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TITLE I--FEDERAL TORT CLAIMS AMENDMENTS SEC. 101. REMEDY FOR UNLAWFUL HUMAN EXPERIMENTATION. Chapter 171 of title 28, United States Code, is amended by inserting after section 2680 the following: ``Sec. 2681. Human Experimentation ``Section 2680 shall not apply to-- ``(1) any claim arising out of conduct or research involving a human being as an experimental subject without the informed consent of the subject or a legal representative of the subject; or ``(2) any claim arising out of the subjection of a human being to any experimental chemical, radiological, or biological agent, drug, or other test article without the informed consent of the human subject or a legal representative of the subject. ``Sec. 2682. Nuclear Weapons Facility Operations. ``Section 2680 shall not apply to any claim arising out of operations of any federally owned nuclear weapons facility involved in the production of nuclear weapons under the authority of the Secretary of Energy or any predecessor which had such authority.''. SEC. 102. CONFORMING AMENDMENT. The table of contents for such chapter 171 is amended by adding after the item relating to section 2680 the following: ``2681. Human experimentation. ``2682. Nuclear weapons facility operations.''. TITLE II--CONSTITUTIONAL AND HUMAN RIGHTS VIOLATIONS SEC. 201. JURISDICTION OF DISTRICT COURTS. Section 1346(b) of title 28, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by adding at the end thereof the following new paragraph: ``(2) Subject to the provisions of chapter 172, the district courts shall have exclusive jurisdiction of civil actions on claims for money damages based on constitutional torts.''. SEC. 202. CONSTITUTIONAL TORTS PROCEDURE. Title 28 of the United States Code is amended by inserting after chapter 171 the following new chapter: ``CHAPTER 172--CONSTITUTIONAL TORTS ``Sec. 2691. Definitions ``As used in this chapter and sections 1346(b)(2) and 2401(b)(2)-- ``(1) the term `Federal agency' includes any executive department, military department, independent establishment of the United States, any person or entity acting as an instrumentality or agent of the United States, any contractor with the United States, any other establishment of the United States (including the Executive Office of the President), and any party acting in concert with the United States; ``(2) the term `employee of the Government' includes officers and employees in the executive branch of the Federal Government, members of the military or naval forces of the United States, members of the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32, and any person acting on behalf of or in concert with a Federal agency, temporarily or permanently in the service of the United States, whether with or without compensation, and whose acts or omissions are done with the knowledge or consent of the United States; and ``(3) the term `constitutional tort' means a violation of the Constitution of the United States or violation of human rights resulting from or caused by the act or omission of a Federal agency or an employee of the Government while acting within the scope of the employee's office, employment, or apparent authority, or which results from the negligent supervision of an employee of the Government. ``Sec. 2692. Administrative adjustment of claims ``(a) The head of each Federal agency may, in accordance with regulations prescribed by the Attorney General, compromise and settle any claim for money damages based on a constitutional tort, except that any award, compromise, or settlement in excess of $25,000 shall be effected only with the prior written approval of the Attorney General. ``(b) Any award, compromise, settlement, or determination made under this section shall be final and conclusive on the United States, except when procured by means of fraud. ``(c) Payment of any award, compromise, or settlement made under this section or made by the Attorney General in any amount under section 2697 shall be paid in a manner similar to judgments and compromises in like causes. Appropriations or funds available for the payment of such judgments and compromises shall be available for the payment of awards, compromises, or settlements under this chapter. ``(d) The acceptance by a claimant of any award, compromise, or settlement made under this section or section 2697 shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the United States and against the employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter. ``Sec. 2693. Liability of the United States ``(a) The United States shall be liable for compensatory damages for any constitutional tort, but shall not be liable for interest prior to judgment or for punitive damages except as herein provided. With respect to any claim for money damages based on a constitutional tort, the United States shall be liable for an amount not greater than either-- (1) actual damages, or (2) nominal damages in an amount which is the greater of-- (A) $25,000, or (B) in the case of a continuing violation, $500 per day for each violation. If the conduct giving rise to the constitutional tort claim was undertaken willfully or recklessly, the court shall award, in addition, exemplary damages as are just and reasonable under the circumstances, as determined by the trier of fact. ``(b) A class action in conformity with the requirements of the Federal Rules of Civil Procedure may be instituted on a constitutional tort claim if it satisfies the provisions of rule 23 thereof, and shall be maintained where certified by the court before which the action is filed. ``Sec. 2694. Disposition by Federal agency as prerequisite; evidence ``(a) An action shall not be instituted upon a claim against the United States for money damages based on a constitutional tort unless the claimant shall have first presented the claim to the appropriate Federal agency and that claim shall have been finally denied by the agency in writing and sent to the claimant by certified or registered mail. The failure of an agency to make final disposition of a claim within 6 months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section. This subsection shall not apply to such claims as may be asserted under the Federal Rules of Civil Procedure by third-party complaint, cross-claim, or counterclaim. ``(b) Except as to a class action claim or if damages are not fully ascertainable at the time of presentation pursuant to subsection (a), an action under this section shall not be instituted for any sum in excess of the amount of the claim presented to the Federal agency, except where the increased amount is based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim to the Federal agency or upon allegation and proof of intervening facts, relating to the amount of the claim. ``Sec. 2695. Jury trial ``Any action brought pursuant to this chapter upon a claim for money damages based on a constitutional tort shall, at the request of any party to such action, be tried by the court with a jury. ``Sec. 2696. Judgment as bar ``The judgment in an action under section 1346(b)(2) shall constitute a complete bar to any action by the claimant involved, by reason of the same constitutional violation against the employee of the Government whose act or omission gave rise to the claim, but shall not act as a release on any claim for violation of any other law. ``Sec. 2697. Compromise ``The Attorney General may arbitrate, compromise, or settle any claim cognizable under section 1346(b)(2), after the commencement of an action on that claim. ``Sec. 2698. Attorney fees; penalty ``(a) Any claimant to whom a judgment is awarded under section 1346(b)(2), or to whom an award, compromise, or settlement is made under section 2697 or 2692 shall, in addition to such judgment, award, compromise, or settlement, be entitled to receive a reasonable attorney's fee and other litigation costs reasonably incurred, including attorney fees and costs attributable to processing an administrative claim under section 2692. The amount of such attorney's fee may not exceed 25 per cent of any judgment rendered under section 1346(b)(2) or any award, compromise, or settlement made under section 2697, except as otherwise approved by the court before whom the action is filed, or 20 per cent of any award, compromise, or settlement made under section 2692. ``(b) Any attorney who charges, demands, receives, or collects for services rendered in connection with a judgment, award, compromise, or settlement described in subsection (a) any amount in excess of that allowed under subsection (a) shall, if recovery be had, be fined not more than $2,000 or imprisoned not more than one year, or both. ``Sec. 2699. Exclusiveness of remedy ``(a) The authority of any Federal agency to sue and be sued in its own name shall not be construed to authorize suits against such Federal agency on constitutional tort claims arising under this chapter which are cognizable under section 1346(b)(2), and the remedies provided by this title in such case shall be exclusive. ``(b)(1) Upon filing a claim with the district court under section 1346(b)(2), the remedy against the United States provided by section 2693 for claims for money damages based on constitutional torts shall be exclusive of any other Federal civil action or proceeding for money damages by reason of the same subject matter against the employee whose act or omission gave rise to the claim or against the estate of such employee. ``(2) Paragraph (1) does not extend or apply to a civil action against an employee of the Government-- ``(A) which is brought against the employee for acting outside the scope of the employee's office or employment in violation of the Constitution of the United States, or ``(B) which is brought for a violation of a statute of the United States or a statute of any State under which such action against an individual is otherwise authorized. ``(c) The provisions of this chapter shall be limited to constitutional tort claims against Federal agencies or employees of the Government. Nothing in this chapter shall preclude or preempt suit against any person or entity on any other claim, whether based on international, Federal, State, or common law, and no provision of this chapter shall act as a release, waiver, or bar to such claim. ``(d) Upon certification by the Attorney General pursuant to subsection (e), the Attorney General shall defend any civil action or proceeding brought in any court against any employee of the Government or against the estate of such employee for money damages based on any constitutional tort. The employee against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon the employee or an attested true copy thereof to the employee's immediate superior or to whomever was designated by the head of the employee's department to receive such papers and such person shall promptly furnish copies of the pleadings and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the head of the employee's employing Federal agency. ``(e)(1) Upon certification by the Attorney General that the defendant was acting within the scope of the defendant's office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a United States district court shall be deemed an action against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. ``(2) Upon certification by the Attorney General that the defendant was acting within the scope of the defendant's office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place in which the action or proceeding is pending. Such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. This certification of the Attorney General shall conclusively establish scope of office or employment for purposes of removal. ``(3) In the event that the Attorney General has refused to certify scope of office or employment under this section, the employee may at any time before trial, petition the court to find and certify that the employee was acting within the scope of the employee's office or employment. Upon such certification by the court, such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. A copy of the petition shall be served upon the United States in accordance with the provisions of rule 4(d)(4) of the Federal Rules of Civil Procedure. In the event the petition is filed in a civil action or proceeding pending in a State court, the action or proceeding may be removed without bond by the Attorney General to the district court of the United States for the district and division embracing the place in which it is pending. If, in considering the petition, the district court determines that the employee was not acting within the scope of the employee's office or employment, the action or proceeding shall be remanded to the State court. ``(4) Upon certification, any action or proceeding subject to paragraph (1), (2), or (3) shall proceed in the same manner as any action against the United States filed pursuant to section 1346(b)(2) and shall be subject to the limitations and exceptions applicable to those actions. ``(5) Whenever an action or proceeding in which the United States is substituted as the party defendant under this subsection is dismissed for failure to first present a claim pursuant to section 2694(a), such a claim shall be deemed to be timely presented under section 2401(b)(2) if-- ``(A) the claim would have been timely had it been filed on the date the underlying civil action was commenced, and ``(B) the claim is presented to the appropriate Federal agency within 60 days after dismissal of the civil action. ``(f) The Attorney General may compromise or settle any claim asserted in any civil action or proceeding described in this section in the manner provided in section 2697, and with the same effect. ``Sec. 2700. Administrative action concerning employee ``Where an action or proceeding under section 1346(b)(2) or 2692 on a constitutional tort results in a judgment against the United States or an award, compromise, or settlement paid by the United States, the Attorney General shall forward the matter to the head of the Federal agency which employed the employee at the time of the employee's alleged act or omission giving rise to the claim upon which the action or proceeding was based, for such further administrative investigation or disciplinary action as may be appropriate. In any administrative proceeding relating to such investigation or disciplinary action, the employee may assert as a defense the employee's reasonable good-faith belief in the lawfulness of the employee's conduct.''. SEC. 203. STATUTE OF LIMITATION, TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 2401.--Section 2401(b) of title 28, United States Code, concerning the statute of limitations, is amended-- (1) by inserting ``(1)'' immediately after ``(b)''; (2) by inserting ``cognizable under section 1346(b)(1) of chapter 171'' after ``United States''; (3) by adding at the end the following: ``any claim arising out of unlawful human experimentation within the meaning of section 2681 shall not be barred if presented in writing to the appropriate Federal agency within 3 years from the date of the enactment of section 2681.''; and (4) by adding after paragraph (1) the following: ``(2) A claim for money damages based on a constitutional tort against the United States cognizable under section 1346(b)(2) of chapter 172 shall be forever barred unless it is presented in writing to the appropriate Federal agency within 2 years after such claim accrues or unless action is begun within 6 months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented, except that any claim accruing prior to enactment of chapter 172 shall not be barred if presented in writing to the appropriate Federal agency within 3 years from the date of enactment of chapter 172.''. (b) Section 2402.--Section 2402 of title 28, United States Code, is amended by inserting ``or 1346(b)(2)'' after ``1346(a)(1)''. (c) Section 2674.--Section 2674 of title 28, United States Code, is amended by inserting immediately after ``claims'' the following: ``to which section 1346(b)(1) of this title applies''. (d) Multiple Sections.--Sections 2676, 2677, 2678, and 2679 of title 28, United States Code, are amended by striking out ``1346(b)'' each place it appears and inserting in lieu thereof ``1346(b)(1)''. (e) Section 2680.--Section 2680 of title 28, United States Code, is amended by striking out ``1346(b)'' and inserting in lieu thereof ``1346(b)(1)''. (f) Section 1402.--Section 1402(b) of title 28, United States Code, is amended by striking out ``subsection (b)'' and inserting in lieu thereof ``subsections (b)(1) and (b)(2)''. (g) Table of Chapters.--The table of chapters for part VI of title 28, United States Code, is amended by inserting after the item relating to chapter 171 the following new item: ``172. Constitutional Torts................................. 2691''.

TABLE OF CONTENTS: Title I: Federal Tort Claims Amendments Title II: Constitutional and Human Rights Violations Title I: Federal Tort Claims Amendments - Makes the Federal Tort Claims Act applicable to any claim arising out of: (1) conduct or research involving a human being as an experimental subject without the informed consent of the subject or a legal representative; (2) the subjection of a human being to any experimental chemical, radiological, or biological agent, drug, or other test article without informed consent; and (3) operations of any federally owned nuclear weapons facility involved in the production of nuclear weapons under the authority of the Secretary of Energy or any predecessor. Title II: Constitutional and Human Rights Violations - Grants the district courts exclusive jurisdiction of civil actions on claims for money damages based on constitutional torts. Authorizes the head of each Federal agency to compromise and settle any claim for money damages based on a constitutional tort, except that any award, compromise, or settlement in excess of $25,000 shall be effected only with the Attorney General's prior written approval. Sets forth provisions regarding limits on the liability of the United States, disposition by a Federal agency as a prerequisite to court action, jury trial requirements, the effect of certain judgments as a bar to an action, the Attorney General's authority to compromise such a claim, attorney's fees, exclusiveness of remedy, and administrative action concerning the responsible employee when a judgment is awarded against, or a settlement is paid by, the United States. Establishes a statute of limitations of: (1) three years for claims arising out of unlawful human experimentation; and (2) two years for claims against the United States for money damages based on a constitutional tort, with exceptions.

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SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Government Management Reform Act of 1994''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. TITLE I--LIMITATION ON PAY Sec. 101. Limitation on certain annual pay adjustments. TITLE II--HUMAN RESOURCE MANAGEMENT Sec. 201. SES annual leave accumulation. TITLE III--STREAMLINING MANAGEMENT CONTROL Sec. 301. Authority to increase efficiency in reporting to Congress. TITLE IV--FINANCIAL MANAGEMENT Sec. 401. Short title. Sec. 402. Electronic payments. Sec. 403. Franchise fund pilot programs. Sec. 404. Simplification of management reporting process. Sec. 405. Annual financial reports. TITLE I--LIMITATION ON PAY SEC. 101. LIMITATION ON CERTAIN ANNUAL PAY ADJUSTMENTS. Effective as of December 31, 1994-- (1) section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) is amended-- (A) by striking out ``(2) Effective'' and inserting in lieu thereof ``(2)(A) Subject to subparagraph (B), effective''; and (B) by adding at the end thereof the following: ``(B) In no event shall the percentage adjustment taking effect under subparagraph (A) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule.''; (2) section 104 of title 3, United States Code, is amended-- (A) in the first sentence by inserting ``(a)'' before ``The''; (B) in the second sentence by striking out ``Effective'' and inserting in lieu thereof ``Subject to subsection (b), effective''; and (C) by adding at the end thereof the following: ``(b) In no event shall the percentage adjustment taking effect under the second and third sentences of subsection (a) in any calendar year (before rounding) exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5 in the rates of pay under the General Schedule.''; (3) section 5318 of title 5, United States Code, is amended-- (A) in the first sentence by striking out ``Effective'' and inserting in lieu thereof ``(a) Subject to subsection (b), effective''; and (B) by adding at the end thereof the following: ``(b) In no event shall the percentage adjustment taking effect under subsection (a) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 in the rates of pay under the General Schedule.''; and (4) section 461(a) of title 28, United States Code, is amended-- (A) by striking out ``(a) Effective'' and inserting in lieu thereof ``(a)(1) Subject to paragraph (2), effective''; and (B) by adding at the end thereof the following: ``(2) In no event shall the percentage adjustment taking effect under paragraph (1) in any calendar year (before rounding), in any salary rate, exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5 in the rates of pay under the General Schedule.''. TITLE II--HUMAN RESOURCE MANAGEMENT SEC. 201. SES ANNUAL LEAVE ACCUMULATION. (a) In General.--Effective on the first day of the first applicable pay period beginning after the date of the enactment of this Act, subsection (f) of section 6304 of title 5, United States Code, is amended to read as follows: ``(f)(1) This subsection applies with respect to annual leave accrued by an individual while serving in a position in-- ``(A) the Senior Executive Service; ``(B) the Senior Foreign Service; ``(C) the Defense Intelligence Senior Executive Service; ``(D) the Senior Cryptologic Executive Service; or ``(E) the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. ``(2) For purposes of applying any limitation on accumulation under this section with respect to any annual leave described in paragraph (1)-- ``(A) `30 days' in subsection (a) shall be deemed to read `90 days'; and ``(B) `45 days' in subsection (b) shall be deemed to read `90 days'.''. (b) Use of Excess Leave.--Notwithstanding the amendment made by subsection (a), in the case of an employee who, on the effective date of subsection (a), is subject to subsection (f) of section 6304 of title 5, United States Code, and who has to such employee's credit annual leave in excess of the maximum accumulation otherwise permitted by subsection (a) or (b) of section 6304 (determined applying the amendment made by subsection (a)), such excess annual leave shall remain to the credit of the employee and be subject to reduction, in the same manner as provided in subsection (c) of section 6304. TITLE III--STREAMLINING MANAGEMENT CONTROL SEC. 301. AUTHORITY TO INCREASE EFFICIENCY IN REPORTING TO CONGRESS. (a) Purpose.--The purpose of this title is to improve the efficiency of executive branch performance in implementing statutory requirements for reports to Congress and committees of Congress such as the elimination or consolidation of duplicative or obsolete reporting requirements and adjustments to deadlines that shall provide for more efficient workload distribution or improve the quality of reports. (b) Authority of the Director.--The Director of the Office of Management and Budget may publish annually in the budget submitted by the President to the Congress, recommendations for consolidation, elimination, or adjustments in frequency and due dates of statutorily required periodic reports to the Congress or committees of Congress. For each recommendation, the Director shall provide an individualized statement of the reasons that support the recommendation. In addition, for each report for which a recommendation is made, the Director shall state with specificity the exact consolidation, elimination, or adjustment in frequency or due date that is recommended. (c) Recommendations.--The Director's recommendations shall be consistent with the purpose stated in subsection (a). (d) Consultation.--Before the publication of the recommendations under subsection (b), the Director or his designee shall consult with the appropriate congressional committees concerning the recommendations. TITLE IV--FINANCIAL MANAGEMENT SEC. 401. SHORT TITLE. This title may be cited as the ``Federal Financial Management Act of 1994''. SEC. 402. ELECTRONIC PAYMENTS. (a) In General.--Section 3332 of title 31, United States Code, is amended to read as follows: ``Sec. 3332. Required direct deposit ``(a)(1) Notwithstanding any other provision of law, all Federal wage, salary, and retirement payments shall be paid to recipients of such payments by electronic funds transfer, unless another method has been determined by the Secretary of the Treasury to be appropriate. ``(2) Each recipient of Federal wage, salary, or retirement payments shall designate one or more financial institutions or other authorized payment agents and provide the payment certifying or authorizing agency information necessary for the recipient to receive electronic funds transfer payments through each institution so designated. ``(b)(1) The head of each agency shall waive the requirements of subsection (a) of this section for a recipient of Federal wage, salary, or retirement payments authorized or certified by the agency upon written request by such recipient. ``(2) Federal wage, salary, or retirement payments shall be paid to any recipient granted a waiver under paragraph (1) of this subsection by any method determined appropriate by the Secretary of the Treasury. ``(c)(1) The Secretary of the Treasury may waive the requirements of subsection (a) of this section for any group of recipients upon request by the head of an agency under standards prescribed by the Secretary of the Treasury. ``(2) Federal wage, salary, or retirement payments shall be paid to any member of a group granted a waiver under paragraph (1) of this subsection by any method determined appropriate by the Secretary of the Treasury. ``(d) This section shall apply only to recipients of Federal wage or salary payments who begin to receive such payments on or after January 1, 1995, and recipients of Federal retirement payments who begin to receive such payments on or after January 1, 1995. ``(e) The crediting of the amount of a payment to the appropriate account on the books of a financial institution or other authorized payment agent designated by a payment recipient under this section shall constitute a full acquittance to the United States for the amount of the payment.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 31, United States Code, is amended by amending the item for section 3332 to read: ``3332. Required direct deposit.''. SEC. 403. FRANCHISE FUND PILOT PROGRAMS. (a) Establishment.--There is authorized to be established on a pilot program basis in each of six executive agencies a franchise fund. The Director of the Office of Management and Budget, after consultation with the chairman and ranking members of the Committees on Appropriations and Governmental Affairs of the Senate, and the Committees on Appropriations and Government Operations of the House of Representatives, shall designate the agencies. (b) Uses.--Each such fund may provide, consistent with guidelines established by the Director of the Office of Management and Budget, such common administrative support services to the agency and to other agencies as the head of such agency, with the concurrence of the Director, determines can be provided more efficiently through such a fund than by other means. To provide such services, each such fund is authorized to acquire the capital equipment, automated data processing systems, and financial management and management information systems needed. Services shall be provided by such funds on a competitive basis. (c) Funding.--(1) There are authorized to be appropriated to the franchise fund of each agency designated under subsection (a) such funds as are necessary to carry out the purposes of the fund, to remain available until expended. To the extent that unexpended balances remain available in other accounts for the purposes to be carried out by the fund, the head of the agency may transfer such balances to the fund. (2) Fees for services shall be established by the head of the agency at a level to cover the total estimated costs of providing such services. Such fees shall be deposited in the agency's fund to remain available until expended, and may be used to carry out the purposes of the fund. (3) Existing inventories, including inventories on order, equipment, and other assets or liabilities pertaining to the purposes of the fund may be transferred to the fund. (d) Report on Pilot Programs.--Within 6 months after the end of fiscal year 1997, the Director of the Office of Management and Budget shall forward a report on the results of the pilot programs to the Committees on Appropriations of the Senate and of the House of Representatives, and to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives. The report shall contain the financial and program performance results of the pilot programs, including recommendations for-- (1) the structure of the fund; (2) the composition of the funding mechanism; (3) the capacity of the fund to promote competition; and (4) the desirability of extending the application and implementation of franchise funds to other Federal agencies. (e) Procurement.--Nothing in this section shall be construed as relieving any agency of any duty under applicable procurement laws. (f) Termination.--The provisions of this section shall expire on October 1, 1999. SEC. 404. SIMPLIFICATION OF MANAGEMENT REPORTING PROCESS. (a) In General.--To improve the efficiency of executive branch performance in implementing statutory requirements for financial management reporting to the Congress and its committees, the Director of the Office of Management and Budget may adjust the frequency and due dates of or consolidate any statutorily required reports of agencies to the Office of Management and Budget or the President and of agencies or the Office of Management and Budget to the Congress under any laws for which the Office of Management and Budget has financial management responsibility, including-- (1) chapters 5, 9, 11, 33, 35, 37, 39, 75, and 91 of title 31, United States Code; (2) the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law 101-410; 104 Stat. 890). (b) Application.--The authority provided in subsection (a) shall apply only to reports of agencies to the Office of Management and Budget or the President and of agencies or the Office of Management and Budget to the Congress required by statute to be submitted between January 1, 1995, and September 30, 1997. (c) Adjustments in Reporting.--The Director may consolidate or adjust the frequency and due dates of any statutorily required reports under subsections (a) and (b) only after-- (1) consultation with the Chairman of the Senate Committee on Governmental Affairs and the Chairman of the House of Representatives Committee on Government Operations; and (2) written notification to the Congress, no later than February 8 of each fiscal year covered under subsection (b) for those reports required to be submitted during that fiscal year. SEC. 405. ANNUAL FINANCIAL REPORTS. (a) Financial Statements.--Section 3515 of title 31, United States Code, is amended to read as follows: ``Sec. 3515. Financial statements of agencies ``(a) Not later than March 1 of 1997 and each year thereafter, the head of each executive agency identified in section 901(b) of this title shall prepare and submit to the Director of the Office of Management and Budget an audited financial statement for the preceding fiscal year, covering all accounts and associated activities of each office, bureau, and activity of the agency. ``(b) Each audited financial statement of an executive agency under this section shall reflect-- ``(1) the overall financial position of the offices, bureaus, and activities covered by the statement, including assets and liabilities thereof; and ``(2) results of operations of those offices, bureaus, and activities. ``(c) The Director of the Office of Management and Budget shall identify components of executive agencies that shall be required to have audited financial statements meeting the requirements of subsection (b). ``(d) The Director of the Office of Management and Budget shall prescribe the form and content of the financial statements of executive agencies under this section, consistent with applicable accounting and financial reporting principles, standards, and requirements. ``(e) The Director of the Office of Management and Budget may waive the application of all or part of subsection (a) for financial statements required for fiscal years 1996 and 1997. ``(f) Not later than March 1 of 1995 and 1996, the head of each executive agency identified in section 901(b) of this title and designated by the Director of the Office of Management and Budget shall prepare and submit to the Director of the Office of Management and Budget an audited financial statement for the preceding fiscal year, covering all accounts and associated activities of each office, bureau, and activity of the agency. ``(g) Not later than March 31 of 1995 and 1996, for executive agencies not designated by the Director of the Office of Management and Budget under subsection (f), the head of each executive agency identified in section 901(b) of this title shall prepare and submit to the Director of the Office of Management and Budget a financial statement for the preceding fiscal year, covering-- ``(1) each revolving fund and trust fund of the agency; and ``(2) to the extent practicable, the accounts of each office, bureau, and activity of the agency which performed substantial commercial functions during the preceding fiscal year. ``(h) For purposes of subsection (g), the term `commercial functions' includes buying and leasing of real estate, providing insurance, making loans and loan guarantees, and other credit programs and any activity involving the provision of a service or thing for which a fee, royalty, rent, or other charge is imposed by an agency for services and things of value it provides.''. (b) Audits by Agencies.--Subsection 3521(f) of title 31, United States Code, is amended to read as follows: ``(f)(1) For each audited financial statement required under subsections (a) and (f) of section 3515 of this title, the person who audits the statement for purpose of subsection (e) of this section shall submit a report on the audit to the head of the agency. A report under this subsection shall be prepared in accordance with generally accepted government auditing standards. ``(2) Not later than June 30 following the fiscal year for which a financial statement is submitted under subsection (g) of section 3515 of this title, the person who audits the statement for purpose of subsection (e) of this section shall submit a report on the audit to the head of the agency. A report under this subsection shall be prepared in accordance with generally accepted government auditing standards.''. (c) Governmentwide Financial Statement.--Section 331 of title 31, United States Code, is amended by adding the following new subsection: ``(e)(1) Not later than March 31 of 1998 and each year thereafter, the Secretary of the Treasury, in coordination with the Director of the Office of Management and Budget, shall annually prepare and submit to the President and the Congress an audited financial statement for the preceding fiscal year, covering all accounts and associated activities of the executive branch of the United States Government. The financial statement shall reflect the overall financial position, including assets and liabilities, and results of operations of the executive branch of the United States Government, and shall be prepared in accordance with the form and content requirements set forth by the Director of the Office of Management and Budget. ``(2) The Comptroller General of the United States shall audit the financial statement required by this section.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Limitation on Pay Title II: Human Resource Management Title III: Streamlining Management Control Title IV: Financial Management Government Management Reform Act of 1994 - Title I: Limitation on Pay - Amends the Legislative Reorganization Act of 1946 and other Federal law to limit annual cost of living adjustments for Members of Congress, the Vice President, senior Government officials, and Federal judges. Title II: Human Resource Management - Amends Federal civil service law to eliminate unlimited accumulation of annual leave by members of the Senior Executive Service. Sets a limit on excess leave of 90 days per year. Title III: Streamlining Management Control - Authorizes the Director of OMB to publish annually in the President's Budget any recommendations for the consolidation, elimination, or adjustment in frequency and due dates of statutorily required periodic reports to the Congress or its committees. Title IV: Financial Management - Federal Financial Management Act of 1994 - Amends Federal law to require direct deposit of Federal wage, salary, and retirement payments by electronic funds transfer for recipients who begin receiving such payments on or after January 1, 1995. (Sec. 403) Authorizes the establishment of a franchise fund in each of six executive agencies for the equipment and computer systems necessary for the maintenance and operation of administrative support services that may be performed more advantageously on a centralized basis. Authorizes appropriations. (Sec. 404) Authorizes the Director of the Office of Management and Budget (OMB) to consolidate or adjust the frequency and due dates of statutorily required periodic agency reports to OMB or the President and agency or OMB reports to the Congress under any laws for which OMB has financial management responsibility. (Sec. 405) Requires the annual financial statements of executive agencies to be audited prior to submission to OMB.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Facilities Closure and Realignment Act of 1993''. SEC. 2. PURPOSE. The purpose of this Act is to reduce unnecessary spending in the Federal Government by closing or realigning duplicative, wasteful, or otherwise unnecessary civilian facilities, including facilities that-- (1) have a cost to the Federal Government that is out of proportion to the benefits provided through the facility; or (2) fail to further any legitimate goal or mission of the administering agency. SEC. 3. THE CIVILIAN FACILITIES CLOSURE AND REALIGNMENT COMMISSION. (a) Establishment.--There is established an independent commission to be known as the ``Civilian Facilities Closure and Realignment Commission''. (b) Duties.--The Commission shall carry out the duties specified for it in this Act. (c) Appointment.--(1)(A) The Commission shall be composed of seven members appointed by the President, by and with the advice and consent of the Senate. (B) No later than January 1, 1994, the President shall submit to the Senate the nominations for appointment to the Commission. (2) In selecting individuals for nominations for appointments to the Commission, the President should consult with-- (A) the Speaker of the House of Representatives concerning the appointment of one member; (B) the majority leader of the Senate concerning the appointment of one member; (C) the minority leader of the House of Representatives concerning the appointment of one member; and (D) the minority leader of the Senate concerning the appointment of one member. (3) At the time the President nominates individuals for appointment to the Commission, the President shall designate one such individual who shall serve as Chairman of the Commission. (d) Terms.--Each member of the Commission shall serve until December 31, 1995, and may only be removed by the President for cause. (e) Meetings.--(1) Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. (2) All the proceedings, information, and deliberations of the Commission shall be open, upon request, to any Member or committee of the Congress. (f) Vacancies.--A vacancy in the Commission shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual's predecessor was appointed. (g) Pay and Travel Expenses.--(1)(A) Each member, other than 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 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h) Director of Staff.--(1) The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a Director who has not served as a Federal employee during the one-year period preceding the date of such appointment. (2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (i) Staff.--(1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for a position above GS-15 of the General Schedule. (3) Upon request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this Act. (4) The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission. (j) Consultants and Property.--(1) The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (2) The Commission may lease space and acquire personal property to the extent funds are available. (k) Funding.--There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this Act. Such funds shall remain available until expended. (l) Termination.--The Commission shall terminate on December 31, 1995. SEC. 4. RECOMMENDATIONS AND REPORT FOR CIVILIAN FACILITY CLOSURES AND REALIGNMENTS. (a) Agency Recommendations.--(1) No later than June 1, 1994, each head of an executive agency as defined under section 105 of title 5, United States Code (except for the Secretary of Defense with regard to the Department of Defense) shall submit to the Commission recommendations for closing or realigning civilian facilities administered by such agency. The recommendations shall include a statement providing rationale for the recommended closure or realignment. (2) The Office of Management and Budget shall submit to the Commission with each recommendation submitted under paragraph (1), an estimate of the administrative costs and savings that would result from the implementation of such recommendation for the 5 fiscal years following such implementation. (b) Review and Recommendations by the Commission.--(1) After receiving the recommendations from the heads of executive agencies under subsection (a), the Commission shall conduct public hearings on the recommendations. Such hearings shall be conducted in Washington, D.C. and in affected regions throughout the United States. (2)(A) No later than June 1, 1995, the Commission shall submit to the President a report containing-- (i) the Commission's findings and conclusions based on a review and analysis of the recommendations made by the heads of executive agencies and from public hearings; (ii) the Commission's recommendations for closures and realignments of Federal facilities; and (iii) proposed legislation (containing specific language proposed to be enacted) to implement the Commission's recommendations. (B) Subject to subparagraph (C), in making its recommendations, the Commission may make changes in any of the recommendations made by the heads of executive agencies. (C) In the case of a change described in subparagraph (D) in the recommendations made by the heads of executive agencies, the Commission may make the change only if the Commission-- (i) publishes a notice of the proposed change in the Federal Register not less than 30 days before submitting its recommendations to the President under subparagraph (A); and (ii) conduct a public hearing on the proposed change. (D) Subparagraph (C) shall apply to a change by the Commission in the heads of executive agencies' recommendations that would-- (i) add a facility to the list of facilities recommended by the applicable head of an executive agency for closure; (ii) add a facility to the list of facilities recommended by the applicable head of an executive agency for realignment; or (iii) increase the extent of a realignment of a particular facility recommended by the applicable head of an executive agency. (3) The Commission shall explain and justify in its report submitted to the President under paragraph (2) any recommendation made by the Commission that is different from the recommendations made by the heads of the executive agencies under subsection (a). The Commission shall submit a copy of such report to the Congress on the same date on which it submits its recommendations to the President under paragraph (2). (4) After the Commission submits recommendations to the President under this subsection, the Commission shall promptly provide, upon request, to any Member or committee of Congress information used by the Commission in making its recommendations. (5) The Comptroller General of the United States shall-- (A) assist the Commission, to the extent requested, in the Commission's review and analysis of the recommendations made by the heads of the executive agencies under subsection (c); and (B) submit to the Congress and to the Commission a report containing a detailed analysis of the heads of executive agencies' recommendations and selection process, including an assessment of whether such recommendations comply with the purposes of this Act. (c) Review by the President.--(1) No later than September 1, 1995, the President shall approve or disapprove the report submitted under subsection (b)(2)(A). (2) If the report is approved the President shall submit the report to the Congress for legislative action under section 5. (3) If the President disapproves the report, the President shall report specific issues and objections, including the reasons for any changes recommended in the report, to the Commission and the Congress. (4) The Commission shall consider any issues or objections raised by the President and may modify the report based on such issues and objections. No later than 30 days after receipt of the President's disapproval under paragraph (3), the Commission shall submit the final report (as modified if modified) to the Congress for legislative action under section 5. SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT. (a) Definitions.--For purposes of this section-- (1) the term ``implementation bill'' means only a bill which is introduced as provided under subsection (b), and contains the proposed legislation contained in the final report submitted to the Congress under section 4(c) (2) or (4) without modification; and (2) the term ``session day'' means a day that both the Senate and the House of Representatives are in session. (b) Introduction and Referral.--(1) On the first session day on or immediately following the date on which a final report is submitted to the Congress under section 4(c) (2) or (4), an implementation bill shall be introduced-- (A) in the Senate by the Majority Leader of the Senate, for himself, the Minority Leader of the Senate, or by Members of the Senate designated by the Majority Leader and Minority Leader of the Senate; and (B) in the House of Representatives by the Majority Leader of the House of Representatives, for himself and the Minority Leader of the House of Representatives, or by Members of the House of Representatives designated by the Majority Leader and Minority Leader of the House of Representatives. (2) The implementation bill introduced in the Senate shall be referred concurrently to the Committee on Governmental Affairs of the Senate, and other committees with jurisdiction. The implementation bill introduced in the House of Representatives shall be referred concurrently to the Committee on Government Operations of the House of Representatives, and other committees with jurisdiction. (c) Discharge.--If the committee to which an implementation bill is referred has not reported such bill by the end of the 15 session day period beginning on the date of introduction of such bill, such committee shall be, at the end of such period, discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1) On or after the fifth session day after the date on which the committee to which such a bill is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a bill, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the implementation bill (but only on the day after the calendar day on which such Member announces to the House concerned the Member's intention to do so). All points of order against the implementation bill (and against consideration of the implementation bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the implementation bill is agreed to, the respective House shall immediately proceed to consideration of the implementation bill without intervening motion, order, or other business, and the implementation bill shall remain the unfinished business of the respective House until disposed of. (2) Debate on the implementation bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the Majority Leader and the Minority Leader or their designees. An amendment to the implementation bill is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the implementation bill is not in order. A motion to reconsider the vote by which the implementation bill is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on an implementation bill and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the implementation bill shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to an implementation bill shall be decided without debate. (e) Consideration by Other House.--(1) If, before the passage by one House of an implementation bill of that House described in subsection (a), that House receives from the other House an implementation bill described in subsection (a), then the following procedures shall apply: (A) The implementation bill of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to an implementation bill described in subsection (a) of the House receiving such bill-- (i) the procedure in that House shall be the same as if no implementation bill had been received from the other House; but (ii) the vote on final passage shall be on the implementation bill of the other House, except that if the implementation bill is a bill for the raising of revenue, the vote of final passage shall be upon the implementation bill which originates in the House of Representatives. (2) Upon disposition of the implementation bill received from the other House, it shall no longer be in order to consider the implementation bill that originated in the receiving House. (f) Rules of the Senate and House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an implementation bill described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 6. DISTRIBUTION OF ASSETS. Any proceeds from the sale of assets of any department or agency resulting from the enactment of an Act under section 5 shall be-- (1) applied to reduce the Federal deficit; and (2) deposited in the Treasury and treated as general receipts. SEC. 7. ADDITIONAL APPROPRIATIONS BASED ON AGENCY SAVINGS. It is the sense of the Congress that-- (1) in the fiscal year immediately following a recommendation submitted under section 4(a)(1) there should be appropriated to each agency an amount no less than 25 percent of the amount of the estimate of administrative savings determined under section 4(a)(2) applicable to such agency in the 3 fiscal years following the submission of the recommendation; and (2) the appropriated amount described under paragraph (1) should be-- (A) appropriated funds in addition to funds which would otherwise be appropriated to such agency if not for the provisions of this Act; and (B) made available for expenditure at the discretion of the head of such agency to improve such agency's management, efficiency, or productivity. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out the provisions of this Act. S 1187 IS----2

Civilian Facilities Closure and Realignment Act of 1993 - Establishes the Civilian Facilities Closure and Realignment Commission. Requires the heads of executive agencies (except for the Secretary of Defense) to submit recommendations for closing or realigning civilian facilities to the Commission. Directs the Office of Management and Budget to submit estimates of the administrative costs and savings that would result from the implementation of such recommendations to the Commission. Requires the Commission to report its recommendations for closures and realignments of Federal facilities and proposed legislation to the President. Provides for presidential approval of the report. Sets forth procedures for congressional consideration of the proposed legislation. Requires proceeds from the sale of any agency's assets resulting from closures or realignments to be applied to reduce the Federal deficit and deposited in the Treasury and treated as general receipts. Expresses the sense of the Congress that: (1) in the fiscal year immediately following the submission of an agency's recommendation, there should be appropriated to each agency at least 25 percent of the amount of estimated administrative savings applicable to such agency in the three fiscal years following such submission; and (2) the appropriated amount should be in addition to funds which would otherwise be appropriated if not for this Act and made available for expenditure to improve the agency's management, efficiency, or productivity. Authorizes appropriations.

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SECTION 1. SHORT TITLE, REFERENCES, AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Clean Air Act Amendments of 1996''. (b) References.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Clean Air Act. (c) Table of Contents.--The table of contents is as follows: Sec. 1. Short title, references, and table of contents. Sec. 2. Operating permits. Sec. 3. Enhanced monitoring. Sec. 4. Recognition of effective controls. Sec. 5. Sanctions. Sec. 6. Hazardous air pollutants. Sec. 7. Voluntary controls adopted prior to nonattainment. Sec. 8. Attainment date determinations. Sec. 9. Attainment redesignations. Sec. 10. Credit for episodic controls. Sec. 11. Opt-in reformulated gas areas. Sec. 12. NOx reductions for reformulated gas. Sec. 13. Establishing national primary ambient air quality standards. Sec. 14. Transportation conformity. Sec. 15. Overwhelming transport. Sec. 16. Automobile inspection and maintenance. Sec. 17. Emissions trading. SEC. 2. OPERATING PERMITS. (a) Definition of Applicable Requirement.--Section 501 (42 U.S.C. 7661) is amended by adding the following new paragraph after paragraph (4): ``(5) Applicable requirement.--The term `applicable requirement' means any requirement promulgated by the Administrator pursuant to section 111 (42 U.S.C. 7411), section 112 (42 U.S.C. 7412) with the exception of section 112(r), section 129 (42 U.S.C. 7429), Section 165 (42 U.S.C. 7475), subsections (e) and (f) of section 183 (42 U.S.C. 7511b), section 328 (42 U.S.C. 7627), title IV or title VI (unless the permitting authority determines that a requirement imposed pursuant to title VI need not be contained in a permit issued under this title) and any limitation on emissions or operations contained in a construction permit issued pursuant to Parts C or D of title I. The term `applicable requirement' also includes any other requirement provided for in an applicable state implementation plan, except that a requirement imposed pursuant to a State minor new source review program under section 110(a)(2) (42 U.S.C. 7410(a)(2)) shall not be considered an applicable requirement for purposes of this title. Notwithstanding this paragraph, any permitting authority may provide for the terms of permits issued under its minor new source review to be appended to or incorporated in an operating permit issued under this subchapter. Nothing in this paragraph shall affect the authority of any person to enforce any requirement imposed under any rule, permit, or implementation plan under this Act.''. (b) Assurance of Operating Flexibility.--(1) Section 502 (b)(10) (42 U.S.C. 766la(b)(10)), is amended to read as follows: ``(10) The permitting authority may not require any source to obtain or modify a permit issued under this title for any physical or operational change at the source or for taking any other action prior to the date 7 days after the physical or operational change or other action is initiated. Nothing in this title shall be construed to alter the requirements of any other title of this Act that a permit be obtained before construction or modification of a source. Nothing in this paragraph shall preclude any State from continuing to impose any requirement or employ any procedure separate and apart from the program required under this title, provided that such requirements and procedures shall not be applicable requirements under this title.''. (2) Section 502(b) (42 U.S.C. 766la(b)) is amended by adding the following paragraph after paragraph (10): ``(11) A provision giving major stationary sources the option of obtaining permits that would allow emissions increases and decreases at various units within the major stationary source without permit revisions if overall emissions limits for the major stationary source are not exceeded and preconstruction review is not required under title I. Nothing in this paragraph shall preclude any State from continuing to impose any requirement or employ any procedure separate and apart from the program required under this title, provided that such requirements and procedures shall not be applicable requirements under this title.''. (c) Sanctions and Federal Implementation.--Section 502(d) (42 U.S.C. 7661a(d)) is amended by inserting before the period at the end of subparagraphs (A) and (B) of paragraph (2) and before the period at the end of (3) the following: ``in any case in which the Administrator determines that such failure will cause the State to fail to attain a national primary ambient air quality standard by the applicable attainment date''. (d) Permit Term.--Section 502(b)(5)(B) is amended by striking out ``5 years'' and inserting ``10 years''. SEC. 3. ENHANCED MONITORING. Section 114(a) (42 U.S.C. 7414(a)(3)) is amended by striking paragraph (3) and inserting the following: ``(3) The Administrator shall in the case of any person which is the owner or operator of a major source, and may, in the case of any other person, require submission of compliance certifications. Compliance certifications shall include (A) identification of the applicable requirement that is the basis of the certification, (B) the method used for determining the compliance status of the source, and (C) its compliance status. Compliance certifications and monitoring data shall be subject to subsection (c) of this section. Submission of a compliance certification shall in no way limit the Administrator's authorities to investigate or otherwise implement this Act. ``(4) Nothing in this section or in title V shall authorize the Administrator to revise significantly, or to require significant revision of, an existing compliance method without employing procedures, such as a rulemaking, to allow meaningful comment on that revision and to assess the effect of the revision on the stringency of the underlying emission standard or limitation. Nothing in this section or section 113 (42 U.S.C. 7413) shall authorize the use of evidence other than the applicable compliance method or test method to establish a violation of the numerical component of an emission limitation or standard. For purposes of this paragraph, compliance method as test method shall meet the requirements contained in a regulation or permit for monitoring or testing to determine compliance with the applicable emission standard or limitation. Nothing in this subparagraph shall limit the authority of the Administrator to increase the stringency of controls or to impose new controls, as required under any other section of this Act. SEC. 4. RECOGNITION OF EFFECTIVE CONTROLS. Section 302 (42 U.S.C. 7602) is amended by adding the following at the end thereof: ``(aa) Potential To Emit.--The term `potential to emit' means the maximum capacity of a stationary source to emit any regulated air pollutant under its physical and operational design. Any physical or operational limit on the capacity of a source to emit any regulated air pollutant, including any limit enforceable under Federal, State, or local law and including any pollution control equipment and restrictions on hours of operation or on the type or amount of material used, produced, stored, combusted or processed at such source shall be treated as part of its design if the limitation is effective.''. SEC. 5. SANCTIONS. The first sentence of section 179(a) (42 U.S.C. 7509(a)) is amended by striking ``one of the sanctions referred to in subsection (b) shall apply, as selected by the Administrator'' and all that follows down through the period at the end thereof and inserting ``the Administrator may apply one of the sanction referred to in subsection (b) if the Administrator finds that such deficiency is likely to result in a failure by the State to attain a national primary ambient air quality standard by the applicable attainment date.''. SEC. 6. HAZARDOUS AIR POLLUTANTS. Section 112(j)(6) is amended in the second sentence by striking all after ``the Administrator shall revise such permit'' and inserting ``to comply with such standard and such revision shall take effect on the date 10 years after the date such standard is promulgated.''. SEC. 7. VOLUNTARY CONTROLS ADOPTED PRIOR TO NONATTAINMENT. Section 182(b)(1)(C) is amended by adding the following at the end thereof: ``Any measures that were not expressly required by this Act, but that were voluntarily implemented, prior to the designation of the area as a nonattainment area shall be credited as additional reductions for purposes of any revised plan adopted for the area pursuant to this part following designation of the area as an ozone nonattainment area.''. SEC. 8. ATTAINMENT DATE DETERMINATIONS. (a) Paragraph (5) Extensions.--Section 181(a)(5)(B) is amended to read as follows: ``(B)(i) no more than one exceedance of the national ambient air quality standard for ozone has occurred in the area in the year preceding the Extension Year, ``(ii) the design value of the area (based on data from the year preceding the extension year) does not exceed the design value for the current classification of the area as specified in table 1 of paragraph (1), or ``(iii) the Administrator determines that infrequent episodic variations in air pollution levels caused by weather impact an area's ability to demonstrate attainment.''. (b) Additional Extension for Certain Areas.--Section 181(a) is amended by adding the following at the end thereof: ``(6) Attainment followed by violation.--Upon application by any State, the Administrator may extend, for up to an additional 3 years, the date specified in Table I of paragraph (1) of this subsection and the dates specified in section 182(b) regarding reasonable further progress, if-- ``(A) the area has in a 3-year period prior to the attainment date, qualified for redesignation as attainment for ozone, but ``(B) subsequent to such 3-year period, the area has violated the ozone standard. No more than one extension may be issued under this paragraph for a single nonattainment area.''. SEC. 9. ATTAINMENT REDESIGNATIONS. Section 107(d)(3) is amended as follows: (1) By amending the second sentence of subparagraph (D) to read as follows: ``The Administrator shall publish notice in the Federal Register of the Administrator's receipt of a request for redesignation. The Administrator shall also publish notice in the Federal Register of the Administrator's proposed approval or denial within 90 days after receipt of a complete State redesignation submittal and approve or deny such redesignation within 90 days thereafter.''. (2) By adding the following at the end of subparagraph (E): ``If a State requests the Administrator to redesignate an area as attainment and submits information to the Administrator regarding such area adequate to demonstrate compliance with clauses (ii) through (v) and compliance (for a period of 3 years prior to the submission) with clause (i) and if the Administrator fails to publish notice in the Federal Register of the Administrator's proposed approval or denial of such request within 90 days after receipt of a complete State redesignation request or fails to approve or deny such request within 90 days thereafter, the area shall be deemed to be redesignated as an attainment area by operation of law on the date 180 days after the Administrator's receipt of a complete State redesignation request.''. SEC. 10. CREDIT FOR EPISODIC CONTROLS. Section 110(a) is amended by inserting the following new subparagraph immediately after paragraph (3): ``(4) In determining whether the provisions of any plan or plan revision submitted under this Act are adequate to attain and maintain any national primary or secondary ambient air quality standard, the Administrator shall provide appropriate credits for plan provisions which are designed to control air pollution only during certain periods when levels of one or more air pollutants are, or are likely to be, at higher levels than at other periods.''. SEC. 11. OPT-IN REFORMULATED GAS AREAS. Section 211(k)(6)(A) of the Clean Air Act is amended as follows: (1) By inserting the following after the second sentence: ``No area included in the coverage of the prohibition set forth in paragraph (5) pursuant to an application under this paragraph may continue to be included in such prohibition after December 31, 1999, unless the Governor of the State in which such area is located has notified the Administrator of such continued inclusion prior to December 31, 1997, and the Administrator has published such notice in the Federal Register.''. (2) By adding the following at the end thereof: ``An area that has been included in the coverage of the prohibition set forth in paragraph (5) pursuant to an application under this paragraph may subsequently be excluded from such coverage pursuant to an application by the Governor to the Administrator, but such exclusion shall not take effect for a period of 1-year after the application is approved (in the case of Phase I Reformulated Gas Regulations) or 8-years after the date on which the area was first included in the coverage of such prohibition (in the case of Phase II Reformulated Gas Regulations). After an area is excluded from coverage pursuant to the preceding sentence, any subsequent inclusion (or subsequent exclusion) of the area from such coverage shall not take effect for a period of 1-year after the Governor's application is approved. A Governor's application shall be treated as approved under this subparagraph on the date on which the Administrator publishes notice of such approval in the Federal Register.''. SEC. 12. NO<greek-KH> REDUCTIONS FOR REFORMULATED GAS. Section 211(k)(2)(A) of the Clean Air Act is amended by adding the following at the end thereof: ``The Administrator may not require that emissions of oxides of nitrogen (NO<greek-KH>) from baseline vehicles when using the reformulated gasoline be less than emissions from such vehicles when using baseline gasoline.''. SEC. 13. ESTABLISHING NATIONAL PRIMARY AMBIENT AIR QUALITY STANDARDS. Section 109 of the Clean Air Act is amended as follows: (1) At the end of subsection (a) add the following: ``(3) Within two years after the enactment of this paragraph the Administrator shall promulgate national primary ambient air quality goals and revised national primary ambient air quality standards.''. (2) In subsection (b)(1), strike ``prescribed, under subsection (a)'' and insert ``prescribed under subsection (a)(1)''. (3) Strike the last sentence of subsection (a)(1) and insert ``The national primary ambient air quality goals promulgated under subsection (a)(3) shall set forth a level of ambient air quality, based on such criteria and allowing an adequate margin of safety, that is requisite to protect the public health. In establishing such level the Administrator shall not take into account infrequent episodic variations in air pollution levels that are caused by weather. The revised national primary ambient air quality standards promulgated under subsection (a)(3) shall be as close to such national primary ambient air quality goals as feasible such that the incremental costs of attaining such standard do not exceed the incremental benefits of attaining the standard.''. SEC. 14. TRANSPORTATION CONFORMITY. Section 176 is amended to read as follows: ``SEC. 176. TRANSPORTATION CONFORMITY. ``Beginning on November 15, 1996, and at 4-year intervals thereafter, each State shall submit a revised inventory and performance plan for review by the Administrator. Such plan shall include a certification by the State that the plan has been developed so as to meet air quality goals. The applicability of a State approved implementation plan shall become effective for the purposes of this section upon signature of the Governor and shall continue unless disapproved by the Administrator within 30 days. The form and content of the inventory and performance plan shall solely be within the purview of each State and the Administrator shall not disapprove such plan unless the Administrator determines that a State has developed an inventory and plan without adhering to such State's own processes and procedures. If not disapproved within 30 days, such inventories and plans shall be considered approved. Nothing in this section shall require the submission of an inventory or plan more than once every 4 years.''. SEC. 15. OVERWHELMING TRANSPORT. Section 181 is amended by adding the following at the end thereof: ``(d) Overwhelming Transport.--If, based on photochemical grid modeling demonstrations or any other analytical method determined by the Administrator to be as effective, the Administrator determines that the area is a downwind nonattainment area receiving ozone or ozone precursor transport from outside the area and control of ozone concentrations is beyond the ability of the area to control because volatile organic compounds and oxides of nitrogen from sources within such area do not make a significant contribution to ozone concentrations in such area (or in any other ozone nonattainment area), the Administrator may redesignate the area as attainment or as having a lower classification.''. SEC. 16. AUTOMOBILE INSPECTION AND MAINTENANCE. Section 182(c)(3)(C)(iv) is amended by inserting ``safety inspection approval or'' after ``denial of''. SEC. 17. EMISSIONS TRADING. Section 110 is amended by inserting the following new subsection immediately before subsection (f): ``(e) Emissions Trading Programs.--The Administrator shall approve any emissions trading program submitted under this section as part of an applicable implementation plan or implementation plan revision for any area unless the Administrator determines that such program would result in the failure of a nonattainment area to attain the national primary or secondary ambient air quality standards by the applicable attainment date or in the failure of an area that has been designated as attainment to maintain such standards. The Administrator shall not be required to approve any plan which will result in increased emissions (beyond the maintenance plan level) of the criteria pollutant for which the area is classified as nonattainment.''.

Clean Air Act Amendments of 1996 - Amends the Clean Air Act to define permit program "applicable requirements." Revises Environmental Protection Agency (EPA) standards for permit programs regarding: (1) permitting authorities' requirements that a source obtain or modify a permit for a physical or operational change or another action prior to a date seven days after the change or action has begun; and (2) major stationary source permits that allow emissions increases and decreases at various units within the source without permit revision if certain overall emissions standards are met. Doubles the allowable term of a permit. Requires, before permit program-related sanctions are imposed, a determination by the EPA Administrator that such failure will cause the State to fail to attain a national primary ambient air quality standard by the applicable date. (Sec. 3) Repeals the authority of the Administrator to require enhanced monitoring of major stationary sources and revises compliance certification and method requirements. (Sec. 4) Adds a definition of "potential to emit" to treat physical or operational limits on a source's capacity to emit regulated air pollutants as part of the source's design if the limitation is effective. (Sec. 5) Requires, before sanctions are imposed for non-submittal, disapproval, or failure to implement requirements of a plan for a nonattainment area, a determination that the deficiency is likely to result in a failure by the State to attain a national primary ambient air quality standard by the applicable date. Makes the imposition of sanctions discretionary. (Sec. 6) Modifies the procedure for permit revision where the Administrator promulgates a hazardous air pollutant emission standard, after the permit's issuance, that would be applicable to the source in lieu of the limitation established by permit. (Sec. 7) Provides, with respect to plans for Moderate ozone nonattainment areas, for the crediting as reductions of certain voluntary measures implemented before designation as a nonattainment area. (Sec. 8) Expands the factors allowing extension, upon State application, of the primary standard attainment date for ozone. Allows extension for certain areas that qualified for attainment designation but subsequently violated the ozone standard. (Sec. 9) Shortens the time period and modifies the procedure for redesignation, upon State application, of an air quality control region. (Sec. 10) Requires the Administrator, when evaluating the adequacy of State implementation plans for national primary and secondary ambient air quality standards, to credit provisions designed to control air pollution only during certain periods during which pollutant levels are elevated. (Sec. 11) Imposes limitations on the inclusion, at a State's option, of ozone nonattainment areas in the prohibition requiring the sale of reformulated gasoline. (Sec. 12) Prohibits the Administrator from requiring that nitrogen oxide emissions from baseline (representative) vehicles using reformulated gasoline be less than emissions from such vehicles using "baseline" gasoline. (Sec. 13) Requires the promulgation of: (1) national primary ambient air quality goals that discount certain episodic weather-related variations; and (2) revised standards, using a cost-benefit analysis, as close to the air quality goals as is feasible. (Sec. 14) Removes limitations on Federal assistance for transportation activities not conforming to a State implementation plan. Considers the form and content of a State inventory and performance plan solely within the purview of a State and declares such a plan effective upon the Governor's approval unless disapproved by EPA within 30 days. Makes the standard for approval the plan's adherence to the State's own processes and procedures. (Sec. 15) Allows the upgrading of an ozone nonattainment area if the Administrator makes a specified determination concerning the inability of the area to control ozone concentrations resulting from downwind transport of ozone or precursors from another area. (Sec. 16) Requires inclusion, in an enhanced vehicle inspection and maintenance program for a Serious ozone nonattainment area, of enforcement through denial of safety inspection approval (as an alternative to denial of registration, as under current law). (Sec. 17) Requires the Administrator to approve an emissions trading program as part of an implementation plan unless certain attainment failures would result.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Strengthening the Transition and Reintegration Of the National Guard and Reserves Act'' or the ``STRONGR Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of transitional health care coverage to one year for members of reserve components for mental health care. Sec. 3. Increase in amount of basic educational assistance for members of the Selected Reserve and members of reserve components supporting contingency operations. Sec. 4. Nonreduction in pay while Federal employee is serving on active duty in a reserve component of the uniformed services. Sec. 5. Assistance for State and local governments that continue to pay employees who serve on active duty in a reserve component of the uniformed services. Sec. 6. Active-duty reserve component employee credit added to general business credit. SEC. 2. EXTENSION OF TRANSITIONAL HEALTH CARE COVERAGE TO ONE YEAR FOR MEMBERS OF RESERVE COMPONENTS FOR MENTAL HEALTH CARE. Section 1145(a) of title 10, United States Code, is amended in paragraph (3)-- (1) by inserting ``(A)'' after ``(3)''; and (2) by adding at the end the following new subparagraph: ``(B) In addition to the period described in subparagraph (A), transitional health care shall be available for an additional 180 days, for mental health care only, to a member of a reserve component described in paragraph (2)(B). The additional 180 days shall begin at the end of the period described in subparagraph (A).''. SEC. 3. INCREASE IN AMOUNT OF BASIC EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE AND MEMBERS OF RESERVE COMPONENTS SUPPORTING CONTINGENCY OPERATIONS. (a) Members of Selected Reserve.-- (1) Increase in amount of assistance.--Section 16131(b) of title 10, United States Code, is amended-- (A) in paragraph (1), by striking ``at the following rates'' and all that follows through the end and inserting ``at the rate provided under paragraph (2).''; and (B) in paragraph (2), by striking all and inserting the following: ``(2)(A) Educational assistance provided under this chapter shall be paid at a rate equal the applicable percentage under subparagraph (B) of the rate provided under section 3015(a) of title 38 for an approved program of education pursued on a full-time basis. ``(B) The applicable percentage under this subparagraph is-- ``(i) 50 percent for each month in which the individual pursues an approved program of education on a full time basis; ``(ii) 37.5 percent for each month in which the individual pursues an approved program of education on a three-quarter- time basis; ``(iii) 25 percent for each month in which the individual pursues an approved program of education on a half-time basis; and ``(iv) an appropriately reduced percent, as determined under regulations which the Secretary of Veterans Affairs shall prescribe, for each month in which the individual pursues an approved program of education on less than a half-time basis, except that no payment may be made to an individual for a month in which the individual pursues such a program on less than a half-time basis if tuition assistance is otherwise available to the individual for such pursuit from the military department concerned.''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to an educational assistance allowance under section 16131(b) of such title paid for months beginning after the date of the enactment of this Act. (b) Reserve Components Supporting Contingency Operations.-- (1) Increase in amount.--Section 16162(c)(4) of title 10, United States Code, is amended-- (A) in subparagraph (A) by striking ``40 percent'' and inserting ``60 percent''; and (B) in subparagraph (B) by striking ``60 percent'' and inserting ``70 percent''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to an educational assistance allowance under section 16162(c)(4) of such title paid for months beginning after the date of the enactment of this Act. SEC. 4. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS SERVING ON ACTIVE DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES. (a) In General.--Subchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following new section: ``Sec. 5538. Nonreduction in pay while serving on active duty in a reserve component ``(a) An employee who is also a member of a reserve component and is absent from a position of employment with the Federal Government under a call or order to serve on active duty for a period of more than 30 days shall be entitled to receive, for each pay period described in subsection (b), an amount equal to the amount by which-- ``(1) the amount of civilian basic pay that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the Government had not been interrupted by the service on active duty, exceeds (if at all) ``(2) the amount of military compensation that is payable to the employee for the service on active duty and is allocable to such pay period. ``(b)(1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted) that occurs-- ``(A) while the employee serves on active duty for a period of more than 30 days; ``(B) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(C) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). ``(2) Paragraph (1) shall not apply with respect to a pay period for which the employee receives civilian basic pay (including by taking any annual, military, or other paid leave) to which the employee is entitled by virtue of the employee's civilian employment with the Government. ``(c) Any amount payable under this section to an employee shall be paid-- ``(1) by the employing agency of the employee; ``(2) from the appropriation or fund that would be used to pay the employee if the employee were in a pay status; and ``(3) to the extent practicable, at the same time and in the same manner as would civilian basic pay if the employee's civilian employment had not been interrupted. ``(d) In consultation with Secretary of Defense, the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section. ``(e)(1) In consultation with the Office, the head of each agency referred to in section 2302(a)(2)(C)(ii) shall prescribe procedures to ensure that the rights under this section apply to the employees of such agency. ``(2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. ``(f) For the purpose of this section-- ``(1) the terms `active duty for a period of more than 30 days', `member', and `reserve component' have the meanings given such terms in section 101 of title 37; ``(2) the term `civilian basic pay' includes any amount payable under section 5304; ``(3) the term `employing agency', as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii)) with respect to which the employee has reemployment rights under chapter 43 of title 38; and ``(4) the term `military compensation' has the meaning given the term `pay' in section 101(21) of title 37.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5537 the following new item: ``5538. Nonreduction in pay while serving on active duty in a reserve component.''. (c) Application of Amendment.--Section 5538 of title 5, United States Code, as added by subsection (a), shall apply with respect to pay periods (as described in subsection (b) of such section) beginning on or after the date of the enactment of this Act. SEC. 5. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT CONTINUE TO PAY EMPLOYEES WHO SERVE ON ACTIVE DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES. (a) In General.--Chapter 17 of title 37, United States Code, is amended by adding at the end the following new section: ``Sec. 911. Assistance for State and local governments that continue to pay employees who serve on active duty ``(a) Continuation of Civilian Basic Pay.--It is the purpose of this section to encourage States and local governments to continue to pay a portion of the civilian compensation of those employees who are also members of a reserve component and are absent from a position of employment with the State or local government under a call or order to serve on active duty for a period of more than 30 days so that the employees receive compensation in an amount that, when taken together with their military pay, is at least equal to their civilian compensation. ``(b) Reimbursement Offered.--(1) At the request of a State or local government that continues to pay all or a portion of the civilian compensation of an employee described in subsection (a), the Secretary concerned shall reimburse the State or local government for 50 percent of the civilian compensation paid by the State or local government for each pay period described in subsection (c), but not to exceed 50 percent of the difference (if any) between-- ``(A) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the State or local government had not been interrupted by the service on active duty; and ``(B) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. ``(2) If the pay periods described in subsection (c) extend more than nine consecutive months after the first day of the first month during which the employee began to serve on active duty for a period of more than 30 days, the reimbursement rate shall become 100 percent for the subsequent payments. However, as is the case under paragraph (1), reimbursement shall be provided only for the difference (if any) between-- ``(A) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the State or local government had not been interrupted by the service on active duty; and ``(B) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. ``(c) Pay Periods.--Reimbursement shall be provided under this section with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted) that occurs-- ``(1) while the employee serves on active duty for a period of more than 30 days; ``(2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). ``(d) Effect of Failure To Return to Employment.--(1) If an employee described in subsection (a), with respect to whom reimbursement is provided to a State or local government under this section, fails to report or apply for employment or reemployment with the State or local government by the end of the period referred to in subsection (c)(3), the employee shall refund to the Secretary concerned the total amount of the reimbursement provided with respect to the employee. ``(2) Subject to paragraph (3), an obligation to refund moneys to the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. ``(3) The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. ``(4) A discharge in bankruptcy under title 11 that is entered less than five years after the end of the period referred to in subsection (c)(3) does not discharge the employee from a debt arising under paragraph (1). This paragraph applies to any case commenced under title 11 after the date of the enactment of this section. ``(e) Regulations.--The Secretaries concerned shall prescribe regulations to carry out this section. ``(f) Definitions.--In this section: ``(1) The term `civilian compensation' means the wages or salary that an employee of a State or local government normally receives from the employee's employment by the State or local government. ``(2) The term `local government' means an agency or political subdivision of a State. ``(3) The term `military pay' has the meaning given the term `pay' in section 101(21) of this title. ``(4) The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories or possessions of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 37, is amended by inserting after the item relating to section 909 the following new item: ``911. Assistance for State and local governments that continue to pay employees who serve on active duty.''. (c) Application of Amendment.--Section 911 of title 37, United States Code, as added by subsection (a), shall apply with respect to pay periods (as described in subsection (b) of such section) beginning on or after the date of the enactment of this Act. SEC. 6. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT ADDED TO GENERAL BUSINESS CREDIT. (a) Addition of Credit.--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. 45N. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of an employer, the active-duty reserve component employee credit determined under this section for the taxable year is an amount equal to 50 percent of the compensation paid by the employer to an employee who is also a member of a reserve component during the taxable year when the employee was absent from employment for a reason described in subsection (b). ``(b) Limitation.--The amount allowed as a credit under subsection (a) shall not exceed 50 percent of the difference (if any) between-- ``(1) the amount of compensation that would otherwise have been payable to the employee during such absence if the employee's employment with the employer had not been interrupted by the employee's absence; and ``(2) the amount of military pay that is payable to the employee during the absence. ``(c) Covered Pay Periods.--Subsection (a) shall apply with respect to an employee who is also a member of a reserve component-- ``(1) while the employee serves on active duty for a period of more than 30 days; ``(2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in paragraph (2). ``(d) Days Not Taken Into Account.--No credit shall be allowed under subsection (a) with respect to an employee on any day on which the employee was not scheduled to work (for a reason other than such service on active duty) and ordinarily would not have worked. ``(e) Definitions.--For purposes of this section-- ``(1) The terms `active duty for a period of more than 30 days', `member', and `reserve component' have the meanings given such terms in section 101 of title 37, United States Code. ``(2) The term `compensation' means any remuneration for employment, whether in cash or in kind, which is paid or incurred by a taxpayer and which is deductible from the taxpayer's gross income under section 162(a)(1).''. (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 (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the active-duty reserve component employee credit determined under section 45N(a).''. (c) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45N. Active-duty reserve component employee credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Strengthening the Transition and Reintegration of the National Guard and Reserves Act or STRONGR Act - Provides an additional 180-day period of military mental health care coverage for members of the reserves separated from service following active duty of more than 30 days in support of a contingency operation. Increases the amount of basic educational assistance under the Montgomery GI Bill for members of the Selected Reserve and reserve personnel supporting contingency operations. Entitles a federal employee who is a member of a reserve component to receive the difference in pay between military compensation and civilian compensation during periods of active duty exceeding 30 days. Directs the Secretary of the military department concerned to reimburse states or local governments for 50% of the civilian compensation paid by such governments to equalize military and civilian pay. Increases the reimbursement rate to 100% if active duty extends beyond nine months. Amends the Internal Revenue Code to establish an active-duty reserve component employee credit for employers who provide compensation to employees on active duty.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Mandatory Spending Control Act of 1993''. SEC. 2. PURPOSE. The purpose of this Act is to determine appropriate methods for limiting the growth of mandatory spending, including decreased funding levels, growth limits, and improved cost efficiency. SEC. 3. MANDATORY SPENDING CONTROL COMMISSION. (a) Establishment.--There is established an independent commission to be known as the ``Mandatory Spending Control Commission''. (b) Duties.--The Commission shall carry out the duties specified for it in this Act. (c) Appointment.--(1)(A) The Commission shall be composed of 9 members appointed by the President, by and with the advice and consent of the Senate. (B) By January 1, 1995, the President shall submit to the Senate the nominations of those first appointed to the Commission. (2) In selecting individuals for nominations for appointments to the Commission, the President should consult with-- (A) the Speaker of the House of Representatives concerning the appointment of 2 members; (B) the majority leader of the Senate concerning the appointment of 2 members; (C) the minority leader of the House of Representatives concerning the appointment of 1 member; and (D) the minority leader of the Senate concerning the appointment of 1 member. (3) At the time the President nominates individuals for appointment to the Commission, the President shall designate 1 such individual to serve as Chairman of the Commission. (4) A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Terms.--(1) Except as provided by paragraphs (2) and (3), members (including the member designated as chairman) shall be appointed for terms of 3 years. (2) Of the members first appointed-- (A) 1 appointed in consultation with the Speaker, 1 appointed in consultation with the majority leader of the Senate, and 1 appointed by the President shall be appointed for terms of 1 year; and (B) 1 appointed in consultation with the minority leader of the House of Representatives, 1 appointed in consultation with the minority leader of the Senate, and 1 appointed by the President shall be appointed for terms of 2 years. (3) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of his term until his successor has taken office. No individual may serve on the Commission for more than 1 term. (e) Meetings.--(1) Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. (2) All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the chairman and ranking minority party member of the Committee on the Budget of each House of Congress. (f) Pay and Travel Expenses.--(1)(A) Each member, other than 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 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Director of Staff.--(1) The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a Director who has not served as a Federal employee during the one-year period preceding the date of such appointment. (2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (h) Staff.--(1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for a position above GS-15 of the General Schedule. (3) Not more than one-third of the personnel employed by or detailed to the Commission may be on detail from any Government agency or from the legislative branch. (4) Upon request of the Chairman, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this Act. (i) Consultants and Property.--(1) The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (2) The Commission may lease space and acquire personal property to the extent funds are available. (j) Funding.--There are authorized to be appropriated $3,000,000 to the Commission for fiscal year 1995 and for each subsequent fiscal year to carry out its duties under this Act. Upon confirmation of all Commissioners, each cabinet level department shall transfer from its administrative expenses account necessary funding to the Commission on a pro rata basis based on that department's funding percentage of the total executive branch budget. (k) Termination.--The Commission shall terminate on the thirtieth calendar day beginning after the President notifies the Commission, in writing, that the budget has been in balance (or in surplus) for two consecutive fiscal years, unless, as a part of that notificiation, the President states that for budgetary reasons he has determined that the Commission shall not so terminate. SEC. 4. PROCEDURE FOR MAKING RECOMMENDATION FOR PROPOSED CUTS. (a) Review and Recommendations by the Commission.--(1) Before May 15 of each calendar year, the Commission shall examine and review all mandatory spending programs, and conduct public hearings, to determine appropriate methods for limiting the growth of these programs to 103 percent of aggregate spending for mandatory programs for the preceding fiscal year. (2) The Commission shall request recommendations for mandatory spending reductions from the heads of executive departments and agencies, chairmen of congressional committees, the Director of the Congressional Budget Office, the Director of the Office of Management and Budget, the Director of the General Accounting Office, and any other persons who may be of assistance. These heads shall also provide to the Commission information respecting programs within their jurisdiction. The Commission may also consider unsolicited comments. (3) Individuals named in paragraph (2) shall endeavor to promptly comply with requests made to them by the Commission under that paragraph. (b) The Commission shall, by May 15th, transmit to the President a report containing the Commission's findings and conclusions based on a review and analysis of the recommendations. (c) Review by the President.--The President shall, by June 1st, transmit to the Commission a report containing the President's comments and suggestions respecting the Commission's recommendations. (d) Final Recommendations.--After reviewing the comments and suggestions of the President, the Commission shall transmit, by June 15th, a report of its final recommendations to the Congress and to the public. This report shall take into account any net reduction in spending for mandatory programs set forth in the concurrent resolution on the budget (as agreed to) for the fiscal year covered by the report. If that concurrent resolution is in compliance with the growth limitation provision for that fiscal year as set forth in subsection (a)(1), then the report of the Commission shall recommend no congressional action respecting that fiscal year. (e) Growth Limitation.--All reports described in this section shall be in full compliance with the growth limitation provision of subsection (a)(1). (f) Criteria for Recommendations.--All reports described in this section shall set forth the criteria upon which its recommendations are based. SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMISSION'S REPORT. (a) Definitions.--For purposes of this section-- (1) the term ``implementing bill'' means only a bill which is introduced as provided under subsection (b), and contains the proposed legislative recommendations contained in the final report submitted to the Congress under section 4(e) without modification; and (2) the term ``session day'' means a day that either the Senate or the House of Representatives is in session. (b) Introduction.--On the fifth calendar day beginning after the date on which a final report is submitted to the Congress under section 4(e), an implementing bill shall be introduced-- (1) in the Senate by the majority leader for himself and the minority leader; and (2) in the House of Representatives by the majority leader for himself and the minority leader. (c) Discharge.--If the committee to which an implementing bill is referred has not reported that bill within one month, that committee shall be immediately discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1)(A) On or after the first day after the date on which the committee to which an implementing bill is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a bill, it is in order (even though a previous motion to the same effect has been disagreed to) for any member of the House of Representatives or the Senate, respectively, to move to proceed to the consideration of the bill (but only the day after the calendar day on which the member announces to the House concerned the member's intention to do so). (B) All points of order against an implementing bill (and against consideration of that bill) are waived except the point of order set forth in subsection (g). (C)(i) A motion to proceed to the consideration of an implementing bill is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. (ii) A motion described in clause (i) is not subject to amendment, to a motion to proceed to the consideration of other business, or to a motion to table. (iii) A motion to reconsider the vote by which a motion described in clause (i) is agreed to or not agreed to shall not be in order. (iv) If a motion described in clause (i) is agreed to, the House of Representatives or the Senate, as the case may be, shall immediately proceed to consideration of the bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the House of Representatives or the Senate, as the case may be, until disposed of. (2)(A) Debate on an implementing bill and on all debatable motions and appeals in connection therewith shall be limited to not more than 4 hours in the House of Representatives and 10 hours in the Senate, which shall be divided equally between those favoring and those opposing the bill. (B) An amendment to an implementing bill is not in order. This provision is not subject to a motion to suspend, nor can a unanimous consent agreement wave this section. (C) A motion further to limit debate on an implementing bill is in order and not debatable. (D) A motion to postpone consideration of an implementing bill, a motion to proceed to the consideration of other business, a motion to table, or a motion to recommit the bill is not in order. (E) A motion to reconsider the vote by which an implementing bill is agreed to or not agreed to is not in order. (3) Immediately following the conclusion of the debate on an implementing bill and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the House of Representatives or the Senate, as the case may be, the vote on final passage of the bill shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the House of Representatives or of the Senate, as the case may be, to the procedure relating to an implementing bill shall be decided without debate. (e) Consideration by Other House.--(1) If, before the passage by one House of an implementing bill that was introduced in that House, that House receives from the other House an implementing bill-- (A) the bill of the other House shall not be referred to a committee and may not be considered in the House that receives it otherwise than on final passage under subparagraph (B)(ii); and (B)(i) the procedure in the House that receives such a bill with respect to such a bill that was introduced in that House shall be the same as if no bill had been received from the other House; but (ii) the vote on final passage shall be on the bill of the other House. (2) Upon disposition of an implementing bill that is received by one House from the other House, it shall no longer be in order to consider such a bill that was introduced in the receiving House. (f) Date Certain.--If the Senate and the House of Representatives have not acted upon the implementing bill by July 20th, then on that day or the next day of session thereafter the bill shall be called up by the Presiding Officer of each House upon convening and a roll call vote shall be conducted on passage, but after that House of Congress has debated the bill pursuant to the provisions of subsections (d)(2)(A) and (C). If the bill passes one House, the bill shall be transmitted on the same legislative day to the other House and that House shall vote on passage of that bill on its next session day. (g) Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any implementing bill that is not in full compliance with the growth limitation provision of section 4(a)(1) or that contains any provision that increases taxes. (h) Rules of the Senate and House of Representatives.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an implementing bill, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 6. BUDGET OUTLAY REDUCTIONS PERMANENT. All obligational authority reduced pursuant to this Act shall be done in a manner that shall make such reductions permanent. SEC. 7. ADDITIONAL ENFORCEMENT PROVISIONS. No reductions in direct spending pursuant to this Act shall be treated as a net deficit decrease for purposes of section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 8. COMPLIANCE REPORT BY COMPTROLLER GENERAL. Within 15 days after the end of a session of Congress, the Comptroller General shall submit to the Congress and the President a report stating whether the requirements of this Act have been complied with and indicating the respects (if any) in which they have not. SEC. 9. DEFINITIONS AND SCOREKEEPING. (a) Definition.--(1) As used in this Act, the term ``direct spending'' has the meaning given to that term by section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985. (2) As used in this Act, the term ``mandatory spending'' has the meaning given to ``direct spending'' by section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that, for purposes of this Act only, it includes social security and excludes net interest and deposit insurance. (b) Scorekeeping.--The Congressional Budget Office shall prepare all necessary estimates to carry out this Act in conformance with its scorekeeping guidelines.

Mandatory Spending Control Act of 1993 - Establishes the Mandatory Spending Control Commission to determine appropriate methods for limiting the growth of mandatory spending programs. Sets forth procedures for the Commission to report legislative recommendations to the Congress. Provides for congressional consideration of a bill to implement such recommendations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Headwaters Forest Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that: (1) Redwoods are a significant national symbol and a defining symbol of the State of California. (2) Old growth redwood trees are a unique and irreplaceable natural resource. (3) Most of the Nation's old growth forests have been cut. Less than 5 percent of the original 2,000,000 acre Coast redwoods remain standing. The groves that are left are crucial to maintain habitat needed for survival of old-growth dependent species. The Headwaters Forest, for example, is home to one of California's three largest population of marbled murrelets, rare sea birds that nest only in coastal old growth trees; the Northern Spotted Owl; and native salmon stocks that spawn in the Forest's creeks. (4) The remaining unprotected stands of old growth forests and old growth redwoods are under immediate threat of being harvested without regard to their ecological importance and without following Federal timber harvest guidelines. (5) Significant amounts of old growth redwoods in the proposed National Forest additions are being cut at a pace that is based on paying high interest rates on poor quality bonds and not at a pace that is based on sound forest management practices. (6) The continued fragmentation and loss of irreplaceable ecosystems creates an urgent need to develop creative solutions to achieve the long-term benefits of permanent protection and preservation. (b) Purpose.--The purpose of this Act is to provide for the sound management and protection of old growth Redwood forest areas in Humboldt County, California, and to preserve and enhance habitat for the marbled murrelet, Northern Spotted owl, native salmon stocks, and other old growth forest dependent species, by adding certain lands and waters to the Six Rivers National Forest and by including a portion of such lands in the national wilderness preservation system. (c) Definitions.--For purposes of this Act: (1) The terms ``Six Rivers National Forest Addition'' and ``Headwaters Forest'' mean the area authorized for land acquisition activities under section 3, as depicted on the map described in section 3(b)(1). (2) The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. ADDITION TO SIX RIVERS NATIONAL FOREST. (a) Modification of Boundaries.--Effective upon the consummation of a land acquisition conducted as provided in subsection (b), the Secretary of Agriculture shall modify the exterior boundaries of the Six Rivers National Forest in the State of California to include the acquired lands. (b) Acquisition of Land.-- (1) Area for acquisition activities.--The Secretary may acquire lands and interests in land within the boundaries of an area comprising approximately 44,000 acres, as generally depicted on the map entitled ``Six Rivers National Forest Addition proposed'' and dated June 1993, for inclusion in the Six Rivers National Forest under subsection (a). The map shall be on file and available for public inspection in the offices of the Forest Supervisor, Six Rivers National Forest, and in the offices of the Chief of the Forest Service, Department of Agriculture. (2) Manner of conducting acquisition.--Lands and interests in lands within the Six Rivers National Forest Addition may be acquired by the Secretary only by donation, by purchase with donated or appropriated funds, or by exchange. (3) Special rule for federal transfers.--For purposes of making an exchange under paragraph (2), excess or surplus lands under the jurisdiction of any other department, agency, or instrumentality of the United States may be transferred, subject to the advance approval of the transfer by law, to the administrative jurisdiction of the Secretary if the Secretary identifies the lands as suitable for use in making an exchange. To facilitate the approval of a transfer of lands under this paragraph, the Secretary shall submit to the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives and to the Committee on Agriculture, Nutrition, and Forestry of the Senate proposed legislation in connection with the proposed transfer. The transfer of lands under this paragraph shall be made without compensation to the transferring department, agency, or instrumentality. (4) Acquisition of certain lands outside addition.--When a tract of land proposed to be acquired is only partly within the Six Rivers National Forest Addition, the Secretary may acquire all or any portion of the land outside of the Six Rivers National Forest Addition to minimize the payment of severance costs. Land acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries. Land acquired outside of the boundaries of the Six Rivers National Forest Addition under this paragraph and not used for exchange shall be reported to the Administrator of the General Services Administration for disposal under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). (5) Special rule for state or local government lands.-- Lands and interests in lands within the boundaries of the Six Rivers National Forest Addition that are owned by the State of California or any political subdivision thereof, may be acquired only by donation or exchange. (6) Acceptance and use of funds.--The Secretary may accept from the State of California funds to cover the cost of acquiring lands within the Six Rivers National Forest Addition. Notwithstanding any other provision of law, the Secretary may retain and expend such funds for purposes of such acquisition. Such funds shall be available for such purpose without further appropriation and without fiscal year limitation. (c) Land Acquisition Plan.--The Secretary shall develop and implement, within 6 months after the date of the enactment of this Act, a land acquisition plan that contains specific provisions addressing how and when lands will be acquired under subsection (b). The plan shall give priority first to the acquisition of lands within the Six Rivers National Forest Addition proposed for inclusion in the National Wilderness Preservation System. The plan shall include an analysis of the possibilities for acquisition through means other than the expenditure of funds, including the use of excess and surplus Federal properties. The Secretary shall identify and list these properties. The Secretary shall submit copies of the plan to the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Appropriations of the House of Representatives and to the Committee on Energy and Natural Resources, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Appropriations of the Senate. (d) Authorization of Appropriations; Limitation.--There are authorized to be appropriated such sums as may be necessary to carry out this Act; except that the total amount obligated or expended to acquire lands or interests in lands in the Six Rivers Forest Addition shall not exceed $200,000,000. (e) Termination of Acquisition Authority.--Notwithstanding any other provision of this section, the Secretary may not acquire lands under the authority of this section after the end of the 10-year period beginning on the date of the enactment of this Act. (f) Consent of Owner Required for Acquisition.--Lands and interests in lands within the Six Rivers National Forest Addition may not be acquired by the Secretary for purposes of this Act without the consent of the owner of the lands. The Secretary may not acquire lands or interests in lands within the Six Rivers National Forest Addition by condemnation. SEC. 4. WILDERNESS AREAS. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131-1136), lands in the State of California acquired under section 3 of this Act which are within the areas generally depicted on the map referred to in section 3 as the ``Headwaters Forest Wilderness (Proposed)'' shall be designated as wilderness and therefore as a component of the National Wilderness Preservation System, effective upon acquisition under section 3. Such lands shall be known as the Headwaters Forest Wilderness. (b) Map and Description.--As soon as practicable after the inclusion of any lands in the Headwaters Forest Wilderness, the Secretary shall file a map and a legal description of the area so included with the Committee on Natural Resources of the House of Representatives and with the Committee on Energy and Natural Resources of the Senate. The Secretary may correct clerical and typographical errors in such legal description and such map. Each such map and legal description shall be on file and available for public inspection in the offices of the Forest Supervisor, Six Rivers National Forest, and in the offices of the Chief of the Forest Service, Department of Agriculture. (c) Buffer Zones Not Intended.--The Congress does not intend that designation of any area as wilderness under this section lead to the creation of protective perimeters or buffer zones around the wilderness area. The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area. (d) State Authority Over Fish and Wildlife.--As provided in section 4(d)(8) of the Wilderness Act, nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of California with respect to wildlife and fish in any areas designated by this Act as wilderness. SEC. 5. ADMINISTRATION. (a) Management Plan.--Within 1 year after acquiring all or part of the lands identified to be acquired in section 3, the Secretary shall develop a comprehensive management plan for the acquired lands detailing measures for the preservation of the existing old growth redwood ecosystems. The management plan shall include each of the following with respect to the lands so acquired: (1) Prohibition of the sale of timber from lands within the old growth redwood groves as depicted generally on the map referred to in section 3(b)(1). Timber sales in other areas within the Six Rivers National Forest Addition shall be allowed consistent with the purposes of this Act and other applicable Federal laws and regulations. (2) Measures to restore lands affected by previous timber harvests to mitigate watershed degradation and impairment of habitat for the marbled murrelet, northern spotted owl, native salmon stocks, and other old-growth forest dependent species. The management plan shall be reviewed and revised each time the land and resource management plan for the Six Rivers National Forest is revised or more frequently as necessary to meet the purposes of this Act. (b) Applicable Laws and Policies.--(1) The Secretary, acting through the Chief of the Forest Service, shall administer the lands acquired under section 3(b) in accordance with the Management Plan, this Act, and with the other laws, rules, and regulations applicable to such national forest. In addition, subject to valid existing rights, any lands acquired and designated as wilderness under section 4(a) shall also be administered in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act (or any similar reference) shall be deemed to be a reference to the date of acquisition of such lands under section 3 of this Act. (2) To the maximum extent practicable, all work to implement the management plan's Restoration Measures shall be performed by unemployed forest and timber workers, unemployed commercial fishermen, or other unemployed persons whose livelihood depends on fishery and timber resources. (3) In order to facilitate management, the Secretary, acting through the Chief of the Forest Service may enter into agreements with the State of California for the management of lands owned by the State or purchased with State assistance. SEC. 6. PAYMENTS TO LOCAL GOVERNMENT. (a) PILT.--Solely for purposes of payments made pursuant to chapter 69 of title 31 of the United States Code, all lands added to the Six Rivers National Forest by this Act shall be deemed to have been acquired for the purposes specified in section 6904(a) of such title 31. (b) 10-Year Payment.--(1) Subject to annual appropriations and the provisions of subsection (c), for a period of 10 years after acquisition by the United States of lands added to the Six Rivers National Forest by this Act, the Secretary, with respect to such acquired lands, shall make annual payments to Humboldt County in the State of California in an amount equal to the State of California Timber Yield Tax revenues payable under the California Revenue and Taxation Code (sec. 38101 et seq.) in effect as of the date of enactment of this Act that would have been paid with respect to such lands if the lands had not been acquired by the United States, as determined by the Secretary pursuant to this subsection. (2) The Secretary shall determine the amounts to be paid pursuant to paragraph (1) of this subsection based on an assessment of a variety of factors including, but not limited to-- (A) timber actually sold in the subject year from comparable commercial forest lands of similar soil type, slope and such determination of appropriate timber harvest levels, (B) comparable timber size class, age, and quality, (C) market conditions, (D) all applicable Federal, State, and local laws and regulations, and (E) the goal of sustainable, even-flow harvest or renewable timber resources. (c) California Timber Yield Tax.--The amount of State of California Timber Yield Tax payments paid to Humboldt County in any year pursuant to the laws of California for timber sold from lands acquired under this Act shall be deducted from the sums to be paid to Humboldt County in that year under subsection (b). (d) 25-Percent Fund.--Amounts paid under subsection (b) with respect to any land in any year shall be reduced by any amounts paid under the Act of May 23, 1908 (16 U.S.C. 500) which are attributable to sales from the same lands in that year. SEC. 7. FOREST STUDY. The Secretary shall study the lands within the area comprising approximately 13,620 acres and generally depicted as ``Study Area'' on the map referred to in section 3(a). The study shall analyze the area's potential to be added to the Headwaters Forest and shall identify the natural resources of the area including the location of old growth forests, old growth redwood stands, threatened and endangered species habitat and populations including the northern spotted owl and marbled murrelet, commercial timber volume, recreational opportunities, wildlife and fish, watershed management, and the cost of acquiring the land. Within one year of the date of enactment of this Act, the Secretary shall submit a report with the findings of the study to the Committees on Natural Resources, and Agriculture of the United States House of Representatives and the Committees on Energy and Natural Resources, and Agriculture, Nutrition, and Forestry of the United States Senate. SEC. 8. NO ADVERSE EFFECT ON LANDS UNTIL ACQUIRED. (a) In General.--Until the lands in the Six River National Forest Addition are acquired under section 3, the owners of the lands and their designees shall be entitled to the full and lawful use and enjoyment of the lands. Nothing in this Act may be-- (1) construed to impose any limitations upon any otherwise lawful use of the lands by the owners of the lands or their designees; (2) construed as authority to defer the submission, review, approval, or implementation of any timber harvest or similar plan with respect to any portion of the lands; or (3) construed to grant a cause of action against the owner of the lands or their designees. (b) Voluntary Deferment of Use.--The owners of lands described in section 3 or their designees may agree of their own accord to defer some or all lawful enjoyment and use of the land for a certain period of time. SEC. 9. SEARCH AND RESCUE OPERATIONS IN SIX RIVERS NATIONAL FOREST. As provided in section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), mechanical transport (including motor vehicles, motorized equipment, and the landing of fixed-wing and rotary aircraft) shall be permitted anywhere within the boundaries of the Six Rivers National Forest with respect to any emergency involving the health or safety of an individual within the national forests. SEC. 10. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS. (a) Sense of Congress.--It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act should be American-made. (b) Notice Requirement.--In providing payments under section 6 or other financial assistance to, or entering into any contract with, any entity using funds made available under this Act, the Secretary, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress. Passed the House of Representatives September 21, 1994. Attest: DONNALD K. ANDERSON, Clerk. HR. 2866 RFS----2

Headwaters Forest Act - Requires the Secretary of Agriculture to modify the boundaries of the Six Rivers National Forest, California, to include certain lands acquired under this Act and referred to as the Six Rivers National Forest Addition. Authorizes the Secretary to acquire land, with the owner's consent, within the boundaries of the Addition by donation, by purchase, or by exchange for other excess or surplus lands under the jurisdiction of any other department, agency, or instrumentality of the United States (subject to the advance approval of the transfer of such lands by law to the administrative jurisdiction of the Secretary if the Secretary identifies the lands as suitable for use in making an exchange). Prohibits the Secretary from acquiring such lands by condemnation. Directs the Secretary to develop and implement a land acquisition plan giving priority to the acquisition of lands within the boundaries of the Addition. Authorizes appropriations. Terminates the Secretary's authority to acquire lands under this Act after the end of the ten-year period beginning on the enactment of this Act. Designates acquired lands in California which are within the Headwaters Forest Wilderness as a component of the National Wilderness Preservation System. Requires the Secretary to develop a comprehensive management plan for the acquired lands detailing measures for the preservation of the existing old growth redwood ecosystems, including: (1) a prohibition on timber sales from lands within the old growth redwood groves in the Addition; and (2) measures to restore lands affected by previous timber harvests to mitigate watershed degradation and impairment of habitat for the marbled murrelet, northern spotted owl, native salmon stocks, and other old-growth forest dependent species. Sets forth provisions regarding payments to local governments in lieu of taxes for lands acquired under this Act. Directs the Secretary to analyze an area's potential to be added to the Addition, to identify the area's natural resources, to study the watershed management of the area and the cost of acquiring the land, and to report the results to specified congressional committees. Provides that until the lands in the Addition are acquired under this Act, the owners of the lands shall be entitled to full and lawful use and enjoyment of the lands. Declares that nothing in this Act shall be construed: (1) to impose any limitations upon any otherwise lawful use of the lands by the owners; (2) as authority to defer the submission, review, approval, or implementation of any timber harvest or similar plan with respect to any portion of the lands; or (3) to grant a cause of action against the owner of the lands. Allows the owners of such lands to agree of their own accord to defer some or all lawful enjoyment and use of the land for a certain period of time. Permits mechanical transport anywhere within the boundaries of the Forest with respect to any health or safety emergency. Expresses the sense of the Congress that only American-made equipment and products should be purchased with funds made available under this Act. Requires the Secretary to notify entities of this congressional statement when providing payments under this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Health Care Eligibility Reform Act of 1994''. SEC. 2. VETERANS HEALTH CARE ELIGIBILITY REFORM. Chapter 17 of title 38, United States Code, is amended as follows: (1) Section 1701 is amended by adding at the end the following new paragraphs: ``(10) The term `continuum of health care' includes specialized treatment and rehabilitative services of the Department, including comprehensive prevention and health screening programs and services to treat needs of disabled veterans with spinal cord dysfunction, blindness, prosthetics, and mental illness. ``(11) The term `noninstitutional long-term care' includes the following services: ``(A) Hospital-based home care. ``(B) Adult day health care. ``(C) Fee basis care. ``(D) Hospice care. ``(E) Homemaker services. ``(F) Home health aid. ``(G) Case management services. ``(H) Congregate meals. ``(I) Home delivered meals. ``(J) Senior center services. ``(K) Shopping and transportation services. ``(L) Phone check services.''. (2) Section 1710(a)(1) is amended by striking out ``shall furnish'' and all that follows through ``which the'' and inserting in lieu thereof ``shall furnish a continuum of health care (including hospital care, outpatient medical services provided on an outpatient or ambulatory basis, and noninstitutional long-term care) which the''. (3) Subchapter II is amended by inserting after section 1710 the following new section: ``Sec. 1710A. Institutional long-term care for certain veterans ``(a) The Secretary shall provide institutional nursing home care to any veteran who is described in subparagraph (A) or (D) of section 1710(a)(1), or in subparagraph (C) of section 1712(a)(1), of this title or who is in receipt of pension from the Secretary. ``(b) If a veteran who is provided nursing home care by reason of subsection (a) is also eligible for payment for the costs of nursing home care under a State plan title XIX of the Social Security Act, the Secretary shall be entitled to recover from that State plan the amount that the State plan would pay for that care if provided by an authorized provider. For purposes of this subsection, the veteran shall be deemed to have paid any deductible or copayment otherwise required as a condition of payment by the State plan.''. (4) Section 1710(d) is amended by inserting ``1710A or'' after ``section''. (5) Subchapter III is amended by inserting after section 1729 the following new section: ``Sec. 1729A. Medicare coverage and reimbursement ``(a) For purposes of any program administered by the Secretary of Health and Human Services under title XVIII of the Social Security Act, a Department facility shall be deemed to be a Medicare provider. ``(b)(1) A VA medical center (or group of medical centers) shall be considered to be a Medicare HMO. ``(2) For purposes of this section, the term `Medicare HMO' means an eligible organization under section 1876 of the Social Security Act. ``(c) In the case of care for a non-service-connected disability that is provided to a veteran who is eligible for benefits under the Medicare program under title XVIII of the Social Security Act, the Secretary of Health and Human Services shall reimburse a Department health-care facility providing services as a Medicare provider or Medicare HMO in the same amounts and under the same terms and conditions as that Secretary reimburses other Medicare providers or Medicare HMOs, respectively. The Secretary of Health and Human Services shall include with each such reimbursement a Medicare explanation of benefits. ``(d) In the case of a veteran whose eligibility for hospital care from the Department is by reason of section 1710(a)(2) of this title, the Secretary shall, when providing care to the veteran for which the Secretary receives reimbursement under this section, require the veteran to pay to the Department any applicable deductible or copayment that is not covered by Medicare.''. SEC. 3. PLAN FOR ENTITLEMENT TO INSTITUTIONAL NURSING HOME CARE FOR OTHER VETERANS. (a) Establishment of Plan.--The Secretary of Veterans Affairs shall develop a plan to implement (over a specified period of years) the provision of institutional long-term care for any veteran described in subsection (b). The plan may provide for the provision of institutional long-term care through facilities of the Department of Veterans Affairs or through a long-term care insurance contract, or a combination thereof. In specifying benefits, or a proposed range of benefits, under the plan, the Secretary shall consider a representative range of the different types of health benefits provisions (which include cost- sharing) typically offered as long-term institutional care coverage in the small employer health coverage market. (b) Covered Veterans.--The plan shall propose to cover any veteran not covered by section 1710A of title 38, United States Code, as added by section 2, who-- (1) has a service-connected disability rated at less than 50 percent; (2) has an annual income (as determined under section 1503 of such title) that does not exceed three times the maximum annual rate of pension that would be applicable to the veteran if the veteran were eligible for pension under section 1521(d) of such title; (3) has a catastrophic nonservice-connected disability (as defined by the Secretary); or (4) requires institutional long-term care as a follow up to inpatient care, as authorized under section 1720 of this title. (c) Premiums and Copayments.--The plan shall include the establishment of a schedule of premiums and copayments for care provided through Department of Veterans Affairs institutional care programs in effect on the day before the date of the enactment of this Act. The plan shall specify a range of premiums and copayments that would apply based upon different combinations of levels of payments by the Government, copayments, and premiums, as specified in the plan. (d) Long-Term Care Insurance Contract.--For purposes of this section, the term `long-term care insurance contract' means any insurance contract issued if-- (1) the only insurance protection provided under the contract is coverage of institutional long-term care services (as specified in the contract) and benefits incidental to such coverage, (2) the maximum benefit under the policy for expenses incurred for any day does not exceed $200, (3) the contract does not cover expenses incurred for services or items to the extent that such expenses are reimbursable under title XVIII of the Social Security Act or would be so reimbursable but for the application of a deductible or coinsurance amount, (4) the contract is guaranteed renewable, (5) the contract does not have any cash surrender value, and (6) all refunds of premiums, and all policyholder dividends or similar amounts, under the contract are to be applied as a reduction in future premiums or to increase future benefits. (e) Report to Congress.--Not later than September 30, 1996, the Secretary shall submit to Congress a report on the plan. The report shall include-- (1) a cost analysis, including a range of premiums and copayments and Government cost-sharing; (2) a discussion of the cost of establishing a long-term care insurance program for veterans described in subsection (b) using contract authority (if such contract authority is provided by law); and (3) a draft of legislation to make any necessary changes in law to enable the Department to implement the plan. SEC. 4. ENROLLMENT SYSTEM FOR OTHER PERSONS. (a) In General.--(1) Title 38, United States Code, is amended by inserting after chapter 17 the following new chapter: ``CHAPTER 18--VA GROUP HEALTH PLAN ``Sec. ``1801. Definitions. ``1802. VA Group Health Plan. ``1803. Enrollment. ``1804. Limitation on preexisting conditions. ``1805. Plan to be self supporting. ``1806. Annual report. ``Sec. 1801. Definitions ``For purposes of this chapter: ``(1) The term `eligible veteran' means any veteran other than a veteran eligible for health care under section 1710(a)(1) of this title. ``(2) The term `VA enrollee' means an individual enrolled in the VA Group Health Plan. ``Sec. 1802. VA Group Health Plan ``(a) The Secretary shall administer a program of health insurance under this chapter to be known as the VA Group Health Plan. The Secretary may provide such insurance directly or may contract with an insurance provider in the private sector for the provision of such insurance. The plan may be established as a single, nation-wide plan or as a composite of regional health insurance plans. ``(b) The Secretary shall establish and carry out the VA Group Health Plan as a managed-care plan and so that it meets the following requirements: ``(1) The plan shall be designed to be self-sustaining through required premiums, copayments, deductibles, and other charges, and without appropriated funds. ``(2) The plan shall provide such benefits as the Secretary determines. ``(c) The Secretary may award contracts under this section for the operation of the VA Group plan. ``(d) The Secretary may provide treatment in Department facilities for any enrollee, if cost effective. ``Sec. 1803. Enrollment ``(a) The following individuals are eligible to enroll in the VA Group Health Plan: ``(1) Any eligible veteran. ``(2) The spouse or child of any veteran. ``(b)(1) The Secretary of Veterans Affairs shall establish an enrollment (and disenrollment) process for the VA Group Health Plan in accordance with this subsection. Such process shall be established in consultation with veterans and other individuals to be served by the plan. ``(2) For each eligible veteran, when the veteran first becomes eligible to enroll in the VA Group Health Plan, there shall be an initial enrollment period (of not less than 30 days) during which the veteran may enroll in the plan. ``(3) The Secretary shall establish an annual period, of not less than 30 days, during which eligible veterans may enroll in the VA Group Health Plan. ``(4) If a veteran enrolls in the VA Group Health Plan, the veteran may at the same time enroll, as a family enrollment, the veteran's spouse and children in the plan. ``(5) In the case of individuals who through marriage, divorce, birth or adoption of a child, or similar circumstances, experience a change in family composition, the Secretary shall provide for a special enrollment period in which the individual is permitted to change the individual or family basis of coverage. The circumstances under which such special enrollment periods are required and the duration of such periods shall be specified by the Secretary. ``(6) The Secretary shall provide for a special transitional enrollment period during which eligible individuals may first enroll. ``(c) Enrollment of the spouse (including a child of the spouse) and any dependent child of an eligible veteran shall be considered to be timely if a request for enrollment is made either-- ``(1) within 30 days of the date of the marriage or of the date of the birth or adoption of a child, if family coverage is available as of such date, or ``(2) within 30 days of the date family coverage is first made available. ``(d) Family coverage shall become effective not later than the first day of the first month beginning after the date of the marriage or the date of birth or adoption of the child (as the case may be). ``(e) The Secretary may terminate coverage for nonpayment of premiums. ``(f) Coverage of a spouse under a policy under this chapter may not be canceled by reason of the death of the veteran unless the surviving spouse remarries. ``Sec. 1804. Limitation on preexisting conditions ``(a) The VA Group Health Plan may not impose (and an insurer under that plan may not require the Secretary impose through a waiting period for coverage under the plan or similar requirement) a limitation or exclusion of benefits relating to treatment of a condition based on the fact that the condition preexisted the effective date of the plan with respect to an individual if-- ``(1) the condition relates to a condition that was not diagnosed or treated within three months before the date of coverage under the plan; ``(2) the limitation or exclusion extends over more than six months after the date of coverage under the plan; ``(3) the limitation or exclusion applies to an individual who, as of the date of birth, was covered under the plan; or ``(4) the limitation or exclusion relates to pregnancy. In the case of an individual who is eligible for coverage under a plan but for a waiting period imposed by the employer, in applying paragraphs (1) and (2), the individual shall be treated as having been covered under the plan as of the earliest date of the beginning of the waiting period. ``(b)(1) The Secretary, for purposes of the VA Group Health Plan, shall waive any period applicable to a preexisting condition for similar benefits with respect to an individual to the extent that the individual, before the date of such individual's enrollment in such plan, was covered for the condition under any other health plan that was in effect before such date. ``(2) Paragraph (1) shall no longer apply if there is a continuous period of more than 60 days (or, in the case of an individual who loses coverage under a group health plan due to termination of employment, six months) on which the individual was not covered under a group health plan. ``(3) In applying paragraph (2), any waiting period imposed by an employer before an employee is eligible to be covered under a plan shall be treated as a period in which the employee was covered under a group health plan. ``Sec. 1805. Plan to be self supporting ``The Secretary shall administer the VA Group Health Plan so as to ensure that no appropriated funds are required for the operation of the plan (other than as necessary for startup and transition costs). The Secretary shall establish such premiums, copayments, and other charges for the plan as necessary. ``Sec. 1806. Annual report ``(a) The Secretary shall submit to Congress an annual report on the VA Group Health Plan. The report shall provide information on prices, health outcomes, and enrollee satisfaction under the plan and any other information the Secretary considers appropriate concerning the quality of the plan, including a breakdown of the portion of premiums under the plan that are attributable to the overhead operations of the plan. ``(b) The report shall be submitted each year before the annual general enrollment period. The Secretary shall make such report available to other interested persons.''. (2) The table of chapters at the beginning of part II of title 38, United States Code, is amended by inserting after the item relating to chapter 17 the following new item: ``18. VA Group Health Plan.................................. 1801.''. (b) Initial Report.--The initial report of the Secretary of Veterans Affairs under section 1806 of title 38, United States Code, as added by subsection (a), shall be submitted no later than September 30, 1995. The report shall include a cost analysis for the plan and a range of premiums and copayments that may be implemented under the plan. SEC. 5. MANAGED CARE SYSTEM OF HEALTH DELIVERY. (a) Chapter 73 of title 38, United States Code, is amended by inserting after section 7306 the following new sections: ``Sec. 7307. Managed care ``(a) The Secretary shall administer the health programs of the Veterans Health Administration through use of the model of medical practice known as `managed care'. ``(b) In implementing a managed care system, the Under Secretary shall, to the extent possible-- ``(1) shift the focus of care provided by the Veterans Health Administration to primary care; ``(2) establish enhanced quality assurance mechanisms; and ``(3) establish utilization review procedures to prevent inefficient practices. ``Sec. 7308. Veterans Service Areas ``The Secretary shall organize the health care delivery services and resources of the Veterans Health Administration into geographic regions to be known as Veterans Service Areas.''. (b) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7306 the following new items: ``7307. Managed care. ``7308. Veterans Service Areas.''. (c) If, as of the date of the enactment of this Act, the position of Under Secretary for Health of the Department of Veterans Affairs is vacant, the provisions of section 7308 of title 38, United States Code, as added by subsection (a), shall not take effect until an individual is appointed to that position. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Veterans Affairs for each of fiscal years 1995 through 1999 (in constant fiscal year 1995 dollars)-- (1) $200,000,000 to acquire medical equipment to relieve the existing medical equipment backlog in Department of Veterans Affairs medical facilities; and (2) $500,000,000 for improvements of infrastructure, patient care amenities, primary care services, and personnel and for medical facility construction projects (subject to section 8104 of title 38, United States Code).

Veterans' Health Care Eligibility Reform Act of 1994 - Defines "continuum of health care" and "noninstitutional long-term care" under veterans' health care provisions. Directs the Secretary of Veterans Affairs to provide a continuum of health care to veterans eligible for veterans' benefits. (Sec. 2) Directs the Secretary to provide institutional nursing home care to certain disabled veterans or those in receipt of a veterans' pension. Allows for recovery of nursing home care costs by the Secretary if the veteran is also eligible for such care through a State plan under title XIX (Medicaid) of the Social Security Act. Designates a Department of Veterans Affairs facility as a Medicare provider for purposes of any program administered by the Secretary of Health and Human Services (HHS) under title XVIII (Medicare) of the Social Security Act. Declares a Department medical center as a Medicare HMO. Directs the HHS Secretary to reimburse a Department facility or medical center for providing services as a Medicare provider in the case of care for a non-service-connected disability of a veteran eligible for Medicare benefits. (Sec. 3) Directs the Secretary to develop a plan to implement the provision of institutional long-term care for veterans who: (1) have a service-connected disability of less than 50 percent; (2) have an annual income below a formulated amount; (3) have a catastrophic nonservice-connected disability; or (4) require such care as a follow-up to inpatient care. Outlines, with respect to such care, provisions concerning: (1) premiums and copayments for covered veterans; (2) the issuance of a long-term care insurance contract; and (3) a report from the Secretary to the Congress on the costs of the plan and the insurance contract and legislation required for plan implementation. (Sec. 4) Directs the Secretary to administer a program of health insurance known as the VA Group Health Plan as a managed-care plan meeting specified requirements. Allows any eligible veteran and his or her spouse or child to be enrolled in the Plan. Provides Plan enrollment requirements. Prohibits the Plan from imposing a limitation or exclusion of benefits relating to treatment for certain preexisting conditions. Directs the Secretary to administer the Plan so that no appropriated funds are required for Plan operation. Requires an annual report to the Congress by the Secretary on Plan operation, as well as an initial report. (Sec. 5) Directs the Secretary to administer the health programs of the Veterans Health Administration (VHA) through use of a managed care medical practice model, with limitations. Directs the Secretary to organize the VHA health care delivery and resources into geographic regions known as veterans service areas. (Sec. 6) Authorizes appropriations to the Secretary for FY 1995 through 1999 for: (1) acquiring medical equipment to relieve existing medical equipment backlogs in Department facilities; and (2) infrastructure improvement, patient care amenities, primary care services and personnel, and medical facility construction projects.

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SECTION 1. SHORT TITLE. This title may be cited as the ``Habeas Corpus Revision Act of 1994''. SEC. 2. STATUTE OF LIMITATIONS. Section 2254 of title 28, United States Code, is amended by adding at the end the following: ``(g)(1) In the case of an applicant under sentence of death, any application for habeas corpus relief under this section must be filed in the appropriate district court not later than 1 year after-- ``(A) the date of denial of a writ of certiorari, if a petition for a writ of certiorari to the highest court of the State on direct appeal or unitary review of the conviction and sentence is filed, within the time limits established by law, in the Supreme Court; ``(B) the date of issuance of the mandate of the highest court of the State on direct appeal or unitary review of the conviction and sentence, if a petition for a writ of certiorari is not filed, within the time limits established by law, in the Supreme Court; or ``(C) the date of issuance of the mandate of the Supreme Court, if on a petition for a writ of certiorari the Supreme Court grants the writ and disposes of the case in a manner that leaves the capital sentence undisturbed. ``(2) The time requirements established by this section shall be tolled-- ``(A) during any period in which the State has failed to provide counsel as required in section 2257 of this chapter; ``(B) during the period from the date the applicant files an application for State postconviction relief until final disposition of the application by the State appellate courts, if all filing deadlines are met; and ``(C) during an additional period not to exceed 90 days, if counsel moves for an extension in the district court that would have jurisdiction of a habeas corpus application and makes a showing of good cause.''. SEC. 3. STAYS OF EXECUTION IN CAPITAL CASES. Section 2251 of title 28, United States Code, is amended-- (1) by inserting ``(a)(1)'' before the first paragraph; (2) by inserting ``(2)'' before the second paragraph; and (3) by adding at the end the following: ``(b) In the case of an individual under sentence of death, a warrant or order setting an execution shall be stayed upon application to any court that would have jurisdiction over an application for habeas corpus under this chapter. The stay shall be contingent upon reasonable diligence by the individual in pursuing relief with respect to such sentence and shall expire if-- ``(1) the individual fails to apply for relief under this chapter within the time requirements established by section 2254(g) of this chapter; ``(2) upon completion of district court and court of appeals review under section 2254 of this chapter, the application is denied and-- ``(A) the time for filing a petition for a writ of certiorari expires before a petition is filed; ``(B) a timely petition for a writ of certiorari is filed and the Supreme Court denies the petition; or ``(C) a timely petition for certiorari is filed and, upon consideration of the case, the Supreme Court disposes of it in a manner that leaves the capital sentence undisturbed; or ``(3) before a court of competent jurisdiction, in the presence of counsel qualified under section 2257 of this chapter and after being advised of the consequences of the decision, an individual waives the right to pursue relief under this chapter.''. SEC. 4. LAW APPLICABLE. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 2256. Law applicable ``(a) Except as provided in subsection (b), in an action under this chapter, the court shall not apply a new rule. ``(b) A court shall apply a new rule, if the new rule-- ``(1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or ``(2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. ``(c) As used in this section, the term `new rule' means a clear break from precedent, announced by the Supreme Court of the United States, that could not reasonably have been anticipated at the time the claimant's sentence became final in State court. A rule is not `new' merely because it was not dictated or compelled by the precedents existing at that time or because, at that time, it was susceptible to debate among reasonable minds.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding at the end the following: ``2256. Law applicable.''. SEC. 5. COUNSEL IN CAPITAL CASES; STATE COURT. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 804 of this subtitle the following: ``Sec. 2257. Counsel in capital cases; State court ``(a) Notwithstanding section 2254(d) of this chapter, the court in an action under this chapter shall neither presume a finding of fact made in a State court proceeding specified in subsection (b)(1) of this section to be correct nor decline to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless-- ``(1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases that meets the specifications in subsection (b) of this section; ``(2) if the applicant in the instant case was eligible for the appointment of counsel and did not waive such an appointment, the State actually appointed an attorney or attorneys to represent the applicant in the State proceeding in which the finding of fact was made or the default occurred; and ``(3) the attorney or attorneys so appointed substantially met both the qualification standards specified in subsection (b)(3)(A) or (b)(4) of this section and the performance standards established by the appointing authority. ``(b) A mechanism for providing legal services to indigents within the meaning of subsection (a)(1) of this section shall include the following elements: ``(1) The State shall provide legal services to-- ``(A) indigents charged with offenses for which capital punishment is sought; ``(B) indigents who have been sentenced to death and who seek appellate, collateral, or unitary review in State court; and ``(C) indigents who have been sentenced to death and who seek certiorari review of State court judgments in the United States Supreme Court. ``(2) The State shall establish a counsel authority, which shall be-- ``(A) a statewide defender organization; ``(B) a resource center; or ``(C) a counsel authority appointed by the highest State court having jurisdiction over criminal matters, consisting of members of the bar with substantial experience in, or commitment to, the representation of criminal defendants in capital cases, and comprised of a balanced representation from each segment of the State's criminal defense bar. ``(3) The counsel authority shall-- ``(A) publish a roster of attorneys qualified to be appointed in capital cases, procedures by which attorneys are appointed, and standards governing qualifications and performance of counsel, which shall include-- ``(i) knowledge and understanding of pertinent legal authorities regarding issues in capital cases; and ``(ii) skills in the conduct of negotiations and litigation in capital cases, the investigation of capital cases and the psychiatric history and current condition of capital clients, and the preparation and writing of legal papers in capital cases; ``(B) monitor the performance of attorneys appointed and delete from the roster any attorney who fails to meet qualification and performance standards; and ``(C) appoint a defense team, which shall include at least 2 attorneys, to represent a client at the relevant stage of proceedings, within 30 days after receiving notice of the need for the appointment from the relevant State court. ``(4) An attorney who is not listed on the roster shall be appointed only on the request of the client concerned and in circumstances in which the attorney requested is able to provide the client with quality legal representation. ``(5) No counsel appointed pursuant to this section to represent a prisoner in State postconviction proceedings shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made, unless the prisoner and counsel expressly request continued representation. ``(6) The ineffectiveness or incompetence of counsel appointed pursuant to this section during State or Federal postconviction proceedings shall not be a ground for relief in a proceeding arising under section 2254 of this title. This limitation shall not preclude the appointment of different counsel at any phase of State or Federal postconviction proceedings. ``(7) Upon receipt of notice from the counsel authority that an individual entitled to the appointment of counsel under this section has declined to accept such an appointment, the court requesting the appointment shall conduct, or cause to be conducted, a hearing, at which the individual and counsel proposed to be appointed under this section shall be present, to determine the individual's competency to decline the appointment, and whether the individual has knowingly and intelligently declined it. ``(8) Attorneys appointed pursuant to this section shall be compensated on an hourly basis pursuant to a schedule of hourly rates as periodically established by the counsel authority after consultation with the highest State court with jurisdiction over criminal matters. Appointed counsel shall be reimbursed for expenses reasonably incurred in representing the client, including the costs of law clerks, paralegals, investigators, experts, or other support services. ``(9) Support services for staff attorneys of a defender organization or resource center shall be equal to the services listed in paragraph (8).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 804 the following: ``2257. Counsel in capital cases; State court.''. SEC. 6. SUCCESSIVE FEDERAL PETITIONS. Section 2244(b) of title 28, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by inserting ``, in the case of an applicant not under sentence of death,'' after ``When''; and (3) by adding at the end the following: ``(2) In the case of an applicant under sentence of death, a claim presented in a second or successive application, that was not presented in a prior application under this chapter, shall be dismissed unless-- ``(A) the applicant shows that-- ``(i) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application; or ``(ii) the failure to raise the claim in the prior application was due to action by State officials in violation of the Constitution of the United States; and ``(B) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense or offenses for which the capital sentence was imposed, or in the validity of that sentence under Federal law.''. SEC. 7. CERTIFICATES OF PROBABLE CAUSE. The third paragraph of section 2253, of title 28, United States Code, is amended to read as follows: ``An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, unless the justice or judge who rendered the order or a circuit justice or judge issues a certificate of probable cause. However, an applicant under sentence of death shall have a right of appeal without a certification of probable cause, except after denial of a second or successive application.''. SEC. 8. DUTIES OF THE DISTRICT COURT. Section 2254(a) of title 28, United States Code, is amended by adding at the end the following: ``In adjudicating the merits of any such ground, the court shall exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts and shall not defer to a previous State court judgment regarding a Federal legal standard or its application. Upon request, the court shall permit the parties to present evidence regarding material facts that were not adequately developed in State court. The court shall award relief with respect to any meritorious constitutional ground, unless, in the case of a violation that can be harmless, the respondent shows that the error was harmless beyond a reasonable doubt.''. SEC. 9. CLAIMS OF INNOCENCE. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 805 of this subtitle the following: ``Sec. 2258. Claims of innocence ``(a) At any time, and notwithstanding any other provision of law, a district court shall issue habeas corpus relief on behalf of an applicant under sentence of death, imposed either in Federal or in State court, who offers credible newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in-- ``(1) an acquittal of the offense for which the death sentence was imposed; or ``(2) a sentence other than death. ``(b) An application filed pursuant to subsection (a) shall offer substantial evidence which, if credible, would establish one of the standards in subsection (a)(1) or (2). An application that fails to do so may be dismissed. ``(c) If the court concludes that an application meets the requirements in subsection (b), the court shall-- ``(1) order the respondent to file an answer; ``(2) permit the parties to conduct reasonable discovery; ``(3) conduct a hearing to resolve disputed issues of fact; and ``(4) upon request, issue a stay of execution pending further proceedings in the district court and on direct review of the district court's judgment. ``(d) If the court concludes that the applicant meets the standards established by subsection (a)(1) or (2), the court shall order his or her release, unless a new trial or, in an appropriate case, a new sentencing proceeding, is conducted within a reasonable time. ``(e) If the court determines that the applicant is currently entitled to pursue other available and effective remedies in either State or Federal court, the court may, at the request of either party, suspend its consideration of the application under this section until the applicant has exhausted those remedies. A stay issued pursuant to subsection (c) shall remain in effect during such a suspension. ``(f) An application under this section may be consolidated with any other pending application under this chapter, filed by the same applicant.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 805 of this subtitle the following: ``2258. Claims of innocence.''. SEC. 10. PROCEDURAL DEFAULT IN STATE COURT. Section 2254 of title 28, United States Code, is amended by adding the following: ``(h)(1) A district court shall decline to consider a claim under this section if-- ``(A) the applicant previously failed to raise the claim in State court at the time and in the manner prescribed by State law; the State courts, for that reason, refused or would refuse to entertain the claim; such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the Supreme Court of the United States; and ``(B) the applicant fails to show cause for the failure to raise the claim in State court and prejudice to the applicant's right to fair proceedings or to an accurate outcome resulting from the alleged violation of the Federal right asserted, or that failure to consider the claim would result in a miscarriage of justice. ``(2) The court shall not find cause in any case in which it appears that the applicant or counsel deliberately withheld a claim from the State courts for strategic purposes. An applicant may establish cause by showing that-- ``(A) the factual basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant could have raised the claim in State court; ``(B) the claim relies on a decision of the Supreme Court of the United States, announced after the applicant might have raised the claim in State court; or ``(C) the failure to raise the claim in State court was due to interference by State officials, counsel's ignorance or neglect, or counsel's ineffective assistance in violation of the Constitution.''. HR 4018 RH----2

Habeas Corpus Revision Act of 1994 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances. (Sec. 3) Specifies requirements for stays of execution in capital cases. (Sec. 4) Prohibits the court from applying a new rule representing a clear break from precedent announced by the U.S. Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule: (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. (Sec. 5) Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless: (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements; (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred; and (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority. (Sec. 6) Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that: (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law. (Sec. 7) Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application. (Sec. 8) Requires the district court, in adjudicating habeas corpus cases, to: (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground (rather than deferring to a previous State court judgment regarding a Federal legal standard or its application); (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death; and (3) decline to consider a habeas corpus claim under specified circumstances.

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entitled ``Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes'' approved March 24, 1976 (48 U.S.C. 1801 et seq.), is amended-- (1) by adding at the end the following new sections: ``SEC. 7. LABELING OF TEXTILE FIBER PRODUCTS. ``(a) In General.--No textile fiber product shall have a stamp, tag, label, or other means of identification or substitute therefor on or affixed to the product stating `Made in USA' or otherwise stating or implying that the product was made or assembled in the United States unless-- ``(1) each individual providing direct labor in production of such textile fiber product was paid a wage equal to or greater than the wage set by section 8; ``(2) the product was produced or manufactured in compliance with all Federal laws relating to labor rights and working conditions, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938; ``(3) the factory or other business concern producing or manufacturing the product, as certified by the Secretary of Labor, has full-time employees in nonmanagerial positions who are citizens or nationals of the United States, aliens lawfully admitted into the United States for permanent residence, citizens of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, aliens admitted into the United States as refugees under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or aliens granted asylum in the United States under section 208 of that Act (8 U.S.C. 1158), in the following percentages: 25 percent within 6 months after the date of the enactment of this section, 50 percent within 1 year after such date of enactment, and 75 percent within 18 months after such date of enactment; and ``(4) the factory or other business concern producing or manufacturing the product does not employ individuals under conditions of indentured servitude. ``(b) Result of Noncompliance.--A textile fiber product which is stamped, tagged, labeled, or otherwise identified in violation of subsection (a) shall be deemed to be misbranded for purposes of the Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.). ``(c) Definition.--For purposes of this section, the term `direct labor' includes any work provided to prepare, assemble, process, package, or transport a textile fiber product, but does not include supervisory, management, security, or administrative work. ``SEC. 8. MINIMUM WAGE. ``Section 503(c) of the foregoing Covenant shall be construed and applied as if it read as follows: ```(c) The minimum wage provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), shall apply to the Commonwealth of the Northern Mariana Islands, except that-- ```(1) through December 31, 1999, the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall be $3.55 per hour; ```(2) on January 1, 2000, and on July 1 and January 1 of each year thereafter, the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall be $0.50 per hour more than the minimum wage that was applicable to the Commonwealth of the Northern Mariana Islands for the preceding 6-month period until the minimum wage applicable to the Commonwealth of the Northern Mariana Islands is equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938; and ```(3) after the minimum wage applicable to the Commonwealth of the Northern Mariana Islands is equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938, pursuant to paragraph (2), the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall increase as necessary to remain equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938.' ``SEC. 9. CONDITIONS FOR DUTY-FREE AND QUOTA-FREE TREATMENT. ``(a) Conditions.--No product of the Northern Mariana Islands may enter the customs territory of the United States duty-free or not subject to quota as the product of an insular possession, unless-- ``(1) each individual providing direct labor in production of the product was paid a wage equal to or greater than the wage set by section 8; ``(2) the product was produced or manufactured in compliance with all Federal laws relating to labor rights and working conditions, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938; ``(3) the factory or other business concern producing or manufacturing the product, as certified by the Secretary of Labor, has full-time employees in nonmanagerial positions who are citizens or nationals of the United States, aliens lawfully admitted into the United States for permanent residence, citizens of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, persons admitted into the United States under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or aliens granted asylum in the United States under section 208 of that Act (8 U.S.C. 1158), in the following percentages: 25 percent within 6 months after the date of the enactment of this section, 50 percent within 1 year after such date of enactment, and 75 percent within 18 months after such date of enactment; ``(4) the factory or other business concern producing or manufacturing the product does not employ individuals under conditions of indentured servitude; and ``(5) the Commissioner of Customs has certified that the Commonwealth of the Northern Mariana Islands is taking adequate measures-- ``(A) to prevent unlawful transshipment of goods that is carried out by rerouting, false declaration concerning country or place of origin, falsification of documents, evasion of United States rules of origin, or any other means; and ``(B) to prevent being used as a transit point for the shipment of goods in violation of the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act or any other applicable trade agreement. ``(b) Penalties Against Exporters.--If the President determines, based on sufficient evidence, that an exporter has willfully falsified information regarding the country of origin, manufacture, processing, or assembly of a product of the Northern Mariana Islands for which duty-free or quota-free treatment is claimed, then the President shall deny to such exporter, and any successors of such exporter, for a period of 2 years, duty-free and quota-free treatment for such product. ``(c) Definition.--For purposes of this section, the term `direct labor' includes any work provided to prepare, assemble, process, package, or transport a product, but does not include supervisory, management, security, or administrative work.''; and (2) by adding after the new sections added by paragraph (1), the following new section: ``SEC. 10. APPLICABILITY OF IMMIGRATION LAWS. ``Section 506 of the foregoing Covenant shall be construed and applied as if it included at the end the following subsection: ```(e)(1) Subject to paragraphs (2) and (3), the provisions of the Immigration and Nationality Act shall apply to the Northern Mariana Islands as if the Northern Mariana Islands were a State (as defined in section 101(a)(36) of such Act), and a part of the United States (as defined in section 101(a)(38) of such Act). Such Act shall supersede and replace all laws, provisions, or programs of the Commonwealth of the Northern Mariana Islands relating to the admission and removal of aliens from the Northern Mariana Islands. ```(2)(A) Notwithstanding paragraph (1) and subject to subparagraph (C), if the Secretary of Labor, upon receipt of a joint recommendation of the Governor and Legislature of the Commonwealth of the Northern Mariana Islands, finds that exceptional circumstances exist with respect to the inability of employers in the Northern Mariana Islands to obtain sufficient work-authorized labor, the Attorney General may establish a specific number of employment-based immigrant visas to be made available during the following fiscal year under this paragraph and section 203(b) of the Immigration and Nationality Act. ```(B) Upon notification by the Attorney General that a number has been established pursuant to subparagraph (A), the Secretary of State may allocate up to that number of visas without regard to the numerical limitations set forth in sections 202 and 203(b)(3)(B) of the Immigration and Nationality Act. Visa numbers allocated under this subparagraph shall be allocated first from the number of visas available under section 203(b)(3) of the Immigration and Nationality Act, or, if such visa numbers are not available, from the number of visas available under section 203(b)(5) of such Act. ```(C) The authority of the Attorney General and the Secretary of State under subparagraphs (A) and (B) shall expire at the end of the 4th fiscal year following the first fiscal year for which the Attorney General establishes a number pursuant to subparagraph (A). ```(D) Persons granted employment-based immigrant visas under this paragraph may be admitted initially at a port-of-entry in the Northern Mariana Islands, or at a port-of-entry in Guam, for the purpose of immigrating to the Northern Mariana Islands, as lawful permanent residents of the United States. ```(E) Any immigrant visa issued pursuant to this paragraph shall be valid only for application for initial admission to the Northern Mariana Islands. The admission of any alien pursuant to such an immigrant visa shall be an admission for lawful permanent residence and employment only in the Northern Mariana Islands during the first 3 years after such admission. Such admission shall not authorize permanent residence or employment in any other part of the United States during such 3-year period. An alien admitted for permanent residence pursuant to this paragraph shall be issued appropriate documentation identifying the person as having been admitted pursuant to the terms and conditions of this paragraph, and shall be required to comply with a system for the registration and reporting of aliens admitted for permanent residence under this subsection, to be established by the Attorney General under chapter 7 of title II of the Immigration and Nationality Act. ```(F) Nothing in this paragraph shall preclude an alien who has obtained lawful permanent resident status pursuant to this paragraph from applying, if otherwise eligible under this section and under the Immigration and Nationality Act, for an immigrant visa or admission as a lawful permanent resident under the Immigration and Nationality Act. ```(G) Any alien admitted under this paragraph, who violates the provisions of this paragraph, or who is found removable or inadmissible under section 237(a) of the Immigration and Nationality Act, or paragraphs (1), (2), (3), (4)(A), (4)(B), (6), (7), (8), or (9) of section 212(a) of such Act, shall be removed pursuant to chapter 4 of title II of such Act. ```(H) The Attorney General may establish by regulation a procedure by which an alien who has obtained lawful permanent resident status pursuant to this paragraph may apply for a waiver of the limitations on the terms and conditions of such status. The Attorney General may grant the application for waiver, in the discretion of the Attorney General, if: (1) the alien is not in removal proceedings, (2) the alien has been a person of good moral character for the preceding 5 years, (3) the alien has not violated the terms and conditions of the alien's permanent resident status, and (4) the alien would suffer exceptional and extremely unusual hardship were such terms and conditions not waived. ```(I) The limitations on the terms and conditions of an alien's permanent residence set forth in this paragraph shall expire at the end of 3 years after the alien's admission to the Northern Mariana Islands as a permanent resident and the alien is thereafter fully subject to the provisions of the Immigration and Nationality Act. Following the expiration of such limitations, the permanent resident alien may engage in any lawful activity, including employment, anywhere in the United States. ```(3)(A) Except as provided in subparagraph (B), paragraphs (1) and (2) shall take effect after the expiration of the 3-month period beginning on the date of the enactment of the United States- Commonwealth of the Northern Marianas Human Dignity Act. ```(B) With respect to an alien who, as of the last day of the 3- month period beginning on the date of the enactment of the United States-Commonwealth of the Northern Marianas Human Dignity Act, is authorized by the Government of the Northern Mariana Islands (pursuant to the immigration laws of the Commonwealth of the Northern Mariana Islands) to enter into and remain temporarily in the Northern Mariana Islands in order to perform temporary service or labor in the Northern Mariana Islands (and any relatives of the alien if, authorized to accompany or follow to join the alien), paragraphs (1) and (2) shall apply to the alien beginning after the earlier of the following dates: ```(i) The date on which such authorization expires (such authorization not being subject to extension or renewal by the Government of the Northern Mariana Islands after the expiration of the 3-month period beginning on the date of the enactment of the United States-Commonwealth of the Northern Marianas Human Dignity Act). ```(ii) The date that is 2 years after the date of the enactment of the United States-Commonwealth of the Northern Marianas Human Dignity Act. ```(4) When deploying personnel to enforce the provisions of this section, the Attorney General shall coordinate with, and act in conjunction with, State and local law enforcement agencies to ensure that such deployment does not degrade or compromise the law enforcement capabilities and functions currently performed by immigration officers.'.''. SEC. 4. AUTHORITY OF CUSTOMS SERVICE TO BOARD SHIPS. Section 467 of the Tariff Act of 1930 (19 U.S.C. 1467) is amended by striking ``or the Virgin Islands,'' each place it appears and inserting ``, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands,''. SEC. 5. STUDY; REPORT. (a) Study.--A study shall be conducted of the extent of human rights violations and labor rights violations in the Northern Mariana Islands, including the use of forced or indentured labor, and any efforts being taken by the Government of the United States or the Government of the Northern Mariana Islands to address or prohibit such violations. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall transmit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the results of the study required by subsection (a). (c) Consultation.--Appropriate local government officials, law enforcement agencies, and nongovernmental organizations active in instituting and protecting human and labor rights may be consulted when conducting the study and preparing the report required by this section. SEC. 6. EFFECT ON OTHER LAW. The provisions of the amendments made by paragraph (1) of section 3 shall be in addition to, but shall not otherwise modify, the requirements of the Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.). SEC. 7. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act. (b) Immigration.-- (1) In general.--The amendment made by paragraph (2) of section 3 shall take effect after the expiration of the 3-month period beginning on the date of the enactment of this Act. (2) Exception.--With respect to an alien who, as of the last day of the 3-month period beginning on the date of the enactment of this Act, is authorized by the Government of the Northern Mariana Islands (pursuant to the immigration laws of the Commonwealth of the Northern Mariana Islands) to enter into and remain temporarily in the Northern Mariana Islands in order to perform temporary service or labor in the Northern Mariana Islands (and any relatives of the alien if, authorized to accompany or follow to join the alien), such amendment shall apply to the alien beginning after the earlier of the following dates: (A) The date on which such authorization expires (such authorization not being subject to extension or renewal by the Government of the Northern Mariana Islands after the expiration of the 3-month period beginning on the date of the enactment of this Act). (B) The date that is 2 years after the date of the enactment of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

United States-Commonwealth of the Northern Marianas Human Dignity Act - Amends Federal law to prohibit the affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless: (1) each worker producing such product was paid a minimum wage equal to or greater than a specified amount; (2) the product was manufactured in compliance with all Federal labor laws, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938; (3) the factory or other business producing the product has full-time employees in nonmanagerial positions who are U.S. citizens or nationals, aliens lawfully admitted into the United States for permanent residence, citizens of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, aliens admitted into the United States as refugees, or aliens granted asylum in the United States, in specified percentages; and (4) the factory or other business producing the product does not employ individuals under conditions of indentured servitude. (Sec. 3) Applies to the Northern Mariana Islands: (1) the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act (requires a minimum wage through December 31, 1999, of $3.55 per hour, adjusted semiannually thereafter in $.50 increments until it equals the minimum wage required by the Fair Labor Standards Act of 1938); and (2) the Immigration and Nationality Act. Prohibits any product of the Northern Mariana Islands from entering the customs territory of the United States duty-free or not subject to quota as a product of an insular possession unless specified requirements relating to fair labor practices and country of origin are met. Requires the President, for a two-year period, to deny an exporter duty-free and quota-free treatment if it is determined that such exporter has willfully falsified information regarding the country of origin of a product of the Northern Mariana Islands for which such treatment is claimed. (Sec. 4) Amends the Tariff Act of 1930 to authorize the inspection by the Customs Service of any vessel from a foreign port or from a place in any U.S. territory or possession arriving at a port or place in the Northern Mariana Islands (currently, the United States or the Virgin Islands) (Sec. 5) Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands, including any efforts being taken by the united States or the Government of the Northern Mariana Islands to address or prohibit such violations. Requires a report on the results of the study to specified congressional committees. (Sec. 8) Authorizes appropriations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Employment and Training Assistance Act''. SEC. 2. SPECIAL RULES FOR NATIONAL EMERGENCY GRANTS RELATED TO HURRICANE KATRINA. (a) Use of Grants for Projects Outside Disaster Area.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina may be used to provide disaster relief employment and other assistance under section 173(d)(1) of such Act (29 U.S.C. 2918(d)(1)) on projects that provide assistance in areas outside of the disaster area (as such term is defined in section 173(a)(2) of such Act). (b) Expanded Eligibility for Disaster Relief Employment.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 to address the effects of Hurricane Katrina may be used to provide disaster relief employment and other assistance under section 173(d)(1) of such Act, or public sector employment authorized under subsection (c) of this Act, to individuals who were unemployed at the time of the emergency or major disaster involved and to individuals who are without employment history, in addition to individuals described in section 173(d)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(d)(2)). (c) Authorization for General Public Sector Employment.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 to address the effects of Hurricane Katrina may be used to provide to eligible individuals temporary employment by public sector entities for a period not to exceed 6 months in addition to disaster relief employment described in section 173(d)(1) of such Act. (d) Extension of the Duration of Disaster Relief Employment.--The Secretary of Labor may extend the 6-month maximum duration of employment under this Act and under section 173(d) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(d)) for not more than an additional 6 months due to extraordinary circumstances. (e) Priority for Disaster Relief Employment Funds.--In awarding national emergency grants to States under section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina by providing disaster relief employment, the Secretary of Labor shall-- (1) first, give priority to States in which areas that have suffered major disasters (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) are located; and (2) second, give priority to the remaining States that have been most heavily impacted by the demand for services by workers affected by Hurricane Katrina. (f) Documentation.--In providing disaster relief employment under section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)), an entity shall not deny such employment to a worker affected by Hurricane Katrina because of the worker's inability, due to the effects of Hurricane Katrina, to provide at the time of application appropriate documentation of eligibility under section 173(d)(2) of such Act (29 U.S.C. 2918(d)(2)). (g) Eligibility for Needs-Related Payments.--Funds provided to States that submit applications for asisstance described in section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina may be used to provide needs-related payments (described in section 134(e)(3) of such Act (29 U.S.C. 2864(e)(3))) to individuals described in subsection (b) who do not qualify for (or have ceased to qualify for) unemployment compensation, and who are not employed on a project described under section 173(d) of such Act, for the purpose of enabling such individuals to participate in activities described in paragraphs (2), (3), or (4) of section 134(d) of such Act. (h) Use of Available Funds.--With the approval of the Secretary of Labor, any State may use funds that remain available for expenditure under any grants awarded to the State under section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) or under this section, to provide any assistance authorized under such section 173 or this section, or personal protective equipment not otherwise available through public funds or private contributions, to assist workers affected by Hurricane Katrina, including workers who have relocated from areas for which an emergency or major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) was declared, due to the effects of Hurricane Katrina. (i) Expanded Eligibility for Employment and Training Activities.-- (1) In general.--In awarding national emergency grants under section 173(a)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(1)), the Secretary may award such a grant to an entity to provide employment and training assistance available under section 173(a)(1) of such Act to workers affected by Hurricane Katrina, including workers who have relocated from areas for which an emergency or major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) was declared, due to the effects of Hurricane Katrina. (2) Eligible entity.--In this subsection, the term ``entity'' means a State, a local board (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), or an entity described in section 166(c) of such Act (29 U.S.C. 2911(c)), that submits an application for assistance described in section 173(a)(1) of the Workforce Investment Act of 1998 to address the effects of Hurricane Katrina. SEC. 3. SENSE OF CONGRESS. (a) Mobile One-Stop Centers.--It is the sense of Congress that States that operate mobile one-stop centers, established as part of one-stop delivery systems authorized under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) should, where possible, make such centers available for use in the areas affected by Hurricane Katrina, and areas where large numbers of workers affected by Hurricane Katrina have been relocated. (b) Expanded Operational Hours.--It is the sense of Congress that one-stop operators (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) should increase access for workers affected by Hurricane Katrina to the one-stop delivery systems authorized under subtitle B of title I of such Act, including through the implementation of expanded operational hours at one-stop centers and on-site services for individuals in temporary housing locations.

Hurricane Katrina Employment and Training Assistance Act - Allows national emergency grant funds to states under the Workforce Investment Act of 1998 (WIA) for addressing the effects of Hurricane Katrina (HK) to be used to provide disaster relief employment on projects that provide assistance in areas outside of the HK-disaster area. Allows such funds to be used to provide disaster relief employment and other WIA assistance, or temporary general public sector employment, to HK-affected individuals, including those who have relocated from states in the disaster area, who were unemployed at the time of the disaster, or who are without employment history, in addition those who meet WIA eligibility requirements. Limits such general public sector employment to not more than six months in addition to such disaster relief employment. Authorizes the Secretary of Labor, however, to extend the duration of employment under this Act and WIA for up to an additional six months due to extraordinary circumstances. Directs the Secretary, in awarding WIA national emergency grants for disaster relief employment, to give priority: (1) first, to states with major disaster areas; and (2) second, to the remaining states that have been most heavily impacted by the demand for services by HK-affected workers. Prohibits an entity that is providing such disaster relief employment from denying such employment because of an HK-affected worker's inability, due to HK's effects, to provide documentation of eligibility. Allows any state, with the Secretary's approval, to use available WIA national emergency grant funds to assist HK-affected workers, including those who have relocated from states in the HK-disaster area. Authorizes the Secretary to award a WIA national emergency grant for employment and training assistance (ETA) for dislocated workers to an eligible entity to provide ETA to HK-affected workers, including workers who have relocated from HK-disaster areas. (Sec. 3) Expresses the sense of Congress that: (1) states operating one-stop centers should make them available for use in HK-affected areas and areas where large numbers of HK's victims have been relocated; and (2) one-stop operators should increase access for HK-affected individuals, including through expanded operational hours and on-site services for those in temporary housing locations.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Green Jobs and Infrastructure Act of 2009''. (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 Secretary. TITLE I--CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM Sec. 101. Clean technology manufacturing incentive program. TITLE II--ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM Sec. 201. Advanced technology vehicles manufacturing incentive program. TITLE III--ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS Sec. 301. Energy efficiency and conservation block grants. TITLE IV--GREEN ENERGY JOBS Sec. 401. Clean Energy Service Corps. Sec. 402. Green jobs. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Energy. TITLE I--CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM SEC. 101. CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM. (a) Loans.--The Secretary shall provide loans to manufacturers to help finance the cost of-- (1) reequipping, expanding, or establishing (including applicable engineering costs) a manufacturing facility in the United States to produce clean technology products and the significant component parts of those products, including-- (A) wind turbines; (B) solar energy products; (C) fuel cells; (D) advanced batteries and storage devices; (E) biomass engines; (F) geothermal equipment; (G) ocean energy equipment; (H) carbon capture and storage; (I) energy efficiency products, including appliances and products that are used to increase energy efficiency by at least 30 percent over a baseline product (and significant components of the appliances and products), subject to the condition that the parts shall be integral to the overall efficiency of the end product; and (J) products for retrofitting a manufacturing facility to improve industrial processes and create greater energy efficiency through the use of technologies, including-- (i) combined heat and power systems; (ii) natural gas pressure recovery; (iii) advanced cogeneration; (iv) gasification; (v) anaerobic digestion; and (vi) landfill gas recovery; and (2) improving the energy-efficiency of the industrial processes of the manufacturers other than through the production of products and component parts described in paragraph (1)(J). (b) Period of Availability.--A loan under subsection (a) shall apply to-- (1) facilities and equipment placed in service before December 30, 2012; and (2) clean technology retooling costs, retrofitting costs, worker training costs, and other costs described in subsection (a) incurred during the period beginning on the date of enactment of this Act and ending on December 30, 2020. (c) Direct Loan Program.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, subject to the availability of appropriated funds, the Secretary shall carry out a program to provide a total of not more than $50,000,000,000 in loans to eligible individuals and entities (as determined by the Secretary) for the costs of activities described in subsection (a). (2) Application.--An applicant for a loan under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a written assurance that the wages and benefits that will be provided to each individual that is employed by the applicant (including a contractor or subcontractor) in carrying out activities described in subsection (a) are at least equal to the average in the area, as determined by the Secretary. (3) Selection of eligible projects.--The Secretary shall select eligible projects to receive loans under this subsection in cases in which, as determined by the Secretary, the loan recipient-- (A) has a viable market for the product or component described in subsection (a); (B) will provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is expended efficiently and effectively; (C) will provide such information as the Secretary may request to demonstrate that the qualified investment will preserve or create jobs; and (D) has met such other criteria as may be established and published by the Secretary. (4) Rates, terms, and repayment of loans.--A loan provided under this subsection-- (A) shall have an interest rate that, as of the date on which the loan is made, is equal to the cost of funds to the Department of the Treasury for obligations of comparable maturity; (B) shall have a term equal to the lesser of-- (i) the projected life, in years, of the eligible project to be carried out using funds from the loan, as determined by the Secretary; and (ii) 25 years; (C) may be subject to a deferral in repayment for not more than 5 years after the date on which the eligible project carried out using funds from the loan first begins operations, as determined by the Secretary; (D) shall be made by the Federal Financing Bank; and (E) shall be repaid in full if the loan recipient moves production of activities described in subsection (a) outside of the United States during the term of the loan. (5) Fees.--Administrative costs shall be no more than $100,000 or 10 basis point of the loan. (d) Priority.--In making loans to manufacturers under this section, the Secretary-- (1) shall give priority to those facilities that are located in regions with the highest unemployment rates; and (2) may provide awards or loan to facilities that are idle. (e) Manufacturing Extension Partnership Program.--In carrying out this section, the Secretary shall coordinate with the Secretary of Commerce in carrying out the Manufacturing Extension Partnership program established under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k, 278l). (f) Funding.-- (1) In general.--Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this Act, on October 1, 2009, and on each October 1 thereafter through October 1, 2012, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary for the cost of loans and loan guarantees to carry out this section such sums as are necessary to provide the amount of loans authorized under subsection (c)(1), to remain available until expended. (2) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. TITLE II--ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM SEC. 201. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM. Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended-- (1) in subsection (b), by striking ``30 percent'' and inserting ``80 percent''; and (2) in subsection (i)-- (A) by striking ``(i) Authorization of Appropriations.--There'' and inserting the following: ``(i) Funding.-- ``(1) Authorization of appropriations.--There''; and (B) by adding at the end the following: ``(2) Mandatory funding.-- ``(A) In general.--Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this paragraph, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary for the cost of awards and loans to carry out this section $1,000,000,000, to remain available until expended. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under subparagraph (A), without further appropriation.''. TITLE III--ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS SEC. 301. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS. Section 548 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17158) is amended by striking subsection (a) and inserting the following: ``(a) Mandatory Funding.-- ``(1) In general.--Not later than 30 days after the date of enactment of the Green Jobs and Infrastructure Act of 2009, on October 1, 2009, and on each October 1 thereafter through October 1, 2011, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out the program $10,000,000,000, to remain available until expended. ``(2) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out the program the funds transferred under paragraph (1), without further appropriation. ``(3) Allocation of grants funds.--Of the amount of funds made available for grants under the program for a fiscal year under this subsection-- ``(A) 49 percent of the amount shall be distributed using the definition of eligible unit of local government-alternative 1 in section 541(3)(A); and ``(B) 49 percent of the amount shall be distributed using the definition of eligible unit of local government-alternative 2 in section 541(3)(B).''. TITLE IV--GREEN ENERGY JOBS SEC. 401. CLEAN ENERGY SERVICE CORPS. Section 122(a) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)) is amended-- (1) by redesignating paragraph (15) as paragraph (16); and (2) by inserting after paragraph (14) the following: ``(15) A Clean Energy Service Corps program in which-- ``(A) participants-- ``(i) encourage or promote clean energy technologies; or ``(ii) enable communities and nonprofit organizations to assist business owners and households in matters relating to clean energy technologies, and in becoming more energy efficient; and ``(B) priority is provided for programs that enroll corps participants who will be trained for careers that promote a sustainable economy.''. SEC. 402. GREEN JOBS. Section 171(e)(8) of the Workforce Investment Act of 1998 (29 U.S.C. 2916(e)(8)) is amended-- (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately; and (2) by striking ``(8)'' and all that follows through ``of which--'' and inserting the following: ``(8) Funding.-- ``(A) Mandatory funding.-- ``(i) In general.--Not later than 30 days after the date of enactment of the Green Jobs and Infrastructure Act of 2009, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $625,000,000, to remain available until expended. ``(ii) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under clause (i), without further appropriation. ``(B) Discretionary funding.--There is authorized to be appropriated to carry out this subsection $125,000,000 for fiscal year 2010 and each subsequent fiscal year. ``(C) Allocation.--Of the amount available under subparagraph (A) or (B) for a fiscal year--''.

Green Jobs and Infrastructure Act of 2009 - Requires the Secretary of Energy (Secretary) to provide loans to manufacturers to help finance the cost of: (1) re-equipping, expanding, or establishing (including applicable engineering costs) a manufacturing facility in the United States to produce clean technology products and the significant component parts of those products; and (2) improving the energy efficiency of the industrial processes of the manufacturers other than through the production of products and component parts. Applies such loans to: (1) facilities and equipment placed in service before December 30, 2012; and (2) costs that were incurred from this Act's enactment to December 30, 2020. Requires the Secretary to: (1) implement a program to provide up to $50 billion in loans to eligible individuals and entities for such costs; and (2) give priority to those facilities that are located in regions with the highest unemployment rates. Authorizes the Secretary to provide awards or loans to facilities that are idle. Amends the Energy Independence and Security Act of 2007 to: (1) increase from 30% to 80% the portion of the manufacturing facility and engineering integration costs to be awarded under the advanced technology vehicles manufacturing incentive program; (2) require the Secretary of the Treasury to transfer $1 billion to carry out such program; and (3) require the Secretary of the Treasury to transfer $10 billion on October 1 of 2009, 2010, and 2011 to carry out the Energy Efficiency and Conservation Block Grants program (specifies how such funds are to be allocated). Amends the National and Community Service Act of 1990 to include a Clean Energy Service Corps program among the types of national service programs eligible for assistance under such Act. Amends the Workforce Investment Act to require the Secretary of the Treasury to transfer $625 million to carry out the energy efficiency and renewable energy worker training program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fire Sprinkler Incentive Act of 2004''. SEC. 2. FINDINGS. The Congress finds that-- (1) since the publication of the original study and comprehensive list of recommendations in America Burning, written in 1974, requested advances in fire prevention through the installation of automatic sprinkler systems in existing buildings have yet to be fully implemented; (2) fire departments responded to approximately 1,700,000 fires in 2001; (3) there were 3,745 non-terrorist related deaths in the United States and almost 21,000 civilian injuries resulting from fire in 2001; (4) 99 firefighters were killed in 2001, excluding the terrorist acts on September 11th; (5) fire caused $8,900,000,000 in direct property damage in 2001, and sprinklers are responsible for a 43 to 70 percent reduction in property damage from fires in public assembly, educational, residential, commercial, industrial and manufacturing buildings; (6) fire departments respond to a fire every 18 seconds, a fire breaks out in a structure every 60 seconds and in a residential structure every 80 seconds in the United States; (7) the Station Nightclub in West Warwick, Rhode Island, did not contain an automated sprinkler system and burned down, killing 99 people on February 20, 2003; (8) due to an automated sprinkler system, not a single person was injured from a fire beginning in the Fine Line Music Cafe in Minneapolis after the use of pyrotechnics on February 17, 2003; (9) the National Fire Protection Association has no record of a fire killing more than 2 people in a completely sprinklered public assembly, educational, institutional or residential building where the system was properly installed and fully operational; (10) sprinkler systems dramatically improve the chances of survival of those who cannot save themselves, specifically older adults, young children and people with disabilities; (11) the financial cost of upgrading fire counter measures in buildings built prior to fire safety codes is prohibitive for most property owners; (12) many State and local governments lack any requirements for new structures to contain automatic sprinkler systems; (13) under the present straight-line method of depreciation, there is a disincentive for building safety improvements due to an extremely low rate of return on investment; and (14) the Nation is in need of incentives for the voluntary installation and retrofitting of buildings with automated sprinkler systems to save the lives of countless individuals and responding firefighters as well as drastically reduce the costs from property damage. SEC. 3. CLASSIFICATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS. (a) In General.--Subparagraph (B) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 5-year property) is amended by striking ``and'' at the end of clause (V), by striking the period at the end of clause (vi) and inserting ``, and '', and by adding at the end the following: ``(vii) any automatic fire sprinkler system placed in service after the date of the enactment of this clause in a building structure which was placed in service before such date of enactment.''. (b) Alternative Sysem.--The table contained in section 168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by inserting after the third item the following: ``(B)(vii).................................................. 7''. (c) Definition of Automatic Fire Sprinkler System.--Subsection (i) of section 168 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(15) Automated fire sprinkler system.--The term `automated fire sprinkler system' means those sprinkler systems classified under one or more of the following publications of the National Fire Protection Association-- ``(A) NFPA 13, Installation of Sprinkler Systems, ``(B) NFPA 13 D, Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes, and ``(C) NFPA 13 R, Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Fire Sprinkler Incentive Act of 2004 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. .

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SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``S Corporation Investment Act of 1995''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. S CORPORATIONS PERMITTED TO HAVE 40 SHAREHOLDERS. Subparagraph (A) of section 1361(b)(1) (defining small business corporation) is amended by striking ``35 shareholders'' and inserting ``40 shareholders''. SEC. 3. MEMBERS OF FAMILY TREATED AS 1 SHAREHOLDER. Paragraph (1) of section 1361(c) (relating to special rules for applying subsection (b)) is amended to read as follows: ``(1) Members of family treated as 1 shareholder.-- ``(A) In general.--For purposes of subsection (b)(1)(A)-- ``(i) except as provided in clause (ii), a husband and wife (and their estates) shall be treated as 1 shareholder, and ``(ii) in the case of a family with respect to which an election is in effect under subparagraph (E), all members of the family shall be treated as 1 shareholder. ``(B) Members of the family.--For purposes of subparagraph (A)(ii), the term `members of the family' means the lineal descendants of the common ancestor and the spouses (or former spouses) of such lineal descendants or common ancestor. ``(C) Common ancestor.--For purposes of this paragraph, an individual shall not be considered a common ancestor if, as of the later of the effective date of this paragraph or the time the election under section 1362(a) is made, the individual is more than 4 generations removed from the youngest generation of shareholders. ``(D) Effect of adoption, etc.--In determining whether any relationship specified in subparagraph (B) or (C) exists, the rules of section 152(b)(2) shall apply. ``(E) Election.--An election under subparagraph (A)(ii)-- ``(i) must be made with the consent of all shareholders, ``(ii) shall remain in effect until terminated, and ``(iii) shall apply only with respect to 1 family in any corporation.'' SEC. 4. INCREASE IN PASSIVE INCOME PERMITTED. (a) Termination Provision.--Paragraph (3) of section 1362(d) (relating to termination) is amended by striking ``25 percent'' in the heading and in subparagraph (A)(i) and inserting ``40 percent''. (b) Tax on Former C Corporations.-- (1) Subsections (a)(2) and (b)(1)(A)(i) of section 1375 (relating to tax imposed when passive investment income of corporation having subchapter C earnings and profits exceeds 25 percent of gross receipts) are each amended by striking ``25 percent'' and inserting ``40 percent''. (2) The heading of section 1375 is amended by striking ``25 percent'' and inserting ``40 percent''. (3) The table of sections for part III of subchapter S of chapter 1 is amended by striking ``25 percent'' and inserting ``40 percent'' in the item relating to section 1375. SEC. 5. REINVESTMENT RESERVE. (a) In General.--Part III of subchapter S of chapter 1 (relating to special rules) is amended by adding at the end the following new section: ``SEC. 1376. REINVESTMENT RESERVE. ``(a) In General.--In the case of an S corporation, at the election of such corporation, there shall be allowed as a deduction for the taxable year an amount equal to the payments made by the corporation during such taxable year to a reinvestment reserve. ``(b) Limitation.--The amount which an S corporation may pay into its reinvestment reserve for any taxable year shall not exceed an amount equal to 3 percent of its taxable income (determined without regard to this section) for such taxable year. ``(c) Reinvestment Reserve.-- ``(1) In general.--Each S corporation which elects the application of this section shall establish a reinvestment reserve. ``(2) No tax on reserve earnings.--Earnings (including gains and losses) from the investment of amounts in the reserve shall not be taken into account under this title. ``(3) Use of reserve.--The reinvestment reserve shall be used exclusively for the acquisition, construction, reconstruction, or erection of tangible property to which section 168 applies for use in the active conduct of a trade or business of the S corporation. ``(4) Contributions to reserve.--The reinvestment reserve shall not accept any payments (or other amounts) other than payments with respect to which a deduction is allowable under subsection (a). ``(5) Distributions from reserve.--There shall be includible in the gross income of the S corporation for any taxable year any amount distributed from the reinvestment reserve during such taxable year. ``(6) Treatment of amounts not withdrawn within 3 years.-- ``(A) In general.--Any amount not withdrawn from the reinvestment reserve within the 3-year period beginning on the date of its deposit shall be treated as distributed as of the close of such period. ``(B) Deemed distributions taxed at highest marginal rate.--If any amount is treated under subparagraph (A) as distributed during any taxable year-- ``(i) such amount shall be excluded from the gross income of the corporation, and ``(ii) there is hereby imposed on such amount a tax equal to the product of such amount and the highest rate of tax specified in section 1. ``(C) Certain rules to apply.--Rules similar to the rules of subparagraphs (B) and (C) of paragraphs (5) and (6) of section 7518(g) shall apply for purposes of this paragraph. ``(d) Time When Payments Deemed Made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to the reinvestment reserve on the last day of a taxable year if such payment is made on account of such taxable year and is made with 2\1/2\ months after the close of such taxable year.'' (b) Clerical Amendment.--The table of sections for part III of subchapter S of chapter 1 is amended by adding at the end the following new section: ``Sec. 1376. Reinvestment reserve.'' SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act.

S Corporation Investment Act of 1995 - Amends the Internal Revenue Code to permit small business corporations to have not more than 40 (currently, not more than 35) shareholders, treating members of a family (currently, a husband and wife) as one shareholder. Terminates a small business corporation's election to be an S corporation when passive investment income exceeds 40 (currently, 25) percent of gross receipts for three consecutive years and other requirements are met. Imposes a tax when an S corporation has C earnings and profits and has gross receipts more than 40 (currently, 25) percent of which are passive investment income. Allows S corporations to elect to deduct payments to a reinvestment reserve.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Liability Reform for Volunteer Services Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the increasingly litigious nature of the legal profession in the United States has created an unnecessary and ultimately harmful barrier between the traditional desire of individuals to help other individuals and their ability to act on those desires; (2) the cost of lawsuits, excessive, unpredictable, and often arbitrary damage awards, and unfair allocations of liability have a direct and chilling effect on the spirit of volunteerism and the provision of charitable service in the United States; (3) arbitrary and capricious damage awards against volunteers and charitable institutions have contributed considerably to the high cost of liability insurance, making it difficult and often impossible for volunteers and volunteer service organizations to be protected from liability as those volunteers and many volunteer service organizations serve the public without regard to receiving any personal or institutional economic benefits from that service; (4) as a result, volunteer service organizations throughout the United States have been adversely affected and often debilitated as volunteers have refused to help because of a fear of frivolous lawsuits; (5) without a resurgence in volunteerism, the essential services that volunteer service organizations provide, including crisis counseling, volunteer rescue services, coaches and referees for sports activities of children, and support for the elderly, will continue to diminish; (6) clarifying and limiting the personal liability risks assumed by individuals and institutions who volunteer to help others without benefit to themselves is an appropriate subject for Federal legislation because-- (A) of the national scope of the problems created by the legitimate fears of volunteers about frivolous, arbitrary, or capricious lawsuits; and (B) the citizens of the United States depend on, and the Federal Government expends funds on, numerous social programs that depend on the services of volunteers; and (C) it is in the interest of the Federal Government to encourage the continued operation of volunteer service organizations and contributions of volunteers because the Federal Government lacks the capacity to carry out all of the services provided by such organizations and volunteers; and (7) liability reform for volunteer service organizations will promote the free flow of goods and services, lessen burdens on interstate commerce and uphold constitutionally protected due process rights and that liability reform is thus an appropriate use of the powers contained in article I, section 8, clause 3 of the United States Constitution, and the fourteenth amendment to the United States Constitution. (b) Purposes.--The purposes of this Act are to provide protection from personal financial liability for volunteers and volunteer service organizations that provide volunteer services that are conducted in good faith-- (1) to promote the interests of social service program beneficiaries and taxpayers; and (2) to sustain the availability of programs, volunteer service organizations, and governmental entities that depend on volunteer contributions and services; and (3) to provide the protection by-- (A) placing reasonable limits on punitive damages; (B) ensuring the fair allocation of liability in certain civil actions; and (C) establishing greater fairness, rationality, and predictability in the civil justice system of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Claimant.-- (A) In general.--The term ``claimant'' means any person who asserts a claim for damages in an action covered by this Act and any person on whose behalf such a claim is asserted. (B) Claimants for certain claims.--If a claim described in subparagraph (A) is asserted through or on behalf of-- (i) an estate, the term includes the claimant's decedent; or (ii) a minor or incompetent, the term includes the claimant's legal guardian. (2) Clear and convincing evidence.-- (A) In general.--The term ``clear and convincing evidence'' is that measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. (B) Degree of proof.--The degree of proof required to satisfy the standard of clear and convincing evidence shall be-- (i) greater than the degree of proof required to meet the standard of preponderance of the evidence; and (ii) less than the degree of proof required to meet the standard of proof beyond a reasonable doubt. (3) Compensatory damages.--The term ``compensatory damages'' means damages awarded for economic and noneconomic loss. (4) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (5) Harm.--The term ``harm'' means-- (A) any physical injury, illness, disease, or death; (B) damage to property; or (C) economic loss, including any direct or consequential economic loss. (6) Health care provider.--The term ``health care provider'' means any person, organization, or institution that-- (A) is engaged in the delivery of health care services in a State; and (B) is required by the applicable laws (including regulations) of a State to be licensed, registered, or certified by the State to engage in the delivery of health care services in the State. (7) Noneconomic loss.--The term ``noneconomic loss'' means subjective, nonmonetary loss resulting from harm, including pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, and humiliation. (8) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity (including any governmental entity). (9) Punitive damages.--The term ``punitive damages'' means damages awarded against any person to punish or deter that person or any other person, from engaging in similar behavior in the future. (10) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States or any political subdivision of any of the foregoing. (11) Volunteer service organization.--The term ``volunteer service organization'' means a not-for-profit organization (other than a health care provider) organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (12) Volunteer services.--The term ``volunteer services'' means services provided, in good faith, without compensation or other pecuniary benefit (other than reimbursement of expenses incurred in providing such services) inuring to the benefit of the service provider or any other person (other than the recipient of the volunteer service), and within the scope of the official functions and duties of the service provider with a volunteer service organization or governmental entity. SEC. 4. APPLICABILITY. (a) In General.-- (1) Covered claims.--Subject to paragraph (2), this Act governs any claim for damages in any civil action brought in any State or Federal court in any case in which the claim relates to-- (A) volunteer services performed by the defendant for a governmental entity or a volunteer service organization; or (B) activities or services performed by a volunteer service organization. (2) Actions excluded.--The limitations on damages contained in this Act shall not apply in any action described in subparagraph (A) or (B) of paragraph (1) in any case in which-- (A) the misconduct for which damages are awarded -- (i) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or an act of international terrorism (as that term is defined in section 2331(1) of title 18, United States Code) for which the defendant has been convicted in any court; (ii) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)) for which the defendant has been convicted in any court; (iii) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; or (iv) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law for which the defendant has been convicted in any court; or (B) the defendant was found to be under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug, at the time of the misconduct for which damages are awarded and such influence was a proximate cause of the harm that is the subject of the action. (b) Relationship to State Law.--This Act supersedes State law only to the extent that State law applies to an issue covered by this Act. Any issue (including any standard of liability) that is not governed by this Act shall be governed by otherwise applicable State or Federal law. (c) Effect on Other Law.--Nothing in this Act shall be construed to-- (1) waive or affect any defense of sovereign immunity asserted by any State under any law; (2) supersede or alter any other Federal law; (3) waive or affect any defense of sovereign immunity asserted by the United States; (4) affect the applicability of any provision of chapter 97 of title 28, United States Code; (5) preempt State choice-of-law rules with respect to claims brought by a foreign nation or a citizen of a foreign nation; (6) affect the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or of a citizen of a foreign nation on the ground of inconvenient forum; or (7) supersede or modify any statutory or common law, including any law providing for an action to abate a nuisance, that authorizes a person to institute an action for civil damages or civil penalties, cleanup costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief for remediation of the environment (as defined in section 101(8) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(8)). SEC. 5. UNIFORM STANDARD FOR AWARD OF PUNITIVE DAMAGES. Punitive damages may, to the extent permitted by applicable State or Federal law, be awarded against a defendant if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action in any civil action for a claim described in subparagraph (A) or (B) of section 4(a)(1). SEC. 6. LIMITATION ON THE AMOUNT OF PUNITIVE DAMAGES. The amount of punitive damages that may be awarded in an action described in section 5 shall not exceed the lesser of-- (1) twice the sum of the amounts awarded to the claimant for economic loss and noneconomic loss; or (2) $250,000. SEC. 7. PREEMPTION. (a) In General.--This Act does not-- (1) create a cause of action for punitive or compensatory damages; or (2) preempt or supersede any State or Federal law to the extent that such law further limits the amount of an award of punitive or compensatory damages. (b) Remittitur.--Nothing in this section shall modify or reduce the ability of courts to grant a remittitur. SEC. 8. APPLICATION BY COURT. The application of the limitation imposed by section 6 may not be disclosed to a jury by a court. Nothing in this section authorizes the court to enter an award of punitive damages in excess of the initial award of punitive damages awarded by a jury. SEC. 9. BIFURCATION AT REQUEST OF ANY PARTY. (a) In General.--At the request of any party the trier of fact, in any action for punitive damages that is subject to this Act, shall consider in a separate proceeding, held subsequent to the determination of the amount of compensatory damages, whether punitive damages are to be awarded for the harm that is the subject of the action and the amount of the award. (b) Inadmissibility of Evidence Relevant Only to a Claim of Punitive Damages in a Proceeding Concerning Compensatory Damages.--If any party requests a separate proceeding under subsection (a), in a proceeding to determine whether the claimant may be awarded compensatory damages, any evidence, argument, or contention that is relevant only to the claim of punitive damages, as determined by applicable State law, shall be inadmissible. SEC. 10. LIABILITY FOR COMPENSATORY DAMAGES. (a) General Rule.--In any action described in subparagraph (A) or (B) of section 4(a)(1) brought against more than one defendant, the liability of each defendant for compensatory damages shall be determined in accordance with this section. (b) Amount of Liability for Compensatory Damages.-- (1) In general.--Each defendant shall be liable only for the amount of compensatory damages allocated by the trier of fact to the defendant in direct proportion to the percentage of responsibility of the defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which the defendant is found to be liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to the preceding sentence. (2) Percentage of responsibility.--For purposes of determining the amount of compensatory damages allocated to a defendant under this section, the trier of fact in an action described in subsection (a) shall determine the percentage of responsibility of each person responsible for the harm to the claimant, without regard to whether that person is party to the action.

Liability Reform for Volunteer Services Act - Applies provisions of this Act to claims for damages in any Federal or State court civil action relating to: (1) volunteer services performed by the defendant for either a governmental entity or a volunteer service organization; or (2) activities or services performed by a volunteer service organization. Allows punitive damages to be awarded against such a defendant if the claimant establishes by clear and convincing evidence that the defendant's conduct exhibited a conscious, flagrant indifference to the rights or safety of others and was the proximate cause of the harm that is the subject of the action. Limits the amount of punitive damages to the lesser of: (1) twice the sum of the amounts awarded for economic and noneconomic loss; or (2) $250,000. States that this Act does not create a cause of action or preempt or supersede any Federal or State law that further limits the amount of awards for punitive or compensatory damages in such a cause of action. Prohibits the disclosure to a jury of the punitive damages limitations of this Act. Requires, at the request of any party, the question of punitive damages to be considered in a separate proceeding after the determination of compensatory damages. Prohibits the admission of evidence concerning punitive damages during a separate action considering only compensatory damages. Requires, in an action brought against more than one defendant, each defendant to be liable only for the amount of compensatory damages allocated to that defendant by the trier of fact in direct proportion to the percentage of responsibility for the harm for which the defendant is found liable. Requires a separate judgment against each defendant in such cases.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Cloning Ban and Stem Cell Research Protection Act of 2005''. SEC. 2. PURPOSES. It is the purpose of this Act to prohibit human cloning and to protect important areas of medical research, including stem cell research. TITLE I--PROHIBITION ON HUMAN CLONING SEC. 101. PROHIBITION ON HUMAN CLONING. (a) In General.--The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended by adding at the end the following: ``CHAPTER X--PROHIBITION ON HUMAN CLONING ``SEC. 1001. PROHIBITION ON HUMAN CLONING. ``(a) Definitions.--In this section: ``(1) Human cloning.--The term `human cloning' means implanting or attempting to implant the product of nuclear transplantation into a uterus or the functional equivalent of a uterus. ``(2) Human somatic cell.--The term `human somatic cell' means any human cell other than a haploid germ cell. ``(3) Nuclear transplantation.--The term `nuclear transplantation' means transferring the nucleus of a human somatic cell into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert. ``(4) Nucleus.--The term `nucleus' means the cell structure that houses the chromosomes. ``(5) Oocyte.--The term `oocyte' means the female germ cell, the egg. ``(6) Unfertilized blastocyst.--The term `unfertilized blastocyst' means an intact cellular structure that is the product of nuclear transplantation. Such term shall not be construed to include any biological product derived from an intact cellular structure that is the product of nuclear transplantation, including stem cells, other cells, and cellular structures. ``(b) Prohibitions on Human Cloning.--It shall be unlawful for any person or other legal entity, public or private-- ``(1) to conduct or attempt to conduct human cloning; ``(2) to ship the product of nuclear transplantation in interstate or foreign commerce for the purpose of human cloning in the United States or elsewhere; or ``(3) to export to a foreign country an unfertilized blastocyst if such country does not prohibit human cloning. ``(c) Protection of Research.--Nothing in this section shall be construed to restrict practices not expressly prohibited in this section. ``(d) Right of Action.--Nothing in this section shall be construed to give any individual or person a private right of action.''. (b) Prohibited Acts.-- (1) In general.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(hh) The violation of paragraph (1), (2), or (3) of section 1001(b) (relating to human cloning).''. (2) Criminal penalties.--Section 303(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by adding at the end the following: ``(7) Notwithstanding subsection (a), any person who violates section 301(hh) shall be imprisoned not more than 10 years and fined in accordance with title 18, United States Code, or both.''. (3) Civil penalties.--Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end: ``(g)(1) Any person who violates section 301(hh) shall be liable to the United States for a civil penalty in an amount not to exceed the greater of-- ``(A) $10,000,000; or ``(B) an amount equal to three times the amount of the gross pecuniary gain resulting from the violation. ``(2) Paragraphs (3) through (5) of subsection (f) apply with respect to a civil penalty under this subsection to the same extent and in the same manner as such paragraphs (3) through (5) apply with respect to a civil penalty under subsection (f).''. (4) Forfeiture.--Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333), as amended by paragraph (3), is amended by adding at the end the following: ``(h) Any property, real or personal, derived from or used to commit a violation or attempted violation of section 301(hh), or any property traceable to such property, shall be subject to forfeiture to the United States in accordance with the procedures set forth in chapter 46 of title 18, United States Code.''. SEC. 102. OVERSIGHT REPORTS ON ACTIONS TO ENFORCE CERTAIN PROHIBITIONS. (a) Report on Actions by Secretary of HHS to Enforce Prohibition on Human Cloning.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) describes the actions taken by the Secretary to enforce the provisions of chapter X of the Federal Food, Drug, and Cosmetic Act (as added by section 101); (2) describes the personnel and resources the Secretary has utilized to enforce the provisions of such chapter; and (3) contains a list of violations, if any, of the provisions of such chapter. (b) Report on Coordination of Enforcement Actions Among Federal, State, and Local Governments With Respect to Human Cloning.-- (1) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (A) describes how the Secretary coordinates the enforcement of violations of section 301(hh) of the Federal Food, Drug, and Cosmetic Act (as added by section 101) with enforcement actions taken by State or local government law enforcement officials with respect to similar State laws relating to human cloning; and (B) describes the status and disposition of-- (i) Federal appellate litigation with respect to such section 301(hh) and State appellate litigation with respect to similar State laws relating to human cloning; and (ii) civil litigation, including actions to appoint guardians, related to human cloning. (2) Definition.--In this subsection, the term ``similar State law relating to human cloning'' means a State or local law that provides for the imposition of criminal penalties on individuals who are determined to be conducting or attempting to conduct human cloning (as defined in section 1001 of the Federal Food, Drug, and Cosmetic Act (as added by section 101)). (c) Report on International Laws Relating to Human Cloning.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall prepare and submit to the Congress a report that-- (1) describes the laws adopted by foreign countries related to human cloning; (2) describes the actions taken by the chief law enforcement officer in each foreign country that has enacted a law described in paragraph (1) to enforce such law; and (3) describes the multilateral efforts of the United Nations and elsewhere to ban human cloning. TITLE II--ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH SEC. 201. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH. Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``PART J--ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH ``SEC. 499A. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH, INCLUDING INFORMED CONSENT, INSTITUTIONAL REVIEW BOARD REVIEW, AND PROTECTION FOR SAFETY AND PRIVACY. ``(a) Definitions.-- ``(1) In general.--The definitions contained in section 1001(a) of the Federal Food, Drug, and Cosmetic Act shall apply for purposes of this section. ``(2) Other definitions.--In this section: ``(A) Donating.--The term `donating' means giving without receiving valuable consideration. ``(B) Fertilization.--The term `fertilization' means the fusion of an oocyte containing a haploid nucleus with a male gamete (sperm cell). ``(C) Valuable consideration.--The term `valuable consideration' does not include reasonable payments-- ``(i) associated with the transportation, processing, preservation, or storage of a human oocyte or of the product of nuclear transplantation research; or ``(ii) to compensate a donor of one or more human oocytes for the time or inconvenience associated with such donation. ``(b) Applicability of Federal Ethical Standards to Nuclear Transplantation Research.--Research involving nuclear transplantation shall be conducted in accordance with subpart A of part 46 of title 45, or parts 50 and 56 of title 21, Code of Federal Regulations (as in effect on the date of the enactment of the Human Cloning Ban and Stem Cell Research Protection Act of 2005), as applicable. ``(c) Prohibition on Conducting Nuclear Transplantation on Fertilized Eggs.--A somatic cell nucleus shall not be transplanted into a human oocyte that has undergone or will undergo fertilization. ``(d) Fourteen-Day Rule.--An unfertilized blastocyst shall not be maintained more than 14 days from its first cell division, not counting any time during which it is stored at temperatures less than zero degrees centigrade. ``(e) Voluntary Donation of Oocytes.-- ``(1) Informed consent.--In accordance with subsection (b), an oocyte may not be used in nuclear transplantation research unless such oocyte shall have been donated voluntarily by and with the informed consent of the woman donating the oocyte. ``(2) Prohibition on purchase or sale.--No human oocyte or unfertilized blastocyst may be acquired, received, or otherwise transferred for valuable consideration if the transfer affects interstate commerce. ``(f) Separation of in Vitro Fertilization Laboratories From Locations at Which Nuclear Transplantation Is Conducted.--Nuclear transplantation may not be conducted in the same laboratory or other physical facility in which human oocytes are subject to assisted reproductive technology treatments or procedures. ``(g) Civil Penalties.--Whoever intentionally violates any provision of subsections (b) through (f) shall be subject to a civil penalty in an amount that is appropriate for the violation involved, but not more than $250,000.''.

Human Cloning Ban and Stem Cell Research Protection Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit: (1) conducting or attempting to conduct human cloning; (2) shipping the product of nuclear transplantation in interstate or foreign commerce for the purpose of human cloning in the United States or elsewhere; or (3) exporting to a foreign country an unfertilized blastocyst if such country does not prohibit human cloning. Sets forth criminal and civil penalties for violations. Requires the Secretary of Health and Human Services to report to the relevant congressional committees on: (1) actions taken to enforce such prohibitions; (2) coordination of Federal, State, and local enforcement; and (3) international laws relating to human cloning. Amends the Public Health Service Act to require research involving nuclear transplantation to be conducted in accordance with applicable Federal regulations regarding the protection of human subjects and Institutional Review Boards. Prohibits: (1) a somatic cell nucleus from being transplanted into a human oocyte (egg) that has undergone or will undergo fertilization; (2) an unfertilized blastocyst from being maintained after more than 14 days from its first cell division, not counting storage times at temperatures less than zero degrees centigrade; (3) an oocyte from being used in nuclear transplantation research unless donated voluntarily with the donor's informed consent; (4) a human oocyte or unfertilized blastocyst from being acquired, received, or transferred for valuable consideration in interstate commerce; and (5) nuclear transplantation in a laboratory in which human oocytes are subject to assisted reproductive technology treatments or procedures. Sets forth civil penalties for violations.

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SECTION 1. STANDARDIZATION OF WITHDRAWAL OPTIONS FOR THRIFT SAVINGS PLAN PARTICIPANTS. (a) Participation in the Thrift Savings Plan.--Section 8351(b) of title 5, United States Code, is amended-- (1) by amending paragraph (4) to read as follows: ``(4) Section 8433(b) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from Government employment.''; (2) by striking out paragraphs (5), (6), and (8); (3) by redesignating paragraphs (7), (9), and (10) as paragraphs (5), (6), and (7), respectively; (4) in paragraph (5)(C) (as redesignated under paragraph (3) of this subsection) by striking out ``or former spouse'' in both places it appears; (5) by amending paragraph (6) (as redesignated under paragraph (3) of this subsection) to read as follows: ``(6) Notwithstanding paragraph (4), if an employee or Member separates from Government employment and such employee's or Member's nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b) of this title.''; and (6) in paragraph (7) (as redesignated under paragraph (3) of this subsection) by striking out ``nonforfeiture'' and inserting in lieu thereof ``nonforfeitable''. (b) Benefits and Election of Benefits.--Section 8433 of title 5, United States Code, is amended-- (1) in subsection (b) by striking out the matter before paragraph (1) and inserting in lieu thereof ``Subject to section 8435 of this title, any employee or Member who separates from Government employment entitled to an annuity under subchapter II of this chapter or any employee or Member who separates from Government employment is entitled and may elect--''; (2) by striking out subsections (c) and (d) and redesignating subsections (e), (f), (g), (h), and (i) as subsections (c), (d), (e), (f), and (g), respectively; (3) in subsection (c)(1) (as redesignated under paragraph (2) of this subsection) by striking out ``or (c)(4) or required under subsection (d) directly to an eligible retirement plan or plans) (as defined in section 402(a)(5)(E) of the Internal Revenue Code of 1954)'' and inserting in lieu thereof ``directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986)''; (4) in subsection (d)(2) (as redesignated under paragraph (2) of this subsection) by striking out ``or (c)(2)''; and (5) in subsection (f) (as redesignated under paragraph (2) of this subsection)-- (A) by striking out paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (B) in paragraph (1) (as redesignated under subparagraph (A) of this paragraph)-- (i) by striking out ``Notwithstanding subsections (b) and (c), if an employee or Member separates from Government employment under circumstances making such an employee or Member eligible to make an election under either of those subsections, and such employee's or Member's'' and inserting in lieu thereof ``Notwithstanding subsection (b), if an employee or Member separates from Government employment, and such employee's or Member's''; and (ii) by striking out ``or (c), as applicable''; and (C) in paragraph (2) (as redesignated under subparagraph (A) of this paragraph) by striking out ``paragraphs (1) and (2)'' and inserting in lieu thereof ``paragraph (1)''. (c) Annuities: Methods of Payment; Election; Purchase.--Section 8434(c) of title 5, United States Code, is amended to read as follows: ``(c) Notwithstanding an elimination of a method of payment by the Board an employee, Member, former employee, or former Member may elect the eliminated method if the elimination of such method became effective less than 5 years before the date on which the annuity commences.''. (d) Protections for Spouses and Former Spouses.--Section 8435 of title 5, United States Code, is amended-- (1) in subsection (a)(1)(A) by striking out ``subsection (b)(3), (b)(4), (c)(3), or (c)(4) of section 8433 of this title or change an election previously made under subsection (b)(1), (b)(2), (c)(1), or (c)(2)'' and inserting in lieu thereof ``subsection (b)(3) or (b)(4) of section 8433 of this title or change an election previously made under subsection (b)(1) or (b)(2)''; (2) by striking out subsection (b); (3) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (b), (c), (d), (e), (f), (g), and (h), respectively; (4) in subsection (b) (as redesignated under paragraph (3) of this subsection) by amending paragraph (2) to read as follows: ``(2) Paragraph (1) shall not apply, if-- ``(A) a joint waiver of such method is made, in writing, by the employee or Member and the spouse; or ``(B) the employee or Member waives such method, in writing, after establishing to the satisfaction of the Executive Director that circumstances described under subsection (a)(2) (A) or (B) make the requirement of a joint waiver inappropriate.''; and (5) in subsection (c)(1) (as redesignated under paragraph (3) of this subsection) by striking out ``and a transfer may not be made under section 8433(d) of this title''. (e) Justices and Judges.--Section 8440a(b) of title 5, United States Code, is amended-- (1) in paragraph (5) by striking out ``Section 8433(d)'' and inserting in lieu thereof ``Section 8433(b)''; and (2) by striking out paragraphs (7) and (8) and inserting in lieu thereof the following: ``(7) Notwithstanding paragraphs (4) and (5), if any justice or judge retires under subsection (a) or (b) of section 371 or section 372(a) of title 28, or resigns without having met the age and service requirements set forth under section 371(c) of title 28, and such justice's or judge's nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the justice or judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b).''. (f) Bankruptcy Judges and Magistrates.--Section 8440b of title 5, United States Code, is amended-- (1) in subsection (b)(4) by amending subparagraph (B) to read as follows: ``(B) Section 8433(b) of this title applies to any bankruptcy judge or magistrate who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires before attaining age 65 but is entitled, upon attaining age 65, to an annuity under section 377 of title 28 or section 2(c) of the Retirement and Survivors Annuities for Bankruptcy Judges and Magistrates Act of 1988.''; (2) in subsection (b)(4)(C) by striking out ``Section 8433(d)'' and inserting in lieu thereof ``Section 8433(b)''; (3) in subsection (b)(5) by striking out ``retirement under section 377 of title 28 is'' and inserting in lieu thereof ``any of the actions described under paragraph (4) (A), (B), or (C) shall be considered''; (4) in subsection (b) by striking out paragraph (8) and redesignating paragraph (9) as paragraph (8); and (5) in paragraph (8) of subsection (b) (as redesignated under paragraph (4) of this subsection)-- (A) by striking out ``Notwithstanding subparagraphs (A) and (B) of paragraph (4), if any bankruptcy judge or magistrate retires under circumstances making such bankruptcy judge or magistrate eligible to make an election under subsection (b) or (c)'' and inserting in lieu thereof ``Notwithstanding paragraph (4), if any bankruptcy judge or magistrate retires under circumstances making such bankruptcy judge or magistrate eligible to make an election under subsection (b)''; and (B) by striking out ``and (c), as applicable''. (g) Claims Court Judges.--Section 8440c of title 5, United States Code, is amended-- (1) in subsection (b)(4)(B) by striking out ``Section 8433(d)'' and inserting in lieu thereof ``Section 8433(b)''; (2) in subsection (b)(5) by striking out ``retirement under section 178 of title 28, is'' and inserting in lieu thereof ``any of the actions described in paragraph (4) (A) or (B) shall be considered''; (3) in subsection (b) by striking out paragraph (8) and redesignating paragraph (9) as paragraph (8); and (4) in paragraph (8) (as redesignated under paragraph (3) of this subsection) by striking out ``Notwithstanding paragraph (4)(A)'' and inserting in lieu thereof ``Notwithstanding paragraph (4)''. (h) Judges of the United States Court of Veterans Appeals.--Section 8440d(b)(5) of title 5, United States Code, is amended by striking out ``A transfer shall be made as provided under section 8433(d) of this title'' and inserting in lieu thereof ``Section 8433(b) of this title applies''. (i) Technical and Conforming Amendments.--Chapters 83 and 84 of title 5, United States Code, are amended-- (1) in section 8351(b)(5)(B) (as redesignated under subsection (a)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (2) in section 8351(b)(5)(D) (as redesignated under subsection (a)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (3) in section 8433(b)(4) by striking out ``subsection (e)'' and inserting in lieu thereof ``subsection (c)''; (4) in section 8433(d)(1) (as redesignated under subsection (b)(2) of this section) by striking out ``(d) of section 8435'' and inserting in lieu thereof ``(c) of section 8435''; (5) in section 8433(d)(2) (as redesignated under subsection (b)(2) of this section) by striking out ``section 8435(d)'' and inserting in lieu thereof ``section 8435(c)''; (6) in section 8433(e) (as redesignated under subsection (b)(2) of this section) by striking out ``section 8435(d)(2)'' and inserting in lieu thereof ``section 8435(c)(2)''; (7) in section 8433(g)(5) (as redesignated under subsection (b)(2) of this section) by striking out ``section 8435(f)'' and inserting in lieu thereof ``section 8435(e)''; (8) in section 8434(b) by striking out ``section 8435(c)'' and inserting in lieu thereof ``section 8435(b)''; (9) in section 8435(a)(1)(B) by striking out ``subsection (c)'' and inserting in lieu thereof ``subsection (b)''; (10) in section 8435(d)(1)(B) (as redesignated under subsection (d)(3) of this section) by striking out ``subsection (d)(2)'' and inserting in lieu thereof ``subsection (c)(2)''; (11) in section 8435(d)(3)(A) (as redesignated under subsection (d)(3) of this section) by striking out ``subsection (c)(1)'' and inserting in lieu thereof ``subsection (b)(1)''; (12) in section 8435(d)(6) (as redesignated under subsection (d)(3) of this section) by striking out ``or (c)(2)'' and inserting in lieu thereof ``or (b)(2)''; (13) in section 8435(e)(1)(A) (as redesignated under subsection (d)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (14) in section 8435(e)(2) (as redesignated under subsection (d)(3) of this section) by striking out ``section 8433(i) of this title shall not be approved if approval would have the result described in subsection (d)(1)'' and inserting in lieu thereof ``section 8433(g) of this title shall not be approved if approval would have the result described under subsection (c)(1)''; (15) in section 8435(g) (as redesignated under subsection (d)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (16) in section 8437(c)(5) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; and (17) in section 8440a(b)(6) by striking out ``section 8351(b)(7)'' and inserting in lieu thereof ``section 8351(b)(5)''. (j) Interim Provision.--Section 8433(d) of title 5, United States Code, is amended by striking out ``shall transfer the amount of the balance'' and inserting in lieu thereof ``may transfer the amount of the balance''. (k) Effective Dates.--(1) Except as provided in paragraph (2), the provisions of this section shall take effect 1 year after the date of enactment of this Act or upon such other date as the Executive Director of the Federal Retirement Thrift Investment Board shall provide in regulation. (2) The provisions of subsection (j) of this section shall take effect upon the date of the enactment of this Act. Passed the Senate November 24 (legislative day, November 23), 1993. Attest: WALTER J. STEWART, Secretary.

Revises the Thrift Savings Plan (TSP), with changes providing separating TSP participants with the same options for withdrawal.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Number Online Protection Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The inappropriate display of social security account numbers has contributed to a growing range of illegal activities, including fraud, identity theft, stalking, and other crimes that have a substantial effect on interstate commerce and public safety. (2) The Federal Government requires virtually every individual in the United States to obtain and maintain a social security account number in order to pay taxes, to qualify for old-age, survivors, and disability insurance benefits under title II of the Social Security Act, or to seek employment. An unintended consequence of these requirements is that social security account numbers have become one of the tools that can be used to facilitate crime, fraud, and invasions of the privacy of the individuals to whom the numbers are assigned. Because the Federal Government created and maintains this system, and because the Federal Government does not permit individuals to exempt themselves from those requirements, it is appropriate for the Federal Government to take steps to stem the abuse of social security account numbers. (3) In most jurisdictions throughout the United States, State and local law requires that certain public documents, such as business filings, property records, and birth and marriage certificates, be made available to the general public. These documents may contain an individual's social security account number. An increasing number of official records repositories, such as repositories maintained by a Secretary of State's office or a local clerk's office, are storing such records on the Internet. While online availability of public records improves access, it also increases the risk that social security account numbers will be widely displayed and misused. SEC. 3. PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC ON THE INTERNET OF THE LAST 4 DIGITS OF SOCIAL SECURITY ACCOUNT NUMBERS BY STATE AND LOCAL GOVERNMENTS. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 123 the following new chapter: ``CHAPTER 124--PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC ON THE INTERNET OF THE LAST 4 DIGITS OF SOCIAL SECURITY ACCOUNT NUMBERS BY STATE AND LOCAL GOVERNMENTS ``Sec. 2731. Prohibition on the display to the general public on the Internet of the last 4 digits of social security account numbers by State and local governments ``(a) In General.--A State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, shall not display to the general public on the Internet the last 4 digits of any social security account number. ``(b) Rule of Construction.--Nothing in this section shall be construed to supersede, alter, or affect any restriction or limitation on the display to the general public on the Internet of all, or any part of, social security account numbers provided for in any Federal or State statute, regulation, order, or interpretation, if the restriction or limitation is greater than that provided under this section. ``Sec. 2732. Penalties ``A State or a political subdivision of a State that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance. ``Sec. 2733. Enforcement ``The Attorney General may bring a civil action against a State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, in any appropriate United States District Court for appropriate relief with respect to a display to the general public on the Internet of the last 4 digits of any social security account number in violation of section 2731. ``Sec. 2734. Definitions ``In this chapter: ``(1) Display to the general public on the internet.-- ``(A) In general.--The term `display to the general public on the Internet' means, in connection with all, or any part of, a social security account number, to place such number or any part of such number in a viewable manner on an Internet site that is available to the general public, including any Internet site that requires a fee for access to information accessible on or through the site. ``(B) Inclusion of certain unprotected transmissions.--In any case in which a State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, requires as a condition of doing business transmittal of all, or any part of, an individual's social security account number by means of the Internet without reasonable provisions to ensure that such number is encrypted or otherwise secured from disclosure, any such transmittal of such number shall be treated as a `display to the general public on the Internet' for purposes of this chapter. ``(2) Person.--The term `person' means an individual, organization, or entity, but does not include a State or any executive, legislative, or judicial agency of a State. ``(3) Social security account number.--The term `social security account number' means the account number assigned to an individual by the Commissioner of Social Security in the exercise of the Commissioner's authority under section 205(c)(2) of the Social Security Act and includes any derivative of such number.''. (b) Clerical Amendment.--The table of parts at the beginning of part I of title 18, United States Code, is amended by adding at the end the following new item: ``124. Prohibition on the display to the general public on 2731''. the Internet of social security account numbers by state and local governments. (c) Effective Date.--The amendment made by subsection (a) shall apply to violations occurring on or after the date of enactment of this Act. SEC. 4. GRANTS TO STATE AND LOCAL GOVERNMENTS TO COME INTO COMPLIANCE WITH THE PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC ON THE INTERNET OF THE LAST 4 DIGITS OF SOCIAL SECURITY ACCOUNT NUMBERS. (a) In General.--The Attorney General shall award grants to States and political subdivisions of States to carry out activities to remove or redact the last 4 digits of social security account numbers from forms and records of executive, legislative, and judicial agencies of States and political subdivisions of States that, as of the date of enactment of this Act, have been displayed to the general public on the Internet and would be a violation of chapter 124 of title 18, United States Code, (as added by section 3) if that chapter had been in effect at the time such numbers were first displayed. (b) Application.--A State or political subdivision of a State desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General shall require. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Attorney General to carry out this section, $10,000,000 for each of fiscal years 2007 and 2008. (d) Definition of State.--In this section, the term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and the Commonwealth of the Northern Marianas.

Social Security Number Online Protection Act of 2006 - Amends the federal criminal code to prohibit a state or local government from displaying to the general public on the Internet the last four digits of any social security number. Imposes a fine of up to $5,000 a day on any state or local government that has a policy or practice of substantial noncompliance with the requirements of this Act. Authorizes the Attorney General to bring a civil action against a state, local government, or officer, employee, or contractor of such state or local government to enforce compliance with this Act. Directs the Attorney General to award grants to states and local governments for removing or redacting the last four digits of social security numbers from forms and records of their executive, legislative, and judicial agencies which are currently displayed on the Internet.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Homelessness Task Force Act of 2007''. SEC. 2. ESTABLISHMENT. There is established a task force in the legislative branch to be known as the ``National Homelessness Task Force'' (in this Act referred to as the ``Task Force''). SEC. 3. DUTIES. The Task Force, in consultation with relevant heads of Federal agencies administering Federal programs for homeless individuals that were in existence on the date of enactment of this Act, including the Interagency Council on Homelessness, shall conduct the following activities: (1) Review and analyze reports published by Federal, State, and local agencies and academic institutions that relate to homelessness. (2) Evaluate-- (A) the effectiveness of Federal programs in existence on the date of enactment of this Act that address homelessness; (B) the cost-effectiveness of such programs; and (C) the Federal role in interacting and coordinating with State and local entities that address homelessness. (3) Analyze options and make recommendations-- (A) to improve Federal programs in existence on the date of enactment of this Act that address homelessness; (B) for State and local shelter and transitional housing programs to reduce the period that people remain homeless; (C) for the establishment of an outreach program that raises awareness among homeless individuals about resources available to such individuals and assists such individuals in accessing such resources, which may include local service and treatment centers, case management agencies, and safe haven services that assist homeless individuals with serious mental illnesses; and (D) to expand the supply of permanent affordable housing for chronically homeless individuals, as well as individuals and families with incomes below the Federal poverty line. (4) Conduct research and develop methods-- (A) through consultation with State and local agencies, to improve coordination between the Interagency Council on Homelessness and Federal agencies in existence at the date of enactment of this Act which specifically deal with homelessness, including the Department of Housing and Urban Development, the Department of Health and Human Services, and the Department of Veterans Affairs; (B) to minimize the period in which individuals remain homeless; and (C) to establish a system that ensures homeless individuals have access to employment and job-training programs, as well as employment. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Task Force shall be composed of up to 10 members (in this Act referred to as the ``TF members''). The Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate may each appoint, in consultation with the Secretary of Housing and Urban Development, up to 5 TF members. Appointments shall be made within 90 days of the enactment of this Act. (b) Qualifications.--In making appointments under subsection (a), the appointing authorities described in such subsection may select TF members from representatives of Federal and State agencies, commissions, boards, regional agencies, tribes, colleges and universities, and nongovernmental organizations. Such appointing authorities shall, to the greatest extent possible, appoint individuals who are particularly qualified to perform the functions of the Task Force, by reason of either practical experience or academic expertise in housing or economic development. (c) Compensation.-- (1) In general.--TF members shall serve without compensation. (2) Travel expenses.--Each TF member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter 1 of chapter 57 of title 5, United States Code. (d) Chairpersons.--The Task Force shall have 2 Chairpersons. From among the TF members, the majority leader of the Senate and the Speaker of the House of Representatives shall choose 1 Chairperson, and the minority leaders from the Senate and the House of Representatives shall choose the other Chairperson. SEC. 5. STAFF OF THE TASK FORCE AND EXPERTS AND CONSULTANTS. (a) Staff.--Subject to the rules prescribed by the Task Force, the Chairpersons of the Task Force may appoint from 3 to 6 individuals as personnel and fix the pay of such personnel as the Chairpersons consider appropriate. (b) Experts and Consultants.--With the approval of the Task Force, the Chairpersons may procure temporary and intermittent services in the manner prescribed in section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of such title. (c) Staff of Federal Agencies.--Upon the request of the Task Force, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Task Force to assist it in performing its duties under this Act. SEC. 6. POWERS. (a) Members and Agents.--Any member or agent of the Task Force may, if authorized by the Task Force, take any action that the Task Force is authorized to take under this Act. (b) Obtaining Official Data.--The Task Force may secure directly from any Federal department or agency information necessary to enable it to carry out this Act. Upon the request of the Task Force, the head of that department or agency shall furnish the information to the Task Force. (c) Mails.--The Task Force may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. SEC. 7. REPORTS. (a) Initial Report.--Not later than 3 months after the date of completion of the appointment of the TF members under section 4(a), the Task Force shall submit to Congress a report describing how the Task Force will undertake the duties described in section 3. (b) Final Report.--Not later than 12 months after the date of completion of the appointment of the TF members under section 4(a), the Task Force shall submit to Congress a report that-- (1) describes the activities of the Task Force conducted under section 3; and (2) makes recommendations on-- (A) long-term goals for Congress to reduce homelessness; and (B) strategies for Congress to achieve such goals. SEC. 8. TERMINATION. The Task Force shall terminate 10 days after the date on which the Task Force submits the final report under section 7(b). SEC. 9. DEFINITIONS. For purposes of this Act: (a) Affordable Housing.--The term ``affordable housing'' includes properties for which assistance is provided under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), and single-room occupancy units. (b) Chronically Homeless Individual.--The term ``chronically homeless individual'' means an unaccompanied, disabled individual with a disabling condition who has been continually homeless for at least the duration of 1 year or who has been homeless for 4 or more episodes in the previous 3 years. (c) Disabling Condition.--A ``disabling condition'' means a diagnosable substance use disorder, serious mental illness, developmental disability, or chronic physical illness or disability, including the co-occurrence of 2 or more of such conditions. (d) Homeless; Homeless Individual.--The terms ``homeless'' and ``homeless individual'' have the meaning given such terms in section 103 of the McKinney-Vento Act (42 U.S.C. 11302). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $2,000,000 to carry out this Act.

National Homelessness Task Force Act of 2007 - Establishes in the legislative branch a National Homelessness Task Force to: (1) analyze reports by federal, state, and local agencies and academic institutions relating to homelessness; (2) evaluate the effectiveness of federal programs addressing homelessness, particularly their interaction with state and local entities which also address homelessness; (3) analyze options and make recommendations to alleviate the causes and effects of such homelessness; and (4) conduct related research and develop methods to improve, federal, state, and local agency coordination.

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SECTION 1. TERMINATION OF EXCEPTION FOR CERTAIN REAL ESTATE INVESTMENT TRUSTS FROM THE TREATMENT OF STAPLED ENTITIES. (a) In General.--Notwithstanding paragraph (3) of section 136(c) of the Tax Reform Act of 1984 (relating to stapled stock; stapled entities), the REIT gross income provisions shall be applied by treating the activities and gross income of members of the stapled REIT group properly allocable to any nonqualified real property interest held by the exempt REIT or any stapled entity which is a member of such group (or treated under subsection (c) as held by such REIT or stapled entity) as the activities and gross income of the exempt REIT in the same manner as if the exempt REIT and such group were 1 entity. (b) Nonqualified Real Property Interest.--For purposes of this section-- (1) In general.--The term ``nonqualified real property interest'' means, with respect to any exempt REIT, any interest in real property acquired after March 26, 1998, by the exempt REIT or any stapled entity. (2) Exception for binding contracts, etc.--Such term shall not include any interest in real property acquired after March 26, 1998, by the exempt REIT or any stapled entity if-- (A) the acquisition is pursuant to a written agreement which was binding on such date and at all times thereafter on such REIT or stapled entity, or (B) the acquisition is described on or before such date in a public announcement or in a filing with the Securities and Exchange Commission. (3) Improvements and leases.-- (A) In general.--Except as otherwise provided in this paragraph, the term ``nonqualified real property interest'' shall not include-- (i) any improvement to land owned or leased by the exempt REIT or any member of the stapled REIT group, and (ii) any repair to, or improvement of, any improvement owned or leased by the exempt REIT or any member of the stapled REIT group, if such ownership or leasehold interest is a qualified real property interest. (B) Leases.--Such term shall not include any lease of a qualified real property interest. (C) Termination where change in use.-- (i) In general.--Subparagraph (A) shall not apply to any improvement placed in service after December 31, 1999, which is part of a change in the use of the property to which such improvement relates unless the cost of such improvement does not exceed 200 percent of-- (I) the cost of such property, or (II) if such property is substituted basis property (as defined in section 7701(a)(42) of the Internal Revenue Code of 1986), the fair market value of the property at the time of acquisition. (ii) Binding contracts.--For purposes of clause (i), an improvement shall be treated as placed in service before January 1, 2000, if such improvement is placed in service before January 1, 2004, pursuant to a binding contract in effect on December 31, 1999, and at all times thereafter. (4) Treatment of entities which are not stapled, etc. on march 26, 1998.--Notwithstanding any other provision of this section, all interests in real property held by an exempt REIT or any stapled entity with respect to such REIT (or treated under subsection (c) as held by such REIT or stapled entity) shall be treated as nonqualified real property interests unless-- (A) such stapled entity was a stapled entity with respect to such REIT as of March 26, 1998, and at all times thereafter, and (B) as of March 26, 1998, and at all times thereafter, such REIT was a real estate investment trust. (5) Qualified real property interest.--The term ``qualified real property interest'' means any interest in real property other than a nonqualified real property interest. (c) Treatment of Property Held by 10-Percent Subsidiaries.--For purposes of this section-- (1) In general.--Any exempt REIT and any stapled entity shall be treated as holding their proportionate shares of each interest in real property held by any 10-percent subsidiary entity of the exempt REIT or stapled entity, as the case may be. (2) Property held by 10-percent subsidiaries treated as nonqualified.-- (A) In general.--Except as provided in subparagraph (B), any interest in real property held by a 10-percent subsidiary entity of an exempt REIT or stapled entity shall be treated as a nonqualified real property interest. (B) Exception for interests in real property held on march 26, 1998, etc.--In the case of an entity which was a 10-percent subsidiary entity of an exempt REIT or stapled entity on March 26, 1998, and at all times thereafter, an interest in real property held by such subsidiary entity shall be treated as a qualified real property interest if such interest would be so treated if held directly by the exempt REIT or the stapled entity. (3) Reduction in qualified real property interests if increase in ownership of subsidiary.--If, after March 26, 1998, an exempt REIT or stapled entity increases its ownership interest in a subsidiary entity to which paragraph (2)(B) applies above its ownership interest in such subsidiary entity as of such date, the additional portion of each interest in real property which is treated as held by the exempt REIT or stapled entity by reason of such increased ownership shall be treated as a nonqualified real property interest. (4) Special rules for determining ownership.--For purposes of this subsection-- (A) percentage ownership of an entity shall be determined in accordance with subsection (e)(4), (B) interests in the entity which are acquired by the exempt REIT or stapled entity in any acquisition described in an agreement, announcement, or filing described in subsection (b)(2) shall be treated as acquired on March 26, 1998, and (C) except as provided in guidance prescribed by the Secretary, any change in proportionate ownership which is attributable solely to fluctuations in the relative fair market values of different classes of stock shall not be taken into account. (d) Treatment of Property Secured by Mortgage Held by Exempt REIT or Member of Stapled REIT Group.-- (1) In general.--In the case of any nonqualified obligation held by an exempt REIT or any member of the stapled REIT group, the REIT gross income provisions shall be applied by treating the exempt REIT as having impermissible tenant service income equal to-- (A) the interest income from such obligation which is properly allocable to the property described in paragraph (2), and (B) the income of any member of the stapled REIT group from services described in paragraph (2) with respect to such property. If the income referred to in subparagraph (A) or (B) is of a 10-percent subsidiary entity, only the portion of such income which is properly allocable to the exempt REIT's or the stapled entity's interest in the subsidiary entity shall be taken into account. (2) Nonqualified obligation.--Except as otherwise provided in this subsection, the term ``nonqualified obligation'' means any obligation secured by a mortgage on an interest in real property if the income of any member of the stapled REIT group for services furnished with respect to such property would be impermissible tenant service income were such property held by the exempt REIT and such services furnished by the exempt REIT. (3) Exception for certain market rate obligations.--Such term shall not include any obligation-- (A) payments under which would be treated as interest if received by a REIT, and (B) the rate of interest on which does not exceed an arm's length rate. (4) Exception for existing obligations.--Such term shall not include any obligation-- (A) which is secured on March 26, 1998, by an interest in real property, and (B) which is held on such date by the exempt REIT or any entity which is a member of the stapled REIT group on such date and at all times thereafter, but only so long as such obligation is secured by such interest. The preceding sentence shall not cease to apply by reason of the refinancing of the obligation if (immediately after the refinancing) the principal amount of the obligation resulting from the refinancing does not exceed the principal amount of the refinanced obligation (immediately before the refinancing). (5) Treatment of entities which are not stapled, etc. on march 26, 1998.--A rule similar to the rule of subsection (b)(4) shall apply for purposes of this subsection. (6) Increase in amount of nonqualified obligations if increase in ownership of subsidiary.--A rule similar to the rule of subsection (c)(3) shall apply for purposes of this subsection. (7) Coordination with subsection (a).--This subsection shall not apply to the portion of any interest in real property that the exempt REIT or stapled entity holds or is treated as holding under this section without regard to this subsection. (e) Definitions.--For purposes of this section-- (1) REIT gross income provisions.--The term ``REIT gross income provisions'' means-- (A) paragraphs (2), (3), and (6) of section 856(c) of the Internal Revenue Code of 1986, and (B) section 857(b)(5) of such Code. (2) Exempt reit.--The term ``exempt REIT'' means a real estate investment trust to which section 269B of the Internal Revenue Code of 1986 does not apply by reason of paragraph (3) of section 136(c) of the Tax Reform Act of 1984. (3) Stapled reit group.--The term ``stapled REIT group'' means, with respect to an exempt REIT, the group consisting of-- (A) all entities which are stapled entities with respect to the exempt REIT, and (B) all entities which are 10-percent subsidiary entities of the exempt REIT or any such stapled entity. (4) 10-percent subsidiary entity.-- (A) In general.--The term ``10-percent subsidiary entity'' means, with respect to any exempt REIT or stapled entity, any entity in which the exempt REIT or stapled entity (as the case may be) directly or indirectly holds at least a 10-percent interest. (B) Exception for certain c corporation subsidiaries of reits.--A corporation which would, but for this subparagraph, be treated as a 10-percent subsidiary of an exempt REIT shall not be so treated if such corporation is taxable under section 11 of the Internal Revenue Code of 1986. (C) 10-percent interest.--The term ``10-percent interest'' means-- (i) in the case of an interest in a corporation, ownership of 10 percent (by vote or value) of the stock in such corporation, (ii) in the case of an interest in a partnership, ownership of 10 percent of the assets or net profits interest in the partnership, and (iii) in any other case, ownership of 10 percent of the beneficial interests in the entity. (5) Other definitions.--Terms used in this section which are used in section 269B or section 856 of such Code shall have the respective meanings given such terms by such section. (f) Guidance.--The Secretary may prescribe such guidance as may be necessary or appropriate to carry out the purposes of this section, including guidance to prevent the avoidance of such purposes and to prevent the double counting of income. (g) Effective Date.--This section shall apply to taxable years ending after March 26, 1998.

Amends the Tax Reform Act of 1984 to provide for the termination of the exception for certain real estate investment trusts from the treatment of stapled entities.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Books for Children Act'' or the ``ABC Act''. SEC. 2. AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965. Part E of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8131 et seq.) is amended to read as follows: ``PART E--ACCESS TO BOOKS FOR CHILDREN (ABC) ``SEC. 10500. PURPOSE. ``It is the purpose of this part to provide children with better access to books and other reading materials and resources from birth to adulthood, including opportunities to own books. ``Subpart 1--Inexpensive Book Distribution Program ``SEC. 10501. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING MOTIVATION. ``(a) Authorization.--The Secretary is authorized to enter into a contract with Reading is Fundamental (RIF) (hereafter in this section referred to as `the contractor') to support and promote programs, which include the distribution of inexpensive books to students, that motivate children to read. ``(b) Requirements of Contract.--Any contract entered into under subsection (a) shall-- ``(1) provide that the contractor will enter into subcontracts with local private nonprofit groups or organizations, or with public agencies, under which each subcontractor will agree to establish, operate, and provide the non-Federal share of the cost of reading motivation programs that include the distribution of books, by gift, to the extent feasible, or loan, to children from birth through secondary school age, including those in family literacy programs; ``(2) provide that funds made available to subcontractors will be used only to pay the Federal share of the cost of such programs; ``(3) provide that in selecting subcontractors for initial funding, the contractor will give priority to programs that will serve a substantial number or percentage of children with special needs, such as-- ``(A) low-income children, particularly in high- poverty areas; ``(B) children at risk of school failure; ``(C) children with disabilities; ``(D) foster children; ``(E) homeless children; ``(F) migrant children; ``(G) children without access to libraries; ``(H) institutionalized or incarcerated children; and ``(I) children whose parents are institutionalized or incarcerated; ``(4) provide that the contractor will provide such technical assistance to subcontractors as may be necessary to carry out the purpose of this section; ``(5) provide that the contractor will annually report to the Secretary the number of, and describe, programs funded under paragraph (3); and ``(6) include such other terms and conditions as the Secretary determines to be appropriate to ensure the effectiveness of such programs. ``(c) Restriction on Payments.--The Secretary shall make no payment of the Federal share of the cost of acquiring and distributing books under any contract under this section unless the Secretary determines that the contractor or subcontractor, as the case may be, has made arrangements with book publishers or distributors to obtain books at discounts at least as favorable as discounts that are customarily given by such publisher or distributor for book purchases made under similar circumstances in the absence of Federal assistance. ``(d) Definition of `Federal Share'.--For the purpose of this section, the term `Federal share' means, with respect to the cost to a subcontractor of purchasing books to be paid under this section, 75 percent of such costs to the subcontractor, except that the Federal share for programs serving children of migrant or seasonal farmworkers shall be 100 percent of such costs to the subcontractor. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $25,000,000 for fiscal year 2001 and such sums as may be necessary for each of the four succeeding fiscal years. ``Subpart 2--Local Partnerships for Books ``SEC. 10511. LOCAL PARTNERSHIPS FOR BOOKS. ``(a) Authorization.--The Secretary is authorized to enter into a contract with a national organization (referred to in this section as the `contractor') to support and promote programs that-- ``(1) pay the Federal share of the cost of distributing at no cost new books to disadvantaged children and families primarily through tutoring, mentoring, and family literacy programs; and ``(2) promote the growth and strengthening of local partnerships with the goal of leveraging the Federal book distribution efforts and building upon the work of community programs to enhance reading motivation for at-risk children. ``(b) Requirements of Contract.--Any contract entered into under subsection (a) shall-- ``(1) provide that the contractor will provide technical support and initial resources to local partnerships to support efforts to provide new books to those tutoring, mentoring, and family literacy programs reaching disadvantaged children; ``(2) provide that funds made available to subcontractors will be used only to pay the Federal share of the cost of such programs; ``(3) provide that the contractor, working in cooperation with the local partnerships, will give priority to those tutoring, mentoring, and family literacy programs that serve children and families with special needs, predominantly those children from economically disadvantaged families and those children and families without access to libraries; ``(4) provide that the contractor will annually report to the Secretary regarding the number of books distributed, the number of local partnerships created and supported, the number of community tutoring, mentoring, and family literacy programs receiving books for children, and the number of children provided with books; and ``(5) include such other terms and conditions as the Secretary determines to be appropriate to ensure the effectiveness of the program. ``(c) Restriction on Payments.--The Secretary shall require the contractor to ensure that the discounts provided by publishers and distributors for the new books purchased under this section is at least as favorable as discounts that are customarily given by such publishers or distributors for book purchases made under similar circumstances in the absence of Federal assistance. ``(d) Definition of Federal Share.--For the purpose of this section, the term `Federal share' means, with respect to the cost of purchasing books under this section, 50 percent of the cost to the contractor, except that the Federal share for programs serving children of migrant or seasonal farmworkers shall be 100 percent of such costs to the contractor. ``(e) Matching Requirement.--The contractor shall provide for programs under this section, either directly or through private contributions, in cash or in-kind, non-Federal matching funds equal to not less than 50 percent of the amount provided to the contractor under this section. ``(f) Authorization of Appropriation.--For the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for the fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years. ``Subpart 3--Partnerships for Infants and Young Children ``SEC. 10521. PARTNERSHIPS FOR INFANTS AND YOUNG CHILDREN. ``(a) Programs Authorized.--The Secretary is authorized to enter into a contract with a national organization (referred to in this section as the `contractor') to support and promote programs that-- ``(1) include the distribution of free books to children 5 years of age and younger, including providing guidance from pediatric clinicians to parents and guardians with respect to reading aloud with their young children; and ``(2) help build the reading readiness skills the children need to learn to read once the children enter school. ``(b) Requirements of Contract.--Any contract entered into under subsection (a) shall-- ``(1) provide that the contractor will enter into subcontracts with local private nonprofit groups or organizations or with public agencies under which each subcontractor will agree to establish, operate, and provide the non-Federal share of the cost of reading motivation programs that include the distribution of books by gift, to the extent feasible, or loan to children from birth through 5 years of age, including those children in family literacy programs; ``(2) provide that funds made available to subcontractors will be used only to pay the Federal share of the cost of such programs; ``(3) provide that in selecting subcontractors for initial funding under this section, the contractor will give priority to programs that will serve a substantial number or percentage of children with special needs, such as-- ``(A) low-income children, particularly low-income children in high-poverty areas; ``(B) children with disabilities; ``(C) foster children; ``(D) homeless children; ``(E) migrant children; ``(F) children without access to libraries; ``(G) children without adequate medical insurance; and ``(H) children enrolled in a State medicaid program under title XIX of the Social Security Act; ``(4) provide that the contractor will provide such technical assistance to subcontractors as may be necessary to carry out this section; ``(5) provide that the contractor will annually report to the Secretary on the effectiveness of the national program and the effectiveness of the local programs funded under this section, including a description of the national program and of each of the local programs; and ``(6) include such other terms and conditions as the Secretary determines to be appropriate to ensure the effectiveness of such programs. ``(c) Restriction on Payments.--The Secretary shall make no payment of the Federal share of the cost of acquiring and distributing books under any contract under this section unless the Secretary determines that the contractor or subcontractor, as the case may be, has made arrangements with book publishers or distributors to obtain books at discounts at least as favorable as discounts that are customarily given by such publisher or distributor for book purchases made under similar circumstances in the absence of Federal assistance. ``(d) Definition of Federal Share.--In this section with respect to the cost to a subcontractor of purchasing books to be paid under this section, the term `Federal share' means 50 percent of such costs to the subcontractor, except that the Federal share for programs serving children of migrant or seasonal farmworkers shall be 100 percent of such costs to the subcontractor. ``(e) Matching Requirement.--The contractor shall provide for programs under this section, either directly or through private contributions, in cash or in-kind, non-Federal matching funds equal to not less than 50 percent of the amount provided to the contractor under this section. ``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years. ``Subpart 4--Evaluation ``SEC. 10531. EVALUATION. ``(a) In General.--The Secretary shall annually conduct an evaluation of-- ``(1) programs carried out under this part to assess the effectiveness of such programs in meeting the purpose of this part and the goals of each subpart; and ``(2) the effectiveness of local literacy programs conducted under this part that link children with book ownership and mentoring in literacy. ``(b) Authorization of Appropriations.--For purposes of carrying out this section, there is authorized to be appropriated $500,000 for fiscal year 2001, and such sums as may be necessary in each of the 4 succeeding fiscal years.''.

Extends the authorization of appropriations for the Inexpensive Book Distribution Program, under which the Secretary of Education contracts with Reading Is Fundamental (RIF). Establishes and authorizes appropriations for the following new programs. Authorizes the Secretary to: (1) contract with a national organization to support programs that pay the Federal share of the cost of distributing books to disadvantaged children and families through tutoring, mentoring, and family education, and to promote local partnerships to leverage Federal book distribution efforts and build on community programs to enhance reading motivation for at- risk children (Local Partnerships for Books program); (2) contract with a national organization to support programs that distribute books to children five years of age and younger, provide guidance from pediatric clinicians to parents and guardians in reading aloud to children, and help build reading readiness skills (Partnerships for Infants and Young Children program); and (3) annually evaluate part E programs and local literacy programs conducted under part E that link children with book ownership and mentoring in literacy.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Incentives for Family-Friendly Workplaces Act of 1996''. SEC. 2. SMALL BUSINESS FAMILY AND MEDICAL LEAVE 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. 45C. SMALL BUSINESS FAMILY AND MEDICAL LEAVE CREDIT. ``(a) Amount of Credit.--For purposes of section 38, in the case of an eligible small business employer, the amount of the small business family and medical leave credit determined under this section for any taxable year shall be an amount equal to 50 percent of the qualified family and medical leave costs paid or incurred by the taxpayer during such taxable year. ``(b) Limitation on Credit.--The credit allowed by subsection (a) with respect to each employee for qualified family and medical leave costs paid or incurred by the taxpayer during the taxable year with respect to such employee shall not exceed $2,000. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible small business employer.--The term `eligible small business employer' means any employer who complies with title I of the Family and Medical Leave Act of 1993 but who is not required to comply with such title by reason of employing fewer than 50 employees during the periods described in section 101(4)(A) of such Act. ``(2) Qualified family and medical leave costs.--The term `qualified family and medical leave costs' means expenses incurred in connection with complying with title I of the Family and Medical Leave Act of 1993. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for that portion of the qualified family and medical leave costs otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under this section.'' (b) Conforming Amendment.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(12) in the case of an eligible small business employer (as defined in section 45C(c)), the small business family and medical leave credit determined under section 45C.'' (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45C. Small business family and medical leave credit.'' (d) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after the date which is 6 months after the date of the enactment of this Act. SEC. 3. CREDIT FOR WAGES PAID TO EMPLOYEE WHO IS ALLOWED TO SHIFT HOURS OF EMPLOYMENT OR TO WORK AT HOME IN ORDER TO REDUCE CHILD CARE NEEDS. (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), as amended by section 2, is amended by adding at the end the following new section: ``SEC. 45D. WAGES PAID TO EMPLOYEE WHO IS ALLOWED TO SHIFT HOURS OF EMPLOYMENT OR WORK AT HOME IN ORDER TO REDUCE CHILD CARE NEEDS. ``(a) In General.--For purposes of section 38, the amount of the child care-related wage credit determined under this section for any taxable year shall be an amount equal to \1/3\ of the aggregate wages paid or incurred during such year which are attributable to services performed by an employee of the taxpayer during the 1-year period beginning on the date the employee first becomes a qualified employee of the taxpayer. ``(b) Qualified Employee.--For purposes of this section, the term `qualified employee' means any full-time employee if-- ``(1) such employee is permitted by the employer, solely in order to reduce the amount of dependent care services provided (to a dependent of the employee) outside the employee's household, to perform services for the employer-- ``(A) at the employee's home, or ``(B) during a period which is not within the normal business hours of the employer, and ``(2) as a result of the services performed for the employer as described in subparagraphs (A) and (B) of paragraph (1), there is at least a 20 percent reduction in the amount of time dependent care services are provided to a dependent of the employee outside the employee's household. ``(c) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Employee must be qualified employee for entire year.--No credit shall be determined under subsection (a) with respect to any employee unless such employee is a qualified employee throughout the 1-year period described in subsection (a). ``(2) Only $6,000 of wages per year taken into account.-- The amount of the wages which may be taken into account with respect to any employee shall not exceed $6,000 per year. ``(3) Wages.--The term `wages' has the meaning given such term by section 51(c) (determined without regard to paragraph (4) thereof). ``(4) Certain rules to apply.--Rules similar to the rules of section 52 and subsections (f), (g), (h), (i), and (k) of section 51 shall apply.'' (b) Conforming Amendment.--Subsection (b) of section 38 of such Code (relating to current year business credit), as amended by section 2(b), is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(13) the child care-related wage credit determined under section 45D(a).'' (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45D. Wages paid to employee who is allowed to shift hours of employment or work at home in order to reduce child care needs.'' (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to wages paid or incurred after the date which is 6 months after the date of the enactment of this Act. (2) Employer practices before effective date.--For purposes of section 45D(b)(2) of the Internal Revenue Code of 1986, as added by this section, no reduction before the 1st taxable year to which such section applies shall be taken into account.

Tax Incentives for Family-Friendly Workplaces Act of 1996 - Amends the Internal Revenue Code to allow a small business family and medical leave credit and a credit for wages paid to employees who are permitted to shift employment hours or to work at home in order to reduce child care needs.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Colorado River Multi-Species Conservation Program Act''. SEC. 2. DEFINITIONS. In this Act: (1) Lower colorado river multi-species conservation program.--The term ``Lower Colorado River Multi-Species Conservation Program'' or ``LCR MSCP'' means the cooperative effort on the Lower Colorado River between Federal and non- Federal entities in Arizona, California, and Nevada approved by the Secretary of the Interior on April 2, 2005. (2) Lower colorado river.--The term ``Lower Colorado River'' means the Colorado River from Lake Mead to the Southerly International Boundary with Mexico, including its historic floodplain and its mainstem reservoirs to their full pool elevations. (3) Program documents.--The term ``Program Documents'' means the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental Impact Statement/Environmental Impact Report, Funding and Management Agreement, Implementing Agreement, and Section 10(a)(1)(B) Permit issued and, as applicable, executed in connection with the LCR MSCP. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means each of the States of Arizona, California, and Nevada. (6) Steering committee.--The term ``Steering Committee'' means the LCR MSCP steering committee established pursuant to the Program Documents. SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING. (a) Implementation.--The Secretary shall manage and implement the LCR MSCP in accordance with the Program Documents. (b) Water Accounting.--The Secretary is authorized and directed to enter into an agreement with the States providing for the use of water from the Lower Colorado River for habitat creation and maintenance in accordance with the Program Documents. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary such sums as may be necessary to meet the obligations of the Secretary under the Program Documents, to remain available until expended. (b) Investments.--The Secretary is authorized to invest with the Secretary of the Treasury such portions of appropriations, and any non- Federal contributions made pursuant to the Program Documents, as are not, in the judgment of the Secretary, required to meet current expenditures. Such investments shall be made only in interest-bearing obligations of the United States. Funds invested under this subsection and interest on those funds shall be available to the Secretary to meet the obligations of the Secretary under the Program Documents. (c) Non-Reimbursable and Non-Returnable.--All amounts appropriated to and expended by the Secretary for the LCR MSCP shall be non- reimbursable and non-returnable. SEC. 5. APPLICABLE LAW, CONTINUITY OF PROGRAM, ENFORCEABILITY OF PROGRAM DOCUMENTS. (a) In General.--Nothing in this Act shall impair any right to the delivery or beneficial consumptive use of Colorado River water under any compact, treaty, law, decree, or contract in effect on the date of enactment of this Act. (b) Continuity of Program Documents.--No future act of Congress relating to Public Law 93-205 (16 U.S.C. 1531 et seq.) shall have the effect of modifying the Program Documents unless expressly made applicable to the LCR MSCP. (c) Enforceability of Program Documents.--Any party to any agreement entered into with the United States or any agency thereof pursuant to the LCR MSCP may commence a civil action in United States district court to enforce the agreement or to declare the rights and obligations of the parties under the Program Documents. The district court shall have jurisdiction of such actions and may issue such orders, judgments, and decrees as are consistent with the court's exercise of jurisdiction under this section. The United States or any agency thereof may be named as a defendant in such actions. The sovereign immunity of the United States is waived for purposes of actions commenced pursuant to this section. Nothing in this section waives the sovereign immunity of the United States to claims for money damages, monetary compensation, the provision of indemnity, or any claim seeking money from the United States. Any suit pursuant to this section may be brought in any United States district court in the State in which any non-Federal party to the suit is situated. (d) Applicable Law.--Nothing in this Act affects the enforceability of the requirement that the Program Documents comply with existing law as of April 2, 2005, except that the Steering Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

Lower Colorado River Multi-Species Conservation Program Act - Directs the Secretary of the Interior to manage and implement the Lower Colorado River Multi-Species Conservation Program, and to enter into an agreement with Arizona, California, and Nevada providing for the use of water from the Lower Colorado River for habitat creation and maintenance, in accordance with the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental Impact Statement/Environmental Impact Report, Funding and Management Agreement, Implementing Agreement (Agreement). Permits any party to an agreement entered into with the United States pursuant to the Program to commence a civil action in U.S. district court to enforce the agreement or to declare the rights and obligations of the parties under the program documents. Grants the district court jurisdiction over any such action.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``White House Quadrennial Small Business Summit Act of 2001''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``Chief Counsel'' means the Chief Counsel for Advocacy of the Small Business Administration; (3) the term ``Small Business Commission'' means the national White House Quadrennial Commission on Small Business established under section 6; (4) the term ``Small Business Summit''-- (A) means the White House Quadrennial Summit on Small Business conducted under section 3(a); and (B) includes the last White House Conference on Small Business occurring before 2002; (5) the term ``small business'' has the meaning given the term ``small business concern'' in section 3 of the Small Business Act; (6) the term ``State'' means any of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands; and (7) the term ``State Summit'' means a State Summit on Small Business conducted under section 3(b). SEC. 3. NATIONAL AND STATE QUADRENNIAL SUMMITS ON SMALL BUSINESS. (a) Quadrennial Summits.--There shall be a national White House Quadrennial Summit on Small Business once every 4 years, to be held during the second year following each Presidential election, to carry out the purposes set forth in section 4. (b) State Summits.--Each Small Business Summit referred to in subsection (a) shall be preceded by a State Summit on Small Business, with not fewer than 1 such summit held in each State, and with not fewer than 2 such summits held in any State having a population of more than 10,000,000. SEC. 4. PURPOSES OF SMALL BUSINESS SUMMITS. The purposes of each Small Business Summit shall be-- (1) to increase public awareness of the contribution of small business to the national economy; (2) to identify the problems of small business; (3) to examine the status of minorities and women as small business owners; (4) to assist small business in carrying out its role as the Nation's job creator; (5) to assemble small businesses to develop such specific and comprehensive recommendations for legislative and regulatory action as may be appropriate for maintaining and encouraging the economic viability of small business and thereby, the Nation; and (6) to review the status of recommendations adopted at the immediately preceding Small Business Summit. SEC. 5. SUMMIT PARTICIPANTS. (a) In General.--To carry out the purposes set forth in section 4, the Small Business Commission shall conduct Small Business Summits and State Summits to bring together individuals concerned with issues relating to small business. (b) Summit Delegates.-- (1) Qualification.--Only individuals who are owners or officers of a small business shall be eligible for appointment or election as delegates (or alternates) to the Small Business Summit, or be eligible to vote in the selection of delegates at the State Summits pursuant to this subsection. (2) Appointed delegates.--Two months before the date of the first State Summit, there shall be-- (A) 1 delegate (and 1 alternate) appointed by the Governor of each State; (B) 1 delegate (and 1 alternate) appointed by each Member of the House of Representatives, from the congressional district of that Member; (C) 1 delegate (and 1 alternate) appointed by each Member of the Senate from the home State of that Member; and (D) 53 delegates (and 53 alternates) appointed by the President, 1 from each State. (3) Elected delegates.--The participants at each State Summit shall elect 3 delegates and 3 alternates to the Small Business Summit for each congressional district within the State, or part of the State represented at the Summit, or not fewer than 9 delegates, pursuant to rules developed by the Small Business Commission. (4) Powers and duties.--Delegates to each Small Business Summit shall-- (A) attend the State summits in his or her respective State; (B) elect a delegation chairperson, vice chairperson, and other leadership as may be necessary; (C) conduct meetings and other activities at the State level before the date of the Small Business Summit, subject to the approval of the Small Business Commission; and (D) direct such State level summits, meetings, and activities toward the consideration of the purposes set forth in section 4, in order to prepare for the next Small Business Summit. (5) Alternates.--Alternates shall serve during the absence or unavailability of the delegate. (c) Role of the Chief Counsel.--The Chief Counsel shall, after consultation and in coordination with the Small Business Commission, assist in carrying out the Small Business Summits and State Summits required by this Act by-- (1) preparing and providing background information and administrative materials for use by participants in the summits; (2) distributing issue information and administrative communications, electronically where possible through an Internet web site and e-mail, and in printed form if requested; (3) maintaining an Internet web site and regular e-mail communications after each Small Business Summit to inform delegates and the public of the status of recommendations and related governmental activity; and (4) maintaining, between summits, an active interim organization of delegate representatives from each region of the Administration, to advise the Chief Counsel on each of the major small business issue areas, and monitor the progress of the Summits' recommendations. (d) Expenses.--Each delegate (and alternate) to each Small Business Summit and State Summit-- (1) shall be responsible for the expenses of that delegate related to attending the summits; and (2) shall not be reimbursed either from funds made available pursuant to this section or the Small Business Act. (e) Advisory Committee.-- (1) In general.--The Small Business Commission shall appoint a Summit Advisory Committee, which shall be composed of 10 individuals who were participants at the most recently preceding Small Business Summit, to advise the Small Business Commission on the organization, rules, and processes of the Summits. (2) Preference.--Preference for appointment under this subsection shall be given to individuals who have been active participants in the implementation process following the most recently preceding Small Business Summit. (f) Public Participation.--Small Business Summits and State Summits shall be open to the public, and no fee or charge may be imposed on any attendee, other than an amount necessary to cover the cost of any meal provided, plus, with respect to State Summits, a registration fee to defray the expense of meeting rooms and materials of not to exceed $20 per person. SEC. 6. WHITE HOUSE QUADRENNIAL COMMISSION ON SMALL BUSINESS. (a) Establishment.--There is established the White House Quadrennial Commission on Small Business. (b) Membership.-- (1) Appointment.--The Small Business Commission shall be composed of 9 members, including-- (A) the Chief Counsel; (B) 4 members appointed by the President; (C) 1 member appointed by the Majority Leader of the Senate; (D) 1 member appointed by the Minority Leader of the Senate; (E) 1 member appointed by the Majority Leader of the House of Representatives; and (F) 1 member appointed by the Minority Leader of the House of Representatives. (2) Selection.--Members of the Small Business Commission described in subparagraphs (B) through (F) of paragraph (1) shall be selected from among distinguished individuals noted for their knowledge and experience in fields relevant to the issue of small business and the purposes set forth in section 4. (3) Time of appointment.--The appointments required by paragraph (1)-- (A) shall be made not later than 18 months before the opening date of each Small Business Summit; and (B) shall expire 6 months after the date on which each Small Business Summit is convened. (c) Election of Chairperson.--At the first meeting of the Small Business Commission, a majority of the members present and voting shall elect a member of the Small Business Commission to serve as the Chairperson. (d) Powers and Duties of Commission.--The Small Business Commission-- (1) may enter into contracts with public agencies, private organizations, and academic institutions to carry out this Act; (2) shall consult, coordinate, and contract with an independent, nonpartisan organization that-- (A) has both substantive and logistical experience in developing and organizing conferences and forums throughout the Nation with elected officials and other government and business leaders; (B) has experience in generating private resources from multiple States in the form of event sponsorships; and (C) can demonstrate evidence of a working relationship with Members of Congress from the majority and minority parties, and at least 1 Federal agency; and (3) shall prescribe such financial controls and accounting procedures as needed for the handling of funds from fees and charges and the payment of authorized meal, facility, travel, and other related expenses. (e) Planning and Administration of Summits.--In carrying out the Small Business Summits and State Summits, the Small Business Commission shall consult with-- (1) the Chief Counsel; (2) Congress; and (3) such other Federal agencies as the Small Business Commission determines to be appropriate. (f) Reports Required.--Not later than 6 months after the date on which each Small Business Summit is convened, the Small Business Commission shall submit to the President and to the Chairpersons and Ranking Members of the Committees on Small Business of the Senate and the House of Representatives a final report, which shall-- (1) include the findings and recommendations of the Small Business Summit and any proposals for legislative action necessary to implement those recommendations; and (2) be made available to the public. (g) Quorum.--Four voting members of the Small Business Commission shall constitute a quorum for purposes of transacting business. (h) Meetings.--The Small Business Commission shall meet not later than 20 calendar days after the appointment of the initial members of the Small Business Commission, and not less frequently than every 30 calendar days thereafter. (i) Vacancies.--Any vacancy on the Small Business Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (j) Executive Director and Staff.--The Small Business Commission may appoint and compensate an Executive Director and such other personnel to conduct the Small Business Summits and State Summits as the Small Business Commission may determine to be advisable, without regard to title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title, relating to classification 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. (k) Funding.--Members of the Small Business Commission shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Small Business Commission. SEC. 7. AUTHORIZATION OF APPROPRIATIONS; AVAILABILITY OF FUNDS. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out each Small Business Summit and the State Summits required by this Act, $5,000,000, which shall remain available until expended. New spending authority or authority to enter contracts as provided in this title shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. (b) Specific Earmark.--No amount made available to the Small Business Administration may be made available to carry out this title, other than amounts made available specifically for the purpose of conducting the Small Business Summits and State Summits.

White House Quadrennial Small Business Summit Act of 2001 - Mandates a national White House Quadrennial Summit on Small Business, once every four years, to undertake specified actions with respect to the recognition, development, and promotion of American small business. Requires each Quadrennial Summit to be preceded by a State Summit on Small Business.Establishes the White House Quadrennial Commission on Small Business to: (1) conduct the Quadrennial and State Summits to bring together individuals concerned with issues relating to small business; and (2) appoint a Summit Advisory Committee from participants at the last Quadrennial Summit. Directs the Chief Counsel for Advocacy of the Small Business Administration to assist in carrying out the Quadrennial and State Summits.Requires each Summit's Commission to report to the President and the chairpersons and ranking members of the congressional small business committees on its findings, recommendations, and proposals for legislative changes to implement such recommendations.Authorizes appropriations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Extended Unemployment Benefits Reform Act of 2012''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Founding Fathers of this Nation held the value and virtue of work to be an integral part of the American spirit of freedom and unity. (2) Honest work of an individual's choice, whether paid or unpaid, benefits both the individual and society as a whole. (3) The betterment of communities through public service should be encouraged by the Federal Government. (4) After the first months of eligibility for unemployment benefits, involvement by an individual in public service will not infringe on such individual's readiness to work or their ability to search for employment. SEC. 3. ADDITIONAL REQUIREMENTS FOR RECEIPT OF EXTENDED UNEMPLOYMENT BENEFITS. (a) In General.--Section 3304 of the Internal Revenue Code of 1986 (relating to approval of State unemployment compensation laws) is amended-- (1) in subsection (a)-- (A) in paragraph (18), by striking ``and'' at the end; (B) by redesignating paragraph (19) as paragraph (20); and (C) by inserting after paragraph (18) the following new paragraph: ``(19) extended compensation, including any such compensation under a temporary program, shall not be payable to an individual for any week in which such individual does not-- ``(A) perform at least 20 hours of public service (as described in subsection (g)); and ``(B) engage in at least 20 hours of active job searching (as described in subsection (h)); and''; and (2) by adding at the end the following new subsections: ``(g) Public Service.-- ``(1) In general.--For purposes of subsection (a)(19)(A), the term `public service' means unpaid service by an individual to an organization described in section 501(c)(3), or a Federal, State, or local agency (as permitted in accordance with applicable Federal, State, and local law), with tangible evidence to be provided to the State agency by the individual on a weekly basis demonstrating that the individual has performed such service during the previous week. ``(2) Exceptions.--For purposes of the public service requirement under subsection (a)(19)(A), an individual shall be deemed to have satisfied such requirement for that week if the individual-- ``(A) provides tangible evidence to the State agency demonstrating that such individual was unable to perform the required public service for that week due to an illness or family emergency; ``(B) is a parent of a qualifying child (as defined in section 152(c)) and provides tangible evidence to the State agency demonstrating an inability to perform the required number of hours of public service due to responsibility for child care; ``(C) provides tangible evidence to the State agency demonstrating an inability to perform the required number of hours of public service due to a lack of available transportation, telephone, or internet services; or ``(D) provides tangible evidence of a bona fide attempt to perform public service and, pursuant to such criteria as is determined appropriate by the State agency, is determined to be unable to perform such service due to a lack of available public service opportunities in the area in which the individual resides. ``(3) Performance of work activities.-- ``(A) In general.--Subject to subparagraph (B), the total number of hours of public service required under subsection (a)(19)(A) shall be reduced by 1 hour for each hour during that week that an individual performs work activities. ``(B) Minimum public service requirement.--For purposes of subparagraph (A), any reduction in the total number of hours of public service required under subsection (a)(19)(A) based upon performance of work activities shall not be greater than 15 hours for each week. ``(C) Definition of work activities.--For purposes of this paragraph, the term `work activities' has the same meaning as provided under subsection (d) of section 407 of the Social Security Act (42 U.S.C. 607), except that such activities shall not include job searching, as described in paragraph (6) of such subsection. ``(h) Active Search for Employment.-- ``(1) In general.--For purposes of subsection (a)(19)(B), the term `active job searching' means an active and ongoing search for employment by an individual, with tangible evidence of such search to be provided to the State agency by the individual on a weekly basis, which shall include a record of potential employers contacted by the individual (including relevant contact information for such employers) and such other information as determined appropriate by the State agency. ``(2) Alternative job search requirements.--The State agency may reduce the total number of hours of active job searching required under subparagraph (A) of subsection (a)(19) and provide alternative job search requirements for an individual who has met the requirements under subparagraphs (A) and (B) of such subsection for a period of not less than 12 weeks.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on July 1, 2012. (2) Delay permitted if state legislation required.--In the case of a State which the Secretary of Labor determines requires State legislation (other than legislation appropriating funds) in order for the State law to meet the additional requirements imposed by the amendments made by subsection (a), the State law shall not be regarded as failing to comply with the requirements of such section 3304(a)(19) of the Internal Revenue Code of 1986, as added by such amendments, solely on the basis of the failure of the State law to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Extended Unemployment Benefits Reform Act of 2012 - Amends the Internal Revenue Code (relating to approval of state unemployment compensation [UC] laws) to prohibit state payment of extended UC to an individual, even under a temporary program, for any week in which he or she does not: (1) perform at least 20 hours of unpaid public service to a charitable organization, except in specified circumstances; and (2) engage in at least 20 hours of active job searching. Authorizes a state to reduce the required 20 hours of active job searching, and prescribe alternative job search requirements, for any individual who has met both the public service and active job searching requirements for at least 12 weeks.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Liability Reform Act''. SEC. 2. HEALTH CARE LIABILITY REFORM. (a) Punitive Damages.-- (1) Award.--Punitive damages may, to the extent permitted by applicable State law, be awarded against a manufacturer or product seller in a civil action if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting actual malice. (2) Drugs and devices.--The manufacturer of a prescription drug or device and a health care provider shall not be subject to punitive damages with respect to harm caused by a drug or device if the drug or device was approved under the Federal Food, Drug, and Cosmetic Act unless-- (A) the manufacturer withholds from the Food and Drug Administration, or (B) the health care provider withholds from a patient, information which is relevant to the performance of the drug or device and causally related to the harm suffered by the plaintiff. (3) Limitation on amount.--The amount of punitive damages that may be awarded for a claim in any civil action shall not exceed 3 times the amount awarded to the claimant for the economic injury on which such claim is based, or $250,000, whichever is greater. (b) Several Liability for Noneconomic Damages.--In any action, the liability of each manufacturer or product seller of the product involved in such action shall be several only and shall not be joint for noneconomic damages. Such manufacturer or product seller shall be liable only for the amount of noneconomic damages allocated to such manufacturer or seller in direct proportion to such manufacturer's or such seller's percentage of responsibility as determined by the trier of fact. (c) Definitions.--As used in this section: (1) Claimant.--The term ``claimant'' means any person who brings a product liability action and any person on whose behalf such an action is brought, including such person's decedent if such an action is brought through or on behalf of an estate or such person's legal representative if it is brought through or on behalf of a minor or incompetent. (2) Malice.--The term ``malice'' means conduct that is either-- (A) specifically intended to cause serious personal injury, or (B) carried out with both a flagrant indifference to the rights of the claimant and an awareness that such conduct is likely to result in serious personal injury. (3) Manufacturer.--With respect to a product, the term ``manufacturer'' means-- (A) any person who is engaged in a business to produce, create, make, or construct the product and who designs or formulates the product or has engaged another person to design or formulate the product, (B) a product seller of the product who, before placing the product in the stream of commerce-- (i) designs or formulates or has engaged another person to design or formulate an aspect of the product after the product was initially made by another, and (ii) produces, creates, makes, or constructs such aspect of the product, or (C) any product seller not described in subparagraph (B) which holds itself out as a manufacturer to the user of the product, (4) Product.--The term ``product''-- (A) means any object, substance, mixture, or raw material in a gaseous, liquid, or solid state-- (i) which is capable of delivery itself, in a mixed or combined state, or as a component part or ingredient, (ii) which is produced for introduction into trade or commerce, (iii) which has intrinsic economic value, and (iv) which is intended for sale or lease to persons for commercial or personal use, and (B) does not include-- (i) human tissue, human organs, human blood, and human blood products, or (ii) electricity, water delivered by a utility, natural gas, or steam, (5) Product seller.--The term ``product seller''-- (A) means a person-- (i) who sells, distributes, leases, prepares, blends, packages, or labels a product or is otherwise involved in placing a product in the stream of commerce, or (ii) who installs, repairs, or maintains the harm-causing aspect of a product, and (B) does not include-- (i) a manufacturer, (ii) a seller or lessor of real property, (iii) a provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill, or services, (iv) any person who acts only in a financial capacity with respect to the sale of a product, or (v) any person who leases a product under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor. SEC. 3. PREEMPTION. This Act preempts State law, with respect to both procedural and substantive measures, to the extent that such law-- (1) permits the recovery of a greater amount of punitive damages by a plaintiff than that authorized by section 2(a)(3); or (2) permits an action for joint liability for noneconomic damages against a manufacturer or product seller of a product involved in the action, which action is prohibited by section 2(b). Any issue that is not governed by this Act shall be governed by otherwise applicable State or Federal law.

Prohibits the manufacturer of a prescription drug or device and a health care provider from being subject to punitive damages with respect to harm caused by a drug or device if the drug or device was approved under the Federal Food, Drug, and Cosmetic Act unless: (1)the manufacturer withholds from the Food and Drug Administration; or (2) the health care provider withholds from a patient, information which is relevant to the performance of the drug or device and causally related to the harm suffered by the plaintiff.

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SECTION 1. FINDINGS. Congress makes the following findings: (1) From 2014 through 2018, the United States and nations around the world will mark the centennial of World War I, including the entry of the United States into the war in April 1917. (2) America's support of Great Britain, France, Belgium, and its other allies in World War I marked the first time in this Nation's history that American soldiers went abroad in defense of liberty against foreign aggression, and it marked the true beginning of ``the American century''. (3) Although World War I was at the time called ``the war to end all wars'', in fact the United States would commit its troops to the defense of foreign lands 3 more times in the 20th century. (4) More than 4,000,000 men and women from the United States served in uniform during World War I, among them 2 future presidents, Harry S. Truman and Dwight D. Eisenhower. Two million individuals from the United States served overseas during World War I, including 200,000 naval personnel who served on the seas. The United States suffered 375,000 casualties during World War I, including 116,516 deaths. (5) The events of 1914 through 1918 shaped the world, the United States, and the lives of millions of people in countless ways. (6) The centennial of World War I offers an opportunity for people in the United States to learn about and commemorate the sacrifices of their predecessors. (7) Commemorative programs, activities, and sites allow people in the United States to learn about the history of World War I, the United States involvement in that war, and the war's effects on the remainder of the 20th century, and to commemorate and honor the participation of the United States and its citizens in the war effort. (8) While the other great conflicts of the 20th century, World War II, the Korean War, and the Vietnam War, have national memorials on the Mall in Washington, DC, there currently exists no nationally recognized memorial honoring the service of the United States and its citizens in World War I. (9) In 1921, the people of Kansas City, Missouri dedicated a site in that city for a memorial to the service of Americans in World War I, a ceremony attended by General John J. Pershing and military leaders of Great Britain, France, Belgium, and Italy. In 1924, the cornerstone of the 217-foot Liberty Memorial Tower was laid. On Armistice Day 1926, President Calvin Coolidge delivered the keynote address at the Memorial's dedication ceremony. The Memorial and surrounding grounds were completed in 1938, with an inscription that reads ``In Honor of Those Who Served in the World War in Defense of Liberty and Our Country.''. (10) The 106th Congress recognized the Liberty Memorial as a national symbol of World War I. (11) The 108th Congress designated the museum at the base of the Liberty Memorial as ``America's National World War I Museum''. The museum preserves the history of World War I, and educates and enlightens people about this significant event. (12) The District of Columbia War Memorial was authorized in 1924 by resolution of the 68th Congress, and was dedicated on Armistice Day 1931 by President Herbert Hoover. The DC War Memorial, erected in memory of the 499 residents of the District of Columbia who died in World War I, is often overlooked by residents and visitors to Washington. (13) The DC War Memorial is located on the national Mall in Washington, adjacent to the World War II, Korean War, and Vietnam memorials. Of these memorials, which now compose a quartet of memorials to the 4 great wars of the American Century, only the DC War Memorial is not a national memorial. SEC. 2. PURPOSE. The purpose of this Act is to-- (1) establish a commission, in Kansas City, Missouri, to ensure a suitable national observance of the centennial of World War I; and (2) rededicate the Liberty Memorial of Kansas City and the District of Columbia War Memorial, respectively, as the ``National World War I Museum and Memorial'' and the ``District of Columbia and National World War I Memorial''. SEC. 3. DEFINITIONS. In this Act: (1) America's national world war i museum.--The term ``America's National World War I Museum'' means the Liberty Memorial Museum in Kansas City, Missouri, as recognized by Congress in section 1031(b) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108- 375; 118 Stat. 2045). (2) Commission.--The term ``Commission'' means the World War I Centennial Commission established by section 4(a). (3) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. SEC. 4. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``World War I Centennial Commission''. (b) Membership.-- (1) Composition.--The Commission shall be composed of 24 members as follows: (A) Four members who shall be appointed by the Speaker of the House of Representatives. (B) Three members who shall be appointed by the minority leader of the House of Representatives. (C) Four members who shall be appointed by the majority leader of the Senate. (D) Three members who shall be appointed by the minority leader of the Senate. (E) Seven members who shall be appointed by the President from among persons who are broadly representative of the people of the United States (including members of the Armed Forces, veterans, and representatives of veterans service organizations). (F) One member who shall be appointed by the executive director of the Veterans of Foreign Wars of the United States. (G) One member who shall be appointed by the executive director of the American Legion. (H) One member who shall be appointed by the president of the Liberty Memorial Association. (2) Period of appointment.--Each member shall be appointed for the life of the Commission. (3) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (4) Initial meeting.-- (A) In general.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (B) Location.--The location for the meeting held under subparagraph (A) shall be the America's National World War I Museum. (5) Meetings.-- (A) In general.--The Commission shall meet at the call of the Chair. (B) Frequency.--The Chair shall call a meeting of the members of the Commission not less frequently than once each year. (C) Location.--Not less frequently than once each year, the Commission shall meet at the America's National World War I Museum. (6) Quorum.--Thirteen members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (7) Chair and vice chair.--The Commission shall select a Chair and Vice Chair from among its members. SEC. 5. DUTIES. (a) In General.--The duties of the Commission are as follows: (1) To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) To encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I. (3) To facilitate and coordinate activities throughout the United States relating to the centennial of World War I. (4) To serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I. (5) To develop recommendations for Congress and the President for commemorating the centennial of World War I. (b) Reports.-- (1) Periodic report.--Beginning not later than the last day of the 3-month period beginning on the date described in section 10 and the last day of each 3-month period thereafter, the Commission shall submit to Congress and the President a report on the activities and plans of the Commission. (2) Recommendations.--Not later than 2 years after the date described in section 10, the Commission shall submit to Congress and the President a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities. SEC. 6. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate to carry out the purposes of this Act. (b) Powers of Member and Agents.--If authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take under this Act. (c) Information From Federal Agencies.--The Commission shall secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon the request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of the General Services Administration shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (e) Contract Authority.-- (1) In general.--Except as provided in paragraph (2), the Commission is authorized-- (A) to procure supplies, services, and property; and (B) to make or enter into contracts, leases, or other legal agreements. (2) Limitation.--The Commission may not enter into any contract, lease, or other legal agreement that extends beyond the date of the termination of the Commission under section 8(a). (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (g) Gifts, Bequests, and Devises.-- (1) Acceptance by commission.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (2) Deposit and availability.--Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall de deposited in the Treasury of the United States and shall be available for disbursement upon order of the Commission. SEC. 7. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Commission shall serve without compensation for such service. (b) Travel Expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions of title 5, United States Code. (c) Staff.-- (1) In general.--The Chair of the Commission shall, in consultation with the members of the Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. (2) Compensation.-- (A) In general.--Subject to subparagraph (B), the Chair of the Commission may fix the compensation of the executive director and any other personnel appointed under paragraph (1). (B) Limitation.--The Chair of the Commission may not fix the compensation of the executive director or other personnel appointed under paragraph (1) at a rate that exceeds the rate of payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (C) Work location.--If the city government for Kansas City, Missouri, and the Liberty Memorial Association make space available in the building in which the America's National World War I Museum is located, the executive director of the Commission and other personnel appointed under paragraph (1) shall work in such building to the extent practical. (d) Detail of Government Employees.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any employee of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Procurement of Temporary and Intermittent Services.--The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. SEC. 8. TERMINATION OF THE COMMISSION. (a) In General.--The Commission shall terminate on the earlier of-- (1) the date that is 30 days after the date of the completion of the activities under this Act honoring the centennial observation of World War I; or (2) July 28, 2019. (b) Application of Federal Advisory Committee Act.-- (1) In general.--Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Commission under this Act. (2) Exception.--Section 14(a)(2) of such Act shall not apply to the Commission. SEC. 9. DESIGNATION OF NATIONAL WORLD WAR I MEMORIALS. (a) Designation of the National World War I Museum and Memorial, Missouri.-- (1) In general.--The Liberty Memorial of Kansas City at the America's National World War I Museum in Kansas City, Missouri, is designated as the ``National World War I Museum and Memorial''. (2) Ceremonies.--The Commission may plan, develop, and execute ceremonies to rededicate the Liberty Memorial of Kansas City as the National World War I Museum and Memorial. (b) Designation of the District of Columbia and National World War I Memorial.-- (1) Designation.--The District of Columbia War Memorial in Washington, DC, is designated as the ``District of Columbia and National World War I Memorial''. (2) Ceremonies.--The Commission may plan, develop, and execute ceremonies to rededicate the District of Columbia War Memorial as the District of Columbia and National World War I Memorial. (3) Authority to establish commemorative work.-- (A) In general.--The World War I Memorial Foundation may establish a commemorative work at the site of the District of Columbia and National World War I Memorial consisting of an appropriate sculptural or other commemorative element reflecting the national character of the memorial. (B) Requirements.--Any commemorative work established under subparagraph (A) shall complement and preserve the memorial (including the landscape of the memorial), as in existence on the date of enactment of this Act. (4) Compliance with standards for commemorative works; location of memorial.-- (A) In general.--Subject to subparagraph (B), the rededication of the District of Columbia and National World War I Memorial shall be in accordance with chapter 89 of title 40, United States Code. (B) Congressional finding.--Congress finds that because this Act authorizes the rededication and related enhancement of a commemorative work that, as of the date of enactment of this Act, is in existence and is sited within the Reserve (as defined in section 8902(a)(3) of title 40, United States Code), the provisions regarding site approval and location of commemorative works under sections 8905 and 8908(c) of title 40, United States Code, do not apply to this Act. (5) Deposit of excess funds.--The World War I Memorial Foundation shall transmit to the Secretary of the Treasury for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code-- (A) any funds that remain after payment of all expenses incurred in the rededication of the memorial (including payment of the amount for maintenance and preservation required under section 8906(b) of that title); or (B) any funds that remain for the commemorative work authorized under subsection (a) on expiration of the authority for the commemorative work under section 8903(e) of that title. SEC. 10. EFFECTIVE DATE. This Act takes effect on the date that is 90 days after the date of enactment of this Act.

Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans; and (5) develop commemoration recommendations for Congress and the President. Designates: (1) the Liberty Memorial of Kansas City in Kansas City, Missouri, as the National World War I Museum and Memorial; and (2) the District of Columbia War Memorial in Washington, D.C., as the District of Columbia and National World War I Memorial (Memorial). Authorizes the World War I Memorial Foundation to establish a commemorative work at the Memorial Site.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Rights Implementation Act of 2000''. SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES. Section 1343 of title 28, United States Code, is amended by adding at the end the following: ``(c) Whenever a district court exercises jurisdiction under subsection (a) in an action in which the operative facts concern the uses of real property, it shall not abstain from exercising or relinquish its jurisdiction to a State court in an action in which no claim of a violation of a State law, right, or privilege is alleged, if a parallel proceeding in State court arising out of the same operative facts as the district court proceeding is not pending. ``(d) If the district court has jurisdiction over an action under subsection (a) in which the operative facts concern the uses of real property and which cannot be decided without resolution of an unsettled question of State law, the district court may certify the question of State law to the highest appellate court of that State. After the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits. The district court shall not certify a question of State law under this subsection unless the question of State law-- ``(1) will significantly affect the merits of the injured party's Federal claim; and ``(2) is patently unclear. ``(e)(1) Any claim or action brought under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. ``(2)(A) For purposes of this subsection, a final decision exists if-- ``(i) any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, makes a definitive decision, as described in clauses (ii) and (iii), regarding the extent of permissible uses on the property that has been allegedly infringed or taken; ``(ii)(I) one meaningful application, as defined by applicable law, to use the property has been submitted but has been disapproved without a written explanation as described in subclause (II), and the party seeking redress has applied for one appeal and one waiver which has been disapproved, in a case in which the applicable statute, ordinance, custom, or usage provides a mechanism for appeal to or waiver by an administrative agency; or ``(II) one meaningful application, as defined by applicable law, to use the property has been submitted but has been disapproved, and the disapproval explains in writing the use, density, or intensity of development of the property that would be approved, with any conditions therefor, and the party seeking redress has resubmitted another meaningful application taking into account the terms of the disapproval, except that-- ``(aa) if no such reapplication is submitted, then a final decision shall not have been reached for purposes of this subsection, except as provided in subparagraph (B); and ``(bb) if the reapplication is disapproved, or if the reapplication is not required under subparagraph (B), then a final decision exists for purposes of this subsection if the party seeking redress has applied for one appeal and one waiver with respect to the disapproval, which has been disapproved, in a case in which the applicable statute, ordinance, custom, or usage provides a mechanism of appeal to or waiver by an administrative agency; and ``(iii) if the applicable statute or ordinance provides for review of the case by elected officials, the party seeking redress has applied for but is denied such review, or is allowed such review and the meaningful application is disapproved. ``(B) The party seeking redress shall not be required to apply for an appeal or waiver described in subparagraph (A) if no such appeal or waiver is available, if it cannot provide the relief requested, or if the application or reapplication would be futile. ``(3) For purposes of clauses (ii) and (iii) of paragraph (2), the failure to act within a reasonable time on any application, reapplication, appeal, waiver, or review of the case shall constitute a disapproval. ``(4) For purposes of this subsection, a case is ripe for adjudication even if the party seeking redress does not exhaust judicial remedies provided by any State or territory of the United States. ``(f) Nothing in subsection (c), (d), or (e) alters the substantive law of takings of property, including the burden of proof borne by the plaintiff.''. SEC. 3. UNITED STATES AS DEFENDANT. Section 1346 of title 28, United States Code, is amended by adding at the end the following: ``(h)(1) Any claim brought under subsection (a) that is founded upon a property right or privilege secured by the Constitution, but was allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States, that causes actual and concrete injury to the party seeking redress. ``(2) For purposes of this subsection, a final decision exists if-- ``(A) the United States makes a definitive decision, as defined in subparagraph (B), regarding the extent of permissible uses on the property that has been allegedly infringed or taken; and ``(B) one meaningful application, as defined by applicable law, to use the property has been submitted but has been disapproved, and the party seeking redress has applied for one appeal or waiver which has been disapproved, in a case in which the applicable law of the United States provides a mechanism for appeal to or waiver by an administrative agency. The party seeking redress shall not be required to apply for an appeal or waiver described in subparagraph (B) if no such appeal or waiver is available, if it cannot provide the relief requested, or if application or reapplication to use the property would be futile. ``(3) For purposes of paragraph (2), the United States' failure to act within a reasonable time on any application, appeal, or waiver shall constitute a disapproval. ``(4) Nothing in this subsection alters the substantive law of takings of property, including the burden of proof borne by the plaintiff.''. SEC. 4. JURISDICTION OF COURT OF FEDERAL CLAIMS. Section 1491(a) of title 28, United States Code, is amended by adding at the end the following: ``(3) Any claim brought under this subsection founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States, that causes actual and concrete injury to the party seeking redress. For purposes of this paragraph, a final decision exists if-- ``(A) the United States makes a definitive decision, as described in subparagraph (B), regarding the extent of permissible uses on the property that has been allegedly infringed or taken; and ``(B) one meaningful application, as defined by applicable law, to use the property has been submitted but has been disapproved, and the party seeking redress has applied for one appeal or waiver which has been disapproved, in a case in which the applicable law of the United States provides a mechanism for appeal or waiver. The party seeking redress shall not be required to apply for an appeal or waiver described in subparagraph (B) if no such appeal or waiver is available, if it cannot provide the relief requested, or if application or reapplication to use the property would be futile. For purposes of subparagraph (B), the United States' failure to act within a reasonable time on any application, appeal, or waiver shall constitute a disapproval. Nothing in this paragraph alters the substantive law of takings of property, including the burden of proof borne by the plaintiff.''. SEC. 5. DUTY OF NOTICE TO OWNERS. Whenever a Federal agency takes an agency action limiting the use of private property that may be affected by the amendments made by this Act, the agency shall, not later than 30 days after the agency takes that action, give notice to the owners of that property explaining their rights under such amendments and the procedures for obtaining any compensation that may be due to them under such amendments. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to actions commenced on or after the date of the enactment of this Act. Passed the House of Representatives March 16, 2000. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morrison, Deputy Clerk.

Specifies that: (1) if the district court has jurisdiction over such an action in which the operative facts concern the uses of real property and which cannot be decided without resolution of an unsettled question of State law, it may certify the State law question to the highest appellate court of that State; and (2) after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits. Prohibits the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and such question is patently unclear.Declares that any claim or action brought under provisions regarding civil actions for deprivation of rights to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage of any State or territory of the United States that causes actual and concrete injury to the party seeking redress.Sets forth provisions regarding what constitutes a "final decision." Specifies that: (1) the party seeking redress shall not be required to apply for an appeal or waiver if no such appeal or waiver is available, if it cannot provide the relief requested, or if the application or re-application would be futile; (2) the failure to act within a reasonable time on any application, re-application, appeal, waiver, or review of the case shall constitute a disapproval; and (3) a case is ripe for adjudication even if the party seeking redress does not exhaust judicial remedies provided by any State or territory of the United States.(Sec. 3) Declares that any claim brought under provisions regarding the United States as a defendant, or under provisions regarding jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress.(Sec. 5) Requires a Federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, not later than 30 days after the agency takes that action, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``No Substitute for Quality Teaching Demonstration Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Each day about 5 million children walk into 274,000 classrooms nationwide and find a substitute teacher. Students will spend the equivalent of one full year with a substitute teacher before they graduate from high school. (2) Virtually every State in the country is facing a substitute teacher shortage, a problem that has been exacerbated by increased demand for professional development opportunities for teachers. (3) In 73 percent of school districts, there is an immediate, urgent need for substitute teachers. (4) Nationwide, substitute teacher salaries average only $65 per day. In rural areas, rates are often as low as $40. Rarely do substitutes receive benefits. (5) This shortage is likely to grow to a crisis level within the next 10 years, as an acute shortage of substitute teachers develops because an unprecedented number of children will enter our schools. (6) The substitute teacher shortage has lead schools to relax their requirements and hire substitute teachers that are often underqualified. In all but one State, substitute teachers need no teaching certification. (7) In 28 States, principals may hire anyone with a high school diploma or a general equivalency diploma (GED) who is age 18 years or older. (8) Nearly 12 percent of districts do not require substitute teachers to fill out a job application. (9) Over half (56 percent) of school districts never have a face-to-face interview with potential substitutes. (10) In 30 percent of all school districts, no background checks are conducted on applicants for substitute teaching positions, and only half the districts check applicants' references. (11) Poorly trained substitute teachers have a negative impact on student academic performance. (12) States with lower academic achievement are twice as likely to allow less qualified substitutes in the classroom. Nine out of the ten lowest-ranked States in National Assessment of Educational Progress (NAEP) testing allowed substitute teachers with only a high school diploma to teach in their schools. In each of those States, education spending is thousands of dollars below the national average. (13) Of the top 25 States in education spending, 9 require at least a college degree for substitute teachers. (14) In 77 percent of school districts across the country, substitute teachers are given no training at all. (15) Alleviating the substitute teacher crisis would free up precious time for other teachers to spend in professional development programs. SEC. 3. DEMONSTRATION GRANT PROGRAM AUTHORIZED. Subject to the availability of appropriations, the Secretary of Education shall establish a competitive demonstration grant program to provide grants for a single academic year directly to not fewer than 50 nor more than 100 local educational agencies (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965), or to regional consortia of such agencies acting together, that vary geographically and socioeconomically, to enable such agencies or consortia to experiment with ways to alleviate the substitute teacher shortage described in section 2. SEC. 4. SELECTION OF GRANT RECIPIENTS. In selecting grant recipients under section 3, the Secretary of Education shall select applicants that, collectively, will explore a range of options for addressing the substitute teacher shortage, such as-- (1) developing a public relations campaign targeted at likely substitute teacher candidates (such as retired teachers); (2) establishing permanent substitute teacher pools; (3) addressing issues that hinder the ability of administrators to find qualified substitute teachers; or (4) increasing the availability of content and skills training for substitute teachers. SEC. 5. REPORT TO CONGRESS. Not later than 1 year after the date the last grant made under section 3 expires, the Secretary of Education shall submit a report to the Congress describing the findings and results of the demonstration program under this Act, including-- (1) the programs or methods that best alleviated the substitute teacher shortage, and where those programs or methods worked best; and (2) the impact of economic conditions on the quality and availability of substitute teachers. SEC. 6. RULEMAKING AUTHORITY. The Secretary of Education may prescribe rules to carry out this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $5,000,000 for fiscal year 2003.

No Substitute for Quality Teaching Demonstration Act - Directs the Secretary of Education to establish a competitive demonstration grant program to provide grants for a single academic year directly to between 50 and 100 local educational agencies, or to regional consortia of such agencies acting together, that vary geographically and socioeconomically, to enable them to experiment with ways to alleviate the substitute teacher shortage.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Chronic Wasting Disease State Support Act of 2002''. SEC. 2. DEFINITION OF CHRONIC WASTING DISEASE. In this Act, the term ``chronic wasting disease'' means the animal disease afflicting deer and elk that-- (1) is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and (2) belongs to the group of diseases known as transmissible spongiform encephalopathies, which group includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob disease. SEC. 3. FINDINGS. Congress finds the following: (1) Pursuant to State and Federal law, the States retain undisputed primacy and policy-making authority with regard to wildlife management, and nothing in this Act interferes with or otherwise affects the primacy of the States in managing wildlife generally, or managing, surveying, and monitoring the incidence of chronic wasting disease. (2) Chronic wasting disease, the fatal neurological disease found in cervids, is a fundamental threat to the health and vibrancy of deer and elk populations, and the increased occurrence of chronic wasting disease in regionally diverse locations in recent months necessitates an escalation in research, surveillance, monitoring, and management activities focused on containing, managing, and eradicating this lethal disease. (3) As the States move to manage existing incidence of chronic wasting disease and insulate non-infected wild and captive cervid populations from the disease, the Federal Government should endeavor to provide integrated and holistic financial and technical support to these States. (4) In its statutory role as supporting agent, relevant Federal agencies should provide consistent, coherent, and integrated support structures and programs for the benefit of State wildlife and agricultural administrators, as chronic wasting disease can move freely between captive and wild cervids across the broad array of Federal, State, and local land management jurisdictions. (5) The Secretary of the Interior, the Secretary of Agriculture, and other affected Federal authorities can provide consistent, coherent, and integrated support systems under existing legal authorities. TITLE I--DEPARTMENT OF THE INTERIOR ACTIVITIES SEC. 101. COMPUTER MODELING OF DISEASE SPREAD IN WILD CERVID POPULATIONS. (a) Modeling Program Required.--The Secretary of the Interior shall establish a modeling program to predict the spread of chronic wasting disease in wild deer and elk in the United States. (b) Role.--Computer modeling shall be used to identify areas of potential disease concentration and future outbreak and shall be made available for the purposes of targeting public and private chronic wasting disease control efforts. (c) Data Integration.--Information shall be displayed in a GIS format to support management use of modeling results, and shall be displayed integrated with the following: (1) Land use data. (2) Soils data. (3) Elevation data. (4) Environmental conditions data. (5) Wildlife data. (6) Other data as appropriate. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $1,000,000 under this section. SEC. 102. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF CHRONIC WASTING DISEASE IN WILD HERDS OF DEER AND ELK. (a) Program Development.--Using existing authorities, the Secretary of the Interior, acting through the United States Geological Survey, shall conduct a surveillance and monitoring program on Federal lands managed by the Secretary to identify-- (1) the incidence of chronic wasting disease infection in wild herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) potential reservoirs of infection and vectors promoting the spread of the disease. (b) Tribal Assistance.--In developing the surveillance and monitoring program for wild herds on Federal lands, the Secretary of the Interior shall provide assistance to tribal governments or tribal government entities responsible for managing and controlling chronic wasting disease in wildlife on tribal lands. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $3,000,000 to establish and support the surveillance and monitoring program. TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES SEC. 201. NATIONAL REPOSITORY OF INFORMATION REGARDING CHRONIC WASTING DISEASE. (a) Information Repository.--The United States Department of Agriculture, using existing authorities, shall develop and maintain an interactive, Internet-based web site that displays-- (1) surveillance and monitoring program data regarding chronic wasting disease in both wild and captive cervid populations and other wildlife that are collected by the Department of Agriculture, the Department of the Interior, other Federal agencies, and State agencies assisted under this Act; (2) modeling information regarding the spread of chronic wasting disease in the United States; and (3) other relevant information regarding chronic wasting disease received from other sources. (b) Information Sharing Policy.--The national repository shall be available as a resource for Federal and State agencies responsible for managing and controlling chronic wasting disease and for institutions of higher education and other public or private research entities conducting research regarding chronic wasting disease. Data from the repository shall be made available to other Federal agencies, State agencies and the general public upon request. SEC. 202. SAMPLING AND TESTING PROTOCOLS. (a) Sampling Protocol.--Within 30 days of enactment of this Act, the Secretary of Agriculture shall release guidelines for the use by Federal, State, tribal and local agencies for the collection of animal tissue to be tested for chronic wasting disease. Guidelines shall include, at a minimum, procedures for the collection and stabilization of tissue samples for transport for laboratory assessment. Such guidelines shall be updated as necessary. (b) Testing Protocol.--Within 30 days of enactment of this Act, the Secretary of Agriculture shall release a protocol to be used in the laboratory assessment of samples of animal tissue that may be contaminated with chronic wasting disease. (c) Laboratory Certification.--Within 45 days of enactment of this Act, the Secretary of Agriculture shall develop a program for the inspection and certification of Federal and non-Federal laboratories conducting chronic wasting disease tests. (d) Development of New Tests.--The Secretary of Agriculture shall accelerate research into the development of live animal tests for chronic wasting disease, including field diagnostic tests, and the development of testing protocols that reduce laboratory test processing time. SEC. 203. ERADICATION OF CHRONIC WASTING DISEASE IN HERDS OF DEER AND ELK. (a) Captive Herd Program Development.--The Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall develop a program to identify the rate of chronic wasting disease infection in captive herds of deer and elk, the cause and extent of the spread of the disease, and potential reservoirs of infection and vectors promoting the spread of the disease. (1) Implementation.--The Secretary of Agriculture shall provide financial and technical assistance to States and tribal governments to implement surveillance and monitoring program for captive herds. (2) Cooperation.--In developing the surveillance and monitoring program for captive herds, the Secretary of Agriculture shall cooperate with State agencies responsible for managing and controlling chronic wasting disease in captive wildlife. Grantees under this section shall submit to the Secretary of Agriculture a plan for monitoring chronic wasting disease in captive wildlife and reducing the risk of disease spread through captive wildlife transport. As a condition of awarding aid under this section, the Secretary of Agriculture may prohibit or restrict the-- (A) movement in interstate commerce of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of chronic wasting disease; and (B) use of any means of conveyance or facility in connection with the movement in interstate commerce of any animal or article if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of chronic wasting disease. (3) Coordination.--The Secretary of Agriculture, in cooperation with the Secretary of the Interior, shall establish uniform standards for the collection and assessment of samples and data derived from the surveillance and monitoring program. (b) Wild Herd Program.--The Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall, consistent with existing authority, assist States in reducing the incidence of chronic wasting disease infection in wild herds of deer and elk. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $2,000,000 to conduct activities under this section. SEC. 204. EXPANSION OF DIAGNOSTIC TESTING CAPACITY. (a) Purpose.--Diagnostic testing will continue to be conducted on samples collected under the surveillance and monitoring programs regarding chronic wasting disease conducted by the States and the Federal Government, including the programs required by this Act, but current laboratory capacity is inadequate to process the anticipated sample load. (b) Upgrading of Federal Facilities.--The Secretary of Agriculture shall provide for the upgrading of Federal laboratories to facilitate the timely processing of samples from the surveillance and monitoring programs required by this Act and related epidemiological investigation in response to the results of such processing. (c) Upgrading of Certified Laboratories.--Using the grant authority provided under section 2(d) of the Competitive, Special and Facilities Research Grant Act (7 U.S.C. 450i(d)), the Secretary of Agriculture shall make grants to provide for the upgrading of laboratories certified by the Secretary to facilitate the timely processing of samples from surveillance and monitoring programs and related epidemiological investigation in response to the results of such processing. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $7,500,000 to carry out this section. SEC. 205. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH. (a) Expansion.--The Secretary of Agriculture, acting through the Agricultural Research Service, shall expand and accelerate basic research on chronic wasting disease, including research regarding detection of chronic wasting disease, genetic resistance, tissue studies, and environmental studies. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $1,000,000 to carry out this section. SEC. 206. EXPANSION OF COOPERATIVE STATE RESEARCH, EDUCATION AND EXTENSION SERVICE SUPPORTED RESEARCH AND EDUCATION. (a) Research Efforts.--The Secretary of Agriculture, acting through the Cooperative State Research, Education and Extension Service, shall expand the grant program regarding research on chronic wasting disease. (b) Educational Efforts.--The Secretary of Agriculture shall provide educational outreach regarding chronic wasting disease to the general public, industry and conservation organizations, hunters, and interested scientific and regulatory communities. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture-- (1) $3,000,000 to carry out subsection (a); and (2) $1,000,000 to carry out subsection (b). TITLE III--GENERAL PROVISIONS SEC. 301. INTERAGENCY COORDINATION. (a) In General.--Within 60 days of enactment after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior, shall enter into a cooperative agreement for the purpose of coordinating actions and disbursing funds authorized under section 302 of this title to prevent the spread of chronic wasting disease and related diseases in the United States. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretaries shall submit to Congress a report that-- (1) describes actions that are being taken, and will be taken, to prevent the further outbreak of chronic wasting disease and related diseases in the United States; and (2) contains any additional recommendations for additional legislative and regulatory actions that should be taken to prevent the spread of chronic wasting disease in the United States. SEC. 302. INTERAGENCY GRANTS FOR STATE AND TRIBAL EFFORTS TO MANAGE CHRONIC WASTING DISEASE IN WILDLIFE. (a) Availability of Assistance.--As a condition of the cooperative agreement described in section 301, the Secretary of Agriculture and the Secretary of the Interior shall develop a grant program to allocate funds appropriated to carry out this section directly to the State agency responsible for wildlife management in each State that petitions the Secretary for a portion of such fund to develop and implement long term management strategies to address chronic wasting disease in wildlife. (b) Funding Priorities.--In determining the amounts to be allocated to grantees under subsection (a), priority shall be given based on the following criteria: (1) Relative scope of incidence of chronic wasting disease in the State, with priority given to those jurisdictions with the highest incidence of the disease. (2) Expenditures on chronic wasting disease management, monitoring, surveillance, and research, with priority given to those States and tribal governments that have shown the greatest financial commitment to managing, monitoring, surveying, and researching chronic wasting disease. (3) Comprehensive and integrated policies and programs focused on chronic wasting disease management between involved State wildlife and agricultural agencies and tribal governments, with priority given to grantees that have integrated the programs and policies of all involved agencies related to chronic wasting disease management. (4) Rapid response to new outbreaks of chronic wasting disease, whether occurring in States in which chronic wasting disease is already found or States with first infections, with the intent of containing the disease in any new area of infection. (c) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 to carry out this subsection. SEC. 303. RULEMAKING. (a) Joint Rulemaking.--To ensure that the surveillance and monitoring programs and research programs required by this Act are compatible and that information collection is carried out in a manner suitable for inclusion in the national database required by section 201, the Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate rules to implement this Act. (b) Procedure.--The promulgation of the rules shall be made without regard to-- (1) chapter 35 of title 44, United States Code 13 (commonly know as the ``Paperwork Reduction Act''); (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) the notice and comment provisions of section 553 of title 5, United States Code. (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary of the Interior and the Secretary of Agriculture shall use the authority provided under section 808 of title 5, United States Code. (d) Relation to Other Rulemaking and Law.--The requirement for joint rulemaking shall not be construed to require any delay in the promulgation by the Secretary of Agriculture of rules regarding the interstate transportation of captive deer or elk or to effect any other rule or public law implemented by the Secretary of Agriculture or the Secretary of the Interior regarding chronic wasting disease before the date of the enactment of this Act.

Chronic Wasting Disease State Support Act of 2002 - Defines "chronic wasting disease" as a transmissible disease of the nervous system afflicting deer and elk. Directs the Secretary of the Interior to establish a modeling program to predict the spread of the disease.Directs the Secretary of the Interior (through the U.S. Geological Survey) to conduct a surveillance and monitoring program on Federal lands to identify: (1) the rate of infection in wild herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) areas promoting the disease.Directs the Secretary of Agriculture to develop and maintain a web site that displays surveillance and monitoring program data and modeling information.Directs the Secretary of Agriculture to develop: (1) guidelines for the collection of animal tissue samples; (2) a protocol to be used in the assessment of samples in the laboratory; and (3) a program for the inspection of laboratories conducting chronic wasting disease tests.Directs the Secretary of Agriculture (through the Animal and Plant Health Inspection Service) to develop a program to identify: (1) the rate of infection in captive herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) areas promoting the disease.Directs the Secretary of Agriculture: (1) to provide for the upgrading of Federal laboratories approved to process samples from the surveillance and monitoring programs.; and (2) expand and accelerate research on the disease through the Agricultural Research Service and Cooperative State Research grant program.Requires the Secretaries to enter a cooperative agreement and develop a grant program to allocate funds to State agencies responsible for wildlife management to develop and implement long term strategies to address the disease.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Equity and Access under the Law for Immigrant Women and Families Act of 2014'' or as the ``HEAL Immigrant Women and Families Act of 2014''. SEC. 2. FINDINGS. Congress finds as follows: (1) Insurance coverage reduces harmful health disparities by alleviating cost barriers to and increasing utilization of basic preventive health services, especially among low-income and underserved populations, and especially among women. (2) Based solely on their immigration status, many immigrants and their families face legal restrictions on their ability to obtain health insurance coverage through Medicaid, CHIP, and Health Insurance Exchanges. (3) Lack of health insurance contributes to persistent disparities in the prevention, diagnosis, and treatment of negative health outcomes borne by immigrants and their families. (4) Immigrant women are disproportionately of reproductive age, low-income, and lacking health insurance coverage. Legal barriers to affordable health insurance coverage therefore particularly exacerbate their risk of negative sexual, reproductive, and maternal health outcomes, with lasting health and economic consequences for immigrant women, their families, and society as a whole. (5) Denying coverage or imposing waiting periods for coverage unfairly hinders the ability of immigrants to take responsibility for their own health and economic well-being and that of their families. To fully and productively participate in society, access to health care is fundamental, which for women includes access to the services necessary to plan whether and when to have a child. (6) The population of immigrant families in the United States is expected to continue to grow. Indeed one in five children in the United States is part of an immigrant family. It is therefore in the nation's shared public health and economic interest to remove legal barriers to affordable health insurance coverage based on immigration status. SEC. 3. REMOVING BARRIERS TO HEALTH COVERAGE FOR LAWFULLY PRESENT INDIVIDUALS. (a) Medicaid.--Section 1903(v)(4) of the Social Security Act (42 U.S.C. 1396b(v)(4)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Notwithstanding sections 401(a), 402(b), 403, and 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, payment shall be made under this section for care and services that are furnished to aliens, including those described in paragraph (1), if they otherwise meet the eligibility requirements for medical assistance under the State plan approved under this title (other than the requirement of the receipt of aid or assistance under title IV, supplemental security income benefits under title XVI, or a State supplementary payment), and are lawfully present in the United States.''; (2) in subparagraph (B)-- (A) by striking ``a State that has elected to provide medical assistance to a category of aliens under subparagraph (A)'' and inserting ``aliens provided medical assistance pursuant to subparagraph (A)''; and (B) by striking ``to such category'' and inserting ``to such alien''; and (3) in subparagraph (C)-- (A) by striking ``an election by the State under subparagraph (A)'' and inserting ``the application of subparagraph (A)''; (B) by inserting ``or be lawfully present'' after ``lawfully reside''; and (C) by inserting ``or present'' after ``lawfully residing'' each place it appears. (b) CHIP.--Subparagraph (J) of section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended to read as follows: ``(J) Paragraph (4) of section 1903(v) (relating to lawfully present individuals).''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to services furnished on or after the date that is 90 days after such date of the enactment. (2) Exception if state legislation required.--In the case of a State plan for medical assistance under title XIX, or a State child health plan under title XXI, of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the respective State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 4. REMOVING BARRIERS TO HEALTH COVERAGE FOR INDIVIDUALS GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVALS. (a) In General.--For the purposes of eligibility under any of the provisions referred to in subsection (b), individuals granted deferred action under the Deferred Action for Childhood Arrivals process of the Department of Homeland Security, as described in the memorandum of the Secretary of Homeland Security on June 15, 2012, shall be considered lawfully present in the United States. (b) Provisions Described.--The provisions described in this subsection are the following: (1) Exchange eligibility.--Section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031). (2) Reduced cost-sharing eligibility.--Section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). (3) Premium subsidy eligibility.--Section 36B of the Internal Revenue Code of 1986. (4) Medicaid and chip eligibility.--Titles XIX and XXI of the Social Security Act, including under section 1903(v) of such Act (42 U.S.C. 1396b(v)). (c) Effective Date.-- (1) In general.--Subsection (a) shall take effect on the date of the enactment of this Act. (2) Transition through special enrollment period.--In the case of an individual described in subsection (a) who, before the first day of the first annual open enrollment period under subparagraph (B) of section 1311(c)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)) beginning after the date of the enactment of this Act, is granted deferred action described in subsection (a) and who, as a result of such subsection, qualifies for a subsidy described in paragraph (2) or (3) of such subsection, the Secretary of Health and Human Services shall establish a special enrollment period under section 1311(c)(6)(C) of such Act during which such individual may enroll in qualified health plans through Exchanges under title I of such Act and qualify for such a subsidy. For such an individual who has been granted deferred action as of the date of the enactment of this Act, such special enrollment period shall begin not later than 90 days after such date of enactment. Nothing in this paragraph shall be construed as affecting the authority of the Secretary to establish additional special enrollment periods under section 1311(c)(6)(C) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)(C)).

Health Equity and Access under the Law for Immigrant Women and Families Act of 2014 or the HEAL Immigrant Women and Families Act of 2014 - Amends titles XIX (Medicaid) and XXI (Children's Health Insurance) (CHIP) of the Social Security Act to extend Medicaid and CHIP coverage to aliens lawfully present in the United States. Makes individuals granted deferred action under the Deferred Action for Childhood Arrivals process eligible for: (1) health care exchanges and reduced cost sharing under the Patient Protection and Affordable Care Act, (2) premium subsidies under the Internal Revenue Code, and (3) Medicaid and CHIP.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Security Council Sanctions Enforcement Act''. SEC. 2. COUNTRIES VIOLATING UNITED NATIONS SANCTIONS. (a) Determination.-- (1) Imposition of sanctions.--If the President determines that the government of any foreign country is materially violating United Nations sanctions, the President shall impose the sanctions described in subsection (b) with respect to that country so long as such violation continues, except as otherwise provided in subsection (c)(2) and subsection (d). (2) Publication of determination.--Any determination under this subsection shall be published in the Federal Register. (b) Sanctions.--The sanctions to be imposed with respect to a country pursuant to subsection (a) are as follows: (1) Foreign assistance.--The United States Government shall terminate assistance to that country under the Foreign Assistance Act of 1961, except for assistance involving the provision of food and other humanitarian assistance. (2) Military assistance.--The United States Government shall terminate all foreign military financing for that country under the Arms Export Control Act. (3) Arms sales.--The United States Government shall terminate-- (A) sales to that country under the Arms Export Control Act of any defense article, defense service, or design and construction service, and (B) licenses for the export to that country of any item on the United States Munitions List. (4) Multilateral assistance.--The United States Government shall oppose the extension by any international financial institution of any loan or other financial or technical assistance to that country, except for assistance directed specifically to programs which serve the basic human needs of the people of that country. (5) Financial assistance.--The United States Government shall deny to that country any credit, credit guarantee, or other financial assistance by any department, agency, or instrumentality of the Government, except that this paragraph does not apply to-- (A) food or other humanitarian assistance, or (B) any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (relating to congressional oversight of intelligence activities). (6) Commercial credit.--The United States Government shall prohibit any United States depository institution (as defined in section 19(b) of the Federal Reserve Act) from making any loan or providing any credit to the government of that country, except for loans or credits for the purpose of purchasing food or other humanitarian items. (7) Exports.--The United States Government shall prohibit exports to that country of such goods and technology as the President may specify, except that-- (A) section 6(g) of the Export Administration Act of 1979 applies with respect to export controls pursuant to this paragraph, and (B) any prohibition under this paragraph shall not apply with respect to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (relating to congressional oversight of intelligence activities). (8) Imports.--The United States Government shall prohibit the entry into the customs territory of the United States of such articles as the President may specify that are growth, product, or manufacture of that country. (c) Consultation With and Actions by Foreign Government.-- (1) Consultations.--If the President makes a determination described in subsection (a) with respect to the government of a foreign country, the Congress urges the President to initiate consultations immediately with that government to encourage it to comply with the United Nations sanctions with respect to which that determination was made. (2) Actions by a foreign government.--In order to pursue such consultations, the President may delay imposition of sanctions pursuant to this section for up to 30 days. Following these consultations, the President shall impose sanctions unless the President determines and certifies to the Congress that that government has taken specific and effective actions to comply with the United Nations sanctions with respect to which the President made the determination under subsection (a). If the President determines and certifies to the Congress that that government is in the process of taking such actions, the President may delay the imposition of sanctions for up to an additional 30 days. (3) Report to congress.--Not later than 30 days after making a determination with respect to the government of a foreign country under subsection (a), the President shall submit to the Congress a report on the status of consultations pursuant to this subsection and on the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions. (d) Waiver.--A sanction which is required to be imposed against a country under subsection (b) shall not apply if the President determines and certifies to the Congress that the application of that sanction against such country would have a serious adverse effect on vital United States interests. The President shall transmit with such certification a statement setting forth the specific reasons for the President's determination. SEC. 3. PERSONS VIOLATING UNITED NATIONS SANCTIONS. (a) Determination.-- (1) Imposition of sanctions.--If the President determines that a person is materially violating United Nations sanctions, the President shall impose the sanctions described in subsection (c) on each sanctioned person for a period of 2 years, except as otherwise provided in subsection (d)(2) and subsection (e). (2) Publication of determination.--Any determination under this subsection shall be published in the Federal Register. (b) Advisory Opinions.--Upon the request of any person, the President may issue a written advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this section. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, shall not be made subject to such sanctions solely on account of such activity. (c) Sanctions.-- (1) In general.--The sanctions to be imposed pursuant to subsection (a) are as follows: (A) The United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person. (B) The United States Government shall not issue any license for any export by or to a sanctioned person. (C) The United States Government shall prohibit the entry into the customs territory of the United States of all articles that are growth, product, or manufacture of a sanctioned person. (2) Exceptions.--The President shall not be required to apply or maintain sanctions under this section with respect to the following: (A) Procurement or importation of defense articles or defense services-- (i) if the procurement or importation is under an existing contract or subcontract, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States; (ii) if the President determines that the sanctioned person is a sole source supplier of such articles or services, that such articles or services are essential, and that alternative sources are not readily or reasonably available; or (iii) if the President determines that such articles or services are essential to the national security under defense coproduction agreements. (B) Procurement or importation of spare parts or component parts (but not finished products) which are essential to United States products or production. (C) Procurement of routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available. (D) Procurement of, or importation of articles containing, information and technology essential to United States products or production. (E) Procurement, exports, or imports of products or services provided under contracts entered into before the date on which the President's determination is published in the Federal Register pursuant to subsection (a)(2). (F) Procurement, exports, or imports of food or other humanitarian items. (d) Consultation With and Actions by Foreign Government of Jurisdiction.-- (1) Consultations.--If the President makes a determination described in subsection (a) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions pursuant to this section. (2) Actions by government of jurisdiction.--In order to pursue such consultations with that government, the President may delay imposition of sanctions pursuant to this section for up to 90 days. Following these consultations, the President shall impose sanctions unless the President determines and certifies to the Congress that that government has taken specific and effective actions, including appropriate penalties, to terminate the involvement of the foreign person in the violations described in subsection (a). If the President determines and certifies to the Congress that that government is in the process of taking such actions, the President may delay the imposition of sanctions for up to an additional 90 days. (3) Report to congress.--Not later than 90 days after making a determination under subsection (a), the President shall submit to the Congress a report on the status of consultations with the appropriate government under this subsection and on the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions. (e) Waiver.-- (1) Criterion for waiver.--After the end of the 12-month period beginning on the date on which a sanction is imposed on a sanctioned person under this section, the President may waive the application of that sanction with respect to that person if the President determines and certifies to the Congress that the continued imposition of that sanction with respect to that person would have a serious adverse effect on vital United States interests. (2) Notification of and report to congress.--If the President decides to exercise the waiver authority provided in paragraph (1), the President shall so notify the Congress not less than 30 days before the waiver takes effect. Such notification shall include a report fully articulating the rationale and circumstances which led the President to exercise the waiver authority. SEC. 4. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Sanctioned person.--The term ``sanctioned person'' means-- (A) the person with respect to which the President makes the determination described in section 3(a); (B) any successor entity to that person; (C) any person that is a parent or subsidiary of that person if that parent or subsidiary materially and with requisite knowledge assisted in the activities which were the basis of that determination; and (D) any person that is an affiliate of that person if that affiliate materially and with requisite knowledge assisted in the activities which were the basis of that determination and if that affiliate is controlled in fact by that person. (2) United nations sanctions.--The term ``United Nations sanctions'' means measures that members of the United Nations have been called upon to apply by the United Nations Security Council, acting under article 41 of the Charter of the United Nations, in order to enforce decisions of the Security Council. (3) Violating united nations sanctions.--The term ``violating United Nations sanctions''-- (A) in the case of the government of a foreign country, means failing to apply measures called for by the United Nations Security Council; and (B) in the case of person, means engaging in activities that are prohibited under United Nations sanctions, without regard to whether the foreign government with primary jurisdiction over those activities has applied the measures called for by the United Nations Security Council. SEC. 5. EFFECTIVE DATE. This Act applies with respect to violations of United Nations sanctions that occur on or after the date of enactment of this Act.

United Nations Security Council Sanctions Enforcement Act - Requires the President, if he determines that the government of any foreign country is materially violating United Nations sanctions, to: (1) terminate U.S. foreign assistance to the country, except for food or humanitarian assistance; (2) terminate foreign military financing, sales of defense articles or services, and issuance of licenses for exports of items on the United States Munitions List with respect to the country; (3) oppose international financial institution lending for the country, except assistance to serve basic human needs; (4) deny the country U.S. Government or commercial credit or other financial assistance, with exceptions; (5) prohibit exports of specified goods and technology to the country, with exceptions; and (6) prohibit imports of such country into the United States. Authorizes the President to delay sanctions upon certification to the Congress that a country is taking actions to comply with United Nations sanctions. Provides for waivers of sanctions if a sanction would have an adverse effect on U.S. interests. Requires the President, if he determines that a person is materially violating United Nations sanctions, to prohibit: (1) procurement of goods and services from such person; (2) the issuance of an export license by or to a sanctioned person; and (3) the entry into U.S. customs territory of articles that are the growth, product, or manufacture of a sanctioned person. Exempts the procurement or importation of specified defense articles or services, spare or component parts, essential articles, or humanitarian items from sanctions. Authorizes the President to delay or waive sanctions against a foreign person under the same conditions that apply to foreign countries. Includes within the definition of a "sanctioned person" any successor entity to the person or any affiliate, parent, or subsidiary if they assisted in activities which were the basis of determination under this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Oil-for-Food Accountability Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Allegations have been raised of substantial fraud and corruption in the administration of the Office of the Iraq Oil- for-Food Program of the United Nations. (2) The United Nations received 2.2 percent of the proceeds of the sale of the oil exported from Iraq under the oil-for- food program, representing approximately $1,400,000,000, to fund the administrative costs of the program. (3) The General Accounting Office estimates that during the period from 1997 through 2002, the former Iraqi regime received $10,100,000,000 in illegal revenues from the oil-for-food program, including $5,700,000,000 received from oil smuggled out of Iraq and $4,400,000,000 received from surcharges on oil sales and illicit commissions from suppliers exporting goods to Iraq. (4) Any illicit activity by United Nations officials, personnel, agents, or contractors, including entities that have entered into contracts under the oil-for-food program, is unacceptable and should be thoroughly investigated. (5) Documents in the files of the former Oil Ministry of Iraq indicate that Benon Sevan, the Executive Director of the oil-for-food program, and other senior United Nations officials may have been connected to an illicit scheme in which approximately 270 prominent foreign officials, business people, and political entities received the right to trade in Iraqi oil at below-market prices. (6) On April 21, 2004, the United Nations Security Council adopted Resolution 1538, which established a high-level inquiry into allegations regarding the administration of the oil-for- food program. The inquiry will be led by Paul Volcker, but the investigators will not have subpoena power. (7) The ability and credibility of the United Nations Security Council to act in matters of war and peace is threatened by the alleged influence of politically connected individuals, companies, and institutions of the permanent member states who received Iraqi oil contracts. (8) The ability and credibility of the United Nations to convey legitimacy to the new Government of Iraq and assist in the reconstruction of postwar Iraq is hampered by these allegations of United Nations corruption and mismanagement in the oil-for-food program. SEC. 3. OIL-FOR-FOOD PROGRAM DEFINED. In this Act, the term ``oil-for-food program'' means the program established and administered pursuant to United Nations Security Council Resolution 986 (April 14, 1995) and subsequent United Nations resolutions to permit the sale of petroleum products exported from Iraq and to use the revenue generated from such sale for humanitarian assistance. SEC. 4. PAYMENT OF UNITED STATES CONTRIBUTIONS FOR UNITED NATIONS REGULAR BUDGET CONTINGENT UPON PRESIDENTIAL CERTIFICATION OF UNITED NATIONS COOPERATION. (a) Withholding of Portion of Assessed Contributions.--Until the President submits to Congress a certification that satisfies the requirements described in subsection (b), amounts shall be withheld from amounts appropriated for contributions to international organizations as follows: (1) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2005, 10 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year. (2) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2006, 20 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year. (b) Certification.--The certification referred to in subsection (a) is a certification made by the President to Congress that-- (1) the United Nations has in effect procedures that provide the General Accounting Office access to all documents relating to the oil-for-food program so that the Comptroller General may perform nationally mandated reviews of United Nations operations; (2) the United Nations Secretary General has formally confirmed that the United Nations will not assert the inviolability of United Nations papers and internal records that concern the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program; (3) the United Nations Secretary General has authorized the release to the law enforcement authorities of any member state of the United Nations authentic copies of any document in the possession of the United Nations, including any document in the possession of a person who was engaged on a contract basis to provide goods or services to the United Nations, that in the judgment of the requesting authority directly or indirectly concerns the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program upon request by such law enforcement authority; (4) the United Nations has waived any immunity enjoyed by any United Nations official from the judicial process in the United States for any civil or criminal acts or omissions under Federal or State law that may have transpired within the jurisdiction of the United States in connection with the oil- for-food program; and (5) any United Nations official who benefitted financially from the oil-for-food program has reimbursed the Government of Iraq and any other entity affected by the illicit activity of such official the full amount that such official improperly received from the oil-for-food program.

United Nations Oil-for-Food Accountability Act of 2004 - Requires the withholding of certain FY 2005 and 2006 U.S. contributions to the United Nations (UN) until the President certifies that the UN is cooperating in the investigation of the United Nations Oil-for-Food Program.

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SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Estate Tax Elimination Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. REPEAL OF ESTATE, GIFT, AND GENERATION-SKIPPING TAXES. (a) In General.--Subtitle B is hereby repealed. (b) Effective Date.--The repeal made by subsection (a) shall apply to the estates of decedents dying, and gifts and generation-skipping transfers made, after the date of the enactment of this Act. SEC. 3. PRESERVATION OF STEP UP IN BASIS OF CERTAIN PROPERTY ACQUIRED FROM A DECEDENT. (a) In General.--Subsection (a) of section 1014 (relating to basis of property acquired from a decedent) is amended to read as follows: ``(a) Step up in Basis.-- ``(1) In general.--Except as otherwise provided in this section, the basis of property in the hands of a person acquiring the property from a decedent or to whom the property passed from a decedent shall, if not sold, exchanged, or otherwise disposed of before the decedent's death by such person, be the fair market value of the property at the date of the decedent's death. ``(2) Limitation.--The aggregate fair market value of property which may be taken into account under paragraph (1) shall not exceed the sum of-- ``(A) the aggregate basis of all property described in paragraph (1) in the hands of the decedent, plus ``(B) $2,800,000. ``(3) Allocation of amount.--The executor shall allocate the limitation under paragraph (2)(B) to the extent the aggregate fair market value exceeds the aggregate basis under paragraph (2). ``(4) Inflation adjustment of excepted amounts.--In the case of decedents dying in a calendar year after 2001, the dollar amount in paragraph (2)(B) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `2000' for `1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the nearest multiple of $10,000.''. (b) Regulations.--Section 1014 is amended by adding at the end the following new subsection: ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (c) Conforming Amendments.-- (1) Adjustment to basis.--Subsection (a) of section 1016 (relating to adjustments to basis) is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end the following: ``(28) to the extent provided in section 1014 (relating to step up in basis of certain property acquired from a decedent).''. (2) The heading for section 1014 is amended by striking ``basis of property'' and inserting ``step up in basis of certain property''. (3) The item relating to section 1014 in the table of sections for part II of subchapter O of chapter 1 is amended by striking ``Basis of property'' and inserting ``Step up in basis of certain property''. (d) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying after the date of the enactment of this Act. SEC. 4. CARRYOVER BASIS FOR CERTAIN PROPERTY ACQUIRED FROM A DECEDENT. (a) General Rule.--Part II of subchapter O of chapter 1 (relating to basis rules of general application) is amended by inserting after section 1021 the following new section: ``SEC. 1022. CARRYOVER BASIS FOR CERTAIN PROPERTY ACQUIRED FROM A DECEDENT. ``(a) Carryover Basis.--Except as otherwise provided in this section, the basis of carryover basis property in the hands of a person acquiring such property from a decedent shall be determined under section 1015. ``(b) Carryover Basis Property Defined.-- ``(1) In general.--For purposes of this section, the term `carryover basis property' means any property-- ``(A) which is acquired from or passed from a decedent who died after the date of the enactment of this section, and ``(B) which is not excluded pursuant to paragraph (2). The property taken into account under subparagraph (A) shall be determined under section 1014(b) without regard to subparagraph (A) of the last sentence of paragraph (9) thereof. ``(2) Certain property not carryover basis property.--The term `carryover basis property' does not include-- ``(A) any item of gross income in respect of a decedent described in section 691, and ``(B) any property for which basis is provided by section 1014.''. (b) Information Returns.-- (1) In general.--Subpart A of part III of subchapter A of chapter 61 (relating to information concerning persons subject to special provisions) is amended by adding after section 6039G the following: ``SEC. 6039H. INFORMATION REGARDING PROPERTY ACQUIRED FROM A DECEDENT. ``Every executor shall furnish the Secretary such information with property to which section 1014 or 1022 applies as the Secretary may by regulations prescribe.''. (2) Conforming amendment.--The table of sections for subpart A of part III of subchapter A of chapter 61 of such Code is amended by adding after the item relating to section 6039G the following: ``Sec. 6039H. Information regarding property acquired from a decedent.''. (c) Miscellaneous Amendments Related To Carryover Basis.-- (1) Capital gain treatment for inherited art work or similar property.-- (A) In general.--Subparagraph (C) of section 1221(a)(3) (defining capital asset) is amended by inserting ``(other than by reason of section 1022)'' after ``is determined''. (B) Coordination with section 170.--Paragraph (1) of section 170(e) (relating to certain contributions of ordinary income and capital gain property) is amended by adding at the end the following: ``For purposes of this paragraph, the determination of whether property is a capital asset shall be made without regard to the exception contained in section 1221(a)(3)(C) for basis determined under section 1022.''. (2) Definition of executor.--Section 7701(a) (relating to definitions) is amended by adding at the end the following: ``(47) Executor.--The term `executor' means the executor or administrator of the decedent, or, if there is no executor or administrator appointed, qualified, and acting within the United States, then any person in actual or constructive possession of any property of the decedent.''. (3) Clerical amendment.--The table of sections for part II of subchapter O of chapter 1 is amended by adding at the end the following new item: ``Sec. 1022. Carryover basis for certain property acquired from a decedent.''. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.

Estate Tax Elimination Act of 2001 - Amends the Internal Revenue Code to eliminate Federal estate, gift, and transfer taxes. Limits the aggregate step up basis of certain property acquired from a decedent to the aggregate basis of such property plus $2.8 million. Provides for an inflation adjustment.States that the basis for carryover basis property (as defined by this Act) shall be determined under the provision respecting the basis of property acquired by gifts or transfers in trust (section 1015). Describes noncarryover basis property. Directs an executor to provide the Secretary of the Treasury with related information.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Twenty-First Century Distance Learning Enhancement Act''. SEC. 2. EDUCATIONAL USE COPYRIGHT EXEMPTION. (a) Exemption of Certain Performances and Displays for Educational Uses.--Section 110 of title 17, United States Code, is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) except with respect to a work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or a performance or display that is given by means of a copy or phonorecord that is not lawfully made and acquired under this title, and the transmitting government body, accredited nonprofit educational institution, or nonprofit library knew or had reason to believe was not lawfully made and acquired, the performance of a nondramatic literary or musical work or reasonable and limited portions of any other work, or display of a work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission, if-- ``(A) the performance or display is made by, at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental body, an accredited nonprofit educational institution, or a nonprofit library; ``(B) the performance or display is directly related and of material assistance to the teaching content of the transmission; ``(C) the transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to-- ``(i) students officially enrolled in the course for which the transmission is made; or ``(ii) officers or employees of governmental bodies as a part of their official duties or employment; and ``(D) the transmitting body or institution-- ``(i) institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with, the laws of the United States relating to copyright, and provides notice to students that materials used in connection with the course may be subject to copyright protection; and ``(ii) in the case of digital transmissions-- ``(I) applies technological measures that, in the ordinary course of their operations, prevent-- ``(aa) retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session; and ``(bb) unauthorized further dissemination of the work in accessible form by such recipients to others; and ``(II) does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination;''; and (2) by adding at the end the following: ``In paragraph (2), the term `mediated instructional activities' with respect to the performance or display of a work by digital transmission under this section refers to activities that use such work as an integral part of the class experience, controlled by or under the actual supervision of the instructor and analogous to the type of performance or display that would take place in a live classroom setting. The term does not refer to activities that use, in 1 or more class sessions of a single course, such works as textbooks, course packs, or other material in any media, copies or phonorecords of which are typically purchased or acquired by the students in higher education for their independent use and retention or are typically purchased or acquired for elementary and secondary students for their possession and independent use. ``For purposes of paragraph (2), accreditation-- ``(A) with respect to an institution providing post-secondary education, shall be as determined by a regional or national accrediting agency recognized by the Council on Higher Education Accreditation or the United States Department of Education; and ``(B) with respect to an institution providing elementary or secondary education, shall be as recognized by the applicable state certification or licensing procedures. ``For purposes of paragraph (2), no governmental body, accredited nonprofit educational institution, or nonprofit library shall be liable for infringement by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material as authorized under paragraph (2). No such material stored on the system or network controlled or operated by the transmitting body or institution under this paragraph shall be maintained on such system or network in a manner ordinarily accessible to anyone other than anticipated recipients. No such copy shall be maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary to facilitate the transmissions for which it was made.''. (b) Ephemeral Recordings.-- (1) In general.--Section 112 of title 17, United States Code, is amended-- (A) by redesignating subsection (f) as subsection (g); and (B) by inserting after subsection (e) the following: ``(f)(1) Notwithstanding the provisions of section 106, and without limiting the application of subsection (b), it is not an infringement of copyright for a governmental body, nonprofit educational institution, or nonprofit library entitled under section 110(2) to transmit a performance or display to make copies or phonorecords of a work that is in digital form and, solely to the extent permitted in paragraph (2), of a work that is in analog form, embodying the performance or display to be used for making transmissions authorized under section 110(2), if-- ``(A) such copies or phonorecords are retained and used solely by the body or institution that made them, and no further copies or phonorecords are reproduced from them, except as authorized under section 110(2); and ``(B) such copies or phonorecords are used solely for transmissions authorized under section 110(2). ``(2) This subsection does not authorize the conversion of print or other analog versions of works into digital formats, except that such conversion is permitted hereunder, only with respect to the amount of such works authorized to be performed or displayed under section 110(2), if-- ``(A) no digital version of the work is available to the institution; or ``(B) the digital version of the work that is available to the institution is subject to technological protection measures that prevent its use for section 110(2).''. (2) Technical and conforming amendment.--Section 802(c) of title 17, United States Code, is amended in the third sentence by striking ``section 112(f)'' and inserting ``section 112(g)''.

Twenty-First Century Distance Learning Enhancement Act - Revises Federal copyright law to extend the exemption from infringement liability for instructional broadcasting to: (1) digital distance learning or distance education; and (2) nonprofit libraries (as well as governmental bodies and accredited nonprofit educational institutions, as at present). Excludes from such exemption (thus subjecting to infringement liability) any work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or a performance or display given by means of a copy or phonorecord that is not lawfully made and acquired, and the transmitting government body, accredited nonprofit educational institution, or nonprofit library knew or had reason to believe was not lawfully made and acquired. Allows under specified instructional conditions the performance and display of reasonable and limited portions of any copyrighted work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission.Exempts from infringement liability, under specified conditions, governmental bodies, accredited nonprofit educational institutions, and nonprofit libraries by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material.Extends the current ephemeral recording exemption, under specified conditions, to copies or phonorecords embodying a performance or display in digital and analog form for use in making transmissions authorized by this Act.

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SECTION 1. CREDIT FOR DONATION OF LICENSE AND OTHER ASSETS OF COMMERCIAL RADIO BROADCASTING STATIONS TO NONPROFIT CORPORATIONS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to general business credits) is amended by adding at the end the following new section: ``SEC. 45E. CREDIT FOR DONATION OF LICENSE AND OTHER ASSETS OF COMMERCIAL RADIO BROADCASTING STATION TO CERTAIN NONPROFIT CORPORATIONS. ``(a) Radio Broadcasting Station Donation Credit.--For purposes of section 38, the radio broadcasting station donation credit is an amount equal to the sum of-- ``(1) 125 percent of the fair market value of a radio broadcasting commercial license which is donated to a qualified recipient, ``(2) 100 percent of the fair market value of any radio broadcasting station assets, including equipment and other real property owned by the station, which are donated to the same qualified recipient, and ``(3) the total amount deposited into an operations escrow fund established by the donor of the license and assets during the taxable year. ``(b) Qualified Recipient.--For purposes of this section, a qualified recipient is an entity which-- ``(1) is a corporation described in section 501(c)(3) which is exempt from taxation under section 501(a), ``(2) agrees to operate the radio broadcasting station being donated to it as a for-profit venture, with profits dedicated to the support of non-profit fine arts and performing arts organizations in its service area, ``(3) has at least 3 arts organizations from its service area on its board of trustees, or on a board of trustees of a subsidiary established to oversee operation of the radio broadcasting station, ``(4) agrees that, in the event that it ceases operation of the radio broadcasting station-- ``(A) it will not sell the station to a for-profit broadcaster under any circumstances, and ``(B) it will either-- ``(i) transfer the license to another corporation described in section 501(c)(3) which is exempt from taxation under section 501(a) and which agrees to continue operation of the station for the support of nonprofit fine arts and performing arts organizations in its service area, or ``(ii) surrender the license to the Federal Communications Commission. ``(c) Operations Escrow Fund.-- ``(1) In general.--For purposes of this section, an operations escrow fund is a fund established by a taxpayer who has donated a radio broadcasting commercial license or radio broadcasting station assets to a qualified recipient for the purpose of covering operating expenses during the recipient's first year of operation of the radio broadcasting station if the station's revenues are not adequate to cover such expenses. An operations escrow fund may be established only if the qualified recipient is not able to meet the financial responsibility requirement of the Federal Communications Commission. ``(2) Recapture of credit for amounts remaining in escrow fund.--In any case in which there is an amount remaining in an operations escrow fund after the first year of operation of the radio broadcasting station for which the fund was established, such amount (not including any interest that accrued on the amount in the fund) shall be added to the tax imposed by this chapter on the taxpayer for the taxpayer's taxable year which includes the end of such first year of operation. ``(d) Special Rules in Case of Surrender of License to FCC.--If a qualified recipient surrenders its donated radio broadcasting license to the Federal Communications Commission, the Commission shall notify the donor of the license that the donor may, within 6 months after such notification, post a bond equal to the amount of the tax credit under subsection (a) that it received for donating the station, plus interest. After such a bond is posted, the donor may apply for the license. If the Commission approves the donor's application for the license, the bond shall be used in lieu of an auction fee. If the donor does not exercise its option within such six months, or waives its option earlier, the license shall be auctioned in the same manner as a new license. ``(e) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year.''. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(14) the radio broadcasting station donation credit determined under section 45E(a).''. (2) No carryback before effective date.--Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following new paragraph: ``(10) No carryback of section 45e credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to any credit determined under section 45E may be carried back to a taxable year beginning before January 1, 2000.''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45E. Credit for donation of license and other assets of commercial radio broadcasting stations to certain nonprofit corporations.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Amends the Internal Revenue Code to allow income tax credits to the owner of a commercial radio station donating the station's license and other assets (a 125 percent credit for the license and a 100 percent credit for the assets) to a tax-exempt organization which agrees to operate the radio broadcasting station being donated to it as a for-profit venture, with profits dedicated to the support of non-profit fine arts and performing arts organizations in its service area.

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SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Medical Technology, Public Health, and Innovation Act of 1997''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.). SEC. 2. FINDINGS; MISSIONS STATEMENT. (a) Findings.--The Congress finds the following: (1) While the United States appropriately puts a top priority on the regulation of medical technologies to ensure the safety and efficacy of medical technologies that are introduced into the marketplace, the administration of such regulatory effort is causing the United States to lose its leadership role in producing innovative, top-quality medical devices. (2) One of the key components of the medical device regulatory process that contributes to the United States losing its leadership role in medical device development is the inordinate amount of time it takes for medical technologies to be reviewed by the Food and Drug Administration. (3) The most important result of the United States losing its leadership role is that patients in the United States do not have access to new medical technology in a timely manner. (4) Delayed patient access to new medical technology results in lost opportunities to save lives, to reduce hospitalization and recovery time, and to improve the quality of life of patients. (5) The economic benefits that the United States medical device industry, which is composed principally of smaller companies, has provided through growth in jobs and global trade are threatened by the slow and unpredictable regulatory process at the Food and Drug Administration. (6) The pace and predictability of the medical device regulatory process are in part responsible for the increasing tendency of United States medical device companies to shift research, product development, and manufacturing offshore, at the expense of American jobs, patients, and leading edge clinical research. (b) Mission Statement.--This legislation seeks to improve the timeliness, effectiveness, and predictability of the medical device approval process for the benefit of United States patients and the United States economy by-- (1) providing for the use of nationally and internationally recognized performance standards to assist the Food and Drug Administration in determining the safety and effectiveness of medical devices; (2) facilitating communication between medical device companies and the Food and Drug Administration; (3) targeting the use of Food and Drug Administration resources on medical devices that are likely to have serious adverse health consequences; and (4) requiring the Food and Drug Administration to determine the least costly, most efficient approach to reasonably assuring the safety and effectiveness of devices. SEC. 3. DEVICE PERFORMANCE STANDARDS. (a) Alternative Procedure.--Section 514 (21 U.S.C. 360d) is amended by adding at the end the following: ``recognition of a performance standard ``(c)(1)(A) The Secretary may, through publication in the Federal Register, issue notices identifying and listing nationally and internationally recognized performance standards for which persons may provide a certification of a device's conformity under paragraph (3) in order to meet the premarket submission requirements or other requirements under the Act to which the standards are applicable. ``(B) Any person may elect to utilize data other than data required by the standards described in subparagraph (A) to meet any requirement under the Act to which the standards are applicable. ``(2) The Secretary may remove from the list of standards described in paragraph (1) a standard that the Secretary determines is no longer appropriate for making determinations with respect to the regulation of devices. ``(3)(A) A person may provide a certification that a device conforms to an applicable standard listed under paragraph (1) to meet the requirements described in paragraph (1) and the Secretary shall accept such certification. ``(B) The Secretary may, at any time, request a person who submits a certification described in subparagraph (A) to submit the data or information that the person relied on in making the certification. ``(C) A person who submits a certification described in subparagraph (A) shall maintain the data and information upon which the certification was made for a period of 2 years after the submission of the certification or a time equal to the expected design life of a device, whichever is longer.''. (b) Section 301.--Section 301 (21 U.S.C. 331) is amended by adding at the end the following: ``(x) The falsification of a certification submitted under section 514(c)(3) or the failure or refusal to provide data or information requested by the Secretary under such section.''. (c) Section 501.--Section 501(e) (21 U.S.C. 351(e)) is amended by striking ``established'' and inserting ``established or listed''. SEC. 4. PREMARKET APPROVAL. (a) Application.--Section 515(c) (21 U.S.C. 360e(c)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (F), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (G), by striking ``require.'' and inserting ``require; and''; and (C) by adding at the end the following: ``(H) an identifying reference to any performance standard listed under section 514(c) that is applicable to such device.''. (2) by adding at the end the following: ``(3) The Secretary shall accept historical clinical data as a control for use in determining whether there is a reasonable assurance of safety and effectiveness of a device in a case in which the effects of the progression of a disease are clearly defined and well understood. ``(4) The Secretary may not require the sponsor of an application to conduct clinical trials for a device using randomized controls unless the controls-- ``(A) are necessary; ``(B) are scientifically and ethically feasible; and ``(C) other less burdensome and controls, such as historical controls, are not available to permit a determination of a reasonable assurance of safety and effectiveness.''. (b) Action on Application.--Section 515(d) (21 U.S.C. 360e(d)) is amended-- (1) in paragraph (1)(A)-- (A) by striking ``paragraph (2) of this subsection'' each place it appears and inserting ``paragraph (8)''; and (B) by adding at the end the following flush paragraph: ``In making a determination to approve or deny an application, the Secretary shall rely on the conditions of use proposed in the labeling of device as the basis for determining whether or not there is a reasonable assurance of safety and effectiveness. If, based on a fair evaluation of all material facts, the proposed labeling of the device is neither false nor misleading in any particular, the Secretary shall not consider conditions of use not included in such labeling in making the determination.''; (2) by redesignating paragraphs (2) and (3) as paragraphs (8) and (9), respectively; and (3) by inserting after paragraph (1) the following: ``(2) Each application received under subsection (c) shall be reviewed in a manner to achieve final action within the 180-day period described in subparagraph (A), and the 180-day period may not be altered for any reason without the written consent of an applicant. ``(3)(A) Not later than 100 days after the receipt of an application that has been filed by the Secretary because the application satisfies the content requirements of subsection (c)(1), the Secretary shall meet with the applicant and disclose each deficiency relating to the application that would preclude approval of the application under paragraph (1). ``(B) The applicant shall have the right to be informed in writing with respect to the information communicated to the applicant during the meeting. ``(4) To permit better treatment or better diagnoses of life- threatening or irreversibly debilitating diseases or conditions, the Secretary shall expedite the review for devices-- ``(A) representing breakthrough technologies; ``(B) offering significant advantages over existing approved alternatives; or ``(C) for which accelerated availability is in the best interest of the public health. ``(5) The Secretary shall complete the review of all supplemental applicants to an application approved under paragraph (1) that do not contain clinical data within 90 days after the receipt of a supplemental that has been accepted for filing.'' ``(6)(A) A supplemental application shall be required for any change to a device subject to an approved application under this subsection if the change affects safety or effectiveness, unless the change is a modification in a manufacturing procedures or method of manufacturing and the holder of an approved application submits a notice to the Secretary that describes the change and informs the Secretary that the change has been made under the requirements of section 520(f). ``(B)(i) In reviewing a supplement to an approved application for an incremental change to the design of a device that affects safety or effectiveness, the Secretary shall approve the supplement if-- ``(I) nonclinical data demonstrate that a design modification creates the intended additional capacity, function, or performance of the device; and ``(II) clinical data from the approved application and any supplements to the approved application provide a reasonable assurance of safety and effectiveness. ``(ii) The Secretary may require, when necessary, additional clinical data to evaluate the design modification to provide a reasonable assurance of safety and effectiveness. ``(7) Any representation in promotional materials for a device subject to an approved application under this subsection shall not be subject to premarket approval under this section, unless such representations establish new conditions of use. Any representations made in promotional materials for devices subject to an approved application shall be supported by appropriate data or information that can substantiate the representations at the time such representations are made.''. (c) Withdrawal or Temporary Suspension of Approval of Application.--Section 5155(e)(1) (21 U.S.C. 360e(1)) is amended in subparagraph (G) by inserting after the word ``effect'' the words ``or listed.'' SEC. 5. PREMARKET NOTIFICATION. (a) Exemption of Certain Devices.--Section 510 (21 U.S.C. 360) is amended-- (1) in subsection (k), by striking ``intended for human use'' and inserting ``intended for human use (except a device that is classified into class I under section 513 or 520 or a device that is classified into class II under section 513 or 520, and is exempt from the requirements of this subsection under subsection (l))''; (2) by adding at the end of subsection (k) (as amended by paragraph (1)) the following flush sentence: ``The Secretary shall review the notification required by this subsection and make a determination under section 513(f)(1)(A) within 90 days after receiving the notification.''; and (3) by adding at the end the following: ``(1)(A) Within 30 days after the date of enactment of this subsection, the Secretary shall develop and publish in the Federal Register a list of each type of class II device that does not require a report under subsection (k) to provide reasonable assurance of safety and effectiveness. Each type of class II device identified by the Secretary not to require the report shall be exempt from the requirement to file a report under subsection (k) as of the date of the publication of the list in the Federal Register. ``(B) Beginning on the date that is 1 day after the date of the publication of a list under this subsection, any person may petition the Secretary to exempt a type of class II device from the requirement of subsection (k). The Secretary shall respond to the petition within 120 days after the receipt of the petition and determine whether or not to grant the petition in whole or in part.''. (b) Special Rule Relating to Exemption of Class I Devices From 510(k) Notifications.--The exemption of a class I device from the notification requirement of section 510(k) shall not apply to a class I device that is life sustaining or life saving or that is intended to be implanted into the human body. SEC. 6. INVESTIGATIONAL DEVICE EXEMPTION. (a) Regulations.--Section 520(g) (21 U.S.C. 360j(g)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ``(4) The Secretary shall, within 120 days after the date of enactment of this paragraph, by regulation, amending the content of part 812 of title 21 of the Code of Federal Regulations, amend the procedures with respect to the approval of clinical studies under this subsection as follows: ``(A) The Secretary shall permit the sponsor of an investigation to meet with the Secretary prior to the submission of an application to develop a protocol for a clinical study subject to the regulation and require that the protocol be agreed upon in writing by the sponsor and the Secretary. ``(B)(i) The Secretary shall permit developmental changes to devices in response to information gathered during the course of an investigation without requiring an additional approval of an application for an investigational device exemption, or the approval of a supplement to the application, if the changes meet the following requirements: ``(I) The changes do not constitute a significant change in the design of the product or a significant change in basic principles of operation. ``(II) The changes do not adversely affect patient safety. ``(ii) The Secretary shall require that each such change shall be documented with information describing the change and the basis of the sponsor of application for concluding that the change does not constitute a significant change in design or operating principles, and that the change does not adversely affect patient safety.''. (b) Conforming Amendments.--Section 517(a)(7) (21 U.S.C. 360g(a)(7)) is amended-- (1) by striking ``section 520(g)(4)'' and inserting ``section 520(g)(5)''; and (2) by striking ``section 520(g)(5)'' and inserting ``section 520(g)(6)''. SEC. 7 PRODUCT REVIEW. Section 513 (21 U.S.C. 360c) is amended by-- (1) in subsection (a)(3)(A)-- (A) by striking ``including clinical investigations where appropriate'' and inserting ``including 1 or more clinical investigations where appropriate''; (B) by adding at the end the following: ``When evaluating the type and amount of data necessary to find a reasonable assurance of device effectiveness for an approval under section 515, the Secretary shall consider the extent to which reliance on postmarket controls may contribute to such assurance and expedite effectiveness determinations without increasing regulatory burdens on persons who submit applications under section 515(c).''; (2) in subsection (a)(3), by adding at the end the following: ``(C)(i) The Secretary upon the request of any person intending to submit an application under section 515 shall meet with the person to determine the type of valid scientific evidence within the meaning of subparagraphs (A) and (B) that will be necessary to demonstrate the effectiveness of a device for the conditions of use proposed by such person to support an approval of an application. ``(ii) Within 30 days after such meeting, the Secretary shall specify in writing the type of valid scientific evidence that will provide a reasonable assurance that a device is effective under the conditions of use proposed by the person. ``(iii) Any clinical data, including 1 or more well-controlled investigations, specified by the Secretary for demonstrating a reasonable assurance of device effectiveness shall reflect the Secretary's determination that such data are necessary to establish device effectiveness and that no other less burdensome means of evaluating device effectiveness are available which would have a reasonable likelihood of resulting in an approval. ``(2) The determination of the Secretary with respect to the specification of the valid scientific evidence under clause (ii) shall be binding upon the Secretary, unless such determination by the Secretary would be contrary to the public health''; and (3) in subsection (i), by adding at the end the following: ``(C) To facilitate reviews of reports submitted to the Secretary under section 510(k), the Secretary shall consider the extent to which reliance on postmarket controls may expedite the classification of devices under subsection (f)(1). ``(D) Whenever the Secretary requests information to demonstrate that devices with differing technological characteristics are substantially equivalent, the Secretary shall only request information that is necessary to making substantial equivalence determinations. In making such requests, the Secretary shall consider the least burdensome means of demonstrating substantial equivalence and request information accordingly. ``(E) Any determinations of substantial equivalence by the Secretary shall be based upon the intended uses proposed in labeling submitted in a report under section 510(k). ``(F) Any representations made in promotional materials for devices shall not require a report under section 510(k), unless such representations establish new intended uses for a legally marketed device.''.

Medical Technology, Public Health, and Innovation Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to authorize the Secretary of Health and Human Services to identify and list nationally and internationally recognized performance standards for which persons may self-certify a device's conformity in order to meet FDCA requirements. Allows use of data other than that required by the standards to meet any FDCA requirement. Adds to the list of prohibited acts certification falsification or the failure or refusal to provide the data or information relied on in the certification. (Sec. 4) Requires that premarket approval applications include an identifying reference to any such performance standard. Directs the Secretary to accept historical clinical data as a control for use in determining safety and effectiveness when a disease's progression is clearly defined and well understood. Limits requiring clinical trials using randomized controls. Modifies requirements regarding action on premarket approval applications. (Sec. 5) Exempts from premarket notification requirements certain class I and class II devices. Directs the Secretary to develop and publish a list of each type of class II device not requiring premarket notification. Allows petitioning for exemption of a class II type from the notification requirement. (Sec. 6) Changes clinical study approval procedures, allowing: (1) the investigation sponsor to meet with the Secretary before application submission to develop a protocol; and (2) device developmental changes during an investigation without requiring an additional approval or an application supplement, if certain requirements are met. (Sec. 7) Allows device effectiveness to be determined on the basis of one or more clinical investigations (currently, by well-controlled investigations). Requires the Secretary: (1) to consider the extent to which postmarket controls may contribute to the assurance of effectiveness and expedite effectiveness determinations without increasing regulatory burdens; (2) on request, to meet with an intended applicant to determine the type of effectiveness evidence that will be necessary; (3) to consider the extent to which postmarket controls may expedite device classification; (4) when requesting information demonstrating substantial equivalence, to only request information necessary to make substantial equivalence determinations; and (5) base substantial equivalence determinations on the intended uses in submitted labeling.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Eastern Shore American Heritage Area Act of 1996''. SEC. 2. DEFINITIONS. In this Act: (1) Coordinating entity.--The term ``coordinating entity'' means the Lower Eastern Shore Heritage Committee, Inc., a nonprofit corporation organized under the laws of Maryland. (2) Heritage area.--The term ``Heritage Area'' means the Lower Eastern Shore American Heritage Area established under section 5. (3) Participating partner.--The term ``participating partner'' means a county that has entered into the compact under section 6. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS. Congress finds that-- (1) the Lower Eastern Shore possesses important historical, cultural, and natural resources, representing themes of settlement, migration, transportation, commerce, and natural resource uses, as described in the Lower Eastern Shore Heritage Plan (1992), endorsed by local governments, and in the draft report, Investing in a Special Place: A Report by the National Park Service to Congress and the Public on Resources, Accomplishments, and Opportunities for Conservation and Sustainable Development: Lower Eastern Shore, Maryland (1995); (2) the Lower Eastern Shore played an important role in the history of the American Revolution and the Civil War; (3) the Lower Eastern Shore gave birth to the uniquely American art form of decoy-carving through the internationally recognized work of Lemuel and Steve Ward and played a central role in the recognition of the aesthetic value of waterfowl habitat and landscapes; (4) the skipjack, a popular symbol of the Chesapeake Bay designed and used in Maryland for harvesting oysters, is the last commercial sailing vessel still used in North America; (5) the Lower Eastern Shore played an important role in the evolution of the colonial and American agricultural, timbering, shipping, and seafood industries in the 17th through 20th centuries, exemplified in many structures and landscapes, including farms and plantations, railroad towns, seafood processing industries, docks, and what was once the largest cannery in the United States; (6) the Lower Eastern Shore rural townscapes and landscapes-- (A) display exceptional surviving physical resources illustrating the themes of the Lower Eastern Shore and the social, industrial, and cultural history of the 17th through the early 20th centuries; and (B) include many national historic sites and landmarks; (7) the Lower Eastern Shore is the home of traditions and research efforts associated with native American, African- American, and European-American settlements dating to periods before, during, and after European contact, and retains physical, social, and cultural evidence of the traditions; and (8) the State of Maryland has established a structure to enable Lower Eastern Shore communities to join together to preserve, conserve, and manage the Lower Eastern Shore's resources through the Maryland Greenways Commission, river conservation, trail development, and other means. SEC. 4. PURPOSES. The purposes of this Act are to-- (1) recognize the importance of the history, culture, and living resources of the Lower Eastern Shore to the United States; (2) assist the State of Maryland and the communities of the Lower Eastern Shore in protecting, restoring, and interpreting the Lower Eastern Shore's resources for the benefit of the United States; and (3) authorize Federal financial and technical assistance to serve the purposes stated in paragraph (1) and (2). SEC. 5. LOWER EASTERN SHORE AMERICAN HERITAGE AREA. (a) Establishment.--The Secretary shall establish a Lower Eastern Shore American Heritage Area. (b) Initial Geographic Scope.-- (1) In general.--Except as otherwise provided in this subsection, the Heritage Area shall consist of the Maryland counties of Somerset, Wicomico, and Worcester. (2) Local agreement to participate.--The government of each county listed under paragraph (1) and each municipality in a county listed under paragraph (1) shall become a participating partner by entering into the compact under section 6. (3) Additional partners.--The Secretary may include a county or municipality other than those listed in paragraph (1) to be part of the Heritage Area if the county becomes a participating partner by entering into the compact under section 6. (4) Coordination.--The Secretary may coordinate with or allow participation by any county, city, town, or village in the Lower Eastern Shore. SEC. 6. COMPACT. (a) In General.--To carry out the purposes of this Act, the Secretary shall enter into a compact with the State of Maryland, the coordinating entity, and any county eligible to be a participating partner under section 5. (b) Information.--The compact shall include information relating to the objectives and management of Heritage Area programs, including-- (1) a discussion of the goals and objectives of Heritage Area programs, including an explanation of a proposed approach to conservation and interpretation and a general outline of the measures committed to by the parties to the compact; (2) a description of the respective roles of the participating partners; (3) a list of the initial partners to be involved in developing and implementing a management plan for the Heritage Area and a statement of the financial commitment of the partners; and (4) a description of the role of the State of Maryland. SEC. 7. MANAGEMENT PLAN. (a) In General.--The coordinating entity and the participating partners shall develop a management plan for the Heritage Area that presents comprehensive recommendations for conservation, program funding, management, and development. (b) Plan Requirements.--The management plan shall-- (1) be consistent with State and local plans in existence prior to development of the management plan; (2) involve residents, public agencies, universities, and private organizations working in the Heritage Area; (3) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area; and (4) include-- (A) a description of actions to be undertaken by units of government and private organizations; (B) an inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of the property's natural, cultural, historical, recreational, or scenic significance; (C) a recommendation of policies for resource management that considers and details application of appropriate land and water management techniques, including the development of intergovernmental cooperative agreements to protect the Heritage Area's historical, cultural, recreational, and natural resources in a manner that is consistent with supporting appropriate and compatible economic viability; (D) a program for implementation of the management plan, including plans for restoration and construction, and specific commitments of the participating partners for the first 5 years of operation; (E) an analysis of ways in which Federal, State, and local programs may best be coordinated to promote the purposes of this Act; and (F) an interpretation plan for the Heritage Area. (c) Time Limit for Submission of a Management Plan.--If the Secretary has not approved a management plan by the date that is 2 years after the date of enactment of this Act, the Heritage Area shall be ineligible for Federal funding until a management plan is approved. SEC. 8. THE COORDINATING ENTITY AND PARTICIPATING PARTNERS. (a) Duties of the Coordinating Entity and Participating Partners.-- The coordinating entity and participating partners shall-- (1) develop and submit to the Secretary for approval a management plan pursuant to section 7 not later than the date that is 2 years after the date of enactment of this Act; (2) give priority to implementing actions set forth in the compact and the management plan, including taking steps to-- (A) assist units of government, regional planning organizations, and nonprofit organizations in-- (i) preserving the Heritage Area; (ii) establishing and maintaining interpretive exhibits in the Heritage Area; (iii) developing recreational resources in the Heritage Area; (iv) increasing public awareness of and appreciation for the natural, historical, and architectural resources and sites in the Heritage Area; and (v) restoring any historic building relating to the themes of the Heritage Area; (B) encourage by appropriate means economic vitality in the area consistent with the management plan for the Heritage Area; (C) encourage local governments to adopt policies consistent with the management of the Heritage Area and the goals of the plan; and (D) assist units of government, regional planning organizations, businesses, and nonprofit organizations to ensure that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are put in place throughout the Heritage Area; (3) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; (4) conduct public meetings not less frequently than quarterly regarding the implementation of the management plan; (5) submit substantial changes (including any increase of more than 20 percent in the cost estimates for implementation) to the management plan to the Secretary for approval; (6) for any year in which Federal funds have been received under this Act, submit an annual report to the Secretary setting forth the accomplishments and expenses and income of the coordinating entity and the participating partners and the entity to which any loans and grants were made during the year for which the report is made; and (7) for any year in which Federal funds have been received under this Act, make available for audit all records pertaining to the expenditure of the Federal funds and any matching funds and require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records pertaining to the expenditure of the funds. (b) Federal Funding.-- (1) Operations.--The Federal contribution to the operations of the coordinating entity and participating partners shall not exceed 50 percent of the annual operating cost of the entity and partners associated with carrying out this Act. (2) Implementation.--A grant to the coordinating entity or a participating partner for implementation of this Act may not exceed 75 percent of the cost of the entity and partners for implementing this Act. (c) Prohibition of Acquisition of Real Property.--The coordinating entity may not use Federal funds received under this Act to acquire real property or an interest in real property. (d) Eligibility To Receive Financial Assistance.-- (1) Eligibility.--Except as provided in paragraph (2), the coordinating entity shall be eligible to receive funds to carry out this Act for a period of 10 years after the date on which the compact under section 6 is signed by the Secretary and the coordinating entity. (2) Exception.--The coordinating entity may receive funding under this Act for a period of not more than 5 additional years, if-- (A) the coordinating entity determines that the extension is necessary in order to carry out the purposes of this Act and the coordinating entity notifies the Secretary of the determination not later than 180 days prior to the termination date; (B) not later than 180 days prior to the termination date, the coordinating entity presents to the Secretary a plan of activities for the period of the extension, including a plan for becoming independent of the funds made available through this Act; and (C) the Secretary, in consultation with the Governor of Maryland, approves the extension of funding. (e) Other Federal Funds.--Nothing in this Act shall affect the use of Federal funds received by the coordinating entity or a participating partner under any other Act. SEC. 9. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Duties and Authorities of the Secretary.-- (1) Grants to the coordinating entity and participating partners.--The Secretary shall make grants available to the coordinating entity and the participating partners to carry out this Act. (2) Technical and financial assistance.-- (A) In general.--On request of the coordinating entity, the Secretary may provide technical and financial assistance to the coordinating entity and participating partners to develop and implement the management plan. (B) Priority.--In assisting the coordinating entity and participating partners, the Secretary shall give priority to actions that-- (i) conserve the significant natural, historic, and cultural resources of the Heritage Area; and (ii) provide educational, interpretive, and recreational opportunities consistent with the resources and associated values of the Heritage Area. (B) Expenditures for nonfederally owned property.-- The Secretary may expend Federal funds on nonfederally owned property to further the purposes of this Act, including assisting units of government in appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places. (2) Approval and disapproval of compacts and management plans.-- (A) In general.--The Secretary, in consultation with the Governor of Maryland, shall approve or disapprove a compact or management plan submitted under this Act not later than 90 days after receiving the compact or management plan. (B) Action following disapproval.-- (i) In general.--If the Secretary disapproves a compact or management plan, the Secretary shall advise the coordinating entity in writing of the reasons for rejecting the compact or plan and shall make recommendations for revisions in the compact or plan. (ii) Approval of revision.--The Secretary shall approve or disapprove a proposed revision not later than 90 days after the date the revision is submitted. (3) Approving amendments.-- (A) In general.--The Secretary shall review substantial amendments to the management plan for the Heritage Area. (B) Funds for amendment.--Funds made available under this Act may not be expended to implement a substantial amendment to the management plan until the Secretary approves the amendment. (4) Issuing regulations.--The Secretary shall issue such regulations as are necessary to carry out this Act. (b) Duties of Federal Entities.--A Federal entity conducting or supporting an activity directly affecting the Heritage Area, and any unit of government acting pursuant to a grant of Federal funds or a Federal permit or agreement conducting or supporting an activity directly affecting the Heritage Area, shall, to the maximum extent practicable-- (1) consult with the Secretary and the coordinating entity with respect to the activity; (2) cooperate with the Secretary and the coordinating entity in carrying out the duties of the Secretary and the coordinating entity under this Act; and (3) conduct or support the activity in a manner consistent with the management plan. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Lower Eastern Shore American Heritage Area Act of 1996 - Directs the Secretary of the Interior to establish a Lower Eastern Shore American Heritage Area in the Maryland counties of Somerset, Wicomico, and Worcester. Requires the Secretary to enter into a compact (which shall include information relating to the objectives and management of the Area's programs) with the State of Maryland, the Lower Eastern Shore Heritage Committee, Inc. (coordinating entity) and any county eligible to be a participating partner under this Act. Requires the coordinating entity and the participating partners to develop a management plan for the Area that presents comprehensive recommendations for conservation, program funding, management, and development. Provides that, if the Secretary has not approved a plan by two years after this Act's enactment date, the Area shall be ineligible for Federal funding until a management plan is approved. Sets forth provisions concerning: (1) the duties of the coordinating entity and participating partners; (2) limitations on Federal contributions for the operation and implementation costs of such entities and partners with respect to this Act; (3) a prohibition on use of such funds for acquisition of real property; and (4) eligibility of coordinating entities to receive the funds for a ten- year period after the date on which the compact is signed and, if necessary, for an additional five-year period, under specified conditions. Directs the Secretary to make grants available to the coordinating entity and participating partners. Authorizes the Secretary to provide technical and financial assistance to coordinating entities and participating partners, on the request of coordinating entities. Allows the Secretary to expend Federal funds for nonfederally- owned property to further the purpose of this Act. Requires a Federal entity conducting or supporting an activity directly affecting the Area and any unit of government acting pursuant to a grant of Federal funds or a Federal permit or agreement conducting or supporting such activity to: (1) consult with the Secretary and the coordinating entity with respect to the activity; (2) cooperate with the Secretary and the entity in carrying out the Secretary's and the entity's duties under this Act; and (3) conduct or support the activity in a manner consistent with the management plan. Authorizes appropriations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Refugee Immigration Fairness Act of 2015''. SEC. 2. ADJUSTMENT OF STATUS. (a) Adjustment of Status.-- (1) In general.-- (A) Eligibility.--Except as provided under subparagraph (B), the Secretary of Homeland Security shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien-- (i) applies for adjustment not later than 1 year after the date of the enactment of this Act; and (ii) is otherwise eligible to receive an immigrant visa and admissible to the United States for permanent residence, except that, 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 (8 U.S.C. 1182(a)) shall not apply. (B) Ineligible aliens.--An alien shall not be eligible for adjustment of status under this section if the Secretary of Homeland Security determines that the alien-- (i) has been convicted of any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); (ii) has been convicted of 2 or more crimes involving moral turpitude; or (iii) has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. (2) Relationship of application to certain orders.-- (A) In general.--An alien present in the United States who has been subject to an order of exclusion, deportation, or removal, or has been 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) if otherwise qualified under such paragraph. (B) Separate motion not required.--An alien described in subparagraph (A) may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the order described in subparagraph (A). (C) Effect of decision by secretary.--If the Secretary of Homeland Security adjusts the status of an alien pursuant to an application under paragraph (1), the Secretary shall cancel the order described in subparagraph (A). If the Secretary of Homeland Security makes a final decision to deny such adjustment of status, 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.-- (1) In general.--The benefits provided under subsection (a) shall apply to any alien-- (A) who is-- (i) a national of Liberia; and (ii) has been continuously present in the United States between January 1, 2013, and the date on which the alien submits an application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall establish procedures, by regulation, through which an alien, who is subject to a final order of deportation, removal, or exclusion, may seek a stay of such order based upon the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security may not order an 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 has applied for adjustment of status under subsection (a) unless the Secretary of Homeland Security has made a final determination to deny the application. (3) Work authorization.-- (A) In general.--The Secretary of Homeland Security may-- (i) authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States while a determination regarding such application is pending; and (ii) provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment. (B) Pending applications.--If an application for adjustment of status under subsection (a) is pending for a period exceeding 180 days and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Record of Permanent Residence.--Upon the approval of an alien's application for adjustment of status under subsection (a), the Secretary of Homeland Security shall establish a record of the alien's admission for permanent residence as of the date of the alien's arrival in the United States. (e) Availability of Administrative Review.--The Secretary of Homeland Security 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 (8 U.S.C. 1255); and (2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). (f) Limitation on Judicial Review.--A determination by the Secretary of Homeland Security regarding the adjustment of status of any alien under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--If 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 (8 U.S.C. 1101 et seq.). (h) Application of Immigration and Nationality Act Provisions.-- (1) Definitions.--Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this section. (2) Savings provision.--Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary of Homeland Security in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigration, nationality, or naturalization. (3) Effect of eligibility for adjustment of status.-- Eligibility to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude an alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.

Liberian Refugee Immigration Fairness Act of 2015 This bill directs the Department of Homeland Security to adjust to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States between January 1, 2013, through the date of status adjustment application; or (2) is the spouse, child, or unmarried son or daughter of such an alien. Adjustment applications must be filed not later than one year after the date of enactment of this bill.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Compete for the Future Act of 2018''. SEC. 2. ESTABLISHMENT OF PRIZE COMPETITION. (a) Prize Competition.-- (1) In general.--From the amounts appropriated under subsection (d), the Secretary of Education, in consultation with the Secretary of Labor, shall establish a prize competition for eligible programs designed to prepare high school students to enter and succeed in an in-demand industry sector or occupation. Such competition shall meet the requirements of section 24 of the Stevenson-Wylder Technology Innovation Act of 1980 (15 U.S.C. 3719). (2) Selection.--In selecting a winner for each prize, the Secretary shall evaluate how successfully an eligible program provides high school students with the rigorous and challenging academic and technical knowledge and skills such students need to prepare for careers in in-demand industry sectors or occupations, including by earning an industry-recognized certificate or credential or by entering a postsecondary apprenticeship. (3) Priority.--In evaluating eligible programs for each prize, the Secretary shall give priority to applications from eligible programs that are located in or adjacent to a census tract that is certified and designated as a qualified opportunity zone (as defined in section 1400Z-1 of the Internal Revenue Code of 1986). (b) Eligible Program.--The term ``eligible program'' means a program or set of strategies, including a pre-apprenticeship program, a registered youth apprenticeship program, or other similar secondary school program, that-- (1) prepares high school students to enter and succeed in an in-demand industry sector or occupation by-- (A) entering an apprenticeship program upon completion of the eligible program; or (B) earning a recognized credential upon completion of the eligible program; (2) has a documented industry partnership; and (3) incorporates training and curriculum based on industry standards and approved by the documented industry partnership that will prepare individuals with the skills and competencies needed to enter an in-demand industry sector or occupation. (c) Report.--Not later than 120 days after the conclusion of a prize competition under subsection (a), the Secretary of Education, in consultation with the Secretary of Labor, shall report to Congress recommendations on best practices for creating and developing pre- apprenticeship and other programs designed to prepare high school students to enter and succeed in an in-demand industry sector or occupation. (d) Other Definitions.--In this Act: (1) Apprenticeship.--The term ``apprenticeship'' refers to an apprenticeship registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (2) Documented industry partnership.--The term ``documented industry partnership'' means a workforce collaborative, acting in partnership with a program that is designed to prepare high school students to enter and succeed in an in-demand industry sector or occupation, that organizes key stakeholders in an industry into a working group that focuses on the shared goals and human resources needs of the industry and that includes representatives of multiple businesses or other employers in the industry, including small and medium-sized employers when practicable, and at the appropriate stage of development of the partnership, may include representatives of-- (A) State or local government; (B) State or local economic development agencies; (C) a recognized State labor organization or central labor council, or another labor representative, as appropriate; (D) State boards or local boards, as appropriate; (E) a State workforce agency or other entity providing employment services; (F) an institution of higher education with, or another provider of, education or training programs that support the industry; (G) business or trade associations; (H) economic development organizations; (I) nonprofit organizations, community-based organizations, or intermediaries; (J) industry associations; and (K) other organizations, as determined to be necessary by the members comprising the documented industry partnership. (3) High school.--The term ``high school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) In-demand industry sector or occupation.--The term ``in-demand industry sector or occupation'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (5) Recognized credential.--The term ``recognized credential'' means a credential consisting of an industry- recognized certificate or certification, or a certificate of completion of an apprenticeship. (e) Authorization of Appropriations.--There are authorized to be appropriated $2,000,000 to carry out this Act.

Compete for the Future Act of 2018 This bill directs the Department of Education to establish a prize competition for certain programs designed to prepare high school students to enter and succeed in an in-demand industry sector or occupation. Such programs are those that: (1) prepare students to enter and succeed in such sector or occupation by entering an apprenticeship program, or by earning a recognized credential, upon completion; (2) have a documented industry partnership; and (3) incorporate training and curriculum based on industry standards and approved by the partnership that will prepare individuals with the skills and competencies needed to enter an in-demand industry sector or occupation.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korea Sanctions Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) North Korean negotiators in the Six-Party diplomatic process did not act in good faith by their refusal to agree to a transparent verification process for denuclearization consistent with ``international standards'', including provisions for nuclear sampling, following North Korea's removal on October 11, 2008, from the list of state sponsors of terrorism maintained by the Department of State. (2) International press reports indicate that North Korea has continued to provide support to Iran in the areas of missile technology and nuclear development and has provided Iran's surrogates, Hezbollah and Hamas, with both missile technology and training in tunneling techniques with which to attack Israel, an ally of the United States. (3) International press reports indicate that North Korea was engaged for a number of years in assistance to Syria in the construction of a nuclear reactor in the Syrian desert which was destroyed in a strike by Israeli forces on September 6, 2007. (4) North Korean negotiators continue to refuse to address in a humane and sincere manner the issue of the abduction of civilians of Japan and the Republic of Korea, both allies of the United States, as well as the abductions of citizens from a number of other countries, including France, Lebanon, Romania, and Thailand. (5) Defectors coming out of North Korea have provided testimony that United States permanent resident, Reverend Kim Dong-shik, the spouse and father of United States citizens, was tortured and murdered inside North Korea after his abduction by Pyongyang's agents on the Chinese border in January 2000 and that his remains are currently being held at a military facility inside North Korea. (6) Congress authoritatively expressed its view, in section 202(b)(2) of the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 24 7832(b)(2)) that ``United States nonhumanitarian assistance to North Korea shall be contingent on North Korea's substantial progress'' on human rights improvements, release of and accounting for abductees, family reunification, reform of North Korea's labor camp system, and the decriminalization of political expression, none of which has occurred. (7) Congress further authoritatively expressed its view, in section 2 of the North Korean Human Rights Reauthorization Act of 2008 (Public Law 110-346) that ``human rights and humanitarian conditions inside North Korea are deplorable'' and that ``North Korean refugees remain acutely vulnerable''. (8) Congress has determined that any missile test or launch conducted by North Korea would be in direct violation of United Nations Security Council resolution 1695, adopted on July 16, 2006, which ``condemns the multiple launches by the DPRK (North Korea) of ballistic missiles on July 5, 2006, local time'', and United Nations Security Council resolution 1718, adopted on October 9, 2006, which ``demands that the DPRK (North Korea) not conduct any further nuclear test or launch of a ballistic missile'' and ``decides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching'', and further determines that the resulting sanctions imposed under such resolution 1718 would again come into full effect following a missile test or launch. (9) Congress has further determined that a return by North Korea to the Six-Party diplomatic process following any missile test or launch by Pyongyang must include a firm and transparent commitment to the complete, verifiable and irreversible dismantlement of all of North Korea's nuclear programs, including those derived both from plutonium as well as highly enriched uranium. (10) Japanese press reports have indicated that a delegation of approximately fifteen Iranian missile experts have arrived in North Korea in March 2009 ``to help Pyongyang prepare for a rocket launch'', including senior officials with the Iranian rocket and satellite producer Shahid Hemmat Industrial Group, and that they brought with them a letter from their President Mahmoud Ahmadinejad to North Korean leader Kim Jong-Il stressing the importance of cooperating on space technology. SEC. 3. LISTING OF NORTH KOREA AS STATE SPONSOR OF TERRORISM. (a) In General.--Except as provided under subsection (b), the Secretary of State shall designate the Democratic People's Republic of North Korea as a country that has repeatedly provided support for acts of international terrorism for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)); section 40 of the Arms Export Control Act (22 U.S.C. 2780); and section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371). (b) Waiver.--The President may waive the requirement to make the designation under subsection (a) upon certifying to Congress that the Government of North Korea-- (1) has provided a full, complete, and accurate disclosure of all aspects of its nuclear program, including its uranium enrichment capabilities; (2)(A) has not, in the previous 5 years, engaged in the illegal transfer of missile or nuclear technology, particularly to the governments of Iran, Syria, or any other country, the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for international acts of terrorism; and (B) has fully disclosed all proliferation activities in the past 10 years, which if occurring today, would violate United Nations Security Council Resolution 1718 (2006); (3) has not, in the previous 5 years, engaged in training in combat operations or tunneling, or harboring, supplying, financing, or supporting in any way-- (A) Hamas, Hezbollah, the Japanese Red Army, or any member of such organizations; (B) any organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); and (C) any person included on the annex to Executive Order 13224 (September 21, 2001) and any other person identified under section 1 of that Executive Order whose property and interests are blocked by that section (commonly known as a ``specially designated global terrorist''); (4) has-- (A) released United States citizens Euna Lee and Laura Ling, who were working as journalists reporting on refugees on the North Korean border of China when they were detained by North Korean guards on March 17, 2009; and (B) returned the last remains of United States permanent resident, Reverend Kim Dong-shik, to his United States citizen widow, family, and church members, so that he may be provided with a proper Christian burial in Chicago; (5) has released the Japanese nationals recognized as abduction victims by the Government of Japan as well as abduction victims recognized by the Government of the Republic of Korea; (6) has released an estimated 600 surviving South Korean POWs, and any other surviving POWs from the Korean War, who have been held in North Korea against their will and in violation of the Armistice Agreement since hostilities ended in July 1953; (7) has opened the North Korean penal system, including the gulag of concentration camps holding an estimated 200,000 political and religious prisoners, to unrestricted and regular visits by representatives of the International Committee of the Red Cross; (8) has made provision for unrestricted and regular access by representatives of the United National High Commissioner for Refugees to refugees forcibly repatriated to North Korea to determine their general health and welfare; and (9) has ceased threatening to commit terrorist acts in its public statements and state owned media and has issued public assurances that the Government will not sponsor or commit terrorism again. SEC. 4. STATEMENT OF POLICY ON HUMAN RIGHTS IN NORTH KOREA. Section 101 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7811) is amended-- (1) in the section heading, by striking ``sense of congress'' and inserting ``statement of policy''; and (2) by striking ``It is the sense of Congress'' and inserting ``It is the policy of the United States''. SEC. 5. ROLE OF SPECIAL ENVOY FOR NORTH KOREAN HUMAN RIGHTS IN NEGOTIATIONS WITH NORTH KOREA. It is the sense of Congress that the Special Envoy for Human Rights in North Korea should be present at all negotiating sessions between the United States Government and the Government of North Korea.

North Korea Sanctions Act of 2009 - Directs the Secretary of State to designate the Democratic People's Republic of North Korea as a country that has repeatedly provided support for acts of international terrorism for specified purposes under the Export Administration Act of 1979, the Arms Export Control Act, and the Foreign Assistance Act of 1961. Authorizes the President to waive such requirement upon a certification to Congress that North Korea has taken certain actions regarding: (1) nuclear program and proliferation disclosures; (2) the illegal transfer of missile or nuclear technology; (3) support of international terrorist groups; and (4) prisoner release. Expresses the sense of Congress that the Special Envoy for Human Rights in North Korea should be present at all negotiating sessions between the governments of the United States and North Korea.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Physicians Comparability Allowance Amendments of 2000''. SEC. 2. AUTHORITY MADE PERMANENT. (a) In General.-- (1) Amendment to title 5, united states code.--The second sentence of section 5948(d) of title 5, United States Code, is repealed. (2) Amendment to the federal physicians comparability allowance act of 1978.--Section 3 of the Federal Physicians Comparability Allowance Act of 1978 (5 U.S.C. 5948 note) is repealed. (b) Technical and Conforming Amendments.--Section 5948 of title 5, United States Code, is amended-- (1) by repealing paragraph (2) of subsection (j); and (2) in subsection (j)(1)-- (A) by striking ``(j)(1)'' and inserting ``(j)''; (B) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively; and (C) in paragraph (5) (as so redesignated by this paragraph) by striking ``subparagraph (B)'' and inserting ``paragraph (2)''. SEC. 3. TREATMENT OF ALLOWANCES AS PART OF BASIC PAY FOR RETIREMENT PURPOSES. (a) Definition of Basic Pay.--Section 8331(3) of title 5, United States Code, is amended-- (1) in subparagraph (F) by striking ``and'' after the semicolon; (2) in subparagraph (G) by inserting ``and'' after the semicolon; (3) by inserting after subparagraph (G) the following: ``(H) any amount received under section 5948 (relating to physicians comparability allowances);''; and (4) in the matter following subparagraph (H) (as added by paragraph (3)) by striking ``through (G)'' and inserting ``through (H)''. (b) Civil Service Retirement System.-- (1) Computation rules.--Section 8339 of title 5, United States Code, is amended by adding at the end the following: ``(s)(1) For purposes of this subsection, the term `physicians comparability allowance' refers to an amount described in section 8331(3)(H). ``(2) Except as otherwise provided in this subsection, no part of a physicians comparability allowance shall be treated as basic pay for purposes of any computation under this section unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician (whether performed before, on, or after the date of the enactment of this subsection). ``(3) If the condition under paragraph (2) is met, then, any amounts received by the individual in the form of a physicians comparability allowance shall (for the purposes referred to in paragraph (2)) be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the date of the enactment of this subsection, and only to the extent of the percentage allowable, which shall be determined as follows: ``If the total amount of service performed, on or after the date of Then, the percentage the enactment of this subsection, allowable is: as a Government physician is: Less than 2 years......................................... 0 At least 2 but less than 4 years.......................... 25 At least 4 but less than 6 years.......................... 50 At least 6 but less than 8 years.......................... 75 At least 8 years.......................................... 100. ``(4) Notwithstanding any other provision of this subsection, 100 percent of all amounts received as a physicians comparability allowance shall, to the extent attributable to service performed on or after the date of the enactment of this subsection, be treated as basic pay (without regard to any of the preceding provisions of this subsection) for purposes of computing-- ``(A) an annuity under subsection (g); and ``(B) a survivor annuity under section 8341, if based on the service of an individual who dies before separating from service.''. (2) Government physician defined.--Section 8331 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following: ``(28) `Government physician' has the meaning given that term under section 5948.''. (c) Federal Employees' Retirement System.-- (1) Computation rules.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(i)(1) For purposes of this subsection, the term `physicians comparability allowance' refers to an amount described in section 8331(3)(H). ``(2) Except as otherwise provided in this subsection, no part of a physicians comparability allowance shall be treated as basic pay for purposes of any computation under this section unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician (whether performed before, on, or after the date of the enactment of this subsection). ``(3) If the condition under paragraph (2) is met, then, any amounts received by the individual in the form of a physicians comparability allowance shall (for the purposes referred to in paragraph (2)) be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the date of the enactment of this subsection, and only to the extent of the percentage allowable, which shall be determined as follows: ``If the total amount of service performed, on or after the date of Then, the percentage the enactment of this subsection, allowable is: as a Government physician is: Less than 2 years......................................... 0 At least 2 but less than 4 years.......................... 25 At least 4 but less than 6 years.......................... 50 At least 6 but less than 8 years.......................... 75 At least 8 years.......................................... 100. ``(4) Notwithstanding any other provision of this subsection, 100 percent of all amounts received as a physicians comparability allowance shall, to the extent attributable to service performed on or after the date of the enactment of this subsection, be treated as basic pay (without regard to any of the preceding provisions of this subsection) for purposes of computing-- ``(A) an annuity under section 8452; and ``(B) a survivor annuity under subchapter IV, if based on the service of an individual who dies before separating from service.''. (2) Government physician defined.--Section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``; and'', and by adding at the end the following: ``(34) the term `Government physician' has the meaning given such term under section 5948.''. (d) Conforming Amendment.--Section 5948(h)(1) of title 5, United States Code, is amended by striking ``chapter 81, 83, or 87'' and inserting ``chapter 81 or 87''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Redefines "basic pay" to include any amounts received as physicians comparability allowances as part of basic pay for Federal employee retirement purposes. Amends provisions relating to the computation of an annuity under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) to prohibit any part of such an allowance from being treated as basic pay unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician. Requires, if such condition is met, that any amounts received by the individual as such an allowance shall be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the enactment of this Act, and only to the extent of the percentage allowable as specified by this Act. Requires that 100 percent of all amounts received as such an allowance, to the extent attributable to service performed on or after enactment, be treated as basic pay (without regard to any of the preceding provisions of this paragraph) for purposes of computing: (1) an annuity of a disabled employee or member; and (2) a survivor annuity if based on the service of an individual who dies before separating from service.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--EMPLOYEES GENERALLY Sec. 101. Definitions. Sec. 102. Stays; probationary employees. Sec. 103. Prohibited personnel practices. Sec. 104. Discipline of supervisors based on retaliation against whistleblowers. Sec. 105. Suicide by employees. Sec. 106. Training for supervisors. Sec. 107. Information on whistleblower protections. TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES Sec. 201. Prevention of unauthorized access to medical records of employees of the Department of Veterans Affairs. Sec. 202. Outreach on availability of mental health services available to employees of the Department of Veterans Affairs. Sec. 203. Protocols to address threats against employees of the Department of Veterans Affairs. Sec. 204. Comptroller General of the United States study on accountability of chiefs of police of Department of Veterans Affairs medical centers. TITLE I--EMPLOYEES GENERALLY SEC. 101. DEFINITIONS. In this title-- (1) the term ``agency''-- (A) except as provided in subparagraph (B), means an entity that is an agency, as defined under section 2302 of title 5, United States Code, without regard to whether one or more portions of title 5 of the United States Code are inapplicable to the entity; and (B) does not include any entity that is an element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)); (2) the term ``employee'' means an employee (as defined in section 2105 of title 5, United States Code) of an agency; and (3) the term ``personnel action'' has the meaning given that term under section 2302 of title 5, United States Code. SEC. 102. STAYS; PROBATIONARY EMPLOYEES. (a) Request by Special Counsel.--Section 1214(b)(1) of title 5, United States Code, is amended by adding at the end the following: ``(E) If the Merit Systems Protection Board grants a stay under this subsection, the head of the agency employing the employee shall give priority to a request for a transfer submitted by the employee.''. (b) Probationary Employees.--Section 1221 of title 5, United States Code, is amended by adding at the end the following: ``(k) If the Merit Systems Protection Board grants a stay to an employee in probationary status under subsection (c), the head of the agency employing the employee shall give priority to a request for a transfer submitted by the employee.''. (c) Study Regarding Retaliation Against Probationary Employees.-- The Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report discussing retaliation against employees in probationary status. SEC. 103. PROHIBITED PERSONNEL PRACTICES. Section 2302(b) of title 5, United States Code, is amended-- (1) in paragraph (12), by striking ``or'' at the end; (2) in paragraph (13), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (13) the following: ``(14) access the medical record of another employee or an applicant for employment as a part of, or otherwise in furtherance of, any conduct described in paragraphs (1) through (13).''. SEC. 104. DISCIPLINE OF SUPERVISORS BASED ON RETALIATION AGAINST WHISTLEBLOWERS. (a) In General.--Subchapter II of chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 7515. Discipline of supervisors based on retaliation against whistleblowers ``(a) Definitions.--In this section-- ``(1) the term `agency'-- ``(A) except as provided in subparagraph (B), means an entity that is an agency, as defined under section 2302, without regard to whether any other provision of this chapter is applicable to the entity; and ``(B) does not include any entity that is an element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)); ``(2) the term `prohibited personnel action' means taking or failing to take an action in violation of paragraph (8), (9), or (14) of section 2302(b) against an employee of an agency; and ``(3) the term `supervisor' means an employee who would be a supervisor, as defined under section 7103(a), if the entity employing the employee was an agency. ``(b) Proposed Disciplinary Actions.-- ``(1) In general.--If the head of the agency employing a supervisor, an administrative law judge, the Merit Systems Protection Board, the Special Counsel, a judge of the United States, or the Inspector General of the agency employing a supervisor determines that the supervisor has committed a prohibited personnel action, the head of the agency employing the supervisor, in accordance with the procedures required under paragraph (2)-- ``(A) for the first prohibited personnel action committed by a supervisor-- ``(i) shall propose suspending the supervisor for a period of not less than 3 days; and ``(ii) may, in addition to a suspension described in clause (i), propose any other action, including a reduction in grade or pay, that the head of the agency determines appropriate; and ``(B) for the second prohibited personnel action committed by a supervisor, shall propose removing the supervisor. ``(2) Procedures.-- ``(A) Notice.--A supervisor against whom an action is proposed to be taken under paragraph (1) is entitled to written notice-- ``(i) stating the specific reasons for the proposed action; and ``(ii) informing the supervisor of the right of the supervisor to review the material which is relied on to support the reasons for the proposed action. ``(B) Answer and evidence.-- ``(i) In general.--A supervisor who is notified under subparagraph (A) that the supervisor is the subject of a proposed action under paragraph (1) is entitled to 14 days following such notification to answer and furnish evidence in support of the answer. ``(ii) No evidence furnished; insufficient evidence.-- After the end of the 14-day period described in clause (i), if a supervisor does not furnish evidence as described in clause (i) or if the head of the agency determines that such evidence is not sufficient to reverse the proposed action, the head of the agency shall carry out the action. ``(C) Scope of procedures.--An action carried out under this section-- ``(i) except as provided in clause (ii), shall be subject to the same requirements and procedures (including regarding appeals) as an action under section 7503, 7513, or 7543; and ``(ii) shall not be subject to-- ``(I) paragraphs (1) and (2) of section 7503(b); ``(II) paragraphs (1) and (2) of subsection (b) and subsection (c) of section 7513; or ``(III) paragraphs (1) and (2) of subsection (b) and subsection (c) of section 7543. ``(3) Delegation.-- ``(A) In general.--Except as provided in paragraph (B), the head of an agency may delegate any authority or responsibility under this subsection. ``(B) Nondelegability of determination regarding prohibited personnel action.--If the head of an agency is responsible for determining whether a supervisor has committed a prohibited personnel action for purposes of paragraph (1), the head of the agency may not delegate that responsibility.''. (b) Technical and Conforming Amendment.--The table of sections for subchapter II of chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``7515. Discipline of supervisors based on retaliation against whistleblowers.''. SEC. 105. SUICIDE BY EMPLOYEES. (a) Referral.--The head of an agency shall refer to the Special Counsel, along with any information known to the agency regarding the circumstances described in paragraphs (2) and (3), any instance in which the head of the agency has information indicating-- (1) an employee of the agency committed suicide; (2) prior to the death of the employee, the employee made any disclosure of information which reasonably evidences-- (A) any violation of any law, rule, or regulation; or (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; and (3) after a disclosure described in paragraph (2), a personnel action was taken against the employee. (b) Office of Special Counsel Review.--For any referral to the Special Counsel under subsection (a), the Special Counsel shall-- (1) examine whether any personnel action was taken because of any disclosure of information described in subsection (a)(2); and (2) take any action the Special Counsel determines appropriate under subchapter II of chapter 12 of title 5, United States Code. SEC. 106. TRAINING FOR SUPERVISORS. In consultation with the Special Counsel and the Inspector General of the agency (or senior ethics official of the agency for an agency without an Inspector General), the head of each agency shall provide training regarding how to respond to complaints alleging a violation of whistleblower protections (as defined in section 2307 of title 5, United States Code, as added by section 107) available to employees of the agency-- (1) to employees appointed to supervisory positions in the agency who have not previously served as a supervisor; and (2) on an annual basis, to all employees of the agency serving in a supervisory position. SEC. 107. INFORMATION ON WHISTLEBLOWER PROTECTIONS. (a) Existing Provision.-- (1) In general.--Section 2302 of title 5, United States Code, is amended-- (A) by striking subsection (c); and (B) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (2) Technical and conforming amendments.-- (A) Section 4505a(b)(2) of title 5, United States Code, is amended by striking ``section 2302(d)'' and inserting ``section 2302(c)''. (B) Section 5755(b)(2) of title 5, United States Code, is amended by striking ``section 2302(d)'' and inserting ``section 2302(c)''. (C) Section 110(b)(2) of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note) is amended by striking ``section 2302(f)(1) or (2)'' and inserting ``section 2302(e)(1) or (2)''. (D) Section 1217(d)(3) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)(3)) is amended by striking ``section 2302(d)'' and inserting ``section 2302(c)''. (E) Section 1233(b) of the Panama Canal Act of 1979 (22 U.S.C. 3673(b)) is amended by striking ``section 2302(d)'' and inserting ``section 2302(c)''. (b) Provision of Information.--Chapter 23 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 2307. Information on whistleblower protections ``(a) Definitions.--In this section-- ``(1) the term `agency'-- ``(A) except as provided in subparagraph (B), has the meaning given that term in section 2302; and ``(B) does not include any entity that is an element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)); ``(2) the term `new employee' means an individual-- ``(A) appointed to a position as an employee of an agency on or after the date of enactment of the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017; and ``(B) who has not previously served as an employee; and ``(3) the term `whistleblower protections' means the protections against and remedies for a prohibited personnel practice described in paragraph (8), subparagraph (A)(i), (B), (C), or (D) of paragraph (9), or paragraph (14) of section 2302(b). ``(b) Responsibilities of Head of Agency.--The head of each agency shall be responsible for the prevention of prohibited personnel practices, for the compliance with and enforcement of applicable civil service laws, rules, and regulations, and other aspects of personnel management, and for ensuring (in consultation with the Special Counsel and the Inspector General of the agency) that employees of the agency are informed of the rights and remedies available to them under this chapter and chapter 12, including-- ``(1) information regarding whistleblower protections available to new employees during the probationary period; ``(2) the role of the Office of Special Counsel and the Merit Systems Protection Board with regard to whistleblower protections; and ``(3) how to make a lawful disclosure of information that is specifically required by law or Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs to the Special Counsel, the Inspector General of an agency, Congress, or other agency employee designated to receive such disclosures. ``(c) Timing.--The head of each agency shall ensure that the information required to be provided under subsection (b) is provided to each new employee of the agency not later than 6 months after the date the new employee begins performing service as an employee. ``(d) Information Online.--The head of each agency shall make available information regarding whistleblower protections applicable to employees of the agency on the public website of the agency, and on any online portal that is made available only to employees of the agency if one exists. ``(e) Delegees.--Any employee to whom the head of an agency delegates authority for personnel management, or for any aspect thereof, shall, within the limits of the scope of the delegation, be responsible for the activities described in subsection (b).''. (c) Technical and Conforming Amendment.--The table of sections for chapter 23 of title 5, United States Code, is amended by adding at the end the following: ``2307. Information on whistleblower protections.''. TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES SEC. 201. PREVENTION OF UNAUTHORIZED ACCESS TO MEDICAL RECORDS OF EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Development of Plan.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall-- (A) develop a plan to prevent access to the medical records of employees of the Department of Veterans Affairs by employees of the Department who are not authorized to access such records; (B) submit to the appropriate committees of Congress the plan developed under subparagraph (A); and (C) upon request, provide a briefing to the appropriate committees of Congress with respect to the plan developed under subparagraph (A). (2) Elements.--The plan required under paragraph (1) shall include the following: (A) A detailed assessment of strategic goals of the Department for the prevention of unauthorized access to the medical records of employees of the Department. (B) A list of circumstances in which an employee of the Department who is not a health care provider or an assistant to a health care provider would be authorized to access the medical records of another employee of the Department. (C) Steps that the Secretary will take to acquire new or implement existing technology to prevent an employee of the Department from accessing the medical records of another employee of the Department without a specific need to access such records. (D) Steps the Secretary will take, including plans to issue new regulations, as necessary, to ensure that an employee of the Department may not access the medical records of another employee of the Department for the purpose of retrieving demographic information if that demographic information is available to the employee in another location or through another format. (E) A proposed timetable for the implementation of such plan. (F) An estimate of the costs associated with implementing such plan. (b) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Homeland Security and Governmental Affairs and the Committee on Veterans' Affairs of the Senate; and (2) the Committee on Oversight and Government Reform and the Committee on Veterans' Affairs of the House of Representatives. SEC. 202. OUTREACH ON AVAILABILITY OF MENTAL HEALTH SERVICES AVAILABLE TO EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS. The Secretary of Veterans Affairs shall conduct a program of outreach to employees of the Department of Veterans Affairs to inform those employees of any mental health services, including telemedicine options, that are available to them. SEC. 203. PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS. The Secretary of Veterans Affairs shall ensure protocols are in effect to address threats from individuals receiving health care from the Department of Veterans Affairs directed towards employees of the Department who are providing such health care. SEC. 204. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON ACCOUNTABILITY OF CHIEFS OF POLICE OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS. The Comptroller General of the United States shall conduct a study to assess the reporting, staffing, accountability, and chain of command structure of the Department of Veterans Affairs police officers at medical centers of the Department. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was reported to the Senate on May 4, 2017 . Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 TITLE I--EMPLOYEES GENERALLY (Sec. 102) This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protections Board (MSPB) grants a stay of a personnel action at the request of: (1) the Office of Special Counsel (OSC) if the OSC determines the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice; or (2) the employee if the individual is in probationary status and seeks corrective action. The Government Accountability Office (GAO) shall report to Congress on retaliation against employees in probationary status. (Sec. 103) The bill: (1) prohibits any employee who has the authority to take a personnel action to access the medical records of another employee or applicant for employment, (2) authorizes disciplinary action against supervisors for retaliation against whistleblowers. (Sec. 105) Agencies must: (1) refer information about employee suicides to the OSC, (2) train supervisors on responding to complaints alleging whistleblower protections violations, (3) provide information regarding whistleblower protections to new employees during probationary periods, (4) inform employees of the role of the OSC and the MSPB with regard to whistleblower protection, and (5) make information about such protections available on agency websites. TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES (Sec. 201) The Department of Veterans Affairs (VA) must: (1) submit a plan to prevent unauthorized access to the medical records of VA employees; (2) conduct an outreach program to inform its employees of available mental health services, including telemedicine options; and (3) ensure protocols are in effect to address threats against VA employees providing health care. (Sec. 204) The GAO shall assess the reporting, staffing, accountability, and chain of command structure of the VA police officers at VA medical centers.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Education Opportunities Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The American Hospital Association reported in July 2007 that United States hospitals need approximately 116,000 registered nurses to fill vacant positions nationwide. (2) To address the shortage of qualified nurses, schools of nursing have developed accelerated, second-baccalaureate degree programs in nursing. In 2005, these programs graduated 3,769 students. The number of accelerated degree graduates in 2006 was 5,236. This is an additional 1,467 nursing graduates in 1 year. (3) Despite the nurse shortage and efforts to increase the pool of qualified nurses, schools of nursing struggle to increase student capacity. According to the American Association of Colleges of Nursing (referred to in this Act as the ``AACN''), United States nursing schools turned away nearly 43,000 qualified applicants in 2006 primarily due to an insufficient number of faculty. (4) The AACN reported in July 2006, a total of 637 faculty vacancies at 329 nursing schools with baccalaureate or graduate programs, or both, across the Nation. Besides the vacancies, schools cited the need to create an additional 55 faculty positions to accommodate student demand. Most of the vacancies (53.7 percent) were faculty positions requiring a doctoral degree. (5) In 2007, the Association of Academic Health Centers surveyed chief executive officers (CEOs) from academic health centers regarding faculty shortages across various health professions. The CEOs rated the nursing faculty shortage as the most severe of all health professions with 81 percent noting the nursing faculty shortage as a problem. (6) The average ages of doctorally-prepared nurse faculty holding the ranks of professor, associate professor, and assistant professor are 58.6, 55.8, and 51.6 years, respectively. Considering the average age of nurse faculty at retirement is 62.5 years, a wave of nurse faculty retirements is expected in the next decade. (7) Master's and doctoral programs in nursing are not producing a large enough pool of potential nurse educators to meet the demand. In 2006, the AACN found that graduations from doctoral nursing programs were up by only 1.4 percent from the previous academic year. (8) Nurses are vital to the Nation's health care delivery system. Due to the nurse shortage, patient safety and quality of care are at risk. Given the findings described in paragraphs (1) through (7), measures must be taken to address the nurse shortage and nursing faculty shortage. SEC. 3. NURSING STUDENT LOAN PROGRAM. Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.) is amended-- (1) in section 835(b)(4), by inserting ``(including a student in an accelerated nursing degree program who is pursuing a second baccalaureate degree or a master's degree as an entry level nursing degree)'' after ``graduate degree in nursing''; and (2) in section 836-- (A) in subsection (a)-- (i) by striking ``$2,500'' and inserting ``$4,400''; (ii) by striking ``$4,000'' and inserting ``$7,000''; and (iii) by striking ``$13,000'' and inserting ``$22,900''; and (B) in subsection (b)-- (i) in paragraph (1), by inserting ``(including a student in an accelerated nursing degree program who is pursuing a second baccalaureate degree or a master's degree as an entry level nursing degree)'' after ``graduate degree in nursing''; and (ii) in paragraph (2), by inserting ``(including a student in an accelerated nursing degree program who is pursuing a second baccalaureate degree)'' after ``equivalent degree''. SEC. 4. ACCELERATED NURSING DEGREE PROGRAMS. Section 801(3) of the Public Health Service Act (42 U.S.C. 296(3)) is amended by inserting ``(including an accelerated nursing degree program)'' before ``and including''. SEC. 5. ADVANCED EDUCATION NURSING GRANTS. Section 811(f)(2) of the Public Health Service Act (42 U.S.C. 296j(f)(2)) is amended by striking the period at the end and inserting ``, except in the case of a nurse faculty shortage, the Secretary may, in the Secretary's discretion, obligate more than 10 percent of such traineeships for individuals in doctoral degree programs.''. SEC. 6. GRANT PROGRAM FOR DOCTORAL NURSING PROGRAMS. Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by adding at the end the following: ``SEC. 832. GRANT PROGRAM FOR DOCTORAL NURSING PROGRAMS. ``(a) In General.--The Secretary shall award grants to eligible entities to enable the eligible entities to establish doctoral nursing degree programs. ``(b) Eligible Entity.--In this section, the term `eligible entity' means an entity that is 1 of the `eligible entities' as such term is defined in section 801. ``(c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(d) Selection of Grant Recipients.--Not later than 6 months after the date of enactment of the Nursing Education Opportunities Act, the Secretary shall establish requirements and procedures for the administration of grants under this section and procedures for selecting grant recipients. In awarding grants under this section, the Secretary shall consider the following: ``(1) Doctoral nursing program distribution.--Providing priority to eligible entities located in States in which there are no doctoral nursing degree programs. ``(2) Geographic distribution.--Providing an equitable geographic distribution of such grants. ``(3) Rural and urban areas.--Distributing such grants to rural and urban areas. ``(4) Prior experience or exceptional programs.--Whether the eligible entity has demonstrated-- ``(A) prior experience in, or exceptional programs for, the preparation of baccalaureate prepared nurses or master's prepared nurses; and ``(B) an interest in establishing a doctoral nursing degree program. ``(e) Grant Amount.--Each grant awarded under this section shall be equal to not more than $2,000,000. ``(f) Grant Duration.--A grant awarded under this section shall be for a period of not more than 5 years. ``(g) Use of Funds.--An eligible entity that receives a grant under this section shall use the grant funds to establish a doctoral nursing degree program, including-- ``(1) hiring administrators, faculty, and staff; ``(2) retaining current faculty; ``(3) developing doctoral curriculum; ``(4) repairing and expanding infrastructures; ``(5) purchasing educational equipment; ``(6) developing and enhancing clinical laboratories; ``(7) recruiting students; ``(8) establishing technology infrastructures; and ``(9) other investments determined necessary by the eligible entity for the development of a doctoral nursing degree program. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section not more than $40,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 4 succeeding fiscal years.''. SEC. 7. DOCTORAL NURSING CONSORTIA PILOT PROJECT. Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.), as amended by section 6, is further amended by adding at the end the following: ``SEC. 833. DOCTORAL NURSING CONSORTIA PILOT PROJECT. ``(a) Purpose.--The purpose of the pilot project under this section is to provide grants to partnerships of eligible entities to establish consortia to enhance and expand the availability of doctoral nurse faculty and education by enabling the partners involved to share doctoral faculty and programmatic resources so that the nursing faculty shortage does not further inhibit the preparation of future nurses or nurse faculty. ``(b) In General.--The Secretary shall award grants to partnerships of eligible entities to enable the partnerships to establish doctoral nursing consortia. ``(c) Definitions.--In this section: ``(1) Doctoral nursing consortium.--The term `doctoral nursing consortium' means a partnership that includes 2 or more of-- ``(A) eligible entities within the same State; ``(B) eligible entities within different States; or ``(C) eligible entities establishing a doctoral nursing program. ``(2) Eligible entity.--The term `eligible entity' has the meaning given the term in section 832(b). ``(d) Application.--A partnership of eligible entities that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such partnership may apply for a grant under this section each year of the pilot project. ``(e) Selection.--Not later than 6 months after the date of enactment of the Nursing Education Opportunities Act, the Secretary shall establish requirements and procedures for the administration of grants under this section and procedures for selecting grant recipients. ``(f) Consideration in Making Awards.--In awarding grants under this section, the Secretary shall consider the following: ``(1) Prior experience or exceptional programs.--Eligible entities that have demonstrated prior experience in, or exceptional programs for, the preparation of-- ``(A) doctorally prepared nursing faculty and nursing researchers; and ``(B) baccalaureate prepared nurses or master's prepared nurses. ``(2) Geographic distribution.--Providing an equitable geographic distribution of such grants. ``(3) Rural and urban areas.--Distributing such grants to rural and urban areas. ``(4) New grantees.--Awarding grants to eligible entities that have not previously received a grant under this section. ``(g) Grant Amount.--The Secretary shall determine the amount of each grant awarded under this section based on the purpose of this section, which amount shall not be more than $500,000. ``(h) Use of Funds.--A partnership of eligible entities that receives a grant under this section shall use the grant funds to establish a doctoral nursing consortium that shall share doctoral faculty and programmatic resources, such as-- ``(1) establishing technology infrastructures; ``(2) developing shared doctoral curriculum; ``(3) hiring faculty and staff; ``(4) retaining current faculty; ``(5) providing travel stipends for nursing faculty who agree to teach nursing courses at another eligible entity within the doctoral nursing consortium; ``(6) providing scholarships for post-doctoral fellows who agree to teach a nursing course within the nursing doctoral consortium; ``(7) providing collaborative networks for nursing research; and ``(8) other investments determined necessary by the eligible entities for use within the doctoral nursing consortium. ``(i) Grant Duration.--The pilot project under this section shall be for a period of not more than 5 years. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section not more than $10,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 4 succeeding fiscal years.''. SEC. 8. NURSE FACULTY PILOT PROJECT. Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following: ``PART F--NURSE FACULTY PILOT PROJECT ``SEC. 781. PURPOSES. ``The purposes of this part are to create a pilot program-- ``(1) to provide scholarships to qualified nurses in pursuit of an advanced degree with the goal of becoming faculty members in an accredited nursing program; and ``(2) to provide grants to partnerships between accredited schools of nursing and hospitals or health facilities to fund release time for qualified nurse employees, so that those employees can earn a salary while obtaining an advanced degree in nursing with the goal of becoming nurse faculty. ``SEC. 782. ASSISTANCE AUTHORIZED. ``(a) Competitive Grants Authorized.--The Secretary may, on a competitive basis, award grants to, and enter into contracts and cooperative agreements with, partnerships composed of an accredited school of nursing at an institution of higher education and a hospital or health facility to establish not more than 5 pilot projects to enable such hospital or health facility to retain its staff of experienced nurses while providing a mechanism to have these individuals become, through an accelerated nursing education program, faculty members of an accredited school of nursing. ``(b) Duration; Evaluation and Dissemination.-- ``(1) Duration.--Grants under this part shall be awarded for a period of 3 to 5 years. ``(2) Mandatory evaluation and dissemination.--Grants under this part shall be primarily used for evaluation, and dissemination to other institutions of higher education, of the information obtained through the activities described in section 781(2). ``(c) Considerations in Making Awards.--In awarding grants and entering into contracts and cooperative agreements under this section, the Secretary shall consider the following: ``(1) Geographic distribution.--Providing an equitable geographic distribution of such grants. ``(2) Rural and urban areas.--Distributing such grants to urban and rural areas. ``(3) Range and type of institution.--Ensuring that the activities to be assisted are developed for a range of types and sizes of institutions of higher education. ``(4) Prior experience or exceptional programs.-- Institutions of higher education with demonstrated prior experience in providing advanced nursing education programs to prepare nurses interested in pursuing a faculty role. ``(d) Uses of Funds.--Funds made available by grant, contract, or cooperative agreement under this part may be used-- ``(1) to develop a new national demonstration initiative to align nursing education with the emerging challenges of healthcare delivery; and ``(2) for any 1 or more of the following innovations in educational programs: ``(A) To develop a clinical simulation laboratory in a hospital, health facility, or accredited school of nursing. ``(B) To purchase distance learning technologies. ``(C) To fund release time for qualified nurses enrolled in the graduate nursing program. ``(D) To provide for faculty salaries. ``(E) To collect and analyze data on educational outcomes. ``SEC. 783. APPLICATIONS. ``Each partnership desiring to receive a grant, contract, or cooperative agreement under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include assurances that-- ``(1) the individuals enrolled in the program will be qualified nurses in pursuit of a master's or doctoral degree in nursing and have a contractual obligation with the hospital or health facility that is in partnership with the institution of higher education; ``(2) the hospital or health facility of employment would be the clinical site for the accredited school of nursing program; ``(3) individuals will also maintain their employment on a part time basis to the hospital or health facility that allowed them to participate in the program, and will receive an income from the hospital or health facility, as a part time employee, and release times or flexible schedules to accommodate the individuals' class schedules; and ``(4) upon completion of the program, an individual agrees to teach for 2 years in an accredited school of nursing for each year of support the individual received under this program. ``SEC. 784. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for this part not more than $10,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 4 succeeding fiscal years. ``SEC. 785. DEFINITION. ``For purposes of this part, the term `health facility' means an Indian Health Service health service center, a Native Hawaiian health center, a hospital, a Federally qualified health center, a rural health clinic, a nursing home, a home health agency, a hospice program, a public health clinic, a State or local department of public health, a skilled nursing facility, or ambulatory surgical center.''.

Nursing Education Opportunities Act - Amends the Public Health Service Act to include accelerated degree nursing students who pursue a second baccalaureate degree or a master's degree as an entry level nursing degree as eligible for financial assistance through nursing programs in the Act, including the Nursing Student Loan Program. Raises the yearly loan amounts available to all nursing students through that Program. Modifies the definition of "collegiate school of nursing" to include accelerated nursing degree programs. Authorizes the Secretary of Health and Human Services, in the case of a nurse faculty shortage, to obligate more than 10% of traineeships for individuals in doctoral degree programs. Directs the Secretary to award grants to: (1) eligible entities to establish doctoral nursing degree programs, giving priority to such entities located in states in which there are no such programs; and (2) partnerships of eligible entities to establish doctoral nursing consortia to enhance and expand the availability of doctoral nurse faculty and education by enabling the partners to share doctoral faculty and programmatic resources. Amends the Higher Education Act of 1965 to authorize the Secretary to award grants to partnerships composed of an accredited nursing school at an institution of higher education and a hospital or health facility to establish up to five pilot projects to enable such hospital or facility to retain its staff of experienced nurses while providing a mechanism to have these individuals become, through an accelerated nursing education program, faculty members of an accredited nursing school.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Mammal Rescue Assistance Amendments of 2009''. SEC. 2. STRANDING AND ENTANGLEMENT RESPONSE. (a) Collection and Updating of Information.--Section 402(b)(1)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a(b)(1)(A)) is amended by inserting ``or entangled'' after ``stranded''. (b) Entanglement Response Agreements.-- (1) In general.--Section 403 of that Act (16 U.S.C. 1421b) is amended-- (A) by striking the section heading and inserting the following: ``SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.'' ; and (B) by striking ``stranding.'' in subsection (a) and inserting ``stranding or entanglement.''. (2) Clerical amendment.--The table of contents for title IV of that Act is amended by striking the item relating to section 403 and inserting the following: ``Sec. 403. Stranding or entanglement response agreements.''. (c) Liability.--Section 406(a) of such Act (16 U.S.C. 1421e(a)) is amended by inserting ``or entanglement'' after ``stranding''. (d) Entanglement Defined.-- (1) In general.--Section 410 of such Act (16 U.S.C. 1421h) is amended-- (A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (B) by inserting before paragraph (2) (as so redesignated) the following: ``(1) The term `entanglement' means an event in the wild in which a living or dead marine mammal has gear, rope, line, net, or other material wrapped around or attached to it and is-- ``(A) on a beach or shore of the United States; or ``(B) in waters under the jurisdiction of the United States.''. (2) Conforming amendment.--Section 408(a)(2)(B)(i) of such Act (16 U.S.C. 1421f-1(a)(2)(B)(i)) is amended by striking ``section 410(6)'' and inserting ``section 410(7)''. (e) Unusual Mortality Event Funding.--Section 405 of such Act (16 U.S.C. 1421d) is amended-- (1) by striking ``to compensate persons for special costs'' in subsection (b)(1)(A)(i) and inserting ``to make advance, partial, or progress payments under contracts or other funding mechanisms for property, supplies, salaries, services, and travel costs''; (2) by striking ``preparing and transporting'' in subsection (b)(1)(A)(ii) and inserting ``the preparation, analysis, and transportation of''; (3) by striking ``event for'' in subsection (b)(1)(A)(ii) and inserting ``event, including such transportation for''; (4) by striking ``and'' after the semicolon in subsection (c)(2); (5) by striking ``subsection (d).'' in subsection (c)(3) and inserting ``subsection (d); and''; and (6) by adding at the end of subsection (c) the following: ``(4) up to $500,000 per fiscal year (as determined by the Secretary) from amounts appropriated to the Secretary for carrying out this title and the other titles of this Act.''. (f) John H. Prescott Marine Mammal Rescue and Response Funding Program.-- (1) Authorization of appropriations.--Section 408(h) of such Act (16 U.S.C. 1421f-1(h)) is amended to read as follows: ``(h) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section, other than subsection (a)(3), $7,000,000 for each of fiscal years 2010 through 2014, to remain available until expended, of which-- ``(A) $6,000,000 may be available to the Secretary of Commerce; and ``(B) $1,000,000 may be available to the Secretary of the Interior. ``(2) Rapid response fund.--There are authorized to be appropriated to the John H. Prescott Marine Mammal Rescue and Rapid Response Fund established by subsection (a)(3), $500,000 for each of fiscal years 2010 through 2014. ``(3) Additional rapid response funds.--There shall be deposited into the Fund established by subsection (a)(3) up to $500,000 per fiscal year (as determined by the Secretary) from amounts appropriated to the Secretary for carrying out this title and the other titles of this Act.''. (2) Administrative costs and expenses.--Section 408(f) of such Act (16 U.S.C. 1421f-1(f)) is amended to read as follows: ``(f) Administrative Costs and Expenses.--Of the amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative costs and administrative expenses to implement the program under subsection (a). Any such funds retained by the Secretary for a fiscal year for such costs and expenses that are not used for such costs and expenses before the end of the fiscal year shall be provided under subsection (a).''. (3) Emergency assistance.--Section 408 of such Act (16 U.S.C. 1421f-1) is amended-- (A) by striking so much of subsection (a) as precedes paragraph (2) and inserting the following: ``(a) In General.--(1) Subject to the availability of appropriations, the Secretary shall conduct a program to be known as the John H. Prescott Marine Mammal Rescue and Response Funding Program, to provide for the recovery or treatment of marine mammals, the collection of data from living or dead stranded or entangled marine mammals for scientific research regarding marine mammal health, facility operation costs that are directly related to those purposes, and stranding or entangling events requiring emergency assistance. All funds available to implement this section shall be distributed to eligible stranding network participants for the purposes set forth in this paragraph and paragraph (2), except as provided in subsection (f).''; (B) by redesignating paragraph (2) as paragraph (4) and inserting after paragraph (1) the following: ``(2) Contract authority.--To carry out the activities set out in paragraph (1), the Secretary may enter into grants, cooperative agreements, contracts, or such other agreements or arrangements as the Secretary deems appropriate. ``(3) Prescott rapid response fund.--There is established in the Treasury an interest bearing fund to be known as the `John H. Prescott Marine Mammal Rescue and Rapid Response Fund', which shall consist of a portion of amounts deposited into the Fund under subsection (h) or received as contributions under subsection (i), and which shall remain available until expended without regard to any statutory or regulatory provision related to the negotiation, award, or administration of any grants, cooperative agreements, and contracts.''; (C) by striking ``designated as of the date of the enactment of the Marine Mammal Rescue Assistance Act of 2000, and in making such grants'' in paragraph (4), as redesignated, and inserting ``as defined in subsection (g)(3). The Secretary''; and (D) by striking ``subregions.'' in paragraph (4), as redesignated, and inserting ``subregions where such facilities exist.''; (E) by striking subsections (d) and (e) and inserting the following: ``(d) Limitation.-- ``(1) In general.--Support for an individual project under this section may not exceed $200,000 for any 12-month period. ``(2) Unexpended funds.--Amounts provided as support for an individual project under this section that are unexpended or unobligated at the end of such period-- ``(A) shall remain available until expended; and ``(B) shall not be taken into account in any other 12-month period for purposes of paragraph (1). ``(e) Matching Requirement.-- ``(1) In general.--Except as provided in paragraph (2), the non-Federal share of the costs of an activity conducted with funds under this section shall be 25 percent of such Federal costs. ``(2) Waiver.--The Secretary shall waive the requirements of paragraph (1) with respect to an activity conducted with emergency funds disbursed from the Fund established by subsection (a)(3). ``(3) In-kind contributions.--The Secretary may apply to the non-Federal share of an activity conducted with a grant under this section the amount of funds, and the fair market value of property and services, provided by non-Federal sources and used for the activity.''; and (F) by redesignating paragraph (2) of subsection (g) as paragraph (3) and inserting after paragraph (1) the following: ``(2) Emergency assistance.--The term `emergency assistance' means assistance provided for a stranding or entangling event-- ``(A) that-- ``(i) is not an unusual mortality event as defined in section 409(7); ``(ii) leads to an immediate increase in required costs for stranding or entangling response, recovery, or rehabilitation in excess of regularly scheduled costs; ``(iii) may be cyclical or endemic; and ``(iv) may involve out-of-habitat animals; or ``(B) is found by the Secretary to qualify for emergency assistance.''. (4) Contributions.--Section 408 of such Act (16 U.S.C. 1421f-1) is amended by adding at the end the following: ``(i) Contributions.--For purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action.''. (5) Conforming amendment.--The section heading for section 408 is amended to read as follows: ``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE FUNDING PROGRAM.''. (g) Authorization of Appropriations for Marine Mammal Unusual Mortality Event Fund.--Section 409 of such Act (16 U.S.C. 1421g) is amended-- (1) by striking ``1993 and 1994;'' in paragraph (1) and inserting ``2010 through 2014;''; (2) by striking ``1993 and 1994;'' in paragraph (2) and inserting ``2010 through 2014;''; and (3) by striking ``fiscal year 1993.'' in paragraph (3) and inserting ``each of fiscal years 2010 through 2014.''.

Marine Mammal Rescue Assistance Amendments of 2009 - Amends the Marine Mammal Protection Act of 1972 to require the collection and updating of existing practices and procedures for rescuing and rehabilitating stranded or entangled (under current law, only stranded) marine mammals. Authorizes entanglement response agreements. Broadens the sources and allowed uses of amounts in the Marine Mammal Unusual Mortality Event Fund. Renames the John H. Prescott Marine Mammal Rescue Assistance Grant Program as the John H. Prescott Marine Mammal Rescue and Response Funding Program and authorizes appropriations to it for FY2010-FY2014. Adds providing for stranding or entangling events requiring emergency assistance to the program's duties. Authorizes carrying out the program through grants, cooperative agreements, contracts, or other arrangements. Establishes in the Treasury the John H. Prescott Marine Mammal Rescue and Rapid Response Fund. Limits support for an individual project under the program to $200,000 for any 12-month period. (Current law limits support to $100,000 and makes no reference to a time period.) Defines the term "emergency assistance" as assistance for a stranding or entangling event that: (1) is not an unusual mortality event, leads to an immediate increase in required costs in excess of regularly scheduled costs, may be cyclical or endemic, and may involve out-of-habitat animals; or (2) is found to qualify for such assistance. Authorizes appropriations for FY2010-FY2014 for provisions of the Marine Mammal Protection Act of 1972 to protect and rescue stranded and entangled marine mammals, including the Marine Mammal Unusual Mortality Event Fund and the National Marine Mammal Tissue Bank.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Infrastructure and Roads Enhancement and Safety Act'' or the ``TIRES Act''. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of the Interior. SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO CERTAIN TRIBAL TRANSPORTATION FACILITIES. (a) Definition of Tribal Transportation Safety Project.-- (1) In general.--In this section, the term ``tribal transportation safety project'' means a project described in paragraph (2) that is eligible for funding under section 202 of title 23, United States Code, and that-- (A) corrects or improves a hazardous road location or feature; or (B) addresses a highway safety problem. (2) Projects described.--A project described in this paragraph is a project for 1 or more of the following: (A) An intersection safety improvement. (B) Pavement and shoulder widening (including the addition of a passing lane to remedy an unsafe condition). (C) Installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians, including persons with disabilities. (D) Installation of a skid-resistant surface at an intersection or other location with a high frequency of crashes. (E) An improvement for pedestrian or bicyclist safety or the safety of persons with disabilities. (F) Construction and improvement of a railway- highway grade crossing safety feature, including the installation of protective devices. (G) The conduct of a model traffic enforcement activity at a railway-highway crossing. (H) Construction of a traffic calming feature. (I) Elimination of a roadside hazard. (J) Installation, replacement, and other improvements of highway signage and pavement markings or a project to maintain minimum levels of retroreflectivity that addresses a highway safety problem consistent with a State strategic highway safety plan. (K) Installation of a priority control system for emergency vehicles at signalized intersections. (L) Installation of a traffic control or other warning device at a location with high crash potential. (M) Transportation safety planning. (N) Collection, analysis, and improvement of safety data. (O) Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities (including police assistance) relating to work zone safety. (P) Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of road users and workers), and crash attenuators. (Q) The addition or retrofitting of structures or other measures to eliminate or reduce crashes involving vehicles and wildlife. (R) Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school zones. (S) Construction and operational improvements on a high risk rural road (as defined in section 148(a) of title 23, United States Code). (T) Geometric improvements to a road for the purposes of safety improvement. (U) A road safety audit. (V) Roadway safety infrastructure improvements consistent with the recommendations included in the publication of the Federal Highway Administration entitled ``Handbook for Designing Roadways for the Aging Population'' (FHWA-SA-14-015), dated June 2014 (or a revised or updated publication). (W) Truck parking facilities eligible for funding under section 1401 of MAP-21 (23 U.S.C. 137 note; Public Law 112-141). (X) Systemic safety improvements. (Y) Installation of vehicle-to-infrastructure communication equipment. (Z) Pedestrian hybrid beacons. (AA) Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands. (BB) A physical infrastructure safety project not described in subparagraphs (A) through (AA). (b) New Categorical Exclusions.-- (1) Review of existing categorical exclusions.--The Secretary shall review the categorical exclusions under section 771.117 of title 23, Code of Federal Regulations (or successor regulations), to determine which, if any, are applicable for use by the Secretary in review of projects eligible for assistance under section 202 of title 23, United States Code. (2) Review of tribal transportation safety projects.--The Secretary shall identify tribal transportation safety projects that meet the requirements for categorical exclusions under sections 1507.3 and 1508.4 of title 40, Code of Federal Regulations. (3) Proposal.--The Secretary shall issue a proposed rule, in accordance with sections 1507.3 and 1508.4 of title 40, Code of Federal Regulations, to propose any categorical exclusions identified under paragraphs (1) and (2). (4) Deadline.--Not later than 180 days after the date of enactment of this Act, and after considering any comments on the proposed rule issued under paragraph (3), the Secretary shall promulgate a final rule for the categorical exclusions, in accordance with sections 1507.3 and 1508.4 of title 40, Code of Federal Regulations. (5) Technical assistance.--The Secretary of Transportation shall provide technical assistance to the Secretary in carrying out this subsection. (c) Reviews of Tribal Transportation Safety Projects.-- (1) In general.--The Secretary or the head of another Federal agency responsible for a decision related to a tribal transportation safety project shall complete any approval or decision for the review of the tribal transportation safety project required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal law on an expeditious basis using the shortest existing applicable process. (2) Review of applications.--Not later than 45 days after the date of receipt of a complete application by an Indian tribe for approval of a tribal transportation safety project, the Secretary shall-- (A) take final action on the application; or (B) provide the Indian tribe a schedule for completion of the review described in paragraph (1), including the identification of any other Federal agency that has jurisdiction with respect to the project. (3) Decisions under other federal laws.--In any case in which a decision under any other Federal law relating to a tribal transportation safety project (including the issuance or denial of a permit or license) is required, not later than 45 days after the Secretary has made all decisions of the lead agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project, the head of the Federal agency responsible for the decision shall-- (A) make the applicable decision; or (B) provide the Indian tribe a schedule for making the decision. (4) Extensions.--The Secretary or the head of an applicable Federal agency may extend the period under paragraph (2) or (3), as applicable, by an additional 30 days by providing the Indian tribe notice of the extension, including a statement of the need for the extension. (5) Notification and explanation.--In any case in which a required action is not completed by the deadline under paragraph (2), (3), or (4), as applicable, the Secretary or the head of a Federal agency, as applicable, shall-- (A) notify the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives of the failure to comply with the deadline; and (B) provide to the Committees described in subparagraph (A) a detailed explanation of the reasons for the failure to comply with the deadline. SEC. 4. PROGRAMMATIC AGREEMENTS FOR CATEGORICAL EXCLUSIONS. (a) In General.--The Secretary shall enter into programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for projects eligible for assistance under section 202 of title 23, United States Code. (b) Inclusions.--A programmatic agreement under subsection (a)-- (1) may include an agreement that allows an Indian tribe to determine, on behalf of the Secretary, whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (2) shall-- (A) require that the Indian tribe maintain adequate capacity in terms of personnel and other resources to carry out applicable agency responsibilities pursuant to section 1507.2 of title 40, Code of Federal Regulations (or successor regulations); (B) set forth the responsibilities of the Indian tribe for making categorical exclusion determinations, documenting the determinations, and achieving acceptable quality control and quality assurance; (C) allow-- (i) the Secretary to monitor compliance of the Indian tribe with the terms of the agreement; and (ii) the Indian tribe to execute any needed corrective action; (D) contain stipulations for amendments, termination, and public availability of the agreement once the agreement has been executed; and (E) have a term of not more than 5 years, with an option for renewal based on a review by the Secretary of the performance of the Indian tribe. Passed the Senate December 10 (legislative day, December 9), 2016. Attest: Secretary. 114th CONGRESS 2d Session S. 1776 _______________________________________________________________________ AN ACT To enhance tribal road safety, and for other purposes.

Tribal Infrastructure and Roads Enhancement and Safety Act or the TIRES Act (Sec. 3) This bill modifies the approval process used for certain transportation projects on Indian reservations by allowing categorical exclusions from National Environmental Policy Act (NEPA) requirements. A "categorical exclusion" is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an environmental assessment nor an environmental impact statement is required. A "tribal transportation safety project" is one that is eligible for assistance under the tribal transportation program and that: corrects or improves a hazardous road location or feature, or addresses a highway safety problem. The Department of the Interior shall review existing categorical exclusions for tribal transportation program projects and identify tribal transportation safety projects that meet categorical exclusion requirements. The bill prescribes requirements for the expedited review and approval of tribal transportation safety projects under NEPA or other federal laws. (Sec. 4) Interior shall enter into five-year programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for tribal transportation projects, including whether any project is categorically excluded from the preparation of an environmental assessment or impact statement under NEPA.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Manufacturing and Rebuilding Transit Act of 2011'' or the ``SMART Act''. SEC. 2. PREFERENCE IN AWARDING COMPETITIVE TRANSPORTATION INFRASTRUCTURE GRANTS. (a) Preference.--In awarding grants for projects that include the purchase of transit vehicle rolling stock, rail, and supporting equipment, the Secretary of Transportation shall give preference to a project if the manufactured goods to be purchased have a domestic content percentage that-- (1) exceeds otherwise applicable Federal requirements; and (2) in the case of rolling stock, is consistent with industry-recognized standards, if available. (b) Covered Grants.--The grants referred to in subsection (a) are discretionary or competitive grants, loans, loan guarantees, and lines of credit-- (1) authorized under chapter 53 of title 49, United States Code; (2) used to fund in full or in part projects eligible for Federal assistance under such chapter; or (3) provided by the Department of Transportation for entities eligible for financial assistance under chapter 53 of title 49, United States Code. SEC. 3. INCREASING THE TRANSPARENCY OF DOMESTIC CONTENT WAIVERS. (a) Clarity in Domestic Content Regulations.--The Secretary of Transportation shall establish a centralized Web site that provides rules and guidance, waiver notices, and departmental and agency actions applicable to the domestic content standards of the Federal-aid programs within the jurisdiction of the Department of Transportation. (b) Transparency in Waivers.-- (1) Public transportation assistance.--Section 5323(j) of title 49, United States Code, is amended-- (A) in paragraph (2)(C)(i), by inserting ``(excluding labor costs involved in final assembly)'' after ``United States''; (B) by striking paragraph (4); (C) by redesignating paragraph (5) as paragraph (4); and (D) by inserting after paragraph (4), as redesignated, the following: ``(5) Limitations on Waivers.-- ``(A) Requests for waivers.--Not later than 7 days after the Secretary receives a written request for a waiver of any requirement under this subsection or section 5307(d)(1)(E)(iii), the Secretary shall-- ``(i) publish the request on a publicly available agency Web site in an easily identifiable location; and ``(ii) provide the public with at least 30 days for notice and comment before issuing the requested waiver. ``(B) Waivers granted.--Not later than 30 days after the Secretary decides to waive any requirement under this subsection or section 5307(d)(1)(E)(iii), the Secretary shall publish the decision and the justification for such decision in the Federal Register and on the publicly available Web site described in subparagraph (A). ``(C) Notification of the office of management and budget.--If the Secretary grants a waiver of any requirement under this subsection or section 5307(d)(1)(E)(iii), the Secretary shall submit to the Director of the Office of Management and Budget-- ``(i) a notification of the application of the exception; and ``(ii) a statement describing the procurement and the exception being applied.''. (2) Amtrak.--Section 24305(f) of title 49, United States Code, is amended-- (A) in paragraph (4), by striking ``exempt Amtrak from this subsection'' and inserting ``waive paragraph (2)''; and (B) by adding at the end the following: ``(5) Limitations on Waivers.-- ``(A) Requests for waivers.--Not later than 7 days after the Secretary of Transportation receives a written request for a waiver of paragraph (2), the Secretary shall-- ``(i) publish the request on a publicly available agency Web site in an easily identifiable location; and ``(ii) provide the public with at least 30 days for notice and comment before issuing the requested waiver. ``(B) Waivers granted.--Not later than 30 days after the Secretary decides to waive paragraph (2), the Secretary shall publish the decision and the justification for such decision in the Federal Register and on the publicly available Web site described in subparagraph (A). ``(C) Notification of the office of management and budget.--If the Secretary grants a waiver of paragraph (2), the Secretary shall submit to the Director of the Office of Management and Budget-- ``(i) a notification of the application of the exception; and ``(ii) a statement describing the procurement and the exception being applied.''. (3) Intercity passenger rail service.--Section 24405(a) of title 49, United States Code, is amended-- (A) by redesignating paragraphs (7) through (11) as paragraphs (8) through (12), respectively; and (B) by inserting after paragraph (6) the following: ``(7) Limitations on Waivers.-- ``(A) Requests for waivers.--Not later than 7 days after the Secretary of Transportation receives a written request for a waiver of any requirement under this subsection, the head of such agency shall-- ``(i) publish the request on a publicly available agency Web site in an easily identifiable location; and ``(ii) provide the public with a minimum of 30 days for notice and comment before issuing the requested waiver. ``(B) Waivers granted.--Not later than 30 days after the Secretary decides to waive any requirement under this subsection, the Secretary shall publish the decision and the justification for such decision in the Federal Register and on the publicly available Web site described in subparagraph (A). ``(C) Notification of the office of management and budget.--If the Secretary grants a waiver of any requirement under this subsection, the Secretary shall submit to the Director of the Office of Management and Budget-- ``(i) a notification of the application of the exception; and ``(ii) a statement describing the procurement and the exception being applied.''. SEC. 4. REQUIREMENT FOR ANNUAL REPORTING ON EXCEPTIONS TO DOMESTIC SOURCE REQUIREMENTS FOR TRANSPORTATION INVESTMENTS. (a) In General.--Not later than 60 days after the end of a fiscal year, the Inspector General of the Department of Transportation shall submit a report to Congress on the acquisitions supported by Federal transportation infrastructure investments which did not satisfy applicable domestic content standards. (b) Contents of Report.--The report submitted under subsection (a) shall include, for the fiscal year covered by such report-- (1) the number of all domestic content waivers issued for transportation infrastructure, rolling stock, and supporting equipment purchases; (2) the countries and specifications of the products for which waivers were granted; (3) an itemized list of all waivers granted with respect to articles, materials, and supplies; (4) any law that requires procurement of goods from a domestic source; (5) a citation to the treaty, international agreement, or other law under which each waiver was granted, if applicable; (6) the specific exception under the applicable domestic content standards that was used to purchase such articles, materials, or supplies, if any articles, materials, or supplies were acquired from entities that manufacture articles, materials, or supplies outside of the United States; and (7) a summary of-- (A) the total procurement funds expended on articles, materials, and supplies manufactured inside the United States; and (B) the total procurement funds expended on articles, materials, and supplies manufactured outside of the United States.

Strengthening Manufacturing and Rebuilding Transit Act of 2011 or SMART Act - Requires the Secretary of Transportation (DOT) to give preference to the award of discretionary or competitive grants, loans, loan guarantees, and lines of credit to transportation infrastructure projects, including the purchase of transit vehicle rolling stock, rail, and supporting equipment, in which manufactured goods to be purchased have a domestic content percentage that: (1) exceeds applicable federal requirements; and (2) in the case of rolling stock, is consistent with industry-recognized standards, if available. Directs the Secretary to establish a centralized website that provides rules and guidance, waiver notices, and agency actions of the domestic content (Buy America) standards for DOT federal-aid programs. Requires the Secretary to subject to public notice and comment any request for waiver, and to publication in the Federal Register and notification to Director of the Office of Management and Budget (OMB) of any waiver, of Buy America requirements involving: (1) public transportation projects, (2) AMTRAK acquisition and maintenance of equipment and facilities, and (3) intercity passenger rail service corridor capital assistance projects. Directs the DOT Inspector General to report annually to Congress on acquisitions funded by federal transportation infrastructure investments that do not comply with Buy American requirements.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Arabia Mountain National Heritage Area Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Arabia Mountain area contains a variety of natural, cultural, historical, scenic, and recreational resources that together represent distinctive aspects of the heritage of the United States that are worthy of recognition, conservation, interpretation, and continuing use. (2) The best methods for managing the resources of the Arabia Mountain area would be through partnerships between public and private entities that combine diverse resources and active communities. (3) Davidson-Arabia Mountain Nature Preserve, a 535-acre park in DeKalb County, Georgia-- (A) protects granite outcrop ecosystems, wetland, and pine and oak forests; and (B) includes federally-protected plant species. (4) Panola Mountain, a national natural landmark, located in the 860-acre Panola Mountain State Conservation Park, is a rare example of a pristine granite outcrop. (5) The archaeological site at Miners Creek Preserve along the South River contains documented evidence of early human activity. (6) The city of Lithonia, Georgia, and related sites of Arabia Mountain and Stone Mountain possess sites that display the history of granite mining as an industry and culture in Georgia, and the impact of that industry on the United States. (7) The community of Klondike is eligible for designation as a National Historic District. (8) The city of Lithonia has 2 structures listed on the National Register of Historic Places. (b) Purposes.--The purposes of this Act are as follows: (1) To recognize, preserve, promote, interpret, and make available for the benefit of the public the natural, cultural, historical, scenic, and recreational resources in the area that includes Arabia Mountain, Panola Mountain, Miners Creek, and other significant sites and communities. (2) To assist the State of Georgia and the counties of DeKalb, Rockdale, and Henry in the State in developing and implementing an integrated cultural, historical, and land resource management program to protect, enhance, and interpret the significant resources within the heritage area. SEC. 3. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Heritage area.--The term ``heritage area'' means the Arabia Mountain National Heritage Area established by section 4. (2) Management entity.--The term ``management entity'' means the Arabia Mountain Heritage Area Alliance or a successor of the Arabia Mountain Heritage Area Alliance. (3) Management plan.--The term ``management plan'' means the management plan for the heritage area developed under section 6. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Georgia. SEC. 4. ARABIA MOUNTAIN NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Arabia Mountain National Heritage Area in the State. (b) Boundaries.--The heritage area shall consist of certain parcels of land in the counties of DeKalb, Rockdale, and Henry in the State, as generally depicted on the map entitled ``Arabia Mountain National Heritage Area'', numbered AMNHA/80,000, and dated October, 2003. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Management Entity.--The Arabia Mountain Heritage Area Alliance shall be the management entity for the heritage area. SEC. 5. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY. (a) Authorities.--For purposes of developing and implementing the management plan, the management entity may-- (1) make grants to, and enter into cooperative agreements with, the State, political subdivisions of the State, and private organizations; (2) hire and compensate staff; and (3) enter into contracts for goods and services. (b) Duties.-- (1) Management plan.-- (A) In general.--The management entity shall develop and submit to the Secretary the management plan. (B) Considerations.--In developing and implementing the management plan, the management entity shall consider the interests of diverse governmental, business, and nonprofit groups within the heritage area. (2) Priorities.--The management entity shall give priority to implementing actions described in the management plan, including assisting units of government and nonprofit organizations in preserving resources within the heritage area. (3) Public meetings.--The management entity shall conduct public meetings at least quarterly on the implementation of the management plan. (4) Annual report.--For any year in which Federal funds have been made available under this Act, the management entity shall submit to the Secretary an annual report that describes the following: (A) The accomplishments of the management entity. (B) The expenses and income of the management entity. (5) Audit.--The management entity shall-- (A) make available to the Secretary for audit all records relating to the expenditure of Federal funds and any matching funds; and (B) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available to the Secretary for audit all records concerning the expenditure of those funds. (c) Use of Federal Funds.-- (1) In general.--The management entity shall not use Federal funds made available under this Act to acquire real property or an interest in real property. (2) Other sources.--Nothing in this Act precludes the management entity from using Federal funds made available under other Federal laws for any purpose for which the funds are authorized to be used. SEC. 6. MANAGEMENT PLAN. (a) In General.--The management entity shall develop a management plan for the heritage area that incorporates an integrated and cooperative approach to protect, interpret, and enhance the natural, cultural, historical, scenic, and recreational resources of the heritage area. (b) Basis.--The management plan shall be based on the preferred concept in the document entitled ``Arabia Mountain National Heritage Area Feasibility Study'', dated February 28, 2001. (c) Consideration of Other Plans and Actions.--The management plan shall-- (1) take into consideration State and local plans; and (2) involve residents, public agencies, and private organizations in the heritage area. (d) Requirements.--The management plan shall include the following: (1) An inventory of the resources in the heritage area, including-- (A) a list of property in the heritage area that-- (i) relates to the purposes of the heritage area; and (ii) should be preserved, restored, managed, or maintained because of the significance of the property; and (B) an assessment of cultural landscapes within the heritage area. (2) Provisions for the protection, interpretation, and enjoyment of the resources of the heritage area consistent with the purposes of this Act. (3) An interpretation plan for the heritage area. (4) A program for implementation of the management plan that includes-- (A) actions to be carried out by units of government, private organizations, and public-private partnerships to protect the resources of the heritage area; and (B) the identification of existing and potential sources of funding for implementing the plan. (5) A description and evaluation of the management entity, including the membership and organizational structure of the management entity. (e) Submission to Secretary for Approval.-- (1) In general.--Not later than 3 years after the date of the enactment of this Act, the management entity shall submit the management plan to the Secretary for approval. (2) Effect of failure to submit.--If a management plan is not submitted to the Secretary by the date specified in paragraph (1), the Secretary shall not provide any additional funding under this Act until such date as a management plan for the heritage area is submitted to the Secretary. (f) Approval and Disapproval of Management Plan.-- (1) In general.--Not later than 90 days after receiving the management plan submitted under subsection (e), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Action following disapproval.-- (A) Revision.--If the Secretary disapproves a management plan submitted under paragraph (1), the Secretary shall-- (i) advise the management entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) allow the management entity to submit to the Secretary revisions to the management plan. (B) Deadline for approval of revision.--Not later than 90 days after the date on which a revision is submitted under subparagraph (A)(iii), the Secretary shall approve or disapprove the revision. (g) Revision of Management Plan.-- (1) In general.--After approval by the Secretary of a management plan, the management entity shall periodically-- (A) review the management plan; and (B) submit to the Secretary, for review and approval by the Secretary, the recommendations of the management entity for any revisions to the management plan that the management entity considers to be appropriate. (2) Expenditure of funds.--No funds made available under this Act shall be used to implement any revision proposed by the management entity under paragraph (1)(B) until the Secretary approves the revision. SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE. (a) In General.--At the request of the management entity, the Secretary may provide technical and financial assistance to the heritage area to develop and implement the management plan. (b) Priority.--In providing assistance under subsection (a), the Secretary shall give priority to actions that facilitate-- (1) the conservation of the significant natural, cultural, historical, scenic, and recreational resources that support the purposes of the heritage area; and (2) the provision of educational, interpretive, and recreational opportunities that are consistent with the resources and associated values of the heritage area. SEC. 8. EFFECT ON CERTAIN AUTHORITY. (a) Occupational, Safety, Conservation, and Environmental Regulation.--Nothing in this Act-- (1) imposes an occupational, safety, conservation, or environmental regulation on the heritage area that is more stringent than the regulations that would be applicable to the land described in section 4(b) but for the establishment of the heritage area by section 4; or (2) authorizes a Federal agency to promulgate an occupational, safety, conservation, or environmental regulation for the heritage area that is more stringent than the regulations applicable to the land described in section 4(b) as of the date of enactment of this Act, solely as a result of the establishment of the heritage area by section 4. (b) Land Use Regulation.--Nothing in this Act-- (1) modifies, enlarges, or diminishes any authority of the Federal Government or a State or local government to regulate any use of land as provided for by law (including regulations) in existence on the date of enactment of this Act; or (2) grants powers of zoning or land use to the management entity. SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. (a) Notification and Consent of Property Owners Required.--No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such preservation, conservation, or promotion to the management entity. (b) Landowner Withdraw.--Any owner of private property included within the boundary of the Heritage Area shall have their property immediately removed from the boundary by submitting a written request to the management entity. SEC. 10. PRIVATE PROPERTY PROTECTION. (a) Access to Private Property.--Nothing in this Act shall be construed to-- (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. (b) Liability.--Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. (c) Recognition of Authority To Control Land Use.--Nothing in this Act shall be construed to modify the authority of Federal, State, or local governments to regulate land use. (d) Participation of Private Property Owners in Heritage Area.-- Nothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. (e) Effect of Establishment.--The boundaries designated for the Heritage Area represent the area within which Federal funds appropriated for the purpose of this Act may be expended. The establishment of the Heritage Area and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the Heritage Area or its viewshed by the Secretary, the National Park Service, or the management entity. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, to remain available until expended, of which not more than $1,000,000 may be used in any fiscal year. (b) Federal Share.--The Federal share of the cost of any project or activity carried out using funds made available under this Act shall not exceed 50 percent. SEC. 12. TERMINATION OF AUTHORITY. The authority of the Secretary to make any grant or provide any assistance under this Act shall terminate on September 30, 2016.

Arabia Mountain National Heritage Area Act - (Sec. 4) Establishes the Arabia Mountain National Heritage Area in Georgia. Designates the Arabia Mountain Heritage Area Alliance as the Area's management entity. (Sec. 5) Provides for the Alliance to: (1) make grants to and enter into cooperative agreements with the State of Georgia, political subdivisions of the State, and private organizations; (2) develop and submit to the Secretary a management plan for the Area; and (3) assist units of government and nonprofit organizations in preserving resources within the Area. Requires the Alliance, for any year in which Federal funds have been made available under this Act, to submit to the Secretary of the Interior annual reports on its accomplishments, expenses, and income. Instructs the Alliance to: (1) make available to the Secretary for audit all records relating to the expenditure of Federal funds and any matching funds; and (2) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available to the Secretary for audit all records concerning the expenditure of those funds. Prohibits the Alliance from using Federal funds made available under this Act to acquire real property or an interest in real property. (Sec. 6) Requires the management plan to provide for the protection, enhancement, and interpretation of the natural, cultural, historical, scenic, and recreational resources of the Area. Requires that the plan be based on the preferred concept in the document entitled "Arabia Mountain National Heritage Area Feasibility Study" (February 28, 2001). Provides that if a management plan is not submitted to the Secretary for approval within three years, the Secretary shall not provide any additional funding under this Act until such a plan is submitted to the Secretary. Directs the Secretary to approve or disapprove the management plan, and if the plan is disapproved, to make recommendations for revisions to such plan and to allow the Alliance to submit revisions to that plan. Requires the Alliance to periodically review the plan and to submit for review and approval its recommendations for any revisions that it considers to be appropriate. Prohibits the use of any funds made available under this Act to implement any revision proposed by the Alliance until such revision is approved by the Secretary. (Sec. 7) Authorizes the Secretary to provide financial and technical assistance to the Area to develop and implement the plan, upon request by the Alliance. (Sec. 8) Prohibits anything in this Act from: (1) imposing an occupational, safety, conservation, or environmental regulation on the Area that is more stringent than the regulations that would be applicable to the Area, but for the Area's establishment; or (2) authorizing a Federal agency to promulgate such a regulation for the Area that is more stringent than the regulations applicable to the Area solely as a result of the Area's establishment. Prohibits anything in this Act: (1) modifying, enlarging, or diminishing any existing authority of the Federal Government or a State or local government to regulate any use of land as provided for by law (including regulations); or (2) granting zoning or land use powers to the Alliance. (Sec. 9) Prohibits the preservation, conservation, or promotion of any privately owned property by the management plan until the owner has been notified in writing by the Alliance and has given written consent. Allows owners of private property included within the boundary of the Area to request that their property be immediately removed. (Sec. 10) Prohibits anything in this Act from being construed to: (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property or modify any provision of Federal, State, or local law with regard to public access to or use of private property; (2) modify the authority of Federal, State, or local governments to regulate land use; and (3) require the owner of any private property located within the Area's boundaries to participate in or be associated with the Area. Declares that the boundaries designated for the Area represent the area within which Federal funds appropriated for this Act may be expended and that the establishment of the Area and its boundaries shall not be construed to provide any nonexistent regulatory authority on land use within the Area or its viewshed by the Secretary, the National Park Service, or the Alliance. (Sec. 11) Authorizes appropriations. Limits the Federal share of the cost of projects or activities carried out using funds made available under this Act to 50 percent. (Sec. 12) Terminates grants or assistance for the Area on September 30, 2016.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Land Fire Regulations Enforcement Act''. SEC. 2. CONSISTENT ENFORCEMENT AUTHORITY REGARDING NATIONAL PARK SYSTEM LAND, NATIONAL FOREST SYSTEM LAND, AND OTHER PUBLIC LAND. (a) Land Under Jurisdiction of Bureau of Land Management.--Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)) is amended-- (1) by striking ``(a) The Secretary'' and inserting the following: ``(a) Regulations.-- ``(1) In general.--The Secretary''; (2) by striking the second sentence; (3) in the third sentence, by striking ``Any person charged'' and inserting the following: ``(2) Court procedures.--Any person charged''; and (4) by adding at the end the following: ``(3) Knowing violations.--Any person who knowingly violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall be-- ``(A) guilty of a Class A misdemeanor; and ``(B) subject to-- ``(i) a fine under section 3571 of title 18, United States Code; ``(ii) imprisonment under section 3581 of title 18, United States Code; or ``(iii) fine and imprisonment under those sections. ``(4) Other violations.--Any person who otherwise violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall-- ``(A) be guilty of a Class B misdemeanor; ``(B) be subject to-- ``(i) a fine under section 3571 of title 18, United States Code; ``(ii) imprisonment under section 3581 of title 18, United States Code; or ``(iii) fine and imprisonment under those sections; and ``(C) pay all costs of the proceedings associated with the violation or failure to comply.''. (b) National Park System Land.-- (1) Enforcement.--Section 3 of the National Park Service Organic Act (16 U.S.C. 3) is amended-- (A) in the first sentence-- (i) by striking ``That the Secretary'' and inserting the following: ``(a) Regulations for Use and Management; Enforcement.-- ``(1) In general.--The Secretary''; and (ii) by striking ``Service,'' and all that follows through ``proceedings.'' and inserting ``Service.''; (B) in subsection (a) (as designated by subparagraph (A)(i)) by adding at the end the following: ``(2) Knowing violations.--Any person who knowingly violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall be-- ``(A) guilty of a Class A misdemeanor; and ``(B) subject to-- ``(i) a fine under section 3571 of title 18, United States Code; ``(ii) imprisonment under section 3581 of title 18, United States Code; or ``(iii) fine and imprisonment under those sections. ``(3) Other violations.--Any person who otherwise violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall-- ``(A) be guilty of a Class B misdemeanor; ``(B) be subject to-- ``(i) a fine under section 3571 of title 18, United States Code; ``(ii) imprisonment under section 3581 of title 18, United States Code; or ``(iii) fine and imprisonment under those section; and ``(C) pay all costs of the proceedings associated with the violation or failure to comply.''; (C) in the second sentence, by striking ``He may also, upon'' and inserting the following: ``(b) Special Management Authorities.-- ``(1) In general.--The Secretary of the Interior may, on''; (D) in the third sentence, by striking ``He may also provide'' and inserting the following: ``(2) Animal and plants.--The Secretary of the Interior may provide''; and (E) in the fourth sentence, by striking ``No natural,'' and inserting the following: ``(c) Lease and Permit Authorities.--No natural''. (c) National Wildlife Refuge System Land.--Section 4(f) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(f)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) Knowing violations.--Any person who knowingly violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall-- ``(A) be guilty of a Class A misdemeanor; ``(B) be subject to-- ``(i) a fine under section 3571 of title 18, United States Code; ``(ii) imprisonment under section 3581 of title 18, United States Code; or ``(iii) fine and imprisonment under those sections; and ``(C) pay all costs of the proceedings associated with the violation or failure to comply. ``(2) Other violations.--Any person who otherwise violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall-- ``(A) be guilty of a Class B misdemeanor; ``(B) be subject to-- ``(i) a fine under section 3571 of title 18, United States Code; ``(ii) imprisonment under section 3581 of title 18, United States Code; or ``(iii) fine and imprisonment under those sections; and ``(C) pay all costs of the proceedings associated with the violation or failure to comply.''. (d) National Forest System Land.--The eleventh undesignated paragraph under the heading ``Surveying the public lands'' of the Act of June 4, 1897 (16 U.S.C. 551) is amended to read as follows: ``The Secretary of Agriculture shall make provisions for the protection of the National Forest System (as defined in section 11 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609)) against destruction by fire and depredations. The Secretary may issue such regulations and establish such service as would insure the objects of the National Forest System, including regulating the occupancy and use of the National Forest System and protecting National Forest System land from destruction. Any person who knowingly violates any regulation issued under this paragraph shall be guilty of a Class A misdemeanor and shall be subject to a fine under section 3571 of title 18, United States Code, imprisonment under section 3581 of title 18, United States Code, or fine and imprisonment under those sections. Any person who otherwise violates any regulation issued under this paragraph shall be guilty of a Class B misdemeanor, subject to a fine under section 3571 of title 18, United States Code, imprisonment under section 3581 of title 18, United States Code, or fine and imprisonment under those sections. A person who violates any regulation issued under this paragraph may also be ordered to pay all costs of the proceedings. Any person charged with the violation of a regulation issued under this paragraph may be tried and sentenced by any United States magistrate judge specially designated for that purpose by the court by which the magistrate judge was appointed, in the same manner and subject to the same conditions provided for in subsections (b) through (e) of section 3401 of title 18, United States Code.''. SEC. 3. ESTABLISHMENT OF MINIMUM FINE FOR VIOLATION OF PUBLIC LAND FIRE REGULATIONS DURING FIRE BAN. (a) Land Under Jurisdiction of Bureau of Land Management.--Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)) (as amended by section 2(a)) is amended by adding at the end the following: ``(5) Minimum fine.--In the case of a regulation issued under this section regarding the use of fire by individuals on public land, if the violation of the regulation was the result of reckless conduct, occurred in an area subject to a complete ban on open fires, and resulted in damage to public or private property, the fine shall be not less than $500.''. (b) National Park System Land.--Section 3(a) of the National Park Service Organic Act (16 U.S.C. 3(a)) (as designated by section 2(b)) is amended by adding at the end the following: ``(4) Minimum fine.--In the case of a rule or regulation issued under this subsection regarding the use of fire by individuals on the land, if the violation of the rule or regulation was the result of reckless conduct, occurred in an area subject to a complete ban on open fires, and resulted in damage to public or private property, the fine shall be not less than $500.''. (c) National Forest System Land.--The eleventh undesignated paragraph under the heading ``Surveying the public lands'' of the Act of June 4, 1897 (16 U.S.C. 551) (as amended by section 2(d)) is amended by adding at the end the following: ``In the case of a regulation issued under this paragraph regarding the use of fire by individuals on National Forest System land, if the violation of the regulation was the result of reckless conduct, occurred in an area subject to a complete ban on open fires, and resulted in damage to public or private property, the fine shall be not less than $500.''.

Public Land Fire Regulations Enforcement Act - Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, the National Wildlife Refuge System Administration Act of 1966, and other federal law to provide that: (1) any person who knowingly violates the provisions of such an Act concerning the management, use, and protection of covered lands shall be guilty of a Class A misdemeanor and subject to fine and/or imprisonment; and (2) any person who otherwise violates the provisions of such an Act concerning the management, use, and protection of such covered lands shall be guilty of a Class B misdemeanor and subject to fine and/or imprisonment. Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, and other federal law to set a minimum fine of $500 for certain fire usage violations on BLM, National Park System, and National Forest System land.

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SECTION. 1. SHORT TITLE. This Act may be cited as the ``Immigrant Labor Policy Review Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The unemployment rate in the United States is at a record low. (2) Many industries in the United States, including agriculture, tourism, construction, nursing, information technology, and other portions of the service sector, are experiencing labor shortages. (3) The inability to secure sufficient workers is having a detrimental impact on the economy of the United States and the standard of living for all people in the United States. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the High Level Commission on Immigrant Labor Policy (hereinafter in this Act referred to as the ``Commission''). SEC. 4. DUTIES. (a) In General.--The Commission shall study the interactions between Federal immigration policy and the labor markets for aliens in the United States, including the following subjects: (1) The adequacy of the supply of labor in the United States and whether this supply needs to be further supplemented with alien workers. (2) The extent to which employers in the United States rely upon the employment of a temporary workforce. (3) The economic impact and desirability of maintaining statutory caps on nonimmigrant workers. (4) The extent to which employers in the United States rely upon the employment of a workforce that includes or consists of aliens who unlawfully enter or remain in the United States. (5) The extent of unemployment and underemployment of workers who are United States citizens or aliens lawfully admitted to the United States for permanent residence. (6) The effectiveness of United States labor policies in stopping the flow into the United States of illegal immigrants. (7) Any other subject necessary to permit the Commission to prepare the reports required under section 8. (b) Consultation.--In conducting the study, the Commission shall consult with migrant labor groups, nonprofit organizations, labor unions, pertinent business and agriculture associations and organizations, State Governors, law enforcement associations and organizations, and relevant executive branch agencies and congressional committees. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall consist of 12 members, to be appointed as follows: (1) 6 to be appointed by the President. (2) 3 to be appointed by the Speaker of the House of Representatives. (3) 3 to be appointed by the President pro tempore of the Senate. (b) Consultations.--In making appointments under subsection (a)(1), the President shall consult with-- (1) the Attorney General in appointing 1 member; (2) the Chairman of the Federal Reserve Board in appointing 1 member; (3) the Secretary of Commerce in appointing 2 members; and (4) the Secretary of Agriculture in appointing 2 members. (c) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Chairperson.--The Chairman of the Federal Reserve Board (or the Chairman of the Federal Reserve Board's designee) shall serve as the chairperson of the Commission until such time as the members of the Commission can elect a chairperson. (f) Basic Pay.--Each member shall serve without pay. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--A majority of the members shall constitute a quorum for the transaction of business. (h) Meetings.--The Commission shall meet at the call of the chairperson. SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a director who shall be appointed by the chairperson subject to rules prescribed by the Commission. (b) Staff.--Subject to rules prescribed by the Commission, the chairperson may appoint and fix the pay of such additional personnel as the chairperson considers appropriate. (c) Applicability of Certain Civil Service Laws.--The director and staff of the Commission may be appointed without regard to title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the requirements of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (d) Experts and Consultants.--The chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (e) Staff of Federal Agencies.--Upon request of the chairperson, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out its duties. SEC. 7. POWERS. (a) Obtaining Official Data.--The chairperson may secure directly from any Federal agency information necessary to enable the Commission to carry out its duties. Upon request of the chairperson, the head of the agency shall furnish such information to the Commission to the extent such information is not prohibited from disclosure by law. (b) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (c) Administrative Support Services.--Upon the request of the chairperson, 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. (d) Contract Authority.--The chairperson may contract with and compensate government and private agencies or persons for the purpose of conducting research, surveys, and other services necessary to enable the Commission to carry out its duties. SEC. 8. REPORTS. (a) Interim Report.--Not later than 6 months after the date of the enactment of this Act, the Commission shall prepare and submit to the President and the Congress an interim report on the following: (1) The overall effectiveness of Federal immigration and labor laws and policies in-- (A) protecting jobs held by citizens and nationals of the United States, aliens who are lawfully admitted to the United States for permanent residence, aliens who are admitted as refugees or are granted asylum, and other immigrants otherwise authorized to be employed in the United States; (B) preventing exploitation of alien immigrant and nonimmigrant workers; (C) reducing the number of illegal border crossings into the United States; and (D) reducing the numbers of aliens unlawfully employed in the United States. (2) The impact of statutory numerical limitations on the entry of immigrants and nonimmigrants into the United States on the achievement of the goals described in subparagraphs (A) through (D) of paragraph (1). (3) The impact of recent measures undertaken in border areas to deter illegal border crossings on the achievement of such goals. (4) The impact of Federal alien labor laws and policies on the overall economic performance within the United States and economic performance within the following sectors: (A) Agriculture. (B) Tourism and service. (C) Construction. (D) Nursing and health care. (E) Apparel. (F) Information technology. (b) Final Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall prepare and submit to the President and the Congress a final report that contains at least the following: (1) Information that updates the findings reported in the interim report on each of the issues described in paragraphs (1) through (4) of subsection (a). (2) Recommendations for actions that the Commission considers necessary-- (A) to curb illegal border crossings into the United States; (B) to curb unlawful employment of aliens in the United States; (C) to ensure adequate protection of the workers described in subsection (a)(1)(A); and (D) to ensure a stable and steady workforce for industry in the United States. (3) The viability of expanding the agricultural guest worker program established under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) and section 218 of such Act (8 U.S.C. 1188) to any or all of the following United States industries: (A) Tourism and service. (B) Construction. (C) Nursing and health care. (D) Apparel. (E) Information technology. (4) Recommendations for any additional actions that the Commission determines would improve Federal immigration or labor laws or policies. (5) Any other related information that the Commission considers to be appropriate. SEC. 9. TERMINATION. The Commission shall terminate 6 months after the date on which the Commission submits its final report under section 8(b). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, which sums shall remain available until expended.

Terminates the Commission six months after submission of its final report. Authorizes appropriations.

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