manner as the original appointment. (e) Compensation of Members.--(1) The Chairman shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5314 of title 5, United States Code, for each day (including traveltime) during which the Chairman is engaged in the performance of duties vested in the Commission. (2) Except for the Chairman who shall be paid as provided under subparagraph (A), each member of the Commission shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level V of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including traveltime) during which the member is engaged in the performance of duties vested in the Commission. (3) The amendments made by this subsection are repealed effective on the date of termination of the Commission. (f) Staff.--(1) The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (g) Consultants.--The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants under section 3109 of title 5, United States Code. The Commission shall give public notice of any such contract before entering into such contract. (h) Funding.--(1) There are authorized to be appropriated to the Commission such sums as are necessary to enable the Commission to carry out its duties under this Act, such sums to remain available until December 31, 1996. (2) The Commission shall set a reasonable user fee which shall be calculated to be sufficient to reimburse the United States for all sums appropriated under subparagraph (1). (i) Termination.--The Commission shall terminate on the earlier of-- (1) December 31, 1996; or (2) 90 days after the Commission submits a written determination to the President that voluntary standards are established that are adequate to warn purchasers of the violent or sexually explicit content of video games. SEC. 4. AUTHORITY AND FUNCTIONS OF THE COMMISSION. (a) Voluntary Standards.--(1) The Commission shall-- (A) during the 1-year period beginning on the date of the enactment of this Act, and to the greatest extent practicable, coordinate with the video game industry in the development of a voluntary system for providing information concerning the contents of video games to purchasers and users; and (B) 1 year after the date of enactment of this Act-- (i) evaluate whether any voluntary standards proposed by the video game industry are adequate to warn purchasers and users about the violence or sexually explicit content of video games; and (ii) determine whether the voluntary industry response is sufficient to adequately warn parents and users of the violence or sex content of video games. (2) If before the end of the 1-year period beginning on the date of the enactment of this Act, the Commission makes a determination of adequate industry response under paragraph (1)(B)(ii) and a determination that sufficient voluntary standards are established, the Commission shall-- (A) submit a report of such determinations and the reasons therefor to the President and the Congress; and (B) terminate in accordance with section 3(i)(2). (b) Regulatory Authority.--Effective on and after the date occurring 1 year after the date of the enactment of this Act the Commission may promulgate regulations requiring manufacturers and sellers of video games to provide adequate information relating to violence or sexually explicit content of such video games to purchasers and users. SEC. 5. ANTITRUST EXEMPTION. The antitrust laws as defined in subsection (a) of the first section of the Clayton Act (15 U.S.C. 45) and the law of unfair competition under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the video game industry for the purpose of, and limited to, developing and disseminating voluntary guidelines designed to provide appropriate information regarding the sex or violence content of video games to purchasers of video games at the point of sale or initial use or other users of such video games. The exemption provided for in this subsection shall not apply to any joint discussion, consideration, review, action, or agreement which results in a boycott of any person.	Video Game Rating Act of 1994 - Establishes the Interactive Entertainment Rating Commission to: (1) coordinate with the video game industry in the development of a voluntary standard for providing information to purchasers and users concerning the contents of video games; (2) evaluate whether any standards proposed are adequate to warn purchasers and users of the violent or sexually explicit content of such games; and (3) report to the President and the Congress regarding the adequacy of the industry's response. Provides Commission funding through December 31, 1996. Directs the Commission to set a reasonable user fee calculated to be sufficient to reimburse the United States for all sums so appropriated. Terminates the Commission on the earlier of such date or 90 days after submission of its report. Provides an antitrust exemption for any actions taken by the video game industry in developing such guidelines.
SECTION 1. INCREASE IN CONTRIBUTION LIMITS AND AMOUNTS AT WHICH PHASE OUT OF DEDUCTION BEGINS FOR INDIVIDUAL RETIREMENT ACCOUNT CONTRIBUTIONS. (a) Increase in Maximum Amount of Contribution to Individual Retirement Accounts.-- (1) In general.--Subparagraph (A) of section 219(b)(1) of the Internal Revenue Code of 1986 (relating to maximum amount of deduction) is amended by striking ``$2,000'' and inserting ``the applicable amount''. (2) Applicable amount.--Subsection (b) of section 219 of such Code is amended by adding at the end the following new paragraph: ``(5) Applicable amount.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable amount' means-- ``(i) for any taxable year beginning in 1999, $2,500, ``(ii) for any taxable year beginning after 1999 and before 2008, the applicable amount determined under this paragraph for the preceding taxable year, increased by $500, and ``(iii) for any taxable year beginning after 2007, $7,000. ``(B) Inflation adjustment.--In the case of a taxable year beginning in a calendar year after 2008, the $7,000 amount contained in subparagraph (A)(iii) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.'' (b) Increase of Amounts at Which Phase-out of Deduction for IRA Contributions Begins.-- (1) In general.--Clauses (i) and (ii) of section 219(g)(3)(B) of such Code (relating to limitation on deduction for active participants in certain pension plans) are amended to read as follows: ``(i) In the case of a taxpayer filing a joint return-- ``(I) for taxable years beginning in 1999, $60,000, ``(II) for taxable years beginning after 1999 and before 2004, the applicable dollar amount determined under this subclause for the preceding taxable year, increased by $10,000, and ``(III) for taxable years beginning after 2003, $110,000. ``(ii) In the case of any other taxpayer (other than a married individual filing a separate return)-- ``(I) for taxable years beginning in 1999, $40,000, ``(II) for taxable years beginning after 1999 and before 2004, the applicable dollar amount determined under this subclause for the preceding taxable year, increased by $5,000, and ``(III) for taxable years beginning after 2003, $60,000.'' (2) Inflation adjustment.--Paragraph (3) of section 219(g) of such Code is amended by adding at the end the following new subparagraph: ``(C) Inflation adjustment.--In the case of a taxable year beginning in a calendar year after 2004, the $110,000 amount contained in subparagraph (B)(i)(III) and the $60,000 amount contained in subparagraph (B)(ii)(III) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2003' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.'' (c) Conforming Amendments.-- (1) Paragraph (1) of section 408(a) of such Code is amended by striking ``$2,000'' and inserting ``the applicable amount (as in effect under section 219(b) for such taxable year)''. (2) Subparagraph (B) of section 408(b)(2) of such Code is amended by striking ``$2,000'' and inserting ``the applicable amount in effect under section 219(b) for the taxable year of such individual''. (3) Subsection (b) of section 408 of such Code is amended in the last sentence by striking `$2,000'' and inserting ``the applicable amount in effect under section 219(b) for such taxable year''. (4) Subparagraph (A) of section 408(d)(5) of such Code is amended by striking ``dollar amount'' and inserting ``applicable amount''. (5) Subsection (j) of section 408 of such Code is amended by striking ``$2,000'' and inserting ``applicable''. (6) Paragraph (8) of section 408(p) of such Code is amended by striking ``$2,000'' and inserting ``the dollar limitation in effect under section 219(b)(1)(A)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 2. PENALTY-FREE DISTRIBUTIONS. (a) Penalty-Free Distributions for First Homes and Higher Education Extended to Certain Plans.-- (1) Subparagraphs (E) and (F) of section 72(t)(2) of the Internal Revenue Code of 1986 are each amended by inserting ``, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii),'' after ``individual retirement plan''. (2) The heading of subparagraph (E) of section 72(t)(2) of such Code is amended by striking ``individual retirement plans'' and inserting ``certain''. (b) Penalty-Free Distributions for Certain Unemployed Individuals Not Limited to Health Insurance Costs and Allowed From 401(k) Plans, Etc.--Subparagraph (D) of section 72(t)(2) of such Code is amended-- (1) in clause (i), by inserting ``, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii),'' after ``individual retirement plan'', (2) in clause (i), by inserting ``and'' at the end of subclause (I), by striking ``, and'' at the end of subclause (II) and inserting a period, and by striking subclause (III), and (3) by striking ``for health insurance premiums'' in the subparagraph heading. (c) Unlimited Penalty-Free Distributions for Medical Care and Expanded Definition of Dependents for Purposes of Such Distributions.-- Subparagraph (B) of section 72(t)(2) of such Code is amended by striking ``medical care'' and all that follows and inserting ``medical care, determined-- ``(i) without regard to whether the employee itemizes deductions for such taxable year, and ``(ii) in the case of a distribution from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii)-- ``(I) without regard to whether or not such expenses exceed 7.5 percent of adjusted gross income, and ``(II) by treating an individual's dependents as including all children and grandchildren of the individual (or of such individual's spouse), and all ancestors of the individual (or of such individual's spouse).'' (d) Effective Date.--The amendments made by this section shall apply to payments and distributions in taxable years beginning after December 31, 1998.	Amends the Internal Revenue Code to increase the: (1) maximum deduction for individual retirement account contributions; and (2) income amount at which phase-out of that deduction begins. Exempts certain retirement account distributions (first homes, higher education expenses, unemployment, and medical) from the early distribution penalty.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act'' or the ``PREEMIE Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Premature birth is a serious and growing problem. The rate of preterm birth increased 27 percent between 1982 and 2002 (from 9.4 percent to 11.9 percent). In 2002, more than 480,000 babies were born prematurely in the United States. (2) Preterm birth accounts for 24 percent of deaths in the first month of life. (3) Premature infants are 14 times more likely to die in the first year of life. (4) Premature babies who survive may suffer lifelong consequences, including cerebral palsy, mental retardation, chronic lung disease, and vision and hearing loss. (5) Preterm and low birthweight birth is a significant financial burden in health care. The estimated charges for hospital stays for infants with any diagnosis of prematurity/ low birthweight were $15,000,000,000 in 2002. The average lifetime medical costs of a premature baby are conservatively estimated at $500,000. (6) The proportion of preterm infants born to African- American mothers (17.3 percent) was significantly higher compared to the rate of infants born to white mothers (10.6 percent). Prematurity or low birthweight is the leading cause of death for African-American infants. (7) The cause of approximately half of all premature births is unknown. (8) Women who smoke during pregnancy are twice as likely as nonsmokers to give birth to a low birthweight baby. Babies born to smokers weigh, on average, 200 grams less than nonsmokers' babies. (9) To reduce the rates of preterm labor and delivery more research is needed on the underlying causes of preterm delivery, the development of treatments for prevention of preterm birth, and treatments improving outcomes for infants born preterm. (b) Purposes.--It is the purpose of this Act to-- (1) reduce rates of preterm labor and delivery; (2) work toward an evidence-based standard of care for pregnant women at risk of preterm labor or other serious complications, and for infants born preterm and at a low birthweight; and (3) reduce infant mortality and disabilities caused by prematurity. SEC. 3. RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND THE CARE, TREATMENT, AND OUTCOMES OF PRETERM AND LOW BIRTHWEIGHT INFANTS. (a) General Expansion of NIH Research.--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. 409J. EXPANSION AND COORDINATION OF RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND INFANT MORTALITY. ``(a) In General.--The Director of NIH shall expand, intensify, and coordinate the activities of the National Institutes of Health with respect to research on the causes of preterm labor and delivery, infant mortality, and improving the care and treatment of preterm and low birthweight infants. ``(b) Authorization of Research Networks.--There shall be established within the National Institutes of Health a Maternal-Fetal Medicine Units Network and a Neonatal Research Units Network. In complying with this subsection, the Director of NIH shall utilize existing networks. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2006 through 2010.''. (b) General Expansion of CDC Research.--Section 301 of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``(e) The Director of the Centers for Disease Control and Prevention shall expand, intensify, and coordinate the activities of the Centers for Disease Control and Prevention with respect to preterm labor and delivery and infant mortality.''. (c) Study on Assisted Reproduction Technologies.--Section 1004(c) of the Children's Health Act of 2000 (Public Law 106-310) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(4) consider the impact of assisted reproduction technologies on the mother's and children's health and development.''. (d) Study on Relationship Between Prematurity and Birth Defects.-- (1) In general.--The Director of the Centers for Disease Control and Prevention shall conduct a study on the relationship between prematurity, birth defects, and developmental disabilities. (2) Report.--Not later than 2 year after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit to the appropriate committees of Congress a report concerning the results of the study conducted under paragraph (1). (e) Review of Pregnancy Risk Assessment Monitoring Survey.--The Director of the Centers for Disease Control and Prevention shall conduct a review of the Pregnancy Risk Assessment Monitoring Survey to ensure that the Survey includes information relative to medical care and intervention received, in order to track pregnancy outcomes and reduce instances of preterm birth. (f) Study on the Health and Economic Consequences of Preterm Birth.-- (1) In general.--The Director of the National Institutes of Health in conjunction with the Director of the Centers for Disease Control and Prevention shall enter into a contract with the Institute of Medicine of the National Academy of Sciences for the conduct of a study to define and address the health and economic consequences of preterm birth. In conducting the study, the Institute of Medicine shall-- (A) review and assess the epidemiology of premature birth and low birthweight, and the associated maternal and child health effects in the United States, with attention paid to categories of gestational age, plurality, maternal age, and racial or ethnic disparities; (B) review and describe the spectrum of short and long-term disability and health-related quality of life associated with premature births and the impact on maternal health, health care and quality of life, family employment, caregiver issues, and other social and financial burdens; (C) assess the direct and indirect costs associated with premature birth, including morbidity, disability, and mortality; (D) identify gaps and provide recommendations for feasible systems of monitoring and assessing associated economic and quality of life burdens associated with prematurity; (E) explore the implications of the burden of premature births for national health policy; (F) identify community outreach models that are effective in decreasing prematurity rates in communities; (G) consider options for addressing, as appropriate, the allocation of public funds to biomedical and behavioral research, the costs and benefits of preventive interventions, public health, and access to health care; and (H) provide recommendations on best practices and interventions to prevent premature birth, as well as the most promising areas of research to further prevention efforts. (2) Report.--Not later than 1 year after the date on which the contract is entered into under paragraph (1), the Institute of Medicine shall submit to the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, and the appropriate committees of Congress a report concerning the results of the study conducted under such paragraph. (g) Evaluation of National Core Performance Measures.-- (1) In general.--The Administrator of the Health Resources and Services Administration shall conduct an assessment of the current national core performance measures and national core outcome measures utilized under the Maternal and Child Health Block Grant under title V of the Social Security Act (42 U.S.C. 701 et seq.) for purposes of expanding such measures to include some of the known risk factors of low birthweight and prematurity, including the percentage of infants born to pregnant women who smoked during pregnancy. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration shall submit to the appropriate committees of Congress a report concerning the results of the evaluation conducted under paragraph (1). SEC. 4. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES. ``(a) In General.--The Secretary, directly or through the awarding of grants to public or private nonprofit entities, shall conduct a demonstration project to improve the provision of information on prematurity to health professionals and other health care providers and the public. ``(b) Activities.--Activities to be carried out under the demonstration project under subsection (a) shall include the establishment of programs-- ``(1) to provide information and education to health professionals, other health care providers, and the public concerning-- ``(A) the signs of preterm labor, updated as new research results become available; ``(B) the screening for and the treating of infections; ``(C) counseling on optimal weight and good nutrition, including folic acid; ``(D) smoking cessation education and counseling; and ``(E) stress management; and ``(2) to improve the treatment and outcomes for babies born premature, including the use of evidence-based standards of care by health care professionals for pregnant women at risk of preterm labor or other serious complications and for infants born preterm and at a low birthweight. ``(c) Requirement.--Any program or activity funded under this section shall be evidence-based. ``(d) Nicu Family Support Programs.--The Secretary shall conduct, through the awarding of grants to public and nonprofit private entities, projects to respond to the emotional and informational needs of families during the stay of an infant in a neonatal intensive care unit, during the transition of the infant to the home, and in the event of a newborn death. Activities under such projects may include providing books and videos to families that provide information about the neonatal intensive care unit experience, and providing direct services that provide emotional support within the neonatal intensive care unit setting. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2006 through 2010.''. SEC. 5. INTERAGENCY COORDINATING COUNCIL ON PREMATURITY AND LOW BIRTHWEIGHT. (a) Purpose.--It is the purpose of this section to stimulate multidisciplinary research, scientific exchange, and collaboration among the agencies of the Department of Health and Human Services and to assist the Department in targeting efforts to achieve the greatest advances toward the goal of reducing prematurity and low birthweight. (b) Establishment.--The Secretary of Health and Human Services shall establish an Interagency Coordinating Council on Prematurity and Low Birthweight (referred to in this section as the Council) to carry out the purpose of this section. (c) Composition.--The Council shall be composed of members to be appointed by the Secretary, including representatives of-- (1) the agencies of the Department of Health and Human Services; and (2) voluntary health care organizations, including grassroots advocacy organizations, providers of specialty obstetrical and pediatric care, and researcher organizations. (d) Activities.--The Council shall-- (1) annually report to the Secretary of Health and Human Services on current Departmental activities relating to prematurity and low birthweight; (2) plan and hold a conference on prematurity and low birthweight under the sponsorship of the Surgeon General; (3) establish a consensus research plan for the Department of Health and Human Services on prematurity and low birthweight; (4) report to the Secretary of Health and Human Services and the appropriate committees of Congress on recommendations derived from the conference held under paragraph (2) and on the status of Departmental research activities concerning prematurity and low birthweight; (5) carry out other activities determined appropriate by the Secretary of Health and Human Services; and (6) oversee the coordination of the implementation of this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, such sums as may be necessary for each of fiscal years 2006 through 2010.	Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act or PREEMIE Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand and coordinate NIH research on preterm labor and delivery, infant mortality, and low birthweight infants. Establishes the Maternal-Fetal Medicine Units Network and the Neonatal Research Units Network within NIH. Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) expand and coordinate CDC activities on preterm labor and delivery and infant mortality; (2) conduct a study on the relationship between prematurity, birth defects, and developmental disabilities; and (3) review the Pregnancy Risk Assessment Monitoring Survey. Requires the National Institute of Child Health and Human Development's national longitudinal study of environmental influences on children's health and development to consider the impact of assisted reproduction technologies. Requires the Director of NIH to contract with the Institute of Medicine to study the health and economic consequences of preterm birth. Directs the Administrator of the Health Resources and Services Administration (HRSA) to assess certain core performance and outcome measures utilized under the Social Security Act for purposes of expanding such measures to include known risk factors of low birthweight and prematurity. Requires the Secretary of Health and Human Services to: (1) conduct a demonstration project to improve the provision of information on prematurity to health professionals and the public; (2) conduct projects to support the informational and emotional needs of families during the stay of an infant in a neonatal intensive care unit, during the transition of the infant to the home, and in the event of a newborn death; and (3) establish an Interagency Coordinating Council on Prematurity and Low Birthweight.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Repeatedly Flooded Communities Preparation Act''. SEC. 2. COMMUNITY ACCOUNTABILITY FOR REPETITIVELY FLOODED AREAS. (a) In General.--Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4102) is amended by adding at the end the following: ``(e) Community Accountability for Repeatedly Damaged Areas.-- ``(1) Definitions.--In this subsection-- ``(A) the term `covered community' means a community-- ``(i) that is participating in the national flood insurance program under section 1315; and ``(ii) within which are located-- ``(I) not fewer than 50 repetitive loss structures with respect to each of which, during any 10-year period, there have been not fewer than 2 claims for payments under flood insurance coverage for a total amount that is more than $1,000; ``(II) not fewer than 5 severe repetitive loss structures for which mitigation activities meeting the standards for approval under section 1366(c)(2)(A) have not been conducted; or ``(III) a public facility or a private nonprofit facility that has received assistance for repair, restoration, reconstruction, or replacement under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) relating to more than 1 flooding event during the most recent 10-year period; ``(B) the terms `private nonprofit facility' and `public facility' have the meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); and ``(C) the term `severe repetitive loss structure' has the meaning given the term in section 1366(h). ``(2) Requirements for covered communities.--The Administrator shall, by regulation, require a covered community to-- ``(A) determine the areas within the covered community in which properties described in paragraph (1)(A)(ii) or flood-damaged facilities are located in order to identify areas that are repeatedly damaged by floods; ``(B) assess, with assistance from the Administrator, the continuing risks to the repeatedly damaged areas identified under subparagraph (A); ``(C) develop a community-specific plan for mitigating continuing flood risks to the repeatedly damaged areas identified under subparagraph (A); ``(D) submit the plan described in subparagraph (C) and any plan updates to the Administrator at appropriate intervals; ``(E) implement the plan described in subparagraph (C); and ``(F) subject to section 552a of title 5, United States Code, make the plan described in subparagraph (C), any updates to the plan, and reports on progress in reducing flood risk available to the public. ``(3) Incorporation into existing plans.--A covered community may incorporate a plan developed under paragraph (2)(C) into a mitigation plan developed under-- ``(A) section 1366; and ``(B) section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165). ``(4) Assistance to communities.-- ``(A) Data.--To assist a covered community in developing a plan required under paragraph (2)(C), the Administrator shall, upon request, provide a covered community with appropriate data regarding the property addresses and dates of claims associated with insured properties within the covered community. ``(B) Mitigation grants.--In making a determination regarding financial assistance under this Act, the Administrator may consider the extent to which a covered community-- ``(i) has complied with this subsection; and ``(ii) is working to remedy problems with respect to repeatedly flooded areas. ``(5) Sanctions.-- ``(A) In general.--The Administrator may, by regulations issued in accordance with the procedures required under section 553 of title 5, United States Code, impose appropriate sanctions on a covered community that fails to-- ``(i) comply with this subsection; or ``(ii) make sufficient progress in reducing the flood risks to areas in the covered community that are repeatedly damaged by floods. ``(B) Suspension and probation.--The sanctions described in subparagraph (A) may include suspension from the national flood insurance program or probation under that program, as provided under section 59.24 of title 44, Code of Federal Regulations. ``(C) Notice.-- ``(i) In general.--Before imposing any sanctions under this paragraph, the Administrator shall provide the covered community that is subject to the sanctions with notice of the violation that may subject the covered community to the sanctions. ``(ii) Contents.--The notice required under clause (i) shall include recommendations for actions that the covered community receiving the notice may take in order to bring the covered community into compliance. ``(D) Considerations.--In determining appropriate sanctions to impose under this paragraph, the Administrator shall consider the resources available to the covered community that is subject to the sanctions, including-- ``(i) any Federal funding received by the covered community; ``(ii) the portion of the covered community that lies within an area having special flood hazards; and ``(iii) any other factor that makes it difficult for the covered community to conduct mitigation activities for flood-prone structures. ``(6) Reports to congress.--Not later than 6 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C).''. (b) Regulations.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue regulations necessary to carry out subsection (e) of section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4102), as added by subsection (a) of this section.	Repeatedly Flooded Communities Preparation Act This bill amends the National Flood Insurance Act of 1968 to require a community that participates in the National Flood Insurance Program and has been repeatedly flooded, as specified by the bill, to: (1) assess the continuing risks to community areas repeatedly damaged by floods; and (2) develop and implement a publicly available, community-specific plan for mitigating continuing flood risks to such areas. The Federal Emergency Management Agency (FEMA) must, upon request, provide a community with appropriate data to assist in preparation of the required plan. In making decisions with respect to awarding mitigation grants under the Act, FEMA may consider the extent to which a community has complied with these requirements and is working to remedy problems with repeatedly flooded areas. A community that does not comply with these requirements may be subject to appropriate sanctions, including suspension from the National Flood Insurance Program.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Dollar-for-Dollar Deficit Reduction Act''. SEC. 2. AMENDMENT TO TITLE 31. (a) In General.--Subchapter I of chapter 31 of title 31, United States Code, is amended by inserting after section 3101A the following: ``Sec. 3101B. Debt limit control ``(a) Declaration of a Debt Limit Warning.-- ``(1) In general.--In the event of a near breach of the public debt limit established by section 3101, the Secretary of the Treasury shall issue a debt limit warning to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives that shall include a determination as to when extraordinary measures may be necessary in order to prolong the funding of the United States Government. ``(2) Definitions.--In this subsection: ``(A) Extraordinary measures.--The term `extraordinary measures' means measures that may be taken by the Secretary of the Treasury in the event of a breach of the debt limit by the United States to prolong the function of the United States Government in the absence of a debt limit increase. ``(B) Near breach.--The term `near breach' means the point at which the Secretary of the Treasury determines that the United States Government will reach the statutorily prescribed debt limit within 60 calendar days notwithstanding the implementation of extraordinary measures. ``(b) Presidential Submission of Debt Limit Legislation.-- ``(1) Savings recommendations from the president.--Any formal Presidential request to increase the debt limit under this section shall include the amount of the proposed debt limit increase and be accompanied by proposed legislation to reduce spending over the sum of the current and following 10 years by an amount equal to or greater than the amount of the requested debt limit increase. Net interest savings may not be counted towards spending reductions required by this paragraph. ``(2) Calculation.--The spending savings under paragraph (1) shall be calculated against a budget baseline consistent with section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985. This baseline shall exclude the extrapolation of any spending that had been enacted under an emergency designation.''. (b) Subchapter Analysis.--The table of sections for chapter 31 of title 31, United States Code, is amended by inserting after the item for section 3101A the following: ``3101B. Debt limit control.''. SEC. 3. CONGRESSIONAL REQUIREMENT TO RESTRAIN SPENDING WHILE RAISING THE DEBT LIMIT. (a) In General.--Title III of the Congress and Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended by inserting at the end the following: ``SEC. 316. DEBT LIMIT INCREASE POINT OF ORDER. ``(a) In General.-- ``(1) Point of order.--Except as provided in subsection (b), it shall not be in order in the Senate or the House of Representatives to consider any bill, joint resolution, amendment, motion, or conference report that increases the statutory debt limit unless the bill contains net spending reductions of an equal or greater amount over the sum of the current and next 10 fiscal years. Net interest savings may not be counted towards spending reductions required by this paragraph. ``(2) Components of net spending reduction.-- ``(A) Calculation.--The savings resulting from the proposed spending reductions under paragraph (1) shall be calculated by the Congressional Budget Office against a budget baseline consistent with section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985. This baseline shall exclude the extrapolation of any spending that had been enacted under an emergency designation. ``(B) Availability.--The Senate and the House of Representatives may not vote on any bill, joint resolution, amendment, motion, or conference report that increases the public debt limit unless the cost estimate of that measure prepared by the Congressional Budget Office has been publicly available on the Web site of the Congressional Budget Office for at least 24 hours. ``(C) Prohibit timing shifts.--Any provision that shifts outlays or revenues from within the 10-year window to outside the window shall not count towards the budget savings target for purposes of this subsection. ``(b) Senate Supermajority Waiver and Appeal.-- ``(1) Waiver.--In the Senate, subsection (a)(1) may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. ``(2) Appeal.--An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a)(1).''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after section 315 the following new item: ``Sec. 316. Debt limit increase point of order.''.	Dollar-for-Dollar Deficit Reduction Act This bill requires the Department of the Treasury to issue a debt limit warning to Congress if Treasury determines that the United States will reach the statutory debt limit within 60 days. The warning must include a determination of when extraordinary measures may be necessary to prolong the funding of the U.S. government in the absence of a debt limit increase. Any formal Presidential request to increase the debt limit must include: (1) the amount of the proposed increase, and (2) proposed legislation to reduce spending over the sum of the current and following 10 years by at least the amount of the requested increase. The bill amends the Congressional Budget Act of 1974 to create a point of order in the House and Senate against legislation increasing the debt limit, unless the legislation reduces spending over the sum of the current and following 10 years by at least the amount of the increase.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Missisquoi and Trout Wild and Scenic Rivers Act''. SEC. 2. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(208) Missisquoi river and trout river, vermont.--The following segments in the State of Vermont, to be administered by the Secretary of the Interior as a recreational river: ``(A) The 20.5-mile segment of the Missisquoi River from the Lowell/Westfield town line to the Canadian border in North Troy, excluding the property and project boundary of the Troy and North Troy hydroelectric facilities. ``(B) The 14.6-mile segment of the Missisquoi River from the Canadian border in Richford to the upstream project boundary of the Enosburg Falls hydroelectric facility in Sampsonville. ``(C) The 11-mile segment of the Trout River from the confluence of the Jay and Wade Brooks in Montgomery to where the Trout River joins the Missisquoi River in East Berkshire.''. SEC. 3. MANAGEMENT. (a) Management.-- (1) In general.--The river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) shall be managed in accordance with-- (A) the Upper Missisquoi and Trout Rivers Management Plan developed during the study described in section 5(b)(19) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)(19)) (referred to in this section as the ``management plan''); and (B) such amendments to the management plan as the Secretary determines are consistent with this Act and as are approved by the Upper Missisquoi and Trout Rivers Wild and Scenic Committee (referred to in this section as the ``Committee''). (2) Comprehensive management plan.--The management plan, as finalized in March 2013, and as amended, shall be considered to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (b) Committee.--The Secretary shall coordinate management responsibility of the Secretary of the Interior under this Act with the Committee, as specified in the management plan. (c) Cooperative Agreements.-- (1) In general.--In order to provide for the long-term protection, preservation, and enhancement of the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), the Secretary of the Interior may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) (16 U.S.C. 1281(e), 1282(b)(1)) of the Wild and Scenic Rivers Act with-- (A) the State of Vermont; (B) the municipalities of Berkshire, Enosburg Falls, Enosburgh, Montgomery, North Troy, Richford, Troy, and Westfield; and (C) appropriate local, regional, statewide, or multi-state planning or recreational organizations consistent with the management plan. (2) Consistency.--Each cooperative agreement entered into under this section shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (d) Effect on Existing Hydroelectric Facilities.-- (1) In general.--The designation of the river segments by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), does not-- (A) preclude, prohibit, or restrict the Federal Energy Regulatory Commission from licensing, relicensing, or otherwise authorizing the operation or continued operation of the Troy Hydroelectric, North Troy, or Enosburg Falls hydroelectric project under the terms of licenses or exemptions in effect on the date of enactment of this Act; or (B) limit modernization, upgrade, or other changes to the projects described in paragraph (1). (2) Hydropower proceedings.--Resource protection, mitigation, or enhancement measures required by Federal Energy Regulatory Commission hydropower proceedings-- (A) shall not be considered to be project works for purposes of this Act; and (B) may be located within the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)). (e) Land Management.-- (1) Zoning ordinances.--For the purpose of the segments designated in paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), the zoning ordinances adopted by the towns of Berkshire, Enosburg Falls, Enosburgh, Montgomery, North Troy, Richford, Troy, and Westfield in the State of Vermont, including provisions for conservation of floodplains, wetlands, and watercourses associated with the segments, shall be considered to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Acquisitions of land.--The authority of the Secretary to acquire land for the purposes of the segments designated in paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) shall be-- (A) limited to acquisition by donation or exchange; and (B) subject to the additional criteria set forth in the management plan. (3) No condemnation.--The Secretary of the Interior may not acquire by condemnation any land or interest in land within the boundaries of the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)). (4) Written consent of owner required.--No private property or non-Federal public property shall be included within the boundaries of the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) without the written consent of the owner of that property. (f) Relation to National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Missisquoi and Trout Rivers shall not be administered as part of the National Park System or be subject to regulations that govern the National Park System. (g) No Buffer Zone Created.--Nothing in this Act or the Upper Missisquoi and Trout Rivers Management Plan shall be construed to create buffer zones outside the designated river segment boundaries designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)). That activities or uses can be seen, heard, or detected from areas within the designated river segments shall not preclude, limit, control, regulate or determine the conduct of management of activities or uses outside those designated river segments. Passed the House of Representatives September 15, 2014. Attest: KAREN L. HAAS, Clerk.	(This measure has not been amended since it was reported to the House on June 30, 2014. Upper Missisquoi and Trout Wild and Scenic Rivers Act - (Sec. 2) Amends the Wild and Scenic Rivers Act to designate specified segments of the Missisquoi River and Trout River in Vermont as components of the National Wild and Scenic Rivers System. (Sec. 3) Requires the river segments designated by this Act to be managed in accordance with the Upper Missisquoi and Trout Rivers Management Plan and any amendments meeting certain criteria. Requires the Secretary of the Interior to coordinate the management responsibilities with the Upper Missisquoi and Trout Rivers Wild and Scenic Committee. Authorizes the Secretary to enter into cooperative agreements for the protection, preservation, and enhancement of the river segments with: (1) the state of Vermont; (2) specific municipalities; and (3) local, regional, statewide, or multi-state planning, environmental, or recreational organizations. States that the designation of the river segments does not: (1) preclude the Federal Energy Regulatory Commission (FERC) from licensing, relicensing, or otherwise authorizing the operation of specified hydroelectric projects; or (2) limit the modernization, upgrades, or other changes to the projects. Prohibits resource protection, mitigation, or enhancement measures required by FERC hydropower proceedings from being considered project works under this Act. Permits such measures within the segments. Prohibits resource protection, mitigation, or enhancement measures required by FERC hydropower proceedings from being considered project works under this Act. Permits such measures within the segments. Considers zoning ordinances adopted by specific towns as satisfying provisions in the Wild and Scenic Rivers Act that prohibit the Secretary from acquiring lands by condemnation within a designated Wild and Scenic River boundary when certain local zoning ordinances are in place. Limits the authority of the Secretary to acquire lands under this Act to acquisition by donation or exchange and subject to additional management plan criteria. Prohibits the Secretary from acquiring by condemnation any land or interest in land within the boundaries of the river segments designated by this Act. Bars the inclusion of any private or non-federal public property within the boundaries of such river segments without the owner's written consent. Bars the Missisquoi and Trout Rivers from being administered as part of the National Park System. Declares that nothing in this Act or the Upper Missisquoi and Trout Rivers Management Plan shall be construed to create buffer zones outside the river segment boundaries designated by this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Respect Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The dignity, freedom, and equality of all human beings are fundamental to a thriving global community. (2) The rights to life, liberty, and security of the person, the right to privacy, and the right to freedom of expression and association are fundamental human rights. (3) An alarming trend of violence directed at LGBT individuals around the world continues. (4) More than one-third of all countries have laws criminalizing consensual same-sex relations, and countries such as Nigeria, Russia, Uganda, and Kyrgyzstan have recently considered or passed legislation that would further target LGBT individuals. (5) Every year thousands of individuals around the world are targeted for harassment, attack, arrest, and murder on the basis of their sexual orientation or gender identity. (6) Those who commit crimes against LGBT individuals often do so with impunity, and are not held accountable for their crimes. (7) Homophobic and transphobic statements by government officials in many countries in every region of the world promote negative public attitudes and can lead to violence toward LGBT individuals. (8) In many instances police, prison, military, and civilian government authorities have been directly complicit in abuses aimed at LGBT citizens, including arbitrary arrest, torture, and sexual abuse. (9) Celebrations of LGBT individuals and communities, such as film festivals, Pride events, and demonstrations are often forced underground due to inaction on the part of, or harassment by, local law enforcement and government officials, in violation of freedoms of assembly and expression. (10) Laws criminalizing consensual same-sex relations severely hinder access to HIV/AIDS treatment, information, and preventive measures for LGBT individuals and families. (11) Many countries are making positive developments in the protection of the basic human rights of LGBT individuals. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate. (2) Foreign person.--The term ``foreign person'' has the meaning given that term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). (3) Gross violations of internationally recognized human rights.--The term ``gross violations of internationally recognized human rights'' has the meaning given that term in section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)). (4) Person.--The term ``person'' has the meaning given that term in section 591.308 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). (5) United states person.--The term ``United States person'' has the meaning given that term in section 595.315 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). SEC. 4. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR GROSS VIOLATIONS OF HUMAN RIGHTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act and biannually thereafter, the President shall transmit to the appropriate congressional committees a list of each foreign person that the President determines, based on credible information-- (1) is responsible for or complicit in torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trial, causing the disappearance of persons by the abduction and clandestine detention of those persons, and other flagrant denial of the right to life, liberty, or the security of person based on actual or perceived sexual orientation or gender identity; (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); or (3) is responsible for or complicit in inciting a foreign person to engage in an activity described in paragraph (1). (b) Updates.--The President shall transmit to the appropriate congressional committees an update of the list required by subsection (a) as new information becomes available. (c) Guidance Relating to Submission of Certain Information.--The Secretary of State shall issue public guidance, including through United States diplomatic and consular posts, relating to how names of foreign persons who may be included on the list required by subsection (a) may be submitted to the Department of State. (d) Form.-- (1) In general.--The list required by subsection (a) shall be transmitted in unclassified form. (2) Exception.--The name of a foreign person to be included in the list required by subsection (a) may be transmitted in a classified annex only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act; and (C) not later than 15 days before transmitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each foreign person in the classified annex despite any publicly available credible information indicating that the foreign person engaged in an activity described in paragraph (1) or (2) of subsection (a). (3) Consideration of certain information.--In preparing the list required by subsection (a), the President shall consider-- (A) information provided by the Chairperson or Ranking Member of each of the appropriate congressional committees; and (B) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (4) Public availability.--The unclassified portion of the list required by subsection (a) shall be made available to the public and published in the Federal Register. (e) Removal From List.--A foreign person may be removed from the list required by subsection (a) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of the foreign person from the list that-- (1) credible information exists that the foreign person did not engage in the activity for which the foreign person was added to the list; (2) the foreign person has been prosecuted appropriately for the activity in which the foreign person engaged; or (3) the foreign person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activities in which the foreign person engaged, and has credibly committed to not engage in an activity described in paragraph (1) or (2) of subsection (a). (f) Requests by Chairperson or Ranking Member of Appropriate Congressional Committees.-- (1) In general.--Not later than 120 days after receiving a written request from the Chairperson or Ranking Member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria for being added to the list required by subsection (a), the President shall transmit a response to that Chairperson or Ranking Member, as the case may be, with respect to the status of the foreign person at issue. (2) Form.--The President may transmit a response required by paragraph (1) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (3) Removal.-- (A) In general.--If the President removes from the list required by subsection (a) a foreign person that has been placed on the list, the President shall provide the Chairpersons and Ranking Members of the appropriate congressional committees with any information that contributed to such removal decision. (B) Form of information.--The President may transmit the information requested by subparagraph (A) in classified form if the President determines that it is necessary to the national security interests of the United States to do so. (g) Nonapplicability of Confidentiality Requirement With Respect to Visa Records.--The President shall publish the list required by subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS. (a) Ineligibility for Visas and Admission to the United States.--An individual who is a foreign person on the list required by section 4(a) is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States. (b) Current Visas Revoked and Removal From United States.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of an individual who would be ineligible to receive such a visa or documentation under subsection (a), and the Secretary of Homeland Security shall remove from the United States such an individual. (c) Waiver for National Security Interests.-- (1) In general.--The Secretary of State and the Secretary of Homeland Security, in consultation with the President, may waive the application of subsection (a) or (b), as the case may be, in the case of an individual if-- (A) the Secretaries determine that such a waiver-- (i) is necessary 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, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States; and (B) before granting the waiver, the Secretaries provide to the appropriate congressional committees notice of, and a justification for, the waiver. (2) Timing for notice of certain waivers.--In the case of a waiver under clause (ii), the Secretaries shall submit the notice required by subparagraph (B) of such paragraph not later than 15 days before granting the waiver. (d) Regulatory Authority.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security shall prescribe such regulations as are necessary to carry out this section. SEC. 6. REPORT TO CONGRESS. Not later than one year after the date of the enactment of this Act and annually thereafter, the President, acting through the Secretary of State, shall submit to the appropriate congressional committees a report on-- (1) the actions taken to carry out this Act, including-- (A) the number of foreign persons added to or removed from the list required by section 4(a) during the year preceding each report, the dates on which those persons were added or removed, and the reasons for adding or removing those persons; and (B) an analysis that compares increases or decreases in the number of such persons year-over-year and the reasons therefor; and (2) efforts by the executive branch to coordinate with the governments of other countries to, as appropriate, impose sanctions that are similar to the sanctions imposed under this Act. SEC. 7. DISCRIMINATION RELATED TO SEXUAL ORIENTATION OR GENDER IDENTITY. (a) Tracking Violence or Criminalization Related to Sexual Orientation or Gender Identity.--The Assistant Secretary of State for Democracy, Human Rights and Labor shall designate a Bureau-based senior officer or officers who shall be responsible for tracking violence, criminalization, and restrictions on the enjoyment of fundamental freedoms, in foreign countries based on actual or perceived sexual orientation or gender identity. (b) Annual Country Reports on Human Rights Practices.--The Foreign Assistance Act of 1961 is amended-- (1) in section 116(d) (22 U.S.C. 2151n(d))-- (A) in paragraph (11)(C), by striking ``and'' at the end; (B) in paragraph (12)-- (i) in subparagraph (B), by striking ``and'' at the end; and (ii) in subparagraph (C)(ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(13) wherever applicable, violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly of an individual in foreign countries that is based on actual or perceived sexual orientation or gender identity.''; and (2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting after the ninth sentence the following new sentence: ``Wherever applicable, such report shall also include information regarding violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly of an individual in foreign countries that is based on actual or perceived sexual orientation or gender identity.''.	Global Respect Act This bill directs the President to submit to Congress, biannually, a list of each foreign person that the President determines is responsible for or complicit in, or who acted as an agent for a foreign person in a mater relating to, torture, cruel treatment, prolonged detention, or other gross violations of internationally recognized human rights committed against an individual in a foreign country based on actual or perceived sexual orientation or gender identity. A listed person: (1) may be removed from the list under specified conditions; (2) is ineligible to enter or be admitted to the United States, or (3) if in the United States, shall have his or her visa revoked and be removed. The Department of State and the Department of Homeland Security may waive such prohibition if such waiver is in U.S. national security interests or is necessary for compliance with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters. Congressional notification is required prior to any such waiver. The Assistant Secretary for Democracy, Human Rights and Labor shall designate a senior officer or officers to track violence, criminalization, and restrictions on fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity. The Foreign Assistance Act of 1961 is amended to require the annual country reports on human rights practices to include information on sexual orientation or gender identity violence or restrictions.
SECTION 1. NONRECOGNITION OF GAIN ON QUALIFIED SALES OF TELECOMMUNICATIONS BUSINESSES. (a) In General.--Subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to gain or loss on disposition of property) is amended by inserting after part IV the following new part: ``PART V--CERTAIN SALES OF TELECOMMUNICATIONS BUSINESSES ``Sec. 1071. Nonrecognition of gain on certain sales of telecommunications businesses. ``SEC. 1071. NONRECOGNITION OF GAIN ON CERTAIN SALES OF TELECOMMUNICATIONS BUSINESSES. ``(a) In General.--In the case of any qualified telecommunications sale, at the election of the taxpayer, such sale shall be treated as an involuntary conversion of property within the meaning of section 1033. ``(b) Limitation on Amount of Gain on Which Tax May Be Deferred.-- The amount of gain on any qualified telecommunications sale which is not recognized by reason of this section shall not exceed $50,000,000. ``(c) Qualified Telecommunications Sale.--For purposes of this section, the term `qualified telecommunications sale' means any sale to a qualified business of-- ``(1) the assets of a telecommunications business, or ``(2) stock in a corporation if, immediately after such sale-- ``(A) the qualified business controls (within the meaning of section 368(c)) such corporation, and ``(B) substantially all of the assets of such corporation are assets of 1 or more telecommunications businesses. ``(d) Qualified Business.--For purposes of this section-- ``(1) In general.--The term `qualified business' means-- ``(A) in the case of a telecommunications sale which includes the sale of any interest in a broadcast station (as defined in section 3(5) of the Communications Act of 1934), any person if-- ``(i) such person owns, directly or indirectly, a qualified interest in 10 or fewer broadcast stations (as so defined), and ``(ii) the fair market value of the aggregate interests of such person in broadcast stations (as so defined) is equal to or greater than 50 percent of the net assets of such entity, and ``(B) in the case of any other telecommunications sale-- ``(i) any individual, and ``(ii) any partnership or corporation if-- ``(I) the net assets of such entity do not exceed $30,000,000, and ``(II) the average after-tax income of such entity for the preceding 2 taxable years does not exceed $10,000,000. ``(2) Qualified interest in broadcast stations.--An interest in a broadcast station shall be treated as qualified if such interest represents 50 percent or more of the total assets of the station. ``(3) Each business limited to 3 purchases.--A person shall not be a qualified business with respect to a qualified telecommunications sale if such person (or any predecessor) was the purchaser in more than 2 prior qualified telecommunications sales for which an election under this section was made by the seller. ``(4) Special rules for qualified business determination.-- For purposes of paragraph (1)-- ``(A) Net assets.--The term `net assets' means the excess of the aggregate gross assets (as defined in section 1202(d)(2)) of the entity over the indebtedness of such entity. ``(B) After-tax income.--The term `after-tax income' means taxable income reduced by the net income tax for the taxable year. For purposes of the preceding sentence, the term `net income tax' means the tax imposed by this chapter reduced by the sum of the credits allowable under part IV of subchapter A of this chapter. Rules similar to the rules of subparagraphs (A), (B), and (D) of section 448(c)(3) shall apply in determining average after-tax income. ``(5) Aggregation rules.--For purposes of this subsection, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person. ``(e) Telecommunications Business.--The term `telecommunications business' means any business providing communication services by wire, cable, radio, satellite, or other technology if the providing of such services is governed by the Communications Act of 1934 or the Telecommunications Act of 1996. ``(f) Special Rules.-- ``(1) In general.--In applying section 1033 for purposes of subsection (a) of this section, stock of a corporation operating a telecommunications business, whether or not representing control of such corporation, shall be treated as property similar or related in service or use to the property sold in the qualified telecommunications sale. ``(2) Election to reduce basis rather than recognize remainder of gain.--If-- ``(A) a taxpayer elects the treatment under subsection (a) with respect to any qualified telecommunications sale, and ``(B) an amount of gain would (but for this paragraph) be recognized on such sale other than by reason of subsection (b), then the amount of such gain shall not be recognized to the extent that the taxpayer elects to reduce the basis of depreciable property (as defined in section 1017(b)(3)) held by the taxpayer immediately after the sale or acquired in the same taxable year. The manner and amount of such reduction shall be determined under regulations prescribed by the Secretary. ``(3) Basis.--For basis of property acquired on a sale or exchange treated as an involuntary conversion under subsection (a), see section 1033(b). ``(g) Recapture of Tax Benefit if Telecommunications Business Resold Within 5 Years, Etc.-- ``(1) In general.--If, within 5 years after the date of any qualified telecommunications sale, there is a recapture event with respect to the property involved in such sale, then the purchaser's tax imposed by this chapter for the taxable year in which such event occurs shall be increased by 20 percent of the lesser of the consideration furnished by the purchaser in such sale or the dollar limitation of subsection (b). ``(2) Exception for reinvested amounts.--Paragraph (1) shall not apply to any recapture event which is a sale if-- ``(A) the sale is a qualified telecommunications sale, or ``(B) during the 60-day period beginning on the date of such sale, the taxpayer is the purchaser in another qualified telecommunications sale in which the consideration furnished by the taxpayer is not less than the amount realized on the recapture event sale. ``(3) Recapture event.--For purposes of this subsection, the term `recapture event' means, with respect to any qualified telecommunications sale-- ``(A) any sale or other disposition of the assets or stock referred to in subsection (c) which were acquired by the taxpayer in such sale, and ``(B) in the case of a qualified telecommunications sale described in subsection (c)(2)-- ``(i) any sale or other disposition of a telecommunications business by the corporation referred to in such subsection, or ``(ii) any other transaction which results in the qualified business not having control (as defined in subsection (c)(2)(A)) of such corporation. Such term shall not include any sale or other disposition resulting from the default, or imminent default, of any indebtedness of the taxpayer.'' (b) Clerical Amendment.--The table of parts for subchapter O of chapter 1 of such Code is amended by inserting after the item relating to part IV the following new item: ``Part V. Certain Sales of Telecommunications Businesses''. (c) Effective Date.--The amendments made by this section shall apply to sales in taxable years beginning after the date of the enactment of this Act. SEC. 2. LOAN GUARANTEE PROGRAM TO ENCOURAGE DIVERSITY OF OWNERSHIP OF TELECOMMUNICATIONS BUSINESSES. (a) In General.--The Administrator of the Small Business Administration may guarantee any loan made to a qualified business for the purchase of assets or stock described in section 1071(c) of the Internal Revenue Code of 1986 (relating to qualified telecommunications sale). (b) Limitations.-- (1) Security.--The Administrator shall not guarantee any loan under subsection (a) unless the guaranteed portion of such loan is secured by a first lien position or first mortgage on the stock or assets financed by the loan. (2) Guarantee percentage.--The amount of any loan guaranteed by the Administrator under subsection (a) shall not exceed 95 percent of the balance of the financing outstanding at the time of disbursement of the loan. (3) Fees.--With respect to each loan guaranteed under subsection (a) (other than a loan that is repayable in 1 year or less), the Administrator may collect a guarantee fee, which shall be payable by the participating lender, and may be charged to the borrower. (4) Forfeiture of fcc license.--The Administrator shall not guarantee any loan under subsection (a) unless such loan provides that any license issued by the Federal Communications Commission to the borrower shall be returned and forfeited by the borrower to the Federal Communications Commission immediately upon a finding by the Administrator that such borrower is in default under such loan. (c) General Authority.--For purposes of carrying out this section, the Administrator may-- (1) enter into contracts with private and Federal entities for professional and other services; (2) enter into memorandums of understanding with other Federal agencies; and (3) issue regulations, including regulations regarding-- (A) notice of and opportunity to cure a default; (B) procedures related to foreclosure; and (C) such other matters as the Administrator considers appropriate. (d) Definitions.--For purposes of this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Qualified business.--The term ``qualified business'' has the meaning given such term in section 1071(d) of the Internal Revenue Code of 1986. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.	Amends the Internal Revenue Code to allow the nonrecognition of up to $50 million of gain (for capital gains tax purposes) from the sale of a telecommunications business to a qualified business. Defines "qualified business" to mean: (1) for a telecommunications sale including any interest in a broadcast station, any person that owns, directly or indirectly, a 50 percent or greater interest in ten or fewer broadcast stations; and (2) for any other telecommunications sale, any individual, partnership, or corporation with net assets not exceeding $30 million and average after-tax income for the two preceding taxable years of not more than $10 million. Restricts to three the number of telecommunications sales a qualified business may complete without forfeiting tax deferral. Requires the recapture of deferred gain if a qualified business resells a telecommunications business within five years, unless the resale is to another qualified business or the sales proceeds are reinvested in another telecommunications business within 60 days of the resale. Authorizes the Small Business Administration to guarantee loans made to a qualified business for the purchase of a telecommunications business. Requires security for such loans, including forfeiture of any Federal Communications Commission license of a borrower who defaults on a loan.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bring Our Children Home Act''. SEC. 2. AMENDMENT TO THE MISSING CHILDREN'S ASSISTANCE ACT. Section 403(1) of the Missing Children's Assistance Act (42 U.S.C. 5772(1)) is amended-- (1) in the matter preceding subparagraph (A) by striking ``whose whereabouts are unknown to such individual's legal custodian if'', (2) in subparagraphs (A), (B), and (C)-- (A) by redesignating such subparagraphs as clauses (i), (ii), and (iii), respectively, and (B) by indenting the left margin of such subparagraphs 2 ems to the right, (3) by inserting before clause (i), as so redesignated, the following: ``(A) whose whereabouts is unknown to such individual's legal custodian if--'', and (4) by adding at the end the following: ``(B) whose whereabouts is known to such individual's legal custodian from whose control such child-- ``(i) was removed in violation of law; or ``(ii) is believed by such custodian to have been taken out of the United States without the consent of such custodian by, or for the benefit of, an individual who may possibly claim custodial rights with respect to such child;''. SEC. 3. INVESTIGATIVE ASSISTANCE TO LAW ENFORCEMENT AGENCIES TO LOCATE ALIEN CHILDREN MISSING IN THE UNITED STATES. The Attorney General shall make available to State and local law enforcement agencies, information describing the methods and procedures available to them to institute or assist an investigative search for an alien child who is believed to be in the United States and who is the subject of-- (1) an application under the Hague Convention on the Civil Aspects of International Parental Child Abduction, or (2) an Interpol yellow notice. SEC. 4. STATE REQUIREMENTS. Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended-- (1) in paragraph (2) by striking ``and'' at the end, and (2) in paragraph (3)-- (A) in subparagraph (B) by striking ``and'' at the end, (B) in subparagraph (C) by striking the period at the end and inserting ``; and'', and (C) by inserting after subparagraph (C) the following: ``(D) a statement specifying whether the child is believed to have been taken outside of the United States;''. SEC. 5. AMENDMENTS TO INTERNATIONAL CHILD ABDUCTION REMEDIES ACT. (a) Legal Assistance, Technical Assistance, and Training.--Section 7 of the International Child Abduction Remedies Act (42 U.S.C. 11606) is amended by adding at the end the following new subsections: ``(g) Legal Assistance for Victims of Parental Kidnapping Grants.-- ``(1) Funding to legal services providers.--The United States Central Authority shall establish a program to provide funding to legal services providers, including private attorneys, public officials acting pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, legal aid programs, and law school clinical programs, to provide direct legal or advocacy services on behalf of persons seeking remedies under the Convention, or other civil or criminal remedies in interstate or international parental kidnapping cases. ``(2) Training and technical assistance.--The United States Central Authority, directly or through grants, shall provide training and technical assistance to recipients of funds under paragraph (1) to improve their capacity to offer legal assistance described in paragraph (1). ``(h) Technical Assistance.--The United States Central Authority shall encourage the Chief Justice of every State and the District of Columbia to designate a single court, or a limited number of courts, in which cases brought under the Convention may be heard. The United States Central Authority may provide technical assistance (including computers and Internet access) as necessary to foster consolidation of jurisdiction and implementation of the Convention, consistent with the purposes of the Convention. ``(i) Training.--The United States Central Authority shall provide or promote training of State court judges, lawyers, and law students on the civil and criminal laws pertaining to interstate and international parental kidnapping. To carry out this subsection, the United States Central Authority may make available funds under subsection (e) to State judicial educators, national, State, and local bar associations, and law schools. The United States Central Authority shall require recipients of such funds to report on the training programs they present, including the number of participants.''. (b) Legal Services Corporation.--The Legal Services Corporation may use funds made available to the Corporation for programs to represent aliens in proceedings brought in the United States under the Convention-- (1) if the individuals to whom the representation is provided otherwise meet the criteria of the Corporation for eligible clients under the Legal Services Corporation Act; and (2) whether or not such individuals are resident in the United States. (c) Court Costs.--Section 8(b) of the International Child Abduction Remedies Act (42 U.S.C. 11607(b)) is amended to read as follows: ``(b) Costs Incurred in Civil Actions.-- ``(1) Payment of court costs by central authority.--The Central Authority shall establish a program under which it provides, directly to the court or to petitioners and respondents, the funds necessary to pay the court costs of petitioners and respondents in actions brought under section 4, including court fees and the cost of translation services, expert witness testimony, and transcription services. ``(2) Costs of legal counsel and travel.-- Petitioners may be required to bear the costs of legal counsel or advisors and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (3) and (4). ``(3) Payments from other sources.--Subject to paragraph (4), legal fees incurred in connection with an action brought under section 4 shall be borne by the petitioner unless they are covered by payments from Federal, State, or local legal assistance or other programs. ``(4) Costs borne by petitioner.--Any court ordering the return of a child pursuant to an action brought under section 4 shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner (other than court costs for which the Central Authority pays under paragraph (1)), including legal fees, foster home or other care during the course of proceedings in the action, and transportation costs related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate.''. (d) Federal Judicial Center.--Section 620 of title 28, United States Code, is amended by adding at the end the following: ``(c) Continuing Education and Training Programs.--The Center shall include in its continuing education and training programs under subsection (b)(3), including the training programs for newly appointed judges, information on the Hague Convention on the Civil Aspects of International Child Abduction, the International Child Abduction Remedies Act, the International Parental Kidnapping Crime Act of 1993, and other Federal statutes pertaining to parental kidnapping within the jurisdiction of the Federal courts, and shall prepare materials necessary to carry out this subsection.''. SEC. 6. REPORTS RELATING TO INTERNATIONAL CHILD ABDUCTION. (a) Report on Progress in Negotiating Bilateral Treaties With Non- Hague Convention Countries.--The Secretary of State shall prepare and submit to the Congress an annual report on progress made by the United States in negotiating and entering into bilateral treaties (or other international agreements) relating to international child abduction with countries that are not contracting parties to the Hague Convention on the Civil Aspects of International Child Abduction. (b) Report on Human Rights Practices.--(1) Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended-- (A) in paragraph (7), by striking ``and'' at the end and inserting a semicolon; (B) in paragraph (8), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(9) the status of efforts in each country to prohibit international child abduction, including-- ``(A) efforts to expedite the return of children to the country of their habitual residence; and ``(B) the extent to which the country respects the rights of custody and of access under the laws of other countries.''. (2) Section 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended by inserting after the sixth sentence the following: ``Each report under this section shall include information on the status of efforts in each country to prohibit international child abduction, including efforts to expedite the return of children to the country of their habitual residence and the extent to which the country respects the rights of custody and of access under the laws of other countries.''. (c) Report on Enforcement of Section 1204 of Title 18, United States Code.--The Attorney General, in consultation with the Secretary of State, shall prepare and submit to the Congress an annual report that contains a description of the status of each case involving a request during the preceding year for extradition to the United States of an individual alleged to have violated section 1204 of title 18, United States Code. SEC. 7. STUDY ON COOPERATION OF AIRLINE INDUSTRY. (a) Study.--The Secretary of Transportation shall conduct a study of-- (1) the extent to which the domestic and foreign airline industries cooperate with the investigation of international child abduction cases, including cooperation with the Department of State, the Department of Justice, and the National Center for Missing & Exploited Children; and (2) any practices and procedures necessary to improve the ability of the domestic and foreign airline industries to cooperate with the investigation of international child abduction cases. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Transportation shall submit to Congress a report on the results of the study conducted under subsection (a). SEC. 8. ADDITIONAL FUNDS FOR THE INVESTIGATION AND PROSECUTION OF PARENTAL KIDNAPPING. In addition to funds otherwise authorized to be appropriated for the activities described in this section, there are authorized to be appropriated to the Child Exploitation and Obscenity Section of the Department of Justice for each of the fiscal years 2009 through 2012 such sums as may be necessary for the investigation and prosecution of violations of section 1204 of title 18, United States Code. SEC. 9. AUTHORIZATION OF FUNDS FOR EXTRADITION. There are authorized to be appropriated for each of fiscal years 2009 through 2012 such funds as may be necessary for the costs of extraditing individuals from foreign countries to the United States for violations of laws in the United States by reason of unlawfully removing a child from the child's custodial parent. SEC. 10. GRANTS FOR TRAVEL COSTS ASSOCIATED WITH THE SAFE RETURN OF ABDUCTED CHILDREN. (a) Program Authorized.--The Director of the Office of Victims of Crime of the Department of Justice shall, subject to the availability of appropriations, establish a Victim Travel in International Reunification Cases program to award grants to the National Center for Missing & Exploited Children to reimburse parents, guardians, law enforcement, and other individuals, as appropriate, for travel costs related to the safe return of children from the United States who have been abducted and taken to foreign countries. (b) Use of Grant Funds.--Travel costs under subsection (a) that are reimbursed using funds under this section may include airfare and daily subsistence costs, including lodging, meals, and ground transportation. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $250,000 for each of the fiscal years 2009 through 2012.	Bring Our Children Home Act - Amends the Missing Children's Assistance Act to expand the definition of "missing child." Requires the Attorney General to provide state and local law enforcement agencies with information for locating a child from a foreign country who has been abducted and is believed to be in the United States. Amends the Crime Control Act of 1990 to require state missing children reports to include a statement specifying whether a missing child is believed to have been taken outside of the United States. Amends the International Child Abduction Remedies Act to provide funding for legal and technical assistance and training relating to international child abduction. Amends the Foreign Assistance Act of 1961 to require the Secretary of State to report to Congress on the efforts of foreign countries to prohibit international child abduction. Requires the Secretary of Transportation to study and report to Congress on the cooperation of domestic and foreign airlines with the investigation of international child abduction cases. Authorizes additional funds for the investigation and prosecution of international parental kidnapping and for the extradition of individuals from foreign countries to the United States for violations of child abduction laws. Establishes a grant program to reimburse travel costs related to the return of abducted children to the United States.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrea Sloan Compassionate Use Reform and Enhancement Act'' or the ``Andrea Sloan CURE Act''. SEC. 2. EXPANDED ACCESS POLICY AS CONDITION OF EXPEDITED APPROVAL. Section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection: ``(d) Expanded Access Policy Required for Covered Breakthrough Drugs.-- ``(1) In general.--With respect to a qualified breakthrough drug, not later than 30 days after the date on which the drug meets the definition of a covered breakthrough drug (as specified in paragraph (2)), the sponsor of the covered breakthrough drug shall submit to the Secretary and make publicly available the policy of the sponsor with respect to requests submitted under subsection (b). In the case of such a policy under which the sponsor accepts such requests, such policy shall include-- ``(A) a single point of contact who receives and processes such requests; ``(B) procedures for making such requests; ``(C) the minimum criteria for the sponsor's consideration or approval of such requests; and ``(D) the amount of time the sponsor anticipates will be necessary to make a decision on such requests. ``(2) Covered breakthrough drug.--In this subsection, the term `covered breakthrough drug' means a drug-- ``(A) that is designated as a breakthrough therapy or as a fast track product or is approved under accelerated approval under section 506; ``(B) that is designated under section 505E(d) as a qualified infectious disease product; or ``(C) the sponsor of which is awarded a priority review voucher under section 524 or 529.''. SEC. 3. NOTIFICATION OF SUBMITTERS OF COMPASSIONATE USE REQUESTS. Section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb), as amended by section 2, is further amended-- (1) by redesignating subsections (e) and (f) (as redesignated by section 2(1)) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) (as inserted by section 2(2)) the following new subsection: ``(e) Notification of Submitters of Requests.--In the case of the denial by a manufacturer or distributor of a request under subsection (b), not later than 5 days after the date of such denial, the manufacturer or distributor, as applicable, shall submit to the person (or physician) who made the request written notice of the denial, including an explanation for the denial.''. SEC. 4. GAO QUALITATIVE ANALYSIS ON INDIVIDUAL PATIENT ACCESS TO UNAPPROVED THERAPIES AND DIAGNOSTICS. Not later than 180 days after the date of the enactment of this Act and each year thereafter, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report containing a qualitative analysis of the extent to which individual patients have access to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) and recommendations for improving such access. In preparing such report, the Comptroller General shall conduct a qualitative analysis of the following: (1) Whether there are any identifiable patterns in requests submitted under subsection (b) of such section, such as the types of indications for which requests for individual patient access are sought or the reasons for the denial of such requests. (2) What the primary barriers are to drug sponsors granting requests for individual patient access. (3) How the Secretary evaluates safety and efficacy data submitted in connection with such requests. (4) The amount of time that-- (A) a physician typically takes to complete the paperwork necessary to make such a request; (B) a drug sponsor takes to process such a request and to issue a decision with respect to the request; and (C) the Secretary takes to process such a request and to issue a decision with respect to the request. (5) How regulations, guidance, policies, or practices may be modified, streamlined, expanded, or discontinued to reduce or prevent delays in approving such requests. (6) The number of such requests that, for the period covered by the report-- (A) were approved by drug sponsors and the Food and Drug Administration; (B) were approved by drug sponsors but denied by the Food and Drug Administration; and (C) were denied by drug sponsors. (7) How to encourage drug sponsors to grant requests for expanded access under such section 561, including requests for emergency use, intermediate-size patient populations, and large patient populations under a specified indication. (8) Whether and to what extent adverse events reported to the Secretary as a result of individual use of an investigational drug or investigational device under such section 561 affected the development or approval of any drug or device. SEC. 5. EXPANDED ACCESS TASK FORCE. (a) Establishment.--The Secretary of Health and Human Services shall establish a task force within the Department of Health and Human Services to explore mechanisms for improving the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb), to be known as the ``Expanded Access Task Force'' (in this section referred to as the ``Task Force''). Not later than 90 days after the date on which the Comptroller General of the United States submits the first report required under section 4, the Task Force shall be convened. (b) Membership.-- (1) Composition.--The Task Force shall be composed of not more than 9 voting members appointed as follows: (A) One member to serve as Chairman of the Task Force, appointed by the Speaker of the House of Representatives. (B) One representative from the Department of Health and Human Services, appointed by the Secretary of Health and Human Services. (C) Four representatives appointed by the Majority Leader of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, and the Chairman and the Ranking Member of the Committee on Energy and Commerce of the House of Representatives, including-- (i) one representative of a biopharmaceutical company of less than 250 full-time employees; (ii) one representative of the rare disease patient community; (iii) one representative of the health care provider community; and (iv) one bioethicist. (D) Three representatives appointed by Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, and the Chairman and the Ranking Member of the Health, Education, Labor and Pensions Committee of the Senate, including-- (i) one representative of the biopharmaceutical industry; (ii) one representative of the patient community; and (iii) one representative of the health care payor community. (2) Compensation.--Members of the Task Force shall serve without compensation. (c) Duties.--The Task Force shall comprehensively evaluate the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb), taking into account-- (1) the unique challenges faced by children with likely fatal diseases for which there is not a comparable or satisfactory alternative therapy available; (2) possible incentives for biopharmaceutical companies and providers to approve requests submitted under such subsection; (3) how the Secretary of Health and Human Services interprets and takes into consideration adverse event data reported in the case of data from use under a request submitted under such subsection; (4) ways to streamline and standardize the process for submitting requests under such subsection; and (5) the costs incurred by biopharmaceutical companies for the time, effort, and delivery of investigational drugs to patients for the diagnosis, monitoring, or treatment of a serious disease or condition under such subsection. (d) Report.--Not later than 180 days after the date on which the Task Force is convened, the Task Force shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report in an electronic format describing the specific recommendations of the Task Force for improving the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb). (e) Termination.--The task force shall terminate upon submission of the report required under subsection (d). SEC. 6. FINALIZING DRAFT GUIDANCE ON EXPANDED ACCESS. (a) In General.--Not later than 180 days after the date on which the Expanded Access Task Force established under section 5 submits the report under subsection (d) of such section, the Secretary of Health and Human Services shall finalize the draft guidance entitled ``Expanded Access to Investigational Drugs for Treatment Use--Qs & As'' and dated May 2013. (b) Contents.--The final guidance referred to in subsection (a) shall-- (1) clearly define how the Secretary interprets and uses adverse drug event data reported by investigators in the case of data reported from use under a request submitted under section 561(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb(b)); and (2) take into account the report of the Expanded Access Task Force submitted under section 5(d) and the first report of the Comptroller General of the United States submitted under section 4.	Andrea Sloan Compassionate Use Reform and Enhancement Act or the Andrea Sloan CURE Act - Amends the Federal Food, Drug, and Cosmetic Act to require the sponsor of a “breakthrough drug” (which is a drug that qualifies for expedited approval, is an infectious disease product, or qualifies the sponsor for a priority review voucher) to submit to the Secretary of Health and Human Services (HHS) and make available to the public a policy on requests for access to the drug for compassionate use, including the minimum criteria for consideration or approval of requests and the time needed to make a decision. Requires a breakthrough drug sponsor to explain a denied request for compassionate use to the person who made the request. Directs HHS to establish an Expanded Access Task Force. Requires the Task Force and the Government Accountability Office (GAO) to evaluate patient access to investigational drugs and make recommendations for improving access. Directs HHS to finalize the draft guidance entitled “Expanded Access to Investigational Drugs for Treatment Use--Qs & As,” taking into account reports from the Task Force and GAO.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mount St. Helens National Volcanic Monument Completion Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Act entitled ``An Act to designate the Mount St. Helens National Volcanic Monument in the State of Washington, and for other purposes'', approved August 26, 1982 (96 Stat. 301; 16 U.S.C. 431 note), required the United States to acquire all land and interests in land in the Mount St. Helens National Volcanic Monument; (2) the Act directed the Secretary of Agriculture to acquire the surface interests and the mineral and geothermal interests by separate exchanges and expressed the sense of Congress that the exchanges be completed by November 24, 1982, and August 26, 1983, respectively; and (3) the surface interests exchange was consummated timely, but the exchange of all mineral and geothermal interests has not yet been completed a decade and a half after the Act's enactment. (b) Purpose.--The purpose of this Act is to provide for the expeditious completion of the previously mandated Federal acquisition of private mineral and geothermal interests within the Mount St. Helens National Volcanic Monument. SEC. 3. ACQUISITION OF MINERAL RIGHTS WITHIN THE NATIONAL VOLCANIC MONUMENT. Section 3 of the Act entitled ``An Act to designate the Mount St. Helens National Volcanic Monument in the State of Washington, and for other purposes'', approved August 26, 1982 (96 Stat. 302; 16 U.S.C. 431 note), is amended-- (1) in subsection (a), by striking ``and except that the Secretary may acquire mineral and geothermal interests only by exchange. It is the sense of the Congress that in the case of mineral and geothermal interests such exchanges should be completed within one year after the date of enactment of this Act''; and (2) by adding at the end the following: ``(g) Expeditious Completion of Mineral and Geothermal Interests.-- ``(1) Definition of holder.--In this subsection, the term `holder' means a company, or its successor, referred to in subsection (c). ``(2) In general.--Within the period described in paragraph (7), the Secretary of the Interior shall acquire by exchange the mineral and geothermal interests in the Monument of each holder. ``(3) Monetary credits.-- ``(A) Issuance.--In exchange for the mineral and geothermal interests acquired by the Secretary of the Interior from a holder under paragraph (2), the Secretary of the Interior shall issue to the holder monetary credits that may be exercised by the holder for payment of-- ``(i) not more than 50 percent of the bonus or other payments made by successful bidders in any sales of mineral, oil, gas, or geothermal leases under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), or the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); or ``(ii) not more than 50 percent of any royalty, rental, or advance royalty payment made to the United States to maintain any mineral, oil or gas, or geothermal lease issued under the Acts listed in clause (i). ``(B) Value of credits.--The credits issued under subparagraph (A) shall equal the fair market value of all mineral and geothermal interests conveyed in the exchange as determined under paragraph (4). ``(C) Acceptance of credits.--The Secretary of the Interior shall accept credits issued under subparagraph (A) in the same manner as cash for the payments described in subparagraph (A). The use and exercise of the credits shall be subject to the laws (including regulations) governing such payments, to the extent the laws are consistent with this subsection. ``(D) Treatment of credits for distribution to states.--All amounts in the form of credits accepted by the Secretary of the Interior under subparagraph (C) for the payments described in subparagraph (A) shall be considered to be money received for the purpose of section 35 of the Mineral Leasing Act (30 U.S.C. 191) and section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 1019). ``(4) Valuation of interests.-- ``(A) In general.--Not later than 120 days after the date of enactment of this subsection, the mineral and geothermal interests to be conveyed by each holder in the exchanges required by paragraph (2) shall be valued by one of the following methods, as selected by the Secretary of the Interior: ``(i) Use of appraisal report.--The 1982 value established by the report of the third party appraisal completed on September 11, 1991, shall be adjusted to reflect changes in the consumer price index for all urban consumers published by the Department of Labor as of the date on which the exchange is to be consummated pursuant to paragraph (7), or such other value as shall be mutually agreed to by the Secretary of the Interior and the holders not later than 30 days after the date of enactment of this subsection. ``(ii) New appraisal.-- ``(I) Selection of appraiser.--Not later than 30 days after the date of enactment of this subsection, the Secretary of the Interior and the holders shall mutually agree on the selection of a qualified appraiser to conduct an appraisal of the mineral and geothermal interests. ``(II) No agreement on appraiser.-- If no appraiser is mutually agreed to under subclause (I), not later than 60 days after the date of enactment of this subsection-- ``(aa) the Secretary of the Interior and the holders shall each designate a qualified appraiser; and ``(bb) the two designated appraisers shall select a third qualified appraiser to perform the appraisal with the advice and assistance of the designated appraisers and in accordance with the instructions that were mutually agreed on for the September 11, 1991, third part appraisal. ``(III) Date of valuation.--The value of the mineral and geothermal interests to be conveyed by each holder shall be calculated as of August 26, 1982, adjusted to reflect changes in the consumer price index for all urban consumers published by the Department of Labor as of the date on which the exchange is to be consummated pursuant to paragraph (7). ``(IV) Costs.--The Secretary of the Interior shall bear the costs of the process established by this clause. ``(B) Timely appraisal report.--The appraisal report resulting from subparagraph (A) shall be presented to the Secretary of the Interior timely to permit the Secretary of the Interior to determine the value of the mineral and geothermal interests to be conveyed by each holder. Not later than the date that is 180 days after the date of enactment of this subsection, the Secretary of the Interior shall notify each holder of the determination. ``(C) Failure of process.--If the Secretary of the Interior fails to make a determination under subparagraph (B) by the date that is 180 days after the date of enactment of this subsection or if any holder does not agree with the value determined by the Secretary of the Interior under subparagraph (B), one or more of the holders may petition the United States Court of Federal Claims for a determination of the value of the mineral and geothermal interests to be conveyed by the holders in accordance with this subsection. Subject to the right of appeal, a determination by the Court shall be binding for purposes of this subsection on all parties. ``(5) Exchange account.-- ``(A) In general.--Notwithstanding any other provision of law, not later than 30 days after the completion of each exchange with a holder required by this subsection, the Secretary of the Interior shall establish, with the Minerals Management Service of the Department of the Interior, an exchange account for the holder for monetary credits described in paragraph (3). ``(B) Initial balance.--The initial balance of credits in each holder's account shall be equal to the value as determined under paragraph (4) of the mineral and geothermal interests conveyed by the holder in the exchange. ``(C) Use of credits.--The balance of credits in a holder's account shall be available to the holder or its assigns for the purposes of paragraph (3). The Secretary of the Interior shall adjust the balance of credits in the account to reflect payments made pursuant to paragraph (3). ``(D) Transfer of credits.-- ``(i) In general.--A holder may transfer or sell any credits in the holder's account to another person. ``(ii) Use of transferred credits.--Credits transferred under clause (i) may be used in accordance with this subsection only by a person that is qualified to bid on, or that holds, a mineral, oil, or gas lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), or the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). ``(iii) Notification.--A holder shall notify the Secretary of the Interior of any transfer or sale under this subparagraph promptly after the transfer or sale. ``(E) Time limit on use of credits.--On the date that is 5 years after an account is created under subparagraph (A), the Secretary of the Interior shall terminate the account and any remaining credits in the account shall become unusable. ``(6) Title to interests.--On the date of the establishment of an exchange account for a holder under paragraph (5)(A), title to any mineral and geothermal interests that are held by the holder and are to be acquired by the Secretary of the Interior under paragraph (2) shall transfer to the United States. ``(7) Completion of exchanges.--The Secretary of the Interior shall complete the exchanges under paragraph (2) not later than 180 days after the date of enactment of this subsection or as soon as practicable after completion of the process described in paragraph (4)(C).''. Passed the Senate July 17, 1998. Attest: GARY SISCO, Secretary.	Mount St. Helens National Volcanic Monument Completion Act - Revises existing law to require the Secretary of the Interior to acquire, by exchange, the mineral and geothermal interests of each holder (the Burlington Northern, Incorporated or the Weyerhaeuser Company) in the Mount St. Helens National Volcanic Monument in the State of Washington: (1) within 180 days after enactment of this Act; or (2) as soon as practicable after the U.S. Court of Federal Claims determines the value of the interests to be conveyed by the holder if the Court is petitioned because of the Secretary's failure to make such determination within 180 days after the enactment of this Act or the holder disagrees with the Secretary's valuation (by specified methods) of the mineral and geothermal interests. Sets forth requirements and administrative procedures for such exchange, including issuance of monetary credits to a holder for payment of not more than 50 percent of: (1) the bonus or other payments made by successful bidders in any sales of mineral, oil, gas, or geothermal leases under the Mineral Leasing Act, the Outer Continental Shelf Lands Act, or the Geothermal Steam Act of 1970; or (2) any royalty, rental, or advance royalty payment made to the United States to maintain any mineral, oil or gas, or geothermal lease issued under such Acts.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Refugee Immigration Protection Act of 2005''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN NATIONALS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before April 1, 2007; and (B) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who-- (1) is a national of Liberia; and (2)(A) who was granted temporary protected status on or after March 27, 1991; or (B) was eligible to apply for temporary protected status on or after March 27, 1991. (c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is a national of Liberia; (B) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for such adjustment is filed; (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (D) the alien is otherwise eligible to receive an immigration visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.	Liberian Refugee Immigration Protection Act of 2005 - Provides for the permanent resident status adjustment of certain Liberian nationals who were granted, or are eligible to apply for, temporary protected status on or after March 27, 1991.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Belarus Democracy and Human Rights Act of 2011''. SEC. 2. FINDINGS; STATEMENT OF POLICY. Sections 2 and 3 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended to read as follows: ``SEC. 2. FINDINGS. ``Congress finds the following: ``(1) The Government of Belarus has engaged in a pattern of clear and uncorrected violations of human rights and fundamental freedoms. ``(2) The Government of Belarus has engaged in a pattern of clear and uncorrected violations of basic principles of democratic governance, including through a series of fundamentally flawed presidential and parliamentary elections undermining the legitimacy of executive and legislative authority in that country. ``(3) The Government of Belarus has subjected thousands of pro- democratic political activists to harassment, beatings, and jailings, particularly as a result of their attempts to peacefully exercise their right to freedom of assembly and association. ``(4) The Government of Belarus has attempted to maintain a monopoly over the country's information space, targeting independent media, including independent journalists, for systematic reprisals and elimination, while suppressing the right to freedom of speech and expression of those dissenting from the dictatorship of Aleksandr Lukashenka, and adopted laws restricting the media, including the Internet, in a manner inconsistent with international human rights agreements. ``(5) The Government of Belarus continues a systematic campaign of harassment, repression, and closure of nongovernmental organizations, including independent trade unions and entrepreneurs, and this crackdown has created a climate of fear that inhibits the development of civil society and social solidarity. ``(6) The Government of Belarus has subjected leaders and members of select ethnic and religious minorities to harassment, including the imposition of heavy fines and denying permission to meet for religious services, sometimes by selective enforcement of the 2002 Belarus religion law. ``(7) The Government of Belarus has attempted to silence dissent by persecuting human rights and pro-democracy activists with threats, firings, expulsions, beatings and other forms of intimidation, and restrictions on freedom of movement and prohibition of international travel. ``(8) The dictator of Belarus, Aleksandr Lukashenka, established himself in power by orchestrating an illegal and unconstitutional referendum that enabled him to impose a new constitution, abolishing the duly elected parliament, the 13th Supreme Soviet, installing a largely powerless National Assembly, extending his term in office, and removing applicable term limits. ``(9) The Government of Belarus has failed to make a convincing effort to solve the cases of disappeared opposition figures Yuri Zakharenka, Viktor Gonchar, and Anatoly Krasovsky and journalist Dmitry Zavadsky, even though credible allegations and evidence links top officials of the Government to these disappearance. ``(10) The Government of Belarus has restricted freedom of expression on the Internet by requiring Internet Service Providers to maintain data on Internet users and the sites they view and to provide such data to officials upon request, and by creating a government body with the authority to require Internet Service Providers to block Web sites. ``(11) On December 19, 2010, the Government of Belarus conducted a presidential election that failed to meet the standards of the Organization for Security and Cooperation in Europe (OSCE) for democratic elections. ``(12) After the December 19, 2010, presidential election the Government of Belarus responded to opposition protests by beating scores of protestors and detaining more than 600 peaceful protestors. ``(13) After the December 19, 2010, presidential election the Government of Belarus jailed seven of the nine opposition presidential candidates and abused the process of criminal prosecution to persecute them. ``(14) After the December 19, 2010, presidential election, the Government of Belarus disrupted independent broadcast and Internet media, and engaged in repressive actions against independent journalists. ``(15) After the December 19, 2010, presidential election, Belarusian security services and police conducted raids targeting civil society groups, individual pro-democracy activists, and independent media. ``(16) After the December 19, 2010, presidential election, Belarusian officials refused to extend the mandate of the OSCE Office in Minsk. ``(17) After the December 19, 2010, presidential election, opposition candidates and activists have been persecuted and detainees have been physically mistreated, and denied access to family, defense counsel, medical treatment, and open legal proceedings. ``(18) After the December 19, 2010, presidential election, lawyers representing those facing criminal charges related to the post-election protest have been subjected to the revocation of licenses, disbarment, and other forms of pressure. ``(19) After the December 19, 2010, presidential election, the Government of Belarus has convicted political detainees to harsh prison sentences. ``(20) After the December 19, 2010, presidential election, the United States expanded its visa ban list, imposed additional financial sanctions on certain state-owned enterprises, and initiated preparations to freeze the assets of several individuals in Belarus. The European Union imposed targeted travel and financial sanctions on an expanded list of officials of the Government of Belarus. ``(21) After the December 19, 2010, presidential election, the United States fully restored sanctions against Belarus's largest state-owned petroleum and chemical conglomerate and all of its subsidiaries. ``(22) After the December 19, 2010, presidential election, the United States has engaged in assistance efforts to provide legal and humanitarian assistance to those facing repression and preserving access to independent information, and has pledged resources to support human rights advocates, trade unions, youth and environmental groups, business associations, think-tanks, democratic political parties and movements, independent journalists, newspapers and electronic media operating both inside Belarus and broadcasting from its neighbors, and to support access of Belarusian students to independent higher education and expand exchange programs for business and civil society leaders. ``(23) The Department of State, the Department of the Treasury, and other executive branch agencies have heretofore made effective use of this Act to promote the purposes of this Act, as stated in section 3 of this Act. ``SEC. 3. STATEMENT OF POLICY. ``It is the policy of the United States to-- ``(1) condemn the conduct of the December 19, 2010, presidential election and crackdown on opposition candidates, political leaders, and activists, civil society representatives, and journalists; ``(2) continue to call for the immediate release without preconditions of all political prisoners in Belarus, including all those individuals detained in connection with the December 19, 2010, presidential election; ``(3) continue to support the aspirations of the people of Belarus for democracy, human rights, and the rule of law; ``(4) continue to support the aspirations of the people of Belarus to preserve the independence and sovereignty of their country; ``(5) continue to support the growth of democratic movements and institutions in Belarus, which empower the people of Belarus to end tyranny in their country; ``(6) continue to refuse to accept the results of the fundamentally flawed December 19, 2010, presidential election held in Belarus, and to support calls for new presidential and parliamentary elections, conducted in a manner that is free and fair according to OSCE standards; ``(7) continue to call for the fulfillment by the Belarusian government of Belarus's freely undertaken obligations as an OSCE participating state; ``(8) continue to call for a full accounting of the disappearances of opposition leaders and journalists in Belarus, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the prosecution of those individuals who are in any way responsible for the disappearance of those opposition leaders and journalists; ``(9) continue to work closely with the European Union and other countries and international organizations, to promote the conditions necessary for the integration of Belarus into the European family of democracies; ``(10) call on the International Ice Hockey Federation to suspend its plan to hold the 2014 International World Ice Hockey championship in Minsk until the Government of Belarus releases all political prisoners; and ``(11) remain open to reevaluating United States policy toward Belarus as warranted by demonstrable progress made by the Government of Belarus consistent with the aims of this Act as stated in this section.''. SEC. 3. RADIO AND TELEVISION BROADCASTING TO BELARUS. Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended to read as follows: ``SEC. 5. RADIO, TELEVISION, AND INTERNET BROADCASTING TO BELARUS. ``It is the sense of Congress that the President should support radio, television, and Internet broadcasting to the people of Belarus in languages spoken in Belarus, by Radio Free Europe/Radio Liberty, the Voice of America, European Radio for Belarus, and Belsat.''. SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS. Section 6 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by inserting ``or expression, including those individuals jailed based on political beliefs or expression in connection with repression that attended the presidential election of December 19, 2010'' before the period at the end; (B) in paragraph (2), by inserting ``, including politically motivated legal charges made in connection with repression that attended the presidential election of December 19, 2010'' before the period at the end; (C) in paragraph (5), by inserting ``and violations of human rights, including violations of human rights committed in connection with the presidential election of December 19, 2010'' before the period at the end; and (D) in paragraph (7), by striking ``internationally recognized observers'' and inserting ``OSCE observers''; (2) in subsection (c)-- (A) in paragraph (2)-- (i) by striking ``subparagraph (A)'' and inserting ``paragraph (1)''; and (ii) by striking ``or'' at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(4) is a member of any branch of the security or law enforcement services of Belarus and has participated in the violent crackdown on opposition leaders, journalists, and peaceful protestors that occurred in connection with the presidential election of December 19, 2010; or ``(5) is a member of any branch of the security or law enforcement services of Belarus and has participated in the persecution or harassment of religious groups, human rights defenders, democratic opposition groups, or independent media or journalists.''; (3) in subsection (e), by striking ``of each international financial institution to which'' and inserting ``at each international financial institution of which''; and (4) in subsection (f)(2)(B)(ii), by striking ``(as defined in section 40102 of title 49, United States Code)''. SEC. 5. REPORT. Section 8(a) of the Belarus Democracy Act of 2004 (Public Law 109- 480; 22 U.S.C. 5811 note) is amended-- (1) in the matter preceding paragraph (1), by striking ``this Act'' and inserting ``the Belarus Democracy and Human Rights Act of 2011''; (2) in paragraph (1), by striking ``sale or delivery of weapons or weapons-related technologies'' and inserting ``sale or delivery or provision of weapons or weapons-related technologies or weapons- related training''; (3) in paragraph (2), by striking ``involved in the sale'' and inserting ``or weapons-related training involved in the sale or delivery or provision''; (4) in paragraph (3), by inserting ``or weapons-related training described in paragraph (1)'' before the period at the end; and (5) by adding at the end the following new paragraph: ``(5) The cooperation of the Government of Belarus with any foreign government or organization for purposes related to the censorship or surveillance of the Internet, or the purchase or receipt by the Government of Belarus of any technology or training from any foreign government or organization for purposes related to the censorship or surveillance of the Internet.''. SEC. 6. DEFINITIONS. Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended-- (1) in paragraph (1), by striking ``Committee on International Relations'' and inserting ``Committee on Foreign Affairs''; and (2) in paragraph (3)-- (A) in subparagraph (B)(i), by striking ``and prosecutors'' and inserting ``, prosecutors, and heads of professional associations and educational institutions''; and (B) in subparagraph (C), by striking ``Lukashenka regime'' and inserting ``Government of Belarus''. SEC. 7. FUNDING FOR REPORT. The requirement to prepare and transmit the report required under section 8 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note), as amended by section 5 of this Act, shall be performed within current levels of authorized and appropriated funding. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	Belarus Democracy and Human Rights Act of 2011 - Amends the Belarus Democracy Act of 2004 to express the sense of Congress that the President should continue to support radio, television, and Internet broadcasting to the people of Belarus in languages spoken in Belarus by Radio Free Europe/Radio Liberty, the Voice of America, European Radio for Belarus, and Belsat. Includes among the criteria that the government of Belarus must meet in order to end U.S. sanctions: (1) release of individuals who were jailed based on political beliefs or expression in connection with the repression that attended the December 2010 presidential election; (2) prosecution of senior leadership of the government of Belarus responsible for violations of human rights violations, including human rights violations in connection with the presidential election; (3) withdrawal of politically motivated legal charges against opposition activists and independent journalists in connection with the presidential election; and (4) holding free and transparent presidential and parliamentary elections consistent with Organization for Security and Cooperation in Europe (OSCE) standards and under OSCE supervision. Authorizes the denial of U.S. entry to members of the security or law enforcement services who have participated in the crackdown on opposition leaders, journalists, and peaceful protesters or in the persecution of religious groups or human rights defenders. Requires that the President's annual Belarus report to Congress include information about government of Belarus cooperation with any foreign government or organization related to Internet censorship or surveillance or the purchase or receipt of any technology or training for such purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Education Development Initiative for the 21st Century Act''. SEC. 2. PURPOSE. The purpose of this Act is to provide rural school students in the United States with increased learning opportunities. SEC. 3. FINDINGS. Congress makes the following findings: (1) While there are rural education initiatives identified at the State and local level, no Federal education policy focuses on the specific needs of rural school districts and schools, especially those that serve poor students. (2) The National Center for Educational Statistics (NCES) reports that 46 percent of our Nation's public schools serve rural areas. (3) A critical problem for rural school districts involves the hiring and retention of qualified administrators and certified teachers (especially in science and mathematics). Consequently, teachers in rural schools are almost twice as likely to provide instruction in 3 or more subjects than teachers in urban schools. Rural schools also face other tough challenges, such as shrinking local tax bases, high transportation costs, aging buildings, limited course offerings, and limited resources. (4) Data from the National Assessment of Educational Progress (NAEP) consistently shows large gaps between the achievement of students in high-poverty schools and those in other schools. High-poverty schools will face special challenges in preparing their students to reach high standards of performance on State and national assessments. SEC. 4. DEFINITIONS. In this Act: (1) Elementary school; local educational agency; secondary school; state educational agency.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency that serves-- (A) a school age population 15 percent or more of whom are from families with incomes below the poverty line; and (B)(i) a rural locality; or (ii) a school age population of 800 or fewer students. (3) Metropolitan area.--The term ``metropolitan area'' includes the area defined as such by the Bureau of the Census. (4) Poverty line.--The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (5) Rural locality.--The term ``rural locality'' means a locality that is not within a metropolitan area. (6) School age population.--The term ``school age population'' means the number of students aged 5 through 17. (7) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 5. PROGRAM AUTHORIZED. (a) Reservation.--From amounts appropriated under section 9 for a fiscal year the Secretary shall reserve 0.5 percent to make awards to elementary or secondary schools operated or supported by the Bureau of Indian Affairs to carry out the purpose of this Act. (b) Grants to States.-- (1) In general.--From amounts appropriated under section 9 that are not reserved under subsection (a) for a fiscal year, the Secretary shall award grants to State educational agencies that have applications approved under section 7 to enable the State educational agencies to award grants to eligible local educational agencies for local authorized activities described in subsection (c). (2) Formula.-- (A) In general.--Each State educational agency shall receive a grant under this section in an amount that bears the same relation to the amount of funds appropriated under section 9 that are not reserved under subsection (a) for a fiscal year as the school age population served by eligible local educational agencies in the State bears to the school age population served by eligible local educational agencies in all States. (B) Data.--In determining the school age population under subparagraph (A) the Secretary shall use the most recent data available from the Bureau of the Census. (3) Direct awards to local educational agencies.--If a State educational agency elects not to participate in the program under this Act or does not have an application approved under section 7, the Secretary may award, on a competitive basis, the amount the State educational agency is eligible to receive under paragraph (2) directly to eligible local educational agencies in the State. (4) Matching requirement.--Each eligible local educational agency that receives a grant under this Act shall contribute resources with respect to the local authorized activities to be assisted, in cash or in kind, from non-Federal sources, in an amount equal to the Federal funds awarded under the grant. (c) Local Authorized Activities.--Grant funds awarded to local educational agencies under this Act shall be used for-- (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs or other education programs. (d) Relation to Other Federal Funding.--Funds received under this Act by a State educational agency or an eligible local educational agency shall not be taken into consideration in determining the eligibility for, or amount of, any other Federal funding awarded to the agency. SEC. 6. STATE DISTRIBUTION OF FUNDS. (a) Award Basis.--A State educational agency shall award grants to eligible local educational agencies according to a formula developed by the State educational agency and approved by the Secretary. (b) First Year.--For the first year that a State educational agency receives a grant under this Act, the State educational agency-- (1) shall use not less than 99 percent of the grant funds to award grants to eligible local educational agencies in the State; and (2) may use not more than 1 percent for State activities and administrative costs related to the program. (c) Succeeding Years.--For the second and each succeeding year that a State educational agency receives a grant under this Act, the State educational agency-- (1) shall use not less than 99.5 percent of the grant funds to award grants to eligible local educational agencies in the State; and (2) may use not more than 0.5 percent of the grant funds for State activities and administrative costs related to the program. SEC. 7. APPLICATIONS. Each State educational agency, or local educational agency eligible for a grant under section 5(b)(3), that desires a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. SEC. 8. REPORTS; ACCOUNTABILITY; STUDY. (a) State Reports.-- (1) Contents.--Each State educational agency that receives a grant under this Act shall provide an annual report to the Secretary. The report shall describe-- (A) the method the State educational agency used to award grants to eligible local educational agencies under this Act; (B) how eligible local educational agencies used funds provided under this Act; (C) how the State educational agency provided technical assistance for an eligible local educational agency that did not meet the goals and objectives described in subsection (c)(3); and (D) how the State educational agency took action against an eligible local educational agency if the local educational agency failed, for 2 consecutive years, to meet the goals and objectives described in subsection (c)(3). (2) Availability.--The Secretary shall make the annual State reports received under paragraph (1) available for dissemination to Congress, interested parties (including educators, parents, students, and advocacy and civil rights organizations), and the public. (b) Local Educational Agency Reports.--Each eligible local educational agency that receives a grant under section 5(b)(3) shall provide an annual report to the Secretary. The report shall describe how the local educational agency used funds provided under this Act and how the local educational agency coordinated funds received under this Act with other Federal, State, and local funds. (c) Report to Congress.--The Secretary shall prepare and submit to Congress an annual report. The report shall describe-- (1) the methods the State educational agencies used to award grants to eligible local educational agencies under this Act; (2) how eligible local educational agencies used funds provided under this Act; and (3) the progress made by State educational agencies and eligible local educational agencies receiving assistance under this Act in meeting specific, annual, measurable performance goals and objectives established by such agencies for activities assisted under this Act. (d) Accountability.--The Secretary, at the end of the third year that a State educational agency participates in the program assisted under this Act, shall permit only those State educational agencies that met their performance goals and objectives, for two consecutive years, to continue to participate in the program. (e) Study.--The Comptroller General of the United States shall conduct a study regarding the impact of assistance provided under this Act on student achievement. The Controller General shall report the results of the study to Congress. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $300,000,000 for each of the fiscal years 2001 through 2004.	Reserves a specified portion of grant funds for schools operated by the Bureau of Indian Affairs. Sets forth an allotment formula for grants to State educational agencies (SEAs) to make grants to eligible LEAs. Authorizes the Secretary to make direct competitive grants to specially qualified eligible rural LEAs in nonparticipating States. Requires LEAs or their schools to use grant funds for: (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs or other education programs. Requires SEAs to award grants on a formula basis. Requires that at least 99 percent of such funds be awarded to eligible LEAs in the first year, and 99.5 in the second and in each succeeding year that an SEA receives such a grant. Allows the remainder to be used for State activities and administrative costs related to the grant program. Requires reports by SEAs, LEAs, and the Secretary. Directs the Secretary, at the end of the third year an SEA participates in the program, to permit continued participation only if the SEA has met its performance goals and objectives for two consecutive years. Directs the Comptroller General to study and report to Congress on this Act's impact on student achievement. Authorizes appropriations.
SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``America Rx Act of 2010''. (b) Purpose.--The purpose of this Act is to establish an America Rx program that utilizes manufacturer rebates and pharmacy discounts to reduce prescription drug prices to those residents who are without access to discounted prices for outpatient prescription drugs. SEC. 2. AMERICA RX PROGRAM. (a) Establishment.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a program (in this section referred to as the ``America Rx program'') consistent with the provisions of this section to provide qualified residents with access to discounted prices for outpatient prescription drugs through rebate agreements that the Secretary has negotiated with prescription drug manufacturers. (2) Outreach.--The Secretary shall provide for-- (A) outreach efforts to build public awareness of the program and maximize enrollment of qualified residents; and (B) simplified eligibility procedures and uniform eligibility standards for qualified residents. (b) Rebate Agreements With Manufacturers.-- (1) In general.--Under the America Rx program the Secretary shall negotiate with manufacturers of outpatient prescription drugs rebate agreements with respect to drugs offered under the program to qualified residents. (2) Minimum amount of rebates.--In negotiating the amount of such a rebate under paragraph (1), the Secretary shall take into consideration the amount of the rebate calculated under the Medicaid program, the average manufacturer price of prescription drugs, and other information on prescription drug prices and price discounts. The Secretary shall negotiate the amount of such rebates in a manner so that the rebates on average are comparable to the average percentage rebate obtained in outpatient prescription drugs provided under section 1927(c) of the Social Security Act (42 U.S.C. 1396r- 8(c)). (3) Discounted prices.--The Secretary shall specify the method for computing and applying such discounts, including a method for computing and applying discounts on a uniform, average percentage basis. (4) Payment.--Rebates under such agreements shall be payable to the Secretary according to a schedule (not less often than quarterly) negotiated with manufacturers and shall be paid, directly or through States, to participating pharmacies that provide discounts to qualified residents. (5) Incentive.--In order to induce manufacturers of outpatient prescription drugs to enter into such rebate agreements to carry out the purpose described in section 1(b), the Secretary shall provide, in the case of a manufacturer that has not entered into such an agreement, for a denial of a deduction under chapter 1 of the Internal Revenue Code of 1986 for the amount of expenses of the manufacturer for advertising and marketing of drugs of the manufacturer, other than expenses for free samples of drugs subject to section 503(b)(1) of the Federal Food Drug, and Cosmetic Act intended to be distributed to patients. (6) Application of rebates.--Amounts received by the Secretary as rebates under this subsection shall be placed into an appropriate account in the Treasury and shall be available in advance of appropriations to the Secretary for the payment of discounts and other costs of participating pharmacies in carrying out the America Rx program and for the payment of administrative costs in carrying out the program. Under the America Rx program, participating pharmacies shall be ensured reasonable and timely payment of discounts they provide to qualified residents under the program. (c) Role of States in Administering Program.-- (1) In general.--Under the America Rx program the Secretary may enter into appropriate arrangements with States under which States provide for the administration of the program in return for payment of the reasonable administrative expenses associated with such administration. (2) Administrative functions.--Such administration functions may include-- (A) determinations of eligibility of qualified residents; (B) arrangements with participating pharmacies; and (C) such other functions as the Secretary determines appropriate. (3) Contractual authority.--In carrying out responsibilities under this section, the Secretary and States may enter into agreements with pharmacy benefit managers and other third parties. (d) Program Eligibility.-- (1) Qualified resident defined.--For purposes of this section, the term ``qualified resident'' means an individual who-- (A) is a citizen or national of the United States or is lawfully present in the United States (as determined in accordance with section 1411 of the Patient Protection and Affordable Care Act); and (B) as determined under regulations of the Secretary, is not covered under any public or private program that provides substantial benefits (which may be discounted prices) towards the purchase of outpatient prescription drugs. (2) Screening.-- (A) For other governmental programs.--Individuals who apply for benefits under the America Rx program shall be screened for eligibility under the Medicaid program and other applicable Governmental health care programs and, if found eligible, shall be enrolled in such program or programs. (B) Screening by health insurance exchanges.--In the case of individuals enrolling in a qualified health plan through a Health Insurance Exchange under title I of the Patient Protection and Affordable Care Act, the Exchange shall provide (at the time of enrollment) for a screening of the individual to determine if the individual is a qualified resident for purposes of the America Rx program. (3) Relation to other coverage.--In order not to discourage employers and health insurance issuers from providing comprehensive prescription drug coverage through a group health plan or health insurance coverage, no such employer or issuer may participate in a Health Insurance Exchange if the Secretary determines that the prescription drug benefits under the plan or coverage have been reduced as a result of the America Rx program. (4) Protection of the low income.--Nothing in this section shall be construed as reducing the prescription drug benefits available to low-income individuals, as well as senior citizens and the disabled, under the Medicare or Medicaid programs as a result of the implementation of the America Rx program. (e) Arrangements With Participating Pharmacies.-- (1) In general.--Under the America Rx program arrangements are made with pharmacies for the provision of prescription drugs at discounted prices to qualified residents in a reasonably accessible manner. Such arrangements shall provide that-- (A) each participating pharmacy shall-- (i) provide discounts on prices for outpatient prescription drugs for qualified residents in return for prompt reimbursement of the amount of such discounts and a reasonable dispensing fee; (ii) not charge qualified residents more (before such discounts) for outpatient prescription drugs than the amount that individuals who are not qualified residents are charged for such drugs; and (iii) report to the Secretary (or the Secretary's designee) information regarding the discounts provided and fees incurred; and (B) the program shall-- (i) ensure the reasonable and timely payment to a participating retail pharmacy on a prompt basis (no less promptly than as provided under the Medicare program) for discounted prices provided to qualified residents under the program and for reasonable dispensing fees; and (ii) not impose any additional fees on such pharmacies in connection with participation in the program. (2) Discounted prices.--The amount of the discount provided to enrolled qualifying residents shall reflect the amount of rebates obtained, reduced by expenses relating to administrative costs of the Federal and State governments and of participating pharmacies. (f) Definitions.--For purposes of this section: (1) The term ``Health Insurance Exchange'' means such an Exchange as established and operated under part 3 of subtitle D of title I of the Patient Protection and Affordable Care Act. (2) The term ``manufacturer'' has the meaning given such term in section 1927(k)(5) of the Social Security Act (42 U.S.C. 1396r-8(k)(5)). (3) The term ``Medicaid program'' means a State program under title XIX of the Social Security Act, including such a program operating under a Statewide waiver under section 1115 of such Act. (4) The term ``outpatient prescription drug'' has the meaning given the term ``covered outpatient drug'' in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r- 8(k)(2)). (5) The term ``Secretary'' means the Secretary of Health and Human Services. (6) The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act.	America Rx Act of 2010 - Requires the Secretary of Health and Human Services (HHS) to establish the America Rx program to provide qualified residents with access to discounted prices for outpatient prescription drugs through rebate agreements that the Secretary negotiates with prescription drug manufacturers. Makes eligible only those residents that are not covered under any public or private program that provides substantial benefits towards the purchase of outpatient prescription drugs. Requires rebates to be payable to the Secretary at least quarterly and to be paid, directly or through states, to participating pharmacies that provide discounts to qualified residents. Denies manufacturers who do not participate in the rebate program a tax deduction for advertising and marketing expenses of drugs.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Health Care Reform Act of 2003''. SEC. 2. REFUNDABLE CREDIT FOR HEALTH CARE COSTS. (a) In General.--Section 35 of the Internal Revenue Code of 1986 (relating to health insurance costs of eligible individuals) is amended to read as follows: ``SEC. 35. HEALTH INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to the amount paid by the taxpayer for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitation.--The credit allowed by subsection (a) for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's net income tax for the taxable year, and ``(2) the taxpayer's social security taxes (as defined in section 24(d)) for such taxable year. For purposes of paragraph (1), the term `net income tax' means the sum of the regular tax liability and the tax imposed by section 55, reduced by the credits allowable under this part (other than this subpart). ``(c) Denial of Double Benefit.--Any amount allowed as a credit under this section shall not be taken into account in determining the amount of any deduction under this chapter.'' (b) Conforming Amendments.-- (1) Section 162(l) of such Code is hereby repealed. (2) Section 202 of the Trade Act of 2002, and the amendments made by such section, is hereby repealed, and the Internal Revenue Code of 1986 shall be applied as if such section had not been enacted. (3) The item relating to section 35 in the table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 35. Health insurance costs.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. DISPOSITION OF UNUSED HEALTH BENEFITS IN CAFETERIA PLANS AND FLEXIBLE SPENDING ARRANGEMENTS. (a) In General.--Section 125 of the Internal Revenue Code of 1986 (relating to cafeteria plans) is amended by redesignating subsections (h) and (i) as subsections (i) and (j), respectively, and by inserting after subsection (g) the following: ``(h) Carryforwards or Payments of Certain Unused Health Benefits.-- ``(1) In general.--For purposes of this title, a plan or other arrangement shall not fail to be treated as a cafeteria plan solely because qualified benefits under such plan include a health flexible spending arrangement under which not more than $500 of unused health benefits may be-- ``(A) carried forward to the succeeding plan year of such health flexible spending arrangement, or ``(B) paid to or on behalf of an employee as compensation as of the end of such plan year or upon the termination of, or failure to re-enroll in, such plan or arrangement. ``(2) Distribution of unused health benefits on behalf of employee.--For purposes of paragraph (1)(B), unused health benefits paid as compensation on behalf of an employee by the employer shall be-- ``(A) includible in gross income and wages of the employee, whether or not a deduction for such payment is allowable under this title to the employee, and ``(B) excludable from-- ``(i) gross income to the extent provided under section 402(e), 457(a) (with respect to contributions to an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A)), or 220, and ``(ii) wages to the extent otherwise provided for amounts so excludable. ``(3) Health flexible spending arrangement.--For purposes of this subsection, the term `health flexible spending arrangement' means a flexible spending arrangement (as defined in section 106(c)) that is a qualified benefit and only permits reimbursement for expenses for medical care (as defined in section 213(d)(1) (without regard to subparagraphs (C) and (D) thereof). ``(4) Unused health benefits.--For purposes of this subsection, the term `unused health benefits' means the excess of-- ``(A) the maximum amount of reimbursement allowable during a plan year under a health flexible spending arrangement, over ``(B) the actual amount of reimbursement during such year under such arrangement.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2003. SEC. 4. EXPANSION OF AVAILABILITY OF ARCHER MEDICAL SAVINGS ACCOUNTS. (a) Repeal of Dollar Limitations on Amount That May Be Contributed to Archer MSA.-- (1) In general.--Subsection (b) of section 220 of the Internal Revenue Code of 1986 (relating to limitations) is amended by striking paragraphs (1), (2), and (3) and by redesignating paragraphs (4) through (7) as (1) through (4), respectively. (2) Conforming amendment.--Paragraph (1) of section 106(b) of such Code is amended by striking ``to the extent'' and all that follows and inserting a period. (b) Repeal of Limitations on Number of Medical Savings Accounts.-- (1) In general.--Subsections (i) and (j) of section 220 of the Internal Revenue Code of 1986 are hereby repealed. (2) Conforming amendments.-- (A) Paragraph (1) of section 220(c) of such Code is amended by striking subparagraph (D). (B) Section 138 of such Code is amended by striking subsection (f). (c) Availability Not Limited to Accounts for Employees of Small Employers and Self-Employed Individuals.-- (1) In general.--Subparagraph (A) of section 220(c)(1) of such Code (relating to eligible individual) is amended to read as follows: ``(A) In general.--The term `eligible individual' means, with respect to any month, any individual if-- ``(i) such individual is covered under a high deductible health plan as of the 1st day of such month, and ``(ii) such individual is not, while covered under a high deductible health plan, covered under any health plan-- ``(I) which is not a high deductible health plan, and ``(II) which provides coverage for any benefit which is covered under the high deductible health plan.''. (2) Conforming amendments.-- (A) Section 220(c)(1) of such Code is amended by striking subparagraph (C). (B) Section 220(c) of such Code is amended by striking paragraph (4) (defining small employer) and by redesignating paragraph (5) as paragraph (4). (C) Section 220(b) of such Code is amended by striking paragraph (4) (relating to deduction limited by compensation) and by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. (d) Both Employers and Employees May Contribute to Medical Savings Accounts.--Paragraph (4) of section 220(b) of such Code (as redesignated by subsection (b)(2)(C)) is amended to read as follows: ``(4) Coordination with exclusion for employer contributions.--The limitation which would (but for this paragraph) apply under this subsection to the taxpayer for any taxable year shall be reduced (but not below zero) by the amount which would (but for section 106(b)) be includible in the taxpayer's gross income for such taxable year.''. (e) Reduction of Permitted Deductibles Under High Deductible Health Plans.-- (1) In general.--Subparagraph (A) of section 220(c)(2) of such Code (defining high deductible health plan) is amended-- (A) by striking ``$1,500'' in clause (i) and inserting ``$1,000''; and (B) by striking ``$3,000'' in clause (ii) and inserting ``$2,000''. (2) Conforming amendment.--Subsection (g) of section 220 of such Code is amended to read as follows: ``(g) Cost-of-Living Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 1998, each dollar amount in subsection (c)(2) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Special rules.--In the case of the $1,000 amount in subsection (c)(2)(A)(i) and the $2,000 amount in subsection (c)(2)(A)(ii), paragraph (1)(B) shall be applied by substituting `calendar year 2002' for `calendar year 1997'. ``(3) Rounding.--If any increase under paragraph (1) or (2) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.''. (f) Providing Incentives for Preferred Provider Organizations To Offer Medical Savings Accounts.--Clause (ii) of section 220(c)(2)(B) of such Code is amended by striking ``preventive care if'' and all that follows and inserting ``preventive care.'' (g) Medical Savings Accounts May Be Offered Under Cafeteria Plans.--Subsection (f) of section 125 of such Code is amended by striking ``106(b),''. (h) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 5. REPEAL OF 7.5 PERCENT THRESHOLD ON DEDUCTION FOR MEDICAL EXPENSES. (a) In General.--Subsection (a) of section 213 of the Internal Revenue Code of 1986 (relating to deduction for medical expenses) is amended by striking ``to the extent that such expenses exceed 7.5 percent of adjusted gross income''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2003.	Comprehensive Health Care Reform Act of 2003 - Amends the Internal Revenue Code to: (1) allow a limited tax credit for medical insurance; (2) set forth that a plan or other arrangement shall not cease to count as a cafeteria plan solely because qualified benefits under such plan include a health flexible spending arrangement under which not more than $500 of unused health benefits may be carried forward to the next year of such arrangement or paid to or on behalf of an employee as compensation from employment; (3) provide for (among other things), with respect to Archer Medical Savings Accounts, repealing limitations on the amount that may be contributed, repealing limitations on the number of such accounts, and expanding the availability of such accounts beyond employees of small employers and the self-employed; and (4) repeal the 7.5 percent threshold on the medical expense deduction.
SECTION 1. CREDIT FOR CERTAIN HOME PURCHASES. (a) Allowance of Credit.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES. ``(a) Allowance of Credit.--In the case of an individual who purchases a principal residence in the United States during the 12- month period beginning on the date of the enactment of this section, there shall be allowed to the taxpayer as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the purchase price of the residence. ``(b) Limitations.-- ``(1) Dollar limitation.--The credit allowed under subsection (a) shall not exceed $10,000. ``(2) Denial of credit for residences acquired with nonconforming loans.--No credit shall be allowed under subsection (a) with respect to the purchase of any residence if the aggregate acquisition indebtedness (as defined in section 163(h)(3)(B)) with respect to such residence exceeds the limitation on the maximum original principal obligation of a mortgage that may be purchased by the Federal Home Loan Mortgage Corporation (as such limitation is in effect at the time of such purchase). ``(3) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section) for the taxable year. ``(4) One-time only.-- ``(A) In general.--If a credit is allowed under this section in the case of any individual (and such individual's spouse, if married) with respect to the purchase of any principal residence, no credit shall be allowed under this section in any taxable year with respect to the purchase of any other principal residence by such individual or a spouse of such individual. ``(B) Joint purchase.--In the case of a purchase of a principal residence by 2 or more unmarried individuals or by 2 married individuals filing separately, no credit shall be allowed under this section if a credit under this section has been allowed to any of such individuals in any taxable year with respect to the purchase of any other principal residence. ``(c) Carryforward of Unused Credit.-- ``(1) Rule for years in which all personal credits allowed against regular and alternative minimum tax.--In the case of a taxable year to which section 26(a)(2) applies, if the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(2) Rule for other years.--In the case of a taxable year to which section 26(a)(2) does not apply, if the credit allowable under subsection (a) exceeds the limitation imposed by subsection (b)(3) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(3) Limitation.--No credit may be carried forward under this subsection to any taxable year following the first taxable year after the taxable year in which the credit arose. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Allocation of dollar limit.-- ``(A) Married individuals filing separately.--In the case of a married individual filing a separate return, subsection (b)(1) shall be applied by substituting `$5,000' for `$10,000'. ``(B) Other individuals.--If two or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $10,000. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(3) Purchase.-- ``(A) In general.--The term `purchase' means any acquisition, but only if-- ``(i) the property is not acquired from a person related to the person acquiring it, and ``(ii) the basis of the property in the hands of the person acquiring it is not determined-- ``(I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(II) under section 1014(a) (relating to property acquired from a decedent). ``(B) Construction.--A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer on the date the taxpayer first occupies such residence. ``(4) Purchase price.--The term `purchase price' means the adjusted basis of the principal residence on the date such residence is purchased. ``(5) Related persons.--A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267(b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only his spouse, ancestors, and lineal descendants). ``(e) Exceptions.--No credit under subsection (a) shall be allowed to any taxpayer for any taxable year with respect to the purchase of a residence if-- ``(1) a credit under section 1400C (relating to first-time homebuyer in the District of Columbia) is allowable to the taxpayer (or the taxpayer's spouse) for such taxable year or any prior taxable year, ``(2) the taxpayer is a nonresident alien, or ``(3) the taxpayer disposes of such residence (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the close of such taxable year. ``(f) Reporting Requirement.--Rules similar to the rules of section 1400C(f) (as so in effect) shall apply. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(h) Application.--This section shall not apply to any taxable year beginning after December 31, 2009.''. (b) Conforming Amendments.-- (1) Section 23(c)(1) of such Code is amended by striking ``25D and 1400C'' and inserting ``25D, 25E, and 1400C''. (2) Section 25D(c)(2) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (3) Section 1400C(d)(1) of such Code is amended by striking ``section 25D'' and inserting ``sections 25D and 25E''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Credit for certain home purchases.''. (d) Effective Date.--The amendments made by this section shall apply with respect to residences purchased after the date of the enactment of this Act in taxable years ending after such date.	Amends the Internal Revenue Code to allow individual taxpayers a one-time refundable tax credit for up to 10% of the purchase price of a principal residence purchased in the United States within the 12-month period beginning on the date of enactment of this Act. Limits the dollar amount of such credit to $10,000. Terminates such credit after 2009.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial UAS Modernization Act''. SEC. 2. INTERIM RULE FOR THE OPERATION OF SMALL UNMANNED AIRCRAFT FOR COMMERCIAL PURPOSES. (a) In General.--Subtitle B of title III of the FAA Modernization and Reform Act of 2012 (Public Law 112-95) is amended by adding at the end the following: ``SEC. 337. OPERATION OF SMALL UNMANNED AIRCRAFT FOR COMMERCIAL PURPOSES. ``(a) In General.--An individual may operate a small unmanned aircraft for commercial purposes without an airworthiness certificate within the United States, subject to the requirements under subsection (b) and the operating restrictions under subsection (c) during the period beginning on the date of the enactment of the Commercial UAS Modernization Act and ending on the effective date of a final rule based on the notice of proposed rulemaking issued on February 23, 2015, entitled `Operation and Certification of Small Unmanned Aircraft Systems' (80 Fed. Reg. 9544). ``(b) General Requirements.-- ``(1) Liability insurance.--A small unmanned aircraft may not be operated for commercial purposes during the period set forth in subsection (a) unless the Administrator receives an attestation that the owner of such aircraft has a liability insurance policy covering the operation of such aircraft. ``(2) Registration.--A small unmanned aircraft may not be operated for commercial purposes unless the owner has registered the aircraft as required by the Federal Aviation Administration. ``(3) Testing requirements.-- ``(A) Exam development.--Not later than 30 days after the date of the enactment of the Commercial UAS Modernization Act, the Administrator of the Federal Aviation Administration shall develop an initial aeronautical knowledge test that meets the requirements set forth in the notice of proposed rulemaking referred to in subsection (a). ``(B) Requirements.--An individual may not operate a small unmanned aircraft for commercial purposes unless such individual has-- ``(i) received a passing grade on the test developed under subparagraph (A); ``(ii) passed a proficiency test administered by a test site selected pursuant to section 332(c); and ``(iii) demonstrated the ability to fly the aircraft in accordance with the operating restrictions set forth in subsection (c). ``(4) Certification.--A small unmanned aircraft may not be operated for commercial purposes until the operator of a test site selected pursuant to section 332(c), in collaboration with a designated airworthiness representative, certifies that the small unmanned aircraft-- ``(A) meets the requirements for small unmanned aircraft set forth in the notice of proposed rulemaking referred to in subsection (a); and ``(B) is capable of operating within the limits described in subsection (c). ``(c) Operating Restrictions.--During the period set forth in subsection (a), small unmanned aircraft operated for commercial purposes-- ``(1) may only be operated under visual line of sight rules; ``(2) may not be operated higher than 500 feet above ground level; ``(3) may not be operated unless the operator has prior authorization from the air traffic control facility having jurisdiction over that airspace-- ``(A) in Class B, Class C, or Class D airspace; or ``(B) within the lateral boundaries of the surface area of Class E airspace designated for an airport; ``(4) may only be operated in daylight conditions; ``(5) shall yield right of way to all other users of the National Airspace System; ``(6) may not be operated by any individual with any physical or mental condition that the individual knows, or has reason to know, would interfere with the safe operation of the aircraft; and ``(7) may only be operated after a preflight inspection (as described in the notice of proposed rulemaking referred to in subsection (a)). ``(d) Accident Reporting.--The operator of a small unmanned aircraft that is involved in any accident causing personal injury or property damage, other than to the small unmanned aircraft, shall report such accident to the Federal Aviation Administration not later than 2 days after such accident. ``SEC. 338. MICRO UAS OPERATIONS. ``(a) Micro UAS Classification.--The Administrator of the Federal Aviation Administration shall provide for a micro UAS classification of unmanned aircraft systems, the aircraft component of which may not weigh more than 4.4 pounds, including payload. ``(b) Micro UAS Operational Limitations.--The operation of a micro UAS shall be subject to the exemptions under subsection (c) only if the micro UAS is operated-- ``(1) less than 400 feet above ground level; ``(2) at an airspeed of not greater than 40 knots; ``(3) within the visual line of sight of the operator; ``(4) during daylight; and ``(5) at least 5 statute miles from the geographic center of an airport as denoted on a current aeronautical chart published by the Federal Aviation Administration, except that upon notice to the airport operator and air traffic control tower, such airport operator may allow an individual to operate a micro UAS within 5 statute miles of a tower-controlled airport. ``(c) Micro UAS Exemptions.-- ``(1) An operator of a micro UAS that complies with the limitations of operation under subsection (b) shall not be required to pass any aeronautical knowledge test or meet any age or experience requirement, including any requirements under section 44703 of title 49, United States Code, part 61 of title 14, Code of Federal Regulations, and any other rule or regulation pertaining to airman certification. ``(2) A micro UAS and the component parts and equipment of such micro UAS shall not be required to meet airworthiness certification standards or to obtain certificates of airworthiness.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the FAA Modernization and Reform Act of 2012 is amended by inserting after the item relating to section 336 the following: ``Sec. 337. Operation of small unmanned aircraft for commercial purposes. ``Sec. 338. Micro UAS operations.''. SEC. 3. DEPUTY ASSOCIATE ADMINISTRATOR FOR UNMANNED AIRCRAFT. (a) In General.--Subtitle B of title III of the FAA Modernization and Reform Act of 2012 (Public Law 112-95), as amended by section 2(a), is further amended by adding at the end the following: ``SEC. 339. DEPUTY ASSOCIATE ADMINISTRATOR FOR UNMANNED AIRCRAFT. ``(a) Appointment.--The Administrator of the Federal Aviation Administration (referred to in this section as the `Administrator') shall appoint a Deputy Associate Administrator for Unmanned Aircraft (referred to in this section as the `Deputy Associate Administrator'), who shall report to the Administrator and to the Secretary of Transportation. ``(b) Principal Duties.--The Deputy Associate Administrator shall create an achievable comprehensive research and development plan for the safe integration of unmanned aircraft into the National Airspace System that-- ``(1) takes into account work being done at other Federal agencies, in conjunction with their industry collaborators; ``(2) is based on an initial audit of current unmanned aircraft activity across the Federal Government in order to identify gaps and overlaps; and ``(3) allows for programmatic exemptions based on previous analysis. ``(c) Other Issues.--The Deputy Associate Administrator, in consultation with the Administrator, shall develop strategies for resolving-- ``(1) unmanned aircraft spectrum issues; ``(2) barriers to unmanned aircraft operating beyond line of sight; ``(3) barriers to allowing payload carriage and the feasibility of developing a classification of small UAS air carriers; and ``(4) barriers to utilizing automated unmanned aircraft systems. ``(d) Exemptions.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Commercial UAS Modernization Act, the Deputy Associate Administrator, in consultation with the Administrator, shall expedite and expand exemptions from the interim operating restrictions otherwise applicable to unmanned aircraft under section 337. ``(2) Exemptions.--The exemptions authorized under paragraph (1) may include-- ``(A) beyond line of sight operations; ``(B) programmatic exemptions based on previous analysis; ``(C) extended visual line of sight and marginal visual flight rules weather conditions; and ``(D) heavier unmanned vehicles.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the FAA Modernization and Reform Act of 2012 is amended by inserting after the item relating to section 338, as added by section 2(b), the following: ``Sec. 339. Deputy Associate Administrator for Unmanned Aircraft.''. SEC. 4. JOINT AIRCRAFT SYSTEM RESEARCH AND DEVELOPMENT DATA COLLECTION AND ANALYSIS PROGRAM. (a) Establishment.--The Administrator of the Federal Aviation Administration shall establish a joint aircraft system research and development data collection and analysis program at the William J. Hughes Technical Center (referred to in this section as the ``Center''). (b) Research and Development Priorities.--The Director of the Center shall set priorities for data collection, analysis, and research under the program established under subsection (a), including identifying safety standards for detect and avoid, command and control, autonomous aircraft systems, and air traffic management for beyond visual line of sight operations for such aircraft. (c) Use of Test Sites.--The program established under subsection (a) shall utilize the 6 unmanned aircraft system test sites of the Federal Aviation Administration to-- (1) conduct research; (2) collect data; (3) develop quarterly milestones to expedite commercial unmanned aircraft system operations; and (4) work with other Federal agencies, the Center of Excellence for Unmanned Aircraft Systems, federally funded research and development centers, industry, academia, and others, as appropriate, to implement commercial unmanned aircraft system operations. (d) Air Traffic Management Pilot Program.-- (1) Implementation.--The Administrator of the Federal Aviation Administration, acting through the Center, and the Administrator of the National Aeronautics and Space Administration, shall implement an air traffic management pilot program to research and test a new regulatory structure for commercial and other operations of small unmanned aircraft in controlled and uncontrolled airspace below 1,200 feet above ground level. (2) Management testing.--The Center shall partner with a neutral third party to test the management of small unmanned aircraft in the airspace described in paragraph (1). (e) Report.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Director of the Center shall submit a report that summarizes the actions taken under subsections (b), (c), and (d) to-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Transportation and Infrastructure of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives.	Commercial UAS Modernization Act This bill amends the FAA Modernization and Reform Act of 2012 to permit an individual to operate a small commercial unmanned aircraft without an airworthiness certificate within the United States until the effective date of a final rule based on the notice of proposed rulemaking "Operation and Certification of Small Unmanned Aircraft Systems" issued on February 23, 2015, subject to the following requirements: the Federal Aviation Administration (FAA) must receive an attestation that the aircraft owner has liability insurance covering its operation; the owner must register the aircraft; the operator must pass an initial aeronautical knowledge test developed by the FAA and a proficiency test administered by a test site for such aircraft; the aircraft may be operated for commercial purposes only in daylight conditions, under visual line of sight rules, lower than 500 feet above ground level, and only after a preflight inspection; and the aircraft shall yield right of way to all other users of the National Airspace System. Such an aircraft may not be operated: (1) until the operator of a test site certifies that it meets the requirements in the rulemaking notice and can operate within such restrictions; (2) unless the operator has prior authorization from the air traffic control facility having jurisdiction over the Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport; and (3) by any individual with any physical or mental condition that would interfere with safe operation of the aircraft. The operator of a such an aircraft involved in an accident causing personal injury or property damage must report it to the FAA within two days. The FAA shall provide for a micro UAS classification of unmanned aircraft systems, the aircraft component of which may not weigh more than 4.4 pounds, including payload. The operation of such a micro shall be subject to specified restrictions. The bill directs the FAA to: appoint a Deputy Associate Administrator for Unmanned Aircraft who shall create a research and development plan for the safe integration of unmanned aircraft into the National Airspace System; establish a joint aircraft system research and development data collection and analysis program at the William J. Hughes Technical Center; and implement an air traffic management pilot program to research and test a new regulatory structure for operations of such aircraft in airspace below 1,200 feet.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Landmine Moratorium Extension Act of 1993''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Anti-personnel landmines, which are designed to maim and kill people, have been used indiscriminately in dramatically increasing numbers around the world. Hundreds of thousands of noncombatant civilians, including children, have been the primary victims. Unlike other military weapons, landmines often remain implanted and undiscovered after conflict has ended, causing massive suffering to civilian populations. (2) Tens of millions of landmines have been strewn in at least 62 countries, often making whole areas uninhabitable. The Department of State estimates there are more than 10,000,000 landmines in Afghanistan, 9,000,000 in Angola, 4,000,000 in Cambodia, 3,000,000 in Iraqi Kurdistan, and 2,000,000 each in Somalia, Mozambique, and the former Yugoslavia. Hundreds of thousands of landmines were used in conflicts in Central America in the 1980's. (3) Advanced technologies are being used to manufacture sophisticated mines which can be scattered remotely at a rate of 1,000 per hour. These mines, which are being produced by many industrialized countries, were discovered in Iraqi arsenals after the Persian Gulf conflict. (4) At least 300 types of anti-personnel landmines have been manufactured by at least 44 countries, including the United States. However, the United States is not a major exporter of landmines. During the past 10 years the Executive branch has approved 10 licenses for the commercial export of anti-personnel landmines with a total value of $980,000 and has approved the sale under the Foreign Military Sales program of 109,129 anti-personnel landmines. (5) The United States signed, but has not ratified, the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious or To Have Indiscriminate Effects (hereinafter in this Act referred to as the ``1980 Convention''). Protocol II of the 1980 Convention (commonly referred to as the ``Landmine Protocol'') prohibits the indiscriminate use of landmines. (6) When it signed the 1980 Convention, the United States stated: ``We believe that the Convention represents a positive step forward in efforts to minimize injury or damage to the civilian population in time of armed conflict. Our signature of the Convention reflects the general willingness of the United States to adopt practical and reasonable provisions concerning the conduct of military operations, for the purpose of protecting noncombatants.''. (7) The United States also indicated that it had supported procedures to enforce compliance, which were omitted from the 1980 Convention's final draft. The United States stated: ``The United States strongly supported proposals by other countries during the Conference to include special procedures for dealing with compliance matters, and reserves the right to propose at a later date additional procedures and remedies, should this prove necessary, to deal with such problems.''. (8) The lack of compliance procedures and other weaknesses have significantly undermined the effectiveness of the Landmine Protocol. Since it entered into force on December 2, 1983, the number of civilians maimed and killed by anti-personnel landmines has multiplied. (9) A 1-year moratorium on United States sales, transfers, and exports of anti-personnel landmines has been in effect since October 23, 1992, when section 1365 of the National Defense Authorization Act for Fiscal Year 1993 was signed into law. Since that date, the European Parliament has issued a resolution calling for a 5-year moratorium on sales, transfers, and exports of anti-personnel landmines and the Government of France has announced that it has ceased all sales, transfers, and exports of anti-personnel landmines. (10) On December 2, 1993, 10 years will have elapsed since the 1980 Convention entered into force, triggering the right of any party to request a United Nations conference to review the 1980 Convention. Amendments to the Landmine Protocol may be considered at that time. The Government of France has made a formal request to the United Nations Secretary General for a review conference. With necessary preparations and consultations among governments, a review conference is not expected to be convened before late 1994 or early 1995. (11) The United States should continue to set an example for other countries in such negotiations by extending its moratorium on sales, transfers, and exports of anti-personnel landmines for an additional 3 years. A moratorium of this duration would extend the current prohibition on the sale, transfer, and export of anti-personnel landmines a sufficient time to take into account the results of a United Nations review conference. SEC. 3. POLICY. (a) In General.--It shall be the policy of the United States to seek verifiable international agreements-- (1) prohibiting the sale, transfer, or export of anti- personnel landmines; and (2) further limiting and eventually terminating the manufacture, possession, and use of anti-personnel landmines. (b) Ratification of 1980 Convention.--It is the sense of the Congress that the President should submit the 1980 Convention to the Senate for its advice and consent to ratification. (c) Actions Under United Nations Auspices.--Furthermore, it is the sense of the Congress that the United States-- (1) should participate in a United Nations conference to review the Landmine Protocol; and (2) should actively seek to negotiate under United Nations auspices a modification of the Landmine Protocol, or another international agreement, to prohibit the sale, transfer, or export of anti-personnel landmines and to further limit their manufacture, possession, and use. SEC. 4. MORATORIUM ON TRANSFERS OF ANTI-PERSONNEL LANDMINES ABROAD. For a period of 3 years beginning on the date of enactment of this Act-- (1) no sale may be made or financed, no transfer may be made, and no license for export may be issued under the Arms Export Control Act with respect to any anti-personnel landmine; and (2) no assistance may be provided under the Foreign Assistance Act of 1961 with respect to the provision of any anti-personnel landmine. SEC. 5. DEFINITION. For purposes of this Act, the term ``anti-personnel landmine'' means-- (1) any munition which is placed under, on, or near the ground or other surface area or is delivered by artillery, rocket, mortar, or similar means or dropped from an aircraft and which is designed to be detonated or exploded by the presence, proximity, or contact of a person; (2) any device or material which is designed, constructed, or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act; and (3) any manually-emplaced munition or device which is designed to kill, injure, or damage and which is actuated by remote control or automatically after a lapse of time.	Landmine Moratorium Extension Act of 1993 - Declares that it is U.S. policy to seek international agreements prohibiting the sale, transfer, or export, and terminating the manufacture, possession, and use, of antipersonnel landmines. Expresses the sense of the Congress that: (1) the President should submit the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious or To Have Indiscriminate Effects to the Senate for ratification; and (2) the United States should negotiate a modification of the Landmine Protocol under United Nations auspices or another international agreement to limit the sale, transfer, manufacture, and use of landmines. Prohibits for three years after this Act's enactment: (1) sales, financing, transfers, and the issuance of licenses under the Arms Export Control Act with respect to antipersonnel landmines; and (2) assistance under the Foreign Assistance Act of 1961 with respect to the provision of such landmines.
SECTION 1. FINDINGS. The Congress finds that-- (1) in virtually every sector of society--health, defense, transportation, agriculture, etc.--research is used to guide policy choices; (2) in education, however, research has not been effectively utilized as a tool for informing policy and guiding reform, with less than 0.03 percent of the $647,800,000,000 spent on elementary and secondary education invested in research of what educational techniques actually work and on ways to improve teaching; (3) the 1997 President's Committee of Advisors on Science and Technology (PCAST) report entitled ``The Use of Technology to Strengthen K-12 Education in the United States'' recommended that our education research investment be increased to 0.5 percent and that educational hypotheses be subjected to appropriately rigorous evaluation; (4) a significant body of research and knowledge on the science of learning currently exists; however, educational materials and practices are rarely aligned to this knowledge, and new education theories are often incorporated in classrooms on the basis of only tenuously supported data; (5) a cultural divide between education researchers and education practitioners--such as teachers--currently exists; (6) an expert panel convened by the National Research Council recommended in 1999 that more education research be focused on issues of importance to education practitioners and be conducted by teams of both traditional researchers and teachers and other education practitioners; (7) the education research effort to date is typified by a largely scattershot approach, with little coordination of the research effort or focus on particularly compelling questions; and (8) a 1999 report from the National Research Council entitled ``Improving Student Learning'' recommended the adoption of a national, strategic education research program that would focus efforts on a limited number of the most critically important research questions. SEC. 2. RESEARCH ON LEARNING. (a) In General.--For the purpose of integrating scientific disciplines in relation to research on learning, and gaining a better understanding of how such research and educational practice can be reconciled, the National Science Foundation shall continue to support research on learning, focusing on the following 4 areas: (1) Brain research as a foundation for research on human learning. (2) Behavioral, cognitive, affective, and social aspects of human learning. (3) Science, mathematics, engineering, and technological learning in formal and informal educational settings. (4) Learning in complex educational systems. (b) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation for carrying out this section $29,000,000 for fiscal year 2002, $33,000,000 for fiscal year 2003, and $37,000,000 for fiscal year 2004. SEC. 3. RESEARCH ON LEARNING CENTERS. (a) Development of Research Priorities.--The Director of the National Science Foundation (in this Act referred to as the ``Director''), in consultation with the National Academy of Sciences, shall review past research on learning, assess current research efforts, and not later than 120 days after the date of the enactment of this Act develop a set of specific education research priorities to provide the strategic focus of the Centers established under subsection (b). The Director shall ensure that the development of such priorities is informed by the most pressing needs of the education system. (b) Establishment of Centers.--The Director shall make grants for the establishment of not more than 5 Centers of Research on Learning. The purpose of these Centers shall be to integrate the work of multidisciplinary teams of researchers, education practitioners, and policymakers to support the research priorities developed under subsection (a), and to facilitate the incorporation of the results of that research into educational practice. Grant awards under this subsection shall be made through an open, peer-reviewed competition. (c) Strategic Focus of Centers.--Each Center shall focus on addressing one of the specific education research priorities developed by the Director under subsection (a). (d) Activities of Centers.--The Centers shall promote active collaborations among physical, biological, and social science researchers, education practitioners, and policymakers. The Centers shall be responsible for-- (1) evaluating existing research and designing, conducting, or coordinating research that addresses the Center's strategic focus; (2) stimulating research in relevant areas within the larger research community and synthesizing the findings from among this community; (3) planning future research; (4) facilitating the dissemination of research results to education practitioners and the incorporation of those research results into the education system; and (5) assessing the impact of the incorporation of research results described in paragraph (4) on student performance. (e) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation for carrying out this section $3,000,000 for fiscal year 2002, $6,000,000 for fiscal year 2003, and $6,000,000 for fiscal year 2004. SEC. 4. INTERAGENCY EDUCATION RESEARCH INITIATIVE. There are authorized to be appropriated to the National Science Foundation for participation in the Interagency Education Research Initiative, $28,000,000 for fiscal year 2002, $31,000,000 for fiscal year 2003, and $33,000,000 for fiscal year 2004.	Requires the National Science Foundation (NSF), for the purpose of integrating scientific disciplines in relation to research on learning, and gaining a better understanding of how such research and educational practice can be reconciled, to continue to support such research, focusing on: (1) brain research as a foundation for research on learning; (2) behavioral, cognitive, affective, and social aspects of learning; (3) science, mathematics, engineering, and technological learning in educational settings; and (4) learning in complex educational systems.Requires the Director of the NSF to review past research on learning, assess current research efforts, and develop a set of specific education research priorities to provide the strategic focus of the Centers of Research on Learning established by this Act. Requires the Director to make grants for the establishment of not more than five such Centers to integrate the work of multidisciplinary teams of researchers, education practitioners, and policymakers to support the research priorities developed, and to facilitate the incorporation of research results into educational practice.Authorizes appropriations for NSF participation in the Interagency Education Research Initiative.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Claims Licensing Advancement for Interstate Matters Act'' or the ``CLAIM Act''. SEC. 2. MODEL LICENSING ACT. To promote the policy of robust consumer protection for and more efficient interstate adjusting of property, casualty, disability, or workers' compensation claims, the Congress hereby urges the National Association of Insurance Commissioners to adopt a model independent claims adjuster licensing Act that-- (1) contains basic standards for the integrity, personal qualifications, education, training, and experience required of independent claims adjusters, including continuing education requirements and ethics course requirements; and (2) does not impose any limitation or condition upon any independent claims adjuster to be licensed or otherwise authorized to do business in a State because of his or her status as a non-resident of that State. SEC. 3. MULTI-STATE EXAMINATION. (a) Establishment.--The Congress hereby urges the NAIC to adopt and administer a multi-State examination for an independent claims adjuster seeking to adjust claims in a jurisdiction other than his or her home State. (b) Examinee Eligibility.--The NAIC may require that, as a condition for taking a multi-State examination administered pursuant to this section, the examinee shall-- (1) be duly licensed as an independent claims adjuster by his or her home State; (2) meet such integrity, degree, training, and experience requirements as the NAIC considers necessary; and (3) meet any continuing education requirements as established by his or her home State. (c) Cross-Jurisdiction Competency.--Any multi-State examination administered pursuant to this section shall require adjusters to demonstrate essential competence with cross-jurisdictional legal and regulatory concepts, and shall include such ethics and other testing as the NAIC deems necessary. SEC. 4. STATE AUTHORITIES. Nothing in this Act shall be construed to-- (1) require a State that does not have licensing requirements for independent claims adjusters to adopt any such requirements; (2) subject to section 6, limit the right of a State to establish licensing fees or enforce its laws regarding the adjusting of insurance claims, provided that such fee is uniform regardless of the State of residence of the licensee; or (3) affect the jurisdiction and authority of a State insurance regulator to prescribe and enforce its insurance laws, rules, and regulations regulating independent claims adjuster activity in its jurisdiction. SEC. 5. INTERSTATE CLAIMS ADJUSTING LICENSING REFORMS. (a) In General.--A State is in compliance with the requirements of this subsection, and section 6 shall not apply with respect to such State, if before the expiration of the 4-year period beginning on the date of the enactment of this Act the State has enacted and has in effect-- (1) in the case only of a State that requires and issues licenses for independent claims adjusters, laws and regulations governing individuals and entities authorized to operate as independent claims adjusters within the State that are functionally equivalent in meaning and effect to those under any model act developed pursuant to section 2; and (2) laws and regulations governing non-home State individuals and entities operating as independent claims adjusters within that State that provide for the reciprocity required under subsection (c) with other States. (b) Uniformity Requirements.--A State that licenses independent claims adjusters shall be deemed to have established the uniformity referred to in subsection (a)(1) if it has enacted and adheres to criteria for the licensing and authorization of adjusters that are functionally equivalent in meaning and effect to those set forth in a model act established pursuant to section 2. (c) Reciprocity Requirements.--The laws and regulations of a certain State shall be considered to provide for the reciprocity required under this subsection only if such laws and regulations-- (1) do not require licensure of independent claims adjusters; or (2) permit any independent claims adjuster who has a license in another State that is the adjuster's home State to obtain authorization to engage in the business of adjusting in such certain State as a non-resident to the same extent that such adjuster is permitted to practice in the adjuster's home State, without satisfying any additional requirements other than, if required under applicable law, to submit-- (A) proof of being licensed in good standing in the adjuster's home State; Provided, That such home State has enacted laws and regulations governing individuals and entities authorized to operate as independent claims adjusters within such home State that are functionally equivalent in meaning and effect to those under any model act developed pursuant to section 2; and (B) payment of any requisite fee to the appropriate authority of the certain State; Provided, That the amount of such fee does not exceed any fee required to be paid by an adjuster whose home State is such certain State. (d) NAIC Determination.-- (1) Determination.--A State shall be considered to be in compliance with subsection (a) for purposes of this Act if the NAIC determines that, before the expiration of the 4-year period beginning on the date of enactment of this Act, the State is in compliance with the requirements under such subsection. (2) Continued review.--With respect to any State that the NAIC has determined to be in compliance with the requirements of subsection (a), the Congress hereby urges NAIC to continue to review and determine such State's compliance with the requirements of subsection (a) on an annual basis. If the NAIC determines at any time that a State no longer is in compliance with the requirements of subsection (a), section 6 shall apply with respect to such State. (3) Judicial review.--The appropriate United States District Court shall have exclusive jurisdiction over any challenge arising under this section. The court shall apply the standards set forth in section 706 of title 5, United States Code, in reviewing any such challenge. SEC. 6. AUTHORITY FOR INTERSTATE CLAIMS ADJUSTING. (a) Authority.--In the case of any State that requires and issues licenses for independent claims adjusters but is not in compliance with section 5(a), after the expiration of the 4-year period beginning on the date of the enactment of this Act, an independent claims adjuster and the adjuster's employer may ascertain, determine, negotiate, or settle a claim in such State, but only if the adjuster meets the following requirements: (1) The independent claims adjuster holds a valid such license in his or her home State. (2) If the NAIC has established and administers a multi- State examination pursuant to section 3, the adjuster has passed such examination. (b) Prohibition of Additional State Requirements.--An independent claims adjuster authorized under subsection (a) to investigate, evaluate, negotiate the resolution of a claim in a State that is not in compliance with section 5 shall not be subject to any additional licensure or other requirements from such State in order to adjust claims and otherwise act as an independent claims adjuster in such State. SEC. 7. ACCELERATING CLAIMS ADJUSTING OF LOSSES CAUSED BY NATURAL OR OTHER DISASTERS. (a) Authority to Adjust.--An independent claims adjuster meeting the requirements of subsection (b) may adjust claims for losses related to any natural or other disaster, occurring in any jurisdiction, that has been designated by the President as a major disaster pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) notwithstanding the licensure requirements of the State in which the disaster area for the major disaster is located and notwithstanding the requirements under section 6 of this Act for interstate claims licensing. (b) Adjuster Requirements.--The requirements under this subsection with respect to an independent claims adjuster are as follows: (1) State license.--The adjuster holds a valid license as an independent claims adjuster in his or her home State (whether actual or designated, pursuant to section 8(a)(1)). (2) Multi-state examination.--If the NAIC has adopted and administers a multi-State examination pursuant to section 3, the adjuster has passed such an examination. SEC. 8. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Home state.-- (A) Actual.--The term ``home State'' means, with respect to an independent claims adjuster, the State in which the adjuster maintains his, her, or its principal place of residence or business and is licensed as an independent claims adjuster. (B) Designated.--If the State in which an independent claims adjuster maintains his or her principal place of residence or business does not issue an independent claims adjuster license for the line or lines of authority sought, such term means any other State in which the independent claims adjuster is so licensed and that is designated by such adjuster as his or her home State. (2) Independent claims adjuster.--The term ``independent claims adjuster'' means an individual, other than a public adjuster, who undertakes on behalf of insurers or self-insurers to investigate, evaluate, and negotiate the resolution of the amount of a property, casualty, disability, or workers' compensation claim, loss, or damage on behalf of an insurance policy or insurer or as a third-party on behalf of a self- insurer. Such term includes company or staff adjusters, who are individuals, other than a public adjuster, employed by property casualty insurers and undertake to investigate, evaluate, and negotiate the resolution of a property, casualty, disability, or workers' compensation claim, loss, or damage on behalf of an insurance policy or insurer. (3) Naic.--The term ``NAIC'' means the National Association of Insurance Commissioners. (4) Public adjuster.--The term ``public adjuster'' means any person who, for compensation or any other thing of value, on behalf of the insured acts, aids, advertises, or solicits business to ascertain, determine, negotiate, or settle the amount of a claim, loss, or damage, solely in relation to first party claims arising under contracts that insure the real or personal property of the insured. (5) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (6) State law.--The term ``State law'' includes all laws, decisions, rules, regulations, or other State action of any State having the effect of law; and a law of the United States applicable only to the District of Columbia shall be treated as a State law rather than as a law of the United States.	Claims Licensing Advancement for Interstate Matters Act or CLAIM Act - Urges the National Association of Insurance Commissioners (NAIC) to: (1) adopt a model independent claims adjuster licensing Act meeting specified criteria, and (2) adopt and administer a multi-state examination for an independent claims adjuster seeking to adjust claims in a jurisdiction other than his or her home state. Authorizes the NAIC to prescribe examinee eligibility requirements, and requires any multi-state examination to require adjusters to demonstrate essential competence with cross-jurisdictional legal and regulatory concepts. Declares that nothing in this Act shall be construed to: (1) require a state to adopt licensing requirements for independent claims adjusters if it does not have such requirements; (2) limit the right of a state to establish licensing fees or enforce its laws regarding the adjusting of insurance claims, provided that such a fee is uniform regardless of the licensee's state of residence; or (3) affect the jurisdiction and authority of a state insurance regulator to prescribe and enforce its insurance laws, rules, and regulations governing independent claims adjuster activity in its jurisdiction. Sets forth criteria for state compliance with this Act, including reciprocity. Authorizes an independent claims adjuster meeting the requirements of this Act to ascertain, determine, negotiate, or settle a claim in a state that is not in compliance with this Act, but only if the adjuster: (1) holds a valid license in his or her home state, and (2) has passed any multi-state examination established and administered by the NAIC. Prohibits a state from imposing additional requirements upon such an adjuster. Authorizes an independent claims adjuster meeting the licensure and examination requirements of this Act to adjust claims for losses related to any presidentially-designated major disaster, regardless of the licensure requirements of the state where the disaster is located.
SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``California Coastal National Monument Expansion Act of 2013''. (b) Definitions.--In this Act: (1) Map.--The term ``map'' means the map created by the Bureau of Land Management, entitled ``California Coastal National Monument Addition'' and dated September 15, 2012. (2) Monument.--The term ``Monument'' means the California Coastal National Monument established by Presidential Proclamation 7264. (3) Point arena-stornetta public lands.--The term ``Point Arena-Stornetta Public Lands'' means the Federal land comprising approximately 1,255 acres in Mendocino County, California, as generally depicted on the map. (4) Presidential proclamation 7264.--The term ``Presidential Proclamation 7264'' means Presidential Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg. 2821). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the Point Arena-Stornetta Public Lands contain significant natural resources, including important wildlife habitat, several riparian corridors, extensive wetlands, ponds and other water sources, cypress groves, meadows, and sand dunes that should be preserved for present and future generations; (2) the ocean and coastal ecosystems adjacent to the Point Arena-Stornetta Public Lands are internationally recognized as significant centers of coastal upwelling that support the diverse, abundant, and productive marine ecosystems and wildlife underlying the local economy and identity of coastal communities; (3) the Point Arena-Stornetta Public Lands tell an important story about the coastal prehistory and history of California in the context of the surrounding region and communities; (4) the coastal area surrounding the Point Arena-Stornetta Public Lands was traditionally used by Indian people, including the Pomo Indian tribes; (5) the Point Arena-Stornetta Public Lands are historically associated with adjacent land managed for the enjoyment of current and future generations, including the Arena Rock Marine Natural Preserve, and Manchester Beach State Park; (6) the Point Arena-Stornetta Public Lands represent a model partnership where future management can be successfully accomplished among the Federal Government, State of California, Mendocino County, local communities, and private groups; (7) permanent protection of the Point Arena-Stornetta Public Lands will provide important economic benefits to surrounding communities, and has broad public support; (8) the Point Arena-Stornetta Public Lands would make a significant addition to the California Coastal National Monument and National Landscape Conservation System administered by the Bureau of Land Management of the Department of the Interior; and (9) statutory protection is necessary to ensure that the Point Arena-Stornetta Public Lands remain a part of the historical, cultural, and natural heritage of the United States and a source of inspiration for the people of the United States. (b) Purpose.--The purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of the Point Arena-Stornetta Public Lands, while allowing certain recreational and research activities to continue. SEC. 3. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT. (a) In General.--The boundary of the Monument established by Presidential Proclamation 7264 is expanded to include the Federal land shown on the map. (b) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and boundary description of land added to the Monument by this Act. (2) Force and effect.--The map and boundary description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the map and boundary descriptions. (3) Availability of map and boundary description.--The map and boundary description filed under paragraph (1) shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall manage the land added to the Monument by this Act-- (1) as a part of the Monument; and (2) in accordance with Presidential Proclamation 7264. (b) Management Plan.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall finalize an amendment to the Monument management plan for the long-term protection and management of the land added to the Monument by this Act. (2) Requirements.--The plan amendment shall-- (A) be developed with an opportunity for full public participation; and (B) describe the appropriate uses and management of the land consistent with this Act. (c) Motorized and Mechanized Transport.--Except as needed for emergency or authorized administrative purposes, the use of motorized and mechanized vehicles in the Monument shall be permitted only on roads and trails designated for that use. (d) Incorporation of Land and Interests.-- (1) Authority.--The Secretary may acquire non-Federal land or interests in land within or adjacent to the land added to the Monument by this Act only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interests in land within or adjacent to the land added to the Monument by this Act acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Monument. (e) Overflights.--Nothing in this Act-- (1) restricts or precludes overflights, including low-level overflights or military, commercial, and general aviation overflights that can be seen or heard within the land added to the Monument by this Act; (2) restricts or precludes the designation or creation of new units of special use airspace or the establishment of military flight training routes over the land added to the Monument by this Act; or (3) modifies regulations governing low-level overflights above the adjacent Gulf of the Farallones National Marine Sanctuary. (f) Law Enforcement.--Nothing in this Act effects the law enforcement authorities of the Department of Homeland Security. (g) Native American Uses.--Nothing in this Act enlarges, diminishes, or modifies the rights of any Indian tribe or Indian religious community. (h) Buffer Zones.-- (1) In general.--The expansion of the Monument is not intended to lead to the establishment of protective perimeters or buffer zones around the land included in the Monument by this Act. (2) Activities outside the monument.--The fact that activities outside the Monument can be seen or heard within the land added to the Monument by this Act shall not, of itself, preclude those activities or uses up to the boundary of the Monument. (i) Grazing.--Nothing in this Act affects the grazing of livestock within the Point Arena-Stornetta Public Lands. (j) National Landscape Conservation System.--The Secretary shall manage the Monument as part of the National Landscape Conservation System.	California Coastal National Monument Expansion Act of 2013 - Expands the boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, to include the Point Arena-Stornetta public lands in Mendocino County, California. Requires management of such lands: (1) in accordance with such Proclamation, and (2) as part of the Monument. Instructs the Secretary of the Interior to finalize an amendment to the Monument's management plan for the long-term protection and management of the lands added to the Monument under this Act. Requires management of the Monument as part of the National Landscape Conservation System.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs for Veterans Act of 2011''. SEC. 2. VETERANS BUSINESS CENTER PROGRAM. Section 32 of the Small Business Act (15 U.S.C. 657b) is amended-- (1) in subsection (f), by inserting ``(other than subsections (g), (h), and (i))'' after ``this section''; and (2) by adding at the end the following: ``(g) Veterans Business Center Program.-- ``(1) In general.--The Administrator shall establish a Veterans Business Center program within the Administration to provide entrepreneurial training and counseling to veterans in accordance with this subsection. ``(2) Director and regional coordinators.-- ``(A) Director.--The Administrator shall appoint a Director of the Veterans Business Center program, who shall implement and oversee such program and who shall report directly to the Associate Administrator for Veterans Business Development. ``(B) Regional coordinators.--The Director may appoint regional veterans business center coordinators to oversee and coordinate the efforts of veterans business centers. ``(3) Designation of veterans business centers.--The Director shall establish by regulation an application, review, and notification process to designate entities as veterans business centers for purposes of this section. The Director shall make publicly known the designation of an entity as a veterans business center and the award of a grant to such center under this subsection. ``(4) Funding for veterans business centers.-- ``(A) Initial grants.--The Director is authorized to make a grant (hereinafter in this subsection referred to as an `initial grant') to each veterans business center each year, for not more than 5 years, in the amount of $200,000. ``(B) Growth funding grants.--After a veterans business center has received 5 years of initial grants under subparagraph (A), the Director is authorized to make a grant (hereinafter in this subsection referred to as a `growth funding grant') to such center each year, for not more than 3 years, in the amount of $150,000. After such center has received 3 years of growth funding grants, the Director shall require such center to meet performance benchmarks established by the Director to be eligible for growth funding grants in subsequent years. ``(5) Center responsibilities.--Each veterans business center receiving a grant under this subsection shall use the funds primarily on veteran entrepreneurial development, counseling of veteran-owned small businesses through one-on-one instruction and classes, and providing government procurement assistance to veterans. ``(6) Matching funds.--Each veterans business center receiving a grant under this subsection shall be required to provide a non-Federal match of 50 percent of the Federal funds such center receives under this subsection. The Director may issue to a veterans business center, upon request, a waiver of all or a portion of such matching requirement upon a determination of hardship. The Director may waive the matching funds requirement under this paragraph with respect to veterans business centers that serve communities with a per capita income that is less than 75 percent of the national per capita income and an unemployment rate that is at least 150 percent higher than the national average. ``(7) Targeted areas.--The Director shall give priority to applications for designations and grants under this subsection that will establish a veterans business center in a geographic area, as determined by the Director, that is not currently served by a veterans business center and in which-- ``(A) the population of veterans exceeds the national median of such measure; or ``(B) the population of veterans of Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn exceeds the national median of such measure. ``(8) Training program.--The Director shall develop and implement, directly or by contract, an annual training program for the staff and personnel of designated veterans business centers to provide education, support, and information on best practices with respect to the establishment and operation of such centers. The Director shall develop such training program in consultation with veterans business centers, the interagency task force established under subsection (c), and veterans service organizations. ``(9) Inclusion of other organizations in program.--Upon the date of the enactment of this subsection, each Veterans Business Outreach Center established by the Administrator under the authority of section 8(b)(17) and each center that received funds during fiscal year 2006 from the National Veterans Business Development Corporation established under section 33 and that remains in operation shall be treated as designated as a veterans business center for purposes of this subsection and shall be eligible for grants under this subsection. ``(10) Rural areas.--The Director shall submit annually to the Administrator a report on whether a sufficient percentage, as determined by the Director, of veterans in rural areas have adequate access to a veterans business center. If the Director submits a report under this paragraph that does not demonstrate that a sufficient percentage of veterans in rural areas have adequate access to a veterans business center, the Director shall give priority during the one-year period following the date of the submission of such report to applications for designations and grants under this subsection that will establish veterans business centers in rural areas. ``(11) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $12,000,000 for fiscal year 2012 and $14,000,000 for fiscal year 2013. ``(h) Additional Grants Available to Veterans Business Centers.-- ``(1) Access to capital grant program.-- ``(A) In general.--The Director of the Veterans Business Center program shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Developing specialized programs to assist veteran-owned small businesses to secure capital and repair damaged credit. ``(ii) Providing informational seminars on securing loans to veteran-owned small businesses. ``(iii) Providing one-on-one counseling to veteran-owned small businesses to improve the financial presentations of such businesses to lenders. ``(iv) Facilitating the access of veteran- owned small businesses to both traditional and non-traditional financing sources. ``(v) Providing one-on-one or group counseling to owners of small business concerns who are members of the reserve components of the Armed Forces, as specified in section 10101 of title 10, United States Code, to assist such owners to effectively prepare their small businesses for periods when such owners are deployed in support of a contingency operation. ``(vi) Developing specialized programs to assist unemployed veterans to become entrepreneurs. ``(B) Award size.--The Director may not award to any one veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2012 and 2013. ``(2) Procurement assistance grant program.-- ``(A) In general.--The Director shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Assisting veteran-owned small businesses to identify contracts that are suitable to such businesses. ``(ii) Preparing veteran-owned small businesses to be ready as subcontractors and prime contractors for contracts made available through the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) through training and business advisement, particularly with respect to the construction trades. ``(iii) Providing veteran-owned small businesses technical assistance with respect to the Federal procurement process, including assisting such businesses to comply with Federal regulations and bonding requirements. ``(B) Award size.--The Director may not award to any one veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2012 and 2013. ``(3) Service-disabled veteran-owned small business grant program.-- ``(A) In general.--The Director shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Developing outreach programs for service-disabled veterans to promote self- employment opportunities. ``(ii) Providing training to service- disabled veterans with respect to business plan development, marketing, budgeting, accounting, and merchandising. ``(iii) Assisting service-disabled veteran- owned small businesses to locate and secure business opportunities. ``(B) Award size.--The Director may not award to any one veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2012 and 2013. ``(i) Veterans Entrepreneurial Development Summit.-- ``(1) In general.--The Director of the Veterans Business Center program is authorized to carry out an event, once every 2 years, for the purpose of providing networking opportunities, outreach, education, training, and support to veterans business centers funded under this section, veteran-owned small businesses, veterans service organizations, and other entities as determined appropriate for inclusion by the Director. Such event shall include education and training with respect to improving outreach to veterans in areas of high unemployment. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $450,000 for fiscal years 2012 and 2013. ``(j) Inclusion of Surviving Spouses.--For purposes of subsections (g), (h), and (i) the following apply: ``(1) The term `veteran' includes a surviving spouse of the following: ``(A) A member of the Armed Forces, including a reserve component thereof. ``(B) A veteran. ``(2) The term `veteran-owned small business' includes a small business owned by a surviving spouse of the following: ``(A) A member of the Armed Forces, including a reserve component thereof. ``(B) A veteran. ``(k) Inclusion of Reserve Components.--For purposes of subsections (g), (h), and (i) the following apply: ``(1) The term `veteran' includes a member of the reserve components of the Armed Forces as specified in section 10101 of title 10, United States Code. ``(2) The term `veteran-owned small business' includes a small business owned by a member of the reserve components of the Armed Forces as specified in section 10101 of title 10, United States Code.''. SEC. 3. REPORTING REQUIREMENT FOR INTERAGENCY TASK FORCE. Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is amended by adding at the end the following: ``(4) Report.--The Administrator shall submit to Congress biannually a report on the appointments made to and activities of the task force.''. SEC. 4. COMPTROLLER GENERAL STUDY OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS. The Comptroller General shall carry out a study on the effects of this Act and the amendments made by this Act on small business concerns owned and controlled by veterans and shall submit to Congress a report on the results of such study. Such report shall include the recommendations of the Comptroller General with respect to how this Act and the amendments made by this Act may be implemented to more effectively serve small business concerns owned and controlled by veterans.	Jobs for Veterans Act of 2011 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish within the SBA a Veterans Business Center program (program), headed by a Director, to provide entrepreneurial training and counseling to veterans. Authorizes the Director to make grants to each entity designated as a veterans business center. Requires each center to use such funds on veteran entrepreneurial development, counseling of veteran-owned small businesses through one-on-one instruction and classes, and providing government procurement assistance to veterans. Targets populations where veterans and veterans of Operations Iraqi Freedom. Enduring Freedom, or New Dawn exceed the national median. Requires the Director to establish, with respect to veteran-owned small businesses, grant programs for: (1) access to capital; (2) procurement assistance; and (3) service-disabled veteran-owned small businesses. Authorizes the Director to carry out, every two years, a veterans entrepreneurial development summit. Requires: (1) an annual report from the Administrator on appointments made to, and activities of, the interagency task force on veteran-owned small businesses; and (2) a study by the Comptroller General of the effects of this Act on small businesses owned and controlled by veterans.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Budget Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of Defense's increasingly large budget provides for total defense spending that is greater than that of the other 192 countries in the world combined, yet-- (A) the United States now ranks 42nd in the world in infant mortality, behind most of the nations of Western Europe and the industrialized Far East, while $60,000,000,000 of the United States defense budget is expended annually on weapons designed to thwart Soviet Union aggression during the Cold War and other wasteful programs; (B) Federal spending on elementary and secondary education has fallen to less than 8 percent of the proposed 2008 outlays for the Department of Defense, while schools throughout the Nation are eliminating programs in music, foreign language, and physical education; (C) 46,000,000 individuals in the United States lack health insurance during some period of any given year, and half that number of individuals (over 9,000,000 of whom are children) lack such insurance for the entire year; (D) the Government Accountability Office estimates that-- (i) \1/3\ of the Nation's public schools, serving 14,000,000 children, need extensive repair or need to have their entire physical plants replaced; (ii) 85 percent of the Nation's public schools, 73,000 facilities serving 40,000,000 children, need some repair work; and (iii) the total cost for the repairs and replacement described in this subparagraph is over $120,000,000,000; (E) research conducted by the National Center for Education Statistics shows that middle school students in the United States rank 9th in science test scores and 15th in math test scores internationally, behind students in such countries as the Republic of Korea, the Slovak Republic, Singapore, the Russian Federation, and Malaysia; and (F) the Government Accountability Office estimated in 2003 that the Department of Defense could not account for over $1,000,000,000,000 in funds appropriated to the Department of Defense. (2) The United States spends over $20,000,000,000 annually to maintain its nuclear arsenal, although many of the weapons in that arsenal no longer have practical utility. The United States needs to eliminate spending on obsolete weapons systems and use the funds saved to meet urgent domestic needs for health care, education, job training, and increased energy efficiency and conservation. (3) The Department of Defense is spending billions of dollars developing space weapons and preparing plans to deploy them, although-- (A) those expenditures and plans contravene White House policy, in place for a decade, that emphasizes arms control and nonproliferation pacts; and (B) the development of those weapons is opposed by many United States allies, who have rightly stated that a shift in policy towards that development will create an arms race in space. (4) The United States needs to reduce its dependence on foreign oil by promoting long-term energy security through greater investment in sustainable and renewable energy alternatives. (5) The United States is facing unprecedented challenges to national security and broader national interests. Sustainable development and humanitarian assistance programs should be a central part of United States foreign policy. To address the root causes of instability and terrorism and undercut the ability of terrorist organizations to recruit effectively, the United States needs to address the global challenges of poverty, illiteracy, unemployment, disease, and disaster by increasing funding for sustainable development and humanitarian assistance programs. SEC. 3. REDUCTIONS IN AMOUNTS AVAILABLE FOR DEFENSE AND ENERGY PROGRAMS. (a) Reductions in Amounts Available for Programs.-- (1) Department of defense programs.--Notwithstanding any other provision of law, the amounts appropriated or otherwise available for fiscal year 2008 for the Department of Defense shall be reduced by $47,000,000,000. (2) Department of energy national security programs.-- Notwithstanding any other provision of law, the amounts appropriated or otherwise available for fiscal year 2008 for the Department of Energy shall be reduced by $13,000,000,000. (b) Domestic Programs.--From amounts made available under subsection (a)-- (1) $10,000,000,000 shall be made available to carry out the modernization of school facilities under section 8007(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707(b)); (2) $9,000,000,000 shall be made available to carry out State child health plans under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.); (3) $5,000,000,000 shall be made available to carry out employment and training activities under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.) and the Department of Labor shall determine the fair apportionment of these funds on a per capita job loss basis; (4) $10,000,000,000 shall be made available to the Secretary of Energy for such programs as that Secretary may specify to increase energy efficiency and conservation and increase investment in sustainable and renewable energy alternatives; (5) $13,000,000,000 shall be made available to the Secretary of State for such sustainable development and humanitarian assistance programs as that Secretary may specify to alleviate the global challenges of poverty, illiteracy, unemployment, disease, and disaster; (6) $5,000,000,000 shall be available to the Secretary of Homeland Security to improve safeguards pursuant to the Homeland Security Act of 2002; (7) $5,000,000,000 shall be made available to reduce the deficit; and (8) $3,000,000,000 shall be made available for Veterans' health care. SEC. 4. EFFECTIVE DATE. This Act takes effect 90 days after the date of enactment of this Act.	Common Sense Budget Act of 2007 - Requires certain reductions in amounts appropriated for FY2008 for specified Department of Defense (DOD) and Department of Energy (DOE) programs. Makes amounts from such reductions available for: (1) modernization of school facilities; (2) the State Children's Health Insurance Program (SCHIP) under title XXI of the Social Security Act; (3) adult and dislocated worker employment and training activities; (4) programs to increase energy efficiency and conservation and increase investment in sustainable and renewable energy alternatives; (5) sustainable development and humanitarian assistance programs to alleviate global poverty, illiteracy, unemployment, disease, and disaster; (6) homeland security safeguard improvements; (7) deficit reduction; and (8) veterans health care.
SECTION 1. FINDINGS. The Congress makes the following findings: (1) Ensuring secure access to energy is in the highest national security interests of the United States. (2) Without secure access to oil supplies, the United States economy, which depends heavily on oil for transportation, could be severely affected. Two-thirds of the oil used in the United States is consumed by the transportation sector. (3) In 1973 OPEC placed an embargo on sales of oil to the United States, creating severe oil shortages and driving up oil prices in the United States. OPEC's action was a major factor in the recession which followed shortly thereafter. (4) Under the ``Carter Doctrine'', announced by President Carter in 1980, ``An attempt by any outside forces to gain control of the Persian Gulf region will be regarded as an assault on the vital interests of the United States of America, and such an assault will be repelled by any means necessary, including military force.''. (5) Following the Iraqi invasion of Kuwait in 1990, the United States sent more than 500,000 troops to the Persian Gulf to expel the Iraqi troops, liberate Kuwait, protect Saudi Arabia, and ensure access to Persian Gulf oil. (6) Many major oil producing nations do not share United States values of democracy, freedom of expression, thought, and religion, and equality for women. (7) During the Afghanistan conflict and the war on terrorism, many oil producing nations did not openly support the United States campaign to end the terror, and many of the terrorists of September 11 came from major OPEC nations. (8) It is in the highest national security interests of the United States to substantially reduce our dependence on oil as soon as possible, to secure our access to oil supplies, and to reduce our dependence on nations which do not share our interests and values. (9) Because most oil is consumed by the transportation sector, reduction of our dependence on oil can only come from major increases in fuel efficiency in cars, sport utility vehicles, light trucks, and other vehicles. SEC. 2. FUEL EFFICIENCY VEHICLE CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following: ``SEC. 30B. FUEL EFFICIENCY VEHICLE CREDIT. ``(a) Allowance of Credit.-- ``(1) Fuel economy not less than 40 miles per gallon.--At the election of the taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the cost of any qualified fuel-effi cient vehicle placed in service by the taxpayer during the taxable year. ``(2) Fuel economy not less than 50 miles per gallon.--In the case of a qualified fuel-efficient vehicle in which the fuel economy (within the meaning of subsection (c)(1)) is not less than 50 miles per gallon-- ``(A) paragraph (1) shall be applied by substituting `35 percent' for `25 percent', and ``(B) subsection (b) shall be applied by substituting `$6,000' for $5,000'. ``(b) Limitation.--The amount of the credit allowed by subsection (a) shall not exceed $5,000. ``(c) Qualified Fuel-Efficient Vehicle.--For purposes of this section, the term `qualified fuel-efficient vehicle' means a motor vehicle (as defined in section 30(c)(2))-- ``(1) in which the fuel economy (determined in accordance with section 4064) of such vehicle is rated at not less than 40 miles per gallon, ``(2) which is-- ``(A) an automobile (as defined in section 4064(b)), or ``(B) a truck or van with an unloaded gross vehicle weight rating not greater than 7,500 pounds, and ``(3) which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle. ``(d) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit. ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states, etc. not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 30, 179, or 179A. ``(e) Carryforward of Unused Credits.--If the credit allowable under subsection (a) for any taxable year exceeds-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and this part (other than this section), over ``(2) the tentative minimum tax for the taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (b) Clerical Amendment.--The table of sections for such subpart B is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Fuel-efficiency vehicle credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. FUEL EFFICIENT VEHICLE ASSEMBLY 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 adding at the end the following new section: ``SEC. 45G. FUEL-EFFICIENT VEHICLE ASSEMBLY CREDIT. ``(a) General Rule.--For purposes of section 38, the fuel-efficient vehicle assembly credit determined under this section for the taxable year is an amount equal to the product of $2,000 and the number of qualified fuel-efficient vehicles manufactured or produced in the United States by the taxpayer during the taxable year for their 1st retail sale. ``(b) Qualified Fuel-Efficient Vehicle.--For purposes of subsection (a), the term `qualified fuel-efficient vehicle' has the meaning given to such term by section 30B(c). ``(c) 1st Retail Sale.--For purposes of subsection (a), the term `1st retail sale' has the meaning given to such term by section 4002.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the fuel-efficient vehicle assembly credit determined under section 45G(a).''. (c) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45F the following new item: ``Sec. 45G. Fuel-efficient vehicle assembly credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. LOAN GUARANTEES. (a) General Authority.--The Secretary of Energy may provide loan guarantees to manufacturers of motor vehicles or of motor vehicle engines for the purposes described in subsection (b). (b) Eligible Purposes.--Loans guaranteed under this section shall be used for the costs of conversion from the manufacture of motor vehicles or engines achieving less than 40 miles per gallon of gasoline to the manufacture of motor vehicles or engines achieving more than 40 miles per gallon of gasoline. Such loans may not be used for advertising or promotional costs. (c) Aggregate Amount of Loan Guarantees.--The aggregate amount of loans that may be guaranteed under this section at any one time shall not exceed $1,000,000,000. (d) Limitation on Loan Guarantee Size.--The Secretary shall not guarantee a loan under this section for an amount greater than $100,000,000. (e) Rates of Interest.--The Secretary shall not make a loan guarantee under this section if the interest rate for the loan exceeds that which the Secretary determines to be reasonable, taking into consideration the prevailing interest rates and customary fees incurred under similar obligations in the private capital market. (f) Ability To Repay.--The Secretary shall not make a loan guarantee under this section unless the Secretary has made a finding in writing that the recipient of the loan is likely to be able to repay the loan according to its terms. (g) Applications.--The Secretary shall prescribe the form and contents required of applications for assistance under this section, to enable the Secretary to determine the eligibility of the applicant's proposal, and shall establish terms and conditions for loan guarantees made under this section. (h) Full Faith and Credit.--All guarantees entered into by the Secretary under this section shall constitute general obligations of the United States backed by the full faith and credit of the United States. (i) Modifications.--The Secretary may approve the modification of any term or condition of a loan guarantee or loan guarantee commitment, including the rate of interest, time of payment of interest or principal, or security requirements, if the Secretary finds in writing that-- (1) the modification is equitable and is in the overall best interests of the United States; and (2) consent has been obtained from the applicant and the holder of the obligation. (j) Default.--The Secretary shall prescribe regulations setting forth procedures in the event of default on a loan guaranteed under this section. The Secretary shall ensure that each loan guarantee made under this section contains terms and conditions that provide that-- (1) if a payment of principal or interest under the loan is in default for more than 30 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, the amount of unpaid guaranteed interest; (2) if the default has continued for more than 90 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, 90 percent of the unpaid guaranteed principal; (3) after final resolution of the default, through liquidation or otherwise, the Secretary shall pay to the holder of the obligation, or the holder's agent, any remaining amounts guaranteed but which were not recovered through the default's resolution; (4) the Secretary shall not be required to make any payment under paragraphs (1) through (3) if the Secretary finds, before the expiration of the periods described in such paragraphs, that the default has been remedied; and (5) the holder of the obligation shall not receive payment or be entitled to retain payment in a total amount which, together with all other recoveries (including any recovery based upon a security interest in equipment or facilities) exceeds the actual loss of such holder. (k) Rights of the Secretary.-- (1) Subrogation.--If the Secretary makes payment to a holder, or a holder's agent, under subsection (j) in connection with a loan guarantee made under this section, the Secretary shall be subrogated to all of the rights of the holder with respect to the obligor under the loan. (2) Disposition of property.--The Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, rent, sell, or otherwise dispose of any property or other interests obtained pursuant to this section. The Secretary shall not be subject to any Federal or State regulatory requirements when carrying out this paragraph. (l) Action Against Obligor.--The Secretary may bring a civil action in an appropriate Federal court in the name of the holder of the obligation in the event of a default on a loan guaranteed under this section. The holder of a guarantee shall make available to the Secretary all records and evidence necessary to prosecute the civil action. The Secretary may accept property in full or partial satisfaction of any sums owed as a result of a default. If the Secretary receives, through the sale or other disposition of such property, an amount greater than the aggregate of-- (1) the amount paid to the holder of a guarantee under subsection (j); and (2) any other cost to the United States of remedying the default, the Secretary shall pay such excess to the obligor. (m) Breach of Conditions.--The Attorney General shall commence a civil action in an appropriate Federal court to enjoin any activity which the Secretary finds is in violation of this section, regulations issued hereunder, or any conditions which were duly agreed to, and to secure any other appropriate relief. (n) Attachment.--No attachment or execution may be issued against the Secretary, or any property in the control of the Secretary, prior to the entry of final judgment to such effect in any State, Federal, or other court. (o) Investigation Charge.--The Secretary may charge and collect from each applicant a reasonable charge for appraisal of the value of the equipment or facilities for which the loan guarantee is sought, and for making necessary determinations and findings. Such charge shall not aggregate more than one-half of 1 percent of the principal amount of the obligation. (p) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy for carrying out this section such sums as may be necessary for fiscal years 2006 through 2010. (q) Definitions.--For purposes of this section: (1) The term ``loan guarantee'' means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. (2) The term ``loan guarantee commitment'' means a binding agreement by the Secretary of Energy to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement. (3) The term ``modification'' means any Government action that alters the estimated cost of an outstanding loan guarantee (or loan guarantee commitment) from the current estimate of cash flows. This includes the sale of loan assets, with or without recourse, and the purchase of guaranteed loans. This also includes any action resulting from new legislation, or from the exercise of administrative discretion under existing law, that directly or indirectly alters the estimated cost of outstanding loan guarantees (or loan guarantee commitments) such as a change in collection procedures. SEC. 5. PERMANENT EXTENSION OF RESEARCH CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 6. INCREASE IN RATES OF ALTERNATIVE INCREMENTAL CREDIT. (a) In General.--Subparagraph (A) of section 41(c)(4) of the Internal Revenue Code of 1986 (relating to election of alternative incremental credit) is amended-- (1) by striking ``2.65 percent'' and inserting ``3 percent'', (2) by striking ``3.2 percent'' and inserting ``4 percent'', and (3) by striking ``3.75 percent'' and inserting ``5 percent''. (b) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 7. EXCLUSION OF QUALIFIED FUEL-EFFICIENT VEHICLES FROM CALCULATION OF AVERAGE FUEL ECONOMY OF A MANUFACTURER. Section 32904(a) of title 49, United States Code, is amended by adding at the end the following: ``(3) In calculating the average fuel economy of a manufacturer under paragraph (1), the Administrator shall not consider any automobile manufactured by the manufacturer for which a credit is allowed under section 38(a)(16) of the Internal Revenue Code of 1986.''.	Amends the Internal Revenue Code to: (1) allow a tax credit for 25 percent of the cost of certain automobiles, trucks, or vans with fuel efficiency ratings of not less than 40 miles per gallon (35 percent for ratings of not less than 50 miles per gallon); (2) allow a business tax credit for the manufacture or production in the United States of qualified fuel-efficient automobiles for first retail sale; (3) make permanent the tax credit for increasing research activities; and (4) increase the rates of the alternative incremental tax credit for research activities. Authorizes the Secretary of Energy to provide loan guarantees up to $100 million per loan (up to $1 billion aggregate) to automobile manufacturers for the cost of converting to automobiles with a fuel efficiency rating of more than 40 miles per gallon. Prohibits the Administrator of the Environmental Protection Agency (EPA) from considering any automobile allowed a fuel-efficiency tax credit under this Act in calculating the average fuel economy of a manufacturer.