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SECTION 1. SHORT TITLE. This Act may be cited as the ``Mount Pleasant National Scenic Area Act''. SEC. 2. PURPOSES. The purposes of this Act with respect to the Mount Pleasant National Scenic Area are to-- (1) ensure appropriate protection and preservation of the scenic quality, water quality, natural characteristics, and water resources; (2) protect and manage vegetation to provide wildlife and fish habitat, consistent with paragraph (1) above; (3) provide areas that may develop characteristics of old- growth forests; and (4) provide a variety of recreation opportunities that are not inconsistent with the purposes set forth above. SEC. 3. ESTABLISHMENT OF THE NATIONAL SCENIC AREA. (a) In General.--(1) There is hereby established in the George Washington National Forest, Virginia, the Mount Pleasant National Scenic Area (hereinafter referred to in this Act as the ``scenic area''). (2) The scenic area shall consist of certain lands in the George Washington National Forest, Virginia, which comprise seven thousand five hundred and eighty acres, more or less, as generally depicted on a map entitled ``Mount Pleasant National Scenic Area--Proposed'', dated June 21, 1993. (b) Administration.--The Secretary of Agriculture, (hereinafter referred to in this Act as the ``Secretary'') shall administer the scenic area in accordance with this Act and the laws and regulations generally applicable to the National Forest System. In the event of conflict between this Act and other laws and regulations, this Act shall take precedence. (c) Roads.--After the date of enactment of this Act, no new permanent roads shall be constructed within the scenic area: Provided, That this provision shall not be construed to deny access to private lands or interests therein in the scenic area. (d) Vegetation Management.--No timber harvest shall be allowed within the scenic area, except as may be necessary in the control of fire, insects, and diseases and to provide for public safety and trail access. Notwithstanding the foregoing, the Secretary may engage in vegetation manipulation practices for maintenance of existing wildlife clearings and visual quality. Firewood may be harvested for personal use along perimeter roads under such conditions as the Secretary may impose. (e) Motorized Travel.--Motorized travel shall be allowed on State Route 635 and on Forest Development Road 51, such Road 51 shall be subject to those motorized travel conditions the Secretary may impose. Other than as provided above, motorized travel shall not be permitted within the scenic area, except that such travel may be permitted within the area as necessary for administrative use in furtherance of the purposes of this Act and on temporary routes in support of wildlife management projects. (f) Fire.--Wildfires shall be suppressed in a manner consistent with the purposes of this Act, using such means as the Secretary deems appropriate. (g) Insects and Disease.--Insect and disease outbreaks may be controlled in the scenic area to maintain scenic quality, prevent tree mortality, reduce hazards to visitors or to protect private lands. (h) Water.--The scenic area shall be administered so as to maintain or enhance existing water quality. (i) Maps and Descriptions.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and boundary description of the scenic area with the Committee on Agriculture, Nutrition, and Forestry of the United States Senate and the Committee on Agriculture of the United States House of Representatives. The map and description shall have the same force and effect as if included in this Act, except that the Secretary is authorized to correct clerical and typographical errors in such boundary description and map. Such map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. In the case of any discrepancy between the acreage and the map description in subsection (a)(2), the map shall control. (j) Management Plan.--Within three years of enactment of this Act, the Secretary shall develop a management plan for the scenic area as an amendment to the Land and Resource Management Plan for the George Washington National Forest. Such an amendment shall conform to the provisions of this Act. Nothing in this Act shall require the Secretary to revise the Land and Resource Management Plan for the George Washington National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974. (k) Withdrawal.--Subject to valid existing rights, all federally owned lands within the scenic area are hereby withdrawn from disposition under the mining, mineral, and geothermal leasing laws, including all amendments thereto.

Mount Pleasant National Scenic Area Act - Establishes in the George Washington National Forest, Virginia, the Mount Pleasant National Scenic Area. Sets forth provisions regarding: (1) administration of the Area; (2) roads; (3) vegetation management; (4) motorized travel; (5) fire; (6) insects and disease; and (7) water. Directs the Secretary of Agriculture to develop a management plan for the Area. Withdraws all federally-owned lands within the Area from disposition under the mining, mineral, and geothermal leasing laws.

Mount Pleasant National Scenic Area Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Payment Improvement and Equity Act of 2006''. SEC. 2. APPEALS PROCESS FOR HOSPITAL WAGE INDEX CLASSIFICATION. (a) Establishment of Process.-- (1) In general.--The Secretary shall establish not later than January 1, 2007, by instruction or otherwise, a process under which a hospital may appeal the wage index classification otherwise applicable to the hospital and select another area within the State (or, at the discretion of the Secretary, within a contiguous State) to which to be reclassified. (2) Process requirements.--The process established under paragraph (1) shall be consistent with the following: (A) Such an appeal may be filed as soon as possible after the date of the enactment of this Act but shall be filed by not later than February 15, 2007. (B) Such an appeal shall be heard by the Medicare Geographic Reclassification Review Board. (C) There shall be no further administrative or judicial review of a decision of such Board. (3) Reclassification upon successful appeal.-- (A) Reclassification.--If the Medicare Geographic Reclassification Review Board determines that the hospital is a qualifying hospital (as defined in subsection (c)), the hospital shall be reclassified to the area selected under paragraph (1). (B) Applicability.--A reclassification under subparagraph (A) shall apply with respect to discharges occurring during the 3-year period beginning with April 1, 2007. (4) Special rules.-- (A) In general.--Any qualifying hospital that is within 3 miles driving distance, starting at the hospital entrance and driving over improved roads, to the nearest Metropolitan Statistical Area in which a majority of the other qualifying hospitals located in the same Metropolitan Statistical Area as the hospital have been reclassified to (or if there is no majority, the Metropolitan Statistical Area in which at least one such other qualifying hospital has been reclassified to (as determined appropriate by the Secretary of Health and Human Services), the hospital shall be eligible to select to be reclassified to such nearest Metropolitan Statistical Area (or if no majority, to the area so determined appropriate by the Secretary). (B) Competitively disadvantaged hospital in a single-hospital msa surrounded by rural counties.-- (i) In general.--If a hospital meets the requirements described in clause (ii)-- (I) such hospital shall be deemed to be a qualifying hospital; and (II) such hospital shall be reclassified to the closest urban area which is part of a Combined Statistical Area located in the same State as the hospital. (ii) Requirements.--The requirements described in this clause are the following: (I) The hospital is the only hospital in its urban area. (II) The hospital is in an urban area that is not adjacent to any other urban area. (III) The hospital is seeking reclassification to the closest urban area which is part of a Combined Statistical Area located in the same state as the hospital. (5) Inapplicability of certain provisions.--Except as the Secretary may provide, the provisions of paragraphs (8) and (10) of section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) shall not apply to an appeal under this section. (b) Application of Reclassification.--In the case of an appeal decided in favor of a qualifying hospital under subsection (a), the wage index reclassification shall not affect the wage index computation for any area or for any other hospital and shall not be effected in a budget neutral manner. The provisions of this section shall not affect payment for discharges occurring after the end of the 3-year-period referred to in subsection (a)(3)(B). (c) Qualifying Hospital Defined.--For purposes of this section, the term ``qualifying hospital'' means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) that-- (1) does not qualify for a change in wage index classification under paragraph (8) or (10) of section 1886(d) of such Act (42 U.S.C. 1395ww(d)) on the basis of requirements relating to distance or commuting; and (2) meets such other criteria, such as quality, as the Secretary may specify by instruction or otherwise. The Secretary may modify the wage comparison guidelines promulgated under section 1886(d)(10)(D) of such Act (42 U.S.C. 1395ww(d)(10)(D)) in carrying out this section. (d) Wage Index Classification.--For purposes of this section, the term ``wage index classification'' means the geographic area in which the hospital is classified for purposes of determining for a fiscal year the factor used to adjust the DRG prospective payment rate under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) for area differences in hospital wage levels that applies to such hospital under paragraph (3)(E) of such section. (e) Special Rule for Rehabilitation Hospitals and Rehabilitation Units.-- (1) In general.--Effective for discharges occurring during the 3-year period beginning with April 1, 2007, for purposes of making payments under section 1886(j) of the Social Security Act (42 U.S.C. 1395ww(j)) to a qualifying rehabilitation facility, such facility shall be deemed to be located in the area described in paragraph (3). (2) Qualifying rehabilitation facility defined.--For purposes of this subsection, the term ``qualifying rehabilitation facility'' means a rehabilitation hospital or a rehabilitation unit that is located in a Metropolitan Statistical Area in which all subsection (d) hospitals (as defined in subsection (d)(1)(B) of section 1886 of the Social Security Act (42 U.S.C. 1395ww)) that are not sole community hospitals (as defined in subsection (d)(5)(D)(iii) of such section) located in the area have been reclassified to another Metropolitan Statistical Area. (3) Area described.--The area described in this paragraph with respect to a qualifying rehabilitation facility is the Metropolitan Statistical Area in which the majority of the subsection (d) hospitals (as so defined) located in the same Metropolitan Statistical Area as the qualifying rehabilitation facility have been reclassified to (or if there is no majority, the Metropolitan Statistical Area in which at least one such subsection (d) hospital has been reclassified to (as determined appropriate by the Secretary of Health and Human Services).

Hospital Payment Improvement and Equity Act of 2006 - Directs the Secretary of Health and Human Services to establish a process under which a hospital may appeal its wage index classification under title XVIII (Medicare) of the Social Security Act and select another area within the state (or, at the Secretary's discretion, within a contiguous state) to which to be reclassified. Prescribes special rules for: (1) a competitively disadvantaged hospital in a single-hospital Metropolitan Statistical Area (MSA) surrounded by rural counties; and (2) rehabilitation hospitals and rehabilitation units.

A bill to provide for an appeals process for hospital wage index classification under the Medicare program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Medical Workforce Enhancement Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds as follows: (1) The United States is currently facing critical workforce shortages in all areas of hospital operations, including both clinical and nonclinical operations. (2) As its workforce ages, the Veterans Health Administration of the Department of Veterans Affairs is facing a loss of staff through retirement at a time of staffing shortages across all areas of hospital operations. (3) The demand for health professionals will grow as the ``Baby Boom'' generation retires and adds to an already burgeoning population of elderly requiring more extensive health services. (4) There are not enough nurses and health care providers to care for veterans who are on the Department of Veterans Affairs waiting lists. During the current nationwide nursing shortage, the Department of Veterans Affairs must replace up to 5.3 percent of its registered nurses each year just to keep pace with the loss from nurses who retire. (5) The number of nurses retiring in the next 10 years is expected to far exceed the number of new nurses joining the workforce, resulting in a nationwide nursing shortage. (6) This shortage will certainly affect health care facilities of the Department of Veterans Affairs, which, like many other health care facilities, are already seeing a shrinking pool of highly trained nurses. (7) Nursing care is vital to providing the best patient care possible and, as the nursing shortage worsens, care for veterans who have sacrificed much for the liberties and freedoms enjoyed by the American people will suffer. (8) In order to meet the increasing demand from veterans in need of health care, the Department of Veterans Affairs must be aggressive in its efforts to recruit and retain its nursing staff. (9) The failure to maintain adequate staffing levels can harm veterans under the Department's care. There is a clear link between nurse-to-patient ratios and patient successes. For every additional patient over four in a nurse's workload, the risk of death increases by 7 percent for surgical patients. Unfortunately, many Department of Veterans Affairs' facilities do not meet the threshold safe ratio of four medical/surgical patients per nurse. Some facilities have six, seven, or eight surgical patients per nurse. (10) There are acute shortages plaguing other critical healthcare staff including pharmacists, radiology, and laboratory technologists and other ancillary professionals. (11) Thirty-one percent of medical technologists of the Department of Veterans Affairs are eligible for or nearing retirement. (12) Nearly 20 percent of the pharmacy technicians of the Department of Veterans Affairs have between 20 and 34 years of Government service. (13) One-quarter of the nursing assistants of the Department of Veterans Affairs have between 20 and 34 years of Government service and, therefore, are eligible for or nearing retirement. (14) The lack of allied health care workers and hospital support staff on the weekends hurts direct patient care. Without support staff, nurses are forced to devote less time on direct patient care in order to transport patients, clean the wards, and perform other duties typically done by nursing assistants, housekeepers, and other ancillary staff. Providing a premium pay for regular weekend shifts will help maintain adequate levels of support staff on the weekends. (15) Ongoing education is important to maintain high standards of professionalism in nursing care. The Department of Veterans Affairs should encourage the professional development of its nursing staff through ongoing educational programs and through funding opportunities to support nurses in achieving a baccalaureate or masters degree in nursing. (b) Purposes.--The purposes of this Act are the following: (1) To clarify that the Secretary of Veterans Affairs and labor organizations representing health care employees can work together to improve patient care by allowing the Secretary the option of negotiation with exclusive employee representatives over safe staffing levels to ensure that veterans are provided with high quality care. (2) To improve the consistency, legitimacy, and fairness in the nurse pay and promotion system of the Veterans Health Administration by allowing the Secretary of Veterans Affairs and labor organizations to negotiate the process by which nurses and other health care professionals are promoted. (3) To provide for additional pay for Saturday tours of duty for additional health care workers in the Veterans Health Administration. (4) To provide for a program to be conducted by the Secretary of Veterans Affairs to assess the benefits of establishing a nurse preceptor program. SEC. 3. ENHANCING SAFETY AND QUALITY OF PATIENT CARE. Section 7422 of title 38, United States Code, is amended-- (1) by redesigning subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): ``(e) Nothing in subsection (b), (c), or (d) precludes the Secretary and any labor organization representing employees of the Veterans Health Administration from entering into a collective bargaining agreement, at the election of the Secretary, with respect to-- ``(1) the numbers, types, and grades of employees or positions assigned to any medical facility, clinic, or organizational subdivision; ``(2) the number of patients assigned to employees referred to in section 7401 of this title who are physicians, physicians assistants, or nurses; and ``(3) employee-to-patient ratios for employees referred to in section 7401 of this title other than those specified in paragraph (2).''. SEC. 4. IMPROVEMENTS TO THE RETENTION AND RECRUITMENT OF HEALTH CARE PROFESSIONALS. Section 7403 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(h) Nothing in this section, or in subsection (b), (c), and (d) of section 7422 of this title, shall limit the right or ability of any labor organization representing employees in the Veterans Health Administration to engage in collective bargaining with respect to the promotion processes established pursuant to this section. ``(i) In a case in which a registered nurse has accomplished the performance elements for promotion to the next grade, the lack of a specific type of educational degree shall not be an impediment to promotion, and in such a case the registered nurse shall not be denied a promotion on that basis.''. SEC. 5. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR ADDITIONAL HEALTH CARE WORKERS IN THE VETERANS HEALTH ADMINISTRATION. (a) In General.--Section 7454(b) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Employees appointed under section 7408 of this title shall be entitled to additional pay on the same basis as provided for nurses in section 7453(c) of this title.''. (b) Applicability.--The amendment made by subsection (a) shall apply with respect to pay periods beginning on or after the date of the enactment of this Act. SEC. 6. NURSE PRECEPTOR PROGRAM. (a) Nature of Program.--The Secretary of Veterans Affairs shall carry out a nurse preceptor program to develop nurse preceptors who will act as mentors to newly hired registered nurses at Department of Veterans Affairs health care facilities. (b) Structure of Program.--The nurse preceptor program shall include the following: (1) For registered nurses interested in becoming nurse preceptors, intensive training and screening programs. (2) For registered nurses selected to be nurse preceptors-- (A) a rigorous 26-week training program; (B) continuous professional development classes; and (C) a salary increase equivalent to 5 percent of gross annual salary for any period during which the nurse functions as a nurse preceptor. (c) Annual Report to Congress.--Each year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the effectiveness and usefulness of the nurse preceptor program. The Secretary shall include in each report the following: (1) The Secretary's assessment of the benefits to veterans of the program. (2) The Secretary's assessment of the effect of the program on the Department of Veterans Affairs, including the effect on retention of a qualified nursing staff. (3) Any other findings and conclusions of the Secretary with respect to the program.

VA Medical Workforce Enhancement Act of 2003 - States that: (1) current collective bargaining requirements within the Veterans Health Administration (VHA) shall not preclude the Secretary of Veterans Affairs and any labor organization representing VHA employees from entering into a collective bargaining agreement with respect to the numbers, types, and grades of employees, the number of patients assigned to physicians, physicians assistants, or nurses, and employee-to-patient ratios within any VHA medical facility, clinic, or organizational subdivision; and (2) nothing shall limit the right or ability of any labor organization representing such employees from engaging in collective bargaining with respect to VHA promotion processes. Provides that when a VHA registered nurse has accomplished the performance elements of promotion to the next higher grade, the lack of a specific type of educational degree shall not be an impediment to such promotion.Authorizes additional pay for Saturday VHA nursing duty.Directs the Secretary to carry out a program to develop nurse preceptors to act as mentors to newly hired registered nurses at Department of Veterans Affairs health care facilities.

To amend title 38, United States Code, to improve patient care and working conditions at the Veterans Health Administration of the Department of Veterans Affairs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Bills Interest Rate Relief Act''. SEC. 2. FINDINGS; SENSE OF THE CONGRESS. (a) Findings.--The Congress finds as follows: (1) Many families and individuals are forced deep into debt by the combination of large medical bills and excessively high interest rates. (2) The policy journal Health Affairs reports that illness and medical bills cause half of all bankruptcies. (3) The same report notes that over 2 million Americans are financially ruined by medical care costs each year. (4) Consumers whose debt consists largely of credit extended to pay medical expenses are 42 percent more likely than other debtors to experience lapses in coverage. (5) Many of those forced into bankruptcy by medical expenses are middle class and have health insurance. (6) Major credit card issuers tie credit card interest rates to credit records and credit scores. (7) However, previously unforeseen and burdensome medical expenses may arise whereby the hospital-mandated schedule of payment is more than the individual can immediately afford. (8) Hospitals often report late- or delinquent-payers to consumer reporting agencies thereby directly affecting the rates, terms, and availability of credit from other sources that might otherwise be used to pay the medical expenses. (9) Many individuals and families are forced to place large medical expenses on their credit cards over time. (10) Credit card issuers are able to raise interest rates on late- and delinquent-payers with impunity and without regards to the nature of the delinquency. (11) There currently exists no government-enforced ceiling cap on credit card interest rates. (b) Purpose.--The purpose of this Act is to stem the loss from rising instances of payment delinquencies and bankruptcies so that people who meet their bill payment requirements on time and in full receive the lowest interest rates. (c) Sense of the Congress.--It is the sense of the Congress that-- (1) no American family or individual should be forced to choose between the health and life of a loved one and the financial constraints of medical care; (2) financial institutions, including credit card issuers, should not take financial advantage of unforeseen, nonpreventive, or catastrophic medical situations; and (3) individuals or families saddled with large medical bills should receive a fair and equitable credit rating that disregards off-schedule medical bill payments. SEC. 3. CREDIT CARD ISSUERS OBLIGATIONS FOR CREDIT EXTENDED TO PAY MEDICAL EXPENSES. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by adding at the end the following new subsection: ``(h) Credit Card Issuers Obligations for Credit Extended to Pay Medical Expenses.-- ``(1) In general.--If, with respect to a credit card account under an open end consumer credit plan, the consumer notifies the credit card issuer of anticipated, any upcoming medical expense to be incurred by the consumer, or a member of the consumer's household, within 30 days of the date of the expense-- ``(A) the annual percentage rate on credit extended under the plan to pay such medical expenses shall not exceed the annual percentage rate in effect for any outstanding balance of the consumer under the plan at the time such notice is given; and ``(B) the annual percentage rate extended under the plan to pay nonmedical expenses may not be increased on the basis of, or due to, the extension of credit to pay such medical expenses. ``(2) Medical expenses.--For purposes of this subsection, the term `medical expenses' includes necessary treatments, drugs, tests, hospital stays, and expenses, doctor fees, and elective surgeries.''. SEC. 4. CREDIT HISTORY REPORTING REQUIREMENT IN CASE OF CERTAIN MEDICAL EXPENSES. Section 623 of the Fair Credit Reporting Act (15 U.S.C. 1681s-2) is amended by adding at the end the following new subsection: ``(f) Reports Furnished by Hospitals.-- ``(1) In general.--If a consumer, who is unable to make full payments for medical expenses (as defined in section 127(h)(2)) to a hospital or other medical treatment facility in accordance with a schedule of payments imposed by such hospital or facility, continues, in good faith, to make partial payments on the outstanding balance on the prescribed due dates under such schedule, the hospital or facility may not submit negative information relating to the failure of such consumer to maintain the payment schedule in full during the 5-year period beginning when the consumer first fails to make full payment under the payment schedule. ``(2) Good faith partial payment.--For purposes of paragraph (1), a consumer shall be deemed to be making partial payments in good faith on the prescribed due dates if the consumer is paying at least 20 percent of the amount of the scheduled payment for each due date.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on January 1, 2006.

Medical Bills Interest Rate Relief Act - Expresses the sense of the Congress that: (1) no American family or individual should be forced to choose between the health and life of a loved one and the financial constraints of medical care; (2) financial institutions, including credit card issuers, should not take financial advantage of unforeseen, nonpreventive, or catastrophic medical situations; and (3) individuals or families saddled with large medical bills should receive a fair and equitable credit rating that disregards off-schedule medical bill payments. Amends the Truth in Lending Act to prescribe guidelines governing the obligations of credit card issuers for credit extended to pay medical expenses. Amends the Fair Credit Reporting Act to prohibit a hospital or other medical treatment facility from submitting to a consumer reporting agency during a five-year period any negative information regarding the failure of a consumer to maintain full payments for medical expenses if the consumer continues in good faith to make partial payments on the outstanding balance on prescribed payment schedule due dates.

To express the sense of the Congress with respect to the price and terms of credit used to pay large medical bills, to amend the Truth in Lending Act with respect to credit card issuers obligations for credit extended to pay medical expenses under certain circumstances, and for other purposes.

SECTION 1. FINDINGS. The Congress finds the following: (1) The Pokagon Band of Potawatomi Indians is the descendant of, and political successor to, the signatories of the Treaty of Greenville 1795 (7 Stat. 49); the Treaty of Grouseland 1805 (7 Stat. 91); the Treaty of Spring Wells 1815 (7 Stat. 131); the Treaty of the Rapids of the Miami of Lake Erie 1817 (7 Stat. 160); the Treaty of St. Mary's 1818 (7 Stat. 185); the Treaty of Chicago 1821 (7 Stat. 218); the Treaty of the Mississinewa on the Wabash 1826 (7 Stat. 295); the Treaty of St. Joseph 1827 (7 Stat. 305); the Treaty of St. Joseph 1828 (7 Stat. 317); the Treaty of Tippecanoe River 1832 (7 Stat. 399); and the Treaty of Chicago 1833 (7 Stat. 431). (2) In the Treaty of Chicago 1833, the Pokagon Band of Potawatomi Indians was the only band that negotiated a right to remain in Michigan. The other Potawatomi bands relinquished all lands in Michigan and were required to move to Kansas or Iowa. (3) Two of the Potawatomi bands later returned to the Great Lakes area, the Forest County Potawatomi of Wisconsin and the Hannahville Indian Community of Michigan. (4) The Hannahville Indian Community of Michigan, the Forest County Potawatomi Community of Wisconsin, the Prairie Band of Potawatomi Indians of Kansas, and the Citizen Band Potawatomi Indian Tribe of Oklahoma, whose members are also descendants of the signatories to one or more of the aforementioned treaties, have been recognized by the Federal Government as Indian tribes eligible to receive services from the Secretary of the Interior. (5) Beginning in 1935, the Pokagon Band of Potawatomi Indians petitioned for reorganization and assistance pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq., commonly referred to as the ``Indian Reorganization Act''). Because of the financial condition of the Federal Government during the Great Depression it relied upon the State of Michigan to provide services to the Pokagon Band. Other Potawatomi bands, including the Forest County Potawatomi and the Hannahville Indian Community were provided services pursuant to the Indian Reorganization Act. (6) Agents of the Federal Government in 1939 made an administrative decision not to provide services or extend the benefits of the Indian Reorganization Act to any Indian tribes in Michigan's lower peninsula. (7) Tribes elsewhere, including the Hannahville Indian Community in Michigan's upper peninsula, received services from the Federal Government and were extended the benefits of the Indian Reorganization Act. (8) The Pokagon Band of Potawatomi Indians consists of at least 1,500 members who continue to reside close to their ancestral homeland in the St. Joseph River Valley in southwestern Michigan and northern Indiana. (9) In spite of the denial of the right to organize under the Indian Reorganization Act, the Pokagon Band has continued to carry out its governmental functions through a Business Committee and Tribal Council from treaty times until today. (10) The United States Government, the government of the State of Michigan, and local governments have had continuous dealings with the recognized political leaders of the Band from 1795 until the present. SEC. 2. FEDERAL RECOGNITION. Federal recognition of the Pokagon Band of Potawatomi Indians is hereby affirmed. Except as otherwise provided in this Act, all Federal laws of general application to Indians and Indian tribes, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall apply with respect to the Band and its members. SEC. 3. SERVICES. Notwithstanding any other provision of law, the Band and its members shall be eligible, on and after the date of the enactment of this Act, for all Federal services and benefits furnished to federally recognized Indian tribes without regard to the existence of a reservation for the Band or the location of the residence of any member on or near an Indian reservation. SEC. 4. TRIBAL MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Band shall submit to the Secretary membership rolls consisting of all individuals eligible for membership in such Band. The qualifications for inclusion on the membership rolls of the Band shall be determined by the membership clauses in the Band's governing documents, in consultation with the Secretary. Upon completion of the rolls, the Secretary shall immediately publish notice of such in the Federal Register. The Bands shall ensure that such rolls are maintained and kept current. SEC. 5. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall conduct, by secret ballot and in accordance with the provisions of section 16 of the Act of June 18, 1934 (25 U.S.C. 476), an election to adopt a constitution and bylaws for the Band. (2) Interim governing documents.--Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on the date of enactment of this Act shall be the interim governing documents for the Band. (b) Officials.-- (1) Election.--Not later than 6 months after the Band adopts a constitution and bylaws pursuant to subsection (a), the Secretary shall conduct elections by secret ballot for the purpose of electing officials for the Band as provided in the Band's constitution. The election shall be conducted according to the procedures described in subsection (a), except to the extent that such procedures conflict with the Band's constitution. (2) Interim government.--Until such time as the Band elects new officials pursuant to paragraph (1), the Band's governing body shall be the governing body in place on the date of the enactment of this Act, or any new governing body selected under the election procedures specified in the interim governing documents of the Band. SEC. 6. TRIBAL LANDS. The Band's tribal land shall consist of all real property, including the land upon which the Tribal Hall is situated, now or hereafter held by, or in trust for, the Band. The Secretary shall acquire real property for the Band. Any such real property shall be taken by the Secretary in the name of the United States in trust for the benefit of the Band and shall become part of the Band's reservation. SEC. 7. SERVICE AREA. The Band's service area shall consist of the Michigan counties of Allegan, Berrien, Van Buren, and Cass and the Indiana counties of La Porte, St. Joseph, Elkhart, Starke, Marshall, and Kosciusko. SEC. 8. JURISDICTION. The Band shall have jurisdiction to the full extent allowed by law over all lands taken into trust for the benefit of the Band by the Secretary. The Band shall exercise jurisdiction over all its members who reside within the service area in matters pursuant to the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., as if the members were residing upon a reservation as defined in that Act. SEC. 9. DEFINITIONS. For purposes of this Act-- (1) the term ``Band'' means the Pokagon Band of Potawatomi Indians; (2) the term ``member'' means those individuals eligible for enrollment in the Band pursuant to section 4; and (3) the term ``Secretary'' means the Secretary of the Interior.

Affirms Federal recognition of, and provides Federal services to, the Pokagon Band of Potawatomi Indians. States that the Band's service area shall consist of specified counties in Michigan and Indiana.

To restore Federal services to the Pokagon Band of Potawatomi Indians.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Workers' Earnings Protection Act of 1993''. SEC. 2. LIBERALIZATION OF EARNINGS TEST OVER THE PERIOD 1995-1999 FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) In General.--Effective with respect to taxable years ending after 1994, subparagraph (D) of section 203(f)(8) of the Social Security Act is amended to read as follows: ``(D) Notwithstanding any other provision of this subsection, the exempt amount for a taxable year ending in a calendar year after 1994 which is applicable to an individual who has attained retirement age (as defined in section 216(l)) before the close of the taxable year involved shall be an amount equal to the exempt amount which was applicable to individuals described in this subparagraph for taxable years ending in the preceding calendar year, plus $3,000.''. (b) Conforming Amendment.--The second sentence of section 223(d)(4) of such Act is amended by striking ``which is applicable to individuals described in subparagraph (D) thereof'' and inserting ``which would be applicable to individuals who have attained retirement age (as defined in section 216(l)) before the close of the taxable year involved if the amendments made by the Social Security Earnings Test Repeal Act of 1993 had not been enacted.''. SEC. 3. REPEAL OF EARNINGS TEST IN THE YEAR 2000 FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. Effective with respect to taxable years ending after 1999-- (1) clause (B) in the third sentence of section 203(f)(1) of the Social Security Act is amended by striking ``age seventy'' and inserting ``retirement age (as defined in section 216(l))''; and (2) section 203(f)(3) of such Act is amended-- (A) by striking ``33\1/3\ percent'' and all that follows through ``multiplied by the number of months in such year'' and inserting ``50 percent of his earnings for such year in excess of the product derived by multiplying the applicable exempt amount as determined under paragraph (8) by the number of months in such year'', and (B) by striking ``age 70'' and inserting ``retirement age (as defined in section 216(l))''. SEC. 4. CONFORMING AND RELATED AMENDMENTS. Effective with respect to taxable years ending after 1999-- (1) section 203(c)(1) of the Social Security Act is amended by striking ``is under the age of seventy'' and inserting ``is under retirement age (as defined in section 216(l))''; (2) the last sentence of subsection (c) of section 203 of such Act is amended by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; (3) paragraphs (1)(A) and (2) of section 203(d) of such Act are each amended by striking ``under the age of seventy'' and inserting ``under retirement age (as defined in section 216(l))''; (4) section 203(f)(1) of such Act is amended by striking clause (D) and inserting the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60, or''; (5) subparagraph (D) of section 203(f)(5) of such Act is amended-- (A) by striking ``(D) In the case of'' and all that follows down through ``(ii) an individual'' and inserting the following: ``(D) In the case of an individual''; and (B) by striking ``became entitled to such benefits'' and all that follows and inserting ``became entitled to such benefits, there shall be excluded from gross income any such other income.''; (6) section 203(f)(8)(A) of such Act is amended by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting ``the new exempt amount which is to be applicable''; (7) section 203(f)(8)(B) of such Act is amended-- (A) by striking all that precedes clause (i) and inserting the following: ``(B) The exempt amount which is applicable for each month of a particular taxable year shall be whichever of the following is the larger--''; (B) by striking ``corresponding'' in clause (i); and (C) by striking ``an exempt amount'' in the matter following clause (ii) and inserting ``the exempt amount''; (8) section 203(f)(8)(D) of such Act (as amended by section 2(a) of this Act) is repealed; (9) section 203(f)(9) of such Act is repealed; (10) section 203(h)(1)(A) of such Act is amended by striking ``age 70'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; (11) section 203(j) of such Act is amended to read as follows: ``Attainment of Retirement Age ``(j) For purposes of this section-- ``(1) an individual shall be considered as having attained retirement age (as defined in section 216(l)) during the entire month in which he attains such age; and ``(2) the term `retirement age (as defined in section 216(l))', with respect to any individual entitled to monthly insurance benefits under section 202, means the retirement age (as so defined) which is applicable in the case of old-age insurance benefits, regardless of whether or not the particular benefits to which the individual is entitled (or the only such benefits) are old-age insurance benefits.''; and (12) section 202(w)(2)(B)(ii) of such Act is amended-- (A) by striking ``either''; and (B) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. SEC. 5. ACCELERATION OF 8 PERCENT DELAYED RETIREMENT CREDIT. Paragraph (6) of section 202(w) of the Social Security Act is amended-- (1) by striking ``2005'' in subparagraph (C) and inserting ``1995''; and (2) by striking ``2004'' in subparagraph (D) and inserting ``1994''.

Older Workers' Earnings Protection Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase the amount of outside income which beneficiaries who have attained retirement age may earn during 1995 through 1999 without incurring a reduction in benefits. Repeals such income limitation in the year 2000. Accelerates the effective dates of increases in the delayed retirement credit rate for individuals who work beyond retirement age.

Older Workers' Earnings Protection Act of 1993

SECTION 1. DISPLAY OF WOMEN VETERANS BILL OF RIGHTS. (a) Establishment.--The Secretary of Veterans Affairs shall ensure that the Women Veterans Bill of Rights described in subsection (b) is-- (1) displayed prominently in each facility of the Department of Veterans Affairs; and (2) distributed widely to women veterans. (b) Women Veterans Bill of Rights.--The Women Veterans Bill of Rights described in this subsection is a sign stating that women veterans should have the following rights: (1) The right to a coordinated, comprehensive, primary women's health care, at every Department of Veterans Affairs medical facility, including the recognized models of best practices, systems, and structures for care delivery that ensure that every woman veteran has access to a Department of Veterans Affairs primary care provider who can meet all her primary care needs, including gender-specific, acute and chronic illness, preventive, and mental health care. (2) The right to be treated with dignity and respect at all Department of Veterans Affairs facilities. (3) The right to innovation in care delivery promoted and incentivized by the Veterans Health Administration to support local best practices fitted to the particular configuration and women veteran population. (4) The right to request and get treatment by clinicians with specific training and experience in women's health issues. (5) The right to enhanced capabilities of medical providers, clinical support, non-clinical, and administrative, to meet the comprehensive health care needs of women veterans. (6) The right to request and expect gender equity in provision of clinical health care services. (7) The right to equal access to health care services as that of their male counterparts. (8) The right to parity to their male veteran counterpart regarding the outcome of performance measures of health care services. (9) The right to be informed, through outreach campaigns, of benefits under laws administered by the Secretary of Veterans Affairs and to be included in Department outreach materials for any benefits and service to which they are entitled. (10) The right to be featured proportionately, including by age and ethnicity, in Department outreach materials, including electronic and print media that clearly depict them as being the recipient of the benefits and services provided by the Department. (11) The right to be recognized as an important separate population in new strategic plans for service delivery within the health care system of the Department of Veterans Affairs. (12) The right to equal consideration in hiring and employment for any job to which they apply. (13) The right to equal consideration in securing Federal contracts. (14) The right to equal access and accommodations in homeless programs that will meet their unique family needs. (15) The right to have their claims adjudicated equally, fairly, and accurately without bias or disparate treatment. (16) The right to have their military sexual trauma and other injuries compensated in a way that reflects the level of trauma sustained. (17) The right to expect that all veteran service officers, especially those who are trained by the Department of Veterans Affairs Training Responsibility Involvement Preparation program for claims processing, are required to receive training to be aware of and sensitive to the signs of military sexual trauma, domestic violence, and personal assault. (18) The right to the availability of female personnel to assist them in the disability claims application and appellate processes of the Department. (19) The right to the availability of female compensation and pension examiners. (20) The right to expect specialized training be provided to disability rating personnel regarding military sexual trauma and gender-specific illnesses so that these claims can be adjudicated more accurately. (21) The right to expect the collection of gender-specific data on disability ratings, for the performance of longitudinal and trend analyses, and for other applicable purposes. (22) The right to a method to identify and track outcomes for all claims involving personal assault trauma, regardless of the resulting disability. (23) The right for women veterans' programs and women veteran coordinators to be measured and evaluated for performance, consistency, and accountability. (24) The right to burial benefits under the laws administered by the Secretary of Veterans Affairs.

Directs the Secretary of Veterans Affairs (VA) to ensure that the Women Veterans Bill of Rights is displayed prominently in each VA facility and distributed widely to such veterans. Enumerates health care rights to be included in the Bill of Rights, including the right to: (1) coordinated, comprehensive, primary women's health care at every VA medical facility; (2) treatment by clinicians with specific training and experience in women's health issues; and (3) gender equity in access to and the provision of clinical health care services.

To direct the Secretary of Veterans Affairs to display in each facility of the Department of Veterans Affairs a Women Veterans Bill of Rights.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Investment Package''. SEC. 2. ASSISTANCE FOR LOW-INCOME WORKING FAMILIES. (a) Block Grants.--Section 658B of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended to read as follows: ``SEC. 658B. FUNDING OF GRANTS. ``(a) Authorization of Appropriations.--Except as provided in subsection (b), there is authorized to be appropriated to carry out this subchapter $2,000,000,000 for each of fiscal years 1997 through 2002. ``(b) Appropriation.--The Secretary shall pay, from funds in the Treasury not otherwise appropriated, $1,400,000,000 for fiscal years 1997 through 2002, through the awarding of grants to States under this subchapter for the purpose of providing child care services for families who have left the State program of assistance under part A of title IV of the Social Security Act because of employment, families that are at risk of becoming dependent on such assistance program, and low-income working families described in section 658E(c)(3)(D). Funds shall be paid under this subsection to the States in the same manner, and subject to the same requirements and limitations, as funds are paid to the States under section 418 of the Social Security Act (42 U.S.C. 618).''. (b) Grants for Child Care Supply Shortages.--Section 658E(c)(3) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is amended by adding at the end the following: ``(E) Child care supply shortages.-- ``(i) In general.--A State shall ensure that 100 percent of amounts paid to the State out of funds appropriated under section 658B(a)(2) with respect to each of the fiscal years 1997 through 2002 shall be used to carry out child care activities described in clause (ii) in geographic areas within the State that have a shortage, as determined by the State, in consultation with localities, of child care services. ``(ii) Child care activities described.-- The child care activities described in this clause include the following: ``(I) Infant care programs. ``(II) Before- and after-school child care programs. ``(III) Resource and referral programs. ``(IV) Nontraditional work hours child care programs. ``(V) Extending the hours of pre- kindergarten programs to provide full- day services. ``(VI) Any other child care programs that the Secretary determines are appropriate.''. (c) Authorization of Appropriations for Low-Income Working Families.-- (1) In general.--Section 658B(a) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858(a)), as amended by subsection (f), is amended-- (A) by striking ``Except as provided in'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2) and''; and (B) by adding at the end the following: ``(2) Child care supply shortages.--There is authorized to be appropriated to carry out section 658E(c)(3)(E), $500,000,000 for each of fiscal years 1997 through 2002.''. (2) Conforming amendment.--Section 658(c)(3)(A) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)(A)) is amended by striking ``(D)'' and inserting ``(E)''. (d) Report on Access to Child Care by Low-Income Working Families.-- (1) In general.--Section 658K(a)(2) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(2)) is amended-- (A) in subparagraph (D), by striking ``and'' at the end; and (B) by inserting after subparagraph (E), the following: ``(F) the total number of families described in section 658B(b) that were eligible for but did not receive assistance under this subchapter or under section 418 of the Social Security Act and a description of the obstacles to providing such assistance; and ``(G) the total number of families described in section 658B(b) that received assistance provided under this subchapter or under section 418 of the Social Security Act and a description of the manner in which that assistance was provided;''. (2) Secretarial reporting requirement.--Section 658L of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended by inserting ``, with particular emphasis on access of low-income working families,'' after ``public''. (e) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105).

Family Investment Package - Amends the Child Care Development Block Grant Act of 1990 to increase the authorization of appropriations for FY 1997 through 2002 for block grants to States for child care assistance for low-income working families. Authorizes separate appropriations for such period for grants to States for specified child care activities in geographic areas with child care supply shortages. Authorizes appropriations in a specified amount to the Secretary of Health and Human Services for FY 1997 through 2002 to award grants to States for providing child care services for families who have left the State program of assistance under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act because of employment, families that are at risk of becoming dependent on such assistance program, and low-income working families. Requires States and the Secretary to report on access to child care by low-income working families.

Family Investment Package

SECTION. 1. REVISION OF PER BENEFICIARY LIMITS AND PER VISIT PAYMENT LIMITS FOR PAYMENT FOR HOME HEALTH SERVICES UNDER THE MEDICARE PROGRAM. (a) Revision of Per Beneficiary Limits.-- (1) In general.--Section 1861(v)(1)(L)(v) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(v)) is amended to read as follows: ``(v)(I) For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, the Secretary shall provide for an interim system of limits. Payment shall not exceed the costs determined under the preceding provisions of this subparagraph or, if lower, the product of-- ``(aa) the applicable amount under subclause (II) or (III); and ``(bb) the agency's unduplicated census count of patients (entitled to benefits under this title) for the cost reporting period subject to the limitation. ``(II) The applicable limit for cost reporting periods beginning in fiscal year 1998 is an agency-specific per beneficiary annual limitation calculated based 75 percent on 98 percent of the reasonable costs (including nonroutine medical supplies) for the agency's 12-month cost reporting period ending during fiscal year 1994, and based 25 percent on 98 percent of the standardized regional average of such costs for the agency's census division, as applied to such agency, for cost reporting periods ending during fiscal year 1994, such costs updated by the home health market basket index. ``(III) The applicable limit for cost reporting periods beginning on or after October 1, 1998, is an agency-specific per beneficiary annual limitation calculated-- ``(aa) based 50 percent on the per beneficiary annual limitation determined under subclause (II) for the agency; ``(bb) based 25 percent on the standardized national mean equal to $3,708.25 for fiscal year 1999 (of which $2,880.12 is the labor component, and $828.13 is the non-labor component); and ``(cc) based 25 percent on the standardized regional average of the limits for the agency's census division (as specified in Tables 3B and 3D published in the Federal Register on August 11, 1998 (63 FR 42926)); such limits updated by the home health market basket for each subsequent fiscal year (if any) through the fiscal year involved.''. (2) New agencies.--Section 1861(v)(1)(L)(vi) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vi)) is amended-- (A) in subclause (I), by striking ``For new'' and inserting ``Subject to subclause (II), for new''; (B) by redesignating subclause (II) as subclause (III); and (C) by inserting after subclause (I) the following: ``(II) In the case of cost reporting periods beginning on or after October 1, 1998, the limits in subclause (I) shall be determined as if any reference in clause (v)(II) to `98 percent' were a reference to `100 percent'. (3) Conforming amendment.--Section 1861(v)(1)(L)(vii)(I) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vii)(I)) is amended by striking ``clause (v)(I)'' and inserting ``clause (v)(II)''. (b) Revision of Per Visit Limits.--Section 1861(v)(1)(L)(i) of such Act (42 U.S.C. 1395x(v)(1)(L)(i)) is amended-- (1) in subclause (III), by striking ``or''; (2) in subclause (IV)-- (A) by inserting ``and before October 1, 1998,'' after ``October 1, 1997,''; and (B) by striking the period at the end and inserting ``, or''; and (3) by adding at the end the following new subclause: ``(V) October 1, 1998, 110 percent of such median.''. (c) One-year Delay in Implementation of Mandatory Reduction in Payment Limits.--Section 4603(e) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is amended-- (1) by striking ``described in subsection (d)'' and inserting ``beginning on or after October 1, 2000''; and (2) by striking ``September 30, 1999'' and inserting ``September 30, 2000''. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to cost reporting periods beginning on or after October 1, 1998. SEC. 2. TWO OFFSETS. (a) Change in Number of Individuals Eligible To Enroll Under Medicare MSA.--Section 1851(b)(4)(A)(ii) of the Social Security Act (42 U.S.C. 1395w-21(b)(4)(A)(ii)) is amended by striking ``390,000'' and inserting ``100,000 (for any date before January 1, 2004) or 500,000 (for any date thereafter)''. (b) Three-Year Extension of Medicare MSA Termination Date.--Section 1851(b)(4)(A)(i) of the Social Security Act (42 U.S.C. 1395w- 21(b)(4)(A)(i)) is amended by striking ``2003'' and inserting ``2006''.

Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to the computation formula for the interim system of limited payments for services provided by home health agencies, as amended by the Balanced Budget Act of 1997 (BBA '97). Creates a new formula for calculation of the agency-specific per beneficiary annual limitation for cost reporting periods beginning on or after October 1, 1998. Revises the rules for new providers for such cost reporting periods. Increases reasonable per visit costs for reporting periods beginning on or after October 1, 1998, from 105 percent to 110 percent of the median of the labor-related and nonlabor per visit costs for free standing home health agencies. Amends BBA '97 to postpone from October 1, 1999, to October 1, 2000, implementation of the mandatory 15 percent reduction in cost and per beneficiary limits under such interim system. Amends part C (Medicare+Choice) of SSA title XVIII to: (1) change the number of individuals eligible to enroll for coverage in a demonstration Medical Savings Account plan from 390,000 to 100,000 (for any date before January 1, 2004) or 500,000 (for any date thereafter); and (2) provide for a three-year extension of such type of coverage.

To amend title XVIII of the Social Security Act to delay the 15% reduction and to make revisions in the per beneficiary and per visit payment limits on payment for health services under the Medicare Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Careers for Veterans Act of 2012''. SEC. 2. EMPLOYMENT OF VETERANS WITH THE FEDERAL GOVERNMENT. (a) In General.--Section 4214 of title 38, United States Code, is amended-- (1) in subsection (b), by adding at the end the following: ``(4)(A) The requirement under this section is in addition to the appointment of qualified covered veterans under the authority under paragraph (1) by the Department of Veterans Affairs and the Department of Defense. ``(B) The head of each agency, in consultation with the Director of the Office of Personnel Management, shall develop a plan for exercising the authority under paragraph (1) during the five-year period beginning on the date of enactment of the Careers for Veterans Act of 2012. ``(C) The Director of the Office of Personnel Management shall ensure that under the plans developed under subparagraph (B) agencies shall appoint to existing vacancies not fewer than 10,000 qualified covered veterans during the five-year period beginning on the date of enactment of the Careers for Veterans Act of 2012.''; (2) in subsection (d), in the third sentence, by inserting ``(including, during the 5-year period beginning on the date of enactment of the Careers for Veterans Act of 2012, the development and implementation by each agency of the plan required under subsection (b)(4), which shall include information regarding the grade or pay level of appointments by the agency under the plan and whether the appointments are, or are converted to, career or career-conditional appointments)'' after ``subsection (b) of this section''; and (3) in subsection (e)-- (A) in paragraph (1)-- (i) in the matter before subparagraph (A), by striking ``to the Congress'' and inserting ``to the appropriate committees of Congress''; and (ii) in subparagraph (A), by inserting ``(including, during the 5-year period beginning on the date of enactment of the Careers for Veterans Act of 2012, the development and implementation by the agency of the plan required under subsection (b)(4), which shall include information regarding the grade or pay level of appointments by the agency under the plan and whether the appointments are, or are converted to, permanent appointments)'' before the period; and (B) by adding at the end the following new paragraph: ``(3) In this subsection, the term `appropriate committees of Congress' means-- ``(A) the Committee on Veterans' Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(B) the Committee on Veterans' Affairs and the Committee on Oversight and Government Reform of the House of Representatives.''. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit to the appropriate committees of Congress (as defined under section 4214(e)(3) of title 38, United States Code, as amended by subsection (a)) regarding the development of a plan to carry out the amendments made by subsection (a). SEC. 3. REQUIREMENT THAT STATES RECOGNIZE MILITARY EXPERIENCE OF VETERANS WHEN ISSUING LICENSES AND CREDENTIALS TO VETERANS. (a) In General.--Section 4102A(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(9)(A) As a condition of a grant or contract under which funds are made available to a State under subsection (b)(5) in order to carry out section 4103A or 4104 of this title, the State shall-- ``(i) establish a program under which the State administers an examination to each veteran seeking a license or credential issued by the State and issues such license or credential to such veteran without requiring such veteran to undergo any training or apprenticeship if the veteran-- ``(I) receives a satisfactory score on completion of such examination, as determined by the State; and ``(II) has not less than 10 years of experience in a military occupational specialty that, as determined by the State, is similar to a civilian occupation for which such license or credential is required by the State; and ``(ii) submit each year to the Secretary a report on the exams administered under clause (i) during the most recently completed 12-month period that includes, for the period covered by the report the number of veterans who completed an exam administered by the State under clause (i) and a description of the results of such exams, disaggregated by occupational field. ``(B) Not less frequently than once each year, the Secretary shall submit to Congress and the Secretary of Defense a report summarizing the information received by the Secretary under subparagraph (A)(ii).''. (b) Effective Date.-- (1) Exams.--Subparagraph (A) of section 4102A(c)(9) of such title, as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act and shall apply with respect to grants and contracts described in such subparagraph awarded after such date. (2) Reports.--Subparagraph (B) of section 4102A(c)(9), as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act and the Secretary of Labor shall submit the first report under such subparagraph not later than two years after the date of the enactment of this Act. SEC. 4. SUPPORT FOR JOB SEARCHES OF VETERANS THROUGH ONE-STOP CENTERS. (a) Furnishing of List of Internet Resources.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Labor shall furnish each one-stop center with a list of all Internet websites and applications that the Secretary has identified as beneficial for veterans in pursuit of employment to their pursuit. (b) Identification of Additional Resources.--The Secretary shall coordinate with public and private sector entities to identify Internet websites and applications not already included in a list furnished under subsection (a) that-- (1) match veterans seeking employment with available jobs based on the skills the veterans acquired as members of the Armed Forces; and (2) allow employers to post information about available jobs. (c) Supplements.--The Secretary of Labor shall furnish each one- stop center with a list of Internet websites and applications identified under subsection (b). (d) Report.--Not later than 455 days after the date of the enactment of this Act, the Secretary of Labor shall submit to the appropriate committees of Congress a report on the use of the Internet websites and applications identified under subsection (b) for the benefit of veterans in pursuit of employment. (e) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Veterans' Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Veterans' Affairs and the Committee on Education and the Workforce of the House of Representatives. (2) One-stop center.--The term ``one-stop center'' means a center described in section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)). SEC. 5. EXPANSION OF CONTRACTING GOALS AND PREFERENCES OF DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE SMALL BUSINESS CONCERNS 100 PERCENT BUT CONDITIONALLY OWNED BY VETERANS. Section 8127(l) of title 38, United States Code, is amended-- (1) in paragraph (2), by inserting ``unconditionally'' before ``owned by'' each place it appears; and (2) by adding at the end the following new paragraph: ``(3) The term `unconditionally owned' includes, with respect to ownership of a small business concern, conditional ownership of such small business concern if such business concern is 100 percent owned by one or more veterans.''. SEC. 6. MODIFICATION OF TREATMENT UNDER CONTRACTING GOALS AND PREFERENCES OF DEPARTMENT OF VETERANS AFFAIRS FOR SMALL BUSINESSES OWNED BY VETERANS OF SMALL BUSINESSES AFTER DEATH OF DISABLED VETERAN OWNERS. (a) In General.--Section 8127(h) of title 38, United States Code, is amended-- (1) in paragraph (3), by striking ``rated as'' and all that follows through ``disability.'' and inserting a period; and (2) in paragraph (2), by amending subparagraph (C) to read as follows: ``(C) The date that-- ``(i) in the case of a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability, is 10 years after the date of the veteran's death; or ``(ii) in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is three years after the date of the veteran's death.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply with respect to contracts awarded on or after such date. SEC. 7. TREATMENT OF BUSINESSES AFTER DEATHS OF SERVICEMEMBER-OWNERS FOR PURPOSES OF DEPARTMENT OF VETERANS AFFAIRS CONTRACTING GOALS AND PREFERENCES. (a) In General.--Section 8127 of title 38, United States Code, is amended-- (1) by redesignating subsections (i) through (l) as subsections (j) through (m), respectively; and (2) by inserting after subsection (h) the following new subsection (i): ``(i) Treatment of Businesses After Death of Servicemember-Owner.-- (1) If a member of the Armed Forces owns at least 51 percent of a small business concern and such member is killed in line of duty in the active military, naval, or air service, the surviving spouse or dependent of such member who acquires such ownership rights in such small business concern shall, for the period described in paragraph (2), be treated as if the surviving spouse or dependent were a veteran with a service-connected disability for purposes of determining the status of the small business concern as a small business concern owned and controlled by veterans for purposes of contracting goals and preferences under this section. ``(2) The period referred to in paragraph (1) is the period beginning on the date on which the member of the Armed Forces dies and ending on the date as follows: ``(A) In the case of a surviving spouse, the earliest of the following dates: ``(i) The date on which the surviving spouse remarries. ``(ii) The date on which the surviving spouse relinquishes an ownership interest in the small business concern and no longer owns at least 51 percent of such small business concern. ``(iii) The date that is ten years after the date of the member's death. ``(B) In the case of a dependent who is not a spouse, the earliest of the following dates: ``(i) The date on which the surviving dependant relinquishes an ownership interest in the small business concern and no longer owns at least 51 percent of such small business concern. ``(ii) The date that is ten years after the date of the member's death.''. (b) Effective Date.--Subsection (i) of section 8127 of such title, as added by subsection (a), take effect on the date of the enactment of this Act and shall apply with respect to the deaths of members of the Armed Forces occurring on or after such date. SEC. 8. SPECIAL RULE FOR TREATMENT UNDER CONTRACTING GOALS AND PREFERENCES OF DEPARTMENT OF VETERANS AFFAIRS OF SMALL BUSINESS CONCERNS LICENSED IN COMMUNITY PROPERTY STATES. Section 8127 of title 38, United States Code, as amended by section 7, is further amended by adding at the end the following new subsection: ``(n) Special Rule for Community Property States.--Whenever the Secretary assesses, for purposes of this section, the degree of ownership by an individual of a small business concern licensed in a community property State, the Secretary shall also assess what that degree of ownership would be if such small business concern had been licensed in a State other than a community property State. If the Secretary determines that such individual would have had a greater degree of ownership of the small business concern had such small business concern been licensed in a State other than a community property State, the Secretary shall treat, for purposes of this section, such small business concern as if it had been licensed in a State other than a community property State.''. SEC. 9. OFF-BASE TRANSITION TRAINING. (a) Provision of Off-Base Transition Training.--During the three- year period beginning on the date of the enactment of this Act, the Secretary of Labor shall provide the Transition Assistance Program under section 1144 of title 10, United States Code, to eligible individuals at locations other than military installations in not less than three and not more than five States selected by the Secretary. (b) Selection of Locations.--In selecting States in which to carry out the training under subsection (a), the Secretary shall select the States with the highest rates of veteran unemployment. The Secretary shall provide such training to veterans at a sufficient number of locations within the selected States to meet the need. The Secretary shall select such locations to facilitate access by participants and may not select any location on a military installation other than a National Guard or reserve facility that is not located on an active duty military installation. (c) Eligible Individuals.--For purposes of this section, an eligible individual is a veteran or the spouse of a veteran. (d) Inclusion of Information About Veterans Benefits.--The Secretary shall ensure that the training provided under subsection (a) generally follows the content of the Transition Assistance Program under section 1144 of title 10, United States Code. (e) Integrating Subject Matter Experts.--The Secretary of Labor shall include in any contract entered into pursuant to section 1144 of title 10, United States Code, or section 4113 of title 38, United States Code, a requirement to include experts in subject matters relating to human resources practices, including resume writing, interviewing and job searching skills, and the provision of information about post-secondary education. (f) Annual Report.--Not later than March 1 of any year during which the Secretary provides training under subsection (a), the Secretary shall submit to Congress a report on the provision of such training. (g) Comptroller General Report.--Not later than 180 days after the termination of the three-year period described in subsection (a), the Comptroller General of the United States shall submit to Congress a report on the training provided under such subsection. The report shall include the evaluation of the Comptroller General regarding the feasibility of carrying out off-base transition training at locations nationwide.

Careers for Veterans Act of 2012 - Directs the head of each federal agency to develop a plan for exercising, during the five-year period beginning on the enactment of this Act, current Department of Defense (DOD) and Department of Veterans Affairs (VA) authority to hire qualified veterans for positions within the federal government. Includes as qualified veterans those who: (1) are disabled or recently separated; (2) served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; or (3) while serving on active duty, participated in a military operation for which an Armed Forces service medal was awarded. Requires the Director of the Office of Personnel Management (OPM) to ensure that, under such plans, agencies shall appoint no less than 10,000 qualified veterans during the five-year period. Requires a state, as a condition for receipt of a grant or contract from the VA for support of disabled veterans' outreach specialists and local veterans' employment representatives, to establish a program which issues a license or credential to a veteran without requiring any training or apprenticeship if such veteran: (1) receives a satisfactory score on completion of an examination administered by that state, and (2) has at least 10 years of experience in a military occupational specialty that is similar to the civilian occupation for which such license or credential is required. Directs the Secretary of Labor to: (1) furnish each one-stop (job search) center with a list of all Internet websites and applications identified as beneficial for veterans in pursuit of employment; and (2) coordinate with public and private entities to identify websites and applications not included on such list that match veterans seeking employment with available jobs based on skills acquired as members of the Armed Forces, and allow employers to post information about available jobs. Expands VA small business contracting goals to include small businesses fully, but conditionally, owned by one or more veterans. Treats the surviving spouse of a service-disabled veteran who acquires the ownership interest in a small business of the deceased veteran as such veteran, for purposes of eligibility for VA service-disabled small business contracting goals and preferences, for a period of: (1) 10 years after the veteran's death, if such veteran was either 100% disabled or died from a service-connected disability; or (2) 3 years after such death, if the veteran was less than 100% disabled and did not die from a service-connected disability. Treats a small business acquired by the surviving spouse or dependent from a member killed during active duty as a small business owned and controlled by a service-disabled veteran, for purposes of VA small business contracting goals and preferences. Continues such treatment for the period beginning on the date of the member's death and ending on the earlier of the date on which the surviving spouse remarries or relinquishes, or the date on which the surviving dependent relinquishes, such ownership interest or ten years after the member's death. Provides that if the Secretary determines, for purposes of VA small business contracting goals, that an individual would have had a greater degree of ownership of a small business in a state other than a community property state, then the Secretary shall treat such small business as licensed in a non-community property state. Directs the Secretary of Labor, during the three-year period beginning on the enactment of this Act, to provide the Transition Assistance Program (TAP) to veterans and their spouses at locations other than military installations in at least three, and up to five, states selected by the Secretary based on the highest rates of veteran unemployment.

A bill to amend title 38, United States Code, to require Federal agencies to hire veterans, to require States to recognize the military experience of veterans when issuing licenses and credentials to veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Participation Incentive Act of 1998''. SEC. 2. MAXIMUM RATE OF INCOME TAX FOR C CORPORATIONS WITH SUBSTANTIAL EMPLOYEE OWNERSHIP. (a) In General.--Section 11 of the Internal Revenue Code of 1986 (relating to tax on corporations) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Maximum Rate of 30 Percent for Corporations with Substantial Employee Ownership.-- ``(1) In general.--Except as provided in subsection (b)(2), the maximum rate of tax under subsection (b) shall be 30 percent with respect to any corporation if, with respect to such corporation-- ``(A) the employee voting percentage is at least 20 percent, and ``(B) the employee value percentage is at least 20 percent. ``(2) Definitions.--For purposes of this subsection-- ``(A) Employee ownership percentage.--The term `employee ownership percentage' means, with respect to a corporation, the lesser of the employee voting percentage or the employee value percentage. ``(B) Employee voting percentage.--The term `employee voting percentage' means the percentage of the total voting power of the stock of such corporation which is held directly by employees of such corporation. ``(C) Employee value percentage.--The term `employee value percentage' means the percentage of the total value of the stock of such corporation which is held directly by employees of such corporation. ``(D) Stock.--The term `stock' has the meaning given such term under section 1504. ``(3) Determination of ownership averages.-- ``(A) In general.--The determination of the employee voting percentage and the employee value percentage shall be made on the last day of the taxable year of the corporation. ``(B) Holdings of 5 percent shareholders and highly compensated employees disregarded.--Each such percentage shall be determined without regard the holdings of any highly compensated employee (as defined in section 414(q)). Notwithstanding the preceding sentence, the holdings of 5-percent owners (as defined in such section) shall be taken into account if the corporation has ____ or fewer employees. ``(C) Controlled groups.--In the case of corporations which are treated as a single employer under section 52(a)-- ``(i) such corporations shall be treated as 1 corporation for purposes of subparagraph (B), and ``(ii) the Secretary shall prescribe regulations-- ``(I) for the application of this subsection in the case of corporations filing a consolidated return, and ``(II) to prevent the abuse of the purposes of this subsection.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 3. EXCLUSION FROM GROSS INCOME FOR COMPENSATION PAID IN STOCK BY CERTAIN CORPORATIONS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 139 as section 140 and by inserting after section 138 the following new section: ``SEC. 139. COMPENSATION PAID IN STOCK BY CERTAIN CORPORATIONS. ``(a) In General.--In the case of an employee of an eligible corporation, gross income of such employee does not include remuneration received in the form of stock of such corporation or of any parent or subsidiary (within the meaning of section 422(b)) of such corporation. ``(b) Limitation.--The amount excluded under subsection (a) from the gross income of an employee for any taxable year shall not exceed 20 percent of the wages (as defined in section 3401(a) without regard to paragraph (22)) which would (but for this section) be includible in gross income for such year. ``(c) Eligible Corporation.--For purposes of this section, the term `eligible corporation' means, with respect to any taxable year of an employee, any corporation if-- ``(1) the corporation offers to pay remuneration for services performed during the calendar year in which or with which such taxable year ends in the form of stock of such corporation to at least 95 percent of such corporation's full- time employees, and ``(2) at least 95 percent of the value of the stock which is so offered during such calendar year is offered to employees whose wages (as defined in section 3401(a)) are among the bottom 75 percent of the employees when ranked on the basis of such wages. ``(d) Basis.--The amount excluded from gross income under this section shall not be taken into account in determining the basis of the stock.'' (b) Exclusion From Withholding.--Subsection (a) of section 3401 of such Code is amended by striking ``or'' at the end of paragraph (20), by striking the period at the end of paragraph (21) and inserting ``; or'', and by adding at the end the following new paragraph: ``(22) in the form of stock if at the time such stock is paid it is reasonable to believe that the employee will be able to exclude such stock from income under section 139.'' (c) Clerical Amendment.--The table of sections for such part III is amended by striking the last item and inserting the following new items: ``Sec. 139. Compensation paid in stock by certain corporations. ``Sec. 140. Cross references to other Acts.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. DEDUCTION ALLOWED TO ELIGIBLE CORPORATIONS AT TIME QUALIFIED STOCK OPTION GRANTED. (a) In General.--Subsection (a) of section 421 of the Internal Revenue Code of 1986 (relating to general rules for certain stock options) is amended by adding at the end the following flush sentence: ``Paragraph (2) shall not apply to options granted during any calendar year for which the corporation is an eligible corporation (as defined in section 139(c)).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to options granted after the date of the enactment of this Act.

Employee Participation Incentive Act of 1998 - Amends the Internal Revenue Code to: (1) establish a maximum tax rate of 30 percent for certain corporations with both an employee voting and value percentage of at least 20 percent; (2) provide an exclusion, of up to 20 percent of wages, from gross income for compensation paid in stock by certain corporations; and (3) permit a deduction to certain corporations when granting qualified stock options.

Employee Participation Incentive Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Law Enforcement Congressional Badge of Bravery Act of 2007''. SEC. 2. FINDINGS. Congress finds as follows: (1) According to the Department of Justice, in the past 7 years, an average of 150 Federal law enforcement officers per year sustained physical injuries while dealing with an assaultive subject. (2) More than 70 Federal agencies employ Federal law enforcement officers but only 2 such agencies have an awards mechanism to recognize Federal law enforcement officers who are injured in the line of duty. (3) In contrast to the lack of an awards mechanism for Federal law enforcement officers, the President awards the Purple Heart for military personnel wounded or killed during armed service, and most State and local police departments have commendations and medals for officers who are injured in the line of duty. (4) Formal congressional recognition does not exist to honor Federal law enforcement officers who are injured in the line of duty. (5) It is appropriate for Congress to recognize and honor the brave men and women in Federal law enforcement who are injured while putting themselves at personal risk in the line of duty. SEC. 3. AUTHORIZATION OF A BADGE. The Attorney General may award, and a Member of Congress or the Attorney General may present, in the name of Congress a Congressional Badge of Bravery (in this Act referred to as the ``Badge'') to a Federal law enforcement officer who is cited by the Attorney General, upon the recommendation of the Congressional Badge of Bravery Board, for sustaining a physical injury while in the line of duty. SEC. 4. NOMINATIONS. (a) In General.--An agency head may nominate for a Badge an individual who meets the following criteria: (1) The individual is a Federal law enforcement officer working within the agency of the agency head making the nomination. (2) The individual sustained a physical injury while engaged in his or her lawful duties. (3) The individual put himself or herself at personal risk when the injury described in paragraph (2) occurred. (4) The injury described in paragraph (2) occurred during some form of conduct characterized as bravery by the agency head making the nomination. (b) Contents.--A nomination under subsection (a) shall include-- (1) a written narrative, of not more than 2 pages, describing the circumstances under which the nominee sustained a physical injury described in subsection (a) and how the circumstances meet the criteria described in such subsection; (2) the full name of the nominee; (3) the home mailing address of the nominee; (4) the agency in which the nominee served on the date when such nominee sustained a physical injury described in subsection (a); (5) the occupational title and grade or rank of the nominee; (6) the field office address of the nominee on the date when such nominee sustained a physical injury described in subsection (a); and (7) the number of years of Government service by the nominee as of the date when such nominee sustained a physical injury described in subsection (a). (c) Submission Deadline.--An agency head shall submit each nomination under subsection (a) to the Congressional Badge of Bravery Office by February 15 of the year following the date on which the nominee sustained a physical injury described in subsection (a). SEC. 5. CONGRESSIONAL BADGE OF BRAVERY BOARD. (a) Establishment.--There is established within the Department of Justice a Congressional Badge of Bravery Board (in this Act referred to as the ``Board''). (b) Duties.--The Board shall do the following: (1) Design the Badge with appropriate ribbons and appurtenances. (2) Select an engraver to produce each Badge. (3) Recommend recipients of the Badge from among those nominations timely submitted to the Congressional Badge of Bravery Office. (4) Annually present to the Attorney General the names of Federal law enforcement officers who the Board recommends as Badge recipients in accordance with the criteria described in section 4(a). (5) After approval by the Attorney General-- (A) procure the Badges from the engraver selected under paragraph (2); (B) send a letter announcing the award of each Badge to the agency head who nominated the recipient of such Badge; (C) send a letter to each Member of Congress representing the congressional district where the recipient of each Badge resides to offer such Member an opportunity to present such Badge; and (D) make or facilitate arrangements for presenting each Badge in accordance with section 7. (6) Set an annual timetable for fulfilling the duties described in this subsection. (c) Membership.-- (1) Number and appointment.--The Board shall be composed of 7 members (in this Act referred to as the ``Board members'') appointed as follows: (A) One member jointly appointed by the majority leader and minority leader of the Senate. (B) One member jointly appointed by the Speaker and minority leader of the House of Representatives. (C) One member from the Department of Justice appointed by the Attorney General. (D) One member from the Department of Homeland Security appointed by the Secretary of Homeland Security. (E) Three members of the Federal Law Enforcement Officers Association appointed by the Executive Board of the Federal Law Enforcement Officers Association. (2) Limitation.--No more than 5 Board members may be members of the Federal Law Enforcement Officers Association. (3) Qualifications.--Board members shall be individuals with knowledge or expertise, whether by experience or training, in the field of Federal law enforcement. (4) Terms and vacancies.--Each Board member shall be appointed for 2 years and may be reappointed. A vacancy in the Board shall not affect the powers of the Board and shall be filled in the same manner as the original appointment. (d) Operations.-- (1) Chairperson.--The Chairperson of the Board shall be a Board member elected by a majority of the Board. (2) Meetings.--The Board shall conduct its first meeting not later than 90 days after the appointment of a majority of Board members. Thereafter, the Board shall meet at the call of the Chairperson, or in the case of a vacancy of the position of Chairperson, at the call of the Attorney General. (3) Voting and rules.--A majority of Board members shall constitute a quorum to conduct business, but the Board may establish a lesser quorum for conducting hearings scheduled by the Board. The Board may establish by majority vote any other rules for the conduct of the business of the Board, if such rules are not inconsistent with this Act or other applicable law. (e) Powers.-- (1) Hearings.-- (A) In general.--The Board may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Board considers appropriate to carry out the duties of the Board under this Act. The Board may administer oaths or affirmations to witnesses appearing before it. (B) Witness expenses.--Witnesses requested to appear before the Board may be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Board. (2) Information from federal agencies.--Subject to sections 552, 552a, and 552b of title 5, United States Code-- (A) the Board may secure directly from any Federal department or agency information necessary to enable it to carry out this Act; and (B) upon request of the Board, the head of that department or agency shall furnish the information to the Board. (3) Information to be kept confidential.--The Board shall not disclose any information which may compromise an ongoing law enforcement investigation or is otherwise required by law to be kept confidential. (f) Compensation.-- (1) In general.--Except as provided in paragraph (2), each Board member shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such Board member is engaged in the performance of the duties of the Board. (2) Prohibition of compensation for government employees.-- Board members who serve as officers or employees of Federal, a State, or a local government may not receive additional pay, allowances, or benefits by reason of their service on the Board. (3) Travel expenses.--Each Board member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 6. CONGRESSIONAL BADGE OF BRAVERY OFFICE. There is established within the Department of Justice a Congressional Badge of Bravery Office (in this Act referred to as the ``Office''). The Office shall-- (1) receive nominations from agency heads on behalf of the Board and deliver such nominations to the Board at Board meetings described in section 5(d)(2); and (2) provide staff support to the Board to carry out the duties described in section 5(b). SEC. 7. PRESENTATION OF BADGES. (a) Presentation by Member of Congress.--A Member of Congress may present a Badge to any Badge recipient who resides in such Member's congressional district. If both a Senator and Representative choose to present a Badge, such Senator and Representative shall make a joint presentation. (b) Presentation by Attorney General.--If no Member of Congress chooses to present the Badge as described in subsection (a), the Attorney General, or a designee of the Attorney General, shall present such Badge. (c) Presentation Arrangements.--The office of the Member of Congress presenting each Badge may make arrangements for the presentation of such Badge, and if a Senator and Representative choose to participate jointly as described in subsection (a), the Members shall make joint arrangements. The Board shall facilitate any such presentation arrangements as requested by the congressional office presenting the Badge and shall make arrangements in cases not undertaken by Members of Congress. SEC. 8. DEFINITIONS. For purposes of this Act: (a) Federal Law Enforcement Officer.--The term ``Federal law enforcement officer'' means a Federal employee-- (1) who has statutory authority to make arrests; (2) who is authorized by his or her agency to carry firearms; and (3) whose duties are primarily-- (A) the investigation, apprehension, or detention of individuals suspected or convicted of a Federal criminal offense; or (B) the protection of Federal officials against threats to personal safety. (b) Agency Head.--The term ``agency head'' means the head of any executive, legislative, or judicial branch Government entity that employs Federal law enforcement officers.

Federal Law Enforcement Congressional Badge of Bravery Act of 2007 - Authorizes the Attorney General to award a Congressional Badge of Bravery to a federal law enforcement officer who sustains a physical injury in the line of duty. Sets forth requirements for agencies in nominating a law enforcement officer for a Badge. Establishes within the Department of Justice: (1) a Congressional Badge of Bravery Board to made recommendations for awarding a Badge; and (2) a Congressional Badge of Bravery Office to assist the Board. Authorizes Members of Congress or the Attorney General to make the presentations of Badges to law enforcement officers.

To establish an awards mechanism to honor Federal law enforcement officers injured in the line of duty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yemen Security and Humanity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Yemen, a country that has been plagued by violence and insurgency for many years, has been locked in a devastating civil war since 2015. (2) In April 2017, the World Food Programme announced that Yemen is on the brink of ``full-scale famine'' and classified approximately 7,000,000 Yemenis, including 2,200,000 children, as ``severely food insecure''. (3) Although many factors account for the famine conditions in Yemen, including years of government mismanagement, corruption, and natural disasters, the World Food Programme indicates that the impact of the conflict--including the destruction of public services, infrastructure, transport, and Yemen's economy--is having a significant impact on Yemen's food insecurity. (4) According to the United Nations International Children's Emergency Fund, a Yemeni child dies every ten minutes, on average, from malnutrition, diarrhea, or respiratory tract infections. (5) Disease, war, and desperate poverty in Yemen threaten United States core values and strategic priorities for combating global terror. (6) According to the January 2014 ``Worldwide Threat Assessment of the US Intelligence Community''-- (A) a ``[l]ack of adequate food will be a destabilizing factor in countries important to US national security that do not have the financial or technical abilities to solve their internal food security problems''; and (B) ``[f]ood and nutrition insecurity in weakly governed countries might also provide opportunities for insurgent groups to capitalize on poor conditions, exploit international food aid, and discredit governments for their inability to address basic needs''. (7) Yemen imports 90 percent of its food, a majority of which enters the country through the port of Hodeida, currently a Houthi-controlled city. (8) In response to the August 2015 bombing of the port of Hodeida, the United States Agency for International Development funded, in part, the replacement of port cranes destroyed in the bombing, though the replacements have not been delivered because of current conditions on the ground despite being essential to accelerate the rapid delivery of food from the port. (9) Relief organizations are concerned that the closure of the port of Hodeida for any reason could further exacerbate famine in Yemen because the majority of humanitarian aid enters the country through that port. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) effectively addressing the famine conditions in Yemen is in the national security interests of the United States; (2) interventions supported by the United States to advance national security should also consider the impact of military engagement on humanitarian operations in such regions; and (3) bureaucratic procedures with respect to humanitarian aid must be urgently improved and expedited to allow for an expansion of the scale of the humanitarian operations providing such aid. SEC. 4. COORDINATION IN FAMINE-RISK AREAS. Section 5(a) of the Global Food Security Act of 2016 (22 U.S.C. 9304(a)) is amended-- (1) in paragraph (16), by striking ``and'' at the end; (2) in paragraph (17), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(18) facilitate coordination between the United States Agency for International Development, the United Nations Office for the Coordination of Humanitarian Affairs, and United States military personnel, with respect to famine-risk areas.''. SEC. 5. UNITED STATES SECURITY AND HUMANITARIAN SUPPORT STRATEGY FOR YEMEN. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense, in coordination with the Administrator of the United States Agency for International Development, shall jointly submit to Congress a comprehensive report on United States security and humanitarian interests in Yemen, including each of the following: (1) The strategic objectives of the United States in Yemen, including humanitarian support to civilian populations under threat of famine, and the criteria for determining the success of such objectives. (2) A description of efforts to coordinate civilian and military efforts with respect to Yemen. (3) A description of the diplomatic strategy with respect to regional partners seeking to end the civil war in Yemen.

Yemen Security and Humanity Act This bill expresses the sense of Congress that: (1) addressing the famine conditions in Yemen is in U.S. national security interests, (2) U.S.-supported interventions to advance national security should consider the impact of military engagement on humanitarian operations, and (3) bureaucratic procedures with respect to humanitarian aid must be improved. The Global Food Security Act of 2016 is amended to include in the U.S. global comprehensive food security strategy, with respect to famine-risk areas, coordination among the U.S. Agency for International Development, the United Nations Office for the Coordination of Humanitarian Affairs, and the U.S. military. The Department of State and the Department of Defense shall jointly report to Congress regarding U.S. security and humanitarian interests in Yemen, including: (1) U.S. strategic objectives, including humanitarian support to famine-threatened civilian populations; (2) efforts to coordinate civilian and military efforts; and (3) the diplomatic strategy with respect to regional partners seeking to end Yemen's civil war.

Yemen Security and Humanity Act

SECTION 1. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS. (a) Residential Substance Abuse Treatment for Prisoners.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended-- (1) by redesignating part Q as part R; (2) by redesignating section 1701 as section 1801; and (3) by inserting after part P the following: ``PART Q--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS ``SEC. 1701. GRANT AUTHORIZATION. ``The Director of the Bureau of Justice Assistance (referred to in this part as the `Director') may make grants under this part to States, for the use by States and units of local government for the purpose of developing and implementing residential substance abuse treatment programs within State correctional facilities, as well as within local correctional facilities in which inmates are incarcerated for a period of time sufficient to permit substance abuse treatment. ``SEC. 1702. STATE APPLICATIONS. ``(a) In General.--(1) To request a grant under this part the chief executive of a State shall submit an application to the Director in such form and containing such information as the Director may reasonably require. ``(2) Such application shall include assurances that Federal funds received under this part shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this part. ``(3) Such application shall coordinate the design and implementation of treatment programs between State correctional representatives and the State Alcohol and Drug Abuse agency (and, if appropriate, between representatives of local correctional agencies and representatives of either the State alcohol and drug abuse agency or any appropriate local alcohol and drug abuse agency). ``(b) Substance Abuse Testing Requirement.--To be eligible to receive funds under this part, a State must agree to implement or continue to require urinalysis or similar testing of individuals in correctional residential substance abuse treatment programs. Such testing shall include individuals released from residential substance abuse treatment programs who remain in the custody of the State. ``(c) Eligibility for Preference With After Care Component.-- ``(1) To be eligible for a preference under this part, a State must ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this part will be provided with aftercare services. ``(2) State aftercare services must involve the coordination of the correctional facility treatment program with other human service and rehabilitation programs, such as educational and job training programs, parole supervision programs, half-way house programs, and participation in self- help and peer group programs, that may aid in the rehabilitation of individuals in the substance abuse treatment program. ``(3) To qualify as an aftercare program, the head of the substance abuse treatment program, in conjunction with State and local authorities and organizations involved in substance abuse treatment, shall assist in placement of substance abuse treatment program participants with appropriate community substance abuse treatment facilities when such individuals leave the correctional facility at the end of a sentence or on parole. ``(d) State Office.--The Office designated under section 507 of this title-- ``(1) shall prepare the application as required under section 1702, and ``(2) shall administer grant funds received under this part, including review of spending, processing, progress, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement. ``SEC. 1703. REVIEW OF STATE APPLICATIONS. ``(a) In General.--The Director shall make a grant under section 1701 to carry out the projects described in the application submitted under section 1702 upon determining that-- ``(1) the application is consistent with the requirements of this part; and ``(2) before the approval of the application the Director has made an affirmative finding in writing that the proposed project has been reviewed in accordance with this part. ``(b) Approval.--Each application submitted under section 1702 shall be considered approved, in whole or in part, by the Director not later than 45 days after first received unless the Director informs the applicant of specific reasons for disapproval. ``(c) Restriction.--Grant funds received under this part shall not be used for land acquisition or construction projects. ``(d) Disapproval Notice and Reconsideration.--The Director shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration. ``SEC. 1704. ALLOCATION AND DISTRIBUTION OF FUNDS. ``(a) Allocation.--Of the total amount appropriated under this part in any fiscal year-- ``(1) 0.4 percent shall be allocated to each of the participating States; and ``(2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each of the participating States an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the State prison population of such State bears to the total prison population of all the participating States. ``(b) Federal Share.--The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the projects described in the application submitted under section 1702 for the fiscal year for which the projects receive assistance under this part. ``SEC. 1705. EVALUATION. ``Each State that receives a grant under this part shall submit to the Director an evaluation not later than March 1 of each year in such form and containing such information as the Director may reasonably require.''. (b) Conforming Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended by striking the matter relating to part Q and inserting the following: ``Part Q--Residential Substance Abuse Treatment for Prisoners ``Sec. 1701. Grant authorization. ``Sec. 1702. State applications. ``Sec. 1703. Review of State applications. ``Sec. 1704. Allocation and distribution of funds. ``Sec. 1705. Evaluation. ``Part R--Transition--Effective Date--Repealer ``Sec. 1801. Continuation of rules, authorities, and proceedings.''. (c) Definitions.--Section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)) is amended by adding after paragraph (23) the following: ``(24) The term `residential substance abuse treatment program' means a course of individual and group activities, lasting between 9 and 12 months, in residential treatment facilities set apart from the general prison population-- ``(A) directed at the substance abuse problems of the prisoner; and ``(B) intended to develop the prisoner's cognitive, behavioral, social, vocational, and other skills so as to solve the prisoner's substance abuse and related problems.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), is amended by adding after paragraph (10) the following: ``(11) There are authorized to be appropriated $100,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out the projects under part Q.''. Passed the House of Representatives November 3, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to States for the purpose of developing and implementing residential substance abuse treatment programs within State correctional facilities, as well as within local correctional facilities in which inmates are incarcerated for a period of time sufficient to permit substance abuse treatment. Sets forth provisions regarding: (1) State application and eligibility requirements (including a drug testing requirement and a requirement for an aftercare component to be eligible for a preference); (2) the review of State applications; (3) the allocation and distribution of funds; and (4) State evaluations. Authorizes appropriations.

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow grants for the purpose of developing and implementing residential substance abuse treatment programs within State correctional facilities, as well as within local correctional facilities in which inmates are incarcerated for a period of time sufficient to permit substance abuse treatment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclaiming Expatriated Contracts and Profits Act''. SEC. 2. RESTRICTIONS ON FEDERAL CONTRACTS WITH CERTAIN INVERTED ENTITIES. (a) Restrictions.-- (1) Ban on certain inverted entities.--Notwithstanding any other provision of law-- (A) no officer or employee of the United States may enter into, extend, or modify a contract with a foreign incorporated entity treated as an inverted domestic corporation under subsection (c) during the restriction period for the entity, and (B) any officer or employee of the United States entering into a contract after the date of the enactment of this Act shall include in the contract a prohibition on the subcontracting of any portion of the contract to any foreign incorporated entity treated as an inverted domestic corporation under subsection (c) during the restriction period for the entity. (2) Mandatory reduction in contract evaluation of certain entities.-- (A) In general.--If, during the restriction period for an acquired entity to which this section applies, the entity makes an offer in response to a solicitation of offers for a contract with the United States, any officer or employee of the United States evaluating the offer shall, solely for purposes of awarding the contract, adjust the evaluation as follows: (i) In the case of a contract to be entered into with an offeror selected solely on the basis of price, the price offered by such acquired entity shall be deemed to be equal to 110 percent of the price actually offered. (ii) In the case of a contract to be entered into with an offeror on the basis of two or more evaluation factors, the quantitative evaluation of the offer made by such acquired entity shall be deemed to be reduced by 10 percent. (B) Application to certain contractors.--If a person other than an entity to which this paragraph applies makes an offer for a contract with the United States, and it is reasonable to assume at the time of the offer that any portion of the work will be subcontracted to such an entity, subparagraph (A) shall be applied to such offer in the same manner as if the person making the offer were such an entity. (3) Application to related entities.--Paragraphs (1) and (2) shall also apply during the restriction period for an entity to-- (A) a member of an expanded affiliated group which includes the entity, and (B) any other related person with respect to the entity. (b) Exceptions.-- (1) Presidential waiver.--The President of the United States may waive the application of subsection (a) with respect to any contract if the President determines that the waiver is necessary in the interest of national security. (2) Exception where no tax avoidance purpose.-- (A) In general.--This section shall not apply to a foreign incorporated entity or an acquired entity if the entity requests, and the Secretary of the Treasury issues, a determination letter that the acquisition described in subsection (c)(1)(A) with respect to the entity did not have as one of its principal purposes the avoidance of Federal income taxation. (B) Procedures.--The Secretary of the Treasury shall prescribe the time and manner of filing a request under this paragraph. (C) Stay of restriction period.-- (i) In general.--The restriction period with respect to an entity filing a request under this paragraph shall not begin until the Secretary of the Treasury notifies the entity that it will not issue a determination letter with respect to the request. (ii) No action.--If the Secretary takes no action with respect to a request during the 1- year period beginning on the date of the request (or such longer period as the Secretary and the entity may agree upon), the Secretary shall be treated as having issued a determination letter described in subparagraph (A). This clause shall not apply to a request if the entity does not submit the request in proper form or the entity does not provide the information the Secretary requests to process the request. (c) Inverted Domestic Corporation.--For purposes of this section-- (1) In general.--A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-- (A) the entity completes after the date of the enactment of this Act the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership, (B) after the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-- (i) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or (ii) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, and (C) the expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. (2) Rules for application of subsection.--In applying this subsection, the following rules shall apply: (A) Certain stock disregarded.--There shall not be taken into account in determining ownership for purposes of paragraph (1)(B)-- (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity, or (ii) stock of such entity which is sold in a public offering related to the acquisition described in paragraph (1)(A). (B) Plan deemed in certain cases.--If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of paragraph (1)(B) are met with respect to such corporation or partnership, such actions shall be treated as pursuant to a plan. (C) Certain transfers disregarded.--The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (D) Special rule for related partnerships.--For purposes of applying this subsection to the acquisition of a domestic partnership, except as provided in regulations, all partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as 1 partnership. (E) Treatment of certain rights.--The Secretary of the Treasury shall prescribe such regulations as may be necessary-- (i) to treat warrants, options, contracts to acquire stock, convertible debt instruments, and other similar interests as stock, and (ii) to treat stock as not stock. (d) Acquired Entity to Which Section Applies.-- (1) In general.--This section shall apply to an acquired entity if a foreign incorporated entity would be treated as an inverted domestic corporation with respect to the acquired entity if subsection (c)(1)(B) were applied by substituting ``50 percent'' for ``80 percent''. (2) Application to certain acquisitions before enactment.-- This section shall apply to an acquired entity if a foreign incorporated entity would be treated as an inverted domestic corporation if subsection (c)(1) were applied-- (A) by substituting ``after December 31, 1996, and on or before the date of the enactment of this Act,'' for ``after the date of the enactment of this Act'' in subparagraph (A), and (B) by substituting ``50 percent'' for ``80 percent'' in subparagraph (B). (3) Acquired entity.--For purposes of this section-- (A) In general.--The term `acquired entity' means the domestic corporation or partnership substantially all of the properties of which are directly or indirectly acquired in an acquisition described in subsection (c)(1)(A) to which this subsection applies. (B) Aggregation rules.--Any domestic person bearing a relationship described in section 267(b) or 707(b) of the Internal Revenue Code of 1986 to an acquired entity shall be treated as an acquired entity with respect to the acquisition described in subparagraph (A). (e) Definitions.--For purposes of this section-- (1) Expanded affiliated group.--The term ``expanded affiliated group'' means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b)(3) of such Code), except that section 1504(a) of such Code shall be applied by substituting ``more than 50 percent'' for ``at least 80 percent'' each place it appears. (2) Foreign incorporated entity.--The term ``foreign incorporated entity'' means any entity which is treated as a foreign corporation for purposes of such Code. (3) Related person.--The term ``related person'' means, with respect to any entity, a person which-- (A) bears a relationship to such entity described in section 267(b) or 707(b) of such Code, or (B) is under the same common control (within the meaning of section 482 of such Code) as such entity. (4) Restriction period.-- (A) In general.--The term ``restriction period'' means, with respect to any entity, the period-- (i) beginning on the date substantially all of the properties to be acquired as part of the acquisition described in subsection (c)(1)(A) are acquired, and (ii) to the extent provided by the Secretary of the Treasury, ending on the date the income and gain from such properties is subject to United States taxation in the same manner as if such properties were held by a United States person. (B) Special rules for acquired entities.-- (i) 10-year limit.--In the case of an acquired entity to which subsection (a)(2) applies, the restriction period shall end no later than the date which is 10 years from the date described in subparagraph (A)(i) (or, if later, the date of the enactment of this Act). (ii) Subsequent acquisitions by unrelated domestic corporations.-- (I) In general.--Subject to such conditions, limitations, and exceptions as the Secretary of the Treasury may prescribe, if, after an acquisition described in subsection (c)(1)(A) to which subsection (a)(2) applies, a domestic corporation the stock of which is traded on an established securities market acquires directly or indirectly any properties of one or more acquired entities, then the restriction period for any such acquired entity with respect to which the requirements of clause (ii) are met shall end immediately after such acquisition. (II) Requirements.--The requirements of this subclause are met with respect to a transaction involving any acquisition described in subclause (I) if-- (aa) before such transaction the domestic corporation did not have a relationship described in section 267(b) or 707(b) of such Code, and was not under common control (within the meaning of section 482 of such Code), with the acquired entity, or any member of an expanded affiliated group including such entity, and (bb) after such transaction, such acquired entity is a member of the same expanded affiliated group which includes the domestic corporation or has such a relationship or is under such common control with any member of such group, and is not a member of, and does not have such a relationship and is not under such common control with any member of, the expanded affiliated group which before such acquisition included such entity. (5) Other definitions.--The terms ``person'', ``domestic'', and ``foreign'' have the same meanings given such terms by section 7701(a) of such Code. (f) Assistance.--The Secretary of the Treasury or his delegate shall assist officers and employees of the United States in carrying out the provisions of this section, including providing assistance in identifying entities to which this section applies.

Reclaiming Expatriated Contracts and Profits Act - Prohibits awarding Federal contracts or subcontracts to foreign incorporated entities treated as inverted domestic corporations (a domestic corporation 80 percent of the stock of which is controlled by the former domestic stockholders or partners after the corporation is acquired by a foreign entity) and requires adjustments to Federal contract bids from certain previously acquired entities (a price increase for bids evaluated solely on price; a quantitative evaluation reduction for bids evaluated on two or more factors) for a specified period following such acquisition.Authorizes: (1) a presidential waiver in the interest of national security; and (2) an exception to the application of this Act for entities that were not acquired to avoid Federal income taxation.

A bill to impose restrictions on the ability of officers and employees of the United States to enter into contracts with corporations or partnerships that move outside the United States while retaining substantially the same ownership.

SECTION 1. MODIFIED PROCEDURES. (a) In General.--Section 404(d) of title 39, United States Code, is amended by striking the matter before paragraph (5) and inserting the following: ``(d)(1) Before making any determination under subsection (a)(3) to close or consolidate a post office, the Postal Service shall conduct an investigation to assess the need for the proposed closure or consolidation and shall provide appropriate notice to the persons served by such post office to ensure that such persons will have an opportunity to present their views. Such notice shall be made to each person by mail, as well as by publication in newspapers of general circulation in the area within which such persons reside. ``(2) In deciding whether or not to close or consolidate a post office, the Postal Service-- ``(A) shall consider-- ``(i) the effect such closing or consolidation would have on the community served by such post office; ``(ii) the effect such closing or consolidation would have on employees of the Postal Service employed at such office; and ``(iii) whether such closing or consolidation would be consistent with the policy of the Government, as stated in section 101(b), that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining; and ``(B) may not consider compliance with any provision of the Occupational Safety and Health Act of 1970. ``(3)(A) A decision to proceed with the proposal to close or consolidate, following an investigation under paragraph (1), shall be made in writing and shall include the findings of the Postal Service with respect to each of the considerations specified in paragraph (2)(A). ``(B) Notice of the decision and findings under subparagraph (A) shall be posted prominently in each post office that would be affected, and notice of the posting shall be sent by mail to all persons served by such post office, at least 90 days before a final determination is made, to ensure that such persons will have an opportunity to submit comments. ``(C) Any posting under subparagraph (B) shall include the following: `This is notice of a proposal to _____ this post office. A final determination will not be made before the end of the 90-day period beginning on the date on which this notice is first posted.', with the blank space being filled in with `close' or `consolidate' (whichever is appropriate), and with instructions for how any interested person may submit comments. ``(4) A final determination to close or consolidate a post office shall be made, in writing, after taking into consideration any comments received in the course of the 90-day period referred to in paragraph (3). The Postal Service shall take no action to close or consolidate a post office before the end of the 60-day period beginning on the date as of which the Postal Service-- ``(A) posts a copy of its final determination in a prominent location in each affected post office; and ``(B) sends to all persons served by such post office-- ``(i) a notice of such determination; and ``(ii) notice of any appeal rights available with respect to such determination.''. (b) Suspension Pending Appeal.--Section 404(d)(5) of title 39, United States Code, is amended in the next to last sentence by striking ``may suspend'' and inserting ``shall suspend''. (c) Exception.--Section 404(d) of title 39, United States Code, is amended by adding at the end the following: ``(7) The preceding provisions of this subsection shall not apply in the case of a closing or consolidation which occurs-- ``(A) by reason of an emergency suspension, as defined under regulations of the Postal Service; or ``(B) in the case of a leased facility, by reason of the termination or cancellation of the lease by a party other than the Postal Service.''. SEC. 2. DEFINITIONS. Section 404 of title 39, United States Code, is amended by adding at the end the following: ``(f) For purposes of this section-- ``(1) the term `post office' includes an office, branch, station, or other facility which-- ``(A) is operated by the Postal Service; and ``(B) provides services to persons described in paragraph (2); and ``(2) any reference to the persons served by a post office shall include any postal patrons receiving mail delivery service from such post office, residents within any ZIP code served by such post office, postal patrons holding post office boxes at such post office, and (as further defined under regulations of the Postal Service) the relevant local government officials.''.

Modifies the procedures the U.S. Postal Service must follow in connection with the closing or consolidation of any post office, including: (1) requiring an assessment of the need for the closure or consolidation; (2) eliminating a requirement to consider the resulting Postal Service economic savings; (3) requiring a posting in each affected post office at least 90 days before the final decision is made; and (4) requiring (currently, allowing) suspension of the determination pending an appeal to the Postal Regulatory Commission. Provides for exceptions for emergency suspensions (as defined under Postal Service regulations) or lease termination or cancellation by a party other than the Postal Service. Defines "post office," for the provisions amended by this Act, to include an office, branch, station, or other facility operated by the Postal Service.

To amend title 39, United States Code, to modify the procedures governing the closure or consolidation of post offices.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Essential Oral Health Care Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS Sec. 101. Grants to develop and implement pilot community dental health coordinator (CDHC) training programs and to support volunteer dental projects. TITLE II--STATE OPTION FOR IMPROVING MEDICAID AND SCHIP DENTAL SERVICES ACCESS Sec. 201. Support for ensuring children enrolled in Medicaid and SCHIP have dental services access equal to the pediatric population of the State. TITLE III--TAX CREDIT FOR DONATED DENTAL SERVICES Sec. 301. Tax credit for donation of certain dental services. TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS SEC. 101. GRANTS TO DEVELOP AND IMPLEMENT PILOT COMMUNITY DENTAL HEALTH COORDINATOR (CDHC) TRAINING PROGRAMS AND TO SUPPORT VOLUNTEER DENTAL PROJECTS. Title V of the Social Security Act (42 U.S.C. 701, et seq.) is amended by adding at the end the following new sections: ``SEC. 511. GRANTS TO DEVELOP AND IMPLEMENT PILOT COMMUNITY DENTAL HEALTH COORDINATOR (CDHC) TRAINING PROGRAMS. ``(a) Authority To Make Grants.--In addition to any other payments made under this title to a State, the Secretary shall award grants to no more than six entities that satisfy the requirements of subsection (b) to participate as a pilot site for the Community Dental Health Coordinator (in this section referred to as the `CDHC') model developed as a new mid-level allied dental professional who will work in underserved communities where residents have no or limited access to oral health care. Under such a grant each CDHC-- ``(1) will be employed by a federally-qualified health center, Indian Health Service facility, State or county public health clinic, private practitioner serving dentally underserved populations, or similar entity; and ``(2) will work under the supervision of a licensed dentist in collaboration with health organizations, community organizations, schools, or other similar organizations, to provide community-focused oral health promotion and coordination of dental care. ``(b) Requirements.--In order to be eligible for a grant under this section, an entity shall provide the Secretary with the following assurances: ``(1) The entity will recruit and train no fewer than 12 CDHCs in a 3-year period. ``(2) The entity will work with a State-specific coordinating committee that includes representatives of agencies such as the State board of dentistry, dental associations, and dental academic institutions where the pilot projects are conducted, as well as the American Dental Association's Workforce Models National Coordinating and Development Committee (NCDC). ``(3) The entity will provide information required in conducting the evaluation under subsection (d). ``(c) Application.--An entity desiring a grant under this section shall submit an application to the Secretary in such manner as the Secretary may require. ``(d) Evaluation.--The Secretary shall provide for an evaluation over a 2-year period of the overall success of the grants provided under this section to be conducted by a national evaluation team and coordinated by the American Dental Association's Workforce Models National Coordinating and Development Committee (NCDC). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2008 through 2012. ``SEC. 512. GRANTS TO SUPPORT VOLUNTEER DENTAL PROJECTS. ``(a) Authority To Make Grants.--In addition to any other payments made under this title to a State, the Secretary shall award grants to eligible entities as defined in subsection (b) to purchase portable or mobile dental equipment and to pay for appropriate operational costs, including direct health care or service delivery costs, for the provision of free (or subsidized) dental services to underserved populations. ``(b) Eligible Entity.--An eligible entity under this subsection is an organization, such as a State or local dental association, dental school, a hospital with a postdoctoral dental education program, or a community-based organization that partners with an academic institution, that is exempt from tax under section 501(c) of the Internal Revenue Code of 1986 and that offers a free dental services program for underserved populations. ``(c) Application.--An institution desiring a grant under this section shall submit an application to the Secretary in such manner as the Secretary may require. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to make grants under this section $3,000,000 for each of fiscal years 2008 through 2012.''. TITLE II--STATE OPTION FOR IMPROVING MEDICAID AND SCHIP DENTAL SERVICES ACCESS SEC. 201. SUPPORT FOR ENSURING CHILDREN ENROLLED IN MEDICAID AND SCHIP HAVE DENTAL SERVICES ACCESS EQUAL TO THE PEDIATRIC POPULATION OF THE STATE. (a) Medicaid.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa) Equal Access to Oral Health Care for Pediatric Population Plan.-- ``(1) Increase in fmap for states implementing equal access requirements.--In order to ensure adequate provider participation in the plan under this title and to ensure that children enrolled in the plan have access to oral health care services to the same extent as such services are available to the pediatric population of the State, subject to paragraph (3), in the case of a State that amends its plan under this title to incorporate, and to implement, the requirements specified in paragraph (2), notwithstanding section 1905(b), the Federal medical assistance percentage applied under the plan with respect to expenditures for dental and oral health services for children shall be increased by 25 percentage points, but not to exceed 90 percent. ``(2) Provider participation and access requirements.--The requirements specified in this paragraph for a State are that the State provides the Secretary with assurances regarding each of the following: ``(A) Children enrolled in the State plan have access to oral health care services to the same extent as such services are available to the pediatric population of the State. ``(B) Payment for dental services for children under the State plan is made at levels consistent with the market-based rates. ``(C) No fewer than 35 percent of the practicing dentists (including a reasonable mix of general dentists, pediatric dentists, and oral and maxillofacial surgeons) in the State participate (whether directly or through a plan providing dental services) under the State plan and there is reasonable distribution of such dentists serving the covered population. ``(D) Administrative barriers under this title are addressed to facilitate such provider participation, including improving eligibility verification, ensuring that any licensed dentist may participate in a publicly funded plan without also having to participate in any other plan, simplifying claims forms processing, assigning a single plan administrator for the dental program, and employing case managers to reduce the number of missed appointments. ``(E) Demand for services barriers under this title are addressed, such as educating caregivers regarding the need to seek dental services and addressing oral health care literacy issues. ``(3) 3 year review.--Every 3 years the Secretary shall evaluate the impact of the increase in the FMAP under paragraph (1) on the rate of participation of dentists and the use of dental services under the State plan. If the Secretary determines that such increase in the FMAP has not resulted in a commensurate increase in such participation and use rate, as determined in consultation with the State involved, paragraph (1) shall no longer apply in such State.''. (b) Application to SCHIP.--Section 2105(b) of such Act (42 U.S.C. 1397ee(b)) is amended by adding at the end the following: ``Notwithstanding the previous sentence, the provisions of section 1903(aa) shall apply with respect to the enhanced FMAP and the State plan under this title in the same manner as such provisions apply with respect to the Federal medical assistance percentage and the State plan under title XIX.''. (c) Effective Date.--The amendments made by this section shall apply to expenditures in calendar quarters beginning on or after October 1, 2007. TITLE III--TAX CREDIT FOR DONATED DENTAL SERVICES SEC. 301. TAX CREDIT FOR DONATION OF CERTAIN DENTAL SERVICES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 45N the following new section: ``SEC. 45O. DONATION OF CERTAIN DENTAL SERVICES. ``(a) In General.--For purposes of section 38, the qualified dental services credit determined under this subsection for any taxable year is an amount equal to 30 percent of the sum of the discounted amounts with respect to qualified dental services provided by the taxpayer during the taxable year to qualified low income individuals. ``(b) Limitation.--The credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $5,000. ``(c) Discounted Amounts.--For purposes of the this section-- ``(1) In general.--The term `discounted amount' means, with respect to any qualified dental service, the excess of-- ``(A) the usual amount charged by the taxpayer to an uninsured individual for such service, over ``(B) any amount charged or received by the taxpayer for such service. ``(2) Discount must be at least 90 percent.--Such term shall not include any amount with respect to any qualified dental service if the amount described in paragraph (1)(B) with respect to such service exceeds 10 percent of the amount described in paragraph (1)(A) with respect to such service. ``(d) Qualified Low Income Individuals.--For purposes of this section, the term `qualified low income individual' means any individual whose family income does not exceed 200 percent of the poverty line (as defined by the Office of Management and Budget). ``(e) Qualified Dental Services.--For purposes of this section, the term ``qualified dental services'' means any dental service which is necessary to prevent disease or promote oral health, restore oral structure to health and function, or to treat an emergency condition.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code 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: ``(32) the qualified dental services credit determined under section 45O(a).''. (2) The table of sections of such subpart is amended by inserting after the item relating to section 45N the following new item: ``Sec. 45O. Donation of certain dental services.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Essential Oral Health Care Act of 2007 - Amends title V (Maternal and Child Health Services) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to award grants to up to six entities to participate as pilot sites for the Community Dental Health Coordinator model developed as a new mid-level allied dental professional who will work in underserved communities where residents have no or limited access to oral health care. Requires the Secretary also to award grants to eligible entities to: (1) purchase portable or mobile dental equipment; and (2) pay for appropriate operational costs for the provision of free dental services to underserved populations. Amends SSA title XIX (Medicaid) and title XXI (State Children's Health Insurance Program (SCHIP)) to provide for an increase in the federal medical assistance percentage (FMAP) for states implementing requirements that ensure that children enrolled in the state Medicaid plan and/or SCHIP have access to oral health care services to the same extent as such services are available to the pediatric population of the state. Amends the Internal Revenue Code to allow a tax credit for the donation of qualified dental services to qualified low income individuals.

To amend titles V and XIX of the Social Security Act to improve essential oral health care for lower-income individuals under the Maternal and Child Health Program and the Medicaid Program and to amend the Internal Revenue Code of 1986 to provide a tax credit to dentists for dental services provided to low-income individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Louis L. Redding Fair, Accurate, Secure, and Timely Voting Act of 2016'' or the ``FAST Voting Act of 2016''. SEC. 2. INCENTIVES FOR STATES TO INVEST IN PRACTICES AND TECHNOLOGY THAT ARE DESIGNED TO EXPEDITE VOTING AT THE POLLS AND SIMPLIFY VOTER REGISTRATION. (a) Purposes.--The purposes of this section are to-- (1) provide incentives for States to invest in practices and technology that are designed to expedite voting at the polls; and (2) provide incentives for States to simplify voter registration. (b) Reservation of Funds.--From the amount made available to carry out this section for a fiscal year, the Attorney General may reserve not more than 10 percent of such amount to carry out activities related to-- (1) technical assistance; and (2) outreach and dissemination. (c) Program Authorized.-- (1) In general.--From the amounts made available under subsection (h) for a fiscal year and not reserved under subsection (b), the Attorney General shall award grants, on a competitive basis, to States in accordance with subsection (d)(2), to enable the States to carry out the purposes of this section. (2) Number of grants.--A State may not receive more than 1 grant under this section per grant period. (3) Duration of grants.-- (A) In general.--A grant under this section shall be awarded for a period of not more than 4 years. (B) Continuation of grants.--A State that is awarded a grant under this section shall not receive grant funds under this section for the second or any subsequent year of the grant unless the State demonstrates to the Attorney General, at such time and in such manner as determined by the Attorney General, that the State is-- (i) making progress in implementing the plan under subsection (d)(1)(C) at a rate that the Attorney General determines will result in the State fully implementing such plan during the remainder of the grant period; or (ii) making progress against the performance measures set forth in subsection (e) at a rate that the Attorney General determines will result in the State reaching its targets and achieving the objectives of the grant during the remainder of the grant period. (d) Applications.-- (1) Applications.--Each State that desires to receive 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 may reasonably require. At a minimum, each such application shall include-- (A) documentation of the applicant's record, as applicable-- (i) in providing various voter registration opportunities; (ii) in providing early voting; (iii) in providing absentee voting; (iv) in providing assistance to voters who do not speak English as a primary language; (v) in providing assistance to voters with disabilities; (vi) in providing effective access to voting for members of the armed services; (vii) in providing formal training of election officials; (viii) in auditing or otherwise documenting waiting times at polling stations; (ix) in allocating polling locations, equipment, and staff to match population distribution; (x) in responding to voting irregularities and concerns raised at polling stations; (xi) in creating and adhering to contingency voting plans in the event of a natural or other disaster; and (xii) with respect to any other performance measure described in subsection (e) that is not included in clauses (i) through (xi); (B) evidence of conditions of innovation and reform that the applicant has established and the applicant's proposed plan for implementing additional conditions for innovation and reform, including-- (i) a description of how the applicant has identified and eliminated ineffective practices in the past and the applicant's plan for doing so in the future; (ii) a description of how the applicant has identified and promoted effective practices in the past and the applicant's plan for doing so in the future; and (iii) steps the applicant has taken and will take to eliminate statutory, regulatory, procedural, or other barriers and to facilitate the full implementation of the proposed plan under this subparagraph; (C) a comprehensive and coherent plan for using funds under this section, and other Federal, State, and local funds, to improve the applicant's performance on the measures described in subsection (e), consistent with criteria set forth by the Attorney General, including how the applicant will, if applicable-- (i) provide flexible registration opportunities, including online and same-day registration and registration updating; (ii) provide early voting, at a minimum of 9 of the 10 calendar days preceding an election, at sufficient and flexible hours; (iii) provide absentee voting, including no-excuse absentee voting; (iv) provide assistance to voters who do not speak English as a primary language; (v) provide assistance to voters with disabilities, including visual impairment; (vi) provide effective access to voting for members of the armed services; (vii) provide formal training of election officials, including State and county administrators and volunteers; (viii) audit and reduce waiting times at polling stations; (ix) allocate polling locations, equipment, and staff to match population distribution; (x) respond to any reports of voting irregularities or concerns raised at the polling station; (xi) create contingency voting plans in the event of a natural or other disaster; and (xii) improve the wait times at the persistently poorest performing polling stations within the jurisdiction of the applicant; (D) evidence of collaboration between the State, local election officials, and other stakeholders, in developing the plan described in subparagraph (C), including evidence of the commitment and capacity to implement the plan; (E) the applicant's annual performance measures and targets, consistent with the requirements of subsection (e); and (F) a description of the applicant's plan to conduct a rigorous evaluation of the effectiveness of activities carried out with funds under this section. (2) Criteria for evaluating applications.-- (A) Award basis.--The Attorney General shall award grants under this section on a competitive basis, based on the quality of the applications submitted under paragraph (1), including-- (i) each applicant's record in the areas described in paragraph (1)(A); (ii) each applicant's record of, and commitment to, establishing conditions for innovation and reform, as described in paragraph (1)(B); (iii) the quality and likelihood of success of each applicant's plan described in paragraph (1)(C) in showing improvement in the areas described in paragraph (1)(A), including each applicant's capacity to implement the plan and evidence of collaboration as described in paragraph (1)(D); and (iv) each applicant's evaluation plan as described in paragraph (1)(F). (B) Explanation.--The Attorney General shall publish an explanation of how the application review process under this paragraph will ensure an equitable and objective evaluation based on the criteria described in subparagraph (A). (e) Performance Measures.--Each State receiving a grant under this section shall establish performance measures and targets, approved by the Attorney General, for the programs and activities carried out under this section. These measures shall, at a minimum, track the State's progress-- (1) in implementing its plan described in subsection (d)(1)(C); (2) in expediting voting at the polls or simplifying voter registration, as applicable; and (3) on any other measures identified by the Attorney General. (f) Uses of Funds.--Each State that receives a grant under this section shall use the grant funds for any purpose included in the State's plan under subsection (d)(1)(C). (g) Reporting.--A State that receives a grant under this section shall submit to the Attorney General, at such time and in such manner as the Attorney General may require, an annual report including-- (1) data on the State's progress in achieving the targets for the performance measures established under subsection (e); (2) a description of the challenges the State has faced in implementing its program and how it has addressed or plans to address those challenges; and (3) findings from the evaluation plan as described in subsection (d)(1)(F). (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

Louis L. Redding Fair, Accurate, Secure, and Timely Voting Act of 2016 or the FAST Voting Act of 2016 This bill directs the Department of Justice (DOJ) to award grants, on a competitive basis, to enable states to: (1) invest in practices and technology designed to expedite voting at the polls, and (2) simplify voter registration. The grant application shall include a comprehensive and coherent plan for using funds to improve the applicant's performance on specified measures with respect to: (1) flexible registration opportunities, (2) early and absentee voting, (3) assistance to non-English speaking and disabled voters, and (4) other related matters. Each grantee shall establish performance measures and targets, approved by DOJ , that track its progress in implementing its plan and expediting voting at the polls or simplifying voter registration, as applicable.

FAST Voting Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Investment Demonstration Act of 1993''. SEC. 2. SECTION 8 COMMUNITY INVESTMENT DEMONSTRATION PROGRAM. (a) Authority.--Using amounts available pursuant to section 5(c)(7)(B)(ii) of the United States Housing Act of 1937, the Secretary of Housing and Urban Development (in this section referred to as the ``Secretary'') shall carry out a demonstration program to provide project-based rental assistance under section 8 of such Act on behalf of low-income families residing in housing that is constructed, rehabilitated, or acquired pursuant to a loan or other financing from an eligible pension fund. Notwithstanding section 514(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(d)), nothing in this section shall be construed to authorize any action or failure to act that would otherwise constitute a violation of such Act with respect to an eligible pension fund. (b) Contract Terms.--Assistance provided under the demonstration under this section with respect to eligible housing-- (1) shall be project-based assistance that is attached to the eligible housing; and (2) shall be provided pursuant to a contract entered into by the Secretary and the owner of the eligible housing that-- (A) provides such assistance for a term of not less than 60 months and not more than 180 months; and (B) provides that the contract rents for dwelling units in the eligible housing shall be determined by the Secretary taking into consideration any costs for construction, rehabilitation, or acquisition of the housing, except that such contract rent may not exceed the contract rent permitted pursuant to section 8 of the United States Housing Act of 1937. (c) Eligible Housing.--The Secretary may enter into a commitment to provide assistance pursuant to this section with respect to a housing project only if-- (1) the housing is-- (A) a multifamily housing project owned by the Secretary or subject to a mortgage held by the Secretary that is delinquent, under a workout agreement, or being foreclosed upon by the Secretary; (B) designated by the Secretary under section 24(b) of the United States Housing Act of 1937 as a severely distressed public housing project; (C) a multifamily housing project eligible for assistance for troubled projects under section 201 of the Housing and Community Development Amendments of 1978; (D) a multifamily housing project located in a empowerment zone or enterprise community designated pursuant to Federal law; or (E) any other multifamily housing project, including a project to be occupied by homeless persons (as such term is defined in section 103 of the Stewart B. McKinney Homeless Assistance Act) or homeless families; (2) the Secretary determines that the owner of the housing has obtained commitments, satisfactory in the determination of the Secretary, for financing for the construction, acquisition, or rehabilitation of the housing from an eligible pension fund; (3) the mortgage for the housing meets standards regarding securitization and such additional standards regarding financing as the Secretary may establish; (4) in the case of any housing that is to be constructed, the Secretary determines that the owner of the housing has provided reasonable assurances to the Secretary that the owner will own or have control of a site for the housing (which may be a suitable site different from the site specified in the application under subsection (d)) not later than 12 months after notification of the award of assistance under this section; (5) the housing and any work done with respect to the housing will comply with any applicable environmental laws or regulations; (6) the construction, rehabilitation, or acquisition of the housing is not inconsistent with the approved comprehensive housing affordability strategy under title I of the Cranston- Gonzalez National Affordable Housing Act for the jurisdiction in which the housing is located; and (7) the housing complies with any other requirements established by the Secretary to carry out the demonstration under this section. (d) Applications.--The Secretary shall provide for the owners of eligible housing, together with the eligible pension funds providing financing for the housing, to jointly submit applications for assistance under this section. An application shall include a description of the housing to be constructed, rehabilitated, or acquired, the location of the housing (or the site for the construction of the housing), the terms of the financing by the eligible pension fund, a request for a specific amount of assistance under this section for a specific term, and such other information as the Secretary may require. (e) Selection and Determination of Assistance.-- (1) In general.--The Secretary shall select eligible housing for assistance under this section from among applications submitted pursuant to subsection (d) and, subject to the provisions of this section, shall determine the amount of assistance to be provided for selected housing that is appropriate to maintain the affordability and feasibility of the housing. (2) Limitation.--Of any amounts made available for the demonstration under this section pursuant to the amendment made by subsection (l) of this section, during the 6-month period beginning on the date that such amounts first are made available by the Secretary for assistance under this section, the Secretary may not provide (or make any commitment to provide) more than 50 percent of such amounts for assistance for eligible housing financed by any single eligible pension fund. (f) Relation to PHA Project-Based Limit.--Project-based assistance provided under this section shall not be considered for purposes of any percentage limitation under section 8(d)(2)(A) or (B) of the United States Housing Act of 1937 regarding the amount of assistance under such section that may be attached to the structure. (g) Use in Property Disposition Program.-- (1) Authority.--Notwithstanding any provision of section 203 of the Housing and Community Development Amendments of 1978, assistance provided in connection with the disposition of a multifamily housing project under such section 203 may have a contract term of less than 15 years if such assistance is provided (A) under a contract under the demonstration under this section, and (B) pursuant to a disposition plan under such section 203 for the project that is approved under such section by the Secretary as otherwise in compliance with the requirements of such section. (2) Allocation.--Of the amounts made available in each fiscal year for assistance under the demonstration under this section, a significant amount may be used in connection with the disposition under section 203 of the Housing and Community Development Amendments of 1978 of eligible housing. (h) Reports.-- (1) GAO.--The Comptroller General of the United States shall submit to the Congress reports under this paragraph evaluating the effectiveness of the demonstration under this section. Such reports shall be submitted not later than the expiration of the 2-year period beginning on the date of the enactment of this section and not later than the expiration of the 6-month period beginning upon the termination date under subsection (k). (2) Secretary.--The Secretary shall submit an annual report to the Congress for each fiscal year in which the Secretary provides assistance pursuant to contracts entered into under this section. The reports shall summarize the activities carried out under this section, describe the housing assisted and the amounts of assistance provided, and include any findings and recommendations of the Secretary as a result of the demonstration under this section. Each such report shall be submitted not later than the expiration of the 3-month period beginning upon the conclusion of the fiscal year for which the report is made. (i) Definitions.--For purposes of this section: (1) The term ``eligible housing'' means housing for which the requirements under subsection (c) have been met. (2) The term ``eligible pension fund'' means any-- (A) trust, fund, plan, or other program established or maintained by any employer or other person for the purpose of providing income or benefits to employees after the termination of employment or deferring income by employees until after the termination of employment, or (B) other entity that invests principally the amounts of any trust, fund, plan, or other program referred to in subparagraph (A), that the Secretary considers appropriate for purposes of this section. (j) Regulations.--The Secretary shall issue any final regulations necessary to carry out this section not later than the expiration of the 45-day period beginning on the date of the enactment of this section. (k) Termination Date.--The Secretary may not enter into any new commitment to provide assistance under this section after September 30, 1998. (l) Funding.--Section 5(c)(7)(B)(ii) of the United States Housing Act of 1937 (42 U.S.C. 1437c(c)(7)(B)(ii)) is amended by inserting after ``8(i)(2);'' the following: ``and of which not more than $100,000,000 shall be available for the community investment demonstration program under section 5 of the Homeless and Community Development Amendments Act of 1993;''. Passed the House of Representatives August 2, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Community Investment Demonstration Act of 1993 - Directs the Secretary of Housing and Urban Development to carry out a community investment demonstration program through FY 1998 to provide project-based rental assistance (under section 8 of the United States Housing Act of 1937) on behalf of low-income families in specified housing that is constructed, rehabilitated, or acquired pursuant to a loan or other financing from an eligible pension fund. Prohibits for the first six months any single pension fund from receiving more than half the authorized assistance. Requires the General Accounting Office to evaluate the program's effectiveness. Obligates specified funds for the program from section 8 amounts under the United States Housing Act of 1937.

Community Investment Demonstration Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Do-Not-Track Online Act of 2011''. SEC. 2. REGULATIONS RELATING TO ``DO-NOT-TRACK'' MECHANISMS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate-- (1) regulations that establish standards for the implementation of a mechanism by which an individual can simply and easily indicate whether the individual prefers to have personal information collected by providers of online services, including by providers of mobile applications and services; and (2) rules that prohibit, except as provided in subsection (b), such providers from collecting personal information on individuals who have expressed, via a mechanism that meets the standards promulgated under paragraph (1), a preference not to have such information collected. (b) Exception.--The rules promulgated under paragraph (2) of subsection (a) shall allow for the collection and use of personal information on an individual described in such paragraph, notwithstanding the expressed preference of the individual via a mechanism that meets the standards promulgated under paragraph (1) of such subsection, to the extent-- (1) necessary to provide a service requested by the individual, including with respect to such service, basic functionality and effectiveness, so long as such information is anonymized or deleted upon the provision of such service; or (2) the individual-- (A) receives clear, conspicuous, and accurate notice on the collection and use of such information; and (B) affirmatively consents to such collection and use. (c) Factors.--In promulgating standards and rules under subsection (a), the Federal Trade Commission shall consider and take into account the following: (1) The appropriate scope of such standards and rules, including the conduct to which such rules shall apply and the persons required to comply with such rules. (2) The technical feasibility and costs of-- (A) implementing mechanisms that would meet such standards; and (B) complying with such rules. (3) Mechanisms that-- (A) have been developed or used before the date of the enactment of this Act; and (B) are for individuals to indicate simply and easily whether the individuals prefer to have personal information collected by providers of online services, including by providers of mobile applications and services. (4) How mechanisms that meet such standards should be publicized and offered to individuals. (5) Whether and how information can be collected and used on an anonymous basis so that the information-- (A) cannot be reasonably linked or identified with a person or device, both on its own and in combination with other information; and (B) does not qualify as personal information subject to the rules promulgated under subsection (a)(2). (6) The standards under which personal information may be collected and used, subject to the anonymization or deletion requirements of subsection (b)(1)-- (A) to fulfill the basic functionality and effectiveness of an online service, including a mobile application or service; (B) to provide the content or services requested by individuals who have otherwise expressed, via a mechanism that meets the standards promulgated under subsection (a)(1), a preference not to have personal information collected; and (C) for such other purposes as the Commission determines substantially facilitates the functionality and effectiveness of the online service, or mobile application or service, in a manner that does not undermine an individual's preference, expressed via such mechanism, not to collect such information. (d) Rulemaking.--The Federal Trade Commission shall promulgate the standards and rules required by subsection (a) in accordance with section 553 of title 5, United States Code. SEC. 3. ENFORCEMENT OF ``DO-NOT-TRACK'' MECHANISMS. (a) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of a rule promulgated under section 2(a)(2) shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), the Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities.--Except as provided in subparagraph (C), any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Nonprofit organizations.--The Federal Trade Commission shall enforce this Act with respect to an organization that is not organized to carry on business for its own profit or that of its members as if such organization were a person over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)). (b) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to a rule promulgated under section 2(a)(2) in a practice that violates the rule, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of such rule by such person; (B) to compel compliance with such rule; (C) to obtain damages, restitution, or other compensation on behalf of such residents; (D) to obtain such other relief as the court considers appropriate; or (E) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties.-- (A) Calculation.--Subject to subparagraph (B), for purposes of imposing a civil penalty under paragraph (1)(E) with respect to a person that violates a rule promulgated under section 2(a)(2), the amount determined under this paragraph is the amount calculated by multiplying the number of days that the person is not in compliance with the rule by an amount not greater than $16,000. (B) Maximum total liability.--The total amount of civil penalties that may be imposed with respect to a person that violates a rule promulgated under section 2(a)(2) shall not exceed $15,000,000 for all civil actions brought against such person under paragraph (1) for such violation. (C) Adjustment for inflation.--Beginning on the date on which the Bureau of Labor Statistics first publishes the Consumer Price Index after the date that is 1 year after the date of the enactment of this Act, and annually thereafter, the amounts specified in subparagraphs (A) and (B) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Federal Trade Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (4) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by federal trade commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of a rule promulgated under section 2(a)(2), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (6) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (7) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. SEC. 4. BIENNIAL REVIEW AND ASSESSMENT. Not later than 2 years after the effective date of the regulations initially promulgated under section 2, the Federal Trade Commission shall-- (1) review the implementation of this Act; (2) assess the effectiveness of such regulations, including how such regulations define or interpret the term ``personal information'' as such term is used in section 2; (3) assess the effect of such regulations on online commerce; and (4) submit to Congress a report on the results of the review and assessments required by this section.

Do-Not-Track Online Act of 2011 - Requires the Federal Trade Commission (FTC) to promulgate: (1) regulations that establish standards for the implementation of a mechanism by which an individual can indicate whether he or she prefers to have personal information collected by providers of online services, including by providers of mobile applications and services; and (2) rules that prohibit such providers from collecting personal information on individuals who have expressed a preference not to have such information collected. Requires such rules to allow for the collection and use of personal information if: (1) the information is necessary to provide a service requested by the individual so long as identifying particulars are removed or the information is deleted upon the provision of such service; or (2) the individual receives clear, conspicuous, and accurate notice on, and consents to, such collection and use. Provides for FTC and state enforcement of such rules and regulations.

A bill to require the Federal Trade Commission to prescribe regulations regarding the collection and use of personal information obtained by tracking the online activity of an individual, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Financial Privacy Protection Act of 1998''. SEC. 2. CONSUMER FINANCIAL PRIVACY. The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following new title: ``TITLE X--CONSUMER FINANCIAL PRIVACY ``CHAPTER 1--GENERAL PROVISIONS ``SEC. 1001. SHORT TITLE. ``This chapter may be cited as the `Financial Institution Privacy Protection Act'. ``SEC. 1002. DEFINITIONS. ``For purposes of this title, the following definitions shall apply: ``(1) Customer.--The term `customer' has the meaning given to such term in section 1101(5) of the Right to Financial Privacy Act of 1978. ``(2) Customers' financial information.--The term `customers' financial information' means any information maintained by a financial institution which is derived from the relationship between the financial institution and a customer of the financial institution and is identifiable to the customer, including account numbers, account balances and other account data, transactional information concerning any account, and codes, passwords, and other means of access to accounts or means to initiate transactions. ``(3) Document.--The term `document' means any information in any form.-- ``(4) Financial institution.-- ``(A) In general.--The term `financial institution' means any institution engaged in the business of providing financial services to customers who maintain a credit, deposit, trust, or other financial account or relationship with the institution. ``(B) Certain financial institutions specifically included.--The term `financial institution' includes any depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act), any broker or dealer in investment securities, any insurance company, any loan or finance company, any investment adviser or investment company, any credit card issuer or operator of a credit card system, and any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis (as defined in section 603(p)). ``(C) Further definition by regulation.--The Federal Trade Commission may prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this title. ``(5) Financial regulatory agency.--The term `financial regulatory agency' means any Federal banking agency (as defined in section 3(z) of the Federal Deposit Insurance Act, the National Credit Union Administration Board, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Secretary of the Treasury, and the Federal Trade Commission. ``(6) Personal information.--The term `personal information' means any information which is not financial information and is personal to or identifiable with any individual or other person, including any current or former name of the person, any current or former address, telephone number, and e-mail address (including any information relating to any change of name, address, or telephone number) of the person or any member of the person's family (including any ancestor of such person), any Social Security or tax identification number of the person or any member of such person's family, the date of birth of the person or any member of the person's family, and other information which could be used to identify the person. ``(7) Record.--The term `record' means any customer personal or financial information or any document, file, film, electronic file, or other instrument used to collect, aggregate, store, identify, or disseminate personal or financial information. ``SEC. 1003. PROTECTION OF FINANCIAL INFORMATION. ``(a) In General.--Financial institutions have an affirmative and continuing obligation to respect the privacy of their customers and to protect the security and confidentiality of customers' financial and personal information. ``(b) Financial Institution Safeguards.--Pursuant to subsection (a), financial institutions shall establish appropriate administrative, technical and physical safeguards to insure the security and confidentiality of financial and personal records and to protect against any anticipated threats or hazards to the security or integrity of such records which could result in substantial harm, embarrassment, inconvenience, or unfairness to any customer or other persons on whom such information is maintained. ``(c) Information Collection and Disclosure.-- ``(1) Collection of only essential customer information.--A financial institution shall collect personal and financial information about a customer only to the extent necessary to facilitate customer-initiated transactions and to administer an ongoing business relationship with the customer, provided that the financial institution reasonably believes that such information will be protected against any disclosure or use that may harm, embarrass, or inconvenience the customer. ``(2) Prohibition on disclosures.--A financial institution shall not disclose or provide customer financial or personal information to a third party for their independent use, except to the extent that disclosure of such information-- ``(A) is necessary to complete a customer-initiated transaction; ``(B) is requested by the customer and reasonable steps are taken to verify the identity of the customer pursuant to section 1004; ``(C) is required by law by a public agency or court as part of an investigation, subpoena, judgment, or other legal or public proceeding; or ``(D) is disclosed to the customer, with separate and explicit notice identifying the purpose for such disclosure, the customer's right to deny disclosure of such information and the procedures for making such denial, as provided in regulation under section 1004(a)(5). ``SEC. 1004. REGULATIONS. ``(a) Regulations Required.--The financial regulatory agencies shall prescribe uniform regulations to carry out the purposes of this chapter. ``(b) Safeguards.--Regulations prescribed under this section shall require each financial institution (which is subject to such regulation) to establish appropriate safeguards to insure the security and confidentiality of customer records, including policies and procedures to-- ``(1) assure that customer records are current and accurate and provide for prompt correction of any record or information in response to a customer's inquiry where such customer has reason to believe that the information is incomplete or inaccurate. ``(2) limit employee access to financial records and personally identifiable information and to train employees on how to maintain the security and confidentiality of such records and information; (3) maintain appropriate security standards and procedures to prevent unauthorized access to consumer identifiers and information, which shall include appropriate procedures for customer identification and verification, including use of customer passwords other than information readily available in the public domain, biometric identifiers, and other technical or electronic security measures; ``(4) require that third parties that receive customer information also agree to maintain the confidentiality of customer information; and ``(5) provide appropriate disclosure to customers regarding the financial institution's privacy policies and customer privacy rights, which shall include clear and conspicuous disclosure of the following information-- ``(A) the type of information to be disclosed to third parties and the purposes for such disclosure; ``(B) the option and procedure available to the customer to prevent such disclosure of information; and ``(C) the procedures for filing a complaint regarding the use of any confidential information disclosed to a third party by the financial institution, including the appropriate telephone numbers for filing a complaint with the financial institution and with Federal and State regulatory agencies. ``(c) Model Forms and Disclosures.--The financial regulatory agencies shall provide model disclosure statements and clauses, as appropriate, to facilitate compliance with the disclosure requirements of section 1003(c)(2)(D). A financial institution that properly uses the material aspects of the model disclosures shall be deemed to be in compliance with the requirement for disclosure under this section. ``(d) Effective Dates.--A regulation prescribed under this section shall not take effect before the end of the 6-month period beginning on the date the regulation is published in final form in the Federal Register. A financial regulatory agency may lengthen this period where, in its determination, additional time is necessary to permit appropriate implementation of security measures by financial institutions. ``SEC. 1005. ADMINISTRATIVE ENFORCEMENT. ``(a) Enforcement by Federal Trade Commission.-- ``(1) In general.--Except as provided in subsection (b), compliance with this title shall be enforced under the Federal Trade Commission Act by the Federal Trade Commission. ``(2) Violations of this title treated as violations of federal trade commission act.-- ``(A) In general.--For the purpose of the exercise by the Federal Trade Commission of the Commission's functions and powers under the Federal Trade Commission Act, any violation of any requirement or prohibition imposed under this title with respect to information brokers shall constitute an unfair or deceptive act or practice in commerce in violation of section 5(a) of the Federal Trade Commission Act. ``(B) Enforcement authority under other law.--All functions and powers of the Federal Trade Commission under the Federal Trade Commission Act shall be available to the Commission to enforce compliance with this title by any person subject to enforcement by the Federal Trade Commission pursuant to this subsection, including the power to enforce the provisions of this title in the same manner as if the violation had been a violation of any Federal Trade Commission trade regulation rule, without regard to whether the person-- ``(i) is engaged in commerce; or ``(ii) meets any other jurisdictional tests in the Federal Trade Commission Act. ``(C) Civil penalties.--Any person violating any of the provisions of this title (other than a person subject to enforcement in accordance with subsection (b)) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though the applicable terms and provisions thereof were part of this title. ``(b) Enforcement By Other Agencies in Certain Cases.-- ``(1) In general.--Compliance with this title shall be enforced under-- ``(A) section 8 of the Federal Deposit Insurance Act, in the case of-- ``(i) national banks, and Federal branches and Federal agencies of foreign banks, by the Comptroller of the Currency; ``(ii) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act, by the Board of Governors of the Federal Reserve System; ``(iii) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; ``(iv) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, by the Director of the Office of Thrift Supervision; ``(B) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any Federal credit union; ``(C) the Farm Credit Act of 1971, by the Farm Credit Administration with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association ``(D) the securities laws (as defined in section 3(a)(47) of the Securities Exchange Act of 1934) by the Securities and Exchange Commission with respect to any person subject to the securities laws; and ``(E) the Commodity Exchange Act, by the Commodity Futures Trading Commission with respect to any person subject to such Act. ``SEC. 1006. CIVIL LIABILITY. ``If any person knowingly fails to comply with any requirement of this chapter or any regulation issued under this chapter and a customer of a financial institution sustains substantial financial injury and inconvenience as a result of the disclosure of confidential information, such person shall be liable to the customer in an amount equal to the sum of-- ``(1) the greater of-- ``(A) any actual damages sustained by the customer as a result of the failure; or ``(B) $500; ``(2) such amount of additional damages as the court may allow; and ``(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. ``SEC. 1007. WAIVER OF RIGHTS. ``(a) Waiver of Rights, Remedies, Requirements, and Obligations Prohibited.--No writing or other agreement between a financial institution and any customer may contain any provision which constitutes a waiver of any requirement or obligation under this chapter nor a waiver of any right or cause of action created by this chapter. ``(b) Rule of Construction.--Subsection (a) shall not be construed as prohibiting any writing or other agreement between a financial institution and a customer which grants to a consumer a more extensive right or remedy or greater protection than that contained in or required under this chapter. ``SEC. 1008. RELATION TO STATE LAW. ``(a) In General.--This chapter shall not be construed as annulling, altering, or affecting the laws of any State with respect to financial privacy practices, or exempting any person subject to the provisions of this title from complying with such State laws, except to the extent that those laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency. ``(b) Greater Protection Under State Law.--For purposes of this section, a State law is not inconsistent with this title if the protection such law affords any consumer is greater than the protection provided by this chapter.''.

Consumer Financial Privacy Protection Act of 1998 - Amends the Consumer Credit Protection Act to add a new title entitled the Financial Institution Privacy Protection Act. Declares that financial institutions have an affirmative and continuing obligation to respect the privacy of their customers and to protect the security and confidentiality of customers' financial and personal information. Sets forth a statutory framework within which financial institutions shall establish administrative, technical, and physical safeguards to insure the security and confidentiality of financial and personal records and to protect against anticipated threats or hazards to the security or integrity of such records. Requires the Federal Trade Commission and, for specified cases, the financial regulatory agencies to enforce this Act. Subjects financial institutions to civil liability for harm sustained by a customer as a result of noncompliance with this Act.

Consumer Financial Privacy Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gray Market Drug Reform and Transparency Act of 2012''. SEC. 2. PROHIBITION AGAINST WHOLESALE DISTRIBUTORS PURCHASING PRESCRIPTION DRUGS FROM PHARMACIES. (a) Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(aaa) The purchase or receipt by any person required to report under section 510(b)(3) (relating to wholesale distributors of prescription drugs) of any drug subject to section 503(b)(1) from a pharmacy or pharmacist, except that this paragraph does not apply to the return of a drug to the wholesale distributor from which the particular drug was purchased.''. (b) Misbranding.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the following: ``(aa) If it is purchased or received in violation of section 301(aaa) (prohibiting the purchase or receipt of prescription drugs by wholesale distributors from pharmacists).''. SEC. 3. REPORTING BY WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS. (a) Reporting Requirement.-- (1) In general.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended-- (A) in subsection (b), by adding at the end the following: ``(3) On or before December 31 of each year, every person engaged in the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1) shall report to the Secretary such person's name, contact information for such person's principal officer (or the designee thereof), such person's places of business, such person's licensing information (including the type of license and expiration date) for each State in which such person is so engaged, and such other information as the Secretary deems appropriate.''; (B) in subsection (c), by adding at the end: ``Every person upon first engaging in the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1) shall immediately report to the Secretary the information described in subsection (b)(3).''; and (C) in subsection (d), by adding at the end the following: ``Every person duly reporting in accordance with the foregoing subsections shall immediately report to the Secretary with respect to any additional establishment which the person owns or operates in any State and in which the person begins the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1).''. (2) Reporting number.--Subsection (e) of section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended-- (A) by striking ``registration number'' and inserting ``registration or reporting number''; and (B) by inserting ``or reporting in accordance with subsections (b)(3), (c), or (d)'' after ``registered in accordance with this section''. (3) Public availability; database.--Subsection (f) of section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended-- (A) by striking ``(f)'' and inserting ``(f)(1)''; and (B) by adding at the end the following: ``(2)(A) The Secretary, acting directly or by entering into a contract with a private entity, shall establish and maintain a database including all information reported under subsection (b)(3), the second sentence of subsection (c), and the second sentence of subsection (d). ``(B) Subject to subparagraph (C), the Secretary shall make the information in such database publicly available, including on the public Website of the Food and Drug Administration. ``(C) The Secretary may choose to restrict the Secretary's disclosure of any information reported under subsection (b)(3), (c), or (d)-- ``(i) that relates to a storage facility; and ``(ii) whose disclosure would, as determined by the Secretary, compromise the security of such facility.''. (4) Conforming amendments.-- (A) Section 301(p) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(p)) is amended by inserting ``the failure to report in accordance with subsection (b)(3), (c), or (d) of section 510,'' after ``The failure to register in accordance with section 510 or 905,''. (B) Section 502(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(o)) is amended by inserting ``if it was distributed in interstate commerce by a person in violation of the reporting requirements of subsection (b)(3), (c), or (d) of section 510,'' before ``if it was not included''. (C) Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended-- (i) in subsection (g)-- (I) in paragraph (3), by adding ``or'' at the end; (II) by striking paragraph (4); (III) by redesignating paragraph (5) as paragraph (4); (IV) in paragraph (4) (as so redesignated), by inserting ``or reporting, as applicable,''; and (V) by striking the matter following paragraph (4) (as so redesignated); (ii) in subsection (h), by adding at the end the following: ``Every establishment in any State used by a person required to report under subsection (b)(3), (c), or (d) for the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1) shall be subject to inspection pursuant to section 704.''; and (iii) in subsection (j), by adding at the end the following: ``(4) The provisions of this subsection shall apply with respect to a person required to report under subsection (b)(3), (c), or (d) for the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1) to the same extent and in the same manner as such provisions apply to persons required to register under subsection (b), (c), (d), or (i), except that-- ``(A) any reference to manufacturing shall be treated as a reference to wholesale distribution; and ``(B) any reference to a drug shall be treated as a reference to a drug subject to section 503(b)(1).''; and (D) in subsection (p), by inserting ``and reports under subsection (b)(3), (c), and (d)'' before ``shall be submitted''. (b) Information on State Actions Against Wholesale Distributors of Prescription Drugs.--Paragraph (2) of section 510(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(f)), as added by subsection (a)(3)(B) of this section, is amended-- (1) in subparagraph (A), by adding at the end of the subparagraph the following: ``Such database shall also include information on actions (such as suspension or revocation of licensing) taken by States against persons engaged in wholesale distribution of drugs subject to section 503(b)(1).''; and (2) by adding at the end the following: ``(D) The Secretary shall encourage States to report the type of information described in the second sentence of subparagraph (A) to the Food and Drug Administration-- ``(i) in a consistent manner; and ``(ii) on a voluntary basis.''. (c) Fees for Reporting.--Subchapter C of chapter VII (21 U.S.C. 379f et seq.) is amended by adding at the end the following: ``PART 7--FEES RELATING TO WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS ``SEC. 744. AUTHORITY TO ASSESS AND COLLECT FEES. ``(a) In General.--For fiscal year 2013 and each subsequent fiscal year, the Secretary shall assess and collect fees under this section from each person that reports under section 510(b)(3) to engage in the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1). ``(b) Establishment of Amount.-- ``(1) In general.--Not later than 1 year after the date of the enactment of the Gray Market Drug Reform and Transparency Act of 2012, the Secretary shall promulgate a final regulation establishing the amount of fees under this section for the period of fiscal years 2013 through 2017 so as to generate a total revenue amount not exceeding the Secretary's estimate of 100 percent of the costs described in subsection (c) during such period. ``(2) Consideration.--In establishing the amount of fees under this section, the Secretary shall take into consideration the amount of annual revenues of a person to be assessed such fees in comparison with the amount of annual revenues of other persons to be assessed such fees. ``(c) Costs To Be Funded Through Fees.--The fees authorized by this section shall only be collected and available to pay the costs incurred by the Food and Drug Administration in-- ``(1) implementing the reporting requirement under section 510(b)(3); and ``(2) establishing and maintaining an up-to-date database of the information collected pursuant to such requirement. ``(d) Crediting and Availability Fees.--Fees authorized under subsection (a) shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriation Acts. Such fees are authorized to remain available until expended. Such sums as may be necessary may be transferred from the Food and Drug Administration salaries and expenses appropriation account without fiscal year limitation to such appropriation account for salaries and expenses with such fiscal year limitation. The sums transferred shall be available solely for the costs described in subsection (c). ``(e) Authorization of Appropriations.--For each of the fiscal years 2013 through 2017, there is authorized to be appropriated for fees under this section an amount equal to the total revenue amount determined under subsection (b) for the fiscal year. ``(f) Offset.--If the sum of the cumulative amount of fees collected under this section for the fiscal years 2013 through 2015 and the amount of fees estimated to be collected under this section for fiscal year 2016 exceeds the cumulative amount appropriated pursuant to subsection (e) for the fiscal years 2013 through 2016, the excess shall be credited to the appropriation account of the Food and Drug Administration as provided in subsection (d), and shall be subtracted from the amount of fees that would otherwise be authorized to be collected under this section pursuant to appropriation Acts for fiscal year 2017.''. SEC. 4. IDENTIFICATION OF SALES PRICE FOR DRUGS IN SHORTAGE. (a) Identification of Sales Price for Drugs in Shortage.--Paragraph (1) of section 503(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(e)) is amended-- (1) in subparagraph (A), by inserting before the period at the end the following: ``, the amount paid for such drug by the person receiving it if such drug is in shortage at the time of the sale, and the amount paid for such drug for any prior sale that occurred at a time when such drug was in shortage''; and (2) by adding at the end the following new subparagraph: ``(C) In this paragraph, the term `in shortage' means listed on the public Website of the Food and Drug Administration, at the time of the sale to be identified in the statement required by subparagraph (A), as being in shortage.''. (b) Applicability.--The amendment made by subsection (a) applies only with respect to sales of a drug occurring on or after the date that is 1 year after the date of the enactment of this Act.

Gray Market Drug Reform and Transparency Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) make it a prohibited act and a misbranding for a wholesale distributor of prescription drugs to purchase or receive a prescription drug from a pharmacy or a pharmacist, (2) require annual reporting by wholesale distributors of prescription drugs, (3) require the Secretary of Health and Human Services (HHS) to establish and maintain a national database of information reported by wholesale distributors of prescription drugs and to require such database to include information on actions taken by states against wholesale distributors (e.g., disciplinary actions and license revocations), (4) require the Secretary to assess and collect fees from wholesale distributors of prescription drugs, and (5) require wholesale distributors of prescription drugs to provide to recipients of a prescription drug in shortage the sales price for such drug at the time of its sale and at the time of any prior sale of such drug when it was in shortage.

To prohibit wholesalers from purchasing prescription drugs from pharmacies, and to enhance information and transparency regarding drug wholesalers engaged in interstate commerce.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Weekend Voting Act''. SEC. 2. CHANGE IN CONGRESSIONAL ELECTION DAY TO SATURDAY AND SUNDAY. Section 25 of the Revised Statutes of the United States (2 U.S.C. 7) is amended to read as follows: ``Sec. 25. The first Saturday and Sunday after the first Friday in November, in every even numbered year, are established as the days for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January thereafter.''. SEC. 3. CHANGE IN PRESIDENTIAL ELECTION DAY TO SATURDAY AND SUNDAY. Section 1 of title 3, United States Code, is amended by striking ``Tuesday next after the first Monday'' and inserting ``first Saturday and Sunday after the first Friday''. SEC. 4. POLLING PLACE HOURS. (a) In General.-- (1) Presidential general election.--Chapter 1 of title 3, United States Code, is amended-- (A) by redesignating section 1 as section 1A; and (B) by inserting before section 1A the following: ``Sec. 1. Polling place hours ``(a) Definitions.--In this section: ``(1) Continental united states.--The term `continental United States' means a State (other than Alaska and Hawaii) and the District of Columbia. ``(2) Presidential general election.--The term `Presidential general election' means the election for electors of President and Vice President. ``(b) Polling Place Hours.-- ``(1) Polling places in the continental united states.-- Each polling place in the continental United States shall be open, with respect to a Presidential general election, beginning on Saturday at 10:00 a.m. eastern standard time and ending on Sunday at 6:00 p.m. eastern standard time. ``(2) Polling places outside the continental united states.--Each polling place not located in the continental United States shall be open, with respect to a Presidential general election, beginning on Saturday at 10:00 a.m. local time and ending on Sunday at 6:00 p.m. local time. ``(3) Early closing.--A polling place may close between the hours of 10:00 p.m. local time on Saturday and 6:00 a.m. local time on Sunday as provided by the law of the State in which the polling place is located.''. (2) Congressional general election.--Section 25 of the Revised Statutes of the United States (2 U.S.C. 7) is amended-- (A) by redesignating section 25 as section 25A; and (B) by inserting before section 25A the following: ``SEC. 25. POLLING PLACE HOURS. ``(a) Definitions.--In this section: ``(1) Continental united states.--The term `continental United States' means a State (other than Alaska and Hawaii) and the District of Columbia. ``(2) Congressional general election.--The term `congressional general election' means the regularly scheduled general election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. ``(b) Polling Place Hours.-- ``(1) Polling places inside the continental united states.--Each polling place in the continental United States shall be open, with respect to a congressional general election, beginning on Saturday at 10:00 a.m. eastern standard time and ending on Sunday at 6:00 p.m. eastern standard time. ``(2) Polling places outside the continental united states.--Each polling place not located in the continental United States shall be open, with respect to a congressional general election, beginning on Saturday at 10:00 a.m. local time and ending on Sunday at 6:00 p.m. local time. ``(3) Early closing.--A polling place may close between the hours of 10:00 p.m. local time on Saturday and 6:00 a.m. local time on Sunday as provided by the law of the State in which the polling place is located.''. (b) Conforming Amendments.-- (1) The table of sections for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 1 and inserting the following: ``1. Polling place hours. ``1A. Time of appointing electors.''. (2) Sections 871(b) and 1751(f) of title 18, United States Code, are each amended by striking ``title 3, United States Code, sections 1 and 2'' and inserting ``sections 1A and 2 of title 3''. SEC. 5. SENSE OF CONGRESS REGARDING TRANSITION TO WEEKEND VOTING. It is the sense of Congress that State and local election officials and the Election Assistance Commission should work together to develop plans to ensure an effective transition to weekend voting in elections for Federal office, as provided under the amendments made by this Act.

Weekend Voting Act - Amends the Revised Statutes with respect to the time of election to establish the first Saturday and Sunday after the first Friday in November, in every even numbered year, as the days for the election, in each state and territory, of Delegates to, or Members of, Congress. Amends federal law with respect to presidential elections and vacancies to establish the first Saturday and Sunday after the first Friday in November, in every fourth year, as the days for the election of the President and Vice President of the United States. Amends such federal laws to establish the same polling place hours in the United States for both congressional and presidential elections, namely from 10:00 a.m. EST on Saturday till 6:00 p.m. EST on Sunday, with polls allowed to close between the hours of 10:00 p.m. local time on Saturday and 6:00 a.m. local time on Sunday as provided by the law of the state in which the polling place is located. Declares the sense of Congress that state and local election officials and the Election Assistance Commission (EAC) should work together to develop plans to ensure an effective transition to weekend voting in federal elections.

To change the date for regularly scheduled Federal elections and establish polling place hours.

SECTION 1. POST OFFICE DESIGNATIONS. (a) Special Warfare Operator Master Chief Petty Officer (SEAL) Louis ``Lou'' J. Langlais Post Office Building.-- (1) Designation.--The facility of the United States Postal Service located at 1221 State Street, Suite 12, Santa Barbara, California, shall be known and designated as the ``Special Warfare Operator Master Chief Petty Officer (SEAL) Louis `Lou' J. Langlais Post Office Building''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Special Warfare Operator Master Chief Petty Officer (SEAL) Louis `Lou' J. Langlais Post Office Building''. (b) Richard Allen Cable Post Office.-- (1) Designation.--The facility of the United States Postal Service located at 23323 Shelby Road in Shelby, Indiana, shall be known and designated as the ``Richard Allen Cable Post Office''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Richard Allen Cable Post Office''. (c) Leonard Montalto Post Office Building.-- (1) Designation.--The facility of the United States Postal Service located at 3031 Veterans Road West in Staten Island, New York, shall be known and designated as the ``Leonard Montalto Post Office Building''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Leonard Montalto Post Office Building''. (d) Army First Lieutenant Donald C. Carwile Post Office Building.-- (1) Designation.--The facility of the United States Postal Service located at 401 McElroy Drive in Oxford, Mississippi, shall be known and designated as the ``Army First Lieutenant Donald C. Carwile Post Office Building''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Army First Lieutenant Donald C. Carwile Post Office Building''. (e) E. Marie Youngblood Post Office.-- (1) Designation.--The facility of the United States Postal Service located at 14231 TX-150 in Coldspring, Texas, shall be known and designated as the ``E. Marie Youngblood Post Office''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``E. Marie Youngblood Post Office''. (f) Zapata Veterans Post Office.-- (1) Designation.--The facility of the United States Postal Service located at 810 N. U.S. Highway 83 in Zapata, Texas, shall be known and designated as the ``Zapata Veterans Post Office''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Zapata Veterans Post Office''. (g) Marine Lance Corporal Squire ``Skip'' Wells Post Office Building.-- (1) Designation.--The facility of the United States Postal Service located at 2886 Sandy Plains Road in Marietta, Georgia, shall be known and designated as the ``Marine Lance Corporal Squire `Skip' Wells Post Office Building''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Marine Lance Corporal Squire `Skip' Wells Post Office Building''. (h) Officer Joseph P. Cali Post Office Building.-- (1) Designation.--The facility of the United States Postal Service located at 6300 N. Northwest Highway in Chicago, Illinois, shall be known and designated as the ``Officer Joseph P. Cali Post Office Building''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Officer Joseph P. Cali Post Office Building''. (i) Segundo T. Sablan and CNMI Fallen Military Heroes Post Office Building.-- (1) Designation.--The facility of the United States Postal Service located at 1 Chalan Kanoa VLG in Saipan, Northern Mariana Islands, shall be known and designated as the ``Segundo T. Sablan and CNMI Fallen Military Heroes Post Office Building''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Segundo T. Sablan and CNMI Fallen Military Heroes Post Office Building''. (j) Abner J. Mikva Post Office Building.-- (1) Designation.--The facility of the United States Postal Service located at 1101 Davis Street in Evanston, Illinois, shall be known and designated as the ``Abner J. Mikva Post Office Building''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Abner J. Mikva Post Office Building''. SEC. 2. ESTABLISHING NEW ZIP CODES. Not later than September 30, 2017, the United States Postal Service shall designate a single, unique ZIP code for, as nearly as practicable, each of the following communities: (1) Miami Lakes, Florida. (2) Storey County, Nevada. (3) Flanders, Northampton, and Riverside in the Town of Southampton, New York. (4) Ocoee, Florida. (5) Glendale, New York. Passed the House of Representatives November 30, 2016. Attest: KAREN L. HAAS, Clerk.

This bill designates: the United States Postal Service (USPS) facility located at 1221 State Street, Suite 12, Santa Barbara, California, as the "Special Warfare Operator Master Chief Petty Officer (SEAL) Louis 'Lou' J. Langlais Post Office Building"; the facility located at 23323 Shelby Road, Shelby, Indiana, as the "Richard Allen Cable Post Office"; the facility located at 3031 Veterans Road West, Staten Island, New York, as the "Leonard Montalto Post Office Building"; the facility located at 401 McElroy Drive, Oxford, Mississippi, as the "Army First Lieutenant Donald C. Carwile Post Office Building"; the facility located at 14231 TX-150, Coldspring, Texas, as the "E. Marie Youngblood Post Office"; the facility located at 810 N. U.S. Highway 83, Zapata, Texas, as the "Zapata Veterans Post Office"; the facility located at 2886 Sandy Plains Road, Marietta, Georgia, as the "Marine Lance Corporal Squire 'Skip' Wells Post Office Building"; the facility located at 6300 N. Northwest Highway, Chicago, Illinois, as the "Officer Joseph P. Cali Post Office Building; the facility located at 1 Chalan Kanoa VLG, Saipan, Northern Mariana Islands, as the "Segundo T. Sablan and CNMI Fallen Military Heroes Post Office Building"; and the facility located at 1101 Davis Street, Evanstan, Illinois, as the "Abner J. Mikva Post Office Building." The USPS must designate, by September 30, 2017, a single, unique ZIP code for each of: Miami Lakes, Florida; Storey County, Nevada; Flanders, Northampton, and Riverside in Southampton, New York; Ocoee, Florida; and Glendale, New York.

To designate facilities of the United States Postal Service, to establish new ZIP Codes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Nuclear Assistance to State Sponsors of Terrorism Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The International Atomic Energy Agency (IAEA) was established in 1957 with the objectives of seeking to ``accelerate and enlarge the contribution of atomic energy to peace, health and prosperity throughout the world'' and to ``ensure . . . that assistance provided by it or at its request or under its supervision or control is not used in such a way as to further any military purpose.''. (2) The United States, via assessed contributions, is the largest financial contributor to the regular budget of the IAEA. (3) In 1959, the IAEA established what is now called the Technical Cooperation Program, financed primarily through voluntary contributions by member states to the Technical Cooperation Fund, to provide nuclear technical cooperation (TC) for peaceful purposes to countries worldwide. (4) The United States is the largest financial contributor to the IAEA's Technical Cooperation Fund. (5) A March 2009 report by the Government Accountability Office (GAO) found that ``neither [the Department of State] nor IAEA seeks to systematically limit TC assistance to countries the United States has designated as state sponsors of terrorism--Cuba, Iran, Sudan, and Syria--even though under U.S. law these countries are subject to sanctions.''. (6) The GAO report also found that ``Together, [Cuba, Iran, Sudan, and Syria] received more than $55 million in TC assistance from 1997 through 2007.''. These four countries received over $4,400,000 in TC assistance in 2008. (7) The GAO report also found that ``proliferation concerns about the [Technical Cooperation Program] have persisted because of the assistance it has provided to certain countries and because nuclear equipment, technology, and expertise can be dual-use--capable of serving peaceful purposes . . . but also useful in contributing to nuclear weapons development.''. (8) The GAO report also found that ``[The State Department] reported in 2007 that three TC projects in [Iran] were directly related to the Iranian nuclear power plant at Bushehr.''. (9) The GAO report also found that ``The proliferation concerns associated with the [Technical Cooperation Program] are difficult for the United States to fully identify, assess, and resolve . . . [because] there is no formal mechanism for obtaining TC project information during the proposal development phase . . . [l]imited [Department of] State documentation on how proliferation concerns of TC proposals were resolved . . . [and s]hortcomings in U.S. policies and IAEA procedures [including monitoring proliferation risks] related to TC program fellowships.''. (10) The GAO report noted that ``IAEA officials told us that the [Technical Cooperation Program] does not attempt to exclude countries on the basis of their status as U.S.- designated state sponsors of terrorism or other political considerations'' and that, according to the Deputy Director General for the Technical Cooperation Program, ``there are no good countries and there are no bad countries'' with respect to provision of technical cooperation by the IAEA. (11) The GAO report also found that ``given the limited information available on TC projects and the dual-use nature of some nuclear technologies and expertise, we do not believe [the State Department] can assert with complete confidence that TC assistance has not advanced [weapons of mass destruction] programs in U.S.-designated state sponsors of terrorism''. (12) The GAO report also found that ``we do not share [the State Department's confidence in IAEA's internal safeguards to prevent TC projects from contributing to weapons development . . . ]''. (13) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) prohibited any of the funds authorized to be appropriated for ``International Organizations and Programs'' from being made available for the United States proportionate share for programs for Libya, Iran, Cuba, or the Palestine Liberation Organization, inter alia. (14) The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (Public Law 105-118) prohibited any of the funds made available by such Act for the IAEA from being made available for programs and projects of the IAEA in Cuba. (15) The Foreign Affairs Reform and Restructuring Act of 1998 (Public Law 105-277) required the United States to withhold a proportionate share of funding to the IAEA for projects in Cuba regarding the Juragua Nuclear Power Plant and the Pedro Pi Nuclear Research Center. (16) The GAO report asked Congress ``to consider directing [the State Department] to withhold a share of future annual contributions to the [Technical Cooperation Fund] that is proportionate to the amount of funding provided from the fund for U.S.-designated state sponsors of terrorism and other countries of concern, noting that such a withholding is a matter of fundamental principle and intended to foster a more consistent U.S. policy toward such nations.''. (17) The IAEA has repeatedly reported that the Government of Iran continues its work on heavy water-related projects and its enrichment of uranium, in violation of United Nations Security Council Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), and 1835 (2008). (18) United Nations Security Council Resolution 1737 (2006) decided ``that technical cooperation provided to Iran by the IAEA or under its auspices shall only be for food, agricultural, medical, safety or other humanitarian purposes [inter alia] . . . but that no such technical cooperation shall be provided that relates to . . . proliferation sensitive nuclear activities . . .''. (19) According to multiple news reports, the IAEA Director General reported to the IAEA Board of Governors in June of 2009 that the Government of Iran now has approximately 7,000 centrifuges for enriching uranium, is running almost 5,000 of them, and has increased its stockpile of low-enriched uranium to over 1,300 kilograms, considered sufficient for further enrichment into enough high-enriched uranium for an atomic bomb. (20) The IAEA Director General has repeatedly reported to the IAEA Board of Governors, including in his report of February 19, 2009, that ``there remain a number of outstanding issues which give rise to concerns . . . [regarding] the existence of possible military dimensions to Iran's nuclear programme''. (21) The IAEA Director General has repeatedly reported to the IAEA Board of Governors, including in his report of February 19, 2009, that ``Iran has not implemented the Additional Protocol, which is a prerequisite for [the IAEA] to provide credible assurance about the absence of undeclared nuclear material and activities. Nor has [Iran] agreed to [the IAEA's] request that Iran provide, as a transparency measure, access to additional locations related, inter alia, to the manufacturing of centrifuges, research and development on uranium enrichment, and uranium mining and milling, as also required by the Security Council.''. (22) The IAEA Director General has repeatedly reported to the IAEA Board of Governors, including in his report of February 19, 2009, that ``as a result of the continued lack of cooperation by Iran in connection with . . . issues which give rise to concerns about possible military dimensions of Iran's nuclear programme, [the IAEA] has made no substantive progress on these issues.''. (23) Iran has refused to comply with resolutions adopted by the IAEA Board of Governors on September 12, 2003, November 26, 2003, March 15, 2004, June 18, 2004, November 29, 2004, August 11, 2005, September 24, 2005, February 4, 2006, and July 31, 2006, regarding ``Iran's many failures and breaches of its obligations to comply with its NPT Safeguards Agreement'' and continues to block IAEA inspections of its nuclear facilities, in violation of its NPT Safeguards Agreement. (24) According to multiple news reports, Iran recently denied access to its enrichment site at Natanz to IAEA inspectors, and has also denied a request by the IAEA to place one or more additional surveillance cameras at the enrichment site at Natanz. (25) In April of 2008, United States Government officials publicly revealed that Syria was building at the Dair Alzour site, with North Korea's assistance, a secret nuclear reactor that was based on a North Korean model capable of producing plutonium for nuclear weapons and that was weeks away from becoming operational before an Israeli air strike reportedly destroyed the reactor in September 2007. (26) On April 28, 2008, General Michael Hayden, the former Director of the Central Intelligence Agency, stated that the Syrian reactor at Dair Alzour could have produced enough plutonium for 1 or 2 bombs within a year of becoming operational. (27) The IAEA Director General reported to the IAEA Board of Governors, on November 19, 2008, that the Syrian facility at Dair Alzour bore features that resembled those of an undeclared nuclear reactor, adding that ``Syria has not yet provided the requested documentation in support of its declarations concerning the nature or function of the destroyed building, nor agreed to a visit to the three other locations which the IAEA has requested to visit.''. (28) The IAEA Director General publicly stated to the IAEA Board of Governors, on June 15, 2009, that ``the limited information and access provided by Syria to date have not enabled the Agency to determine the nature of the destroyed facility'' at Dair Alzour site, that uranium particles have been found in samples taken from a second site, the Miniature Neutron Source Reactor facility in Damascus, and that the particles found at both sites ``are of a type not included in Syria's declared inventory of nuclear material.''. SEC. 3. PROHIBITION ON THE USE OF FUNDS. (a) In General.--No funds from any United States assessed or voluntary contribution to the IAEA may be used to support any assistance provided by the IAEA through its Technical Cooperation program to any country, including North Korea that-- (1) is a state sponsor of terrorism; (2) is in breach of or noncompliance with its obligations regarding-- (A) its safeguards agreement with the IAEA; (B) the Additional Protocol; (C) the Nuclear Non-Proliferation Treaty; (D) any relevant United Nations Security Council Resolution; or (E) the Charter of the United Nations; or (3) is under investigation for a breach of or noncompliance with the obligations specified in paragraph (2). (b) Withholding of Voluntary Contributions.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall withhold from the United States voluntary contribution to the IAEA an amount proportional to that spent by the IAEA in the period from 2007 to 2008 on assistance through its Technical Cooperation Program to countries described in subsection (a). (c) Withholding of Assessed Contributions.--If, not later than 30 days of the date of the enactment of this Act, the amount specified in subsection (b) has not been withheld and the IAEA has not suspended all assistance provided through its Technical Cooperation Program to the countries described in subsection (a), an amount equal to that specified in subsection (b) shall be withheld from the United States assessed contribution to the IAEA. SEC. 4. WAIVER. The provisions in subsections (b) and (c) of section 3 may be waived if-- (1) the IAEA has suspended all assistance provided through its Technical Cooperation Program to the countries described in section 3(a); or (2) the President certifies that the countries described in section 3(a) no longer pose a threat to the national security, interests, and allies of the United States. SEC. 5. UNITED STATES ACTIONS AT IAEA. The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to block the allocation of funds for any assistance provided by the IAEA through its Technical Cooperation Program to any country described in section 3(a). SEC. 6. REPORT. Not later than six months after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report on the implementation of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) State sponsor of terrorism.--The term ``state sponsor of terrorism'' means a country the government of which has been determined by the Secretary of State, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism.

Stop Nuclear Assistance to State Sponsors of Terrorism Act of 2009 - Prohibits funds from any U.S. assessed or voluntary contribution to the International Atomic Energy Agency (IAEA) from being used to support assistance provided by the IAEA through its Technical Cooperation Program to any country, including North Korea, that is: (1) a state sponsor of terrorism; or (2) in breach of or noncompliance, or under investigation for breach or noncompliance, with its obligations regarding IAEA safeguards, specified treaties, or the U.N. Charter or relevant U.N. resolutions. Directs the Secretary of State to withhold specified voluntary and assessed IAEA contribution amounts. Authorizes the waiver of such withholding if: (1) the IAEA has suspended all Program assistance to such countries; or (2) the President certifies that such countries no longer pose a threat to U.S. security and allies.

To prohibit the expenditure of United States taxpayer dollars on nuclear assistance to state sponsors of terrorism, and for other purposes.

SECTION 1. LOCAL FAMILY INFORMATION CENTERS. (a) Centers Established.--Part E of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.) is amended by adding at the end the following: ``SEC. 1503. LOCAL FAMILY INFORMATION CENTERS. ``(a) Centers Authorized.--The Secretary may make grants to, and enter into contracts and cooperative agreements with, local nonprofit parent organizations to enable the organizations to support local family information centers that help ensure that parents of students in schools assisted under part A have the training, information, and support the parents need to enable the parents to participate effectively in helping their children to meet challenging State standards. ``(b) Definition of Local Nonprofit Parent Organization.--In this section, the term `local nonprofit parent organization' means a private nonprofit organization (other than an institution of higher education) that-- ``(1) has a demonstrated record of working with low-income individuals and parents; ``(2)(A) has a board of directors-- ``(i) the majority of whom are parents of students in schools that are assisted under part A and located in the geographic area to be served by the center; and ``(ii) that includes individuals who work in schools that are assisted under part A and located in the geographic area to be served by the center; or ``(B) has-- ``(i) as a part of the organization's mission, serving the interests of low-income families in public schools located in the geographic area to be served by the center; and ``(ii)(I) a special governing committee to direct and implement the center, a majority of the members of whom are parents of students in schools assisted under part A, which committee shall include 1 or more individuals working in the schools assisted under part A in the geographic area to be served by the center; and ``(II) entered into a memorandum of understanding between the special governing committee and the board of directors that clearly outlines the decisionmaking responsibilities and authority of the special governing committee; and ``(3) is located in a community with schools that receive funds under part A, and is accessible to the families of students in those schools. ``(c) Required Center Activities.--Each center assisted under this section shall-- ``(1) provide training, information, and support that meets the needs of parents of children in schools assisted under part A who are served through the grant, contract, or cooperative agreement, particularly underserved parents, low-income parents, parents of students with limited English proficiency, parents of students with disabilities, and parents of students in schools identified for school improvement or corrective action under section 1116(c); ``(2) help families of students enrolled in a school assisted under part A-- ``(A) to understand and effectively carry out their responsibilities under the parent involvement provisions of this Act, including participation in parent compacts, parent involvement policies, and joint decisionmaking; ``(B) to learn how to participate effectively with the school to create a needs assessment or school improvement plan in accordance with part A; and ``(C) to understand all of the provisions of this Act designed to improve the achievement of students in the school; ``(3) provide information in a language and form that parents understand, including taking steps to ensure that underserved parents, low-income parents, parents with limited English proficiency, parents of students with disabilities, or parents of students in schools identified for school improvement or corrective action, are effectively informed and assisted; ``(4) assist parents to-- ``(A) understand State content and student performance standards, State and local assessments, and how schools assisted under part A are required to help students meet the State standards; ``(B) understand the accountability system in place in the State, and support activities that are likely to improve student achievement in schools assisted under part A; ``(C) communicate effectively with personnel responsible for providing educational services to their child, and for planning and implementing policies and programs under part A, in the school and the school district; ``(D) understand and analyze the meaning of data that schools, local educational agencies, and States provide under the reporting requirements of this Act and other statutes, including State reporting requirements; ``(E) locate and understand appropriate information about research on ways in which high poverty schools have made real progress in having all students meet State standards; ``(F) understand what their child's school is doing to enable students at the school to meet the standards, including understanding the curriculum and instructional methods the school is using to help the students meet the standards; ``(G) better understand their child's educational needs, where their child stands with respect to State standards, and how the school is addressing the child's education needs; ``(H) participate in-- ``(i) the decisionmaking processes at the school, school district, and State levels; ``(ii) the development, review, and amendment of school-parent compacts, the school and school district parent involvement policies, and the school plan; and ``(iii) the review of the needs assessment of the school; ``(I) understand the requirements of sections 1114, 1115, and 1116, regarding improved student achievement, school planning and improvement, and corrective action; ``(J) understand the provisions of other Federal education programs that provide-- ``(i) resources and opportunities for school improvement; or ``(ii) educational resources to individual students, including programs under chapters 1 and 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (Gear Up and Federal TRIO programs) and other programs; ``(K) participate in other school reform activities; and ``(L) understand public school choice options available in the local community, including magnet schools, charter schools, and alternative schools; ``(5) provide appropriate training and information to students in schools assisted under part A, to enable the students to participate in school compacts and in school reform activities; ``(6) provide information on local parent involvement needs and successes, where appropriate, to teachers and administrators in schools assisted under part A, and facilitate greater understanding of good parent involvement strategies; ``(7) establish cooperative partnerships with parent training and information centers and community parent resource centers assisted under sections 682 and 683, respectively, of the Individuals with Disabilities Education Act, and with parental information and resource centers assisted under section 1118(g); ``(8) be designed to meet the specific needs of families who experience significant isolation from available sources of information and support; ``(9) network with appropriate clearinghouses; and ``(10) report annually to the Secretary regarding-- ``(A) the number of parents to whom the center provided information and support in the preceding fiscal year; ``(B) the number of parents who participate in training sessions and the average number of parents at training sessions; ``(C) the prior year's training that was held at times and places designed to allow the attendance of the largest number of parents of students in schools assisted under part A who are most likely to have been isolated from other sources of information and training; ``(D) the effectiveness of strategies used to reach and serve parents, including underserved parents, low- income parents, parents with limited English proficiency, parents of students with disabilities, and parents of students in schools identified for school improvement or corrective action; ``(E) how the center ensured that parents had the skills necessary to participate in their children's education, as described in paragraph (4); ``(F) the information provided to parents by local educational agencies in the geographic area served by the center; and ``(G) other measures, as determined appropriate by the Secretary. ``(c) Application Requirements.--Each local nonprofit parent organization desiring assistance under this section shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall-- ``(1) describe how the organization will use the assistance to help families under this section; ``(2) describe what steps the organization has taken to meet with school district or school personnel in the geographic area to be served by the center in order to inform the personnel of the plan and application for the assistance; and ``(3) identify with specificity the special efforts that the organization will take-- ``(A) to ensure that the needs for training, information, and support for parents of students in schools assisted under part A, particularly underserved parents, low-income parents, parents with limited English proficiency, parents of students with disabilities, and parents of students in schools identified for school improvement or corrective action, are effectively met; and ``(B) to work with community-based organizations. ``(d) Distribution of Funds.-- ``(1) Allocation of funds.--The Secretary shall make at least 2 awards of assistance under this section to a local nonprofit parent organization in each State, unless the Secretary does not receive at least 2 applications from such organizations in a State of sufficient quality to warrant providing the assistance in the State. ``(2) Selection requirement for local family information centers.-- ``(A) Eligibility.--In order to be eligible to receive assistance under this part, a center shall serve a geographic area (which may include 1 or more school districts), having between 15,000 and 25,000 students, 50 percent of whom are eligible for a free and reduced price lunch under the National School Lunch Act. The number of students served under the preceding sentence may increase, at the discretion of the Secretary, if the geographic area to be served contains only 1 school district and the center has the capacity to serve effectively the entire school district. ``(B) Selection.--The Secretary shall select local nonprofit parent organizations in a State to receive assistance under this section in a manner that ensures the provision of the most effective assistance to low- income parents of students in schools assisted under part A that are located in high poverty rural and urban areas in the State, with particular emphasis on rural and urban geographic areas with high school dropout rates, high percentages of limited English proficient students, or geographic areas with schools identified for school improvement or corrective action under section 1116(c). ``(e) Quarterly Review.-- ``(1) Requirements.-- ``(A) Meetings.--The board of directors or special governing committee of each organization that receives assistance under this section shall meet at least once in each calendar quarter to review the activities for which the assistance was provided. ``(B) Continuation requirement.--For each year that an organization submits an application for assistance under this section after the first year the organization receives assistance under this section, the board of directors or special governing committee of the organization shall submit to the Secretary a written review of the activities of the center carried out by the organization during the preceding year. ``(f) Evaluation.--The Secretary shall conduct an evaluation of the centers assisted under this section, and shall report the findings of such evaluation to Congress not later than 3 years after the date of enactment of this section.''. (b) Authorization of Appropriations.--Section 1002(g)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302(g)(2)) is amended to read as follows: ``(2) Sections 1502 and 1503.--For the purposes of carrying out sections 1502 and 1503, there are authorized to be appropriated $100,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years, of which $50,000,000 shall be available for each fiscal year to carry out section 1503.''.

Revises ESEA title I (Helping Disadvantaged Students Meet High Standards) part E (Federal Evaluations, Demonstrations, and Transition Projects) to authorize the Secretary of Education to make grants to, and enter into contracts and cooperative agreements with, local nonprofit parent organizations to support local family information centers that help ensure that parents of students in schools assisted under title I part A (Improving Basic Programs Operated by Local Educational Agencies) have the training, information, and support they need to be able to participate effectively in helping their children to meet challenging State standards. Sets forth requirements for center activities, applications, and eligibility. Directs the Secretary to: (1) make at least two awards of assistance under this Act to a local nonprofit parent organization in each State, if the applications are of sufficient quality; (2) select such organizations so as to ensure provision of the most effective assistance to low-income parents of students in schools assisted under part A that are located in high poverty rural and urban areas in the State, with particular emphasis on rural and urban geographic areas with high school dropout rates, high percentages of limited English proficient students, or geographic areas with schools identified for school improvement or corrective action; and (3) evaluate and report on assisted centers. Authorizes appropriations.

A bill to provide for local family information centers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Real Outreach for Veterans Act of 2008'' or the ``PRO-VETS Act of 2008''. SEC. 2. SHARING INFORMATION TO IMPROVE VETERANS' ACCESS TO BENEFITS. (a) Agreement on Data Transfer.-- (1) In general.--The Secretary of Veterans Affairs shall enter an agreement with the Secretary of Defense providing for the transfer of data to the Secretary of Veterans Affairs in accordance with this section for the purpose of providing members of the Armed Forces and veterans with individualized information about veterans benefits each member and veteran may be eligible for. (2) Contents of agreement.-- (A) Specific criteria for identification of data.-- The agreement shall specify criteria to identify data of the Department of Defense, including personnel data and data contained in an electronic medical record system, that the Secretary of Defense and the Secretary of Veterans Affairs agree could be used by the Secretary of Veterans Affairs-- (i) to determine the eligibility of a member of the Armed Forces or veteran for veterans benefits; and (ii) as an indicator of a likelihood that a member of the Armed Forces or veteran is eligible for veterans benefits. (B) Electronic data transfer method.--The agreement shall contain a description of an efficient electronic method to be used for the transfer of data identified in accordance with the criteria specified under subparagraph (A) under the agreement. (C) Transfer of data.--Under the agreement, the Secretary of Defense shall transfer data identified in accordance with the criteria under subparagraph (A) to the Secretary of Veterans Affairs as follows: (i) In the case of a member of the Armed Forces who is scheduled for discharge or separation from service, at the time the Secretary of Defense first learns of the scheduled discharge or separation, but not later than one month after the date of discharge or separation. (ii) In the case of a member of the Armed Forces or veteran not covered under clause (i), at such time as is specified under the agreement, but subject to subsection (e). (b) Identification of Benefits Available.-- (1) Generation of initial list.--Not later than 7 days after the date the Secretary of Veterans Affairs receives data concerning a member of the Armed Forces or veteran under the agreement under subsection (a), the Secretary shall compile a list with respect to the member or veteran of all veterans benefits for which the member or veteran may be eligible based on the data. The list shall be divided into-- (A) benefits for which the member or veteran has a high probability of being eligible; and (B) all other benefits for which the member or veteran may be eligible. (2) Updated benefits list.--The Secretary shall update the list under paragraph (1) with respect to a member of the Armed Forces or veteran on an annual basis using any information that the Department of Veterans Affairs may possess about the member or veteran. (c) Notification of Available Benefits.-- (1) Initial notification.--Upon compiling the list of benefits under subsection (b)(1)(A) with respect to a member of the Armed Forces or veteran, the Secretary of Veterans Affairs shall send a notice of the benefits to the member or veteran or the legal representative of the member or veteran. The notice shall also contain an explanation of each such benefit and a summary of any application requirements and procedures that the member or veteran must comply with to be eligible to receive the benefit. (2) Subsequent notifications.-- (A) Second notice.--If a member of the Armed Forces or veteran provided a notice under paragraph (1) does not apply for any benefit listed in the notice by the end of the 60-day period beginning on the date that the Secretary sent the notice, the Secretary shall send a second notice to the member or veteran or the legal representative of the member or veteran. The notice shall contain the same information as the notice sent to the member, veteran, or legal representative under paragraph (1). (B) Subsequent annual notices.--If a member of the Armed Forces or veteran provided a notice under subparagraph (A) does not apply for any benefit listed in the notice by the end of the year beginning on the date that the Secretary sent the notice, the Secretary shall send a subsequent notice to the member or veteran or the legal representative of the member or veteran. The notice shall contain information on the veterans benefits for which the member or veteran has a high probability of being eligible based on the updated list under subsection (b)(2) with respect to the member or veteran. (3) Notices based on changed circumstances.-- (A) In general.--The Secretary shall send a notice to the member or veteran or the legal representative of the member or veteran if, based on data available to the Secretary, the Secretary identifies a member of the Armed Forces or veteran as having a high probability of being eligible for a veterans benefit and-- (i) the member or veteran has not applied for the benefit; (ii) the Secretary has not sent the member or veteran a notice under this subsection with respect to the benefit; and (iii) the Secretary has not informed the member or veteran of the benefit under subsection (d)(2) or any other provision of law. (B) Contents.--The notice under subparagraph (A) shall contain information on the benefit for which the veteran has a high probability of being eligible, an explanation of such benefit, and a summary of any application requirements and procedures that the member or veteran must comply with to be eligible to receive the benefit. (4) Option to decline further notices.-- (A) In general.--The Secretary shall provide each member of the Armed Forces and veteran that is sent a notice under this subsection with the option to decline further notices under this subsection. (B) Notice of option.--Each notice under this subsection shall include information concerning the option to decline further notices under this subsection. (C) Prohibition of further notices.--If a member of the Armed Forces or veteran declines further notices under this paragraph, the Secretary may not send any notices under this section to the member or veteran after the date the member or veteran declines further notices. (5) Method of delivery of notices.-- (A) In general.--Subject to subparagraph (B), all notices under this subsection shall be sent-- (i) by mail; and (ii) electronically, if the Secretary has electronic contact information for the member, veteran, or legal representative of the member or veteran. (B) Option on method of delivery of notices.--The Secretary shall provide each member and veteran with the opportunity to be sent notices under this subsection solely-- (i) by mail; or (ii) through electronic methods, such as email. (d) Application Process.-- (1) Streamlined application process.-- (A) In general.--The Secretary of Veterans Affairs shall use the data received under subsection (a) and any additional relevant data that the Department of Veterans Affairs has in its possession to reduce the amount of information that a member of the Armed Forces or veteran must provide when the member or veteran applies to the Department for veterans benefits. The use of such data may include prepopulating a paper or Web-based application form to be used by the member or veteran with the data. (B) Confirmation.--The Secretary may require that a member of the Armed Forces or veteran confirm or verify any data that the Department of Veterans Affairs uses under subparagraph (A) to determine the eligibility of the member or veteran for veterans benefits. (2) Evaluation of eligibility.-- (A) Review of list.--When evaluating a member of the Armed Forces or veteran for eligibility for veterans benefits, the Secretary shall review the list of benefits for the member or veteran compiled under subsection (b). (B) Disclosure of information.--If the Secretary determines that the member or veteran has a high probability of being eligible for a benefit so listed for which the member or veteran did not apply, the Secretary shall inform the member or veteran of the benefit and of the opportunity to apply for the benefit. (C) Record of disclosure.--If the Secretary informs a member or veteran of a benefit under subparagraph (B), the Secretary shall keep a record, for a period of not less than 5 years, that contains, at a minimum,-- (i) the date on which the Secretary informed the member or veteran of such benefit; (ii) the name of the member or veteran; and (iii) a general description of the information provided to the member or veteran by the Secretary. (3) Notice of denial.--Not later than 30 days after the date a member of the Armed Forces or veteran is determined not eligible for a veterans benefit for which the member or veteran has applied, the Secretary shall provide notice to the member or veteran of the determination. The notice shall include an explanation of the reason for the determination. (e) Transition Period.--Not later than 5 years after the date of enactment of this Act, for all veterans discharged from the Armed Forces prior to the date of enactment of this Act, the Secretary of Defense shall transfer to the Department of Veterans Affairs all data that exists in electronic systems of the Department of Defense on the date of the transfer and that meet the criteria specified in subsection (a)(2)(A). (f) Relation to Other Law.--The Secretary of Veterans Affairs shall implement this section in a manner that does not conflict with the processes, procedures, and standards for the transition of recovering members of the Armed Forces from care and treatment through the Department of Defense to care, treatment, and rehabilitation through the Department of Veterans Affairs under section 1614 of the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note). (g) Privacy.-- (1) In general.--The Secretary of Defense shall provide a member of the Armed Forces or a veteran the opportunity to decline authorization for the transfer under subsection (a) of some or all of the data associated with the member or veteran. (2) Consent presumed.--If a member of the Armed Forces or veteran does not decline an authorization under paragraph (1), the member or veteran shall be treated as having authorized the transfer of data under subsection (a) until any date on which the member or veteran declines the authorization of the transfer. (3) Prohibition of data transfer.--Data associated with a member of the Armed Forces or a veteran may not be transferred under subsection (a) after any date on which the member or veteran declines the authorization of such transfer under paragraph (1). (4) Construction.-- (A) Health insurance portability and accountability act.--Nothing in this section shall be construed as waiving regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). (B) Privacy act.--Transfers of data to the Secretary of Veterans Affairs under the agreement under subsection (a) shall be treated as a routine use of a record for purposes of section 552a of title 5, United States Code. (h) Definitions.--For purposes of this section: (1) Veteran.--The term ``veteran'' has the meaning given such term under section 101 of title 38, United States Code. (2) Armed forces.--The term ``Armed Forces'' shall have the meaning given the term ``armed forces'' under section 101 of title 10, United States Code. (3) Veterans benefits.--The term ``veterans benefits'' means benefits under laws administered by the Secretary of Veterans Affairs.

Providing Real Outreach for Veterans Act of 2008 or PRO-VETS Act of 2008 - Directs the Secretary of Veterans Affairs (Secretary) to enter into an agreement with the Secretary of Defense for the transfer of data to the Secretary for providing members of the Armed Forces and veterans with individualized information concerning veterans' benefits that each member and veteran may be eligible for. Requires the Secretary, after receiving such data, to: (1) compile a list of all benefits for which each member or veteran may be eligible; (2) notify the member or veteran (or their legal representative) of such benefits; and (3) provide a second notification if the member or veteran does not apply for a listed benefit within 60 days, as well as annual notifications thereafter. Requires additional notifications based on changed circumstances. Allows each member or veteran the option to decline further notifications. Directs the Secretary to use transferred data to reduce the amount of information that a member or veteran must provide when applying for benefits. Requires the Secretary of Defense to provide a member or veteran the opportunity to decline authorization for the transfer of information under this Act.

To provide veterans with individualized notice about available benefits, to streamline application processes for the benefits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Eligibility Act of 1994''. SEC. 2. PHASED IN 5-YEAR INCREASE IN AGE FOR ELIGIBILITY FOR OASDI BENEFITS BY THE YEAR 2013. (a) Definitions.--Section 216(l) of the Social Security Act (42 U.S.C. 416(l)) is amended to read as follows: ``Normal Retirement Age; Early Retirement Age ``(l)(1) The term `normal retirement age' means-- ``(A) with respect to an individual who attains (or would attain) the reference age (as defined in paragraph (3)(A)) before January 1, 1995, 65 years of age; ``(B) with respect to an individual who attains (or would attain) the reference age after December 31, 1994, and before January 1, 2013, 65 years of age plus the number of months in the age increase factor (as determined under paragraph (3)(B)) for the calendar in which such individual attains the reference age; and ``(C) with respect to an individual who attains (or would attain) the reference age after December 31, 2012, 70 years of age. ``(2) The term `early retirement age' means 3 years less than normal retirement age. ``(3) For purposes of paragraphs (1) and (2)-- ``(A) the term `reference age' means 62 years of age in the case of an old-age, wife's, or husband's insurance benefit, and 60 years of age in the case of a widow's or widower's insurance benefit, and ``(B) the age increase factor for any individual shall be equal to \4/12\ of the number of months in the period beginning with January 1999 and ending with December of the year in which the individual attains the reference age.''. (b) Additional Amendments.-- (1) Retirement age redesignated normal retirement age.-- (A) Title II of such Act is further amended-- (i) in subsections (a), (b), (c), (d), (e), (f), (q), (r), and (w) of section 202 (42 U.S.C. 402), (ii) in subsections (c) and (f) of section 203 (42 U.S.C. 403), (iii) in section 215(f)(5) (42 U.S.C. 415(f)(5)), and (iv) in section 223(a) (42 U.S.C. 423(a)), by striking ``retirement age (as defined in section 216(l))'' each place it appears and inserting ``normal retirement age (as defined in section 216(l)(1))''. (B) Subsections (h) and (i) of section 216 of such Act (42 U.S.C. 416) are each amended by striking ``retirement age (as defined in subsection (l))'' each place it appears and inserting ``normal retirement age (as defined in subsection (l)(1))''. (2) Age 62 currently designated as early retirement age.-- (A) Title II of such Act is further amended-- (i) in subsections (a), (b), (c), (e), (f), (h), and (q) of section 202 (42 U.S.C. 402), (ii) in section 213(a)(2)(A)(ii) of such Act (42 U.S.C. 413(a)(2)(A)(ii)), (iii) in section 213(a)(2)(B) of such Act (the first place it appears) (42 U.S.C. 413(a)(2)(B)), (iv) in section 214(a)(1) (42 U.S.C. 414(a)(1)), (v) in subsections (a) and (d)(5) of section 215 (42 U.S.C. 415), and (vi) in subsections (a)(2) and (c)(1)(A) of section 223 (42 U.S.C. 423), by striking ``age 62'' each place it appears and inserting ``early retirement age (as defined in section 216(l)(2))''. (B) Subsections (b)(3)(A), (c)(6)(A), (f)(3)(A), (g)(6)(A), and (i)(3)(A) of section 216 of such Act (42 U.S.C. 416) are each amended by striking ``age 62'' each place it appears and inserting ``early retirement age (as defined in subsection (l)(2))''. (C) Subparagraphs (F) and (G) of section 202(q)(3) of such Act (42 U.S.C. 402(q)(3)) are each amended by striking ``the age of 62'' and inserting ``early retirement age (as defined in section 216(l)(2)).''. (3) Conforming adjustments to other age references.-- (A) Title II of such Act is further amended-- (i) in subsections (e) and (f) of section 202 (42 U.S.C. 402), (ii) in subsections (b)(1), (c)(3), and (d)(1)(C) of section 222 (42 U.S.C. 422), and (iii) in section 225(a) (42 U.S.C. 425(a)), by striking ``age 60'' each place it appears and inserting ``5 years less than normal retirement age (as defined in section 216(l)(2))''. (B) Subsections (e)(1)(B)(ii) and (f)(1)(B)(ii) of section 202 of such Act (42 U.S.C. 402) is further amended by striking ``age 50'' each place it appears and inserting ``15 years less than normal retirement age (as defined in section 216(l)(1))''.

Social Security Eligibility Act of 1994 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) to increase the retirement age for OASDI benefits to age 67 by the year 2004 and to age 70 by the year 2013.

Social Security Eligibility Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Assistance Act of 2005''. SEC. 2. TAX CREDIT AGAINST RESIDENTIAL HEATING COSTS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. CREDIT AGAINST RESIDENTIAL HEATING COSTS. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount paid or incurred during such taxable year for residential heating costs. ``(b) Limitations.-- ``(1) Dollar limitation.--The amount of the credit allowed to under subsection (a) to any taxpayer shall not exceed $500 for any taxable year. ``(2) Limitation based on adjusted gross income.-- ``(A) In general.--The amount of the credit which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayers adjusted gross income for such taxable year, over ``(II) the threshold amount, bears to ``(ii) the phaseout amount. ``(C) Threshold amount.--For purposes of this paragraph, the term `threshold amount' means-- ``(i) $80,000 in the case of a joint return, ``(ii) $65,000 in the case of a head of a household, and ``(iii) $40,000 in any other case. ``(D) Phaseout amount.--For purposes of this paragraph, the term `phaseout amount' means-- ``(i) $20,000 in the case of a joint return or a head of a household, and ``(ii) $10,000 in any other case. ``(3) Maximum credit per household.-- ``(A) In general.--In the case of any household, the credit under subsection (a) shall be allowed only to the individual residing in such household who furnishes the largest portion (whether or not more than one-half) of the cost of maintaining such household. ``(B) Determination of amount.--In the case of an individual described in subparagraph (A), such individual shall, for purposes of determining the amount of the credit allowed under subsection (a), be treated as having paid or incurred during such taxable year for increased residential heating costs an amount equal to the sum of the amounts paid or incurred for such heating costs by all individuals residing in such household (including any amount allocable to any such individual under subsection (d) or (e)). ``(c) Carryback of Credit.-- ``(1) In general.--If the credit allowable under subsection (a) for a taxable year exceeds the limitation under subsection (b)(1) for such taxable year, such excess shall be allowed-- ``(A) as a credit carryback to each of the 2 taxable years preceding such taxable year, and ``(B) as a credit carryforward to each of the 20 taxable years following such taxable year. ``(2) Amount carried to each year.--Rules similar to the rules of section 39(b)(2) shall apply for purposes of this section. ``(3) Limitation.--The amount of unused credit which may be taken into account under paragraph (1) for any taxable year shall not exceed the limitation under subsection (b)(1). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Residential heating costs.--The term `residential heating costs' means costs incurred in connection with an energy source used to heat a principal residence of the taxpayer located in the United States. ``(2) Principal residence.--The term `principal residence' has the same meaning as in section 121, except that-- ``(A) no ownership requirement shall be imposed, and ``(B) the principal residence must be used by the taxpayer as the taxpayer's residence during the taxable year. ``(3) No credit for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(4) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins-- ``(A) no credit shall be allowed under subsection (a) to such individual for such individual's taxable year, and ``(B) residential heating costs paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. ``(e) Homeowners Associations.--The application of this section to homeowners associations (as defined in section 528(c)(1)) or members of such associations, and tenant-stockholders in cooperative housing corporations (as defined in section 216), shall be allowed by allocation, apportionment, or otherwise, to the individuals paying, directly or indirectly, for the increased residential heating cost so incurred. ``(f) Applicability of Section.--This section shall apply to taxable years beginning after December 31, 2005, and before January 1, 2007.''. (b) Reduction in Withholding.--The Secretary of the Treasury-- (1) shall educate taxpayers on adjusting withholding of taxes to reflect any anticipated tax credit under section 25E of the Internal Revenue Code of 1986, and (2) may adjust the wage withholding tables prescribed under section 3402(a)(1) of such Code to take into account the credit allowed under section 25E of such Code. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 35 and by adding at the end the following new items: ``Sec. 25E. Credit against residential heating costs.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. DISALLOWANCE OF USE OF LIFO METHOD OF ACCOUNTING BY LARGE INTEGRATED OIL COMPANIES FOR LAST TAXABLE YEAR ENDING BEFORE OCTOBER 1, 2005. (a) General Rule.--Notwithstanding any other provision of law, an applicable integrated oil company shall, in determining the amount of Federal income tax imposed on such company for its most recent taxable year ending on or before September 30, 2005, use the first-in, first- out (FIFO) method of accounting rather than the last-in, last-out (LIFO) method of accounting with respect to its crude oil inventories. (b) Application of Requirement.--The requirement to use the first- in, first-out (FIFO) method of accounting under subsection (a)-- (1) shall not be treated as a change in method of accounting, and (2) shall be disregarded in determining the method of accounting required to be used in any succeeding taxable year. (c) Applicable Integrated Oil Company.--For purposes of this section, the term ``applicable integrated oil company'' means an integrated oil company (as defined in section 291(b)(4) of the Internal Revenue Code of 1986) which-- (1) had gross receipts in excess of $1,000,000,000 for its most recent taxable year ending on or before September 30, 2005, and (2) would, without regard to this section, use the last-in, first-out (LIFO) method of accounting with respect to its crude oil inventories for such taxable year. For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as 1 person.

Home Energy Assistance Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for residential heating costs paid in 2006. Allows a maximum credit of $500, but reduces or eliminates such credit for taxpayers at higher income levels. Requires integrated oil companies with gross receipts in excess of $1 billion to use the first-in, first-out (FIFO) inventory accounting method for purposes of determining their current federal income tax liabilities.

A bill to amend the Internal Revenue Code of 1986 to provide a tax credit against residential heating costs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Equitable Treatment Act of 1999''. SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Hospital day and outpatient visit limits.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and mental health benefits-- ``(A) No inpatient limits.--If the plan or coverage does not include a limit on the number of days of coverage provided for inpatient hospital stays in connection with covered medical and surgical benefits, the plan or coverage may not impose any limit on inpatient hospital stays for mental health benefits. ``(B) Certain inpatient limits.--If the plan or coverage includes a limit on the number of days of coverage provided for inpatient hospital stays in connection with certain covered medical and surgical benefits, the plan or coverage may impose comparable limits on inpatient hospital stays for mental health benefits. ``(C) No outpatient limits.--If the plan or coverage does not include a limit on the number of outpatient visits in connection with covered medical and surgical benefits, the plan or coverage may not impose any limit on the number of outpatient visits for mental health benefits. ``(D) Certain outpatient limits.--If the plan or coverage includes a limit on the number of outpatient visits in connection with certain covered medical and surgical benefits, the plan or coverage may impose comparable limits on the number of outpatient visits for mental health benefits. ``(4) Severe mental illness.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides medical and surgical benefits and mental health benefits, such plan or coverage shall not impose any limitations on the coverage of benefits for severe biologically-based mental illnesses unless comparable limitations are imposed on medical and surgical benefits.''; (2) by striking subsection (b) and inserting the following: ``(b) Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide any mental health benefits; or ``(B) in the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides mental health benefits, as affecting the terms and conditions (including cost sharing and requirements relating to medical necessity) relating to the amount, duration, or scope of mental health benefits under the plan or coverage, except as specifically provided in subsection (a) (in regard to parity in the imposition of aggregate lifetime limits and annual limits and limits on inpatient stays or outpatient visits for mental health benefits). ``(2) Care, treatment, and delivery of services.--Nothing in this subpart shall be construed to prohibit the provision of care or treatment, or delivery of services, relating to mental health services, by qualified health professionals within their scope of practice as licensed or certified by the appropriate State or jurisdiction.''; (3) in subsection (c)-- (A) by striking paragraph (2); and (B) in paragraph (1)-- (i) by striking subparagraphs (A) and (B) and inserting the following: ``(A) In general.--This section shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) for any plan year of any employer who employed an average of at least 2 but not more than 25 employees on business days during the preceding calendar year.''; (ii) by redesignating subparagraphs (A) and (C) as paragraphs (1) and (2), respectively, and realigning the margins accordingly; and (iii) in paragraph (2) (as so redesignated), by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively; (4) in subsection (e), by adding at the end the following: ``(5) Severe biologically-based mental illness.--The term `severe biologically-based mental illness' means an illness that medical science in conjunction with the Diagnostic and Statistical Manual of Mental Disorders (DSM IV) affirms as biologically based and severe, including schizophrenia, bipolar disorder, major depression, obsessive compulsive and panic disorders, posttraumatic stress disorder, autism, and other severe and disabling mental disorders such as anorexia nervosa and attention-deficit/hyper activity disorder.''; and (5) by striking subsection (f). (b) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2000. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE GROUP MARKET. (a) In General.--Section 2705 of the Public Health Service Act (42 U.S.C. 300gg-5) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Hospital day and outpatient visit limits.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and mental health benefits-- ``(A) No inpatient limits.--If the plan or coverage does not include a limit on the number of days of coverage provided for inpatient hospital stays in connection with covered medical and surgical benefits, the plan or coverage may not impose any limit on inpatient hospital stays for mental health benefits. ``(B) Certain inpatient limits.--If the plan or coverage includes a limit on the number of days of coverage provided for inpatient hospital stays in connection with certain covered medical and surgical benefits, the plan or coverage may impose comparable limits on inpatient hospital stays for mental health benefits. ``(C) No outpatient limits.--If the plan or coverage does not include a limit on the number of outpatient visits in connection with covered medical and surgical benefits, the plan or coverage may not impose any limit on the number of outpatient visits for mental health benefits. ``(D) Certain outpatient limits.--If the plan or coverage includes a limit on the number of outpatient visits in connection with certain covered medical and surgical benefits, the plan or coverage may impose comparable limits on the number of outpatient visits for mental health benefits. ``(4) Severe mental illness.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides medical and surgical benefits and mental health benefits, such plan or coverage shall not impose any limitations on the coverage of benefits for severe biologically-based mental illnesses unless comparable limitations are imposed on medical and surgical benefits.''; (2) by striking subsection (b) and inserting the following: ``(b) Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide any mental health benefits; or ``(B) in the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides mental health benefits, as affecting the terms and conditions (including cost sharing and requirements relating to medical necessity) relating to the amount, duration, or scope of mental health benefits under the plan or coverage, except as specifically provided in subsection (a) (in regard to parity in the imposition of aggregate lifetime limits and annual limits and limits on inpatient stays or outpatient visits for mental health benefits). ``(2) Care, treatment, and delivery of services.--Nothing in this part shall be construed to prohibit the provision of care or treatment, or delivery of services, relating to mental health services, by qualified health professionals within their scope of practice as licensed or certified by the appropriate State or jurisdiction.''; (3) by striking subsection (c) and inserting the following: ``(c) Exemption.--This section shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) for any plan year of any employer who employed an average of at least 2 but not more than 25 employees on business days during the preceding calendar year.''; (4) in subsection (e), by adding at the end the following: ``(5) Severe biologically-based mental illness.--The term `severe biologically-based mental illness' means an illness that medical science in conjunction with the Diagnostic and Statistical Manual of Mental Disorders (DSM IV) affirms as biologically based and severe, including schizophrenia, bipolar disorder, major depression, obsessive compulsive and panic disorders, posttraumatic stress disorder, autism, and other severe and disabling mental disorders such as anorexia nervosa and attention-deficit/hyper activity disorder.''; and (5) by striking subsection (f). (b) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2000. SEC. 4. PREEMPTION. Nothing in the amendments made by this Act shall be construed to preempt any provision of State law that provides protections to enrollees that are greater than the protections provided under such amendments.

Mental Health Equitable Treatment Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit certain employee group health plans or related insurance coverages providing both medical-surgical and health benefits from imposing, in the absence of comparable medical-surgical limits: (1) mental health inpatient and outpatient benefit limits; and (2) limits on benefits for severe biologically based mental illnesses.

Mental Health Equitable Treatment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the western basin of Lake Erie, as part of the Great Lakes ecosystem-- (A) is the largest freshwater ecosystem in the world; and (B) is vitally important to the economic and environmental future of the United States; (2) over the 30-year period preceding the date of enactment of this Act, the citizens and governmental institutions of the United States and Canada have devoted increasing attention and resources to the restoration of the water quality and fisheries of the Great Lakes, including the western basin; (3) that increased awareness has been accompanied by a gradual shift toward a holistic ecosystem approach that highlights a growing recognition that shoreline areas, commonly referred to as nearshore terrestrial ecosystems, are an integral part of the western basin and the Great Lakes ecosystem; (4) the Great Lakes account for more than 90 percent of the surface freshwater in the United States; (5) the western basin of Lake Erie receives approximately 90 percent of its flow from the Detroit River and only approximately 10 percent from tributaries; (6) the western basin is an important ecosystem that includes a number of distinct islands, channels, rivers, and shoals that support dense populations of fish, wildlife, and aquatic plants; (7) coastal wetland of Lake Erie supports the largest diversity of plant and wildlife species in the Great Lakes; (8) because Lake Erie is located at a more southern latitude than other Great Lakes, the moderate climate of Lake Erie is appropriate for many species that are not found in or along the northern Great Lakes; (9) more than 300 species of plants, including 37 significant species, have been identified in the aquatic and wetland habitats of the western basin; (10) the shallow western basin of Lake Erie, extending from the Lower Detroit River to Sandusky Bay, is home to the greatest concentration of marshes in Lake Erie, including-- (A) Mouille, Metzger, and Magee marshes; (B) the Maumee Bay wetland complex; (C) the wetland complexes flanking Locust Point; and (D) the wetland in Sandusky Bay; (11) the larger islands of the United States in western Lake Erie have wetland in small embayments; (12) the wetland in the western basin comprises some of the most important waterfowl habitat in the Great Lakes; (13) waterfowl, wading birds, shore birds, gulls and terns, raptors, and perching birds use the wetland in the western basin for migration, nesting, and feeding; (14) hundreds of thousands of diving ducks stop to rest in the Lake Erie area during autumn migration from Canada to points east and south; (15) the wetland of the western basin provides a major stopover for sea ducks, such as migrating common goldeneye, common mergansers, and ruddy duck; (16) the international importance of Lake Erie is indicated in the United States by congressional designation of the Ottawa and Cedar Point National Wildlife Refuges; (17)(A) Lake Erie has an international reputation for walleye, perch, and bass fishing, recreational boating, birding, photography, and duck hunting; and (B) on an economic basis, tourism in the Lake Erie area accounts for an estimated $1,500,000,000 in retail sales and more than 50,000 jobs; (18)(A) many of the 417,000 boats that are registered in the State of Ohio are used in the western basin, in part to fish for the estimated 10,000,000 walleye that migrate from the lake to spawn; and (B) that internationally renowned walleye fishery drives much of the $2,000,000,000 sport fishing industry in the State of Ohio; (19) coastal wetland in the western basin has been subjected to intense pressure for 150 years; (20) prior to 1850, the western basin was part of an extensive coastal marsh and swamp system consisting of approximately 122,000 hectares that comprised a portion of the Great Black Swamp; (21) by 1951, only 12,407 wetland hectares remained in the western basin; (22) 50 percent of that acreage was destroyed between 1972 and 1987, leaving only approximately 5,000 hectares in existence today; (23) along the Michigan shoreline, coastal wetland was reduced by 62 percent between 1916 and the early 1970s; (24) the development of the city of Monroe, Michigan, has had a particularly significant impact on the coastal wetland at the mouth of the Raisin River; (25) only approximately 100 hectares remain physically unaltered today in an area in which, 70 years ago, marshes were 10 times more extensive; (26) in addition to the actual loss of coastal wetland acreage along the shores of Lake Erie, the quality of much remaining dike wetland has been degraded by numerous stressors, especially excessive loadings of sediments and nutrients, contaminants, shoreline modification, exotic species, and the diking of wetland; and (27) protective peninsula beach systems, such as the former Bay Point and Woodtick, at the border of Ohio and Michigan near the mouth of the Ottawa River and Maumee Bay, have been eroded over the years, exacerbating erosion along the shorelines and negatively affecting breeding and spawning grounds. SEC. 3. PURPOSE. The purpose of this Act is to establish a national wildlife refuge complex in the State of Ohio-- (1)(A) to protect the remaining high-quality fish and wildlife habitats of the western basin before those habitats are lost to further development; and (B) to restore and enhance degraded wildlife habitats associated with the western basin; (2) in partnership with nongovernmental and private organizations and private individuals dedicated to habitat enhancement, to conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the western basin (including associated fish, wildlife, and plant species); (3) to facilitate partnerships among the United States Fish and Wildlife Service, Canadian national and provincial authorities, State and local governments, local communities in the United States and Canada, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the western basin; and (4) to advance the collective goals and priorities that-- (A) were established in the report entitled ``Great Lakes Strategy 2002--A Plan for the New Millennium'', developed by the United States Policy Committee, comprised of Federal agencies (including the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, the United States Geological Survey, the Forest Service, and the Great Lakes Fishery Commission) and State governments and tribal governments in the Great Lakes basin; and (B) include the goals of cooperating to protect and restore the chemical, physical, and biological integrity of the Great Lakes basin ecosystem. SEC. 4. DEFINITIONS. In this Act: (1) Cedar point refuge.--The term ``Cedar Point Refuge'' means the Cedar Point National Wildlife Refuge established by the Secretary in accordance with the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.). (2) International refuge.--The term ``International Refuge'' means the Detroit River International Wildlife Refuge established by section 5(a) of the Detroit River International Wildlife Refuge Establishment Act (16 U.S.C. 668dd note; 115 Stat. 894). (3) Ottawa refuge.--The term ``Ottawa Refuge'' means the Ottawa National Wildlife Refuge, established by the Secretary in accordance with the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.). (4) Refuge complex.--The term ``Refuge Complex'' means the national wildlife refuge complex established by section 5(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Western basin.-- (A) In general.--The term ``western basin'' means the western basin of Lake Erie, consisting of the land and water in the watersheds of Lake Erie extending from the watershed of the Lower Detroit River in the State of Michigan to and including Sandusky Bay and the watershed of Sandusky Bay in the State of Ohio. (B) Inclusion.--The term `western basin' includes the Bass Island archipelago in the State of Ohio. (7) West sister island refuge.--The term ``West Sister Island Refuge'' means the West Sister Island National Wildlife Refuge established by Executive Order 7937, dated August 2, 1937. SEC. 5. NATIONAL WILDLIFE REFUGE COMPLEX. (a) Establishment.--There is established a national wildlife refuge complex in the State of Ohio, consisting of-- (1) the Ottawa Refuge, as modified by subsection (b); (2) the West Sister Island Refuge; and (3) the Cedar Point Refuge. (b) Expansion of Ottawa National Wildlife Refuge.-- (1) In general.--The Secretary shall expand the boundaries of the Ottawa Refuge to include surrounding land and water in the State of Ohio extending from the eastern boundary of the Maumee Bay State Park to the eastern boundary of the Darby Unit (including the Bass Island archipelago) as depicted on the map entitled ``Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act'', dated September 6, 2002. (2) Availability of map.--The map referred to in paragraph (1) shall be available for inspection in appropriate offices of the United States Fish and Wildlife Service. (c) Boundary Revisions.--The Secretary may make such revisions of the boundaries of the Refuge Complex as the Secretary determines to be appropriate-- (1) to facilitate the acquisition of property within the Refuge Complex; or (2) to carry out this Act. (d) Acquisition.-- (1) In general.--Subject to paragraph (2), the Secretary may acquire by donation, purchase with donated or appropriated funds, or exchange the land and water, and interests in land and water (including conservation easements), within the boundaries of the Refuge Complex. (2) Consent.--No land, water, or interest in land or water described in paragraph (1) may be acquired by the Secretary without the consent of the owner of the land, water, or interest. (e) Transfers From Other Agencies.--Administrative jurisdiction over any Federal property that is located within the boundaries of the Refuge Complex and under the administrative jurisdiction of an agency of the United States other than the Department of the Interior may, with the concurrence of the head of the administering agency, be transferred without consideration to the Secretary for the purpose of this Act. (f) Study of Associated Area.-- (1) In general.--The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall conduct a study of fish and wildlife habitat and aquatic and terrestrial communities in and around the 2 dredge spoil disposal sites that are-- (A) referred to by the Toledo-Lucas County Port Authority as ``Port Authority Facility Number Three'' and ``Grassy Island'', respectively; and (B) located within Toledo Harbor near the mouth of the Maumee River. (2) Report.--Not later than 18 months after the date of enactment of the Act, the Secretary shall-- (A) complete the study under paragraph (1); and (B) submit to Congress a report on the results of the study. SEC. 6. EXPANSION OF INTERNATIONAL REFUGE BOUNDARIES. The Secretary shall expand the southern boundary of the International Refuge to include additional land and water in the State of Michigan located east of Interstate Route 75, extending from the southern boundary of Sterling State Park to the Ohio State line, as depicted on the map referred to in section 5(b)(1). SEC. 7. ADMINISTRATION. (a) Refuge Complex.-- (1) In general.--The Secretary shall administer all federally owned land, water, and interests in land and water that are located within the boundaries of the Refuge Complex in accordance with-- (A) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.); and (B) this Act. (2) Additional authority.--The Secretary may use such additional statutory authority available to the Secretary for the conservation of fish and wildlife, and the provision of opportunities for fish- and wildlife-dependent recreation, as the Secretary determines to be appropriate to carry out this Act. (b) Priority Uses.--In providing opportunities for compatible fish- and wildlife-dependent recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure, to the maximum extent practicable, that hunting, trapping, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge Complex. (c) Cooperative Agreements Regarding Non-Federal Land.--To promote public awareness of the resources of the western basin and encourage public participation in the conservation of those resources, the Secretary may enter into cooperative agreements with the State of Ohio or Michigan, any political subdivision of the State, or any person for the management, in a manner consistent with this Act, of land that-- (1) is owned by the State, political subdivision, or person; and (2) is located within the boundaries of the Refuge Complex. (d) Use of Existing Greenway Authority.--The Secretary shall encourage the State of Ohio to use authority under the recreational trails program under section 206 of title 23, United States Code, to provide funding for acquisition and development of trails within the boundaries of the Refuge Complex. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary-- (1) to acquire land and water within the Refuge Complex under section 5(d); (2) to carry out the study under section 5(f); and (3) to develop, operate, and maintain the Refuge Complex.

Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act - Establishes a national wildlife refuge complex in Ohio, consisting of the Ottawa, West Sister Island, and Cedar Point National Wildlife Refuges.Requires the Secretary of the Interior to expand the Ottawa Refuge to include specified land and water in Ohio. Permits the Secretary to acquire by donation, purchase, or exchange the land and water and interests in land and water within the boundaries of the Complex.Directs the Secretary, acting through the Director of the United States Fish and Wildlife Service, to study and report to Congress on fish and wildlife habitat and aquatic and terrestrial communities in and around two specified dredge spoil disposal sites in Toledo Harbor.Requires the Secretary to expand the southern boundary of the Detroit River International Wildlife Refuge (the Refuge) to include additional land and water located in the State of Michigan east of Interstate Route 75.Prescribes requirements for administration of the Complex.Directs the Secretary to ensure that hunting, trapping, fishing, wildlife observation and photography, and environmental education and interpretation shall be the priority public uses of the Complex.Requires the Secretary to encourage the State of Ohio to use authority under the Federal recreational trails program to provide funding for the acquisition and development of trails within the boundaries of the Complex.

A bill to establish in the State of Ohio a wildlife refuge complex comprised of land designated as national wildlife refuges, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Code Talkers Recognition Act''. SEC. 2. EXPRESSION OF RECOGNITION. The purposes of the medals authorized by this Act are to express recognition by the United States and the Congress and to honor the Native American Code Talkers who distinguished themselves in performing highly successful communications operations of a unique type that greatly assisted in saving countless lives and in hastening the end of World War I and World War II. SEC. 3. FINDINGS. The Congress finds as follows: (1) When the United States entered World War I, Indian people of the United States were not accorded the status of citizens of the United States. (2) Without regard to this lack of citizenship, members of Indian Tribes and nations enlisted in the Armed Forces to fight on behalf of their native land. (3) The first reported use of American Indian Code Talkers was on October 17, 1918. (4) The Choctaw Code Talkers in World War I were the first Code Talkers that played a role in American military operations and transmitted vital communications that helped defeat German forces in Europe in World War I. (5) Because the language used by the Choctaw soldiers in the transmission of information was not based on a European language or on a mathematical progression, the Germans were unable to understand any of the transmissions. (6) This was the first time in modern warfare that such transmission of messages in a native language was used for the purpose of confusing the enemy. (7) On December 7, 1941, the Japanese Empire attacked Pearl Harbor, Hawaii and Congress declared war the following day. (8) The United States Government called upon the Comanche Nation to support the military effort during World War II by recruiting and enlisting Comanche men to serve in the United States Army to develop a secret code based on the Comanche language. (9) During World War II, the United States employed Native American Code Talkers who developed secret means of communication based on Native languages and who were critical to winning the war. (10) The Army recruited about 50 Native Americans for such special communication assignments and the Marines recruited several hundred Navajos for duty in the Pacific. (11) In 2001, Congress and President Bush honored the Navajo Code Talkers with congressional gold medals for their contributions to the United States Armed Forces as radio operators during World War II. (12) It is time for Congress to give all Native American Code Talkers the recognition they deserve for their contributions to United States victories in World War I and World War II. (13) Soldiers from the Assiniboine, Cherokee, Cheyenne, Chippewa/Oneida, Choctaw, Comanche, Cree, Crow, Hopi, Kiowa, Menominee, Meskwaki, Mississauga, Muscogee, Osage, Pawnee, Sac and Fox, Seminole, and Sioux (Lakota and Dakota) Indian Tribes and nations served as Code Talkers during World War II. (14) To the enemy's frustration, the code developed by these Native American Indians proved to be unbreakable and was used extensively throughout the European theater. (15) The heroic and dramatic contributions of the Native American Code Talkers was instrumental in driving back Axis forces across the Pacific during World War II. SEC. 4. CONGRESSIONAL GOLD MEDAL. (a) Awards Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the Native American members of the United States Armed Forces, collectively, who served as Code Talkers in any foreign conflict in which the United States was involved during the 20th Century. (b) Design and Striking.-- (1) In general.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (2) Designs of medals emblematic of code talker service.-- The design of the gold medal struck under this subsection in recognition of Native American Code Talkers shall be emblematic of the heroic and dramatic service of such Code Talkers. (3) Indian tribe defined.--For purposes of this Act, the term ``Indian tribe'' has the same meaning as in section 4 of the Indian Self-Determination and Education Assistance Act. (c) Display of Gold Medal.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution where it will be displayed as appropriate and made available for research. (d) Presentation of Duplicate Gold Medals to Tribal Governments.-- The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold duplicate of the gold medal awarded under subsection (a) to the government of each Indian tribe that the Secretary and the Secretary of Defense jointly determine had tribal members who served as Code Talkers in the United States Armed Forces in any foreign conflict in which the United States was involved during the 20th Century. SEC. 5. SILVER DUPLICATES FOR INDIVIDUAL CODE TALKERS. (a) In General.--The Secretary shall strike duplicates in silver of the gold medals struck under section 4 for transmittal, in a manner to be determined by the Speaker of the House of Representatives and the President pro tempore of the Senate, to each individual identified under subsection (b) as a Native American member of the United States Armed Forces who served as a Code Talker in any foreign conflict in which the United States was involved during the 20th Century or to the next of kin or other personal representative of any such Native American who has deceased before such presentation. (b) Determination of Identity of Code Talkers.--For purposes of determining eligibility for a silver duplicate under subsection (a), the Secretary shall consult with the Secretary of Defense who shall make prompt determinations of such eligibility. SEC. 6. BRONZE DUPLICATE MEDALS FOR SALE TO PUBLIC. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 4, at a price sufficient to cover the costs of the medal, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 7. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 8. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as are necessary to pay for the cost of the medals authorized under sections 4 and 5. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under this Act shall be deposited in the United States Mint Public Enterprise Fund. SEC. 9. RULE OF CONSTUCTION. No provision of this Act shall be construed as authorizing the award of a duplicate medal to any individual, or any next of kin or personal representative of any individual, previously honored pursuant to section 1101 of title XI of division B of H.R. 5666, as enacted by reference in Public Law 106-554.

Code Talkers Recognition Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for: (1) the award on behalf of Congress of a single gold medal of appropriate design to honor the Native American members of the U.S. Armed Forces, collectively, who served as Code Talkers in any foreign conflict in which the United States was involved during the 20th century for display in the Smithsonian Institution; and (2) presentation of a gold duplicate of such medal to each Indian tribe that had tribal members who served as such Code Talkers. Directs the Secretary of the Treasury to strike: (1) silver duplicates for transmittal to each individual who served as a Code Talker (or next of kin); and (2) bronze duplicates for public sale.

To authorize the award of a congressional gold medal on behalf of the Native Americans who served as Code Talkers during foreign conflicts in which the United States was involved during the 20th Century in recognition of their heroic and dramatic contributions to the Nation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``GI Educational Freedom Act of 2012''. SEC. 2. REQUIREMENT FOR PROVISION OF EDUCATIONAL COUNSELING TO INDIVIDUALS BEFORE SUCH INDIVIDUALS RECEIVE EDUCATIONAL ASSISTANCE PROVIDED UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS. (a) In General.--Section 3697A of title 38, United States Code, is amended-- (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following new subsection (c): ``(c)(1) Except as provided in paragraph (2), in the case of an individual described in subsection (b)(1), the counseling services described in subsection (a) shall be required to be provided to the individual before the individual receives the educational assistance described in such subsection. ``(2) The requirement to provide counseling services under paragraph (1) shall not apply with respect to an individual described in such paragraph who communicates to the Secretary, before receiving educational assistance described in such paragraph, that the individual declines the counseling services provided under such paragraph. ``(3) For each individual to whom the Secretary provides counseling services under paragraph (1), the Secretary shall provide to the individual, as part of such services and to the degree that information necessary to carry out this paragraph is available to the Secretary, the following: ``(A) An explanation of the different types of accreditation and State certification and licensure available to educational institutions and programs of education and a discussion of how such accreditation, certification, and licensure can be important for meeting preconditions of employment. ``(B) A discussion of how the various policies of educational institutions regarding the transfer of academic credit can affect the individual and what kinds of issues are commonly encountered by students trying to transfer academic credit. ``(C) An overview of Federal student aid programs, the implications of incurring student loan debt, and discussion of how receipt of Federal student aid can enable a student to complete a program of education without incurring significant educational debt. ``(D) A comprehensive assessment of the type and amount of educational assistance available to the individual under Federal law and under the laws of the State in which the individual resides and of any other State of the individual's choosing. ``(E) If the individual has not developed an academic plan, a discussion about the importance of developing an academic plan. ``(F) A comprehensive list of educational institutions located in the State in which the individual resides and in any other State of the individual's choosing. ``(G) For each educational institution listed under subparagraph (F), the following information, if available, in a format that allows for easy comparison of educational institutions: ``(i) Whether financial assistance is available to a student enrolled in a program of education at the educational institution under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(ii) The number of veterans enrolled in a program of education at the educational institution who received educational assistance under a law administered by the Secretary in the most recently completed academic year. ``(iii) A list of-- ``(I) academic and student support services provided by the educational institution to students enrolled in programs of education at the educational institution, including job placement and career counseling services; and ``(II) special services or benefits currently provided by the educational institution that address the unique needs of veterans. ``(iv) With respect to the three-year period ending at the end of the most recently completed academic year, the median amount of student loan debt held upon completion of a program of education at the educational institution by veterans described in clause (ii). ``(v) The cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of the educational institution. ``(vi) With respect to the three-year period ending at the end of the most recently completed academic year-- ``(I) the average number of veterans who received a degree from the educational institution for completing a program of education; ``(II) the average number of people who received a degree from the educational institution for completing a program of education; ``(III) the average number of veterans enrolled in programs of education at the educational institution; and ``(IV) the average number of people enrolled in programs of education at the educational institution. ``(vii) In the case of an educational institution that offers a program of education designed to prepare people for a State licensure exam, the percentage of such students who take and pass such exam. ``(viii) For each program of education at the educational institution, the average amount of tuition and fees the educational institution charges a student for completing the program of education within normal time (as defined in section 668.41(a) of title 34, Code of Federal Regulations (or any corresponding similar regulation or ruling)), the typical costs for books and supplies (unless those costs are included as part of tuition and fees), and the cost of room and board, if applicable, and a calculation of how much of such costs can be covered by educational assistance available to the individual under laws administered by the Secretary. ``(ix) A description of the status of the accreditation of the educational institution and each program of education offered by the educational institution and a discussion of the significance of such status. ``(x) The median, for all veterans described in subsection (b)(1) who complete a program of education at the education institution that is an eligible program of training to prepare students for gainful employment in a recognized occupation (as described in section 102(b)(1)(A)(i) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)(i))), of the duration of each period beginning on the date on which a veteran completes a program of education at the educational institution and the date on which the veteran first obtains employment after completing such program. ``(xi) The median, for all people who complete a program of education at the education institution that is an eligible program of training to prepare students for gainful employment in a recognized occupation (as described in section 102(b)(1)(A)(i) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)(i))), of the duration of each period beginning on the date on which a person completes a program of education at the educational institution and the date on which the person first obtains employment after completing such program. ``(xii) The percentages of veterans and the percentages of people enrolled in programs of education at the educational institution who obtain a degree or certificate within-- ``(I) the normal time for completion of, or graduate from, the veteran's or person's program, as the case may be; ``(II) 150 percent of the normal time for completion of, or graduation from, the veteran's or person's program, as the case may be; and ``(III) 200 percent of the normal time for completion of, or graduation from, the veteran's or person's program, as the case may be. ``(xiii) The number of students enrolled in a program of education at the educational institution and the number of such students who submit a complaint to the Secretary under section 3693A(a) of this title. ``(xiv) Whether the educational institution has been reported by a Federal or State agency or a nationally or regionally recognized accrediting agency or association as failing to comply with, or has a significant risk of failing to comply with, a provision of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(xv) A description of the topics or subjects of the most numerous complaints filed during the most recent three-year period under section 3693A of this title with respect to the educational institution. ``(xvi) With respect to each of clauses (i) through (xiv), how the educational institution compares with other educational institutions as follows: ``(I) If the educational institution is a four-year educational institution, how the educational institution compares with the average of all four-year educational institutions. ``(II) If the educational institution is a two-year educational institution, how the educational institution compares with the average of all two-year educational institutions. ``(III) If the educational institution is a less than two-year educational institution, how the educational institution compares with the average of all less than two-year educational institutions. ``(xvii) Such other information as the Secretary considers appropriate to assist the individual in selecting an educational institution or training establishment as described in subsection (a)(1). ``(4) The Secretary may obtain such information as the Secretary requires to carry paragraph (3) from the Secretary of Education, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary considers appropriate. ``(5) The Secretary shall make available to the public on an Internet website such information provided under paragraph (3) as the Secretary considers appropriate. ``(6) Making information available under paragraphs (3) and (5) shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about a student.''. (b) Effective Date.--Subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act and subsection (c) of section 3697A of such title, as added by such subsection, shall apply with respect to individuals who apply for educational assistance described in subsection (b)(1) of such section on or after such date. SEC. 3. REPEAL OF LIMITATION ON PAYMENTS FOR CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING PROVIDED BY SECRETARY OF VETERANS AFFAIRS. Section 3697 of title 38, United States Code, is amended-- (1) by striking subsection (b); and (2) in subsection (a), by striking ``(a) Subject to subsection (b) of this section, educational'' and inserting ``Educational''. SEC. 4. VETERANS' EDUCATION CONSUMER COMPLAINT TRACKING SYSTEM. (a) In General.--Chapter 36 of title 38, United States Code, is amended by inserting after section 3693 the following new section: ``Sec. 3693A. Complaint tracking system ``(a) Establishment.--Not later than 180 days after the date of the enactment of this section, the Secretary shall establish a system to collect, process, and track complaints submitted to the Secretary by individuals who are enrolled in programs of education at educational institutions to report instances of fraud, waste, and abuse by such institutions with respect to the benefits and services provided by such institutions to such individuals. ``(b) Requirements.--This system established under subsection (a) shall meet the following requirements: ``(1) The system shall create an individual case number for each complaint processed and tracked in the system. ``(2) The system shall allow for the reporting of complaints, disaggregated by educational institution. ``(3) The system shall allow for the reporting of complaints, disaggregated by topic or subject matter. ``(4) The system shall allow for the submittal of complaints by-- ``(A) Internet website; and ``(B) telephone via a toll-free number that is available every day at all hours. ``(5) The system shall allow for the sharing of complaints with the following: ``(A) The educational institutions that are the subjects of the complaints. ``(B) The Secretary of Education. ``(C) The Secretary of Defense. ``(D) State approving agencies. ``(E) Nationally or regionally recognized accrediting agencies and associations. ``(F) Such other Federal agencies as the Secretary of Veterans Affairs considers appropriate. ``(c) Outreach.--The Secretary shall conduct such outreach as may be necessary to inform individuals described in subsection (a) of the system and process established under such subsection. ``(d) Consideration by State Approving Agencies.--Whenever a State approving agency considers whether to approve a course of education of an educational institution under this chapter, the State approving agency shall review and take into consideration the complaints processed and tracked by the system established under subsection (a) regarding the educational institution. ``(e) Privacy.--(1) Whenever a complaint is shared under subsection (b)(5), the complaint shall be anonymized, unless the complainant gives permission to the Secretary to share the complainant's identity. ``(2) The Secretary may not share a complaint under subsection (b)(5) with an educational institution if the complainant requests that such complaint not be shared with an educational institution.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 36 of such title is amended by inserting after the item relating to section 3693 the following new item: ``3693A. Complaint tracking system.''.

GI Educational Freedom Act of 2012 - Requires any individual eligible for veterans' educational assistance through the Department of Veterans Affairs (VA) to be provided educational and vocational counseling services before the receipt of such educational assistance, unless the individual specifically declines such counseling. Outlines information to be included in such counseling. Directs the Secretary of Veterans Affairs to make such information available to the public. Repeals the $6 million fiscal year limit for VA contracting for such counseling services. Directs the Secretary to establish a system to collect, process, and track complaints submitted by individuals enrolled in VA programs of education to report instances of fraud, waste, and abuse with respect to benefits and services provided by educational institutions. Requires a state approving agency, when considering whether to approve a course of education at an educational institution, to review and take into consideration the complaints processed and tracked by such system. Provides for the confidentiality of such complaints.

A bill to amend title 38, United States Code, to require the Secretary of Veterans Affairs to provide educational counseling to individuals eligible for educational assistance under laws administered by the Secretary before such individuals receive such assistance, and for other purposes.

SECTION 1. WEIR FARM NATIONAL HISTORIC SITE, CONNECTICUT. (a) Acquisition of Land for Visitor and Administrative Facilities.--Section 4 of the Weir Farm National Historic Site Establishment Act of 1990 (16 U.S.C. 461 note; Public Law 101-485; 104 Stat. 1171) is amended by adding at the end the following: ``(d) Acquisition of Land for Visitor and Administrative Facilities; Limitations.-- ``(1) Acquisition.-- ``(A) In general.--To preserve and maintain the historic setting and character of the historic site, the Secretary may acquire not more than 15 additional acres for the development of visitor and administrative facilities for the historic site. ``(B) Proximity.--The property acquired under this subsection shall be contiguous to or in close proximity to the property described in subsection (b). ``(C) Management.--The acquired property shall be included within the boundary of the historic site and shall be managed and maintained as part of the historic site. ``(2) Development.--The Secretary shall keep development of the property acquired under paragraph (1) to a minimum so that the character of the acquired property will be similar to the natural and undeveloped landscape of the property described in subsection (b). ``(3) Agreements.--Prior to and as a prerequisite to any development of visitor and administrative facilities on the property acquired under paragraph (1), the Secretary shall enter into one or more agreements with the appropriate zoning authority of the town of Ridgefield, Connecticut, and the town of Wilton, Connecticut, for the purposes of-- ``(A) developing the parking, visitor, and administrative facilities for the historic site; and ``(B) managing bus traffic to the historic site and limiting parking for large tour buses to an offsite location.''. (b) Increase in Maximum Acquisition Authority.--Section 7 of the Weir Farm National Historic Site Act of 1990 (16 U.S.C. 461 note; Public Law 101-485; 104 Stat. 1173) is amended by striking ``$1,500,000'' and inserting ``$4,000,000''. SEC. 2. ACQUISITION AND MANAGEMENT OF WILCOX RANCH, UTAH, FOR WILDLIFE HABITAT. (a) Findings.--Congress finds the following: (1) The lands within the Wilcox Ranch in eastern Utah are prime habitat for wild turkeys, eagles, hawks, bears, cougars, elk, deer, bighorn sheep, and many other important species, and Range Creek within the Wilcox Ranch could become a blue ribbon trout stream. (2) These lands also contain a great deal of undisturbed cultural and archeological resources, including ancient pottery, arrowheads, and rock homes constructed centuries ago. (3) These lands, while comprising only approximately 3,800 acres, control access to over 75,000 acres of Federal lands under the jurisdiction of the Bureau of Land Management. (4) Acquisition of the Wilcox Ranch would benefit the people of the United States by preserving and enhancing important wildlife habitat, ensuring access to lands of the Bureau of Land Management, and protecting priceless archeological and cultural resources. (5) These lands, if acquired by the United States, can be managed by the Utah Division of Wildlife Resources at no additional expense to the Federal Government. (b) Acquisition of Lands.--As soon as practicable, after the date of the enactment of this Act, the Secretary of the Interior shall acquire, through purchase, the Wilcox Ranch located in Emery County, in eastern Utah. (c) Funds for Purchase.--The Secretary of the Interior is authorized to use not more than $5,000,000 from the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) for the purchase of the Wilcox Ranch under subsection (b). (d) Management of Lands.--Upon payment by the State of Utah of one- half of the purchase price of the Wilcox Ranch to the United States, or transfer by the State of Utah of lands of the same such value to the United States, the Secretary of the Interior shall transfer to the State of Utah all right, title, and interest of the United States in and to those Wilcox Ranch lands acquired under subsection (b) for management by the State Division of Wildlife Resources for wildlife habitat and public access. SEC. 3. LAND CONVEYANCE, YAVAPAI COUNTY, ARIZONA. (a) Conveyance Required.--Notwithstanding any other provision of law, the Secretary of the Interior shall convey, without consideration and for educational related purposes, to Embry-Riddle Aeronautical University, Florida, a nonprofit corporation authorized to do business in the State of Arizona, all right, title, and interest of the United States, if any, to a parcel of real property consisting of approximately 16 acres in Yavapai County, Arizona, which is more fully described as the parcel lying east of the east right-of-way boundary of the Willow Creek Road in the southwest one-quarter of the southwest one-quarter (SW\1/4\SW\1/4\) of section 2, township 14 north, range 2 west, Gila and Salt River meridian. (b) Terms of Conveyance.--Subject to the limitation that the land to be conveyed is to be used only for educational related purposes, the conveyance under subsection (a) is to be made without any other conditions, limitations, reservations, restrictions, or terms by the United States. If the Secretary of the Interior determines that the conveyed lands are not being used for educational related purposes, at the option of the United States, the lands shall revert to the United States. SEC. 4. LAND EXCHANGE, EL PORTAL ADMINISTRATIVE SITE, CALIFORNIA. (a) Authorization of Exchange.--If the non-Federal lands described in subsection (b) are conveyed to the United States in accordance with this section, the Secretary of the Interior shall convey to the party conveying the non-Federal lands all right, title, and interest of the United States in and to a parcel of land consisting of approximately 8 acres administered by the Department of Interior as part of the El Portal Administrative Site in the State of California, as generally depicted on the map entitled ``El Portal Administrative Site Land Exchange'', dated June 1998. (b) Receipt of Non-Federal Lands.--The parcel of non-Federal lands referred to in subsection (a) consists of approximately 8 acres, known as the Yosemite View parcel, which is located adjacent to the El Portal Administrative Site, as generally depicted on the map referred to in subsection (a). Title to the non-Federal lands must be acceptable to the Secretary of the Interior, and the conveyance shall be subject to such valid existing rights of record as may be acceptable to the Secretary. The parcel shall conform with the title approval standards applicable to Federal land acquisitions. (c) Equalization of Values.--If the value of the Federal land and non-Federal lands to be exchanged under this section are not equal in value, the difference in value shall be equalized through a cash payment or the provision of goods or services as agreed upon by the Secretary and the party conveying the non-Federal lands. (d) Applicability of Other Laws.--Except as otherwise provided in this section, the Secretary of the Interior shall process the land exchange authorized by this section in the manner provided in part 2200 of title 43, Code of Federal Regulations, as in effect on the date of the enactment of this subtitle. (e) Boundary Adjustment.--Upon completion of the land exchange, the Secretary shall adjust the boundaries of the El Portal Administrative Site as necessary to reflect the exchange. Lands acquired by the Secretary under this section shall be administered as part of the El Portal Administrative Site. (f) Map.--The map referred to in subsection (a) shall be on file and available for inspection in appropriate offices of the Department of the Interior. (g) Additional Terms and Conditions.--The Secretary of the Interior may require such additional terms and conditions in connection with the land exchange under this section as the Secretary considers appropriate to protect the interests of the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the Weir Farm National Historic Site Establishment Act of 1990 to authorize the Secretary of the Interior to acquire not more than 15 additional acres of land contiguous or in close proximity to the Weir Farm National Historic Site, Connecticut, for the development of visitor and administrative facilities for the Site. Conditions development of visitor and administrative facilities on the Secretary's entering into one or more agreements with the appropriate zoning authority of the towns of Ridgefield and Wilton for the purposes of: (1) developing the parking, visitor, and administrative facilities for the Site; and (2) managing bus traffic to the Site and limiting parking for large tour buses to an offsite location. Increases the authorization of appropriations for acquisition of real and personal property for the Site.

An act to amend the Weir Farm National Historic Site Establishment Act of 1990 to authorize the acquisition of additional acreage for the historic site to permit the development of visitor and administrative facilities and to authorize the appropriation of additional amounts for the acquisition of real and personal property, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Criminal alien.--The term ``criminal alien'' means any alien who-- (A) was arrested, charged, or convicted of an offense described in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); (B) is described in paragraph (2), (3), (9)(A), (9)(C)(i)(II), or (10)(C) of section 212(a) of such Act (8 U.S.C. 1182(a)); (C) is removable under paragraph (2) or (4) of section 237(a) of such Act (8 U.S.C. 1227(a)); (D) is described in section 276 of such Act (8 U.S.C. 1326); or (E) was arrested, charged, or convicted of any felony or misdemeanor offense relating to driving under the influence of alcohol or drugs. (2) Sanctuary jurisdiction.--The term ``sanctuary jurisdiction'' means a State or a political subdivision of a State that has in effect a statute, policy, or practice that prohibits law enforcement officers of the State, or of the political subdivision, from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers' routine law enforcement duties. SEC. 3. LIMITS ON FEDERAL FUNDING FOR STATE AND LOCAL JURISDICTIONS. (a) In General.--A jurisdiction may not receive any of the funding described in subsection (b) if the jurisdiction does not cooperate with Federal officials with respect to criminal aliens or other aliens deemed to be a priority for removal by the Secretary of Homeland Security, including by refusing-- (1) to detain or transfer custody of such aliens pursuant to detainers placed upon such aliens; or (2) to notify a Federal law enforcement agency, upon request, of the release of such aliens. (b) Restricted Funding.--The funding described in this subsection consists of-- (1) any of the funds that would otherwise be allocated to the State or political subdivision under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)); (2) any grant funding authorized under the Second Chance Act of 2007 (Public Law 110-199); and (3) any other law enforcement related grants or contracts awarded by the Department of Homeland Security or Department of Justice, which may be designated by the relevant Secretary or the Attorney General. (c) Termination of Ineligibility.--A jurisdiction shall become eligible to receive funds, grants, or contracts described in subsection (b) after the Secretary of Homeland Security, in consultation with the Attorney General, certifies that-- (1) the jurisdiction no longer fails to cooperate with Federal officials regarding detentions, transfers, and notifications described in subsection (a); and (2) the statute, policy, or practice of that State or political subdivision prohibiting law enforcement officers from assisting or cooperating with Federal immigration law enforcement with respect to criminal aliens has been repealed, rescinded, or terminated. (d) Reallocation.--Any funds that are withheld from a jurisdiction pursuant to this section shall be reallocated by the Secretary of Homeland Security or by the Attorney General, in consultation with each other, equally among-- (1) States and political subdivisions of States, which-- (A) cooperate with Federal officials regarding the detentions, transfers, and notifications described subsection (a); and (B) submit an application to the appropriate Department for such unobligated funds; and (2) any statutorily authorized Federal grant program designed to protect victims of violence. SEC. 4. TRANSPARENCY AND ACCOUNTABILITY. (a) Annual Publication.--Not later than 60 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security and the Attorney General shall jointly publish, on the websites of their respective departments-- (1) a list of sanctuary jurisdictions; and (2) a list of jurisdictions that do not grant Federal immigration law enforcement officers regular access to jails or detention facilities. (b) Public Disclosure of Detainers or Requests for Notification.-- Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Homeland Security shall publish, on the website of the Department of Homeland Security-- (1) the total number of detainers and requests for notification of the release of any alien that has been issued to each State or political subdivision; and (2) the number of such detainers, and requests for notification that have been ignored or otherwise not honored. SEC. 5. INCREASE IN PENALTY FOR REENTRY BY REMOVED ALIEN. Section 276(a) of the Immigration and Nationality Act (8 U.S.C. 1326(a)) is amended, in the undesignated matter following paragraph (2)(B), by striking ``shall be fined under title 18, United States Code, or imprisoned not more than 2 years, or both'' and inserting ``shall be imprisoned for not less than 5 years and may also be fined under title 18, United States Code''. SEC. 6. SAVINGS PROVISIONS. Nothing in this Act may be construed-- (1) to require law enforcement officials of a State or a political subdivision of a State to report or arrest victims or witnesses of a criminal offense; or (2) to limit the ability of State and local law enforcement to cooperate with Federal immigration law enforcement with regard to aliens who are not criminal aliens.

Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015 This bill prohibits a jurisdiction from receiving any of the funding specified in this Act if it does not cooperate with federal officials regarding criminal aliens or other aliens deemed to be a removal priority by the Department of Homeland Security (DHS), including by refusing to: (1) detain or transfer custody of such aliens pursuant to detainers placed upon them; or (2) notify a federal law enforcement agency, upon request, of their release. Such funding consists of: incarceration reimbursement funds under the Immigration and Nationality Act, grant funding under the Second Chance Act of 2007, and any other law enforcement related grants or contracts awarded by DHS or the Department of Justice (DOJ). A jurisdiction shall become eligible to receive such funds, grants, or contracts after DHS certifies that: the jurisdiction no longer fails to cooperate with federal officials regarding detentions, transfers, and notifications; and the statute, policy, or practice of that state or local government prohibiting law enforcement officers from assisting or cooperating with federal immigration law enforcement regarding criminal aliens has been repealed, rescinded, or terminated. Withheld funds shall be reallocated equally among: states and local governments which cooperate with federal officials regarding detentions, transfers, and notifications, and apply to the appropriate Department for such funds; and any statutorily authorized federal grant program designed to protect victims of violence. DHS and DOJ shall publish jointly on their websites: (1) a list of sanctuary jurisdictions, and (2) a list of jurisdictions that do not grant federal immigration law enforcement officers regular access to jails or detention facilities. The Immigration and Nationality Act is amended to increase the penalty for reentry by a removed alien. Nothing in this Act may be construed to: (1) require law enforcement officials of a state or a local government to report or arrest victims or witnesses of a criminal offense, or (2) limit the ability of state and local law enforcement to cooperate with federal immigration law enforcement with regard to aliens who are not criminal aliens.

Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yates Firearm Registration and Crime Prevention Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) crimes committed with guns threaten the peace and domestic tranquillity of the citizens of the United States and the security and general welfare of the Nation and its people; (2) the unregistered and unregulated circulation of firearms in the United States increases the number of crimes committed with firearms; (3) firearms crimes have created a substantial burden on interstate and foreign commerce; (4) fear of firearms crimes discourages citizens from traveling between the States to conduct business or to visit national shrines and monuments, including the Nation's Capital; (5) in view of the ease with which firearms may be concealed and transported across State lines, individual State action to regulate firearms is made ineffective by lax regulation in other States and, accordingly, national legislation establishing minimum standards for the registration and regulation of firearms is necessary to permit effective State action; (6) crimes committed with guns have disrupted our national political processes and threaten the republican form of government within the States as guaranteed by Article IV of the United States Constitution; (7) the use of guns in homicides is not evenly distributed across population subgroups, death and injury in criminal violence from firearms are especially pronounced in the younger age groups and among minorities, and firearm homicide is the second leading cause of death for 15- to 19-year-olds and is increasing more rapidly than any other cause of death; (8) the Second Amendment to the United States Constitution was established to provide for the common defense by protecting the rights of the individual States to organize militias in times of national emergency; (9) firearm ownership is a privilege, not unlike that of driving a car, and it is the duty and obligation of the Federal Government to institute regulations and guidelines in order to safeguard the welfare of the general public; and (10) officials of the Government of the United States, including 4 Presidents of the United States and candidates for national public office, have been assassinated by use of firearms, and the lives of national officials of the legislative, executive, and judicial branches are increasingly threatened by the unregistered and unregulated circulation of firearms in the United States. SEC. 3. REGISTRATION OF FIREARMS AND FIREARM TRANSFERS; FIREARMS PERMITS. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 44 the following: ``CHAPTER 44A--REGISTRATION OF FIREARMS AND FIREARM TRANSFERS; FIREARMS PERMITS ``Sec. ``941. Definitions. ``942. Registration of firearms and firearm transfers. ``943. Permits for possession and transfer of firearms and ammunition. ``944. Disposition of unregistered firearms. ``945. Penalties. ``946. Administration. ``947. Effect on State law. ``Sec. 941. Definitions ``The definitions in section 921(a) shall apply for purposes of this chapter. ``Sec. 942. Registration of firearms and firearm transfers ``(a)(1) It shall be unlawful for any person who owns a firearm in the United States on the effective date of this chapter to fail to register the firearm with the Secretary in accordance with subsection (b) within 1 year after the effective date. ``(2) It shall be unlawful for any person who manufactures a firearm in, or imports a firearm into, the United States to fail to register the firearm with the Secretary in accordance with subsection (b) within 7 calendar days after the date of manufacture or importation. ``(3)(A) It shall be unlawful for any person who transfers, or to whom is transferred, a firearm in the United States to fail to register the firearm transfer with the Secretary in accordance with subsection (b) within 7 calendar days after the date of the transfer. ``(B) Subparagraph (A) shall not apply to the delivery of a firearm by or to a common carrier, licensed pursuant to Federal or State law to transport firearms, in connection with the otherwise lawful transport of the firearm. ``(b) A person may register a firearm or firearm transfer by submitting to the Secretary, in person or by mail, the following information: ``(1) The name, age, address, and social security number (if any), of-- ``(A) the person; or ``(B) in the case of a firearm transfer, the transferor and the transferee. ``(2) The name of the manufacturer, the caliber or gauge (as appropriate), the model and type, and the serial number identification (if any) of the firearm. ``(c) It shall be unlawful for any person who discovers that the person has lost a firearm or that a firearm has been stolen from the person to fail to submit to the Secretary, during the 48-hour period that begins with the time the person discovers the loss or theft, a report of the loss or theft, which shall include such information as the Secretary shall by regulation prescribe, including the date and place of the loss or theft. ``Sec. 943. Permits for possession and transfer of firearms and ammunition ``(a)(1) Beginning 1 year after the effective date of this chapter, it shall be unlawful for a person to possess a firearm or ammunition in or affecting commerce unless the Secretary has issued to the person a firearms permit under subsection (b) which has not become invalid. ``(2)(A) It shall be unlawful for a person to transfer or receive a firearm or ammunition in or affecting commerce unless the transferee or recipient has and displays to the transferor a firearms permit issued to the transferee or recipient by the Secretary under subsection (b) which has not become invalid. ``(B) Subparagraph (A) shall not apply to the delivery of a firearm by or to, or the receipt of a firearm from, a common carrier licensed pursuant to Federal or State law to transport firearms, in connection with the otherwise lawful transportation of the firearm. ``(b) The Secretary shall issue a firearms permit to an applicant upon receipt of a written application that contains the following: ``(1) A statement that the applicant-- ``(A) has attained 18 years of age; ``(B) is not under indictment for, or been convicted in a court of, a crime punishable by imprisonment for a term exceeding 1 year; ``(C) is not a fugitive from justice; ``(D) is not an unlawful user of, or addicted to, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(E) has not been adjudicated as a mental defective or been committed to a mental institution; ``(F) is not an alien who is illegally or unlawfully in the United States; ``(G) has not been discharged from the armed forces under dishonorable conditions; ``(H) is not a person who, having been a citizen of the United States, has renounced such citizenship; and ``(I) is not subject to a court order that-- ``(i) was issued after a hearing of which the applicant received actual notice, and at which the applicant had an opportunity to participate; ``(ii) restrains the applicant from harassing, stalking, or threatening an intimate partner of the applicant or a child of such an intimate partner or the applicant, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and ``(iii)(I) includes a finding that the applicant represents a credible threat to the physical safety of such intimate partner or child; or ``(II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury. ``(2) A photograph and fingerprints of the applicant, which shall be obtained in such manner as the Secretary shall by regulation prescribe. ``(3) Such additional information regarding the applicant, including date and place of birth, gender, height, weight, eye and hair color, and present and previous residences, as the Secretary shall by regulation prescribe. ``(4) The notarized signature of the applicant, who shall swear or attest to the truth of all statements, information, and material provided in the application. ``(c) A firearms permit issued to a person under subsection (b) shall be invalid if it becomes unlawful for the person to receive a firearm in interstate or foreign commerce. ``(d) It shall be unlawful for a person to fail to return to the Secretary a firearms permit issued to the person under subsection (b) within 7 calendar days after the date the permit becomes invalid. ``Sec. 944. Disposition of unregistered firearms ``(a) Within 1 year after the effective date of this chapter, the owner of a firearm may dispose of the firearm at such place as the Secretary may designate, and upon such disposition, the Secretary shall pay the owner an amount equal to the fair market value of the firearm. ``(b) The Secretary shall provide for the destruction of any firearm acquired by the Secretary pursuant to this section, except any such firearm which the Secretary finds is needed in a criminal investigation or prosecution, or has unique historic or technological value. ``Sec. 945. Penalties ``(a) Whoever knowingly owns, possesses, transfers, or receives any firearm or ammunition in violation of this chapter shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) Whoever knowingly obliterates, defaces, or otherwise alters the serial number identification of a firearm shall be fined under this title, imprisoned not more than 10 years, or both. ``(c) Whoever knowingly violates section 942(c) shall be fined under this title, imprisoned not more than 5 years, or both. ``(d) Whoever, with the intent to evade a requirement or obstruct the enforcement of this chapter, furnishes to a person a firearms permit which has not been issued to the person under section 943(b) shall be fined under this title, imprisoned not more than 10 years, or both. ``(e) Whoever knowingly violates section 943(d) shall be fined under this title, imprisoned not more than 10 years, or both. ``(f) Any firearm or ammunition involved in, or used or intended to be used in, a violation of this chapter shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms (as defined in section 5845(a) of such Code) shall, so far as applicable, extend to seizures and forfeitures under this subsection. ``Sec. 946. Administration ``(a) The Secretary shall establish and maintain records of the information submitted pursuant to this chapter. ``(b) The Secretary shall cooperate with the State and local law enforcement officers in making available to them, under appropriate safeguards, information gathered pursuant to this chapter, and shall undertake to establish reciprocal channels of information with the States to carry out this chapter. ``(c) The Secretary may prescribe such rules and regulations as the Secretary deems reasonably necessary to carry out this chapter. ``(d) To meet the expenses of carrying out this chapter, the Secretary may prescribe reasonable fees to be paid by any person who-- ``(1) registers a firearm or firearm transfer pursuant to section 942; or ``(2) applies for a permit under section 943. ``(e) Upon request of the Secretary, the head of a department or agency of the Federal Government shall assist the Secretary in the administration of this chapter, unless the President prohibits the provision of such assistance. ``Sec. 947. Effect on State law ``No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which the provision operates to the exclusion of the law of any State or possession on the same subject matter, unless there is a direct and positive conflict between the provision and the law of the State or possession so that the 2 cannot be reconciled or consistently stand together.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 1 year after the date of the enactment of this Act.

Yates Firearm Registration and Crime Prevention Act of 1997 - Amends the Federal criminal code to make it unlawful for any person who: (1) owns a firearm in the United States to fail to register such firearm with the Secretary of the Treasury within one year after this Act; (2) manufactures a firearm in, or imports a firearm into, the United States to fail to register such firearm within seven days of such manufacture or importation; or (3) transfers, or to whom is transferred, a firearm in the United States to fail to register such firearm within seven days of such transfer. Makes it unlawful for any person who loses a firearm or discovers a firearm to have been stolen to fail to report such loss or theft to the Secretary within 48 hours. Makes it unlawful for a person to: (1) possess a firearm or ammunition in or affecting commerce unless the Secretary has issued to such person a valid firearms permit; or (2) transfer or receive such a firearm or ammunition unless the transferee or recipient has and displays to the transferor a valid permit. Provides permit application requirements. Authorizes an owner to dispose of a firearm at a place designated by the Secretary. Requires the Secretary to pay the fair market value of such firearm. Provides penalties for noncompliance with this Act.

Yates Firearm Registration and Crime Prevention Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Innovation Act''. SEC. 2. CAP ADJUSTMENT. (a) In General.--Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended-- (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C), the following: ``(D) Basic science research.-- ``(i) National science foundation.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the National Science Foundation, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $397,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $831,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $1,275,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $1,765,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $2,290,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $2,867,000,000 in additional new budget authority. ``(ii) Department of energy office of science.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the Office of Science of the Department of Energy, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $275,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $566,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $867,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $1,198,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $1,555,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $1,946,000,000 in additional new budget authority. ``(iii) Department of defense science and technology programs.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the Department of Defense science and technology programs, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $636,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $1,309,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $2,007,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $2,773,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $3,603,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $4,512,000,000 in additional new budget authority. ``(iv) National institute of standards and technology scientific and technical research and services.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the Scientific and Technical Research and Services within the National Institute of Standards and Technology of the Department of Commerce, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $31,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $62,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $96,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $132,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $173,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $216,000,000 in additional new budget authority. ``(v) National aeronautics and space administration science directorate.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the Science Mission Directorate of the National Aeronautics and Space Administration, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such program for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $267,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $559,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $876,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $1,222,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $1,598,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $2,006,000,000 in additional new budget authority. ``(vi) Definitions.--As used in this subparagraph: ``(I) Additional new budget authority.--The term `additional new budget authority' means-- ``(aa) with respect to the National Science Foundation, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the National Science Foundation; ``(bb) with respect to the Department of Energy Office of Science, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the Department of Energy Office of Science; ``(cc) with respect to the Department of Defense Science and Technology Programs, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the Department of Defense Science and Technology Programs; ``(dd) with respect to the National Institute of Standards and Technology Scientific and Technical Research Services, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the National Institute of Standards and Technology Scientific and Technical Research Services; and ``(ee) with respect to the National Aeronautics and Space Administration Science Directorate, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the National Aeronautics and Space Administration Science Directorate. ``(II) National science foundation.--The term `National Science Foundation' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Science Foundation. ``(III) Department of energy office of science.--The term `Department of Energy Office of Science' means the appropriations accounts that support the various institutes, offices, and centers that make up the Department of Energy Office of Science. ``(IV) Department of defense science and technology programs.--The term `Department of Defense Science and Technology programs' means the appropriations accounts that support the various institutes, offices, and centers that make up the Department of Defense Science and Technology programs. ``(V) National institute of standards and technology scientific and technical research and services.--The term `National Institute of Standards and Technology Scientific and Technical Research and Services' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Institute of Standards and Technology Scientific and Technical Research and Services. ``(VI) National aeronautics and space administration science directorate.--The term `National Aeronautics and Space Administration Science Directorate' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Aeronautics and Space Administration Science Directorate.''. (b) Funding.--There are hereby authorized to be appropriated-- (1) for the National Science Foundation, the amounts provided for under clause (i) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; (2) for the Department of Energy Office of Sciences, the amounts provided for under clause (ii) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; (3) for the Department of Defense Science and Technology programs, the amounts provided for under clause (iii) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; (4) for the National Institute of Standards and Technology Scientific and Technical Research and Services, the amounts provided for under clause (iv) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; and (5) for the National Aeronautics and Space Administration Science Directorate, the amounts provided for under clause (iv) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year. (c) Minimum Continued Funding Requirement.--Amounts appropriated for each of the programs and agencies described in section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as added by subsection (a)) for each of fiscal years 2016 through 2021, and each subsequent fiscal year, shall not be less than the amounts appropriated for such programs and agencies for fiscal year 2015. (d) Exemption of Certain Appropriations From Sequestration.-- (1) In general.--Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act (2 U.S.C. 905(g)(1)(A)) is amended by inserting after ``Advances to the Unemployment Trust Fund and Other Funds (16-0327-0-1-600).'' the following: ``Appropriations under the American Innovation Act.''. (2) Applicability.--The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act.

American Innovation Act This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require certain adjustments to discretionary spending limits in FY2016-FY2021 to accommodate increases in appropriations for agencies that perform basic science research. Adjustments are required for the National Science Foundation, the Department of Energy Office of Science, Department of Defense science and technology programs, National Institute of Standards and Technology Scientific and Technical Research and Services, and the National Aeronautics and Space Administration (NASA) Science Mission Directorate. The bill also requires annual appropriations for each of the programs and agencies referenced in this bill to be at least the amount appropriated in FY2015. The bill exempts appropriations provided pursuant to this bill from sequestration. Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.

American Innovation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fixing Internal Response to Misconduct Act'' or the ``DHS FIRM Act''. SEC. 2. DHS POLICY ON DISCIPLINE AND ADVERSE ACTIONS. (a) In General.--Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is amended-- (1) in subsection (b)-- (A) in paragraph (9), by striking ``and'' at the end; (B) in paragraph (10), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(11) implement a Department-wide policy related to discipline and adverse actions described in subsection (e).''; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection: ``(e) Policy on Discipline and Adverse Actions.-- ``(1) In general.--Not later than 90 days after the date of the enactment of this subsection, the Chief Human Capital Officer, in accordance with any established Department-wide policy that deals with discipline and adverse actions, shall provide-- ``(A) guidance to the senior human resources official overseeing discipline and adverse actions for headquarters personnel and non-component entities, as identified by the Chief Human Capital Officer, and relevant component heads regarding informing the public about how to report employee misconduct; ``(B) guidance on how Department employees should report employee misconduct; ``(C) guidance on the type, quantity, and frequency of data regarding discipline and adverse actions to be submitted to the Chief Human Capital Officer by the senior human resources official overseeing discipline and adverse actions for headquarters personnel and non- component entities, as identified by the Chief Human Capital Officer and component heads for the purposes of paragraph (3)(C); ``(D) guidance on how to implement any such Department-wide policy in a manner that promotes greater uniformity and transparency in the administration of such policy across the Department; and ``(E) guidance and appropriate training on prohibited personnel practices, employee rights, and procedures and processes related to such. ``(2) Table of offenses and penalties.-- ``(A) Pre-existing tables.--If a table of offenses and penalties exists for a component of the Department as of the date of the enactment of this subsection, the Chief Human Capital Officer shall review and, if appropriate, approve such table and any changes to such table made after such date of enactment. In cases in which such tables do not comply with Department policy, the Chief Human Capital Officer shall instruct component heads on corrective measures to be taken in order to achieve such compliance. ``(B) New component tables.--If a table of offenses and penalties does not exist for a component of the Department as of the date of enactment of this subsection, a component head may, in coordination with the Chief Human Capital Officer, develop a table of offenses and penalties to be used by such component. The Chief Human Capital Officer shall review and, if appropriate, approve such table and any changes to such table made after such date of enactment. In cases in which such tables or changes do not comply with Department policy, the Chief Human Capital Officer shall instruct the component head on corrective measures to be taken in order to achieve such compliance. ``(3) Component responsibilities.--Component heads shall comply with Department-wide policy (including guidance relating to such) regarding discipline and adverse actions for the Department's workforce, including-- ``(A) providing any current table of offenses and penalties or future changes to a component's table to the Chief Human Capital Officer for review in accordance with paragraph (2)(A); ``(B) providing any new table of offenses and penalties or future changes to a component's table to the Chief Human Capital Officer for review in accordance with paragraph (2)(B); and ``(C) providing to the Chief Human Capital Officer any data regarding discipline and adverse actions in accordance with paragraph (1)(C). ``(4) Oversight.-- ``(A) In general.--Not later than 180 days after the date of the enactment of this subsection, the Chief Human Capital Officer shall implement a process to oversee component compliance with any established Department-wide policy regarding discipline and adverse actions referred to in paragraph (1), including-- ``(i) the degree to which components are complying with such policy; and ``(ii) at a minimum, each fiscal year, a review of component adjudication of misconduct data to-- ``(I) ensure consistent adherence to such policy and any Department-wide table of offenses and penalties or any component-specific table of offenses and penalties approved by the Chief Human Capital Officer pursuant to paragraph (2); and ``(II) determine whether employee training regarding such misconduct policy or adjustment in such misconduct policy is appropriate. ``(B) Working groups.-- ``(i) In general.--The Chief Human Capital Officer may establish working groups, as necessary, to address employee misconduct within the Department. If the Chief Human Capital Officer establishes such a working group, the Chief Human Capital Officer shall specify a timeframe for the completion of such group's work. ``(ii) Function.--A working group established pursuant to clause (i) shall seek to identify any trends in misconduct referred to in such subparagraph, review component processes for addressing misconduct, and, where appropriate, develop possible alternate strategies to address such misconduct. ``(iii) Participation.--If a working group is established pursuant to clause (i), the relevant component head shall participate in such working group and shall consider implementing, as appropriate, any recommendations issued by such working group. ``(iv) Follow-up reviews.--The Chief Human Capital Officer shall conduct annual, or on a more frequent basis as determined by the Chief Human Capital Officer, follow-up reviews of components regarding implementation of working group recommendations. In consultation with the Chief Human Capital Officer, the Secretary may request the Inspector General of the Department to investigate any concerns identified through the oversight process under this subsection that components have not addressed.''. (b) Review.--Not later than 60 days after the development of the oversight process required under subsection (e) of section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) (as added by subsection (a) of this section), the Chief Human Capital Officer of the Department of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on such oversight process, including component compliance with any policy regarding discipline and adverse actions, data collection efforts, and information on the development of any working groups under such subsection (e). (c) Prohibition on New Funding.--No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives June 21, 2017. Attest: KAREN L. HAAS, Clerk.

Fixing Internal Response to Misconduct Act or the DHS FIRM Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Chief Human Capital Officer of the Department of Homeland Security (DHS) to implement a DHS-wide policy related to discipline and adverse actions, which shall provide guidance: to the senior human resources official overseeing discipline and adverse actions for headquarters personnel and non-component entities and relevant component heads regarding informing the public about how to report employee misconduct; on how DHS employees should report employee misconduct; on the type, quantity, and frequency of data regarding discipline and adverse actions to be submitted by such official to such officer; on how to implement any such policy in a manner that promotes greater uniformity and transparency in the administration of such policy across DHS; and on prohibited personnel practices, employee rights, and related procedures and processes. Such officer shall review and approve any necessary development of or changes to tables of offenses and penalties for DHS components to comply with DHS policy. Component heads shall comply with DHS-wide policy regarding discipline and adverse actions for DHS's workforce, and such officer shall implement a process to oversee such compliance. Such officer: (1) may establish working groups to address employee misconduct within DHS, (2) shall conduct follow-up reviews of components regarding implementation of working group recommendations, and (3) may request the DHS Inspector General to investigate any concerns identified through the oversight process that components have not addressed. A working group shall seek to identify any trends in misconduct, review component processes for addressing misconduct, and develop possible alternate strategies to address such misconduct.

Fixing Internal Response to Misconduct Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Tuition Assistance Act of 2002''. SEC. 2. INCREASE IN DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES. (a) In General.--Paragraph (2) of section 222(b) of the Internal Revenue Code of 1986 (relating to applicable dollar limit) is amended to read as follows: ``(2) Applicable dollar limit.--The applicable dollar amount for any taxable year shall be determined as follows: Applicable ``Taxable year: dollar limit: 2002.......................................... $5,000 2003 and thereafter........................... $10,000.''. (b) Phaseout based on adjusted gross income.--Subsection (b) of section 222 of such Code (relating to dollar limitations) is amended by adding at the end the following new paragraphs: ``(3) Limitation based on adjusted gross income.-- ``(A) In general.--The amount which would (but for this paragraph) be allowable as a deduction under this section shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so allowable as-- ``(i) the excess of-- ``(I) the taxpayer's adjusted gross income for such taxable year, over ``(II) $65,000 ($130,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(4) Adjusted gross income.--For purposes of this subsection, adjusted gross income shall be determined-- ``(A) without regard to this section and sections 911, 931, and 933, and ``(B) after application of sections 86, 135, 137, 219, 221, and 469. ``(5) Adjustments for inflation.-- ``(A) In general.--In the case of a taxable year beginning after 2002, the $65,000 and $130,000 amounts in paragraph (3)(B)(i)(II) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000.''. (c) Effective Date.--The amendments made by this section shall apply to payments made in taxable years beginning after December 31, 2001. SEC. 3. EXPANSION OF LIFETIME LEARNING CREDIT. (a) In General.--Section 25A(c)(1) of the Internal Revenue Code of 1986 (relating to lifetime learning credit) is amended by striking ``20 percent'' and inserting ``28 percent''. (b) Increase in AGI Limits.-- (1) In general.--Subsection (d) of section 25A of such Code (relating to limitation based on modified adjusted gross income) is amended to read as follows: ``(d) Limitation Based on Modified Adjusted Gross Income.-- ``(1) Hope credit.-- ``(A) In general.--The amount which would (but for this subsection) be taken into account under subsection (a)(1) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $40,000 ($80,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(2) Lifetime learning credit.-- ``(A) In general.--The amount which would (but for this subsection) be taken into account under subsection (a)(2) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $50,000 ($100,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(3) Modified adjusted gross income.--For purposes of this subsection, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.''. (2) Conforming amendments.-- (A) Section 25A(h)(2)(A) of such Code is amended by striking ``subsection (d)(2)'' and inserting ``subsection (d)(1)(B) and the $50,000 and $100,000 amounts in subsection (d)(2)(B)''. (B) Section 25A(h)(2)(A)(ii) of such Code is amended by striking ``determined by substituting'' and all that follows and inserting the following: ``determined-- ``(I) in the case of the $40,000 and $80,000 amounts in subsection (d)(1)(B)(i)(II), by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) thereof, and ``(II) in the case of the $50,000 and $100,000 amounts in subsection (d)(2)(B)(i)(II), by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof.''. (c) Use of Certain Needs-Based Aid for Qualified Expenses.--Section 25A(g)(2)(C) of the Internal Revenue Code of 1986 (relating to adjustment for certain scholarships , etc.) is amended by inserting ``or needs-based aid received under part A of title IV of the Higher Education Act of 1965'' after ``section 102(a)''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2001 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. SEC. 4. EXPANSION OF STUDENT LOAN INTEREST DEDUCTION ALLOWED ON A PER STUDENT BASIS. (a) In General.--Section 221(b)(1) of the Internal Revenue Code of 1986 (relating to maximum deduction) is amended by inserting ``with respect to qualified education loans of each eligible student'' after ``paragraph (2),''. (b) Effective Date.--The amendment made by this section shall apply with respect to any loan interest paid after December 31, 2001, in taxable years ending after such date. SEC. 5. EXTENSION AND INCREASE OF PELL GRANT MAXIMUM AMOUNTS. Section 401(b)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)(A)) is amended by striking clauses (i) through (v) and inserting the following: ``(i) $6,500 for academic year 2003-2004; and ``(ii) $7,000 for academic year 2004-2005,''.

College Tuition Assistance Act of 2002 - Amends the Internal Revenue Code to increase the applicable dollar amount for the qualified tuition and related expenses deduction from $3,000 (for 2002 and 2003) and $4,000 (for 2004 and 2005) to $10,000.Increases the Lifetime Learning Credit percentage from 20 to 28 percent.Permits the student loan interest deduction on a per student basis.Amends the Higher Education Act of 1965 to extend and increase Pell grant maximum amounts ($6,500 for academic year 2003-2004 and $7,000 for academic year 2004-2005).

To amend the Internal Revenue Code of 1986 to increase tax incentives for higher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Perkins Loan Program Extension Act of 2015''. SEC. 2. EXTENSION OF FEDERAL PERKINS LOAN PROGRAM. (a) Authority to Make Loans.-- (1) In general.--Section 461 of the Higher Education Act of 1965 (20 U.S.C. 1087aa) is amended-- (A) in subsection (a), by striking ``of stimulating and assisting in the establishment and maintenance of funds at institutions of higher education for the making of low-interest loans to students in need thereof'' and inserting ``assisting in the maintenance of funds at institutions of higher education for the making of loans to undergraduate students in need''; (B) by striking subsection (b) and inserting the following: ``(b) Authority to Make Loans.-- ``(1) In general.-- ``(A) Loans for new undergraduate federal perkins loan borrowers.--Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has no outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Loans, as referenced under subparagraphs (A) and (D) of section 455(a)(2), for which such undergraduate student is eligible. ``(B) Loans for current undergraduate federal perkins loan borrowers.--Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has an outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Stafford Loans as referenced under section 455(a)(2)(A) for which such undergraduate student is eligible. ``(C) Loans for certain graduate borrowers.--Through September 30, 2016, with respect to an eligible graduate student who has received a loan made under this part prior to October 1, 2015, an institution of higher education that has most recently made such a loan to the student for an academic program at such institution may continue making loans under this part from the student loan fund established under this part by the institution to enable the student to continue or complete such academic program. ``(2) No additional loans.--An institution of higher education shall not make loans under this part after September 30, 2017. ``(3) Prohibition on additional appropriations.--No funds are authorized to be appropriated under this Act or any other Act to carry out the functions described in paragraph (1) for any fiscal year following fiscal year 2015.''; and (C) by striking subsection (c). (2) Rule of construction.--Notwithstanding the amendments made under paragraph (1) of this subsection, an eligible graduate borrower who received a disbursement of a loan under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.) after June 30, 2016 and before October 1, 2016, for the 2016- 2017 award year, may receive a subsequent disbursement of such loan by June 30, 2017, for which the borrower received an initial disbursement after June 30, 2016 and before October 1, 2016. (b) Distribution of Assets From Student Loan Funds.--Section 466 of the Higher Education Act of 1965 (20 U.S.C. 1087ff) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``After September 30, 2003, and not later than March 31, 2004'' and inserting ``Beginning October 1, 2017''; and (B) in paragraph (1), by striking ``September 30, 2003'' and inserting ``September 30, 2017''; (2) in subsection (b)-- (A) by striking ``After October 1, 2012'' and inserting ``Beginning October 1, 2017''; and (B) by striking ``September 30, 2003'' and inserting ``September 30, 2017''; and (3) in subsection (c)(1), by striking ``October 1, 2004'' and inserting ``October 1, 2017''. (c) Additional Extensions Not Permitted.--Section 422 of the General Education Provisions Act (20 U.S.C. 1226a) shall not apply to further extend the duration of the authority under paragraph (1) of section 461(b) of the Higher Education Act of 1965 (20 U.S.C. 1087aa(b)), as amended by subsection (a)(1) of this section, beyond September 30, 2017, on the basis of the extension under such subsection. SEC. 3. DISCLOSURE REQUIRED PRIOR TO DISBURSEMENT. Section 463A(a) of the Higher Education Act of 1965 (20 U.S.C. 1087cc-1(a)) is amended-- (1) in paragraph (12), by striking ``and'' after the semicolon; (2) in paragraph (13), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(14) a notice and explanation regarding the end to future availability of loans made under this part; ``(15) a notice and explanation that repayment and forgiveness benefits available to borrowers of loans made under part D are not available to borrowers participating in the loan program under this part; ``(16) a notice and explanation regarding a borrower's option to consolidate a loan made under this part into a Federal Direct Loan under part D, including any benefit of such consolidation; ``(17) with respect to new undergraduate Federal Perkins loan borrowers, as described in section 461(b)(1)(A), a notice and explanation providing a comparison of the interest rates of loans under this part and part D and informing the borrower that the borrower has reached the maximum annual borrowing limit for which the borrower is eligible as referenced under subparagraphs (A) and (D) of section 455(a)(2); and ``(18) with respect to current undergraduate Federal Perkins loan borrowers, as described in section 461(b)(1)(B), a notice and explanation providing a comparison of the interest rates of loans under this part and part D and informing the borrower that the borrower has reached the maximum annual borrowing limit for which the borrower is eligible on Federal Direct Stafford Loans as referenced under section 455(a)(2)(A).''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on December 16, 2015. Federal Perkins Loan Program Extension Act of 2015 (Sec. 2) This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to extend the authority of institutions of higher education (IHEs) to disburse Federal Perkins Loans to new undergraduate borrowers through September 30, 2017. A student must first exhaust Federal Direct Subsidized and Unsubsidized Stafford Loan eligibility. IHEs may continue to disburse Perkins Loans to current undergraduate borrowers through September 30, 2017. A student must first exhaust all Federal Direct Subsidized Stafford Loan eligibility. IHEs may continue to disburse Perkins Loans to certain graduate borrowers through September 30, 2016, to enable students to continue or complete an academic program. A student must have received a Perkins loan prior to October 1, 2015. The bill prohibits Perkins Loan disbursement beyond September 30, 2017. It also prohibits authorization of additional appropriations for the Federal Perkins Loan program beyond September 30, 2016. Beginning October 1, 2017, each participating IHE must pay to the Department of Education: (1) a portion of the federal share of the balance of its Perkins Loan funds; (2) a portion of the Perkins student loan payments, including principal and interest, received by the institution; and (3) a capital distribution from its Perkins Loan fund. (Sec. 3) The bill also expands disclosure requirements for IHEs that participate in the Federal Perkins Loan program. Specifically, prior to Perkins Loan disbursement, an IHE must provide notice and explanation to all borrowers regarding unavailability of future Perkins loans, limited Perkins loan repayment and forgiveness options, and Direct Loan consolidation options. Also, an IHE must provide notice and explanation to new and current undergraduate borrowers regarding a comparison of Perkins and Direct loan interest rates. 

Federal Perkins Loan Program Extension Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiemployer Retirees Medical Equity Benefits Act of 1993''. SEC. 2. USE OF MULTIEMPLOYER PLAN CONTRIBUTIONS AND ASSETS FOR RETIREE HEALTH BENEFITS. (a) General Rule.--Section 401 of the Internal Revenue Code of 1986 is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) Use of Multiemployer Plan Contributions for Retiree Health Benefits.-- ``(1) In general.--Amounts contributed to a multiemployer pension plan shall be treated for all purposes of this title as if they had been contributed directly by the contributing employers, pursuant to the designation of such employers, to a related retiree medical benefits plan if-- ``(A) the trustees of the multiemployer pension plan elect to transfer such amounts to such related retiree medical benefit plan; ``(B) such transfer is effected within 1 year after the close of the transfer year; ``(C) the amount transferred does not exceed the permissible amount; and ``(D) the amounts transferred in accordance with this subsection are used exclusively to provide health benefits for individuals (and their beneficiaries) who have begun receiving benefits under the related pension plan. ``(2) Definitions.--For the purpose of this subsection-- ``(A) Permissible amount.--The term `permissible amount' means the excess of the amount of contributions made to the pension plan for the transfer year, over the amount of contributions required to avoid a funding deficiency for the transfer year under section 412. ``(B) Retiree medical benefit plan.--The term `retiree medical benefit plan' means either-- ``(i) a trust described in section 501(c)(9) at least a portion of the benefits of which are provided with respect to retired participants, or ``(ii) a section 401(h) account. ``(C) Related.--A retiree medical benefit plan is related to a pension plan if at least 75 percent of those it covers are persons who have begun receiving benefits under the pension plan or are beneficiaries of such persons. ``(D) Multiemployer plan.--The term `multiemployer plan' has the meaning given such term by section 414(f). ``(E) Transfer year.--The term `transfer year' means the plan year for which the transferred contributions were made to the multiemployer pension plan.'' (b) Modifications to Section 420.-- (1) Section 420(a) of such Code is amended to read as follows: ``(a) General Rule.--If there is a qualified transfer of any excess pension assets of a defined benefit plan to a health benefits account which is part of such plan-- ``(1) a trust which is part of such plan shall not be treated as failing to meet the requirements of subsection (a) or (h) of section 401 solely by reason of such transfer or any other action authorized under this section; ``(2) no amount shall be includible in the gross income of an employer maintaining the plan solely by reason of such transfer; ``(3) such transfer shall not be treated-- ``(A) as an employer reversion for purposes of section 4980, or ``(B) as a prohibited transaction for purposes of section 4975 or section 406 of the Employee Retirement Income Security Act, and ``(4) the limitations of subsection (d) shall apply to an employer maintaining the plan.'' (2) Section 420(b)(3) of such Code is amended to read as follows: ``(3) Limitation on amount transferred.--The amount of excess pension assets which may be transferred in a qualified transfer shall not exceed the amount which is reasonably estimated to be required to be paid (whether directly or through reimbursement) during the taxable year of the transfer for qualified current retiree health liabilities.'' (3) Section 420(c)(1)(B)(ii)(II) of such Code is amended to read as follows: ``(II) shall be treated as an employer reversion for purposes of section 4980 (without regard to subsection (d) thereof) to the extent the original transfer satisfied obligations of an employer to provide retiree health benefits (whether directly or through an employer welfare benefit plan sponsored by the employer).'' (4) Section 420(c)(3) of such Code is amended by adding at the end thereof the following new subparagraph: ``(E) Special rule for plans maintained by more than 1 employer.--For the purposes of this section, in the case of a plan maintained by more than 1 employer (as defined in section 414(b) or (c)), the term `employer' shall include an employee welfare benefit plan providing retiree medical benefits and employers not subject to income tax for purposes of subsections (c)(3) and (e)(1)(A). For purposes of subsections (b)(3), (b)(5), (c)(3), (d)(1), and (e)(1), the term `taxable year' shall also include the plan year of an employee welfare benefit plan providing medical benefits and, subject to regulations of the Secretary based upon section 413(b), (c), and 404, the taxable year of any employer contribution to such a plan.'' (5) Section 420(d)(2) of such Code is amended to read as follows: ``(2) No contributions allowed.--An employer may not contribute after December 31, 1991, any amount to a health benefits account with respect to qualified retiree health liabilities for which transferred assets are required to be used under subsection (c)(1). An employer may not contribute after December 31, 1990, to any welfare benefit plan (as defined in section 419(e)(1)) with respect to qualified current retiree health liabilities for which transferred assets are required to be used under subsection (c)(1). For purposes of this section, a contribution to a welfare benefit plan (as defined in section 419(e)(1) which is not allocated to specific benefits shall be allocated to current benefits for employees who have not retired, to reserves to the extent allowed under section 419, and then to qualified retiree health liabilities.'' (6) Section 420(e)(1)(A) of such Code is amended to read as follows: ``(A) In general.--The term `qualified current retiree health liabilities' means, with respect to any taxable year, the aggregate amounts (including administrative expenses) which would have been allowable as a deduction to the employer (whether or not subject to income tax) for such taxable year with respect to applicable health benefits provided during the taxable year if-- ``(i) such benefits were provided directly by the employer, and ``(ii) the employer used the cash receipts and disbursements method of accounting.'' (c) Amendment to ERISA.--Section 403 of the Employee Retirement Income Security Act of 1974 is amended by adding at the end thereof the following new subsection: ``(d) Use of Multiemployer Plan Contributions for Retirees Health Benefits.-- ``(1) In general.--Amounts contributed to a multiemployer pension plan shall be treated for all purposes as if they had been contributed directly by the contributing employers, pursuant to the designation of such employers, to a related retiree medical benefit plan if-- ``(A) the trustees of the multiemployer pension plan elect to transfer such amounts to such related retiree medical benefit plan; ``(B) such transfer is effected within 1 year after the close of the transfer year; ``(C) the amount transferred does not exceed the permissible amount; and ``(D) amounts transferred in accordance with this section are used exclusively to provide health benefits for individuals (and their beneficiaries) who have begun receiving benefits under the related pension plan. ``(2) Definitions.--For the purposes of this subsection-- ``(A) Permissible amount.--The term `permissible amount' means the excess of the amount of contributions made to the pension plan for the transfer year over the amount of contributions required to avoid a funding deficiency for the transfer year under section 412 of the Internal Revenue Code of 1986. ``(B) Retiree medical benefit plan.--The term `retiree medical benefit plan' means either-- ``(i) a trust described in section 501(c)(9) of such Code at least a portion of the benefits of which are provided with respect to retired participants, or ``(ii) an Internal Revenue Code section 401(h) account. ``(C) Related.--A retiree medical benefit plan is related to a pension plan if at least 75 percent of those it covers are persons who have begun receiving benefits under the pension plan or are beneficiaries of such persons. ``(D) Multiemployer.--The term `multiemployer plan' has the meaning given such term by section 3(37). ``(E) Transfer year.--The term `transfer year' means the plan year for which the transferred contributions were made to the multiemployer pension plan.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginnning after December 31, 1992.

Multiemployer Retirees Medical Equity Benefits Act of 1993 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to provide for the use of multiemployer plan contributions for retiree health benefits.

Multiemployer Retirees Medical Equity Benefits Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Success on Campus Act of 2016''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ON-CAMPUS EDUCATIONAL AND VOCATIONAL COUNSELING FOR VETERANS. (a) In General.--Chapter 36 of title 38, United States Code, is amended by inserting after section 3697A the following new section: ``Sec. 3697B. On-campus educational and vocational counseling ``(a) In General.--The Secretary shall provide educational and vocational counseling services for veterans at locations on the campuses of institutions of higher learning selected by the Secretary. Such counseling services shall be provided by employees of the Department who provide such services under section 3697A of this title. ``(b) Selection of Locations.--(1) To be selected by the Secretary under this section, an institution of higher learning shall provide an appropriate space on the campus of the institution where counseling services can be provided under this section. ``(2) In selecting locations for the provision of counseling services under this section, the Secretary shall seek to select locations where the maximum number of veterans would have access to such services. ``(c) Annual Report.--Not later than 180 days after the date of the enactment of this section, and each year thereafter, the Secretary shall submit to Congress a report on the counseling services provided under this section. Such report shall include, for the year covered by the report-- ``(1) the average ratio of counselors providing such services to veterans who received such services at each location where such services were provided; ``(2) a description of such services provided; ``(3) the recommendations of the Secretary for improving the provision of such services; and ``(4) any other matters the Secretary determines appropriate.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3697A the following new item: ``3697B. On-campus educational and vocational counseling.''. SEC. 3. CHARGE TO ENTITLEMENT FOR CERTAIN LICENSURE AND CERTIFICATION TESTS AND NATIONAL TESTS UNDER DEPARTMENT OF VETERANS AFFAIRS POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM. (a) Licensure and Certification Tests.--Section 3315(c) of title 38, United States Code, is amended by striking ``shall be determined'' and all that follows and inserting ``shall be pro-rated based on the actual amount of the fee charged for the test.''. (b) National Tests.--Section 3315A of such title is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(3) A national test that evaluates prior learning and knowledge and provides an opportunity for course credit at an institution of higher learning as so described.''; and (2) in subsection (c), by striking ``shall be determined'' and all that follows and inserting ``shall be pro-rated based on the actual amount of the fee charged for the test.''. (c) Effective Date.--The amendments made by this Act shall apply to a test taken after the date that is 90 days after the date of the enactment of this Act. SEC. 4. MODIFICATION OF PERCENTAGE INCREASE IN RATES PAYABLE UNDER DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE PROGRAMS. (a) All-Volunteer Force.--Section 3015(h)(2) of title 38, United States Code, is amended-- (1) by striking ``fiscal year 2014'' and inserting ``fiscal year 2025''; and (2) by striking ``fiscal year 2013'' and inserting ``fiscal year 2024''. (b) Survivors and Dependents.--Section 3564(b) of such title is amended-- (1) by striking ``fiscal year 2014'' and inserting ``fiscal year 2025''; and (2) by striking ``fiscal year 2013'' and inserting ``fiscal year 2024''. SEC. 5. EXTENSION OF AUTHORITY FOR VETERANS' ADVISORY COMMITTEE ON EDUCATION. Section 3692(c) of such title is amended by striking ``December 31, 2016'' and inserting ``December 31, 2021''. SEC. 6. TRAINING FOR SCHOOL CERTIFYING OFFICIALS. (a) Training Requirement.--The Secretary of Veterans Affairs shall, in consultation with the State approving agencies, set forth requirements relating to training for school certifying officials employed by covered educational institutions offering courses of education approved under chapter 36 of title 38, United States Code. If a covered educational institution does not ensure that a school certifying official employed by the educational institution meets such requirements, the Secretary may disapprove any course of education offered by such educational institution. (b) Definitions.--In this section: (1) The term ``covered educational institution'' means an educational institution that has enrolled 20 or more individuals using educational assistance under title 38, United States Code. (2) The term ``school certifying official'' means an employee of an educational institution with primary responsibility for certifying veteran enrollment at the educational institution. (3) The term ``State approving agency'' means a department or agency of a State designated under section 3671 of title 38, United States Code. SEC. 7. LIMITATION ON USE OF REPORTING FEES PAYABLE TO EDUCATIONAL INSTITUTIONS AND JOINT APPRENTICESHIP TRAINING COMMITTEES. Section 3684(c) of title 38, United States Code, is amended to read as follows: ``(c)(1) The Secretary may pay to any educational institution, or to the sponsor of a program of apprenticeship, furnishing education or training under either this chapter or chapter 31, 34, or 35 of this title, a reporting fee which will be in lieu of any other compensation or reimbursement for reports or certifications which such educational institution or joint apprenticeship training committee is required to submit to the Secretary by law or regulation. ``(2) Such reporting fee shall be computed for each calendar year by multiplying $12 by the number of eligible veterans or eligible persons enrolled under this chapter or chapter 31, 34, or 35 of this title, or $15 in the case of those eligible veterans and eligible persons whose educational assistance checks are directed in care of each institution for temporary custody and delivery and are delivered at the time of registration as provided under section 3680(d)(4) of this title, during the calendar year. The reporting fee shall be paid to such educational institution or joint apprenticeship training committee as soon as feasible after the end of the calendar year for which it is applicable. ``(3) No reporting fee payable to an educational institution under this subsection shall be subject to offset by the Secretary against any liability of such institution for any overpayment for which such institution may be administratively determined to be liable under section 3685 of this title unless such liability is not contested by such institution or has been upheld by a final decree of a court of appropriate jurisdiction. ``(4) Any reporting fee paid to an educational institution or joint apprenticeship training committee after the date of the enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 (Public Law 111-377)-- ``(A) shall be utilized by such institution or committee solely for the making of certifications required under this chapter or chapter 31, 34, or 35 of this title or for otherwise supporting programs for veterans; and ``(B) with respect to an institution that has 75 or more enrollees described in paragraph (2), may not be used for or merged with amounts available for the general fund of the educational institution or joint apprenticeship training committee. ``(5) The reporting fee payable under this subsection shall be paid from amounts appropriated for readjustment benefits.''. SEC. 8. DEPARTMENT OF VETERANS AFFAIRS INSPECTOR GENERAL HEIGHTENED SCRUTINY OF PROGRAMS OF EDUCATION. (a) In General.--Subchapter II of chapter 36 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3699. Inspector General heightened scrutiny of programs of education ``(a) Heightened Scrutiny Required.--The Inspector General of the Department shall apply heightened scrutiny to any program of education if any Federal or State agency has made a final judgment or settlement that the program of education used deceptive or misleading practices that are potentially in violation of section 3696 of this title. ``(b) Notice to Students.--(1) Upon commencement of heightened scrutiny with respect to a program of education under this section, the Secretary shall provide notice of the heightened scrutiny and the reasons for such heightened scrutiny to any individual who-- ``(A) is enrolled in a course of education approved under this chapter provided by the program of education; and ``(B) is entitled to educational assistance under the laws administered by the Secretary. ``(2) The Secretary shall provide to any individual who receives notice under this subsection advice that the individual-- ``(A) request a copy of the individual's transcript; and ``(B) seek counseling from an appropriate advisor about transferring any credits earned at the program of education. ``(c) Monitoring of Allegations.--The Secretary shall monitor allegations of deceptive and misleading practices made against programs of education offering courses of education approved for purposes of this chapter, including Federal and State investigations. The Secretary shall include information about any such allegation on the GI Bill Comparison Tool, or any similar Internet website of the Department.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to subchapter II the following new item: ``3699. Inspector General heightened scrutiny of programs of education.''. SEC. 9. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OF EDUCATION OFFERED BY INSTITUTIONS OF HIGHER LEARNING ACCUSED OF CERTAIN DECEPTIVE OR MISLEADING PRACTICES. Section 3679 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) The Secretary shall disapprove a course of education provided by an institution of higher learning if the Secretary determines pursuant to heightened scrutiny applied by the Inspector General under section 3699 of this title that the institution of higher learning has engaged in practices that are in violation of section 3696 of this title. ``(2) The Secretary shall provide counseling services to individuals enrolled in a course of education disapproved under paragraph (1) to assist such individuals in transferring to another institution of higher learning.''.

Veterans Success on Campus Act of 2016 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to: (1) provide educational and vocational counseling services for veterans at VA-selected institutions of higher learning, and (2) select locations where the maximum number of veterans would have access to such services. (Sec. 3) The bill revises the fee that is deducted from a veteran's education entitlement under the Post-9/11 educational assistance program from a monthly to a prorated fee for: (1) certain license and certification tests, and (2) national tests. (Sec. 4) The bill extends provisions requiring rounding down to the next lower dollar amount through FY2024, and rounding to the nearest whole dollar amount after FY2024, with respect to veterans educational assistance increases for: (1) the All-Volunteer Force, and (2) survivors and dependents. (Sec. 5) The Veterans' Advisory Committee on Education is extended through December 31, 2021. (Sec. 6) The VA shall, in consultation with state approving agencies, prescribe training requirements for a school certifying official (SCO) employed by a covered educational institution offering approved veterans education courses. The VA may disapprove any course of education offered by a covered educational institution that does not ensure that an SCO meets such requirements. (A covered educational institution is an institution that has enrolled 20 or more individuals using veterans educational assistance.) (Sec. 7) A reporting fee paid by the VA to an educational institution or joint apprenticeship training committee after the date of enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 with respect to an institution that has 75 or more enrollees may not be used for or merged with amounts available for the general fund of the educational institution or joint apprenticeship training committee. (Sec. 8) The VA Inspector General shall apply heightened scrutiny to any education program if any federal or state agency has made a final judgment or settlement that the program used deceptive or misleading practices that are potentially in violation of advertising, sales, and enrollment practices. The VA shall: (1) provide notice of, and the reasons for, such heightened scrutiny to an individual who is enrolled in an approved course and entitled to educational assistance; and (2) advise such individual to request a transcript and seek counseling about transferring any credits earned. The VA shall: (1) monitor allegations of deceptive and misleading practices made against educational programs; and (2) include information about any such allegation on the GI Bill Comparison Tool or any similar VA website. (Sec. 9) The VA shall: (1) disapprove a course of education provided by an institution of higher learning if the VA determines, pursuant to such heightened scrutiny, that the institution has engaged in deceptive or misleading practices; and (2) provide transfer counseling services to individuals enrolled in a disapproved course.

Veterans Success on Campus Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Benefits to Research and American Innovation through Nationality Statutes Act of 2012'' or the ``BRAINS Act''. SEC. 2. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM GRADUATES. (a) Advanced Stem Graduates.--Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: ``(6) Advanced graduates in science, technology, engineering and mathematics.-- ``(A) In general.--Notwithstanding section 201, visas shall be made available, in a number not to exceed 55,000, to qualified immigrants who-- ``(i) possess a graduate degree at the level of master's or higher in a field of science, technology, engineering, or mathematics from a United States research institution of higher education; ``(ii) earned a graduate degree by taking no greater than 25 percent of classes by correspondence (including courses offered by telecommunications) and by taking all classes while physically present in the United States; ``(iii) have an offer of employment from a United States employer in a field related to such degree; ``(iv) are the subject of an approved labor certification as required under section 212(a)(5)(A); and ``(v) will receive a wage level from the employer that is at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question. ``(B) Definitions.--In this paragraph: ``(i) Field of science, technology, engeering, or mathematics.--The term `field of science, technology, engineering, or mathematics' means a field included in the Department of Education's Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, and physical sciences. ``(ii) United states research institution of higher education.--The term `United States research institution of higher education' means an institution in the United States that-- ``(I) is described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); ``(II) is classified by the Director of the National Science Foundation as a research institution or as otherwise excelling at instruction in a field of science, technology, engineering, or mathematics; ``(III) has been in existence for at least 10 years; ``(IV) does not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any recruitment or admission activities for nonimmigrant students or in making decisions regarding the award of student financial assistance to nonimmigrant students; ``(V) is accredited by an accrediting agency recognized by the Secretary of Education; and ``(VI) is not operating for profit.''. (b) Unused Visas; Limitation to Foreign States.-- (1) Unused visas.--Section 203(b)(1) of such Act (8 U.S.C. 1153(b)(1)) is amended by striking ``(4) and (5)'' and inserting ``(4), (5) and (6)''. (2) Limitation to any single foreign state.--Section 202(a)(5)(A) of such Act (8 U.S.C. 1152(a)(5)(A)) is amended by striking ``or (5)'' and inserting ``(5), or (6)''. (c) Procedure for Granting Immigrant Status.--Section 204(a)(1)(F) of such Act (8 U.S.C. 1154(a)(1)(F)) is amended-- (1) by striking ``or 203(b)(3)'' and inserting ``203(b)(3), or 203(b)(6)''; and (2) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''. (d) Labor Certification and Qualification for Certain Immigrants.-- Section 212(a)(5) of such Act (8 U.S.C. 1182(a)(5)) is amended-- (1) in subparagraph (A)-- (A) in clause (ii)-- (i) in subclause (I), by striking ``, or'' at the end and inserting a semicolon; (ii) in subclause (II), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(III) holds a doctorate degree in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) from a United States research institution of higher education (as defined in section 203(b)(6)(B)(ii)).''; (B) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (C) by inserting after clause (ii) the following: ``(iii) Job order.-- ``(I) In general.--An employer who files an application under clause (i) shall submit a job order for the labor the alien seeks to perform to the State workforce agency in the State in which the alien seeks to perform the labor. The State workforce agency shall post the job order on its official agency website for a minimum of 30 days and not later than 3 days after receipt using the employment statistics system authorized under section 15 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.). ``(II) Links.--The Secretary of Labor shall include links to the official websites of all State workforce agencies on a single webpage of the official website of the Department of Labor.''; and (2) in subparagraph (D), by striking ``(2) or (3)'' and inserting ``(2), (3), or (6)''. (e) Further Protecting American Workers.--Section 212(p) of such Act (8 U.S.C. 1182(p)) is amended by adding at the end the following: ``(5) To satisfy the requirement under section 203(b)(6)(A)(iv), an employer must demonstrate that the total amount of compensation to be paid to the alien (including health insurance, stock options, and other benefits provided by the employer) must meet or exceed the total amount of compensation paid by the employer to all other employees with similar experience and qualifications working in the same occupational classification.''. (f) GAO Study.--Not later than June 30, 2017, the Comptroller General of the United States shall provide to the Congress the results of a study on the use by the National Science Foundation of the classification authority provided under section 203(b)(6)(B)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)(B)(ii)(II)), as added by this section. (g) Public Information.--The Secretary of Homeland Security shall make available to the public on the official website of the Department of Homeland Security, and shall update not less than monthly, the following information (which shall be organized according to month and fiscal year) with respect to aliens granted status under section 203(b)(6) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)), as added by this section: (1) The name, city, and State of each employer who petitioned pursuant to either of such paragraphs on behalf of one or more aliens who were granted status in the month and fiscal year to date. (2) The number of aliens granted status under either of such paragraphs in the month and fiscal year to date based upon a petition filed by such employer. (3) The occupations for which such alien or aliens were sought by such employer and the job titles listed by such employer on the petition. (h) Effective Date; Sunset.-- (1) Effective date.--The amendments made by this section shall take effect on October 1, 2012, and shall apply with respect to fiscal years beginning on or after such date. (2) Sunset.--The amendments made by subsections (a) through (e) shall be repealed after the 2-year period beginning on the date of the enactment of this Act. SEC. 3. STUDENT VISA REFORM. (a) In General.--Section 101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking ``an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who'' and inserting ``an alien who is a bona fide student qualified to pursue a full course of study, who (except for a student qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) at an institution of higher education) has a residence in a foreign country which the alien has no intention of abandoning, and who''. (b) Conforming Amendments.-- (1) Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking ``(other than a nonimmigrant'' and inserting ``(other than a nonimmigrant described in section 101(a)(15)(F) if the alien is qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) at an institution of higher education, other than a nonimmigrant''. (2) Section 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by inserting ``(F) (if the alien is qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) at an institution of higher education),'' before ``H(i)(b)''. SEC. 4. VISA REVALIDATION. Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) is amended-- (1) in subsection (h), in the matter preceding paragraph (1), by inserting ``except as provided under subsection (i),'' after ``Act,''; and (2) by adding at the end the following: ``(i) Visa Revalidation.--The Secretary of State shall permit an alien granted a nonimmigrant visa under subparagraph (E), (H), (I), (L), (O), or (P) of section 101(a)(15) to apply for a renewal of such visa within the United States if-- ``(1) such visa expired during the 12-month period ending on the date of such application; ``(2) the alien is seeking a nonimmigrant visa under the same subparagraph under which the alien had previously received a visa; and ``(3) the alien has complied with the immigration laws of the United States.''. SEC. 5. AGE-OUT PROTECTIONS FOR CHILDREN. Section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)) is amended by adding at the end the following-- ``(H) Rules for determining age of a child.-- ``(i) Immigrant petitions.--Notwithstanding any other provision of the Act, a determination of whether an alien is a child for the purposes of a petition under sections 204 and 209 shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security. ``(ii) Child of u.s. citizen fiance.--A determination of whether an alien is a child for the purposes of a petition under section 214 or an application for adjustment of status under section 245(d) shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien's parent as the fiance of a U.S. citizen.''. SEC. 6. RETENTION OF PRIORITY DATES. (a) In General.--Section 203(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1153(h)(3)) is amended to read follows: ``(3) Retention of priority date.--If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d), and a parent of the alien files a petition under section 204 for classification of such alien based upon a relationship described in subsection (a), the priority date for such petition shall be the original priority date issued upon receipt of the original family-based or employment-based petition for which either parent was a beneficiary.''. (b) Permanent Priority Dates.--Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following: ``(i) Permanent Priority Dates.-- ``(1) In general.--Subject to subsection (h)(3) and paragraph (2), the priority date for any petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. ``(2) Subsequent petitions.--Subject to subsection (h)(3), an alien who is the beneficiary of any petition that was approvable when filed (including self-petitioners) shall retain the priority date assigned with respect to that petition in the consideration of any subsequently filed petition (including self-petitions) of which the alien is a beneficiary.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act and shall apply to any alien who is a beneficiary of a classification petition pending on or after such date. SEC. 7. NUCLEAR FAMILY REUNIFICATIONS FOR HIGH-SKILLED WORKERS. Notwithstanding any other numerical limitation in law, the number of immigrant visas available to the spouse of an alien lawfully admitted for permanent residence pursuant to section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) shall be increased in each fiscal year by the number of aliens who were lawfully admitted for permanent residence that were removed from the United States in the preceding fiscal year.

Benefits to Research and American Innovation through Nationality Statutes Act of 2012 or the BRAINS Act - Amends the Immigration and Nationality Act to make up to 55,000 visas available to qualified immigrants who: (1) possess a graduate degree at the level of master's or higher in a field of science, technology, engineering, or mathematics (STEM degree) from a qualifying U.S. research institution of higher education; (2) earned a graduate degree by taking no greater than 25% of classes by correspondence (including courses offered by telecommunications) and by taking all classes while physically present in the United States; (3) have an employment offer from a U.S. employer in a field related to such degree; (4) are the subject of an approved labor certification; and (5) will receive a wage for such employment that is at least the actual wage paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question. Makes unused STEM visas available for other employment-based visa categories. Requires: (1) employers of foreign STEM graduates to submit a job order for the position with the appropriate state workforce agency, (2) such agency to post the position on its website for at least 30 days, and (3) employers to demonstrate that the total amount of compensation to be paid to a foreign STEM graduate meets or exceeds the total amount of compensation paid by the employer to all other employees with similar experience and qualifications working in the same occupational classification. Requires the Department of Homeland Security (DHS) to make available on its website specified information regarding foreign STEM employers, the number of aliens granted STEM status, and their occupations. Repeals such STEM and related provisions two years after enactment of this Act. Eliminates the foreign residency requirement for certain foreign students. Authorizes temporary workers (E, H, I, L O, or P visas) who have not violated their status to renew their same category visa from within the United States. States that a determination of whether an alien is a child for purposes of: (1) a petition for immigrant status or a petition for adjustment of refugee status to immigrant status shall be made using the alien's age on the date on which the petition is filed with DHS, and (2) a petition for nonimmigrant admission or an application for adjustment of status from nonimmigrant to conditional (fiance) immigrant shall be made using the alien's age on the date on which the petition is filed with DHS to classify such alien's parent as the fiance of a U.S. citizen. States that the permanent priority date for an immigrant visa petition shall be the date on which the petition is filed with DHS (or the Secretary of State, if applicable), unless such filing was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. States that an alien who is the beneficiary of any petition that was approvable when filed shall retain such petition's priority date in the consideration of any subsequently filed petition of which the alien is a beneficiary. Increases the number of immigrant visas available to the spouses of aliens lawfully admitted for permanent residence in each fiscal year by the number of aliens who were lawfully admitted for permanent residence who were removed from the United States in the preceding fiscal year.

A bill to amend the Immigration and Nationality Act to enhance national security, combat illegal immigration, and promote job creation, innovation, investment, and research in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Broadcast Ownership Opportunities Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) One of the main missions of the Federal Communications Commission, and a compelling governmental interest, is to ensure that there is a diversity of ownership and viewpoints in the broadcasting industry. (2) The Commission should continue to collect relevant data and conduct studies on such diversity and make appropriate recommendations to Congress on how to increase the number of minority- and women-owned broadcast stations. (3) Data from 2014 shows that, of the over 1,700 commercial broadcast television stations in the United States, less than 6 percent are owned by women, and less than 3 percent are minority-owned. With respect to radio stations, women owned approximately 7 percent of FM broadcast radio stations, and minorities owned less than 3 percent of such stations. (4) Women and minority ownership is 5 to 10 times higher in other industries than in the broadcasting industry. (5) During the 17 years that a minority tax certificate program was in place at the Commission (from 1978 to 1995), the Commission issued 287 certificates for radio stations and 40 certificates for television stations. (6) The Commission can also support minority- and women- owned entrants into the broadcasting industry by implementing an incubator program in which existing licensees assist new entrants in the operation of broadcast stations. SEC. 3. FCC REPORTS TO CONGRESS. (a) Biennial Report Containing Recommendations for Increasing Number of Minority- and Women-Owned Broadcast Stations.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report containing recommendations for how to increase the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women. (b) Biennial Report on Number of Minority- and Women-Owned Broadcast Stations.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report that states the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women, based on data reported to the Commission on Form 323. SEC. 4. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS FURTHERING OWNERSHIP BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS. (a) Requirements for Issuance of Certificate by FCC.-- (1) In general.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 344. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS FURTHERING OWNERSHIP BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS. ``(a) Issuance of Certificate by Commission.--Upon application by a person who engages in a sale of an interest in a broadcast station described in subsection (b), subject to the rules adopted by the Commission under subsection (c), the Commission shall issue to such person a certificate stating that such sale meets the requirements of this section. ``(b) Sales Described.--The sales described in this subsection are the following: ``(1) Sale resulting in ownership by socially and economically disadvantaged individuals.--A sale-- ``(A) of an interest in a broadcast station that, before such sale, is not owned by socially and economically disadvantaged individuals; and ``(B) that results in the station being owned by socially and economically disadvantaged individuals. ``(2) Sale by investor in station owned by socially and economically disadvantaged individuals.--In the case of a person who has contributed capital in exchange for an interest in a broadcast station that is owned by socially and economically disadvantaged individuals, a sale by such person of some or all of such interest. ``(c) Rules.--The Commission shall adopt rules for the issuance of a certificate under subsection (a) that provide for the following: ``(1) Limit on value of sale.--A limit on the value of an interest the sale of which qualifies for the issuance of such a certificate. ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned by socially and economically disadvantaged individuals. ``(3) Cumulative limit on number or value of sales.--A limit on the total number of sales or the total value of sales, or both, for which a person may be issued certificates under subsection (a). ``(4) Participation in station management by socially and economically disadvantaged individuals.--Requirements for participation by socially and economically disadvantaged individuals in the management of the broadcast station. ``(d) Annual Report to Congress.--The Commission shall submit to Congress an annual report describing the sales for which certificates have been issued under subsection (a) during the period covered by the report. ``(e) Definitions.--In this section: ``(1) Owned by socially and economically disadvantaged individuals.--The term `owned by socially and economically disadvantaged individuals' means, with respect to a broadcast station, that-- ``(A) such station is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned broadcast station, at least 51 percent of the stock of such station is owned by one or more socially and economically disadvantaged individuals; and ``(B) the management and daily business operations of such station are controlled by one or more of such individuals. ``(2) Socially and economically disadvantaged individual.-- The term `socially and economically disadvantaged individual' means an individual who is socially and economically disadvantaged. The Commission shall presume that socially and economically disadvantaged individuals include-- ``(A) Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities; and ``(B) women. ``(3) Socially disadvantaged individual.--The term `socially disadvantaged individual' means an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual. ``(4) Economically disadvantaged individual.--The term `economically disadvantaged individual' means a socially disadvantaged individual whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities, the Commission shall consider, but not be limited to, the assets and net worth of such socially disadvantaged individual.''. (2) Deadline for adoption of rules.--The Commission shall adopt rules to implement section 344 of the Communications Act of 1934, as added by paragraph (1), not later than 1 year after the date of the enactment of this Act. (3) Report to congress on program expansion.--Not later than 6 years after the date of the enactment of this Act, the Commission shall submit to Congress a report regarding whether Congress should expand section 344 of the Communications Act of 1934, as added by paragraph (1), beyond broadcast stations to cover other entities regulated by the Commission. (4) Report to congress on nexus between diversity of ownership and diversity of viewpoint.--Not later than 6 years after the date of the enactment of this Act, and not less frequently than every 5 years thereafter until the amendments made by this section cease to apply in accordance with subsection (d), the Commission shall submit to Congress a report, including supporting data, on whether there is a nexus between diversity of ownership or control of broadcast stations (including ownership or control by members of minority groups or women, or by both members of minority groups and women) and diversity of the viewpoints expressed in the matter broadcast by broadcast stations. (b) Nonrecognition of Gain or Loss for Tax Purposes.-- (1) In general.--Subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after part IV the following new part: ``PART V--SALE OF INTEREST IN CERTAIN BROADCAST STATIONS. ``SEC. 1071. NONRECOGNITION OF GAIN OR LOSS FROM SALE OF INTEREST IN CERTAIN BROADCAST STATIONS. ``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. For purposes of such section as made applicable by the provisions of this section, stock of a corporation operating a broadcast station shall be treated as property similar or related in service or use to the property so converted. The part of the gain, if any, on such sale to which section 1033 is not applied shall nevertheless not be recognized, if the taxpayer so elects, to the extent that it is applied to reduce the basis for determining gain or loss on any such sale, of a character subject to the allowance for depreciation under section 167, remaining in the hands of the taxpayer immediately after the sale, or acquired in the same taxable year. The manner and amount of such reduction shall be determined under regulations prescribed by the Secretary. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years. ``(b) Minimum Holding Period; Continued Management.--If-- ``(1) there is nonrecognition of gain or loss to a taxpayer under this section with respect to a sale of property (determined without regard to this paragraph), and ``(2) the taxpayer ceases to fulfill any requirements of the rules adopted by the Federal Communications Commission under paragraph (2) or (4) of section 344(c) of the Communications Act of 1934 (as such rules are in effect on the date of such sale), there shall be no nonrecognition of gain or loss under this section to the taxpayer with respect to such sale, except that any gain or loss recognized by the taxpayer by reason of this subsection shall be taken into account as of the date on which the taxpayer so ceases to fulfill such requirements. ``(c) Basis.--For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b).''. (2) Clerical amendment.--The table of parts for subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to part IV the following new part: ``Part V--Sale of Interest in Certain Broadcast Stations ``Section 1071. Nonrecognition of gain or loss from sale of interest in certain broadcast stations.''. (c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. (d) Sunset.--The amendments made by this section shall not apply with respect to sales of interests in broadcast stations after the date that is 16 years after the date of the enactment of this Act. SEC. 5. INCUBATOR PILOT PROGRAM. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commission shall establish a program under which the Commission may grant a waiver of paragraph (a), (b), or (c) of section 73.3555 of title 47, Code of Federal Regulations, to a licensee of a broadcast station to enable the licensee to acquire an interest that would otherwise be prohibited by such paragraph in a broadcast station that is owned by socially and economically disadvantaged individuals. (b) Report to Congress.--The Commission shall submit to Congress a report on the effectiveness of the program established under subsection (a) not later than the date that is 4 years after the date on which the Commission establishes the program under such subsection. (c) Sunset.--The Commission may not grant a waiver under subsection (a) after the date that is 5 years after the date on which the Commission establishes the program under such subsection. SEC. 6. DEFINITIONS. In this Act: (1) Broadcast station.--The term ``broadcast station'' has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153). (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Owned by socially and economically disadvantaged individuals.--The term ``owned by socially and economically disadvantaged individuals'' has the meaning given such term in section 344 of the Communications Act of 1934, as added by section 4.

Expanding Broadcast Ownership Opportunities Act of 2017 This bill amends the Communications Act of 1934 and the Internal Revenue Code to reestablish a tax certificate program under which the Federal Communications Commission (FCC) certifies a person's sale of an interest in a broadcast station to socially and economically disadvantaged minorities or women in order for the seller to elect to treat the sale as an involuntary conversion for which no gain is recognized for tax purposes or as an unrecognized gain to reduce the basis for determining gain or loss subject to an allowance for a depreciation deduction. The FCC must adopt rules for the issuance of such certificates to: (1) limit the value of an interest the sale of which qualifies for such a certificate, (2) establish a minimum holding period following the sale during which the broadcast station must remain owned by socially and economically disadvantaged individuals, (3) limit the total number or value of sales for which a person may be issued certificates, and (4) require participation by socially and economically disadvantaged individuals in the management of the broadcast station. The FCC must report on: (1) recommendations to increase the total number of broadcast stations owned or controlled by minority groups or women, (2) annual sales for which certificates have been issued, (3) whether to expand the tax certificate program beyond broadcast stations to other FCC-regulated entities, and (4) whether there is a nexus between diversity of ownership or control of broadcast stations and diversity of the viewpoints broadcast by the stations. The FCC must also establish a five-year pilot incubator program to grant waivers from ownership rules (local radio ownership rules, local television multiple ownership rules, or radio-television cross-ownership rules) to licensees to enable them to acquire an otherwise prohibited interest in a broadcast station owned by socially and economically disadvantaged individuals.

Expanding Broadcast Ownership Opportunities Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Management Improvement Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Categorical exclusion.--The term ``categorical exclusion'' means an exclusion from the requirement to prepare an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for a category of forest management activities. (2) Forest management activity.--The term ``forest management activity'' means a project or activity carried out by the Secretary on National Forest System land. (3) Forest plan.--The term ``forest plan'' means a land and resource management plan prepared by the Forest Service in accordance with section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (4) National forest system.--The term ``National Forest System'' has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. SEC. 3. CATEGORICAL EXCLUSIONS. (a) Establishment of Categorical Exclusions.-- (1) Early seral habitat creation.--A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is the creation of an early seral habitat forest. (2) Wildlife habitat improvement.--A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is the improvement of wildlife habitat. (3) Forest thinning.--A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is commercial thinning of forest stands on suited timberland, including-- (A) the incidental removal of trees for landings, skid trails, and road clearing; and (B) the construction of a temporary road that is not longer than 1 mile to carry out that commercial thinning. (4) Salvage of dead and dying trees.--A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is the salvage of trees that are dead, dying, or both, and were damaged by wind, an ice storm, fire, or another event, including-- (A) the incidental removal of trees for landings, skid trails, and road clearing; and (B) the construction of a temporary road that is not longer than 1 mile to carry out that salvage of trees. (b) Acreage Limitations.--Forest management activities using the categorical exclusions under each of paragraphs (1) through (4) of subsection (a) may be conducted on not more than 10,000 acres of National Forest System land for each categorical exclusion. (c) Extraordinary Circumstances.--The Secretary may apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use a categorical exclusion under subsection (a). (d) Consistency.--In carrying out forest management activities using the categorical exclusions under subsection (a), the Secretary shall ensure that the forest management activities are consistent with the applicable forest plans. (e) Cumulative Impacts.--The Secretary shall not be required to conduct a cumulative impact analysis in an environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a forest management activity carried out using a categorical exclusion made available to the Secretary under subsection (a) or any other provision of law (including regulations). (f) Expansion of Categorical Exclusion for Insect and Disease Infestation.-- (1) Permanent authority.--Section 602(f) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(f)) is amended by striking ``each of fiscal years 2014 through 2024.'' and inserting ``each fiscal year.''. (2) Administrative review.--Section 603 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b) is amended-- (A) in subsection (a), in the matter preceding paragraph (1), by striking ``described in subsection (b)''; (B) by striking subsection (b); (C) by redesignating subsections (c) through (g) as subsections (b) through (f), respectively; and (D) in subsection (b) (as so redesignated)-- (i) in paragraph (1), by striking ``3000'' and inserting ``10,000''; and (ii) in paragraph (2), by striking ``shall be'' in the matter preceding subparagraph (A) and all that follows through the period at the end of subparagraph (B) and inserting ``may be carried out in any area designated under section 602(b), including areas in Fire Regime Groups IV and V.''. SEC. 4. EXPEDITED ENVIRONMENTAL REVIEW. (a) Environmental Impact Statements.--In an environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest management activity, the Secretary shall be required to study, develop, and describe only the following 2 alternatives: (1) The forest management activity. (2) The alternative of no action. (b) Environmental Assessments.--In an environmental assessment prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest management activity, the Secretary shall not be required to study, develop, and describe the alternative of no action. SEC. 5. GOOD NEIGHBOR AUTHORITY. (a) In General.--Section 8206(a)(3)(B)(i) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)(3)(B)(i)) is amended by striking ``or permanent''. (b) Repeal.--Section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note) is repealed. SEC. 6. STEWARDSHIP END RESULT CONTRACTING PROJECTS. Section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) is amended-- (1) in subsection (c), by adding at the end the following: ``(8) Retention of existing wood products infrastructure.''; (2) in subsection (d)(1), by inserting ``, or lowest-cost- technically-acceptable,'' after ``best-value''; and (3) in subsection (e)(2)(A), by inserting ``, subject to the condition that 25 percent of the gross receipts shall be disbursed to the county in which the project site is located'' before ``; and''. SEC. 7. LITIGATION RELIEF. Section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516) is amended-- (1) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; (2) by inserting before subsection (b) (as so redesignated) the following: ``(a) Definition of Covered Project.--In this section, the term `covered project' means-- ``(1) with respect to a project on land of the National Forest System described in section 3(1)(A), any vegetation management project carried out by the Secretary of Agriculture, except on land on which vegetation management is prohibited by law or the applicable land and resource management plan described in section 101(13)(A); and ``(2) with respect to public lands described in section 3(1)(B), an authorized hazardous fuels reduction project conducted under this title.''; (3) in subsection (b) (as so redesignated)-- (A) by striking ``an authorized hazardous fuels reduction project conducted under this title'' and inserting ``a covered project''; and (B) by striking ``the authorized hazardous fuels reduction project'' and inserting ``the covered project''; (4) in subsection (c) (as so redesignated), by striking ``subsection (a)'' and inserting ``subsection (b)''; (5) in subsection (d) (as so redesignated)-- (A) in paragraph (1), by striking ``an authorized hazardous fuel reduction project carried out under this title'' and inserting ``a covered project''; (B) in paragraph (2)(B), by striking ``authorized hazardous fuel reduction project'' and inserting ``covered project''; and (C) in paragraph (3), in the matter preceding subparagraph (A), by striking ``an authorized hazardous fuel reduction project'' and inserting ``a covered project''; and (6) by adding at the end the following: ``(e) Forest Service Pilot Arbitration Program.-- ``(1) Establishment.-- ``(A) In general.--The Secretary of Agriculture (referred to in this subsection as the `Secretary') shall establish within the Forest Service a pilot arbitration program (referred to in this subsection as the `program') to designate any of the projects described in paragraph (2) for an alternative dispute resolution procedure to replace judicial review of the projects. ``(B) Designation process and arbitration procedure.--The Secretary shall-- ``(i) establish a process for the designation of projects and an alternative dispute resolution procedure for the program in accordance with this subsection; and ``(ii) publish in the Federal Register the process and procedure described in clause (i). ``(2) Description of projects.--The Secretary may designate for the program projects for-- ``(A) vegetation management; ``(B) forest thinning; ``(C) hazardous fuels reduction; and ``(D) any other project, as determined by the Secretary. ``(f) Costs and Fees.-- ``(1) In general.--In awarding fees or other expenses under section 2412 of title 28, United States Code, for a civil action relating to a covered project, the court shall-- ``(A) restrict the award to reasonable hourly reimbursements; and ``(B) ensure that the award is not granted to-- ``(i) a party other than a prevailing party; or ``(ii) a person that has substantial financial resources. ``(2) Regulations.--The Secretary shall promulgate regulations for what constitutes-- ``(A) reasonable hourly reimbursements under paragraph (1)(A); and ``(B) substantial financial resources under paragraph (1)(B)(ii).''.

Forest Management Improvement Act of 2017 This bill makes categorical exclusions, from requirements under the National Environmental Policy Act of 1969 (NEPA) to conduct environmental assessment and environmental impact statements, available to the Forest Service to conduct forest management activities on up to 10,000 acres of National Forest System land for each exclusion to: create early seral habitat forests; improve wildlife habitats; commercially thin forest stands on suited timberlands; and salvage trees that are dead and/or dying and were damaged by such events as wind, fire, or construction. For a forest management activity, the Forest Service: in an NEPA-prepared environmental impact statement, shall study, develop, and describe only the activity and the alternative of no action; and in an NEPA-prepared environmental assessment, shall not be required to study, develop, and describe the alternative of no action. The bill makes permanent the authority to designate, at state request, treatment areas in national forests that are experiencing an insect or disease epidemic. The bill revises authorities for watershed restoration and protection services. The Department of Agriculture shall establish a pilot arbitration program under which specified forest management projects challenged in a civil action may be designated for an alternative dispute resolution procedure instead of judicial review.

Forest Management Improvement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Local Control of Airports Act of 2016''. SEC. 2. PASSENGER FACILITY CHARGES. (a) General Authority.--Section 40117(b) of title 49, United States Code, is amended-- (1) in paragraph (1) by striking ``$1, $2, or $3'' and inserting ``any amount''; (2) by striking paragraph (4); (3) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively; (4) in paragraph (5) (as so redesignated)-- (A) by striking ``paragraphs (1) and (4)'' and inserting ``paragraph (1)''; and (B) by striking ``paragraph (1) or (4)'' and inserting ``paragraph (1)''; and (5) in paragraph (6)(A) (as so redesignated)-- (A) by striking ``paragraphs (1), (4), and (6)'' and inserting ``paragraphs (1) and (5)''; and (B) by striking ``paragraph (1) or (4)'' and inserting ``paragraph (1)''. (b) Determination of Reasonableness of Passenger Facility Charge.-- Section 40117 of title 49, United States Code, is amended by adding at the end the following: ``(n) Determination of Reasonableness of Passenger Facility Charge.-- ``(1) In general.--The Secretary shall issue a determination as to whether a passenger facility charge is reasonable, if a written complaint for such determination is filed with the Secretary by an affected passenger not later than 120 days after the charge is paid by the passenger. ``(2) Secretary's determination.--In determining under paragraph (1) whether a passenger facility charge is reasonable, the Secretary may only determine whether the charge is reasonable pursuant to paragraph (4). ``(3) Procedural regulations.--Not later than 360 days after the date of enactment of this subsection, the Secretary shall publish in the Federal Register final regulations, policy statements, or guidelines establishing the procedures for acting upon written complaints filed under paragraph (1). ``(4) Determination of reasonableness.--In determining under paragraph (1) whether a passenger facility charge is reasonable, the Secretary shall determine if the passenger facility charge is-- ``(A) excessive in relation to the benefits conferred; or ``(B) used for a purpose other than the purpose for which the charge was originally authorized. ``(5) Decisions by secretary.--The final regulations, policy statements, or guidelines required under paragraph (3) shall provide for the following: ``(A) Directions regarding an appropriate refund or credit of a passenger facility charge to a passenger who has filed with the Secretary a written complaint relating to a passenger facility charge. ``(B) Not later than 270 days after a complaint relating to a passenger facility charge is filed with the Secretary, the Secretary shall issue a written determination as to whether the passenger facility charge is reasonable. ``(C) Not later than 90 days after a complaint relating to a passenger facility charge is filed with the Secretary, the Secretary shall dismiss the complaint if no significant dispute exists or shall assign the matter to an administrative law judge. Thereafter, the matter shall be handled in accordance with part 302 of title 14, Code of Federal Regulations, or as modified by the Secretary, to ensure an orderly disposition of the matter within the 270-day period and any specifically applicable provisions of this subsection. ``(D) The administrative law judge shall issue a recommended decision within 90 days after the complaint is assigned. ``(E) If the Secretary, upon the expiration of the 270-day period, has not issued a final order, the decision of the administrative law judge shall be deemed to be the final order of the Secretary.''. SEC. 3. AIRPORT IMPROVEMENT PROGRAM. (a) Funding.--Section 48103(a) of title 49, United States Code, is amended by striking ``$3,350,000,000'' and all that follows before the period at the end and inserting ``$2,950,000,000 for each of fiscal years 2016 through 2021''. (b) Apportionments.--Section 47114 of title 49, United States Code, is amended-- (1) by striking ``$3,200,000,000'' each place it appears and inserting ``$2,950,000,000''; and (2) in subsection (f)-- (A) in paragraph (1) by striking ``paragraph (3)'' and inserting ``paragraph (4)''; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following: ``(2) In general.--Subject to paragraph (4), and in lieu of the reduction under paragraph (1), an amount that would be apportioned under this section (other than amounts apportioned under subsection (c)(2)) in a fiscal year to the sponsor of an airport having at least 1.0 percent of the total number of boardings each year in the United States and for which a charge of more than $4.50 is imposed in the fiscal year under section 40117 shall be reduced by an amount equal to-- ``(A) except as provided in subparagraph (B), 100 percent of the projected revenues from the charge in the fiscal year but not by more than 100 percent of the amount that otherwise would be apportioned under this section; or ``(B) with respect to an airport in Hawaii, 100 percent of the projected revenues from the charge in the fiscal year but not by more than 100 percent of the excess of-- ``(i) the amount that otherwise would be apportioned under this section; over ``(ii) the amount equal to the amount specified in clause (i) multiplied by the percentage of the total passenger boardings at the applicable airport that are comprised of interisland passengers.''; (D) in paragraph (3) (as so redesignated) by striking ``paragraph (1)'' and inserting ``paragraph (1) or (2)''; and (E) in paragraph (4) (as so redesignated)-- (i) in subparagraph (A)-- (I) by striking ``.25 percent'' and inserting ``1.0 percent''; and (II) by striking ``paragraph (1)'' and inserting ``paragraph (2)''; and (ii) in subparagraph (B) by striking ``fiscal year 2004'' and inserting ``fiscal year 2017 and each fiscal year thereafter''. (c) Use of Apportioned Amounts.--Section 47117(e)(1)(C) of title 49, United States Code, is amended by striking ``$3,200,000,000'' and inserting ``$2,950,000,000''. SEC. 4. REDUCTION IN AIRLINE TICKET TAX. (a) In General.--Section 4261(a) of the Internal Revenue Code of 1986 is amended by striking ``7.5 percent'' and inserting ``7.0 percent''. (b) Effective Date.--The amendment made by this section shall apply to transportation beginning after September 30, 2016, but not for amounts paid on or before such date.

Restoring Local Control of Airports Act of 2016 This bill reauthorizes through FY2021 and revises the Airport Improvement Program. Specifically, the bill: (1) eliminates the federal cap on passenger facility charges (local user fees) of $4.50 per enplanement; and (2) with respect to airports that increase such charges beyond $4.50 per enplanement, provides for corresponding reductions in program grant funding. In addition, the bill amends the Internal Revenue Code to reduce the federal airline ticket tax.

Restoring Local Control of Airports Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teaching Geography is Fundamental Act''. SEC. 2. GEOGRAPHY EDUCATION. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``PART C--GEOGRAPHY EDUCATION ``SEC. 231. FINDINGS. ``Congress makes the following findings: ``(1) Geographic literacy is essential to a well-prepared citizenry in the 21st Century because geographic factors assume greater importance as the world's economies, societies, and political structures grow more global in scale. ``(2) In a recent National Geographic-Roper 9-country survey of geographic literacy among young adults aged 18 through 24, Americans ranked second to last. Only 13 percent of young adults aged 18 through 24 in the United States were able to correctly identify Iraq on a map of Asia and the Middle East. ``(3) The economic stature and competitiveness of the United States requires increasingly sophisticated levels of geographic knowledge and mastery of geographic tools. ``(4) United States Department of Labor data identifies geotechnology as one of the 3 fastest growing employment fields serving industries such as insurance, banking, real estate, forestry, and agriculture as well as Federal, State, and local Governments. ``(5) The National Academy of Sciences urged creation of a national program to improve the geographic competence of the United States general population and the school age population. ``(6) Geography is defined as a `core academic subject' within the No Child Left Behind Act of 2001. ``(7) A recent National Geographic Society survey found that all 50 States and the District of Columbia recognize geography in their curricula or content standards, and an increasing number require geography for graduation and include geography in mandated statewide assessments. ``(8) Seven of 10 educators responding to a National Geographic survey felt their professional development opportunities in geography were inadequate and half believed their schools had inadequate basic materials for teaching geography. ``(9) The National Geographic Society has spent over 15 years pioneering an extraordinarily effective national program for improving the teaching of geography by engaging university faculty geographers and highly trained teachers in State Geographic Alliances dedicated to providing high quality professional development opportunities for kindergarten through grade 12 teachers. ``(10) More than 60 colleges and universities in all 50 States have received grants from the National Geographic Society to support State Geographic Alliances and their professional development programs. Alliance-trained kindergarten through grade 12 teachers and their higher education partners conduct workshops, develop localized teaching materials, and facilitate communication among thousands of teachers whose responsibilities include teaching of geography in various formats and grade levels. ``(11) A study by Mid-continent Research for Education and Learning that assessed student academic achievement in geography on the National Assessment of Educational Progress showed that students taught by Alliance-trained teachers outperformed other students by almost 10 percent. ``SEC. 232. PURPOSES AND OBJECTIVES. ``(a) Purpose.--The purpose of this part is to promote geographic literacy and improved understanding of global cultures among kindergarten through grade 12 students by expanding programs that employ the geographic knowledge and expertise of faculty members in institutions of higher education for the benefit of kindergarten through grade 12 teachers and to otherwise advance geographic literacy. ``(b) Objectives.--The objectives of this part are the following: ``(1) To increase students knowledge of, and achievement in, standards-based geography to enable the students to become better informed and more productive citizens. ``(2) To increase the number of highly qualified teachers of United States and world geography and to enable the teachers to improve student mastery of geographic principles and practical applications of those principles. ``(3) To encourage geographic education research, to develop and disseminate effective instructional materials, and to promote replication of best practices and exemplary programs that foster geographic literacy. ``(4) To assist States in measuring the impact of education in geography. ``(5) To leverage and expand private and public support for geography education partnerships at national, State, and local levels. ``SEC. 233. GRANT PROGRAM AUTHORIZED. ``The Secretary is authorized to award a grant to a national nonprofit education organization or a consortium of organizations (hereafter in this part referred to as the `grantee') that has as its primary purpose the improvement of the quality of student understanding of geography through effective teaching of geography in the Nation's classrooms. ``SEC. 234. USE OF FUNDS. ``(a) Direct Activities.--The grantee shall use not more than 25 percent of the funds made available through the grant for a fiscal year-- ``(1) to strengthen and expand the grantee's relationships with institutions of higher education and with State and local agencies and other public and private organizations with a commitment to geography education and the benefits of geography education; ``(2) to support and promote research-based training of teachers of geography and related disciplines in kindergarten through grade 12 as a means of broadening student knowledge of the world, including the dissemination of information on effective practices and research findings concerning the teaching of geography; ``(3) to support research on effective geography teaching practices and the development of assessment instruments and strategies to document student understanding of geography; ``(4) to convene national conferences on geography education to assess the current state of geographic literacy and to identify strategies for improvement; and ``(5) to develop and disseminate appropriate research-based materials to foster geographic literacy. ``(b) Subgrants.-- ``(1) In general.--The grantee shall use not more than 75 percent of the funds made available through the grant for a fiscal year to award subgrants to eligible recipients. ``(2) Eligible recipient defined.--In this part the term `eligible recipient' means an institution of higher education associated with-- ``(A) a State geographic alliance; ``(B) a nonprofit educational organization; ``(C) a State educational agency or local educational agency; or ``(D) a partnership between or among an alliance, organization, or agency described in subparagraph (A), (B) or (C). ``(3) Subgrant uses of funds.--Eligible recipients shall use the subgrant funds for 1 or more of the following purposes: ``(A) Conducting teacher training programs that use effective and research-based approaches to the teaching of geography at the kindergarten through grade 12 level. ``(B) Applying Geographic Information System (GIS) or other geographic technological tools to the teaching of geography. ``(C) Applying Internet and other distance leaning technology to the teaching of geography or to the continuing education of teachers. ``(D) Promoting rigorous academic standards and assessment techniques to guide and measure student performance in geography. ``(E) Promoting research in geography education, emphasizing research that leads to improving student achievement. ``(F) Carrying out local, field-based activities for teachers and students to improve their knowledge of the concepts and tools of geography while enhancing understanding of their home region. ``(G) Promoting comparative studies of world cultures, economies, and environments. ``(H) Encouraging replication of best practices and model programs to promote geographic literacy. ``(I) Developing and disseminating effective, research-based geography learning materials. ``(J) Convening State-based conferences to assess the state of geographic literacy and to identify strategies for improvement. ``SEC. 235. APPLICATIONS. ``(a) Grantee Applications.--To be eligible to receive a grant under this part, the grantee shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. ``(b) Eligible Recipient Applications.-- ``(1) Submission.--To be eligible to receive a subgrant under this part, an eligible recipient shall submit an application to the grantee at such time, in such manner and accompanied by such information as the grantee may require. ``(2) Review.-- ``(A) In general.--The grantee shall invite individuals described in subparagraph (B) to review all applications from eligible recipients for a subgrant under this section and to make recommendations to the grantee regarding the approval of the applications. ``(B) Reviewers.--The individuals referred to in subparagraph (A) are the following: ``(i) Leaders in the field of geography education. ``(ii) Such other individuals as the grantee may determine are necessary or desirable. ``SEC. 236. REQUIREMENTS. ``(a) Administrative Costs.--The grantee receiving a grant under this part for a fiscal year, and each eligible recipient receiving a subgrant under this part for a fiscal year, may use not more than 15 percent of the funds made available through the grant or subgrant, respectively, for administrative costs. ``(b) Matching Requirements.-- ``(1) In general.--In order to be eligible to receive a subgrant under this part an eligible recipient shall agree in the application submitted under section 235(b) to provide matching funds towards the costs of the activities assisted under the subgrant. ``(2) Amount.--An eligible recipient shall provide matching funds in an amount equal to 20 percent of the subgrant funds received under this part for the second and each succeeding fiscal year for which subgrant payments are made. ``(3) Source of matching funds.--Matching funds may be provided in cash or in kind, fairly evaluated, including facilities, staffing salaries, and educational materials. ``SEC. 237. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $15,000,000 for fiscal year 2006 and each of the 4 succeeding fiscal years.''.

Teaching Geography is Fundamental Act - Amends the Higher Education Act of 1965 to establish a geography education grant program under title II, Teacher Quality Enhancement. Authorizes the Secretary of Education to award a grant to a national nonprofit education organization or consortium, with 75% to be used for subgrants to institutions of higher education associated with state geographic alliances, nonprofit educational organizations, or state or local educational agencies. Requires various grantee and subgrantee activities designed to expand geographic literacy among kindergarten through grade 12 students by improving their teachers' professional development programs offered through institutions of higher education. Includes among such activities state-based conferences to assess geographic literacy and identify improvement strategies.

A bill to improve and expand geographic literacy among kindergarten through grade 12 students in the United States by improving professional development programs for kindergarten through grade 12 teachers offered through institutions of higher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Books Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) The Federal Government administers several hundred education programs annually. Of these education programs, more than 100 programs are unfunded. (2) The President has not requested funding for more than 50 such unfunded education programs nor were such programs funded in the 103rd or 104th Congress. (b) Purpose.--The purpose of this Act is to help streamline bookkeeping for the Department of Education by eliminating 69 of the existing unfunded education programs. SEC. 3. REPEAL OF CERTAIN UNFUNDED EDUCATION PROGRAMS. (a) Adult Education Act.--The following provisions are repealed: (1) Business, industry, labor, and education partnerships for workplace literacy.--Section 371 of the Adult Education Act (20 U.S.C. 1211). (2) English literacy grants.--Section 372 of the Adult Education Act (20 U.S.C. 1211a). (3) Education programs for commercial drivers.--Section 373 of the Adult Education Act (20 U.S.C. 1211b). (4) Adult literacy volunteer training.--Section 382 of the Adult Education Act (20 U.S.C. 1213a). (b) Carl D. Perkins Vocational and Applied Technology Education Act.--The following provisions are repealed: (1) Other state-administered programs.--Part B of title II of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2335 et seq.). (2) State assistance for vocational education support programs by community-based organizations.--Part A of title III of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2351 et seq.). (3) Consumer and homemaking education.--Part B of title III of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2361 et seq.). (4) Comprehensive career guidance and counseling programs.--Part C of title III of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2381 et seq.). (5) Business-labor-education partnership for training.-- Part D of title III of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2391 et seq.). (6) Supplementary state grants for facilities and equipment and other program improvement activities.--Part F of title III of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2395 et seq.). (7) Community education employment centers and vocational education lighthouse schools.--Part G of title III of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2396 et seq.). (8) Demonstration programs.--Part B of title IV of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2411 et seq.). (9) Certain bilingual programs.--Subsections (b) and (c) of section 441 of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2441). (c) Community School Partnerships.--The Community School Partnership Act (contained in part B of title V of the Improving America's Schools Act of 1994 (20 U.S.C. 1070 note) is repealed. (d) Educational Research, Development, Dissemination, and Improvement Act of 1994.--Section 941(j) of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (20 U.S.C. 6041(j)) is repealed. (e) Elementary and Secondary Education Act of 1965.--The following provisions are repealed: (1) Innovative elementary school transition projects.-- Section 1503 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6493). (2) School dropout assistance.--Part C of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7261 et seq.). (3) Impact Aid Program.--Section 8006 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7706) is repealed. (4) Special programs and projects to improve educational opportunities for indian children.--Subpart 2 of part A of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7831 et seq.). (5) Special programs relating to adult education for indians.--Subpart 3 of part A of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7851 et seq.). (6) Federal administration.--Subpart 5 of part A of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7871 et seq.). (7) Authorization of appropriations.--Subsections (b) and (c) of section 9162 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7882). (8) De lugo territorial education improvement program.-- Part H of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8221). (9) Extended time for learning and longer school year.-- Part L of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8351). (10) Territorial assistance.--Part M of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8371). (f) Family and Community Endeavor Schools.--The Family and Community Endeavor Schools Act (42 U.S.C. 13792) is repealed. (g) Goals 2000: Educate America Act.--Section 601(b) of the Goals 2000: Educate America Act (20 U.S.C. 5951(b)) is repealed. (h) Higher Education Act of 1965.--The following provisions are repealed: (1) State and local programs for teacher excellence.--Part A of title V of the Higher Education Act of 1965 (20 U.S.C. 1102 et seq.). (2) National teacher academies.--Part B of title V of the Higher Education Act of 1965 (20 U.S.C. 1103 et seq.). (3) Class size demonstration grant.--Subpart 3 of part D of title V of the Higher Education Act of 1965 (20 U.S.C. 1109 et seq.). (4) Middle school teaching demonstration programs.--Subpart 4 of part D of title V of the Higher Education Act of 1965 (20 U.S.C. 1110 et seq.). (5) Small state teaching initiative.--Subpart 3 of part F of title V of the Higher Education Act of 1965 (20 U.S.C. 1115). (6) Early childhood education training.--Subpart 5 of part F of title V of the Higher Education Act of 1965 (20 U.S.C. 1117 et seq.). (7) Grants to states for workplace and community transition training for incarcerated youth offenders.--Part E of title X of the Higher Education Act of 1965 (20 U.S.C. 1135g). (i) Higher Education Amendments of 1992.--Part E of title XV of the Higher Education Amendments of 1992 (20 U.S.C. 1070) is repealed. (j) National Literacy Act of 1991.--Section 304 of the National Literacy Act of 1991 is repealed. (k) Rehabilitation Act of 1973.--The following provisions are repealed: (1) Career advancement training consortia.--Subsection (e) of section 302 of such Act (29 U.S.C. 771a(e)). (2) Vocational rehabilitation services for individuals with disabilities.--Section 303 of such Act (29 U.S.C. 772). (3) Loan guarantees for community rehabilitation programs.--Section 304 of such Act (29 U.S.C. 773). (4) Comprehensive rehabilitation centers.--Section 305 of such Act (29 U.S.C. 775). (5) Special demonstration programs.--Subsections (b) and (e) of section 311 of such Act (29 U.S.C. 777a(b) and (e)). (6) Reader services for individuals who are blind.--Section 314 of such Act (29 U.S.C. 777d). (7) Interpreter services for individuals who are deaf.-- Section 315 of such Act (29 U.S.C. 777e). (8) Community service employment pilot programs for individuals with disabilities.--Section 611 of such Act (29 U.S.C. 795). (9) Business opportunities for individuals with disabilities.--Part D of title VI of the Rehabilitation Act of 1973 (29 U.S.C. 795r). (10) Certain demonstration activities.-- (A) Transportation service grants.--Subsection (a) of section 802 of such Act (29 U.S.C. 797a(a)). (B) Projects to achieve high quality placements.-- Subsection (b) of section 802 of such Act (29 U.S.C. 797a(b)). (C) Early intervention demonstration projects.-- Subsection (c) of section 802 of such Act (29 U.S.C. 797a(c)). (D) Transition demonstration projects.--Subsection (d) of section 802 of such Act (29 U.S.C. 797a(d)). (E) Barriers to successful rehabilitation outcomes for minorities.--Subsection (e) of section 802 of such Act (29 U.S.C. 797a(e)). (F) Studies, special projects, and demonstration projects to study management and service delivery.-- Subsection (f) of section 802 of such Act (29 U.S.C. 797a(f)). (G) National commission on rehabilitation services.--Subsection (h) of section 802 of such Act (29 U.S.C. 797a(h)). (H) Model personal assistance services systems.-- Subsection (i) of section 802 of such Act (29 U.S.C. 797a(i)). (I) Demonstration projects to upgrade worker skills.--Subsection (j) of section 802 of such Act (29 U.S.C. 797a(j)). (J) Model systems regarding severe disabilities.-- Subsection (k) of section 802 of such Act (29 U.S.C. 797a(k)). (11) Certain training activities.-- (A) Distance learning through telecommunications.-- Subsection (a) of section 803 of such Act (29 U.S.C. 797b(a)). (B) Training regarding impartial hearing officers.--Subsection (d) of section 803 of such Act (29 U.S.C. 797b(d)). (C) Recruitment and retention of urban personnel.-- Subsection (e) of section 803 of such Act (29 U.S.C. 797b(e)). (l) Stewart B. McKinney Homeless Assistance Act.--Subtitle A of title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.) is repealed. (m) Technology-Related Assistance for Individuals With Disabilities Act of 1988.--Subtitle B of title II of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 is repealed (29 U.S.C. 2241 et seq.).

Clean Books Act - Repeals certain unfunded education programs under various Federal laws. Repeals specified provisions of the Adult Education Act for: (1) business, industry, labor, and education partnerships for workplace literacy; (2) English literacy grants; (3) education programs for commercial drivers; and (4) adult literacy volunteer training. Repeals specified provisions of the Carl D. Perkins Vocational and Applied Technology Education Act for: (1) other State-administered programs; (2) State assistance for vocational education support programs by community-based organizations; (3) consumer and homemaking education; (4) comprehensive career guidance and counseling programs; (5) business-labor-education partnerships for training; (6) supplementary State grants for facilities and equipment and other program improvement activities; (7) community education employment centers and vocational education lighthouse schools; (8) demonstration programs; and (9) certain bilingual programs. Repeals the Community School Partnership Act (contained in the Improving America's Schools Act of 1994). Repeals specified provisions of the Educational Research, Development, Dissemination, and Improvement Act of 1994 for a teacher research dissemination demonstration program. Repeals provisions of the Elementary and Secondary Education Act of 1965 (ESEA) for: (1) innovative elementary school transition projects; (2) school dropout assistance; (3) impact aid program; (4) special programs and projects to improve educational opportunities for Indian children; (5) special programs relating to adult education for Indians; (6) Federal administration of such special programs, including the National Advisory Council on Indian Education; (7) the De Lugo territorial education improvement program; (8) extended time for learning and longer school year; and (9) territorial assistance. Repeals the Family and Community Endeavor Schools Act. Repeals specified provisions of the Goals 2000: Educate America Act for grants for the study, evaluation, and analysis of education systems in other nations. Repeals specified provisions of the Higher Education Act of 1965 for: (1) State and local programs for teacher excellence; (2) national teacher academies; (3) class size demonstration grants; (4) middle school teaching demonstration programs; (5) small State teaching initiative; (6) early childhood education training; and (7) grants to States for workplace and community transition training for incarcerated youth offenders. Amends the Higher Education Amendments of 1992 to eliminate the Olympic Scholarships program. Repeals specified provisions of the Rehabilitation Act of 1973 for: (1) career advancement training consortia; (2) vocational rehabilitation services for individuals with disabilities; (3) loan guarantees for community rehabilitation programs; (4) comprehensive rehabilitation centers; (5) special demonstration programs; (6) reader services for blind individuals; (7) interpreter services for deaf individuals; (8) community service employment pilot programs for individuals with disabilities; and (9) business opportunities for individuals with disabilities. Eliminates certain demonstration activities, including: (1) transportation services grants; (2) projects to achieve high quality placement; (3) early intervention demonstration projects; (4) transition demonstration projects; (5) barriers to successful rehabilitation outcomes for minorities; (6) studies, special projects, and demonstration projects to study management and service delivery; (7) the National Commission on Rehabilitation Services; (8) model personal assistance services systems; (9) demonstration projects to upgrade worker skills; and (10) model systems regarding severe disabilities. Eliminates certain training activities, including: (1) distance learning through telecommunications; (2) training regarding impartial hearing officers; and (3) recruitment and retention of urban personnel. Repeals specified provisions of the Stewart B. McKinney Homeless Assistance Act for grants to State educational agencies for programs of literacy training and academic remediation for adult homeless individuals. Repeals specified provisions of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 for various training and demonstration projects, including programs for technology training, technology transfer, device and equipment redistribution information systems and recycling centers, business opportunities for individuals with disabilities, and products of universal design.

Clean Books Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Congressional Oversight of Immigration Act''. SEC. 2. AUTHORIZATION SUNSET. The authority exercised by the Secretary of Homeland Security through U.S. Citizenship and Immigration Services on the date of the enactment of this Act shall expire on the date that is 2 years after such enactment date, unless extended by legislation. SEC. 3. PROHIBITION ON USE OF FUNDS. No funds, resources, or fees made available to the Director of U.S. Citizenship and Immigration Services by any Act for any fiscal year, including any deposits into the Immigration Examinations Fee Account established under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), may be used to implement, administer, enforce, or carry out (including through the issuance of any regulations) any of the policy changes set forth or recommended in the following documents (or any substantially similar policy changes issued or taken on or after the date of the enactment of this Act, whether set forth in memorandum, Executive order, regulation, directive, or by other action): (1) The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled ``Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens'' dated March 2, 2011. (2) The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled ``Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens'' dated June 17, 2011. (3) The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled ``Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs'' dated June 17, 2011. (4) The U.S. Citizenship and Immigration Services policy memorandum entitled ``Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens'' dated November 7, 2011. (5) The memorandum from the Principal Legal Advisor of U.S. Immigration and Customs Enforcement entitled ``Case-by-Case Review of Incoming and Certain Pending Cases'' dated November 17, 2011. (6) The recommendations included in the report from the Director of U.S. Immigration and Customs Enforcement entitled ``ICE Response to the Task Force on Secure Communities Findings and Recommendations'' dated April 27, 2012. (7) The memorandum from the Secretary of Homeland Security entitled ``Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children'' dated June 15, 2012. (8) The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled ``Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local, and Tribal Criminal Justice Systems'' dated December 21, 2012. (9) The U.S. Citizenship and Immigration Services policy memorandum entitled ``Adjudication of Adjustment of Status Applications for Individuals Admitted to the United States Under the Visa Waiver Program'' dated November 14, 2013. (10) The memorandum from the Secretary of Homeland Security entitled ``Policies for the Apprehension, Detention and Removal of Undocumented Immigrants'' dated November 20, 2014. (11) The memorandum from the Secretary of Homeland Security entitled ``Secure Communities'' dated November 20, 2014. (12) The memorandum from the Secretary of Homeland Security entitled ``Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents'' dated November 20, 2014. (13) The memorandum from the Secretary of Homeland Security entitled ``Expansion of the Provisional Waiver Program'' dated November 20, 2014. (14) The memorandum from the Secretary of Homeland Security entitled ``Policies Supporting U.S. High-Skilled Businesses and Workers'' dated November 20, 2014. (15) The memorandum from the Secretary of Homeland Security entitled ``Families of U.S. Armed Forces Members and Enlistees'' dated November 20, 2014. (16) The memorandum from the Secretary of Homeland Security entitled ``Directive to Provide Consistency Regarding Advance Parole'' dated November 20, 2014. (17) The memorandum from the Secretary of Homeland Security entitled ``Policies to Promote and Increase Access to U.S. Citizenship'' dated November 20, 2014. (18) The memorandum from the President entitled ``Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century'' dated November 21, 2014. (19) The memorandum from the President entitled ``Creating Welcoming Communities and Fully Integrating Immigrants and Refugees'' dated November 21, 2014.

Ensuring Congressional Oversight of Immigration Act This bill terminates the authority exercised by the Department of Homeland Security (DHS) through U.S. Citizenship and Immigration Services (USCIS) two years after enactment of this Act, unless extended by legislation. No funds, fees, or resources available to USCIS may be used to implement specified immigration-related memoranda from the President, DHS, USCIS, or U.S. Immigration and Customs Enforcement.

Ensuring Congressional Oversight of Immigration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Welfare Accountability and Transparency Act''. SEC. 2. PUBLIC AVAILABILITY OF REGULATORY RECORDS. Notwithstanding any other provision of law, not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture (referred to in this section as the ``Secretary'') shall maintain and promptly make available to the public in an online searchable database in a machine-readable format on the website of the Department of Agriculture information relating to the administration of the Animal Welfare Act (7 U.S.C. 2131 et seq.) and the Horse Protection Act (15 U.S.C. 1821 et seq.), including-- (1) the entirety of each report of any inspection conducted, and record of any enforcement action taken, under-- (A) either of those Acts; or (B) any regulation issued under those Acts; (2) with respect to the Animal Welfare Act-- (A) the entirety of each annual report submitted by a research facility under section 13 of that Act (7 U.S.C. 2143); and (B) the name, address, and license or registration number of each research facility, exhibitor, dealer, and other person or establishment-- (i) licensed by the Secretary under section 3 or 12 of that Act (7 U.S.C. 2133, 2142); or (ii) registered with the Secretary under section 6 of that Act (7 U.S.C. 2136); and (3) with respect to the Horse Protection Act, the name and address of-- (A) any person that is licensed to conduct any inspection under section 4(c) of that Act (15 U.S.C. 1823(c)); or (B) any organization or association that is licensed by the Department of Agriculture to promote horses through-- (i) the showing, exhibiting, sale, auction, or registry of horses; or (ii) the conduct of any activity that contributes to the advancement of horses. SEC. 3. USE OF ALTERNATIVE DEPRECIATION SYSTEM FOR TAXPAYERS VIOLATING CERTAIN ANIMAL PROTECTION RULES. (a) In General.--Section 168(g)(1) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (D), by inserting ``and'' at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph: ``(F) any property placed in service by a disqualified taxpayer during an applicable period,''. (b) Definitions.--Section 168(g) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Disqualified taxpayer; applicable period.--For purposes of paragraph (1)(F)-- ``(A) Disqualified taxpayer.-- ``(i) In general.--The term `disqualified taxpayer' means any taxpayer if such taxpayer-- ``(I) has been assessed a civil penalty under section 19(b) of the Animal Welfare Act (7 U.S.C. 2149(b)) or section 6(b) of the Horse Protection Act (15 U.S.C. 1825(b)) and either the period for seeking judicial review of the final agency action has lapsed or there has been a final judgment with respect to an appeal of such assessment, or ``(II) has been convicted under section 19(d) of the Animal Welfare Act (7 U.S.C. 2149(d)) or section 6(a) of the Horse Protection Act (15 U.S.C. 1825(a)) and there is a final judgment with respect to such conviction. ``(ii) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one taxpayer for purposes of this subparagraph. ``(B) Applicable period.--The term `applicable period' means, with respect to any violation described in subparagraph (A), the 5-taxable-year period beginning with the taxable year in which the period for seeking judicial review of a civil penalty described in subparagraph (A)(i) has lapsed or in which there has been a final judgment entered with respect to the violation, whichever is earlier.''. (c) Conforming Amendment.--The last sentence of section 179(d)(1) is amended by inserting ``or any property placed in service by a disqualified taxpayer (as defined in section 168(g)(8)(A)) during an applicable period (as defined in section 168(g)(8)(B))'' after ``section 50(b)''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this section.

Animal Welfare Accountability and Transparency Act This bill requires the Department of Agriculture (USDA) to maintain and publicly disclose records relating to the administration of the Animal Welfare Act and the Horse Protection Act, including specified details regarding inspections, enforcement actions, regulations, registrations, and licenses under the two laws. Within 90 days of the enactment of this bill, USDA must make the records available to the public in an online searchable database in a machine-readable format on its website. The bill also amends the Internal Revenue Code to require a taxpayer who has been convicted or assessed civil penalties for violating certain provisions of the Animal Welfare Act or the Horse Protection Act to use the alternative depreciation system that increases the number of years over which property is depreciated. The taxpayer must use the system for any property placed in service during the five-year period beginning with the year in which the period for seeking judicial review of a civil penalty has lapsed or in which there has been a final judgment entered with respect to the violation, whichever is earlier.

Animal Welfare Accountability and Transparency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethiopia Democracy and Accountability Act of 2007''. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States to-- (1) support the advancement of human rights, democracy, independence of the judiciary, freedom of the press, peacekeeping capacity building, and economic development in the Federal Democratic Republic of Ethiopia; (2) seek the unconditional release of all political prisoners and prisoners of conscience in Ethiopia; (3) foster stability, democracy, and economic development in the region; (4) support humanitarian assistance efforts, especially in the Ogaden region; (5) collaborate with Ethiopia in the Global War on Terror; and (6) strengthen United States-Ethiopian relations based on the policy objectives specified in paragraphs (1) through (5). SEC. 3. SUPPORT FOR HUMAN RIGHTS IN ETHIOPIA. The Secretary of State shall-- (1) provide financial support to local and national human rights groups and other relevant civil society organizations to help strengthen human rights monitoring and regular reporting on human rights conditions in Ethiopia; (2) provide legal support, as needed, for political prisoners and prisoners of conscience in Ethiopia and assist local, national, and international groups that are active in monitoring the status of political prisoners and prisoners of conscience in Ethiopia; (3) seek to promote and bolster the independence of the Ethiopian judiciary through-- (A) facilitation of joint discussions between court personnel, officials from the Ethiopian Ministry of Justice, relevant members of the legislature, and civil society representatives on international human rights standards; and (B) encouraging exchanges between Ethiopian and United States jurists, law schools, law professors, and law students, especially in legal fields such as constitutional law, role of the judiciary, due process, political and voting rights, criminal law and procedure, and discrimination; (4) establish a program, in consultation with Ethiopian civil society, to provide for a judicial monitoring process, consisting of indigenous organizations, international organizations, or both, to monitor judicial proceedings throughout Ethiopia, with special focus on unwarranted government intervention on matters that are strictly judicial in nature, and to report on actions needed to strengthen an independent judiciary; (5) establish a program, in consultation with Ethiopian civil society, and provide support to other programs, to strengthen independent media in Ethiopia, including training, and technical support; (6) expand the Voice of America's Ethiopia program; (7) support efforts of the international community to gain full and unfettered access to the Ogaden region for-- (A) humanitarian assistance organizations; and (B) independent human rights experts; and (8) work with appropriate departments and agencies of the Government of the United States and appropriate officials of foreign governments-- (A) to identify members of the Mengistu Haile Mariam regime and officials of the current Government of Ethiopia who were engaged in gross human rights violations, including those individuals who may be residing in the United States; and (B) to support and encourage the prosecution of individuals identified under subparagraph (A) in the United States or Ethiopia. SEC. 4. SUPPORT FOR DEMOCRATIZATION IN ETHIOPIA. (a) Strengthening Local, Regional, and National Democratic Processes.--The Secretary of State shall-- (1) provide assistance to strengthen local, regional, and national parliaments and governments in Ethiopia, as needed; (2) establish a program focused on reconciliation efforts between the Government of Ethiopia and political parties, including in minority communities, in preparation for negotiation and for participation in the political process; and (3) provide training for civil society groups in election monitoring in Ethiopia. (b) Democracy Enhancement.-- (1) Assistance.--United States technical assistance for democracy promotion in Ethiopia should be made available to all political parties and civil society groups in Ethiopia. (2) Restriction.-- (A) In general.--Nonessential United States assistance shall not be made available to the Government of Ethiopia if the Government of Ethiopia acts to obstruct United States technical assistance to advance human rights, democracy, independence of the judiciary, freedom of the press, economic development, and economic freedom in Ethiopia. (B) Definition.--In this paragraph, the term ``nonessential United States assistance'' means assistance authorized under any provision of law, other than humanitarian assistance, food aid programs, assistance to combat HIV/AIDS and other health care assistance, peacekeeping assistance, and counter- terrorism assistance. SEC. 5. ENSURING GOVERNMENT SUPPORT FOR HUMAN RIGHTS, DEMOCRACY, AND ECONOMIC DEVELOPMENT IN ETHIOPIA. (a) Limitation on Security Assistance; Travel Restrictions.-- (1) Limitation on security assistance.-- (A) In general.--Except as provided in subparagraph (B), security assistance shall not be provided to Ethiopia until such time as the certification described in paragraph (3) is made in accordance with such paragraph. (B) Exception.--Subparagraph (A) shall not apply with respect to peacekeeping assistance, counter- terrorism assistance, or international military education and training for civilian personnel under section 541 of the Foreign Assistance Act of 1961 (commonly referred to as ``Expanded IMET''). Peacekeeping or counter-terrorism assistance provided to Ethiopia shall not be used for any other security- related purpose or to provide training to security personnel or units against whom there is credible evidence of gross human rights abuses or violations. (2) Travel restrictions.--Beginning on the date that is 60 days after the date of the enactment of this Act and until such time as the certification described in paragraph (3) is made in accordance with such paragraph, the President shall deny a visa and entry into the United States to-- (A) any official of the Government of Ethiopia-- (i) who has been involved in giving orders to use lethal force against peaceful demonstrators or police officers in Ethiopia; or (ii) against whom there is credible evidence of gross human rights abuses or violations; (B) security personnel of the Government of Ethiopia who were involved in the June or November 2005 shootings of demonstrators; (C) security personnel responsible for murdering Etenesh Yemam; and (D) security personnel responsible for murdering prisoners at Kaliti prison in the aftermath of the election violence in 2005. (3) Certification.--The certification described in this paragraph is a certification by the President to Congress that the Government of Ethiopia is making credible, quantifiable efforts to ensure that-- (A) all political prisoners and prisoners of conscience in Ethiopia have been released, their civil and political rights restored, and their property returned; (B) prisoners held without charge or kept in detention without fair trial in violation of the Constitution of Ethiopia are released or receive a fair and speedy trial, and prisoners whose charges have been dismissed or acquitted and are still being held are released without delay; (C) the Ethiopian judiciary is able to function independently and allowed to uphold the Ethiopian Constitution and international human rights standards; (D) security personnel involved in the unlawful killings of demonstrators and others, including Etenesh Yemam, and Kaliti prisoners are held accountable; (E) family members, friends, legal counsel, medical personnel, human rights advocates, and others have access, consistent with international law, to visit detainees in Ethiopian prisons; (F) print and broadcast media in Ethiopia are able to operate free from undue interference and laws restricting media freedom, including sections of the Ethiopian Federal Criminal Code, are revised; (G) licensing of independent radio and television in Ethiopia is open and transparent; (H) Internet access is not restricted by the government and the ability of citizens to freely send and receive electronic mail and otherwise obtain information is guaranteed; (I) the National Election Board (NEB) includes representatives of political parties with seats in the Ethiopian Parliament and the NEB functions independently in its decision-making; (J) representatives of international human rights organizations engaged in human rights monitoring work, humanitarian aid work, or investigations into human rights abuses in Ethiopia are admitted to Ethiopia and allowed to undertake their work in all regions of the country without undue restriction; and (K) Ethiopian human rights organizations are able to operate in an environment free of harassment, intimidation, and persecution. (4) Waiver.-- (A) In general.--The President may waive the application of paragraph (1) or (2) on a case-by-case basis if the President determines that such a waiver is in the national security interests of the United States. (B) Notification.--Prior to granting a waiver under the authority of subparagraph (A), the President shall transmit to Congress a notification that includes the reasons for the waiver. (b) Treatment of Political Prisoners and Prisoners of Conscience.-- (1) In general.--The President, the Secretary of State, and other relevant officials of the Government of the United States shall call upon the Government of Ethiopia to immediately-- (A) release any and all remaining political prisoners and prisoners of conscience, especially prisoners held without charge; and (B) allow full and unfettered access to the Ogaden region by humanitarian aid organizations and international human rights investigators. (2) Torture victim relief.--While it is the responsibility of the Government of Ethiopia to compensate the victims of unlawful imprisonment and torture and their families for their suffering and losses, the President shall provide assistance for the rehabilitation of victims of torture in Ethiopia at centers established for such purposes pursuant to section 130 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152). (c) Sense of Congress.--It is the sense of Congress that the Government of the United States should-- (1) encourage the Government of Ethiopia to enter into discussions with opposition political groups interested in reconciliation in order to bring such groups into full participation in the political and economic affairs of Ethiopia, including their legalization as political parties, and provide such assistance as is warranted and necessary to help achieve the goal described in this paragraph; and (2) provide assistance to promote the privatization of government owned or controlled industries and properties in Ethiopia. SEC. 6. SUPPORT FOR ECONOMIC DEVELOPMENT IN ETHIOPIA. (a) Resource Policy Assistance.--The President, acting through the Administrator of the United States Agency for International Development and in cooperation with the World Bank and other donors, shall provide assistance, as needed, for sustainable development of Ethiopia's Nile and Awash River resources, including assistance to help Ethiopia with the technology necessary for the construction of irrigation systems and hydroelectric power that might prevent future famine. (b) Health Care Assistance.--The President, acting through the Administrator of the United States Agency for International Development, shall provide material support to hospitals, clinics, and health care centers in Ethiopia, especially hospitals, clinics, and health care centers in rural areas. SEC. 7. REPORT. Not later than 180 days after the date of the enactment of this Act, the President shall transmit to Congress a report on the implementation of this Act, including a description of a comprehensive plan to address issues of security, human rights, including in the Ogaden region, democratization, and economic freedom that potentially threaten the stability of Ethiopia. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $20,000,000 for each of the fiscal years 2008 and 2009. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended. Passed the House of Representatives October 2, 2007. Attest: LORRAINE C. MILLER, Clerk.

Ethiopia Democracy and Accountability Act of 2007 - (Sec. 2) States that is U.S. policy to: (1) support human rights, democracy, independence of the judiciary, freedom of the press, peacekeeping capacity building, and economic development in the Federal Democratic Republic of Ethiopia; (2) collaborate with Ethiopia in the Global War on Terror; (3) seek the release of all political prisoners and prisoners of conscience in Ethiopia; (4) foster stability, democracy, and economic development in the region; (5) support humanitarian assistance efforts, especially in the Ogaden region; and (6) strengthen U.S.-Ethiopian relations. (Sec. 3) Directs the Secretary of State to take specified actions to support human rights and democratization in Ethiopia. (Sec. 5) Prohibits until the President makes specified congressional certifications: (1) security assistance to Ethiopia, with exceptions for peacekeeping, military education and training for civilian personnel, or counter-terrorism assistance; and (2) U.S. entry of any Ethiopian official involved in giving orders to use lethal force against peaceful demonstrators or accused of gross human rights violations, and government security personnel involved in specified shootings of demonstrators or prisoners, or murdering Etenesh Yemam. Authorizes the President, after congressional notification, to waive such prohibitions for national security purposes. Directs the President, the Secretary, and other relevant U.S. government officials to call upon the government of Ethiopia to: (1) release all remaining political prisoners and prisoners of conscience, especially prisoners held without charge; and (2) allow full access to the Ogaden region by humanitarian aid organizations and international human rights investigators. Directs the President to provide assistance for the rehabilitation of Ethiopian torture victims. Expresses the sense of Congress that the U.S. government should: (1) encourage the government of Ethiopia to enter into discussions with peaceful political groups to bring them into full participation in Ethiopia's political and economic affairs; and (2) provide necessary assistance to help achieve such goal. (Sec. 6) Directs the President to provide Ethiopia with assistance to: (1) develop Ethiopia's Nile and Awash River resources, including assistance for the construction of irrigation systems and hydroelectric power that might prevent future famine; and (2) support hospitals, clinics, and health care centers, especially in rural areas. (Sec. 7) Directs the President to report to Congress respecting implementation of this Act. (Sec. 8) Authorizes FY2008-FY2009 appropriations.

To encourage and facilitate the consolidation of peace and security, respect for human rights, democracy, and economic freedom in Ethiopia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ultrasound Informed Consent Act''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXX--INFORMED CONSENT ``SEC. 3001. DEFINITIONS. ``In this title: ``(1) Abortion.--The term `abortion' means the intentional use or prescription of any instrument, medicine, drug, or any other substance or device or method to terminate the life of an unborn child, or to terminate the pregnancy of a woman known to be pregnant with an intention other than-- ``(A) to produce a live birth and preserve the life and health of the child after live birth; or ``(B) to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. ``(2) Abortion provider.--The term `abortion provider' means any person legally qualified to perform an abortion under applicable Federal and State laws. ``(3) Unborn child.--The term `unborn child' means a member of the species homo sapiens, at any stage of development prior to birth. ``(4) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority. ``(5) Unemancipated minor.--The term `unemancipated minor' means a minor who is subject to the control, authority, and supervision of his or her parents or guardians, as determined under State law. ``SEC. 3002. REQUIREMENT OF INFORMED CONSENT. ``(a) Requirement of Compliance by Providers.--Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion, shall comply with the requirements of this title. ``(b) Performance and Review of Ultrasound.--Prior to a woman giving informed consent to having any part of an abortion performed, the abortion provider who is to perform the abortion, or certified technician working in conjunction with the provider, shall-- ``(1) perform an obstetric ultrasound on the pregnant woman; ``(2) provide an explanation of the results of the ultrasound; ``(3) display the ultrasound images so that the pregnant woman may view them; and ``(4) provide a medical description of the ultrasound images, which shall include the dimensions of the embryo or fetus, cardiac activity if present and viable, and the presence of external members and internal organs, if present and viewable. ``(c) No Requirement To View Ultrasound Images.--Nothing in this section shall be construed to require a woman to view the ultrasound images. Neither the abortion provider nor the woman shall be subject to any penalty if she refuses to look at the presented ultrasound images. ``SEC. 3003. EXCEPTION FOR MEDICAL EMERGENCIES. ``(a) Exception.--The provisions of section 3002 shall not apply to an abortion provider in the case that the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(b) Certification.-- ``(1) In general.--Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall certify the specific medical conditions that support such determination and include such certification in the medical file of the pregnant woman. ``(2) False statements.--An abortion provider who willfully falsifies a certification under paragraph (1) shall be subject to all the penalties provided for under section 3004 for failure to comply with this title. ``SEC. 3004. PENALTIES FOR FAILURE TO COMPLY. ``(a) In General.--An abortion provider who willfully fails to comply with the provisions of this title shall be subject to civil penalties in accordance with this section in an appropriate Federal court. ``(b) Commencement of Action.--The Attorney General may commence a civil action under this section. ``(c) First Offense.--Upon a finding by a court that a respondent in an action commenced under this section has knowingly violated a provision of this title, the court shall notify the appropriate State medical licensing authority and shall assess a civil penalty against the respondent in an amount not to exceed $100,000. ``(d) Second and Subsequent Offenses.--Upon a finding by a court that the respondent in an action commenced under this section has knowingly violated a provision of this title and the respondent has been found to have knowingly violated a provision of this title on a prior occasion, the court shall notify the appropriate State medical licensing authority and shall assess a civil penalty against the respondent in an amount not to exceed $250,000. ``(e) Private Right of Action.--A pregnant woman upon whom an abortion has been performed in violation of this title, or the parent or legal guardian of such a woman if she is an unemancipated minor, may commence a civil action against the abortion provider for any willful violation of this title for actual and punitive damages.''. SEC. 3. PREEMPTION. Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect greater disclosure requirements regarding abortion than those provided under this Act and the amendments made by this Act. SEC. 4. SEVERABILITY. The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated.

Ultrasound Informed Consent Act - Amends the Public Health Service Act to require abortion providers, before a woman gives informed consent to any part of an abortion, to perform an obstetric ultrasound on the pregnant woman, explain the results, display the ultrasound images so the woman may view them, and provide a medical description of the ultrasound images, including the dimensions of the embryo or fetus and the presence of external members and internal organs, if present and viewable. Provides for: (1) civil penalties for willful failure to comply; and (2) a medical emergency exception. Prohibits construing this Act to require a woman to view the images or penalizing the physician or the woman if she refuses to look at the images.

To ensure that women seeking an abortion receive an ultrasound and the opportunity to review the ultrasound before giving informed consent to receive an abortion.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Health Payment Improvement Act of 1999''. SEC. 2. ELIMINATION OF SCHEDULED 15 PERCENT REDUCTION. (a) Prospective Payment System.-- (1) In general.--Section 1895(b)(3)(A) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)) is amended-- (A) in clause (i)-- (i) by striking ``but if the reduction in limits described in clause (ii) had been in effect''; and (ii) by striking ``(i) In general.--'' and adjusting the margin accordingly; and (B) by striking clause (ii). (2) Conforming amendment.--Section 1895(d)(3) of such Act (42 U.S.C. 1395fff(d)(3)) is amended by striking ``(including the reduction described in clause (ii) of such subsection)''. (b) Interim Payment System.--Section 4603 of the Balanced Budget Act of 1997 (Public Law 105-33), as amended by section 5101(c)(3) of the Tax and Trade Relief Extension Act of 1998 (Public Law 105-277), is amended by striking subsection (e). SEC. 3. EXTENSION OF REPAYMENT PERIOD FOR OVERPAYMENTS. (a) 60-Month Repayment Period.--In the case of an overpayment by the Secretary of Health and Human Services to a home health agency for home health services furnished under the medicare program during a cost reporting period beginning on or after October 1, 1997, as a result of payment limitations provided for under clause (v), (vi), or (viii) of section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), the home health agency may elect to repay the amount of such overpayment over a 60-month period beginning on the date of notification of such overpayment. (b) Interest on Overpayment Amounts.-- (1) 60-month grace period.-- (A) In general.--In the case of an agency that makes an election under subsection (a), no interest shall accrue on the outstanding balance of the amount of overpayment during such 60-month period. (B) Overdue balances.--In the case of such an agency, interest shall accrue on any outstanding balance of the amount of overpayment after termination of such 60-month period. Interest shall accrue under this subparagraph at the rate of interest charged by banks for loans to their most favored commercial customers, as published in the Wall Street Journal on the Friday immediately following the date of the enactment of this Act. (2) Other agencies.--In the case of an agency described in subsection (a) that does not make an election under subsection (a), interest shall accrue on the outstanding balance of the amount of overpayment at the rate described in the second sentence of paragraph (1)(B). (c) Termination.--No election under subsection (a) may be made for cost reporting periods, or portions of cost reporting periods, beginning on or after the date of the implementation of the prospective payment system for home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff). (d) Effective Date.--The provisions of this section shall take effect as if included in the enactment of the Balanced Budget Act of 1997. SEC. 4. REPORT TO CONGRESS ON ADMINISTRATIVE BURDENS ON MEDICARE HOME HEALTH AGENCIES IN COMPLYING WITH OUTCOME AND ASSESSMENT INFORMATION SET (OASIS) REQUIREMENT. (a) Report to Congress.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress and the Comptroller General of the United States a report describing costs incurred by medicare home health agencies in complying with the data collection requirement of patients of such agencies under the Outcome and Assessment Information Set (OASIS) standard as part of the comprehensive assessment of patients. (b) GAO Audit.--The Comptroller General of the United States shall conduct an independent audit of the costs described in subsection (a). Not later than 180 days after receipt of the report under subsection (a), the Comptroller General shall submit to Congress a report describing the Comptroller General's findings with respect to such audit, and shall include comments on the report submitted to Congress by the Secretary of Health and Human Services under subsection (a). (c) Definitions.--In this section: (1) Comprehensive assessment of patients.--The term ``comprehensive assessment of patients'' means the rule published by the Health Care Financing Administration that requires, as a condition of participation in the medicare program, a home health agency to provide a patient-specific comprehensive assessment that accurately reflects the patient's current status and that incorporates the Outcome and Assessment Information Set (OASIS). (2) Outcome and assessment information set.--The term ``Outcome and Assessment Information Set'' means the standard provided under the rule relating to data items that must be used in conducting a comprehensive assessment of patients. SEC. 5. ELIMINATION OF INCREMENTAL BILLING REQUIREMENT. (a) In General.--Section 1895(c)(2) of the Social Security Act (42 U.S.C. 1395fff(c)(2)) is amended by striking ``, as measured in 15 minute increments.'' and inserting a period. (b) Effective Date.--The amendment made by subsection (a) takes effect as if included in the enactment of the Balanced Budget Act of 1997 (Public Law 105-33).

Allows home health agencies to elect to repay certain overpayments made by the Secretary of Health and Human Services over a 60-month no- interest grace period. Makes such an election effective as if included in BBA '97. Directs the Secretary to report to Congress and the Comptroller General (CG) on the costs incurred by Medicare home health agencies in complying with the Outcome and Assessment Information Set (OASIS) patient data collection requirement. Requires the CG to conduct an independent audit of such costs for a report to Congress. Amends SSA title XVIII to eliminate the incremental billing requirement with respect to home health service visits under the Medicare program.

Medicare Home Health Payment Improvement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Ballistic Missile Prevention and Sanctions Act of 2016''. SEC. 2. SANCTIONS ON PERSONS THAT TRANSFER TO OR FROM IRAN ADVANCED CONVENTIONAL WEAPONS OR BALLISTIC MISSILES, OR TECHNOLOGY, PARTS, COMPONENTS, OR TECHNICAL INFORMATION RELATED TO ADVANCED CONVENTIONAL WEAPONS OR BALLISTIC MISSILES. (a) In General.--The President shall impose 5 or more of the sanctions described in subsection (b)(1) with respect to a person if the President determines that the person knowingly, on or after the date of enactment of this Act, transfers to or from Iran advanced conventional weapons or ballistic missiles, or technology, parts, components, or technical information related to advanced conventional weapons or ballistic missiles. For purposes of this section, any person or entity described in this subsection shall be referred to as a ``sanctioned person''. (b) Sanctions.-- (1) In general.--The sanctions to be imposed on a sanctioned person under subsection (a) are as follows: (A) Export-import bank assistance for exports to sanctioned persons.--The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to any sanctioned person. (B) Export sanction.--The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to a sanctioned person under-- (i) the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act); (ii) the Arms Export Control Act; (iii) the Atomic Energy Act of 1954; or (iv) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (C) Loans from united states financial institutions.--The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $10,000,000 in any 12-month period unless such person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. (D) Prohibitions on financial institutions.--The following prohibitions may be imposed against a sanctioned person that is a financial institution: (i) Prohibition on designation as primary dealer.--Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments. (ii) Prohibition on service as a repository of government funds.--Such financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. The imposition of either sanction under clause (i) or (ii) shall be treated as 1 sanction for purposes of subsection (a), and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of subsection (a). (E) Procurement sanction.--The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person. (F) Foreign exchange.--The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any interest. (G) Banking transactions.--The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the sanctioned person. (H) Property transactions.--The President may, pursuant to such regulations as the President may prescribe, prohibit any person from-- (i) acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the sanctioned person has any interest; (ii) dealing in or exercising any right, power, or privilege with respect to such property; or (iii) conducting any transaction involving such property. (I) Ban on investment in equity or debt of sanctioned person.--The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of a sanctioned person. (J) Exclusion of corporate officers.--The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a sanctioned person. (K) Sanctions on principal executive officers.--The President may impose on the principal executive officer or officers of any sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this paragraph. (2) Inclusion of list of specially designated nationals and blocked persons.--The President shall, pursuant to Executive Order 12938 and 13382, include a person who is a sanctioned person under subsection (a) on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. (c) Waiver.--The President may waive the application of sanctions under this section, on a case by case basis, if the President determines it is in the national security interests of the United States to do so and, not less than 15 days in advance of the issuance of such waiver, submits to Congress justification of the waiver in writing (d) Definitions.--In this section, the terms ``financial institution'', ``Iran'', ``knowingly'', ``person'', and ``United States person'' have the meanings given such terms in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. note).

Iran Ballistic Missile Prevention and Sanctions Act of 2016 This bill directs the President to impose five or more sanctions with respect to a person (or an entity) that knowingly transfers to or from Iran advanced conventional weapons or ballistic missiles, or technology, parts, components, or technical information related to advanced conventional weapons or ballistic missiles. Sanctions may include: prohibitions on Export-Import Bank assistance, prohibitions on loans from U.S. financial institutions and other financial services, prohibitions on foreign exchange and other banking transactions, prohibitions on property transactions, prohibitions on exports and federal procurement, prohibitions on equity and debt investment, U.S. exclusion of corporate officers, and imposition of sanctions on principal executive officers. The President shall include a sanctioned person on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Assets Control. The President may, with prior congressional notice, waive the application of sanctions on a case-by-case basis if in the U.S. national security interests.

Iran Ballistic Missile Prevention and Sanctions Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Cloning Prohibition Act of 2105''. SEC. 2. FINDINGS. Congress finds that-- (1) some individuals have announced that they will continue attempts to clone human beings using the technique known as somatic cell nuclear transfer already used with limited success in sheep and other animals; (2) nearly all scientists agree that such attempts pose a massive risk of producing children who are stillborn, unhealthy, or severely disabled, and considered opinion is virtually unanimous that such attempts are therefore grossly irresponsible and unethical; (3) efforts to create human beings by cloning mark a new and decisive step toward turning human reproduction into a manufacturing process in which children are made in laboratories to preordained specifications and, potentially, in multiple copies; (4) because it is an asexual form of reproduction, cloning confounds the meaning of ``father'' and ``mother'' and confuses the identity and kinship relations of any cloned child, and thus threatens to weaken existing notions regarding who bears which parental duties and responsibilities for children; (5) because cloning requires no personal involvement by the person whose genetic material is used, cloning could easily be used to reproduce living or deceased persons without their consent; (6) creating cloned live-born human children (sometimes called ``reproductive cloning'') necessarily begins by creating cloned human embryos, a process which some also propose as a way to create embryos for research or as sources of cells and tissues for possible treatment of other humans; (7) the prospect of creating new human life solely to be exploited and destroyed in this way has been condemned on moral grounds by many, including supporters of a right to abortion, as displaying a profound disrespect for life, and recent scientific advances with adult stem cells indicate that there are fruitful and morally unproblematic alternatives to this approach; (8) in order to be effective, a ban on human cloning must stop the cloning process at the beginning because-- (A) cloning would take place within the privacy of a doctor-patient relationship; (B) the transfer of embryos to begin a pregnancy is a simple procedure; and (C) any government effort to prevent the transfer of an existing embryo, or to prevent birth once the transfer has occurred, would raise substantial moral, legal, and practical issues, so that it will be nearly impossible to prevent attempts at ``reproductive cloning'' once cloned human embryos are available in the laboratory; (9) the scientifically and medically useful practices of cloning of DNA fragments, known as molecular cloning, the duplication of somatic cells (or stem cells) in tissue culture, known as cell cloning, and whole-organism or embryo cloning of nonhuman animals are appropriate uses of medical technology; (10) in the preamble to the 1998 Additional Protocol on the Prohibition of Cloning Human Beings the Council of Europe agreed that ``the instrumentalisation of human beings through the deliberate creation of genetically identical human beings is contrary to human dignity and thus constitutes a misuse of biology and medicine''; (11) collaborative efforts to perform human cloning are conducted in ways that affect interstate and even international commerce, and the legal status of cloning will have a great impact on how biotechnology companies direct their resources for research and development; (12) at least 23 countries have banned all human cloning, including Canada, France, and Germany; (13) the United Nations has passed a declaration calling for all human cloning to be banned by member nations; and (14) cloned human embryos have been created in a few cases, to be destroyed to extract embryonic stem cells; these few successes substantially increase the risk for exploitation of women for human eggs needed to create clones, and continued experimentation makes it more likely that there will be attempts to gestate cloned human embryos to birth. SEC. 3. PROHIBITION ON HUMAN CLONING. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 15 the following: ``CHAPTER 16--HUMAN CLONING ``Sec. ``301. Definitions. ``302. Prohibition on human cloning. ``Sec. 301. Definitions ``In this chapter: ``(1) Human cloning.--The term `human cloning' means human asexual reproduction, accomplished by introducing the nuclear material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has been removed or inactivated to produce a living organism (at any stage of development) with a human or predominantly human genetic constitution. ``(2) Somatic cell.--The term `somatic cell' means a diploid cell (having a complete set of chromosomes) obtained or derived from a living or deceased human body at any stage of development. ``Sec. 302. Prohibition on human cloning ``(a) In General.--It shall be unlawful for any person or entity, public or private, in or affecting interstate commerce-- ``(1) to perform or attempt to perform human cloning; ``(2) to participate in an attempt to perform human cloning; or ``(3) to ship or receive the product of human cloning for any purpose. ``(b) Importation.--It shall be unlawful for any person or entity, public or private, to import the product of human cloning for any purpose. ``(c) Penalties.-- ``(1) In general.--Any person or entity that is convicted of violating any provision of this section shall be fined under this section or imprisoned not more than 10 years, or both. ``(2) Civil penalty.--Any person or entity that is convicted of violating any provision of this section shall be subject to, in the case of a violation that involves the derivation of a pecuniary gain, a civil penalty of not less than $1,000,000 and not more than an amount equal to the amount of the gross gain multiplied by 2, if that amount is greater than $1,000,000. ``(d) Scientific Research.--Nothing in this section shall restrict areas of scientific research not specifically prohibited by this section, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 15 the following: ``16. Human Cloning......................................... 301''.

Human Cloning Prohibition Act of 2105 This bill amends the federal criminal code to prohibit human cloning for reproductive and research purposes. Specifically, the bill makes it a crime for any public or private person or entity to: perform, attempt to perform, or participate in an attempt to perform human cloning; or ship, receive, or import a product of human cloning for any purpose. It defines "human cloning" as asexual reproduction by replacing a fertilized or unfertilized egg nucleus with a human somatic (body) cell nucleus to produce a living organism with a human or predominantly human genetic constitution. A person or entity convicted of a human cloning offense is subject to a fine, up to 10 years in prison, or both. A person or entity who profits from such offense is also subject to a civil penalty of at least $1,000,000. This bill does not restrict scientific research using nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.

Human Cloning Prohibition Act of 2105 [sic]

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prostate Cancer Diagnosis and Treatment Act of 1995''. SEC. 2. MEDICARE COVERAGE OF PROSTATE CANCER SCREENING AND CERTAIN DRUG TREATMENTS. (a) Coverage of Screening Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 147(f)(6)(B)(iii) of the Social Security Act Amendments of 1994, is amended-- (A) by striking ``and'' at the end of subparagraph (N); (B) by striking ``and'' at the end of subparagraph (O); and (C) by inserting after subparagraph (O) the following new subparagraph: ``(P) services for the early detection of prostate cancer (as defined in subsection (oo)); and''. (2) Services described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Services for the Early Detection of Prostate Cancer ``(oo) The term `services for the early detection of prostate cancer' means the following procedures provided to a man for the purpose of early detection of prostate cancer: ``(1) Digital rectal examination. ``(2) Prostate-specific antigen blood test. ``(3) Transrectal ultrasonography. ``(4) Such other procedures as the Secretary may designate as appropriate for early detection of prostate cancer.''. (3) Payment amounts; limitations on frequency of coverage.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by inserting after subsection (c) the following new subsection: ``(d) Payment Amounts and Frequency Limits for Services for the Early Detection of Prostate Cancer.-- ``(1) In general.--Notwithstanding any other provision of this part, with respect to expenses incurred for services for the early detection of prostate cancer (as defined in section 1861(oo))-- ``(A) payment may be made only for services provided consistent with the frequency permitted under paragraph (2); and ``(B) the amount of the payment under this part shall be equal to 80 percent of the lesser of the actual charge for the service or-- ``(i) in the case of a service for the early detection of prostate cancer consisting of a prostate-specific antigen blood test, the fee schedule amount established for the service under section 1833(h) (relating to payments for clinical diagnostic laboratory tests); or ``(ii) in the case of any other service for the early detection of prostate cancer, the amount provided under the fee schedule established by the Secretary under paragraph (3) (subject to the deductible established under section 1833(b)). ``(2) Frequency covered.-- ``(A) In general.--Subject to subparagraph (B) and to revision by the Secretary under subparagraph (C), no payment may be made under this part for a service for the early detection of prostate cancer provided to an individual-- ``(i) if the individual is under 50 years of age; or ``(ii) if the service is provided within the 11 months after a previous service for the early detection of prostate cancer. ``(B) Exception for high risk individuals.--Payment may be made under this part for a service for the early detection of prostate cancer provided to an individual more frequently than the limit established under subparagraph (A)(ii) if the individual is at a high risk of developing prostate cancer (as determined pursuant to factors identified by the Secretary). ``(C) Revision by secretary.-- ``(i) Review.--The Secretary, in consultation with the Director of the National Cancer Institute, shall review periodically the appropriate frequency for performing services for the early detection of prostate cancer based on age and such other factors as the Secretary believes to be pertinent. ``(ii) Revision of frequency.--The Secretary, taking into consideration the review made under clause (i), may revise from time to time the frequency with which such services may be paid for under this subsection, but no such revision shall apply to services performed before January 1, 1998. ``(3) Establishment of fee schedule.-- ``(A) In general.--The Secretary shall establish fee schedules (on such geographic basis as the Secretary considers appropriate) for payment for services for the early detection of prostate cancer under this part (other than prostate-specific antigen blood tests), effective for services furnished after the expiration of the 90-day period beginning on the date the Secretary establishes the fee schedules. ``(B) Factors considered.--In establishing fee schedules under subparagraph (A), the Secretary shall take into consideration variations in the cost of furnishing such services among geographic areas and among different sites where services are furnished, together with such other factors as may be appropriate to assure that payment amounts are equitable. ``(4) Limiting charges of nonparticipating physicians.--In the case of a service for the early detection of prostate cancer for which payment may be made under this part, if a nonparticipating physician or nonparticipating supplier or other person (as defined in section 1842(i)(2)) who does not accept payment on an assignment-related basis provides the service to an individual enrolled under this part, section 1848(g)(1) shall apply to the service in the same manner as such section applies to a physician's service.''. (4) Conforming amendments.--(A) Paragraphs (1)(D) and (2)(D) of section 1833(a) of such Act (42 U.S.C. 1395l(a)) are each amended by striking ``subsection (h)(1),'' and inserting ``subsection (h)(1) or section 1834(d)(1)(B)(i),''. (B) Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (P)'' and inserting ``(P)''; and (ii) by striking the semicolon at the end and inserting the following: ``, and (Q) with respect to services for the early detection of prostate cancer (as defined in section 1861(oo)) (other than prostate- specific antigen tests), the amounts paid shall be the amounts described in section 1834(d)(1);''. (C) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is amended-- (i) by striking ``and'' at the end of paragraph (6); (ii) by striking the period at the end of paragraph (7) and inserting ``; and''; and (iii) by adding at the end the following new paragraph: ``(8) in the case of services for the early detection of prostate cancer (as defined in section 1861(oo)) (other than prostate-specific antigen tests), the amounts described in section 1834(d)(1).''. (D) Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is amended by striking ``The Secretary'' and inserting ``Subject to section 1834(d), the Secretary''. (E) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended-- (i) in paragraph (1)-- (I) in subparagraph (E), by striking ``and'' at the end, (II) in subparagraph (F), by striking the semicolon at the end and inserting ``, and'', and (III) by adding at the end the following new subparagraph: ``(G) in the case of services for the early detection of prostate cancer (as defined in section 1861(oo)), which are performed more frequently than is covered under section 1834(d)(2);''; and (ii) in paragraph (7), by striking ``paragraph (1)(B) or under paragraph (1)(F)'' and inserting ``subparagraphs (B), (F), or (G) of paragraph (1)''. (b) Coverage of Certain Drug Treatments.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by subsection (a)(1), is further amended-- (1) by striking ``and'' at the end of subparagraph (P); (2) by adding ``and'' at the end of subparagraph (Q); and (3) by adding at the end the following new subparagraph: ``(R) an oral drug prescribed for the treatment of prostate cancer, if the use of the drug for such purpose is a medically accepted indication under subsection (t)(2);''. (c) Effective Date.--The amendments made by this section shall apply to services provided on or after January 1, 1996, without regard to whether or not the Secretary has established fee schedules under section 1834(d)(3) of the Social Security Act (as added by subsection (a)(3)) or promulgated other regulations to carry out such amendments by that date. SEC. 3. EARLY DETECTION AND TREATMENT OF PROSTATE CANCER IN VETERANS. (a) Preventive Health Services.--Section 1701(9) of title 38, United States Code is amended-- (1) by redesignating subparagraphs (J) and (K) as subparagraphs (K) and (L), respectively; and (2) by inserting after subparagraph (I) the following new subparagraph (J): ``(J) tests for the early detection and diagnosis of prostate cancer;''. (b) Coverage of Services for Early Detection and Treatment of Prostate Cancer.-- (1) In general.--Chapter 17 of such title is amended by inserting after section 1724 the following new section: ``Sec. 1725. Prostate cancer detection and treatment ``(a) The Secretary shall include in the medical services furnished to veterans under this chapter-- ``(1) services for the early detection and treatment of prostate cancer; ``(2) information on the early detection and treatment of prostate cancer; and ``(3) counseling regarding prostate cancer. ``(b) Based on the best available medical evidence, the Secretary shall implement a schedule for early detection of prostate cancer for veterans confined to hospitals or other institutions. ``(c) For the purposes of this section-- ``(1) services for the early detection of prostate cancer are procedures provided to a male for the purpose of the early detection of prostate cancer, including digital rectal examinations, prostate-specific antigen blood tests, and transrectal ultrasonography; and ``(2) services for treatment of prostate cancer may include the furnishing of drugs approved by the Food and Drug Administration for the treatment of prostate cancer. ``(d) The Secretary may carry out research and research training in the diagnosis and treatment of prostate cancer based upon the prostate cancer services provided under this section and may develop guidelines outlining effective treatment regimens for prostate cancer.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1724 the following new item: ``1725. Prostate cancer detection and treatment.''. SEC. 4. RESEARCH AND EDUCATION REGARDING PROSTATE CANCER; CERTAIN PROGRAMS OF PUBLIC HEALTH SERVICE. (a) National Institutes of Health.--Section 417B(c) of the Public Health Service Act (42 U.S.C. 286a-8(c)) is amended in the first sentence by striking ``$72,000,000'' and all that follows and inserting the following: ``$86,000,000 for fiscal year 1996, $100,000,000 for fiscal year 1997, $115,000,000 for fiscal year 1998, and $130,000,000 for fiscal year 1999.''. (b) Agency for Health Care Policy and Research.--Section 902 of the Public Health Service Act (42 U.S.C. 299a) is amended by adding at the end the following subsection: ``(f) Activities Regarding Prostate Cancer.--The Administrator shall, with respect to prostate cancer-- ``(1) conduct and support research on the outcomes, effectiveness, and appropriateness of health services and procedures; and ``(2) in carrying out section 912(a), provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.''.

Prostate Cancer Diagnosis and Treatment Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support prostate cancer health services and screening and treatment procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.

Prostate Cancer Diagnosis and Treatment Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Remittance Consumer Protection Act of 2004''. SEC. 2. TREATMENT OF REMITTANCE TRANSFERS. (a) In General.--The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended-- (1) in section 902(b), by inserting ``and remittance'' after ``electronic fund''; (2) by redesignating sections 918, 919, 920, and 921 as sections 919, 920, 921, and 922, respectively; and (3) by inserting after section 917 the following: ``SEC. 918. REMITTANCE TRANSFERS. ``(a) Disclosures Required for Remittance Transfers.-- ``(1) In general.--Each remittance transfer provider shall make disclosures to consumers, as specified by this section and augmented by regulation of the Board. ``(2) Specific disclosures.--In addition to any other disclosures applicable under this title, a remittance transfer provider shall clearly and conspicuously disclose, in writing and in a form that the consumer may keep, to each consumer requesting a remittance transfer-- ``(A) at the time at which the consumer makes the request, and prior to the consumer making any payment in connection with the transfer-- ``(i) the total amount of currency that will be required to be tendered by the consumer in connection with the remittance transfer; ``(ii) the amount of currency that will be sent to the designated recipient of the remittance transfer, using the values of the currency into which the funds will be exchanged; ``(iii) the total remittance transfer cost, identified as the `Total Cost'; and ``(iv) an itemization of the charges included in clause (iii), as determined necessary by the Board; and ``(B) at the time at which the consumer makes payment in connection with the remittance transfer, if any-- ``(i) a receipt showing-- ``(I) the information described in subparagraph (A); ``(II) the promised date of delivery; ``(III) the name and telephone number or address of the designated recipient; and ``(ii) a notice containing-- ``(I) information about the rights of the consumer under this section to resolve errors; and ``(II) appropriate contact information for the remittance transfer provider and its State licensing authority and Federal or State regulator, as applicable. ``(3) Exemption authority.--The Board may, by rule, and subject to subsection (d)(3), permit a remittance transfer provider-- ``(A) to satisfy the requirements of paragraph (2)(A) orally if the transaction is conducted entirely by telephone; ``(B) to satisfy the requirements of paragraph (2)(B) by mailing the documents required under such paragraph to the consumer not later than 1 business day after the date on which the transaction is conducted, if the transaction is conducted entirely by telephone; and ``(C) to satisfy the requirements of subparagraphs (A) and (B) of paragraph (2) with 1 written disclosure, but only to the extent that the information provided in accordance with paragraph (2)(A) is accurate at the time at which payment is made in connection with the subject remittance transfer. ``(b) Foreign Language Disclosures.--The disclosures required under this section shall be made in English and in the same languages principally used by the remittance transfer provider, or any of its agents, to advertise, solicit, or market, either orally or in writing, at that office, if other than English. ``(c) Remittance Transfer Errors.-- ``(1) Error resolution.-- ``(A) In general.--If a remittance transfer provider receives oral or written notice from the consumer within 365 days of the promised date of delivery that an error occurred with respect to a remittance transfer, including that the full amount of the funds to be remitted was not made available to the designated recipient in the foreign country, the remittance transfer provider shall resolve the error pursuant to this subsection. ``(B) Remedies.--Not later than 90 days after the date of receipt of a notice from the consumer pursuant to subparagraph (A), the remittance transfer provider shall, as applicable to the error and as designated by the consumer-- ``(i) refund to the consumer the total amount of funds tendered by the consumer in connection with the remittance transfer which was not properly transmitted; ``(ii) make available to the designated recipient, without additional cost to the designated recipient or to the consumer, the amount appropriate to resolve the error; ``(iii) provide such other remedy, as determined appropriate by rule of the Board for the protection of consumers; or ``(iv) demonstrate to the consumer that there was no error. ``(2) Rules.--The Board shall establish, by rule, clear and appropriate standards for remittance transfer providers with respect to error resolution relating to remittance transfers, to protect consumers from such errors. ``(d) Applicability of Other Provisions of Law.-- ``(1) Applicability of title 18 and title 31 provisions.--A remittance transfer provider may only provide remittance transfers if such provider is in compliance with the requirements of section 5330 of title 31, United States Code, and section 1960 of title 18, United States Code, as applicable. ``(2) Applicability of this title.--A remittance transfer that is not an electronic fund transfer, as defined in section 903, shall not be subject to any of sections 905 through 913. A remittance transfer that is an electronic fund transfer, as defined in section 903, shall be subject to all provisions of this title that are otherwise applicable to electronic fund transfers under this title. ``(3) Rule of construction.--Nothing in this section shall be construed-- ``(A) to affect the application to any transaction, to any remittance provider, or to any other person of any of the provisions of subchapter II of chapter 53 of title 31, United States Code, section 21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b), or chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951-1959), or any regulations promulgated thereunder; or ``(B) to cause any fund transfer that would not otherwise be treated as such under paragraph (2) to be treated as an electronic fund transfer, or as otherwise subject to this title, for the purposes of any of the provisions referred to in subparagraph (A) or any regulations promulgated thereunder. ``(e) Publication of Exchange Rates.--The Secretary of the Treasury shall make available to the public in electronic form, not later than noon on each business day, the dollar exchange rate for all foreign currencies, using any methodology that the Secretary determines appropriate, which may include the methodology used pursuant to section 613(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2363(b)). ``(f) Agents and Subsidiaries.--A remittance transfer provider shall be liable for any violation of this section by any agent or subsidiary of that remittance transfer provider. ``(g) Definitions.--As used in this section-- ``(1) the term `exchange rate fee' means the difference between the total dollar amount transferred, valued at the exchange rate offered by the remittance transfer provider, and the total dollar amount transferred, valued at the exchange rate posted by the Secretary of the Treasury in accordance with subsection (e) on the business day prior to the initiation of the subject remittance transfer; ``(2) the term `remittance transfer' means the electronic (as defined in section 106(2) of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7006(2))) transfer of funds at the request of a consumer located in any State to a person in another country that is initiated by a remittance transfer provider, whether or not the consumer is an account holder of the remittance transfer provider or whether or not the remittance transfer is also an electronic fund transfer, as defined in section 903; ``(3) the term `remittance transfer provider' means any person or financial institution that provides remittance transfers on behalf of consumers in the normal course of its business, whether or not the consumer is an account holder of that person or financial institution; ``(4) the term `State' means any of the several States, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States; and ``(5) the term `total remittance transfer cost' means the total cost of a remittance transfer expressed in dollars, including all fees charged by the remittance transfer provider, including the exchange rate fee.''. (b) Effect on State Laws.--Section 919 of the Electronic Fund Transfer Act (12 U.S.C. 1693q) is amended-- (1) in the first sentence, by inserting ``or remittance transfers (as defined in section 918)'' after ``transfers''; and (2) in the fourth sentence, by inserting ``, or remittance transfer providers (as defined in section 918), in the case of remittance transfers,'' after ``financial institutions''. SEC. 3. FEDERAL CREDIT UNION ACT AMENDMENT. Paragraph (12) of section 107 of the Federal Credit Union Act (12 U.S.C. 1757(12)) is amended to read as follows: ``(12) in accordance with regulations prescribed by the Board-- ``(A) to provide remittance transfers, as defined in section 918(h) of the Electronic Fund Transfer Act, to persons in the field of membership; and ``(B) to cash checks and money orders for persons in the field of membership for a fee;''. SEC. 4. AUTOMATED CLEARINGHOUSE SYSTEM. (a) Expansion of System.--The Board of Governors of the Federal Reserve System shall work with the Federal reserve banks to expand the use of the automated clearinghouse system for remittance transfers to foreign countries, with a focus on countries that receive significant remittance transfers from the United States, based on-- (1) the number, volume, and sizes of such transfers; (2) the significance of the volume of such transfers, relative to the external financial flows of the receiving country; and (3) the feasibility of such an expansion. (b) Report to Congress.--Not later than 180 days after the date of enactment of this Act, and on April 30 biannually thereafter, the Board of Governors of the Federal Reserve System shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the status of the automated clearinghouse system and its progress in complying with the requirements of this section. SEC. 5. EXPANSION OF FINANCIAL INSTITUTION PROVISION OF REMITTANCE TRANSFERS. (a) Provision of Guidelines to Institutions.--Each of the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act) and the National Credit Union Administration shall provide guidelines to financial institutions under the jurisdiction of the agency regarding the offering of low-cost remittance transfers and no-cost or low-cost basic consumer accounts, as well as agency services to remittance transfer providers. (b) Content of Guidelines.--Guidelines provided to financial institutions under this section shall include-- (1) information as to the methods of providing remittance transfer services; (2) the potential economic opportunities in providing low- cost remittance transfers; and (3) the potential value to financial institutions of broadening their financial bases to include persons that use remittance transfers. (c) Assistance to Financial Literacy Commission.--The Secretary of the Treasury and each agency referred to in subsection (a) shall, as part of their duties as members of the Financial Literacy and Education Commission, assist that Commission in improving the financial literacy and education of consumers who send remittances. SEC. 6. STUDY AND REPORT ON REMITTANCES. (a) Study.--The Comptroller General of the United States shall conduct a study and analysis of the remittance transfer system, including an analysis of its impact on consumers. (b) Areas of Consideration.--The study conducted under this section shall include, to the extent that information is available-- (1) an estimate of the total amount, in dollars, transmitted from individuals in the United States to other countries, including per country data, historical data, and any available projections concerning future remittance levels; (2) a comparison of the amount of remittance funds, in total and per country, to the amount of foreign trade, bilateral assistance, and multi-development bank programs involving each of the subject countries; (3) an analysis of the methods used to remit the funds, with estimates of the amounts remitted through each method and descriptive statistics for each method, such as market share, median transaction size, and cost per transaction, including through-- (A) depository institutions; (B) postal money orders and other money orders; (C) automatic teller machines; (D) wire transfer services; and (E) personal delivery services; (4) an analysis of advantages and disadvantages of each remitting method listed in subparagraphs (A) through (E) of paragraph (3); (5) an analysis of the types and specificity of disclosures made by various types of remittance transaction providers to consumers who send remittances; and (6) if reliable data are unavailable, recommendations concerning options for Congress to consider to improve the state of information on remittances from the United States. (c) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the results of the study conducted under this section.

International Remittance Consumer Protection Act of 2004 - Amends the Electronic Fund Transfer Act to require a remittance transfer provider to: (1) clearly and conspicuously make specified disclosures in writing and in a form that the consumer may keep to each consumer requesting a remittance transfer; and (2) make such disclosures in English and in the same languages principally used by the remittance transfer provider, or its agents at that office, if other than English. Prescribes error resolution guidelines and remedies governing remittance transfer errors. Instructs the Secretary of the Treasury to publish electronically on each business day the foreign currencies dollar exchange rate. Subjects a remittance transfer provider to liability for violations committed by its agents or subsidiaries. Amends the Federal Credit Union Act to empower Federal Credit Unions to: (1) provide remittance transfers to persons in the field of membership; and (2) to cash checks and money orders for such persons for a fee. Directs the Board of Governors of the Federal Reserve System to work with the Federal reserve banks to expand the use of the automated clearinghouse system for remittance transfers to foreign countries. Requires certain Federal banking agencies to provide guidelines to financial institutions regarding the offering of low-cost remittance transfers and no-cost or low-cost basic consumer accounts, as well as agency services to remittance transfer providers. Requires such agencies and the Secretary to assist the Financial Literacy and Education Commission in improving the financial literacy and education of consumers who send remittances.

A bill to amend the Electronic Fund Transfer Act to extend certain consumer protections to international remittance transfers of funds originating in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Promise to America's Military Retirees Act''. SEC. 2. FINDINGS. Congress finds the following: (1) No statutory health care program existed for members of the uniformed services who entered service prior to June 7, 1956, and retired after serving a minimum of 20 years or by reason of a service-connected disability. (2) Recruiters for the uniformed services are agents of the United States government and employed recruiting tactics that allowed members who entered the uniformed services prior to June 7, 1956, to believe they would be entitled to fully-paid lifetime health care upon retirement. (3) Statutes enacted in 1956 entitled those who entered service on or after June 7, 1956, and retired after serving a minimum of 20 years or by reason of a service-connected disability, to medical and dental care in any facility of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff. (4) After 4 rounds of base closures between 1988 and 1995 and further drawdowns of remaining military medical treatment facilities, access to ``space available'' health care in a military medical treatment facility is virtually nonexistent for many military retirees. (5) The military health care benefit of ``space available'' services and Medicare is no longer a fair and equitable benefit as compared to benefits for other retired Federal employees. (6) The failure to provide adequate health care upon retirement is preventing the retired members of the uniformed services from recommending, without reservation, that young men and women make a career of any military service. (7) The United States should establish health care that is fully paid by the sponsoring agency under the Federal Employees Health Benefits program for members who entered active duty on or prior to June 7, 1956, and who subsequently earned retirement. (8) The United States should reestablish adequate health care for all retired members of the uniformed services that is at least equivalent to that provided to other retired Federal employees by extending to such retired members of the uniformed services the option of coverage under the Federal Employees Health Benefits program, the Civilian Health and Medical Program of the uniformed services, or the TRICARE Program. SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) Earned Coverage for Certain Retirees and Dependents.--Chapter 89 of title 5, United States Code, is amended-- (1) in section 8905, by adding at the end the following new subsection: ``(h) For purposes of this section, the term `employee' includes a retired member of the uniformed services (as defined in section 101(a)(5) of title 10) who began service before June 7, 1956. A surviving widow or widower of such a retired member may also enroll in an approved health benefits plan described by section 8903 or 8903a of this title as an individual.''; and (2) in section 8906(b)-- (A) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting ``paragraphs (2) through (5)''; and (B) by adding at the end the following new paragraph: ``(5) In the case of an employee described in section 8905(h) or the surviving widow or widower of such an employee, the Government contribution for health benefits shall be 100 percent, payable by the department from which the employee retired.''. (b) Coverage for Other Retirees and Dependents.--(1) Section 1108 of title 10, United States Code, is amended to read as follows: ``Sec. 1108. Health care coverage through Federal Employees Health Benefits program ``(a) FEHBP Option.--The Secretary of Defense, after consulting with the other administering Secretaries, shall enter into an agreement with the Office of Personnel Management to provide coverage to eligible beneficiaries described in subsection (b) under the health benefits plans offered through the Federal Employees Health Benefits program under chapter 89 of title 5. ``(b) Eligible Beneficiaries; Coverage.--(1) An eligible beneficiary under this subsection is-- ``(A) a member or former member of the uniformed services described in section 1074(b) of this title; ``(B) an individual who is an unremarried former spouse of a member or former member described in section 1072(2)(F) or 1072(2)(G); ``(C) an individual who is-- ``(i) a dependent of a deceased member or former member described in section 1076(b) or 1076(a)(2)(B) of this title or of a member who died while on active duty for a period of more than 30 days; and ``(ii) a member of family as defined in section 8901(5) of title 5; or ``(D) an individual who is-- ``(i) a dependent of a living member or former member described in section 1076(b)(1) of this title; and ``(ii) a member of family as defined in section 8901(5) of title 5. ``(2) Eligible beneficiaries may enroll in a Federal Employees Health Benefit plan under chapter 89 of title 5 under this section for self-only coverage or for self and family coverage which includes any dependent of the member or former member who is a family member for purposes of such chapter. ``(3) A person eligible for coverage under this subsection shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 (except as provided in paragraph (1)(C) or (1)(D)) as a condition for enrollment in health benefits plans offered through the Federal Employees Health Benefits program under this section. ``(4) For purposes of determining whether an individual is a member of family under paragraph (5) of section 8901 of title 5 for purposes of paragraph (1)(C) or (1)(D), a member or former member described in section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an employee under such section. ``(5) An eligible beneficiary who is eligible to enroll in the Federal Employees Health Benefits program as an employee under chapter 89 of title 5 is not eligible to enroll in a Federal Employees Health Benefits plan under this section. ``(6) An eligible beneficiary who enrolls in the Federal Employees Health Benefits program under this section shall not be eligible to receive health care under section 1086 or section 1097. Such a beneficiary may continue to receive health care in a military medical treatment facility, in which case the treatment facility shall be reimbursed by the Federal Employees Health Benefits program for health care services or drugs received by the beneficiary. ``(c) Change of Health Benefits Plan.--An eligible beneficiary enrolled in a Federal Employees Health Benefits plan under this section may change health benefits plans and coverage in the same manner as any other Federal Employees Health Benefits program beneficiary may change such plans. ``(d) Government Contributions.--The amount of the Government contribution for an eligible beneficiary who enrolls in a health benefits plan under chapter 89 of title 5 in accordance with this section may not exceed the amount of the Government contribution which would be payable if the electing beneficiary were an employee (as defined for purposes of such chapter) enrolled in the same health benefits plan and level of benefits. ``(e) Separate Risk Pools.--The Director of the Office of Personnel Management shall require health benefits plans under chapter 89 of title 5 to maintain a separate risk pool for purposes of establishing premium rates for eligible beneficiaries who enroll in such a plan in accordance with this section.''. (2) The item relating to section 1108 at the beginning of such chapter is amended to read as follows: ``1108. Health care coverage through Federal Employees Health Benefits program.''. (3) The amendments made by this subsection shall take effect on January 1, 2001. SEC. 4. EXTENSION OF COVERAGE OF CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES. Section 1086 of title 10, United States Code, is amended-- (1) in subsection (c), by striking ``Except as provided in subsection (d), the'', and inserting ``The''; (2) by striking subsection (d); and (3) by redesignating subsections (e) through (h) as subsections (d) through (g), respectively.

Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide FEHB coverage to the following eligible beneficiaries: (1) a member or former member entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member of such member. Repeals a provision prohibiting coverage under the Civilian Health and Medical Program of the Uniformed Services for persons entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Act.

Keep Our Promise to America's Military Retirees Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Seeds Protection Act of 2013''. SEC. 2. RESEARCH GRANTS FOR PURPOSES OF PROTECTION AND PRESERVATION OF NATIVE AMERICAN SEEDS. (a) In General.--Subtitle C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.) is amended by adding at the end the following new section: ``SEC. 1419C. RESEARCH GRANTS FOR PURPOSES OF PROTECTION AND PRESERVATION OF NATIVE AMERICAN SEEDS. ``(a) Authority.--Consistent with this section, the Secretary may make grants, competitive grants, and special research grants to, and enter into cooperative agreements and other contracting instruments with, eligible entities to conduct research and education and training programs that are objective, operationally independent, and external to the Federal Government and that concern the purity of Native American seeds (as defined by the Secretary, in consultation with Indian tribes). ``(b) Cooperation Required.--Grant applications submitted by an eligible entity under this section shall certify that the research to be conducted will be performed under a cooperative agreement with at least one other qualified research entity. ``(c) Activities.--Under this section, funding may be provided to conduct-- ``(1) research to assess the direct and indirect impacts of-- ``(A) public law and policies on traditional ways of life and cultural practices relating to the harvesting and cultivating of Native American seeds; and ``(B) contaminants that compromise the integrity and purity of Native American seeds; and ``(2) education and training programs on-- ``(A) the methods necessary to conduct the research described in paragraph (1); and ``(B) the best methods to continuously test, monitor, and otherwise protect the purity of Native American seeds. ``(d) Report.--Beginning not later than one year after the date of the enactment of this section, and each year thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains-- ``(1) the results of any research conducted under this section; ``(2) the effectiveness of any education and training programs conducted under this section in enabling eligible entities to ensure the purity of Native American seeds; and ``(3) any recommendations of the Secretary to improve the effectiveness of such education and training programs. ``(e) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note)); or ``(B) an Indian tribe. ``(2) Indian tribe.--The term `Indian tribe' has the meaning given such term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(3) Qualified research entity.--The term `qualified research entity' means an entity with a demonstrated capacity and infrastructure necessary to carry out agricultural research projects, including-- ``(A) a State agricultural experiment station; ``(B) a college or university (including a 1994 Institution); ``(C) another research institution or organization; ``(D) a private organization; ``(E) a corporation; or ``(F) an individual.''. (b) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue regulations to carry out section 1419C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as added by subsection (a), including regulations to define the term ``Native American seed'' as specified in subsection (a) of such section 1419C. SEC. 3. DEVELOPING SEED STORAGE FACILITIES TO PRESERVE AND PROTECT NATIVE AMERICAN SEEDS. Section 306 (a)(19)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(19)(A)) is amended by inserting ``, including the expansion, construction, and infrastructure costs associated with developing seed storage facilities that are used to protect and preserve Native American seeds (as defined by the Secretary pursuant to section 1419C of the National Agricultural Research, Education, and Teaching Policy Act of 1977)'' before the period at the end.

Native American Seeds Protection Act of 2013 - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize the Secretary of Agriculture to award grants to, and enter into agreements with, Indian tribes and 1994 Institutions to conduct research and education and training programs concerning the purity of Native American seeds. (1994 Institutions are Native American tribally-controlled colleges and universities that were granted land-grant status in 1994.) Requires grant applicants to certify that any research conducted will be performed under a cooperative agreement with at least one other entity that has the capacity and infrastructure necessary to carry out agricultural research projects. Authorizes the use of the grants to fund research to assess the impact of: (1) public law and policies on traditional ways of life and cultural practices relating to the harvesting and cultivating of Native American seeds, and (2) contaminants that compromise the integrity and purity of those seeds. Authorizes the use of the grants to fund education and training programs on: (1) the methods necessary to conduct such research; and (2) the best methods to continuously test, monitor, and otherwise protect the purity of Native American seeds. Amends the Consolidated Farm and Rural Development Act to authorize the use of grants under the community facilities grant program to expand, construct, and develop seed storage facilities that are used to protect and preserve Native American seeds.

Native American Seeds Protection Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Lawmaking Authority Protection Act of 2007''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) The Framers of the Constitution understood that the power to make laws is such an awesome power that they intended it to be exercised by the most democratic branch of government. (2) To ensure that the lawmaking power would be exercised by the branch of government that is the closest and most accountable to the people the Constitution provides that ``All legislative power herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.''. (3) The Constitution limits the role of the President in the lawmaking process to-- (A) giving Congress information on the State of the Union; (B) recommending to Congress for consideration such measures as the President deems necessary and expedient; and (C) approving or vetoing bills and joint resolutions presented to him for signature. (4) Statements made by the President contemporaneously with the signing of a bill or joint resolution that express the President's interpretation of the scope, constitutionality, and intent of Congress in enacting the bill or joint resolution presented for signature encroach upon the power to make laws that the Framers vested solely in the Congress. (5) According to a May 5, 2006, editorial in the New York Times, the current President of the United States has issued more than 750 ``presidential signing statements'' declaring he would not do what the laws required, the most notorious example of which is the signing statement issued by the President asserting he was not bound by the Congressional ban on the torture of prisoners. (6) On June 5, 2006, the American Bar Association created a 10-member Blue-Ribbon ``Task Force on Presidential Signing Statements and the Separation of Powers Doctrine'' to take a balanced, scholarly look at the use and implications of signing statements, and to propose appropriate ABA policy consistent with the ABA's commitment to safeguarding the rule of law and the separation of powers in our system of government. (7) On July 24, 2006, the Task Force determined that signing statements that signal the president's intent to disregard laws adopted by Congress undermine the separation of powers by depriving Congress of the opportunity to override a veto, and by shutting off policy debate between the two branches of government. According to the Task Force, such presidential signing statements operate as a ``line item veto,'' which the U.S. Supreme Court has ruled unconstitutional. The Task Force strongly recommended the Congress to enact appropriate legislation to ensure that such presidential signing statements do not undermine the rule of law and the constitutional system of separation of powers. (b) Purposes.--The purposes of this Act are-- (1) to preserve the separation of powers intended by the Framers by preventing the President from encroaching upon the Congressional prerogative to make law; and (2) to ensure that no Federal or State executive or independent agency, and no Federal or State judge, can attach legal significance to any presidential signing statement when construing any law enacted by the Congress. SEC. 3. LIMITATION ON USE OF FUNDS. (a) Limitation on Use of Funds.--None of the funds made available to the Executive Office of the President, or to any Executive agency (as defined in section 105 of title 5 of the United States Code), from any source may be used to produce, publish, or disseminate any statement made by the President contemporaneously with the signing of any bill or joint resolution presented for signing by the President. (b) Application of Limitation.--Subsection (a) shall apply only to statements made by the President regarding the bill or joint resolution presented for signing that contradict, or are inconsistent with, the intent of Congress in enacting the bill or joint resolution or that otherwise encroach upon the Congressional prerogative to make laws. SEC. 4. CONSTRUCTION AND APPLICATION OF ACTS OF CONGRESS. For purposes of construing or applying any Act enacted by the Congress, a governmental entity shall not take into consideration any statement made by the President contemporaneously with the President's signing of the bill or joint resolution that becomes such Act.

Congressional Lawmaking Authority Protection Act of 2007 - Prohibits the use of funds made available to the Executive Office of the President, or to any executive agency, to produce, publish, or disseminate any presidential statement made contemporaneously with the signing of any legislation by him (signing statement). Applies this prohibition only to signing statements that contradict, or are inconsistent with, the intent of Congress in enacting a measure or that otherwise encroach upon the congressional prerogative to make laws. Prohibits a governmental entity from taking into consideration any presidential signing statement for purposes of construing or applying any Act of Congress.

To prevent the President from encroaching upon the Congressional prerogative to make laws,and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Act for Responsible Employment of 2001'' or the ``CARE Act of 2001''. SEC. 2. CHILD AGRICULTURAL EMPLOYMENT. (a) Family Agricultural Employment.--Section 13(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)(1)) is amended to read as follows: ``(c)(1) The provisions of section 12 relating to child labor shall not apply to any employee employed in agriculture outside of school hours for the school district where such employee is living while so employed, if such employee is employed by a family member of such employee on a farm that is owned or operated by such family member. In this paragraph, the term `family member' means a parent, grandparent, aunt, uncle, first cousin, or legal guardian.''. (b) Other Child Agricultural Employment.--Section 13(c) of such Act (29 U.S.C. 213(c)) is further amended by striking paragraphs (2) and (4). SEC. 3. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS. (a) Civil Penalty.--Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended in the first sentence by striking ``not to exceed $10,000'' and inserting ``not less than $500 nor more than $15,000''. (b) Private Right of Action.--Section 16 of such Act (29 U.S.C. 216) is amended by adding at the end the following new subsection: ``(f)(1) An employee (or the legal guardian or survivor of such employee) aggrieved by a violation of section 12 resulting in serious bodily injury to, or the serious illness or death of, such an employee may, in a civil action, recover from the employer of such employee appropriate legal or equitable relief. ``(2) An action under this subsection may be brought in a Federal or State court of competent jurisdiction, without regard to the amount in controversy. ``(3) In an action under this subsection, a court shall, in addition to any judgment ordered, allow a prevailing plaintiff to recover from the defendant the costs of the action and reasonable attorney fees. ``(4) If a plaintiff has recovered compensation under a State workers' compensation law for the same violation as alleged in an action under this subsection, a court may consider the amount recovered under such State law when awarding any relief under this subsection. ``(5) If a plaintiff collects a judgment under this subsection and also seeks recovery for the same violation under a State workers' compensation law, a State may elect to offset recovery obtained under this subsection against any recovery provided under such State law.''. (c) Criminal Penalties.--Section 16(a) of such Act (29 U.S.C. 216(a)) is amended-- (1) by striking ``Any'' and inserting ``(1) Except as provided in paragraph (2), any''; and (2) by adding at the end the following new paragraph: ``(2) Any person who violates the provisions of section 15(a)(4) concerning child labor shall upon conviction be subject to a fine under title 18, United States Code, or to imprisonment for not more than 5 years, or both, in the case of-- ``(A) a willful or repeat violation that results in or contributes to a fatality of a minor employee or a permanent disability of a minor employee; or ``(B) a violation which is concurrent with a criminal violation of any other provision of this Act or of any other Federal or State law concerning child labor.''. (d) Rule of Construction.--Nothing in the amendments made by this section may be construed to preempt any State law that provides protections or remedies for employees that are greater than the protections or remedies provided under such amendments. SEC. 4. REPORTING AND RECORDKEEPING. (a) In General.--Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end the following new subsection: ``(e)(1) The Secretary, using information provided by the Director of the Bureau of the Census, shall biannually compile, and make available to the public, data from respective State employment security agencies and from other sources in all the States concerning-- ``(A) the types of industries and occupations in which children under the age of 18 years are employed; and ``(B) cases in which the Secretary determines that such children were employed in violation of this section. ``(2)(A) Each employer who employs an employee under the age of 18 years shall report to the Secretary and the appropriate State employment security agency any injury (including an injury resulting in death) to such employee that results in lost employment time of at least one working day or any illness such employee incurred in the course of employment. ``(B) Such report shall be made not later than five days after such injury or illness and shall include-- ``(i) the age of the child; ``(ii) the nature of the job in which the employee is employed (including large-scale, commercial agriculture); ``(iii) the circumstances surrounding the injury or illness to such employee; and ``(iv) to the extent permitted under an applicable State or Federal law, the report of any physician and health care facility which provided care for such employee. ``(3) Using information collected under paragraphs (1) and (2), the Secretary shall submit to the Congress a biannual report on the status of child labor in the United States and its attendant safety and health hazards.''. (b) Initial Compilation and Report.--The first compilation and report under paragraphs (1) and (3), respectively, of section 12(e) of such Act (29 U.S.C. 212(e)(1) and (3)), as added by subsection (a) of this section, shall be completed not later than 2 years after the date of enactment of this Act. SEC. 5. COORDINATION. Section 4 of the Fair Labor Standards Act of 1938 (29 U.S.C. 204) is amended by adding at the end the following new subsection: ``(g) The Secretary shall encourage and, where practicable, establish closer working relationships with nongovernmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Upon the request of the Secretary and to the extent permissible under applicable law, State and local government agencies with information regarding injuries and deaths of employees shall submit such information to the Secretary for use as appropriate in the enforcement of section 12 and in the promulgation and interpretation of the regulations and orders authorized by section 3(l). The Secretary may reimburse such State and local government agencies for such services.''. SEC. 6. CHILD LABOR ENFORCEMENT. Subject to the availability of appropriations, the Secretary of Labor shall-- (1) employ at least 100 additional inspectors within the Wage and Hour Division of the Department of Labor for the principal purpose of enforcing compliance with child labor laws; and (2) provide for a 10-percent increase in the budget for the Employment Standards Division within the office of the Solicitor of Labor for the principal purpose of increasing prosecution of violations of child labor laws. SEC. 7. WORKER PROTECTION STANDARD. (a) In General.--Section 25 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w) is amended by adding at the end the following new subsection: ``(f) Worker Protection Standard.-- ``(1) Farmworker children and women.-- ``(A) In general.--For the purpose of affording greater protection to children and women employed on, or present near, farms, the Administrator, in consultation with the Secretary of Labor, shall revise the worker protection standard promulgated under this section to take into account the routine presence of children through age 18 years (including nursing children) and nursing or pregnant women employed on, or present near, a farm or in or around a field in which a pesticide is applied, necessitating separate and more stringent regulations for restricted entry intervals and other pertinent worker health and safety standards, in view of the physiological differences between men and such children and women and the differential impact of pesticides and correspondingly greater risks posed to such children and women. ``(B) Periodic review.--The Administrator, in consultation with the Secretary of Labor, shall review all facets of the worker protection standard at least once every 5 years after the date of enactment of this subsection to take into account and incorporate advances in scientific knowledge regarding the considerations described in subparagraph (A). ``(2) Scope and reporting of inspections.--The Administrator shall-- ``(A) promulgate specific requirements to be fulfilled in the conduct of all inspections regarding compliance with the worker protection standard promulgated under this section; and ``(B) publish an annual report on the findings and results of the inspections for each State.''. (b) Conforming Amendment.--The table of contents in section 1(b) of such Act (7 U.S.C. prec. 121) is amended by adding at the end of the items relating to section 25 the following new items: ``(e) Peer review. ``(f) Worker protection standard. ``(1) Farmworker children and women. ``(2) Scope and reporting of inspections.''. SEC. 8. MIGRANT AND SEASONAL FARMWORKER YOUTH DROPOUT PREVENTION. (a) In General.--Section 129 of the Workforce Investment Act of 1998 (29 U.S.C. 2854) is amended by adding at the end the following new subsection: ``(d) Migrant and Seasonal Farmworker Youth Dropout Prevention.-- ``(1) Authorized program activities.--The Secretary shall make grants on a competitive basis to assist grant recipients to provide the following programs to migratory youth: ``(A) Programs that provide an objective assessment of the academic levels, skill levels, and service needs of each participant, which assessment shall include a review of basic skills, interests, aptitudes, supportive service needs, and developmental needs of such participant. A new assessment of a participant shall not be required if the provider carrying out such a program determines it is appropriate to use a recent assessment of the participant conducted under another education or training program. ``(B) Programs that develop service strategies for each participant that shall identify an academic goal, appropriate achievement objectives, and appropriate services for the participant taking into account the assessment conducted under subparagraph (A). A new service strategy for a participant shall not be required if the provider carrying out such a program determines it is appropriate to use a recent service strategy developed for the participant under another education or training program. ``(C) Programs that provide preparation for postsecondary educational opportunities, in appropriate cases. ``(D) Programs that provide strong linkages between academic and occupational learning preparation for unsubsidized employment opportunities, in appropriate cases. ``(2) Program elements.--The programs described in subparagraphs (C) and (D) of paragraph (1) shall include the following elements: ``(A) Tutoring, study skills training, and instruction, leading to completion of secondary school, including dropout prevention strategies. ``(B) Alternative secondary school services, as appropriate. ``(C) Summer employment opportunities that are directly linked to academic and occupational learning. ``(D) Paid and unpaid work experiences, including internships and job shadowing, as appropriate. ``(E) Visits to institutions of higher education, as appropriate. ``(F) Leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social behaviors during nonschool hours, as appropriate. ``(G) Comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and referral, as appropriate. ``(H) Adult mentoring for the period of participation in a program under subparagraph (C) or (D) of paragraph (1) and a subsequent period, for a total of not less than 12 months. ``(I) Followup services for not less than one year after the completion of participation in a program under subsection (C) or (D) of paragraph (1), as appropriate. ``(J) Stipends to offset loss of work-related income or loss of potential work-related income. Any such stipend shall be paid to the parent or guardian of the migratory youth (or to the youth, if such youth is emancipated under an applicable State law), if such parent or guardian (or youth) provides to the grant recipient-- ``(i) proof of enrollment in an education program (including current school records or, if school is not in session, school records from the previous academic year); and ``(ii) if the migratory youth is employed, a statement from the employer describing the employment and the working hours of such youth, or if the migratory youth is not employed, a statement stating that fact. ``(3) Condition.--A recipient of a grant under this subsection shall coordinate its activities with those of State or local educational agencies providing programs authorized under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.). ``(4) Migratory youth defined.--In this subsection, the term `migratory youth' means a migratory child (as such term is defined in section 1309(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6399(2))) who is at least 12 years old and not more than 18 years old. ``(5) Administration, data collection, and evaluation.-- ``(A) In general.--The Secretary may reserve up to 6 percent of the funds made available under section 127(b)(1)(A)(iii) for the migrant and seasonal farmworker youth dropout prevention program under this subsection for administration, data collection, and evaluation of the program. ``(B) Special reservation.--Subject to available appropriations, the Secretary shall use up to 2 percent of the funds made available under section 127(b)(1)(A)(iii) to enter into a contract with a national farmworker organization-- ``(i) to establish and maintain an electronic database of program participants; ``(ii) to operate a toll-free national telephone program information line to assist migratory youth in accessing dropout prevention services under this subsection; ``(iii) to assist the Departments of Labor and Education in developing appropriate methods for evaluating the program under this subsection; ``(iv) to provide technical assistance and training to grant recipients; and ``(v) to develop a migrant and seasonal farmworker youth dropout prevention model based on the best practices used in successful programs. ``(6) Availability of program under this subsection.-- Notwithstanding section 188(a)(5) or any other provision of law, a program under this subsection may be made available to an immigrant other than one authorized by the Attorney General to work in the United States.''. (b) Purposes.--Section 129(a) of such Act (29 U.S.C. 2854(a)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(7) to provide supportive services, opportunities, and incentives to eligible migrant and seasonal farmworker youth to encourage and assist them in remaining in secondary school through graduation.''. (c) Funding.--Section 127(b)(1)(A)(iii) of such Act (29 U.S.C. 2851(b)(1)(A)(iii)) is amended by inserting ``the greater of $50,000,000 or'' after ``make available''. (d) Cross-Reference.--Section 167(d) of such Act (29 U.S.C. 2912(d)) is amended by inserting ``(including activities under section 129(d))'' after ``dropout prevention activities''. SEC. 9. FAIR LABOR STANDARDS REGULATIONS. Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations to carry out sections 2 through 6 and the amendments made by such sections. Such regulations shall take effect not later than 30 days after the date of such promulgation. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act and the amendments made by this Act such sums as may be necessary. SEC. 11. EFFECTIVE DATE FOR FAIR LABOR STANDARDS AMENDMENTS. The amendments made by sections 2 through 5 of this Act shall take effect on the date that the rules promulgated under section 9 take effect.

Children's Act for Responsible Employment of 2001 - CARE Act of 2001 - Amends the Fair Labor Standards Act of 1938 to repeal certain exemptions from child labor prohibitions for agricultural employment.Applies the same age restrictions to agricultural employment as to other forms of employment. Limits exemptions to agricultural labor outside of school hours, if the individual is employed by a specified family member on the member's farm. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment.Increases civil and criminal penalties for child labor violations.Directs the Secretary of Labor and the Director of the Bureau of the Census to compile data biannually from State employment security agencies and from other sources in all the States concerning: (1) the types of industries and occupations in which children under the age of 18 are employed; and (2) cases in which children were employed in violation of Federal child labor prohibitions. Requires each employer to report to the State employment security agency on any injury to an employee under age 18 that results in lost employment time or any illness such individual incurred while at work.Directs the Secretary to establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Requires State and local government agencies to inform the Secretary, upon request, about employee injuries and deaths.Directs the Secretary to: (1) employ at least 100 additional inspectors within the Wage and Hour Division of the Department of Labor to enforce child labor laws; and (2) provide for a ten percent increase in the budget for the Employment Standards Division within the office of the Solicitor of Labor to increase prosecution of violations of such laws.Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to revise, and review every five years, a farmworker protection standard to take into account the routine presence of children, including nursing children, and nursing or pregnant women employed on, or present near, a farm or in or around a field in which a pesticide is applied.Amends the Workforce Investment Act of 1998 to direct the Secretary to make competitive grants for specified types of programs for migrant and seasonal farmworker youth dropout prevention.

To reform certain laws affecting child labor, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State High Risk Pool Funding Extension Act of 2006''. SEC. 2. EXTENSION OF FUNDING FOR OPERATION OF STATE HIGH RISK HEALTH INSURANCE POOLS. Section 2745 of the Public Health Service Act (42 U.S.C. 300gg-45) is amended to read as follows: ``SEC. 2745. RELIEF FOR HIGH RISK POOLS. ``(a) Seed Grants to States.--The Secretary shall provide from the funds appropriated under subsection (d)(1)(A) a grant of up to $1,000,000 to each State that has not created a qualified high risk pool as of the date of enactment of the State High Risk Pool Funding Extension Act of 2006 for the State's costs of creation and initial operation of such a pool. ``(b) Grants for Operational Losses.-- ``(1) In general.--In the case of a State that has established a qualified high risk pool that-- ``(A) restricts premiums charged under the pool to no more than 200 percent of the premium for applicable standard risk rates; ``(B) offers a choice of two or more coverage options through the pool; and ``(C) has in effect a mechanism reasonably designed to ensure continued funding of losses incurred by the State in connection with operation of the pool after the end of the last fiscal year for which a grant is provided under this paragraph; the Secretary shall provide, from the funds appropriated under paragraphs (1)(B)(i) and (2)(A) of subsection (d) and allotted to the State under paragraph (2), a grant for the losses incurred by the State in connection with the operation of the pool. ``(2) Allotment.--Subject to paragraph (4), the amounts appropriated under paragraphs (1)(B)(i) and (2)(A) of subsection (d) for a fiscal year shall be allotted and made available to the States (or the entities that operate the high risk pool under applicable State law) that qualify for a grant under paragraph (1) as follows: ``(A) An amount equal to 40 percent of such appropriated amount for the fiscal year shall be allotted in equal amounts to each qualifying State that is one of the 50 States or the District of Columbia and that applies for a grant under this subsection. ``(B) An amount equal to 30 percent of such appropriated amount for the fiscal year shall be allotted among qualifying States that apply for such a grant so that the amount allotted to such a State bears the same ratio to such appropriated amount as the number of uninsured individuals in the State bears to the total number of uninsured individuals (as determined by the Secretary) in all qualifying States that so apply. ``(C) An amount equal to 30 percent of such appropriated amount for the fiscal year shall be allotted among qualifying States that apply for such a grant so that the amount allotted to a State bears the same ratio to such appropriated amount as the number of individuals enrolled in health care coverage through the qualified high risk pool of the State bears to the total number of individuals so enrolled through qualified high risk pools (as determined by the Secretary) in all qualifying States that so apply. ``(3) Special rule for pools charging higher premiums.--In the case of a qualified high risk pool of a State which charges premiums that exceed 150 percent of the premium for applicable standard risks, the State shall use at least 50 percent of the amount of the grant provided to the State to carry out this subsection to reduce premiums for enrollees. ``(4) Limitation for territories.--In no case shall the aggregate amount allotted and made available under paragraph (2) for a fiscal year to States that are not the 50 States or the District of Columbia exceed $1,000,000. ``(c) Bonus Grants for Supplemental Consumer Benefits.-- ``(1) In general.--In the case of a State that is one of the 50 States or the District of Columbia, that has established a qualified high risk pool, and that is receiving a grant under subsection (b)(1), the Secretary shall provide, from the funds appropriated under paragraphs (1)(B)(ii) and (2)(B) of subsection (d) and allotted to the State under paragraph (3), a grant to be used to provide supplemental consumer benefits to enrollees or potential enrollees (or defined subsets of such enrollees or potential enrollees) in qualified high risk pools. ``(2) Benefits.--A State shall use amounts received under a grant under this subsection to provide one or more of the following benefits: ``(A) Low-income premium subsidies. ``(B) A reduction in premium trends, actual premiums, or other cost-sharing requirements. ``(C) An expansion or broadening of the pool of individuals eligible for coverage, such as through eliminating waiting lists, increasing enrollment caps, or providing flexibility in enrollment rules. ``(D) Less stringent rules, or additional waiver authority, with respect to coverage of pre-existing conditions. ``(E) Increased benefits. ``(F) The establishment of disease management programs. ``(3) Allotment; limitation.--The Secretary shall allot funds appropriated under paragraphs (1)(B)(ii) and (2)(B) of subsection (d) among States qualifying for a grant under paragraph (1) in a manner specified by the Secretary, but in no case shall the amount so allotted to a State for a fiscal year exceed 10 percent of the funds so appropriated for the fiscal year. ``(4) Rule of construction.--Nothing in this subsection shall be construed to prohibit a State that, on the date of the enactment of the State High Risk Pool Funding Extension Act of 2006, is in the process of implementing a program to provide benefits of the type described in paragraph (2), from being eligible for a grant under this subsection. ``(d) Funding.-- ``(1) Appropriation for fiscal year 2006.--There are authorized to be appropriated for fiscal year 2006-- ``(A) $15,000,000 to carry out subsection (a); and ``(B) $75,000,000, of which, subject to paragraph (4)-- ``(i) two-thirds of the amount appropriated shall be made available for allotments under subsection (b)(2); and ``(ii) one-third of the amount appropriated shall be made available for allotments under subsection (c)(3). ``(2) Authorization of appropriations for fiscal years 2007 through 2010.--There are authorized to be appropriated $75,000,000 for each of fiscal years 2007 through 2010, of which, subject to paragraph (4)-- ``(A) two-thirds of the amount appropriated for a fiscal year shall be made available for allotments under subsection (b)(2); and ``(B) one-third of the amount appropriated for a fiscal year shall be made available for allotments under subsection (c)(3). ``(3) Availability.--Funds appropriated for purposes of carrying out this section for a fiscal year shall remain available for obligation through the end of the following fiscal year. ``(4) Reallotment.--If, on June 30 of each fiscal year for which funds are appropriated under paragraph (1)(B) or (2), the Secretary determines that all the amounts so appropriated are not allotted or otherwise made available to States, such remaining amounts shall be allotted and made available under subsection (b) among States receiving grants under subsection (b) for the fiscal year based upon the allotment formula specified in such subsection. ``(5) No entitlement.--Nothing in this section shall be construed as providing a State with an entitlement to a grant under this section. ``(e) Applications.--To be eligible for a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(f) Annual Report.--The Secretary shall submit to Congress an annual report on grants provided under this section. Each such report shall include information on the distribution of such grants among States and the use of grant funds by States. ``(g) Definitions.--In this section: ``(1) Qualified high risk pool.-- ``(A) In general.--The term `qualified high risk pool' has the meaning given such term in section 2744(c)(2), except that a State may elect to meet the requirement of subparagraph (A) of such section (insofar as it requires the provision of coverage to all eligible individuals) through providing for the enrollment of eligible individuals through an acceptable alternative mechanism (as defined for purposes of section 2744) that includes a high risk pool as a component. ``(2) Standard risk rate.--The term `standard risk rate' means a rate-- ``(A) determined under the State high risk pool by considering the premium rates charged by other health insurers offering health insurance coverage to individuals in the insurance market served; ``(B) that is established using reasonable actuarial techniques; and ``(C) that reflects anticipated claims experience and expenses for the coverage involved. ``(3) State.--The term `State' means any of the 50 States and the District of Columbia and includes Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

State High Risk Pool Funding Extension Act of 2006 - (Sec. 2) Amends the Public Health Service Act to reauthorize funds for grants to each state that has not created a qualified high risk pool for the state's cost to create and initially operate such a pool. Increases the maximum allowable premium charged under a qualified high risk pool to 200% of the premium for applicable standard risk rates. Defines "standard risk rate" as a rate that: (1) is determined under the state high risk pool by considering the premiums charged by other health insurers in the same market; (2) is established using reasonable actuarial techniques; and (3) reflects anticipated claims experience and expenses. Permits grants awarded by the Secretary of Health and Human Services to states with existing qualified high risk pools to cover losses incurred by a state in connection with the operation of such a pool to be made to entities that operate such a pool under applicable state law. Changes the allocation of such grants to give 40% to eligible states equally, 30% based on the number of uninsured individuals in a state relative to all states, and 30% based on the number of enrollees in a state's qualified high risk pool relative to all states. (Currently, all funds are allotted based solely on the number of uninsured individuals in the state.) Requires a state which charges premiums that exceed 150% of the premium for applicable standard risks to use at least 50% of the grant amount to reduce premiums for enrollees. Limits the maximum grant amount allotted to territories. Requires the Secretary to award grants to states with qualified high risk pools for the provision of supplemental consumer benefits, which must include one or more of the following benefits: (1) low-income premium subsidies; (2) a reduction in premium trends, actual premiums, or other cost-sharing requirements; (3) an expansion or broadening of the pool of individuals eligible for coverage; (4) less stringent rules or additional waiver authority with respect to coverage of preexisting conditions; (5) increased benefits; or (6) establishment of disease management programs. Limits to 10% of appropriated funds the amount that any state may be allotted. Authorizes appropriations for FY2006-FY2010. Sets forth reporting requirements. Revises the definition of "qualified high risk pool" to allow a state to elect to meet the requirement to provide all eligible individuals with health insurance coverage by utilizing an acceptable alternative mechanism that includes a high risk pool as a component.

To amend the Public Health Service Act to extend funding for the operation of State high risk health insurance pools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Owners Bill of Rights''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Our democracy was founded on principles of ownership, use, and control of private property. These principles are embodied in the fifth amendment to the Constitution prohibiting the taking of private property without the payment of just compensation. (2) A number of Federal environmental programs, specifically the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) have been implemented by employees, agents, and representatives of the Federal Government in a manner that deprives private property owners of the use and control of their property. (3) As new Federal programs are proposed that would limit and restrict the use of private property to provide habitat for plant and animal species, the rights of private property owners must be recognized and respected. (4) Private property owners are being forced by Federal policy to resort to extensive, lengthy, and expensive litigation to protect certain basic civil rights guaranteed by the Constitution. (5) Since many private property owners do not have the financial resources or the extensive commitment of time to proceed in litigation against the Federal Government, a clear Federal policy is needed to guide and direct Federal agencies with respect to their implementation of environmental laws that directly impact private property. (6) While all private property owners should and must abide by current nuisance laws and should not use their property in a manner that harms their neighbors, these laws have traditionally been enacted, implemented, and enforced at the State and local levels where they are best able to protect the rights of all private property owners and local citizens. (7) While traditional pollution control laws are intended to protect the general public's health and physical welfare, current habitat protection programs are intended to protect the welfare of plant and animal species, while allowing the recreational and esthetic opportunities for the public. (b) Purposes.--It is the purpose of this Act to provide a consistent Federal policy to encourage, support, and promote the private ownership of property and to ensure that the constitutional and legal rights of private property owners are protected by the Federal Government, its employees, agents, and representatives. SEC. 3. PROTECTION OF PRIVATE PROPERTY RIGHTS. (a) In implementing and enforcing the Acts, each agency head shall comply with applicable State and tribal government laws, including laws relating to private property rights and privacy; and shall administer and implement the Acts in a manner that has the least impact on private property owners' constitutional and other legal rights. (b) Each agency head shall develop and implement rules and regulations for ensuring that the constitutional and other legal rights of private property owners are protected when the agency head makes, or participates with other agencies in the making of, any final decision that restricts the use of private property. SEC. 4. PROPERTY OWNER CONSENT FOR ENTRY. (a) An agency head may not enter privately-owned property to collect information regarding the property, unless the private property owner has-- (1) consented in writing to that entry; (2) after providing that consent, been provided notice of that entry; and (3) been notified that any raw data collected from the property must be made available at no cost, if requested by the private property owner. (b) Subsection (a) does not prohibit entry onto property for the purpose of obtaining consent or providing notice required under subsection (a). SEC. 5. RIGHT TO REVIEW AND DISPUTE DATA COLLECTED FROM PRIVATE PROPERTY. An agency head may not use data that is collected on privately- owned property to implement or enforce any of the Acts, unless-- (1) the agency head has provided to the private property owner-- (A) access to the information; (B) a detailed description of the manner in which the information was collected; and (C) an opportunity to dispute the accuracy of the information; and (2) the agency head has determined that the information is accurate, if the private property owner disputes the information pursuant to subparagraph (C). SEC. 6. RIGHT TO AN ADMINISTRATIVE APPEAL OF WETLANDS DECISIONS. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by adding at the end the following new subsection: ``(u) Administrative Appeals.-- ``(1) The Secretary or Administrator shall, after notice and opportunity for public comment, issue rules to establish procedures to allow private property owners or their authorized representatives an opportunity for an administrative appeal of the following actions under this section: ``(A) A determination of regulatory jurisdiction over a particular parcel of property. ``(B) The denial of a permit. ``(C) The terms and conditions of a permit. ``(D) The imposition of an administrative penalty. ``(E) The imposition of an order requiring the private property owner to restore or otherwise alter the property. ``(2) Rules issued under paragraph (1) shall provide that any administrative appeal of an action described in paragraph (1) shall be heard and decided by an official other than the official who took the action, and shall be conducted at a location which is in the vicinity of the property involved in the action.''. SEC. 7. RIGHT TO ADMINISTRATIVE APPEAL UNDER THE ENDANGERED SPECIES ACT OF 1973. Section 11 of the Endangered Species Act of 1973 (16 U.S.C. 1540) is amended by adding at the end the following new subsection: ``(i) Administrative Appeals.-- ``(1) The Secretary shall, after notice and opportunity for public comment, issue rules to establish procedures to allow private property owners or their authorized representatives an opportunity for an administrative appeal of the following actions under this Act: ``(A) A determination that a particular parcel of property is critical habitat of a listed species. ``(B) The denial of a permit for an incidental take. ``(C) The terms and conditions of an incidental take permit. ``(D) The imposition of an administrative penalty. ``(E) The imposition of an order prohibiting or substantially limiting the use of the property. ``(2) Rules issued under paragraph (1) shall provide that any administrative appeal of an action described in paragraph (1) shall be heard and decided by an official other than the official who took the action, and shall be conducted at a location which is in the vicinity of the parcel of property involved in the action.''. SEC. 8. COMPENSATION FOR TAKING OF PRIVATE PROPERTY. (a) Eligibility.--A private property owner that, as a consequence of a final qualified agency action of an agency head, is deprived of 50 percent or more of the fair market value, or the economically viable use, of the affected portion of the property, as determined by a qualified appraisal expert, is entitled to receive compensation in accordance with this section. (b) Deadline.--Within 90 days after receipt of a final decision of an agency head that deprives a private property owner of fair market value or viable use of property for which compensation is required under subsection (a), the private property owner may submit in writing a request to the agency head for compensation in accordance with subsection (c). (c) Agency Head's Offer.--The agency head, within 180 days after the receipt of a request for compensation, shall stay the decision and shall provide to the private property owner-- (1) an offer to purchase the affected property of the private property owner at a fair market value assuming no use restrictions under the Acts; and (2) an offer to compensate the private property owner for the difference between the fair market value of the property without those restrictions and the fair market value of the property with those restrictions. (d) Private Property Owners' Response.--A private property owner shall have 60 days after the date of receipt of the agency head's offers under subsection (c) (1) and (2) to accept one of the offers or to reject both offers. If the private property owner rejects both offers, the private property owner may submit the matter for arbitration to an arbitrator appointed by the agency head from a list of arbitrators submitted to the agency head by the American Arbitration Association. The arbitration shall be conducted in accordance with the real estate valuation arbitration rules of that association. For purposes of this section, an arbitration is binding on the agency head and a private property owner as to the amount, if any, of compensation owed to the private property owner and whether for purposes of this section the private property owner has been deprived of fair market value or viable use of property for which compensation is required under subsection (a). (e) Judgment.--A qualified agency action of an agency head that deprives a private property owner of property as described in subsection (a), is deemed, at the option of the private property owner to be a taking under the Constitution of the United States and a judgment against the United States if the private property owner-- (1) accepts the agency head's offer under subsection (c); or (2) submits to arbitration under subsection (d). (f) Payment.--An agency head shall pay a private property owner any compensation required under the terms of an offer of the agency head that is accepted by the private property owner in accordance with subsection (d), or under a decision of an arbiter under that subsection, by not later than 60 days after the date of the acceptance or the date of the issuance of the decision, respectively. (g) Form of Payment.--Payment under this section, as that form is agreed to by the agency head and the private property owner, may be in the form of-- (1) payment of an amount equal to the fair market value of the property on the day before the date of the final qualified agency action with respect to which the property or interest is acquired; (2) a payment of an amount equal to the reduction in value; or (3) conveyance of real property or an interest in real property having a fair market value equal to that amount. (h) Other Rights Preserved.--This section does not preempt, alter, or limit the availability of any remedy for the taking of property or an interest in property that is available under the Constitution or any other law. (i) Final Judgments.--When a private property owner unsuccessfully seeks compensation under this section and thereafter files a claim for compensation under the fifth amendment to the Constitution and is successful in obtaining a final judgment ordering compensation from the claims court for that claim, the agency head making the final agency decision resulting in the taking shall reimburse the judgment fund for the amount of the judgment against the United States from funds appropriated to the agency for the 2 fiscal years following payment. SEC. 9. DEFINITIONS. For the purpose of this Act the following definitions apply: (1) ``The Acts'' means the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344). (2) ``Agency head'' means the Secretary or Administrator with jurisdiction or authority to take a final agency action under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344). (3) ``Non-Federal person'' means a person other than an officer, employee, agent, department, or instrumentality of-- (A) the Federal Government; or (B) a foreign government. (4) ``Private property owner'' means a non-Federal person (other than an officer, employee, agent, department, or instrumentality of a State, municipality, or political subdivision of a State, or a State, municipality, or subdivision of a State) that-- (A) owns property referred to in paragraph (5) (A) or (B); or (B) holds property referred to in paragraph (5)(C). (5) ``Property'' means-- (A) land; (B) any interest in land; and (C) any proprietary water right. (6) ``Qualified agency action'' means an agency action (as that term is defined in section 551(13) of title 5, United States Code) that is-- (A) under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); or (B) under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 10. PRIVATE PROPERTY OWNER PARTICIPATION IN COOPERATIVE AGREEMENTS. Section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535) is amended by adding at the end the following new subsection: ``(j) Notwithstanding any other provision of this section, when the Secretary enters into a management agreement under subsection (b) with any non-Federal person that establishes restrictions on the use of property, the Secretary shall notify all private property owners or lessees of the property that is subject to the management agreement and shall provide an opportunity for each private property owner or lessee to participate in the management agreement.''.

Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.

Private Property Owners Bill of Rights

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Caregiver Support Act of 1993''. SEC. 2. FAMILY CAREGIVER SUPPORT PROGRAM ESTABLISHED. (a) In General.--The Social Security Act (42 U.S.C. 301 et seq.) is amended by adding at the end thereof the following new title: ``TITLE XXI--GRANTS TO STATES FOR FAMILY CAREGIVER SUPPORT PROGRAMS ``purpose of title; authorization of appropriations ``Sec. 2101. For the purpose of enabling each State to furnish services to support informal caregivers of individuals with functional limitations by providing services designed to facilitate and strengthen informal support systems to help maintain individuals with functional limitations within the community, there are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the purposes of this title. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary, State plans for family caregiver support services. ``state plans for family caregiver support services ``Sec. 2102. A State plan for family caregiver support services must-- ``(1) provide that it shall be in effect in all political subdivisions of the State, and if administered by them, be mandatory upon them; ``(2) provide for financial participation by the State equal to not less than 50 percent of the administrative costs of operating the program in the State; ``(3) provide either for the establishment or designation of a single State agency or agencies (such agency may be the same agency established or designated under section 1902 of this Act) to administer or supervise the administration of the plan in coordination with home and community-based services provided under title XIX of this Act; ``(4) describe the steps that will be taken to ensure that all State government agencies responsible for the provision of family caregiver support services funded under this title with other Federal or State agencies or both on behalf of individuals with functional limitations and their caregivers shall be included in the development of the State plan so that all such services are coordinated with all other types of services and benefits such individuals and their caregivers may be receiving (or are eligible to receive); ``(5) describe the steps to be taken to ensure equitable access to family caregiver support services funded under this title for individuals of all ages with functional limitations and their caregivers, including individuals who have cognitive, mental, developmental, physical, sensory, or other impairments that meet the criteria of section 2104(b)(1); ``(6) describe the manner in which family caregiver support services funded under this title will be organized, delivered, and coordinated, statewide and within the various localities of the State, in order to achieve the objectives specified in subparagraphs (4) and (5) of this subsection; ``(7) specify the procedures used in notifying and obtaining input on the contents of the State plan from non- governmental organizations and individuals with an interest in the welfare of individuals with functional limitations; ``(8) provide that the State agency or agencies-- ``(A) make a determination of the need for family caregiver support services for the individual with functional limitations; ``(B) establish quality assurance for the delivery of family caregiver support services, including evaluation of individual and family satisfaction with the services provided; ``(C) establish a family caregiver support plan for each individual with functional limitations for services under this title, and provide for periodic review and revision as necessary; and ``(D) establish reimbursement levels for family caregiver support services; ``(9) provide that family caregiver support services funded under this title to an individual with functional limitations shall not supplant services otherwise provided to such individual for which such individual is eligible under titles XVIII or XIX of this Act or under any other public or private program; ``(10) provide-- ``(A) that no copayment shall be required for individuals with functional limitations with incomes below 200 percent of the income official poverty line (as determined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981); and ``(B) that a copayment shall be required on a sliding scale basis (as determined by the State) for individuals with functional limitations with incomes in excess of 200 percent of such income line; and ``(11) provide for making family caregiver support services available, including at least the care and services described in paragraphs (1) through (4) of section 2104(a) to all individuals with functional limitations. ``payment to states ``Sec. 2103. (a)(1) The Secretary (except as otherwise provided in this section) shall pay to each State which has a plan approved under this title, for each quarter, beginning with the quarter commencing January 1, 1994-- ``(A) an amount equal to 100 percent of the total amount expended during such quarter as family caregiver support services under the State plan subject to the applicable Federal payment limitation described in paragraph (2); and ``(B) an amount equal to 50 percent of so much of the sums expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan (including costs of needs determination and care planning). ``(2)(A) The applicable Federal payment limitation described in this paragraph is $2,400 per calendar year per individual with functional limitations, reduced by the offset, if any, described in subparagraph (B). ``(B) The total Federal payment to any State for each individual with functional limitations for a calendar year shall be reduced by the amount of any copayment paid by such an individual for family caregiver support services funded under this title in accordance with paragraph (10) of section 2102. ``(b) No payment shall be made under this title with respect to any amount expended for family caregiver support services in a calendar quarter for any individual with functional limitations with an income in excess of $75,000 per year. ``definitions ``Sec. 2104. (a) For purposes of this title, the term `family caregiver support services' means care and services in the home, or in the community, provided on a temporary, short term, intermittent, or emergency basis to support a caregiver in caring for an individual with functional limitations, including-- ``(1) companion services; ``(2) homemaker services; ``(3) personal assistance; ``(4) day services in the community; ``(5) temporary care in accredited or licensed facilities (admission to a hospital or nursing home for out-of-home care for a brief stay); and ``(6) such other services, as specified in State plan. ``(b)(1) For purposes of this title, an `individual with functional limitations'-- ``(A) is an individual 18 years of age or over who-- ``(i) cannot perform (without substantial human assistance, including supervision) at least 3 of the activities of daily living described in subparagraphs (A) through (E) of paragraph (2); or ``(ii) needs substantial human assistance or supervision because of cognitive or other mental impairment that-- ``(I) impedes ability to function; or ``(II) causes behavior that poses a serious health or safety hazard to such individual or others; or ``(B) is a child who is receiving disability payments, or would be eligible for such payments, but for the income or resource limitations considered for determining eligibility under title XVI of this Act. ``(2) The activities of daily living described in this paragraph are-- ``(A) toileting; ``(B) eating; ``(C) transferring; ``(D) dressing; and ``(E) bathing. ``(c) For purposes of this title, the term `caregiver' means a spouse, parent, child, relative or other person who-- ``(A) has primary responsibility (as defined by the Secretary) of providing care for one individual with functional limitations; ``(B) does not receive financial remuneration for providing such care for such individual; and ``(C) who has provided such care to such individual for a period of not less than 3 months. ``(d) For purposes of this title, the term `family caregiver support plan' means a written plan, developed in cooperation with the caregiver and the individual with functional limitations to reflect their choices and preferences for the type, frequency, and duration of family caregiver support services to be provided under the plan. ``maintenance of effort ``Sec. 2105. States receiving payments under section 2103 must maintain current levels of funding for family caregiver support services to individuals with functional limitations and their caregivers in order to be eligible to continue to receive payments for such services under this title.''. (b) Effective Date.--The amendment made by subsection (a) shall become effective with respect to services furnished on or after January 1, 1994.

Family Caregiver Support Act of 1993 - Amends the Social Security Act (SSA) to establish a program to enable States to furnish services to support informal caregivers of eligible individuals with functional disabilities. Outlines State plan requirements for such caregiver support services, including requirements that: (1) States support 50 percent of program administration costs; (2) program services may not supplant services otherwise available to eligible recipients under Medicare or Medicaid (SSA titles XVIII and XIX) or any other public or private health insurance plan; and (3) persons with incomes exceeding 200 percent of the Federal poverty level must make co-payments on a sliding scale basis established by the State. Caps total annual Federal expenditures per eligible recipient. Authorizes appropriations.

Family Caregiver Support Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Television Transition Consumer Relief Act of 2008''. SEC. 2. TEMPORARY DUTY SUSPENSION AND RELIQUIDATION OF CERTAIN DIGITAL- TO-ANALOG CONVERTER BOXES AND TELEVISION TUNERS. (a) Findings.--Congress finds the following: (1) The Digital Television Transition and Public Safety Act of 2005 (Public Law 109-171) provided that all full power television broadcasts be switched to digital format on February 17, 2009. (2) Nearly 20,000,000 United States consumers do not subscribe to cable or satellite television service and millions more have untethered television sets that only receive over- the-air signals. (3) Upon the conversion to the digital format mandated by Congress, these households will no longer receive any television signal unless they are equipped with digital-to- analog converters. (4) Low and middle income families, rural residents, American Indians, senior citizens, the infirmed and the physically and mentally impaired are less likely to own television sets capable of receiving a digital signal without the purchase of digital-to-analog converters. (5) The conversion to an all digital format should not place an unfair economic burden on those families of the United States least able to afford it. (6) The U.S. Customs and Border Protection agency is collecting an import tax, or duty, on converter boxes, which adds to the costs of converting to receiving a digital signal. (b) Sense of Congress.--It is the sense of Congress that the costs to convert to an all digital format should be affordable for all people of the United States, and especially those of lower incomes. (c) Definition of Digital-to-Analog Converter Box.--The U.S. Notes at the beginning of subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by adding at the end the following: ``20. For purposes of headings 9902.85.28 and 9902.85.29, the term `digital-to-analog converter box' means a stand-alone device that does not contain features or functions except those necessary to enable a consumer to convert any channel broadcast in the digital television service into a format that the consumer can display on television receivers designed to receive and display signals only in the analog television service, but may also include a remote control device.''. (d) Temporary Duty Suspensions.-- (1) Digital-to-analog converter boxes.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.85.28 Digital-to-analog Free No change No change On or before 12/ ''. converter boxes 31/2009....... (provided for in subheading 8528.71.40)...... (2) Certain television tuners.--Such subchapter is further amended by inserting in numerical sequence the following new heading: `` 9902.85.29 Television tuners Free No change No change On or before 12/ ''. used in the 31/2009....... United States assembly of digital-to-analog converter boxes (provided for in subheading 8529.90.29)...... (e) Retroactive Effective Date.--The amendments made by subsection (d) apply to goods entered, or withdrawn from warehouse for consumption, on or after December 1, 2007. (f) Reliquidation of Entries.-- (1) In general.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to the provisions of paragraph (2), the U.S. Customs and Border Protection shall, not later than 90 days after the receipt of a request described in paragraph (2), liquidate or reliquidate as applicable any entry described in paragraph (4) at the applicable rate under subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States, as amended by subsection (d). (2) Requests.--Liquidation or reliquidation may be made under paragraph (1) with respect to an entry described in paragraph (4) only if-- (A) a request therefore is filed with U.S. Customs and Border Protection not later than 90 days after the date of the enactment of this Act; and (B) the request contains sufficient information to enable U.S. Customs and Border Protection to locate the entry or reconciliation entry if it cannot be located. (3) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of any entry under paragraph (1) shall be paid, with interest, not later than 180 days after the date of such liquidation or reliquidation. (4) Entries described.--The entries referred to in paragraph (1) are the entries, or withdrawals from warehouse for consumption, of goods to which duty-free treatment is provided by subsections (d) and (e)-- (A) that was made on or after December 1, 2007; and (B) with respect to which there would have been no duty if subsection (d) of this Act had applied to such entry or withdrawal.

Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on digital-to-analog converter boxes, and for other purposes.

A bill to suspend temporarily the duty on digital-to-analog converter boxes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Link-up for Learning Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Growing numbers of children live in an environment of social and economic conditions that greatly increase their risk of academic failure when they become students. (2) More than 20 percent of the Nation's children live in poverty while at the same time the Nation's infrastructure of social support for children of poor families has greatly eroded; for example, 40 percent of eligible children do not receive free or reduced price lunches or benefit from food stamps, 25 percent are not covered by health insurance, and only 20 percent are accommodated in public housing. (3) Many at-risk students suffer the effects of inadequate nutrition and health care, overcrowded and unsafe living conditions and homelessness, family and gang violence, substance abuse, sexual abuse, and child abuse, involuntary migration, and limited English proficiency that often create severe barriers to learning the knowledge and skills needed to become literate, independent, and productive citizens. (4) Almost half of all children and youths live in a single parent family for some period of their lives, greatly reducing parental involvement in their education. (5) High proportions of disadvantaged and minority children are with never married mothers or teenage mothers, greatly limiting the resources available for early childhood development and education. (6) Large numbers of children and youths are recent immigrants or children of recent immigrants with limited English proficiency and significant unmet educational needs. (7) Services for at-risk students are fragmented, expensive, overregulated, often ineffective and duplicative, and focused on narrow problems and not the needs of the whole child and family. (8) School personnel and other support service providers often lack knowledge of and access to available services for at-risk students and their family in the community, are constrained by bureaucratic obstacles from providing the services most needed, and have few resources or incentives to coordinate services. (9) Service providers for at-risk students such as teachers, social workers, health care givers, juvenile justice workers and others are trained in separate institutions, practice in separate agencies, and pursue separate professional activities that provide little support for coordination and integration of services. (10) Coordination and integration of services for at-risk students emphasizing prevention and early intervention offer a great opportunity to break the cycle of poverty that leads to academic failure, teenage parenthood, leaving school, low skill levels, unemployment, and low income. (11) Coordination of services is more cost effective for schools and support agencies because it reduces duplication, improves quality of services, and substitutes prevention for expensive crisis intervention. SEC. 3. PURPOSES. (a) Improvement of Student Performance.--It is the purpose of this Act to establish a program of grants to local educational agencies to improve the educational performance of at-risk students by-- (1) removing barriers to their learning; (2) coordinating and enhancing the effectiveness of educational support services; (3) replicating and disseminating programs of high quality coordinated support services; (4) increasing parental educational involvement; (5) improving the capacity of school and support services personnel to collaborate; (6) integrating services, regulations, data bases, eligibility procedures, and funding sources whenever possible; and (7) focusing school and community resources on prevention and early intervention strategies to address student needs holistically. (b) Coordination.--It is also the purpose of this Act to provide assistance to foster planning, coordination, and collaboration among local, county, State, and Federal educational and other student support service agencies and levels of government, nonprofit organizations, and the private sector to improve the educational performance of at-risk students by-- (1) identifying and removing unnecessary regulations, duplication of services, and obstacles to coordination; (2) improving communication and information exchange; (3) creating joint funding pools or resource banks; (4) providing cross-training of agency personnel; and (5) increasing parental and community involvement in education. SEC. 4. ELIGIBILITY. (a) Coordinated Services.--A local educational agency that seeks to plan and implement a coordinated services program for at-risk students with at least 1 other cooperating public agency is eligible to apply. (b) Coordinating Support Services.--A consortium, including at least 1 local educational agency and 1 cooperating public service agency, formed for the purpose of coordinating support services for at- risk students is eligible to apply. (c) Cooperating Agencies.--Nonprofit organizations, institutions of higher education, and private enterprises with experience or expertise in providing services for at-risk students may also participate as a cooperating agency with a local educational agency or consortium in developing, operating, or evaluating programs assisted under this Act. (d) Head Start Agencies.--A local educational agency that is receiving assistance under the Head Start Transition program shall also be eligible for assistance under this Act if it meets the requirements under subsection (a) or (b) and the cooperating public agency is in addition to a local Head Start agency. (e) Limitation.--A local educational agency shall not be eligible to apply unless it is eligible to receive financial assistance under chapter 1 of the Elementary and Secondary Education Act of 1965. SEC. 5. TARGET POPULATION. (a) Eligible Students.--Educationally deprived students, in chapter 1 eligible schools or students in chapter 1 schoolwide projects, and their family members, may receive services provided by a project funded under this Act. (b) Eligible Schools, Grades, and Areas.--An eligible local educational agency may select any school, grade span, or program area for project services providing the requirements of subsection (a) are met and the project design is of adequate size, scope, and quality to achieve project outcomes. SEC. 6. AUTHORIZED USES OF FUNDS. Local educational agencies receiving grants under this Act may use the funds to-- (1) plan, develop, coordinate, acquire, expand, or improve school-based or community-based education support services through cooperative agreements, contracts for services, or direct employment of staff to strengthen the educational performance of at-risk students; education support services may include but are not limited to child nutrition and nutrition education; health education, screening and referrals; student and family counseling, substance abuse prevention; extended school-day enrichment and remedial programs; child care; tutoring; mentoring; homework assistance; special curricula; family literacy; and parent education and involvement activities; (2) plan, develop, and operate with other agencies a coordinated services program for at-risk students to increase their access to community-based social support services including but not limited to child nutrition, health and mental health services; substance abuse prevention and treatment; foster care and child protective services; child abuse services; welfare services; recreation; juvenile delinquency prevention and court intervention; job training and placement; community-based alternatives to residential placements for handicapped students; and alternative living arrangements for students with dysfunctional families; (3) develop effective strategies for coordinated services for at-risk students whose families are highly mobile; (4) develop effective prevention and early intervention strategies with other agencies to serve at-risk students and families; (5) improve interagency communications and information- sharing including developing local area telecommunications networks, software development, data base integration and management, and other applications of technology that improve coordination of services; (6) support colocation of support services in schools, cooperating service agencies, community-based centers, public housing sites, or other sites nearby schools including rental or lease payments, open and lock-up fees, or maintenance and security costs necessary for the delivery of services for at- risk students; (7) design, implement, and evaluate unified eligibility procedures, integrated data bases, and secure confidentiality procedures that facilitate information sharing; (8) provide at-risk students with integrated case planning and case management services through staff support for interagency teams of service providers or hiring school-based support services coordinators; (9) subsidize the coordination and delivery of education- related services to at-risk students outside the school site by a participating service agency such as a public housing authority, library, senior citizen center, or community based organization; (10) provide staff development for teachers, guidance counselors, administrators, and participating agency support services staff including cross-agency training in service delivery for at-risk students; (11) plan and operate 1-stop school-based or nearby community-based service centers to provide at-risk students and their families with a wide variety and intensity of support services such as information, referral, expedited eligibility screening and enrollment, and direct service delivery; and (12) support dissemination and replication of a model coordinated educational support services program to other local educational agencies including materials and training. SEC. 7. APPLICATION REQUIREMENTS. An applicant seeking assistance under this Act shall submit an application that provides evidence of-- (1) the degree of need for a coordinated services plan among the students of the local educational agency; (2) the expected improvement in educational outcomes for at-risk students served by the program; (3) a plan for assessing educational and other outcomes of support services by each cooperating agency providing support services; (4) participation of a coordinated services program advisory council in the development of the application which council shall consist of the head of each cooperating support services agency, a member of the local board of education and the superintendent of schools or their designees, representatives of parents, students, and the private sector; (5) a plan for improving the educational achievement of at- risk youth through more effective coordination of support services, staff development and cross-agency training, and the educational involvement of parents; (6) a plan for continuing support services when Federal assistance is terminated; and (7) capacity to serve as a model that could be replicated by other local educational agencies. SEC. 8. SPECIAL CONSIDERATIONS. In making an award under this Act, the Secretary shall give special consideration to-- (1) the geographic distribution of awards, including urban and rural districts; (2) districts with high proportions of at-risk students; (3) plans that include interagency teams of collaborators to provide case management services; and (4) districts that experience a significant increase in the number of at-risk students. SEC. 9. REVIEW OF APPLICATIONS. The Secretary of Education shall coordinate review of applications with the Secretary of Health and Human Services and the Secretary of Housing and Urban Development as appropriate. SEC. 10. DURATION. Grants under this Act may be for up to 3 years duration subject to providing the Secretary with evidence of satisfactory progress toward the achievement of program objectives. SEC. 11. LIMITATIONS. (a) Federal Share.--Federal funds may be used for no more than 80 percent of the costs of the project with the remaining funds coming from non-Federal sources, including in-kind services. (b) Limitation on Liability for Costs.--In no case may a local educational agency be held liable for the cost of a service under the project provided by a cooperating agency that is not required by law or mutually agreed to. (c) Nonentitlement.--The provision of any support service under this program by a local educational agency or cooperating agency to any student does not entitle that student or other similarly situated students to the continuation of such services if at any time the local educational agency chooses to terminate the program or if Federal funds are withdrawn for any reason. (d) Limitation on Planning Costs.--No more than 1/3 of project funds may be used for planning a coordinated services program. (e) Limitation on Delivery of Direct Services.--No more than 50 percent of project funds may be used for the delivery of direct services. (f) Supplementation of Non-Federal Funds.--All Federal funds must be used to supplement and not supplant the funds that would otherwise be available from non-Federal sources for this project. SEC. 12. FEDERAL INTERAGENCY TASK FORCE. There is established a Federal Interagency Task Force consisting of the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, and the heads of other Federal agencies, as appropriate, for the purpose of identifying means to facilitate interagency collaboration at the Federal, State, and local level to improve support services for at-risk students. The Task Force shall, at a minimum-- (1) identify, and to the extent possible, eliminate program regulations or practices that impede coordination and collaboration; (2) develop and implement whenever possible plans for creating jointly funded programs, unified eligibility and application procedures, and confidentiality regulations that facilitate information sharing; and (3) make recommendations to the Congress concerning a comprehensive youth policy and legislative action needed to facilitate coordination of support services. SEC. 13. STUDY. The Secretary of Education shall conduct a study of grantees under the Act to identify the regulatory and legislative obstacles encountered in developing and implementing coordinated support services programs and the innovative procedures and program designs developed with support under the Act and report the results to the Congress with recommendations for further legislative action to facilitate coordinated educational support services. SEC. 14. AUTHORIZATION OF FUNDS. There are authorized to be appropriated to carry out the provisions of this Act $250,000,000 for the fiscal year 1994 and such sums as may be necessary for each of the fiscal years 1995, 1996, 1997, 1998, and 1999.

Link-up for Learning Act - Establishes a program of grants to local educational agencies (LEAs) in partnership with other eligible entities for coordinated educational and other student support services for at-risk youth. Makes eligible to apply for such a grant: (1) an LEA that seeks to plan and implement a coordinated services program for at-risk students with at least one other cooperating public agency; and (2) a consortium, including at least one LEA and one cooperating public service agency, formed to coordinate support services for at-risk students. Allows nonprofit organizations, institutions of higher education, and private enterprises with experience or expertise in providing services for at-risk students also to participate as cooperating agencies. Allows educationally deprived students and their family members to receive services provided by a project under this Act. Allows an eligible LEA to select any school, grade span, or program area for project services, providing such student eligibility requirements are met and the project design is of adequate size, scope, and quality. Allows such grants to be for up to three years, subject to satisfactory progress. Limits the Federal share of project costs to 80 percent. Establishes a Federal Interagency Task Force to identify means to facilitate interagency collaboration at Federal, State, and local levels to improve support services for at-risk students. Requires the Task Force to: (1) eliminate program regulations or practices impeding coordination and collaboration; and (2) implement plans for jointly funded programs and unified eligibility and application procedures. Directs the Secretary of Education to study and report to the Congregrantees under this Act to identify regulatory and legislative obstacles to coordinated support services and innovative procedures and programs. Authorizes appropriations.

Link-up for Learning Act

SECTION 1. RESTRICTING CERTAIN FEDERAL ASSISTANCE BENEFITS TO INDIVIDUALS VERIFIED TO BE CITIZENS. (a) Restriction.-- (1) In general.--Notwithstanding any other provision of law, an individual is not eligible for a Federal assistance benefit (as defined in paragraph (2) of this subsection) unless the individual meets the citizenship requirement specified in subsection (b)(1). (2) Federal assistance benefit.--In this section, the term ``Federal assistance benefit'' means, with respect to an individual, assistance furnished to the individual (or to the household, family, or other similar unit that includes the individual) under any Federal assistance program (as defined in subsection (e)), including any benefit furnished under a grant or contract made pursuant to any such program, but does not include an entity receiving a grant or contract under such a program if the grant or contract is used to furnish assistance other than to the entity receiving the grant or contract. (b) Citizenship, Attestation, and Citizenship Verification Requirements.-- (1) Citizenship requirement.--The citizenship requirement specified in this paragraph, with respect to an individual, is that the individual must meet-- (A) the attestation requirement of paragraph (2); and (B) the citizenship verification requirement of paragraph (3). (2) Attestation requirement.--An individual meets the attestation requirement of this paragraph for a Federal assistance benefit if the individual has filed, in connection with the application for the benefit (or, in the case of an individual who is a recipient of the benefit, filed with the provider of the benefit), a declaration in writing (under penalty of perjury and in a form and manner specified under subsection (c)(3)) that the individual is a citizen or national of the United States. (3) Citizenship verification requirement.-- (A) In general.--An individual meets the citizenship verification requirement of this paragraph-- (i) in connection with an application for a Federal assistance benefit, if the individual-- (I) furnishes in connection with the application satisfactory documentary evidence (as defined in section 1903(x)(3) of the Social Security Act (42 U.S.C. 1396b(x)(3)) of United States citizenship or nationality; (II) furnishes in connection with the application a photographic identity document described in section 274A(b)(1)(D) of the Immigration and Nationality Act; and (III) furnishes in connection with the application the individual's name and social security account number and has the name and number and citizenship or nationality status confirmed in accordance with subparagraphs (B)(ii) and (C)(ii) as being consistent with information in the records maintained by the Commissioner of Social Security or the Secretary of Homeland Security, respectively; or (ii) in the case of a recipient of a Federal assistance benefit, if the individual furnishes to the provider of the benefit the documentary evidence and other information described in clause (i), and has the individual's name and social security account number and social security number and citizenship or nationality status confirmed as described in clause (i)(III). (B) Confirmation through social security.-- (i) Transmittal of ssn to ssa.--An entity that is furnished a name, social security account number, and other identity information for an individual under subparagraph (A) shall submit the name and number to the Commissioner of Social Security for confirmation under clause (ii) of this subparagraph. (ii) Confirmation or nonconfirmation by ssa.--Upon receipt of a submittal under clause (i) from an entity, the Commissioner shall compare the information submitted with the information in the records maintained by the Commissioner and transmit to the entity either a confirmation or nonconfirmation as to whether the number submitted is valid and whether the information in the Social Security Administration indicates that the individual is a citizen or national of the United States. (C) Confirmation through dhs.-- (i) Transmittal to dhs.--An entity that is furnished a name and social security account number and other identity information for an individual under subparagraph (A) of this paragraph shall submit the name and number and such other identifying information as the Director may require under subsection (c)(3)(B) respecting the individual to the Secretary of Homeland Security for confirmation under clause (ii) of this subparagraph. (ii) Review and confirmation or nonconfirmation by dhs.--Upon receipt of a submittal under clause (i) from an entity, the Secretary of Homeland Security shall transmit to the entity either a confirmation or nonconfirmation as to whether the information in the records of the Department of Homeland Security indicates that the individual is a citizen or national of the United States. (D) Verification through save program.--An entity that is furnished a name and social security account number and other identity information for an individual under subparagraph (A) shall verify that the individual is not included as a noncitizen in the Systematic Alien Verification for Entitlements (SAVE) Program of the Department of Homeland Security. (E) Notice.--In the case of an individual who does not provide the documentary evidence referred to in subparagraph (A) or who does not receive confirmation of United States citizenship or nationality under subparagraph (B)(ii) or (C)(ii), the entity processing the application for, or providing, the Federal assistance benefit involved shall notify the individual of the individual's ineligibility under this section with respect to the benefit, and of the opportunity of the individual to appeal the ineligibility determination. (F) Appeals process.--The head of any department or agency of the Federal Government who is administering a Federal benefit program shall provide a process through which an individual may appeal a determination made under this Act that an individual is ineligible for a Federal assistance benefit. (4) National defined.--In this section, the term ``national'' means a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). (c) Additional Rules; Administration.-- (1) Treatment of certain families and households.--In the case of a Federal assistance benefit which is made available based on-- (A) eligibility for a child, the child shall be treated as meeting the citizenship requirement of subsection (b)(1) if the child, or a parent or legal guardian of the child, meets the requirement; and (B) eligibility for a household or other family unit, the members of the household or family unit shall be treated as meeting the citizenship requirement if any individual who is treated as a member of the household or family unit meets the requirement, except that-- (i) if the program under which the benefit is furnished is the program for supportive housing for the elderly under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), the citizenship requirement must be met by an elderly individual who is member of the household; and (ii) if the program under which the benefit is furnished is the program for supportive housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), the citizenship requirement must be met by a disabled individual who is a member of the household. (2) Satisfaction of requirement.--Once an individual meets the citizenship requirement of subsection (b)(1) with respect to a Federal assistance benefit, the individual shall be treated as continuing to meet the requirement for the benefit so long as the individual otherwise remains continuously eligible for the benefit. (3) General administration.-- (A) In general.--The Director of the Office of Management and Budget may issue such regulations and guidance as may be required to carry out this section. (B) Specifications of declaration form and verification process.--Not later than 30 days after the date of the enactment of this Act, the Director shall specify the form and manner of the declaration of citizenship form under subsection (b)(2) and the method for verifying citizenship to be used under subsection (b)(3) consistent with the following: (i) The declaration form shall be based on the declaration form used for purposes of section 1137(d)(1)(A) of the Social Security Act (42 U.S.C. 1320b-7(d)(1)(A)). (ii) The verification process described in subparagraphs (A), (B), and (C) of subsection (b)(3) shall be based on the process used for purposes of paragraphs (1) and (2) of section 1902(ee) of the Social Security Act (42 U.S.C. 1396a(ee)). (4) Superseding other citizenship-related eligibility requirements.--The provisions of this section supersede any provisions of law relating to the eligibility for Federal assistance benefits of individuals based on citizenship, nationality, or immigration status, unless the Director of the Office of Management and Budget determines that the provisions of the law are more restrictive than the requirements of this section. (d) Disqualification for Willful and Repeated Noncompliance.-- (1) In general.--If the Director of the Office of Management and Budget determines that an entity providing a Federal assistance benefit has willfully and repeatedly furnished the benefit to individuals who have not met the citizenship requirement of subsection (b)(1) or has willfully and repeatedly failed to submit information as required under subparagraph (B)(i) or (C)(i) of subsection (b)(3), the entity is disqualified from furnishing the benefit, and the Director shall add the name of the entity to the List of Excluded Individuals/Entities, until the Director determines that any such benefit furnished to any such individual has been recovered. (2) Monitoring of programs by the inspectors general.--The Inspector General for the respective Federal Department or agency with primary responsibility for a Federal assistance program shall provide for regular reports on compliance of the entities furnishing benefits under the program in applying subsection (a). (e) Federal Assistance Program Defined.--In this section, the term ``Federal assistance program''-- (1) means any provision of Federal law (other than the Internal Revenue Code of 1986 or any other Federal law pertaining to taxation) that authorizes a benefit to be furnished for which eligibility is based in whole or in part on the income or resources of the beneficiary; and (2) includes any provision of the Social Security Act that authorizes a benefit to be furnished. (f) Effective Date.-- (1) In general.--Subsection (a) shall apply to determinations (including redeterminations) of eligibility made on or after the date that is 1 year after the date of the enactment of this Act. (2) Transition rule.--In no case shall an individual remain eligible for a Federal assistance benefit after the date that is 2 years after the date of the enactment of this Act without satisfying the citizenship requirement of subsection (b)(1).

This bill restricts eligibility for certain federal assistance benefits to an individual who submits, with an application for benefits, specified verification that the individual is a citizen or national of the United States.

To restrict certain Federal assistance benefits to individuals verified to be citizens of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grand Staircase-Escalante Resource Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the designation of the Grand Staircase-Escalante National Monument applies only to Federal land within the boundary of the Monument; (2) multiple use has been and continues to be the guiding principle in the management of public land; (3) in accordance with Proclamation 6920, issued by the President on September 18, 1996 (61 Fed. Reg. 50223 (1996), Federal land within the Monument should remain open for multiple uses; (4) the United States should not lay claim to Federal water rights in lands within the Monument except in accordance with the substantive and procedural requirements of the State of Utah, and designation of the Monument and enactment of this Act should not impair exercise of water rights by the State of Utah; (5) mining revenues from Federal and State School and Institutional Trust Lands have generated considerable revenues for Utah schools; (6) an estimated 176,000 acres of surface land containing significant coal and other resources managed by the School and Institutional Trust Lands Administration for the benefit of Utah's school children are located within the boundary of the Monument; (7) the creation of the Monument must not come at the expense of Utah's school children; (8) designation of the Monument will produce a considerable loss of future Federal royalties, State royalties, and school trust royalties resulting in significant revenue loss to Utah's school children; and (9) the lack of congressional, State, and local consultation prior to designation of the Monument and the failure of the Proclamation to establish a specific boundary for the Monument are certain to give rise to disputes that will require boundary adjustments. SEC. 3. DEFINITIONS. In this Act: (1) Advisory committee.--The term ``advisory committee'' means the Grand Staircase-Escalante National Monument Advisory Committee established under section 12. (2) Director.--The term ``Director'' means the Director of the Bureau of Land Management. (3) Existing.--The term ``existing'' means in existence as of September 18, 1996. (4) Management plan.--The term ``management plan'' means the management plan for the Monument submitted to Congress under section 9. (5) Monument.--The term ``Monument'' means the Grand Staircase-Escalante National Monument established by Proclamation of the President on September 18, 1996. (6) Multiple use.--The term ``multiple use'' has the meaning given in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Special management area.--The term ``special management area'' means an area that is managed by the Secretary in accordance with the principles of multiple use and sustained yield in accordance with this Act. (9) Sustained yield.--The term ``sustained yield'' has the meaning given in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). SEC. 4. MANAGEMENT OF THE MONUMENT. (a) Special Management Area.-- (1) In general.--The Monument shall be managed by the Secretary as a special management area in accordance with this Act. (2) Multiple use and sustained yield.--The Secretary shall manage the resources within the Monument in accordance with the principles of multiple use and sustained yield (including recreation, range, timber, minerals, oil and gas, watershed, wildlife, fish, and natural scenic, scientific, and historical values), using principles of economic and ecologic sustainability. (3) Protection of resources.--The Secretary shall provide for the protection, interpretation, and responsible use of Monument resources. (4) Economic sustainability.--The Secretary shall manage the Monument resources in a way that provides for economic sustainability of local communities. (b) Management Authority.-- (1) Delegation to the director.--The Secretary shall delegate authority to manage the Monument to the Director. (2) Lead agency.--The Bureau of Land Management shall be the lead agency in all management decisions concerning the Monument, pursuant to all applicable legal authorities, and shall act in consultation with other Federal agencies, State and local government authorities, and the advisory committee. (c) Future Action.--Nothing in this Act precludes the revocation of the Proclamation 6920 by Act of Congress or by Executive order, but, so long as land within the Monument remains subject to designation as a national monument under Proclamation 6920, any successor proclamation, or an Act of Congress, the Monument shall be managed in accordance with this Act. SEC. 5. VALID EXISTING RIGHTS AND USES. (a) Exercise of Valid Existing Rights.-- (1) In general.--The Secretary shall recognize and give due deference to the exercise of any valid existing right, lease, permit, or authorization under any law, including-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B)(i) sections 2319-28, 2331, 2333-2337, and 2344 of the Revised Statutes (commonly known as the ``General Mining Law of 1872'') (30 U.S.C. 22-24, 26- 28, 29-30, 33-35, 37, 39-42, 47); and (ii) the Act entitled ``An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain'', approved February 25, 1920 (commonly known as the ``Mineral Lands Leasing Act of 1920'') (30 U.S.C. 181 et seq.); (C) section 2477 of the Revised Statutes (43 U.S.C. 932) (to the extent of any rights-of-way existing on October 21, 1976); (D) the Act of June 28, 1934 (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.) (commonly known as the ``Taylor Grazing Act''); (E) the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.); and (F) any other applicable law. (2) No restriction.--Neither designation of the Monument nor adoption and implementation of the applicable management plan shall restrict or prevent the exercise of valid existing rights by persons that exercise those rights in compliance with all applicable laws. (b) Roads and Rights-of-Way.--The Secretary shall permit routine maintenance and improvement of roads and rights-of-way within Monument boundaries to ensure public safety and a high-quality visitor experience. (c) Takings.--Any valid existing right determined to be taken as a result of designation of the Monument shall be subject to compensation by the Secretary. SEC. 6. RANGE MANAGEMENT. (a) Grazing of Livestock.--Grazing of livestock within the Monument shall continue and shall not be curtailed by reason of designation of the Monument. Designation of the Monument shall not affect existing grazing leases, grazing permits, and levels of livestock grazing within the Monument. (b) Water Rights.--The Secretary shall not require a grazing permittee or grazing lessee to transfer or relinquish any part of the permittee's or lessee's water right to another person (including the United States) as a condition of granting, renewing, or transferring a grazing permit or grazing lease. SEC. 7. WITHDRAWALS. No existing withdrawal, reservation, or appropriation shall be revoked except in accordance with section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714). SEC. 8. NO FEDERAL RESERVATION OF WATER RIGHT. (a) No Federal Reservation.--Nothing in this Act, any other Act, or any action taken under any Act creates an expressed or implied reservation of water rights in the United States for any purpose. (b) Acquisition and Exercise of Water Rights Under Utah Law.-- (1) Acquisition.--The United States may acquire such water rights as the Secretary considers to be necessary to carry out responsibilities of the Secretary with respect to any land within the Monument only in accordance with the substantive and procedural requirements of the law of the State of Utah. (2) Exercise.--Any rights to water granted under the law of the State of Utah may be exercised only in accordance with the substantive and procedural requirements of the law of the State of Utah. (3) Eminent domain.--Nothing in this Act authorizes the use of the power of eminent domain by the United States to acquire water rights on land within the Monument. (c) Facilities Not Affected.--Nothing in this Act or any other Act relating to management of land within the Monument authorizes any action to be taken that may affect the capacity, operation, repair, construction, maintenance, modification, or repair of municipal, agricultural, livestock, or wildlife water facilities within or outside the Monument or water resources that flow through the Monument. (d) Water Resource Projects.--Nothing in this Act or any other Act relating to management of land within the Monument limits, or establishes any matter to be taken into consideration in connection with approval or denial by any Federal official of access to, or use of, the Federal land within or outside the Monument for development and operation of water resource projects (including reservoir projects). SEC. 9. MANAGEMENT PLAN. (a) Management in Accordance With FLPMA.-- (1) In general.--Not later than September 18, 1999, the Secretary shall submit to Congress a management plan for the Monument. (2) Multiple use and sustained yield.--In the development and revision of the management plan, the Secretary shall use and observe the principles of multiple use and sustained yield and shall use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences. (b) Requirements.--In the management plan, the Secretary shall specifically address-- (1) the multiple uses of all of the resources of the Monument (including recreation, range, timber, mineral, oil and gas, watershed, wildlife, fish, and natural scenic, scientific, and historical resources) in a responsible manner, under all applicable laws and authorities; and (2) the economic impacts of the Monument on the economies of local communities. (c) Notice and Comment.--The management plan shall be made available for public review and comment as required by law. (d) Utilization of Monument Resources.--Development and utilization of resources within the Monument shall be authorized if-- (1) the President or Congress determines it to be in the interests of the United States; or (2) in case of a national emergency. (e) Interim Management Plan.-- (1) In general.--Not later than 45 days after the date of enactment of this Act, the Secretary shall modify any guidelines in existence on the date of enactment of this Act regarding management of the Monument to conform to the requirements of this Act. (2) Pending applications.--No lease on land within the Monument with respect to which an application of any kind was pending on September 18, 1996, or is pending on the date of enactment of this Act shall expire if the Secretary has not acted on the application. SEC. 10. STATE JURISDICTION WITH RESPECT TO FISH AND WILDLIFE. Nothing in this Act-- (1) affects the jurisdiction or responsibilities of the State of Utah with respect to fish and wildlife management activities (including hunting, fishing, trapping, predator control, and the stocking or transplanting of fish and wildlife); or (2) precludes the State of Utah from developing water resources for fish and wildlife purposes under State law. SEC. 11. SCHOOL TRUST LANDS EXCHANGE. (a) Expedition of Exchanges.--The Secretary shall provide necessary resources to expedite all exchanges of school trust lands within the Monument when sought by the School and Institutional Trust Lands Administration of the State of Utah. (b) Valuation.--The Secretary shall value school trust land sections as if surrounding unencumbered Federal lands were available for mineral development, and all reasonable differences in valuation shall be resolved in favor of the school trust. (c) Analysis of Lost Royalties.--Not later than 45 days after the date of enactment of this Act, the Secretary shall submit to Congress an analysis of the loss of Federal royalties that can be expected to result from designation of the Monument, based on research compiled by the United States Geological Survey. (d) Access to State Sections.--The Secretary shall not deny access to school trust lands within the Monument by agencies of the State of Utah and designated permittees of those agencies. SEC. 12. ADVISORY COMMITTEE. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and convene a meeting of an advisory committee to be known as the ``Grand Staircase- Escalante National Monument Advisory Committee''. (b) Duties and Responsibilities.--The advisory committee shall advise the Secretary, the Director, and the Governor of the State of Utah concerning the development, management, and interpretation of Monument resources and the development, exchange, or disposal of State school trust lands. (c) Membership.--The advisory committee shall consist of-- (1) the Secretary, the Governor of the State of Utah, the member of the House of Representatives from the third congressional district, and the 2 members of the Senate from the State of Utah; and (2) 10 members appointed by the Secretary of the Interior from among persons recommended by the Governor of Utah, including-- (A) 1 representative of agricultural interests; (B) 1 representative of mining and oil and gas interests; (C) 1 representative of recreational interests; (D) 1 representative of environmental interests; (E) 1 representative of the School Institutional Trust Lands Administration of the State of Utah; (F) 1 representative of the Department of Natural Resources of the State of Utah; (G) 1 representative of other agencies of the State of Utah; (H) 1 representative of local communities; (I) 1 representative of Native Americans; and (J) 1 representative of the public at large. (d) Terms.--A member of the advisory committee shall serve for a term not to exceed 5 years, determined by the Secretary in consultation with the Governor of the State of Utah, and may serve more than 1 term. (e) Vacancies.--A vacancy on the advisory committee shall be filled in the same manner as the original appointment is made. A member of the advisory committee may serve until a successor is appointed. (f) Chairperson.--The advisory committee shall select 1 member to serve as chairperson. (g) Meetings.--The advisory committee shall meet regularly. (h) Quorum.--A majority of members shall constitute a quorum. (i) Compensation.--Members of the advisory committee shall serve without compensation, except that members shall be entitled to reimbursement of travel expenses including per diem while engaged in the business of the advisory committee, in accordance with section 5703 of title 5, United States Code. SEC. 13. MONUMENT PLANNING TEAM. The Secretary shall provide that the Monument planning team formed by the Secretary to prepare the management plan for the Monument includes at least 5 persons appointed by the Governor of the State of Utah to represent the State and local governments. SEC. 14. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to-- (1) provide for development and implementation of management plans, protection of Monument resources, visitor services and facilities, law enforcement, public safety, additional payments in lieu of taxes to impacted counties, economic mitigation, and the operation of the Monument advisory committee; and (2) facilitate the exchange of school trust lands.

Grand Staircase-Escalante Resource Protection Act - Requires the Grand Staircase-Escalante National Monument in Utah to be managed by the Secretary of the Interior as a special management area. Requires the Secretary to: (1) manage the resources within the Monument in accordance with the principles of multiple use and sustained yield (including recreation, range, timber, minerals, oil and gas, watershed, wildlife, fish, and natural scenic, scientific, and historical values), using principles of economic and ecologic sustainability; (2) provide for protection, interpretation, and responsible use of Monument resources; (3) manage such resources in a way that provides for economic sustainability of local communities; and (4) delegate authority to manage the Monument to the Director of the Bureau of Land Management (BLM). Makes the BLM the lead agency in all management decisions concerning the Monument. (Sec. 5) Requires the Secretary to: (1) recognize and give due deference to the exercise of any valid existing right, lease, permit, or authorization under any law with respect to the designation of the Monument; and (2) provide compensation for any such right determined to be taken as a result of the designation. Requires the Secretary to permit routine maintenance and improvement of roads and rights-of-way within Monument boundaries to ensure public safety and a high-quality visitor experience. (Sec. 6) Provides that grazing of livestock within the Monument shall continue and not be curtailed by reason of designation of the Monument. Sets forth provisions governing water rights. (Sec. 9) Requires the Secretary to: (1) submit a management plan to the Congress for the Monument by September 18, 1999; and (2) in the development and revision of such plan, use principles of multiple use and sustained yield and a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences. Authorizes development and utilization of Monument resources if: (1) the President or the Congress determines it to be in the interests of the United States; or (2) in case of a national emergency. Requires the Secretary to modify any existing guidelines regarding management of the Monument to conform to the requirements of this Act. (Sec. 11) Requires the Secretary to provide necessary resources to expedite all exchanges of school trust lands within the Monument when sought by the School and Institutional Trust Lands Administration of Utah. Provides for valuation of school trust land sections. Requires the Secretary to: (1) submit an analysis to the Congress of the loss of Federal royalties that can be expected to result from designation of the Monument, based on research compiled by the U.S. Geological Survey; and (2) allow access to school trust lands within the Monument by Utah agencies. (Sec. 12) Establishes the Grand Staircase-Escalante National Monument Advisory Committee to: (1) advise the Secretary, the Director, and the Governor of Utah concerning the development, management, and interpretation of Monument resources and the development, exchange, or disposal of State school trust lands. (Sec. 13) Requires the Secretary to include on the Monument planning team at least five persons, appointed by the Governor, to represent Utah and local governments. (Sec. 14) Authorizes appropriations.

Grand Staircase-Escalante Resource Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Chemistry Research and Development Act of 2014''. SEC. 2. DEFINITIONS. In this Act-- (1) Advisory council.--The term ``Advisory Council'' means the advisory council established under section 3(d). (2) Interagency working group.--The term ``Interagency Working Group'' means the interagency working group established under section 3(c). (3) Program.--The term ``Program'' means the Sustainable Chemistry Program described in section 3. (4) Sustainable chemistry.--The term ``sustainable chemistry'' means the design, development, demonstration, and commercialization of high-quality chemicals and materials, chemical processes and products, and manufacturing processes that eliminate or reduce chemical risks to benefit human health and the environment across the chemical lifecycle, to the highest extent practicable, through-- (A) increasing the use of more sustainable, renewable, or recycled substances and materials; (B) increasing the use of substitutes for rare substances; (C) promoting safe and more efficient manufacturing; (D) minimizing lifecycle impacts, including environmental and health impacts; (E) optimizing product design and encouraging the reduction of waste and the reuse or recycling of chemicals and materials to account for the end of life or the final disposition of the product; or (F) increasing the design and use of safe molecules, chemicals, materials, chemistries, and chemical processes. SEC. 3. SUSTAINABLE CHEMISTRY PROGRAM. (a) In General.--The President shall establish an interagency Sustainable Chemistry Program to promote and coordinate Federal sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities. (b) Program Activities.--The activities of the Program shall be designed to-- (1) provide sustained support for sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training through-- (A) merit-based competitive grants to individual investigators and teams of investigators, including, to the extent practicable, young investigators, for research and development; (B) grants to fund collaborative research and development partnerships among universities, industry, and nonprofit organizations; (C) grants, loans, and loan guarantees to aid in the technology transfer and commercialization of sustainable chemicals, materials, processes, and products; (D) incentive prize competitions and challenges; (E) coordination of sustainable chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories and agencies; and (F) to the extent practicable, encouragement of consideration of sustainable chemistry in, as appropriate-- (i) the conduct of Federal and State science and engineering research and development; and (ii) the solicitation and evaluation of applicable proposals for science and engineering research and development; (2) examine methods by which the Federal Government can create incentives for consideration and use of sustainable chemistry processes and products, including innovative financing mechanisms; (3) facilitate the adoption of sustainable chemistry innovations and methods; (4) expand the education and training of undergraduate and graduate students and professional scientists and engineers, including through partnerships with industry, in sustainable chemistry science and engineering; (5) collect and disseminate information on sustainable chemistry research, development, and technology transfer including information on-- (A) incentives and impediments to development, manufacturing, and commercialization; (B) accomplishments; (C) best practices; and (D) costs and benefits; (6) support (including through technical assistance, participation, financial support, or other forms of support) venues for outreach and dissemination of sustainable chemistry advances such as symposia, forums, conferences, and written materials in collaboration with, as appropriate, industry, academia, scientific and professional societies, and other relevant groups; (7) support (including through technical assistance, participation, financial support, or other forms of support) economic, legal, and other appropriate social science research to identify barriers to commercialization and methods to advance commercialization of sustainable chemistry; (8) provide for public input and outreach to be integrated into the Program by the convening of public discussions, through mechanisms such as public meetings, consensus conferences, and educational events, as appropriate; and (9) develop metrics to track the outputs and outcomes of the Program. (c) Interagency Working Group.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the President, in consultation with the Office of Science and Technology Policy, shall establish an Interagency Working Group that shall include representatives from the National Science Foundation, the National Institute of Standards and Technology, the Department of Energy, the Environmental Protection Agency, the Department of Agriculture, the Department of Defense, the National Institutes of Health, and any other agency that the President may designate to oversee the planning, management, and coordination of the Program. (2) Governance.--The Director of the National Science Foundation and the Assistant Administrator for Research and Development of the Environmental Protection Agency, or their designees, shall serve as co-chairs of the Interagency Working Group. (3) Responsibilities.--In overseeing the planning, management, and coordination of the Program, the Interagency Working Group shall-- (A) establish goals and priorities for the Program, in consultation with the Advisory Council; (B) provide for interagency coordination, including budget coordination, of activities under the Program; (C) meet not later than 90 days from its establishment and periodically thereafter; and (D) consult with the Advisory Council on a regular basis. (d) Advisory Council.-- (1) Establishment.--Not later than 180 days after the date of the establishment of the Interagency Working Group, the co- chairs of the Interagency Working Group shall establish an Advisory Council on Sustainable Chemistry that shall make recommendations to the Interagency Working Group and provide it with ongoing advice and assistance. (2) Membership.--The Advisory Council members shall not be employees of the Federal Government and shall include a diverse representation of knowledgeable individuals from the private sector (including small- and medium-sized enterprises from across the value chain), academia, State and tribal governments, and nongovernmental organizations and others who are in a position to provide expertise. (3) Conflict of interest.-- (A) In general.--The Interagency Working Group shall make its best efforts to ensure that-- (i) no individual appointed to serve on the Advisory Council has a conflict of interest that is relevant to the functions to be performed, unless such conflict is promptly and publicly disclosed and the Interagency Working Group determines that the conflict is unavoidable; (ii) the Advisory Council membership is fairly balanced as determined by the Interagency Working Group to be appropriate for the functions to be performed; (iii) any products of the Interagency Working Group will be the result of the Interagency Working Group's independent judgment; and (iv) the meetings and proceedings of the Advisory Council be open and available to the public. (B) Notification of conflicts.--The Interagency Working Group shall require that individuals nominated or appointed to serve on the Advisory Council inform the Interagency Working Group of any conflicts of interest that are relevant to the functions to be performed. (C) FACA applicability.--All proceedings and meetings of the Advisory Council shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (4) Governance.--The co-chairs of the Interagency Working Group-- (A) may appoint new members of the Advisory Council as needed; and (B) shall appoint the original Chair to serve a term of 1 year. (5) Appointment of chair.--The Advisory Council shall appoint a Chair from among the members of the Advisory Council after the term of the original Chair appointed under paragraph (3)(B) expires. (e) Agency Budget Requests.-- (1) In general.--Each Federal agency and department participating in the Program shall, as part of its annual request for appropriations to the Office of Management and Budget, submit a report to the Office of Management and Budget that-- (A) identifies the activities of the agency or department that contribute directly to the Program; and (B) states the portion of the agency or department's request for appropriations that is allocated to those activities. (2) Annual budget request to congress.--The President shall include in the annual budget request to Congress a statement of the portion of the annual budget request for each agency or department that will be allocated to activities undertaken pursuant to the Program. (f) Report to Congress.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Interagency Working Group shall submit a report to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate that shall include-- (A) a summary of federally funded sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities; (B) a summary of the financial resources allocated to sustainable chemistry initiatives; (C) an analysis of the progress made toward achieving the goals and priorities of this Act, and recommendations for future program activities; (D) an assessment of the benefits of expanding existing, federally supported regional innovation and manufacturing hubs to include sustainable chemistry and the value of directing the creation of one or more dedicated sustainable chemistry centers of excellence or hubs; and (E) an evaluation of steps taken and future strategies to avoid duplication of efforts, streamline interagency coordination, facilitate information sharing, and spread best practices between participating agencies in the Program. (2) Submission to gao.--The Interagency Working Group shall also submit the report described in paragraph (1) to the Government Accountability Office for consideration in future congressional inquiries. SEC. 4. PARTNERSHIPS IN SUSTAINABLE CHEMISTRY. (a) Authorization.--The Interagency Working Group shall lead the agencies participating in the Program to carry out a joint, coordinated program to award grants to institutions of higher education to establish partnerships with companies across the value chain in the chemical industry, including small- and medium-sized enterprises, to-- (1) create collaborative research, development, demonstration, technology transfer, and commercialization programs; and (2) train students and retrain professional scientists and engineers in the use of sustainable chemistry concepts and strategies by methods including-- (A) developing curricular materials and courses for undergraduate and graduate levels and for the professional development of scientists and engineers; and (B) publicizing the availability of professional development courses in sustainable chemistry and recruiting scientists and engineers to pursue such courses. (b) Guidelines.--The Interagency Working Group shall establish guidelines and criteria for-- (1) a partnership between a company in the chemical industry and an institution of higher education eligible for a grant under subsection (a); and (2) the grant application and awarding process, which shall include-- (A) competitive, merit-based review of each grant application; and (B) cost-sharing from non-Federal sources by members of the partnerships. SEC. 5. STUDY OF SUSTAINABLE CHEMISTRY. The Director of the National Science Foundation shall enter into an arrangement with the National Research Council to conduct a study that shall-- (1) assess the current status of sustainable chemistry research in the United States, and suggest high-priority research and development needs within sustainable chemistry; (2) examine the status of sustainable chemistry in the education of chemists and chemical engineers and other relevant professions and identify recommendations to improve and broaden the implementation of sustainable chemistry practices in science and engineering education, including examining the role of toxicology, chemical hazard and risk assessment, lifecycle assessment, and environmental fate and effects in science and engineering education; (3) examine case studies of successful and unsuccessful attempts at commercialization and adoption of sustainable chemistry processes and products in the United States and abroad and recommend research areas, priorities, and public policy options that would help to overcome identified barriers to commercialization; and (4) using available economic analyses, discuss the potential economic impact of sustainable chemistry, including job creation. SEC. 6. NATIONAL STRATEGY AND IMPLEMENTATION PLAN. Not later than 2 years after the release of the study described in section 5, the Interagency Working Group, in consultation with the Advisory Council, shall produce a national strategy and accompanying implementation plan for sustainable chemistry that provides a framework for advancing sustainable chemistry research, development, technology transfer, commercialization, and education and training. SEC. 7. PRIORITIZATION. In carrying out this Act, the Interagency Working Group shall prioritize support for activities that achieve, to the highest extent practicable, the goals of sustainable chemistry.

Sustainable Chemistry Research and Development Act of 2014 - Directs the President to establish an interagency Sustainable Chemistry Program to promote and coordinate federal sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities. Directs the President to establish an Interagency Working Group that includes representatives from specified federal agencies to oversee the planning, management, and coordination of the Program. Requires the Interagency Working Group to establish an Advisory Council on Sustainable Chemistry to make recommendations to it and provide it with advice and assistance. Requires participating agencies to report to the Office of Management and Budget (OMB) on Program activities and appropriations. Requires the Interagency Working Group to submit a report to Congress, as well as to the Government Accountability Office (GAO). Instructs the Interagency Working Group to lead agencies in awarding grants to institutions of higher education to establish partnerships with companies across the value chain in the chemical industry to: (1) create collaborative research, development, demonstration, technology transfer, and commercialization programs; and (2) train students and retrain professional scientists and engineers in the use of sustainable chemistry concepts and strategies. Requires the Director of the National Science Foundation (NSF) to contract with the National Research Council to assess the current status of sustainable chemistry research in the United States. Directs the Interagency Working Group to produce a national strategy for sustainable chemistry that provides a framework for advancing sustainable chemistry research.

Sustainable Chemistry Research and Development Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Opportunity and Growth Act of 2003''. SEC. 2. EXCEPTION FROM TAX ON RECOGNIZED BUILT-IN GAIN OF S CORPORATIONS. (a) In General.--Section 1374 of the Internal Revenue Code of 1986 (relating to tax imposed on certain built-in gains) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Exception for Reinvested Amounts.-- ``(1) In general.--If an existing S corporation has a net recognized built-in gain for any taxable year in the recognition period (determined by taking into account only assets held on March 27, 2003) and elects the application of this subsection, the amount of such gain on which tax is imposed by subsection (a) shall not exceed the amount equal to the excess of-- ``(A) the amount realized on the disposition of those assets that resulted in such gain, over ``(B) the excess of-- ``(i) the aggregate qualified expenditures made by the S corporation during the nonrecognition period, over ``(ii) the portion (if any) of such expenditures previously taken into account under this subsection. ``(2) Payment of tax.--If-- ``(A) the return of an S corporation shows that no tax is required to be paid on an amount of recognized built-in gain for any taxable year by reason of paragraph (1) because the S corporation anticipates making qualified expenditures during the succeeding taxable year, and ``(B) as of the close of such succeeding taxable year, tax is required to be paid on such amount because of the failure to make such expenditures, then the tax imposed by this chapter for the first taxable year of the nonrecognition period shall be increased by 10 percent of the increase in tax (determined without regard to this paragraph) for such year by reason of the failure to make such expenditures. ``(3) Qualified expenditures.--For purposes of this subsection, the term `qualified expenditures' means-- ``(A) amounts chargeable to capital account for property used in a trade or business of the S corporation, ``(B) payments of principal and interest on pre- effective date debt of the S corporation, and ``(C) amounts distributed to shareholders to the extent such amounts do not exceed the aggregate of such shareholders' tax imposed by this chapter (and State and local taxes) on amounts attributable to the disposition of those assets that resulted in such net recognized built-in gain. Payments of principal as part of a refinancing of pre-effective date debt shall not be taken into account under subparagraph (B). ``(4) Nonrecognition period.--For purposes of this subsection, the term `nonrecognition period' means, with respect to a taxable year for which an S corporation has a net recognized built-in gain, such taxable year and the succeeding taxable year. ``(5) Pre-effective date debt.--For purposes of paragraph (2)(B), the term `pre-effective date debt' means-- ``(A) debt incurred before March 27, 2003, and ``(B) debt incurred on or after such date to refinance debt described in subparagraph (A) (or refinanced indebtedness meeting the requirements of this subparagraph) to the extent that (immediately after the refinancing) the principal amount of the indebtedness resulting from the refinancing does not exceed the principal amount of the refinanced indebtedness (immediately before the refinancing). ``(6) Anti-abuse rule.--Solely for purposes of determining the treatment of distributions to shareholders under section 1368 during the recognition period-- ``(A) any increase in the accumulated adjustment account and shareholder basis by reason of the disposition of those assets that resulted in the net recognized built-in gain shall not exceed the amounts described in paragraph (2)(C), and ``(B) any increase in such account and shareholder basis which is not permitted under subparagraph (A) shall occur immediately after the recognition period. ``(7) Existing s corporation.--The term `existing S corporation' means any S corporation for which an election under section 1362 is filed before March 27, 2003.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning during or after the calendar year which includes the date of the enactment of this Act but only with respect to built-in gain recognized after such date.

Small Business Opportunity and Growth Act of 2003 - Amends the Internal Revenue Code to provide that the tax imposed on the recognition of built-in gain by an S corporation shall not apply to the extent such gain is reinvested in the business.

To amend the Internal Revenue Code of 1986 to provide that the tax on recognized built-in gain of an S corporation shall not apply to amounts reinvested in the business.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Norman Yoshio Mineta Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Norman Yoshio Mineta was born November 12, 1931, in San Jose, California, to immigrant parents, Kunisaku and Kane Mineta, from Shizouka prefecture in Japan. (2) In 1942, Mineta and his family were forcibly relocated to the Heart Mountain Relocation Center in Wyoming. They were among 120,000 people of Japanese ancestry, two-thirds of whom were natural-born United States citizens, sent to internment camps by the United States Government during the Second World War. (3) After graduating from the University of California at Berkeley, Mineta served as an intelligence officer for the United States Army in Korea and Japan from 1953 to 1956. Mineta then joined his father's insurance business located in San Jose's Japantown. (4) In 1966, Mineta accepted an appointment to the San Jose Housing Authority, believing community involvement to be essential to civic life and the full integration of Japanese Americans into his hometown. He became a city councilmember one year later. (5) Mineta was elected mayor of San Jose in 1971, becoming the first Asian American mayor of a major American city in the continental United States. As mayor, he worked to economically develop San Jose as ``Silicon Valley'' was forming, and also strengthened community relations by engaging racial and ethnic minorities through San Jose city departments and agencies, including the San Jose Police Department. (6) From 1975 to 1995, Mineta served as a Member of the U.S. House of Representatives, representing the heart of Santa Clara County and Silicon Valley. He served on numerous committees, including the Budget, Intelligence, and Science committees. He served longest on the House Public Works and Transportation Committee, now known as the Transportation and Infrastructure Committee, including as Committee Chairman. (7) In 1978, Mineta, along with Representative Frank Horton (R-NY), introduced a bipartisan joint resolution authorizing and requesting the President to proclaim the 7-day period beginning on May 4, 1979, as ``Asian/Pacific American Heritage Week''. May is the month when the first Japanese immigrants arrived in the United States in 1843, and also when Chinese laborers completed the transcontinental railroad in 1869. The resolution became Public Law that year, and was later expanded to recognize the month of May as Asian Pacific American Heritage Month. (8) In 1987, Mineta had the honor of signing the Civil Liberties Act which offered an official apology and redress for the grave injustices committed against Americans of Japanese ancestry during World War II, on behalf of the House of Representatives when acting as Speaker pro tempore. In a culmination of a 10-year bipartisan effort, President Ronald Reagan signed the bill into law as Public Law 100-383 on August 10, 1988. (9) Throughout his tenure in the House of Representatives, Mineta was a strong advocate for transportation laws which made air travel safer and aviation and transit systems more accessible to Americans with disabilities. He also authored the Intermodal Surface Transportation Efficiency Act of 1991, which gave State, local, and regional governments greater control over the use of Federal dollars in their communities. (10) Mineta co-founded the Congressional Asian Pacific American Caucus and the Asian Pacific American Institute for Congressional Studies in 1994, which today continue to promote the well-being and full participation of these communities in American civic life. (11) In 2000, Mineta became the first Asian American to serve in a Presidential Cabinet as the Secretary of Commerce under President William J. Clinton. (12) In 2001, Mineta continued his dedication to public service and bipartisanship by serving as Secretary of Transportation under President George W. Bush. (13) Mineta was at the helm of the Department of Transportation on the day of the September 11, 2001, terrorist attacks. In the aftermath of the attacks and through the end of his tenure as Secretary of Transportation, he ushered in critical reforms to the Nation's transportation and security screening networks. (14) In 2001, the San Jose City Council announced that the city's airport was to be renamed the Norman Y. Mineta San Jose International Airport. (15) Mineta received the Presidential Medal of Freedom, the highest civilian award in the United States, in 2006 from President George W. Bush, and the Grand Cordon, Order of the Rising Sun, from the Government of Japan, which is the highest honor bestowed upon an individual outside of Japan. (16) Having personally experienced the wrongful indignity of internment as a child by his own government, Norman Yoshio Mineta has dedicated his life to public service, to his community, and to his country, and has done so with exemplary dignity and integrity. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Norman Yoshio Mineta, in recognition of his courageous, principled dedication to public service, civic engagement, and civil rights. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Norman Yoshio Mineta Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to Norman Yoshio Mineta in recognition of his dedication to public service, civic engagement, and civil rights.

Norman Yoshio Mineta Congressional Gold Medal Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Ricky Ray Hemophilia Relief Fund Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--HEMOPHILIA RELIEF FUND Sec. 101. Ricky Ray Hemophilia Relief Fund. Sec. 102. Compassionate payment. Sec. 103. Determination and payment. Sec. 104. Limitation on transfer of rights and number of petitions. Sec. 105. Time limitation. Sec. 106. Certain claims not affected by payment. Sec. 107. Limitation on agent and attorney fees. Sec. 108. Definitions. TITLE II--TREATMENT OF CERTAIN PRIVATE SETTLEMENT PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR SUIT UNDER THE MEDICAID AND SSI PROGRAMS Sec. 201. Treatment of certain private settlement payments in hemophilia-clotting-factor suit under the Medicaid and SSI programs. TITLE I--HEMOPHILIA RELIEF FUND SEC. 101. RICKY RAY HEMOPHILIA RELIEF FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the ``Ricky Ray Hemophilia Relief Fund'', which shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on and proceeds from any such investment shall be credited to and become part of the Fund. (c) Availability of Fund.--Amounts in the Fund shall be available only for disbursement by the Secretary of Health and Human Services under section 103. (d) Termination.--The Fund shall terminate upon the expiration of the 5-year period beginning on the date of the enactment of this Act. If all of the amounts in the Fund have not been expended by the end of the 5-year period, investments of amounts in the Fund shall be liquidated, the receipts of such liquidation shall be deposited in the Fund, and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury of the United States. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Fund to carry out this title $1,771,400,000. SEC. 102. COMPASSIONATE PAYMENT. (a) Eligible Individuals.-- (1) In general.--If the conditions described in subsection (b) are met and if there are sufficient amounts in the Fund to make the payment involved, the Secretary shall make a single payment of $100,000 from the Fund to any individual-- (A) who-- (i) has an HIV infection; or (ii) is diagnosed with AIDS; and (B) who is described in paragraph (2). (2) Requirement.--An individual described in this paragraph is any of the following individuals: (A) An individual who-- (i) has any form of blood-clotting disorder, such as hemophilia, and was treated with antihemophilic factor at any time during the period beginning on July 1, 1982, and ending on December 31, 1987; or (ii) was treated with HIV contaminated blood transfusion, HIV contaminated blood components, or HIV contaminated human tissue during the period beginning on January 1, 1982, and ending on March 31, 1985. (B) An individual who-- (i) is the lawful spouse of an individual described in subparagraph (A); or (ii) is the former lawful spouse of an individual described in subparagraph (A) and was the lawful spouse of the individual at any time after a date, within the applicable period described in such subparagraph, on which the individual was treated as described in such paragraph and through medical documentation can assert reasonable certainty of transmission of HIV from the individual described in such subparagraph. (C) The individual acquired the HIV infection through perinatal transmission from a parent who is an individual described in subparagraph (A) or (B). (b) Conditions.--The conditions described in this subsection are, with respect to an individual, as follows: (1) Submission of medical documentation.--The individual submits to the Secretary written medical documentation that-- (A) the individual has (or had) an HIV infection; and (B)(i) in the case of an individual described in subsection (a)(2)(A)(i), that the individual has (or had) a blood-clotting disorder, such as hemophilia, and was treated as described in such section; and (ii) in the case of an individual described in subsection (a)(2)(A)(ii), the individual was treated with HIV contaminated blood transfusion, HIV contaminated blood components, or HIV contaminated human tissue provided by a medical professional during the period described in such subsection. (2) Petition.--A petition for the payment is filed with the Secretary by or on behalf of the individual. (3) Determination.--The Secretary determines, in accordance with section 103(b), that the petition meets the requirements of this title. SEC. 103. DETERMINATION AND PAYMENT. (a) Establishment of Filing Procedures.--The Secretary of Health and Human Services shall establish procedures under which individuals may submit petitions for payment under this title. (b) Determination.--For each petition filed under this title, the Secretary shall determine whether the petition meets the requirements of this title. (c) Payment.-- (1) Order of payments.-- (A) General rule.--Except as provided in this paragraph, to the extent there are sufficient amounts in the Fund to cover each payment, the Secretary shall pay, from the Fund, each petition that the Secretary determines meets the requirements of this title in the order received. (B) Priority payment.--During the 180 day period beginning on the date on which the Secretary begins accepting petitions under this title, the Secretary shall only make payments to individuals described in section 102(a)(2)(A)(i). (C) Other payments.--Upon the expiration of the period described in subparagraph (B), the Secretary shall make payments under this title as provided for in subparagraph (A). (2) Payments in case of deceased individuals.-- (A) In general.--In the case of an individual referred to in section 102(a)(1)(A)(ii) who is deceased at the time that payment is made under this section on a petition filed by or on behalf of the individual, the payment shall be made as follows: (i) If the individual is survived by a spouse who is living at the time of payment, the payment shall be made to such surviving spouse. (ii) If the individual is not survived by a spouse described in clause (i), the payment shall be made in equal shares to all children of the individual who are living at the time of the payment. (iii) If the individual is not survived by a person described in clause (i) or (ii), the payment shall be made in equal shares to the parents of the individual who are living at the time of payment. (iv) If the individual is not survived by a person described in clause (i), (ii), or (iii), the payment shall revert back to the Fund. (B) Filing of petition by survivor.--If an individual eligible for payment under section 102(a) dies before filing a petition under this title, a survivor of the individual may file a petition for payment under this title on behalf of the individual if the survivor may receive payment under subparagraph (A). (C) Definitions.--For purposes of this paragraph: (i) The term ``spouse'' means an individual who was lawfully married to the relevant individual at the time of death. (ii) The term ``child'' includes a recognized natural child, a stepchild who lived with the relevant individual in a regular parent-child relationship, and an adopted child. (iii) The term ``parent'' includes fathers and mothers through adoption. (3) Timing of payment.--The Secretary may not make a payment on a petition under this title before the expiration of the 120-day period beginning on the date of the enactment of this Act or after the expiration of the 5-year period beginning on the date of the enactment of this Act. (d) Action on Petitions.-- (1) In general.--The Secretary shall complete the determination required by subsection (b) regarding a petition not later than 120 days after the date the petition is filed under this title. (2) Petitions by certain individuals.--In the case of a petition filed by an individual described in section 102(a)(2)(A)(ii), the Secretary may not make a payment on such petition prior to the expiration of the period described in subsection (c)(1)(B). (e) Humanitarian Nature of Payment.--This Act does not create or admit any claim of or on behalf of the individual against the United States or against any officer, employee, or agent thereof acting within the scope of employment or agency that relate to an HIV infection arising from treatment described in section 102(a)(2). A payment under this Act shall, however, when accepted by or on behalf of the individual, be in full satisfaction of all such claims by or on behalf of that individual. (f) Administrative Costs Not Paid From Fund.--No costs incurred by the Secretary in carrying out this title may be paid from the Fund or set off against, or otherwise deducted from, any payment made under subsection (c)(1). (g) Termination of Duties of Secretary.--The duties of the Secretary under this section shall cease when the Fund terminates. (h) Treatment of Payments Under Other Laws.--A payment under subsection (c)(1) to an individual-- (1) shall be treated for purposes of the Internal Revenue Code of 1986 as damages described in section 104(a)(2) of such Code; (2) shall not be included as income or resources for purposes of determining the eligibility of the individual to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits, and such benefits shall not be secondary to, conditioned upon reimbursement from, or subject to any reduction because of receipt of, any such payment; and (3) shall not be treated as a third party payment or payment in relation to a legal liability with respect to such benefits and shall not be subject (whether by subrogation or otherwise) to recovery, recoupment, reimbursement, or collection with respect to such benefits (including the Federal or State governments or any entity that provides such benefits under a contract). (i) Regulatory Authority.--The Secretary may issue regulations necessary to carry out this title. (j) Time of Issuance of Procedures.--The Secretary shall, through the promulgation of appropriate regulations, guidelines, or otherwise, first establish the procedures to carry out this title not later than 120 days after the date of the enactment of this Act. SEC. 104. LIMITATION ON TRANSFER OF RIGHTS AND NUMBER OF PETITIONS. (a) Rights Not Assignable or Transferable.--Any right under this title shall not be assignable or transferable. (b) 1 Petition With Respect to Each Victim.--With respect to each individual described in subparagraph (A), (B), or (C) of section 102(a)(2), the Secretary may not make payment with respect to more than 1 petition filed in respect to an individual. SEC. 105. TIME LIMITATION. The Secretary may not make any payment with respect to any petition filed under this title unless the petition is filed within 3 years after the date of the enactment of this Act. SEC. 106. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT. A payment made under section 103(c)(1) shall not be considered as any form of compensation, or reimbursement for a loss, for purposes of imposing liability on the individual receiving the payment, on the basis of such receipt, to repay any insurance carrier for insurance payments or to repay any person on account of worker's compensation payments. A payment under this title shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker's compensation. SEC. 107. LIMITATION ON AGENT AND ATTORNEY FEES. Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the petition of an individual under this title, more than 5 percent of a payment made under this title on the petition. Any such representative who violates this section shall be fined not more than $50,000. SEC. 108. DEFINITIONS. For purposes of this title: (1) The term ``AIDS'' means acquired immune deficiency syndrome. (2) The term ``Fund'' means the Ricky Ray Hemophilia Relief Fund. (3) The term ``HIV'' means human immunodeficiency virus. (4) Unless otherwise provided, the term ``Secretary'' means Secretary of Health and Human Services. TITLE II--TREATMENT OF CERTAIN PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR SUIT UNDER THE SSI PROGRAM SEC. 201. TREATMENT OF CERTAIN PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR SUIT UNDER THE MEDICAID AND SSI PROGRAMS. (a) Private Payments.-- (1) In general.--Notwithstanding any other provision of law, the payments described in paragraph (2) shall not be considered income or resources in determining eligibility for, or the amount of-- (A) medical assistance under title XIX of the Social Security Act, or (B) supplemental security income benefits under title XVI of the Social Security Act. (2) Private payments described.--The payments described in this subsection are-- (A) payments made from any fund established pursuant to a class settlement in the case of Susan Walker v. Bayer Corporation, et al., 96-C-5024 (N.D. Ill.); and (B) payments made pursuant to a release of all claims in a case-- (i) that is entered into in lieu of the class settlement referred to in subparagraph (A); and (ii) that is signed by all affected parties in such case on or before the later of-- (I) December 31, 1997, or (II) the date that is 270 days after the date on which such release is first sent to the persons (or the legal representative of such persons) to whom the payment is to be made. (b) Government Payments.-- (1) In general.--Notwithstanding any other provision of law, the payments described in paragraph (2) shall not be considered income or resources in determining eligibility for, or the amount of supplemental security income benefits under title XVI of the Social Security Act. (2) Government payments described.--The payments described in this subsection are payments made from the fund established pursuant to section 101 of this Act.

TABLE OF CONTENTS: Title I: Hemophilia Relief Fund Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs Ricky Ray Hemophilia Relief Fund Act of 1998 - Title I: Hemophilia Relief Fund - Establishes in the Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. (Sec. 102) Mandates a payment of $100,000 from the Fund to any individual who has a human immunodeficiency virus (HIV) infection if the individual: (1) has a blood-clotting disorder (such as hemophilia) and was treated with blood-clotting agents between July 1, 1982, and December 31, 1987; (2) was treated with HIV-contaminated blood components or HIV-contaminated human tissue between January 1, 1982, and March 31, 1985; (3) is the lawful current or former spouse of such individual and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (4) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Declares that this Act does not create or admit any claim against the United States relating to HIV infection, but makes an accepted payment full satisfaction of all such claims by that individual. Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the SSI Programs - Prohibits a settlement payment in a specified class action lawsuit, payments related to a release of claims regarding that suit, or a payment under title I of this Act from being considered income or resources in determining a class member's eligibility for, or the amount of medical assistance under the Medicaid program or benefits under, the Supplemental Security Income program (titles XIX and XVI of the Social Security Act).

Rick Ray Hemophilia Relief Fund Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``African Development Foundation Act of 2007''. SEC. 2. RENAMING OF FOUNDATION. (a) Renaming.--Section 503(a) of the African Development Foundation Act (22 U.S.C. 290h-1(a)) is amended by striking ``African Development Foundation'' and inserting ``United States African Development Foundation''. (b) References.--Any reference in any law, regulation, map, document, paper, or other record of the United States to the African Development Foundation shall be considered to be a reference to the United States African Development Foundation. SEC. 3. FUNCTIONS OF THE FOUNDATION. (a) Entities Eligible To Receive Grants, Loans, and Loan Guarantees.--Paragraph (1) of subsection (a) of section 505 of such Act (22 U.S.C. 290h-3(a)(1)) is amended by inserting after ``other entity'' the following: ``(including small- and medium-sized enterprises)''. (b) Use of Grant and Loan Funds.--Subparagraph (A) of such paragraph (22 U.S.C. 290h-3(a)(1)(A)) is amended by striking ``local development institutions and the support of development efforts initiated by communities themselves'' and inserting ``local development institutions, including capital and technical assistance funds that promote the purposes of this title, and the support of development efforts initiated by communities themselves or their members''. (c) Increased Limitation on Funding of Individual Projects.-- Paragraph (2) of such subsection (22 U.S.C. 290h-3(a)(2)) is amended by striking ``$250,000.'' and inserting ``$400,000. This funding limitation may be exceeded only in exceptional circumstances and with the approval of the Board of Directors and notification to Congress. Approval of the Board of Directors and notification to Congress shall not be required in the case of an increase of less than $50,000 that is necessary to maintain the original value of an award in local currency.''. (d) Community Project Priorities.--Subsection (b) of such section (22 U.S.C. 290h-3(b)) is amended-- (1) in the first sentence, by striking ``making grants, loans, and loan guarantees'' and all that follows through ``development'' and inserting ``making awards under subsection (a), the Foundation shall give priority to projects which community groups and small- and medium-sized enterprises undertake to foster development at the community level''; and (2) in the second sentence, by striking ``make such grants, loans, and loan guarantees'' and inserting ``make awards''. (e) Authority To Make Awards to Non-African Entities.--Such section is further amended by adding at the end the following new subsection: ``(c) Authority To Make Awards to Non-African Entities.--Upon the approval of the Board of Directors and notification to Congress, the Foundation may make an award to a small- or medium-sized enterprise that is not wholly-owned and controlled by indigenous Africans if it meets the following requirements: ``(1) Ownership of the entity is predominantly vested in one or more individuals who are indigenous to Africa and who are representative and knowledgeable of, and have a history of responding to, the needs and aspirations of the poor. ``(2) Management and daily business operations of the entity are controlled by one or more individuals who are indigenous to and reside in Africa.''. (f) Authority To Provide Training and Other Technical Assistance.-- Such section, as amended by subsection (e), is further amended by adding at the end the following new subsection: ``(d) Authority To Provide Training and Other Technical Assistance.--The Foundation may provide training and other assistance to entities described in subsection (a) and to entities described in subsection (c), subject to the requirements of such subsection, in order to carry out the purposes specified in section 504.''. SEC. 4. POWERS OF FOUNDATION. Section 506(a) of such Act (22 U.S.C. 290h-4(a)) is amended-- (1) by redesignating paragraphs (9), (10), (11), and (12) as paragraphs (10), (12), (13), and (14), respectively; (2) by inserting after paragraph (8) the following new paragraph: ``(9) may make advance payments in an African country in accordance with lease or rental agreements for periods of time determined by law or custom;''; and (3) by inserting after paragraph (10), as redesignated by paragraph (2) of this section, the following new paragraph: ``(11) may maintain bank accounts outside the United States Treasury and retain any interest earned on such accounts in furtherance of the purposes of this Act;''. SEC. 5. MANAGEMENT OF FOUNDATION. (a) Reimbursement of Transportation Expenses.--Subsection (b) of section 507 of such Act (22 U.S.C. 290h-5(b)) is amended by inserting after ``transportation expenses'' the following: ``(in accordance with the Federal Travel Regulations (chapters 300 through 304 of title 41, Code of Federal Regulations))''. (b) Limited Authority To Make Appointments Without Regard to Certain Civil Service Laws.--Subsection (d) of such section (22 U.S.C. 290h-5(d)) is amended by adding at the end the following new paragraph: ``(3) Subject to the full time equivalent (FTE) ceiling of the Foundation, the president may, without regard to civil service laws governing appointments in the competitive service, provide time-limited appointments lasting up to 4 years to not more than 4 individuals. Individuals so appointed shall be subject to termination without regard to chapter 75 of title 5, United States Code.''. (c) Elimination of Requirement To Establish Advisory Council.-- Subsection (e) of such section is amended-- (1) in paragraph (1), by striking ``shall'' and inserting ``may''; and (2) in paragraph (2), by striking ``The Board'' and inserting ``If an advisory council is established under paragraph (1), the Board''.

African Development Foundation Act of 2007 - Amends the African Development Foundation Act to rename the African Development Foundation as the United States African Development Foundation. Increases individual project funding limits. Authorizes the Foundation to make awards to qualifying small- or medium-sized entities that are not wholly owned or controlled African entities. Authorizes (current law requires) the Foundation's Board of Directors to establish an advisory council.

A bill to amend the African Development Foundation Act to change the name of the Foundation, modify the administrative authorities of the Foundation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Staffing Improvement Act''. SEC. 2. PROGRAM TO INCREASE EFFICIENCY IN THE RECRUITMENT AND HIRING BY THE DEPARTMENT OF VETERANS AFFAIRS OF HEALTH CARE WORKERS UNDERGOING SEPARATION FROM THE ARMED FORCES. (a) Program.--The Secretary of Veterans Affairs shall, in coordination with the Secretary of Defense, carry out a program to recruit individuals who are undergoing separation from the Armed Forces and who served in a health care capacity while serving as a member of the Armed Forces. The program shall be known as the ``Docs-to-Doctors Program''. (b) Sharing of Information.-- (1) Submittal of list.--For purposes of carrying out the program, not less frequently than once per year (or a shorter period that the Secretary of Veterans Affairs and the Secretary of Defense may jointly specify), the Secretary of Defense shall submit to the Secretary of Veterans Affairs a list of members of the Armed Forces, including the reserve components, who-- (A) served in a health care capacity while serving as a member of the Armed Forces; (B) are undergoing or have undergone separation from the Armed Forces during the period covered by the list; and (C) will be discharged from the Armed Forces under honorable conditions, as determined by the Secretary of Defense, or have been discharged from the Armed Forces under honorable conditions during the period covered by the list. (2) Use of occupational codes.--Each list submitted under paragraph (1) shall include members of the Armed Forces who were assigned a Military Occupational Specialty code, an Air Force Specialty Code, or a United States Navy rating indicative of service in a health care capacity. (3) Information included.--Each list submitted under paragraph (1) shall include the following information, to the extent such information is available to the Secretary of Defense, with respect to each member of the Armed Forces included in such list: (A) Contact information. (B) Rank upon separation from the Armed Forces. (C) A description of health care experience while serving as a member of the Armed Forces and other relevant health care experience, including any relevant credential, such as a certificate, certification, or license, including the name of the institution or organization that issued the credential. (4) Consultation with secretary of homeland security.--In submitting each list under paragraph (1), the Secretary of Defense shall consult with the Secretary of Homeland Security with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy. (c) Resolution of Barriers to Employment.-- (1) In general.--In carrying out the program, the Secretary of Veterans Affairs shall, in coordination with the Secretary of Defense, work to resolve any barriers relating to credentialing or to specific hiring rules, procedures, and processes of the Department of Veterans Affairs that may delay or prevent the hiring of individuals who are undergoing separation from the Armed Forces and who served in a health care capacity while serving as a member of the Armed Forces, including by reconciling different credentialing processes and standards between the Department of Veterans Affairs and the Department of Defense. (2) Report.--If the Secretary of Veterans Affairs determines that a barrier described in paragraph (1) cannot be resolved under such paragraph, the Secretary shall, not later than 90 days after the discovery of the barrier, submit to Congress a report that includes such recommendations for legislative and administrative action as the Secretary considers appropriate to resolve the barrier, including any barrier imposed by a State. (d) Treatment of Applications for Employment.--An application for employment in the Department of Veterans Affairs in a health care capacity received by the Secretary of Veterans Affairs from a member or former member of the Armed Forces who is on a list submitted to the Secretary under subsection (b) shall not be considered an application from outside the work force of the Department for purposes of section 3330 of title 5, United States Code, and section 335.105 of title 5, Code of Federal Regulations (as in effect on the date of the enactment of this Act), if the application is received not later than one year after the separation of the member or former member from the Armed Forces. SEC. 3. UNIFORM CREDENTIALING STANDARDS FOR CERTAIN HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter II of chapter 74 of title 38, United States Code, is amended by inserting after section 7423 the following new section: ``Sec. 7423A. Personnel administration: uniform credentialing process. ``(a) Uniform Process.--The Secretary shall implement a uniform credentialing process for employees of the Veterans Health Administration for each position specified in section 7421(b) of this title. ``(b) Recognition Throughout Administration.--If an employee of the Administration in a position specified in section 7421(b) of this title is credentialed under this section for purposes of practicing in a location within the Administration, such credential shall be deemed to be sufficient for the employee to practice in any location within the Administration. ``(c) Renewal.--(1) Except as provided in paragraph (2), the Secretary may provide for the renewal of credentials under this section pursuant to such regulations as the Secretary may prescribe for such purpose. ``(2) Renewal of credentials under this section may not be required solely because an employee moves from one facility of the Department to another.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of such title is amended by inserting after the item relating to section 7423 the following new item: ``7423A. Personnel administration: uniform credentialing process.''. (c) Effective Date.--The Secretary of Veterans Affairs shall implement the uniform credentialing process required under section 7423A of such title, as added by subsection (a), not later than one year after the date of the enactment of this Act. SEC. 4. PROVISION OF FULL PRACTICE AUTHORITY FOR ADVANCED PRACTICE REGISTERED NURSES, PHYSICIAN ASSISTANTS, AND OTHER HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Full Practice Authority.--The Secretary of Veterans Affairs shall provide full practice authority to advanced practice registered nurses, physician assistants, and such other licensed health care professionals of the Department of Veterans Affairs as the Secretary considers appropriate consistent with the education, training, and certification of such health care professionals. (b) Inapplicability of State Limitations.--Full practice authority shall be provided by the Secretary under subsection (a) to health care professionals described in that subsection without regard to any limitation that would otherwise be imposed on the health care practice of such professionals by a licensing or credentialing body of a State or otherwise under State law. (c) Definitions.--In this section: (1) Advanced practice registered nurse.--The term ``advanced practice registered nurse'' has the meaning given that term in section 5509(e)(1) of Public Law 111-148 (42 U.S.C. 1395ww note). (2) Full practice authority.--The term ``full practice authority'' means-- (A) with respect to an advanced practice registered nurse, the full scope of practice for the area of nursing practiced by the advanced practice registered nurse as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of nursing; (B) with respect to a physician assistant, the full scope of practice for the area of medicine practiced by the physician assistant as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of medicine; and (C) with respect to any other licensed health care professional not specified in subparagraph (A) or (B), the full scope of practice for the area of medicine practiced by the licensed health care professional as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of medicine. (3) Physician assistant.--The term ``physician assistant'' has the meaning given that term in section 1861(aa)(5)(A) of the Social Security Act (42 U.S.C. 1395x(aa)(5)(A)).

Veterans Health Care Staffing Improvement Act This bill directs the Department of Veterans Affairs (VA) to carry out a Docs-to-Doctors Program to recruit individuals separating from the Armed Forces who served in a health care capacity in the Armed Forces. The VA shall: (1) implement a uniform credentialing process for certain health care employees of the Veterans Health Administration; and (2) provide full practice authority to advanced practice registered nurses, physician assistants, and such other licensed VA health care professionals as consistent with their education, training, and certification.

Veterans Health Care Staffing Improvement Act

SECTION 1. OFFICE FOR MINORITY VETERANS. (a) In General.--Section 317 of title 38, United States Code, is amended to read as follows: ``Sec. 317. Office for Minority Veterans ``(a) There is in the Department an Office for Minority Veterans. ``(b)(1) There is at the head of the Office a Director who shall be appointed by the Secretary. The Director shall be a career appointee in the Senior Executive Service. In appointing the Director, the Secretary shall give preference to the appointment of a veteran. The Director shall be appointed for a term of six years and may be reappointed for an additional term. ``(2) There is in the Office a Deputy Director who is the principal assistant of the Director. The Deputy Director shall perform such functions as the Director shall prescribe. ``(c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Office. ``(d) The Director shall perform the following functions with respect to veterans who are minority group members: ``(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are minority group members. ``(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are minority group members are eligible. ``(3) Promote the use of benefits authorized by this title by veterans who are minority group members and the conduct of outreach activities to veterans who are minority group members, in conjunction with outreach activities carried out under chapter 77 of this title. ``(4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are minority group members. ``(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are minority group members and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public. ``(6) Analyze and evaluate complaints made by or on behalf of veterans who are minority group members about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation. ``(7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are minority group members. ``(8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are minority group members. ``(9) Publicize the results of medical research which are of particular significance to veterans who are minority group members. ``(10) Advise the Secretary and other appropriate officials on the effectiveness of the Department's efforts to accomplish the goals of section 492B of the Public Health Service Act (relating to the inclusion of women and minorities in clinical research) and of particular health conditions affecting the health or minority group members which should be studied as part of the Department's medical research program and promote cooperation between the Department and other sponsors of medical research of potential benefit to veterans who are minority group members. ``(11) Perform such other duties consistent with this section as the Secretary shall prescribe. ``(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Office in a timely manner. ``(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year-- ``(1) detailed information on the budget for the Office; ``(2) the Secretary's opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Office to comply with its statutory and regulatory duties; and ``(3) a report on the activities and significant accomplishments of the Office during the preceding fiscal year. ``(g) In this section, the term `minority group member' means an individual who is-- ``(1) Asian American; ``(2) Black; ``(3) Hispanic; ``(4) Native American (including American Indian, Alaskan Native, and Native Hawaiian); or ``(5) Pacific-Islander American.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by striking out the item relating to section 317 and inserting in lieu thereof the following: ``317. Office for Minority Veterans.''. SEC. 2. ADVISORY COMMITTEE ON MINORITY VETERANS. (a) Establishment.--Subchapter III of chapter 5 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 544. Advisory Committee on Minority Veterans ``(a)(1) The Secretary shall establish an advisory committee to be known as the Advisory Committee on Minority Veterans (hereinafter in this section referred to as ``the Committee''). ``(2)(A) The Committee shall consist of members appointed by the Secretary from the general public, including-- ``(i) representatives of veterans who are minority group members; ``(ii) individuals who are recognized authorities in fields pertinent to the needs of veterans who are minority group members; ``(iii) veterans who are minority group members and who have experience in a military theater of operations; and ``(iv) veterans who are minority group members and who do not have such experience. ``(B) The Committee shall include, as ex officio members-- ``(i) the Secretary of Labor (or a representative of the Secretary of Labor designated by the Secretary after consultation with the Assistant Secretary of Labor for Veterans' Employment); ``(ii) the Secretary of Defense (or a representative of the Secretary of Defense designated by the Secretary of Defense); ``(iii) the Secretary of the Interior (or a representative of the Secretary of the Interior designated by the Secretary of the Interior); ``(iv) the Secretary of Commerce (or a representative of the Secretary of Commerce designated by the Secretary of Commerce); ``(v) the Secretary of Health and Human Services (or a representative of the Secretary of Health and Human Services designated by the Secretary of Health and Human Services); and ``(vi) the Under Secretary for Health and the Under Secretary for Benefits, or their designees. ``(C) The Secretary may invite representatives of other departments and agencies of the United States to participate in the meetings and other activities of the Committee. ``(3) The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that a term of service of any such member may not exceed three years. The Secretary may reappoint any such member for additional terms of service. ``(4) The Committee shall meet as often as the Secretary considers necessary or appropriate, but not less often than twice each fiscal year. ``(b) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of benefits by the Department for veterans who are minority group members, reports and studies pertaining to such veterans and the needs of such veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department. ``(c)(1) Not later than July 1 of each even-numbered year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to veterans who are minority group members. Each such report shall include-- ``(A) an assessment of the needs of veterans who are minority group members with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department; ``(B) a review of the programs and activities of the Department designed to meet such needs; and ``(C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate. ``(2) The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to Congress a copy of the report, together with any comments concerning the report that the Secretary considers appropriate. ``(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate. ``(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to such section. ``(d) In this section, the term `minority group member' means an individual who is-- ``(1) Asian American; ``(2) Black; ``(3) Hispanic; ``(4) Native American (including American Indian, Alaskan Native, and Native Hawaiian); or ``(5) Pacific-Islander American.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 543 the following new item: ``544. Advisory Committee on Minority Veterans.''. SEC. 3. REPRESENTATIVES FOR MINORITY VETERANS AT DEPARTMENT FACILITIES. The Secretary of Veterans Affairs shall designate an appropriate official at each regional office of the Department of Veterans Affairs and at each medical facility of the Department to serve as the minority affairs officer of the Department at the office or facility. The officials shall perform such functions as the Secretary shall prescribe. SEC. 4. OFFICE FOR WOMEN VETERANS. (a) In General.--(1) Chapter 3 of title 38, United States Code, as amended by section 1(a) of this Act, is further amended by adding at the end the following new section: ``Sec. 318. Office for Women Veterans ``(a) There is in the Department an Office for Women Veterans. ``(b)(1) There is at the head of the Office a Director who shall be appointed by the Secretary. The Director shall be a career appointee in the Senior Executive Service. In appointing the Director, the Secretary shall give preference to the appointment of a veteran. The Director shall be appointed for a term of six years and may be reappointed for an additional term. ``(2) There is in the Office a Deputy Director who is the principal assistant of the Director. The Deputy Director shall perform such functions as the Director shall prescribe. ``(c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Office. ``(d) The Director shall perform the following functions with respect to veterans who are women: ``(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are women. ``(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are women are eligible. ``(3) Promote the use of benefits authorized by this title by veterans who are women and the conduct of outreach activities to veterans who are women, in conjunction with outreach activities carried out under chapter 77 of this title. ``(4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are women. ``(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are women and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public. ``(6) Analyze and evaluate complaints made by or on behalf of veterans who are women about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation. ``(7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are women. ``(8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are women. ``(9) Publicize the results of medical research which are of particular significance to veterans who are women. ``(10) Advise the Secretary and other appropriate officials on the effectiveness of the Department's efforts to accomplish the goals of section 492B of the Public Health Service Act (relating to the inclusion of women and minorities in clinical research) and of particular health conditions affecting womens' health which should be studied as part of the Department's medical research program and promote cooperation between the Department and other sponsors of medical research of potential benefit to veterans who are women. ``(11) Provide support and administrative services to the Advisory Committee on Women Veterans established under section 542 of this title. ``(12) Perform such other duties consistent with this section as the Secretary shall prescribe. ``(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Office in a timely manner. ``(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year-- ``(1) detailed information on the budget for the Office; ``(2) the Secretary's opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Office to comply with its statutory and regulatory duties; and ``(3) a report on the activities and significant accomplishments of the Office during the preceding fiscal year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter, as amended by section 1(b) of this Act, is further amended by adding at the end the following new item: ``318. Office for Women Veterans.''. SEC. 5. ADVISORY COMMITTEE ON WOMEN VETERANS. (a) Members.--Paragraph (2)(A) of section 542(a) of title 38, United States Code, is amended-- (1) by striking out ``and'' at the end of clause (ii); (2) by striking out the period at the end of clause (iii) and inserting in lieu a semicolon; and (3) by adding at the end the following: ``(iii) women veterans who have experience in a military theater of operations; and ``(iv) women veterans who do not have such experience.''.

Establishes in the Department of Veterans Affairs an Office for Minority Veterans, headed by a Director who shall be appointed by the Secretary of Veterans Affairs. Outlines Director duties with respect to advising, making recommendations, promoting, and disseminating information with respect to the implementation of policies and programs affecting veterans who are minority group members (Asian American, Black, Hispanic, Native American, or Pacific-Islander American). Requires the Secretary to include in budget documents submitted to the Congress each year information with respect to the Office's budget. Directs the Secretary to establish the Advisory Committee on Minority Veterans. Requires the Committee to report biennially to the Secretary, who shall report to the Congress, on Department programs and activities that pertain to minority veterans. Directs the Secretary to designate an appropriate official at each Department regional and medical facility to serve as minority affairs officer. Establishes in the Department an Office for Women Veterans, headed by a Director appointed by the Secretary. Outlines Director duties with respect to advising, making recommendations, promoting, and disseminating information with respect to the adoption of policies and programs affecting women veterans. Requires the Secretary to include in budget documents submitted to the Congress each year information with respect to the Office's budget. Requires the inclusion on the Advisory Committee on Women Veterans of members representing women veterans who do and who do not have experience in a military theater of operations.

A bill to amend title 38, United States Code, to establish in the Department of Veterans Affairs an Office for Women Veterans and an Office for Minority Veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Exploration Sustainability Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A robust and balanced space program enhances the United States long-term national and economic security by-- (A) inspiring students to pursue disciplines in science, technology, engineering, and mathematics; (B) stimulating development of advanced technologies with widespread applications; (C) increasing the United States technological competitiveness; and (D) enhancing global prosperity and security through cooperation in shared interests, such as advancement of science, understanding of Earth and the universe, and protection from space borne threats, such as asteroids. (2) The Nation's space program should include endeavors that balance-- (A) national security space and civil space; (B) robotic and human exploration; (C) advancement of scientific knowledge and engagement of the general public; (D) U.S. Government led launch capability development, including the Space Launch System and multi-purpose crew vehicle, and partnerships with commercial and international entities; (E) advancement of the space frontier and stimulation of commerce within Earth Orbit; and (F) peering outward to further understanding of the universe and observing Earth to expand knowledge of our home planet. (3) The National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.) provides for a robust and balanced national space program. SEC. 3. GOALS AND OBJECTIVES. Section 202 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Long-Term Goal.--The long-term goal of the human space flight and exploration efforts of NASA shall be to sustainably expand permanent human presence beyond low-Earth orbit and to do so, where practical, in a manner involving international partners and expanding economic activity in space.''; and (2) in subsection (b)(2), by inserting ``and expanding throughout cis-lunar space and beyond'' after ``infrastructure''. SEC. 4. REPORT ON CIS-LUNAR SPACE. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Administrator of the National Aeronautics and Space Administration shall submit to Congress a strategy to achieve the long-term goal of sustainably expanding a human presence beyond low-Earth orbit under section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)) through robust utilization of cis-lunar space. (b) Requirements.--The strategy shall include a discussion of-- (1) the utility of an expanded permanent human presence in cis-lunar space to enable missions to the lunar surface, asteroids, the Mars system, and other destinations of interest for future human exploration; (2) the utility of an expanded permanent human presence in cis-lunar space to economic, scientific, and technological advances; (3) the opportunities for-- (A) international partner collaboration toward the establishment and continuance of an expanded permanent human presence in cis-lunar space; (B) international partner contributions to the missions listed under paragraph (1) that are uniquely enabled by mission architectures that make use of an expanded and persistent human presence in cis-lunar space; (C) commercial industry participation toward the expansion and continuance of permanent human presence in cis-lunar space; (D) commercial industry contributions to the missions listed under paragraph (1) that are uniquely enabled by mission architectures that make use of an expanded and persistent human presence in cis-lunar space; and (E) commercial ventures that result from an expanded and persistent human presence in cis-lunar space; (4) the opportunities and uses for the National Aeronautics and Space Administration managed allocation of the International Space Station National Laboratory, including a specific discussion of high priority scientific and technological developments that use the International Space Station toward expanding and sustaining a human presence in cis-lunar space; and (5) a range of exploration mission architectures for the missions listed under paragraph (1). (c) Comparison of Architectures.-- (1) In general.--The strategy shall include a comparison of architectures that use an expanded and persistent human presence in cis-lunar space and architectures that do not, with a primary objective of identifying the architectures and approaches that-- (A) best support the long-term goal under section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)); and (B) are enabled by the transportation capabilities developed under titles III and IV of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.). (2) Factors.--Factors to be considered in the comparison shall include recurring and non-recurring cost, safety, sustainability, opportunities for international collaboration, enabling of new markets and opportunities for commercial industry, compelling scientific opportunities, flexibility of the architecture to adjust to evolving technologies, and leadership and priorities over time. (d) Implementation Plan.--The strategy shall include a plan that establishes a method and schedule for implementation of the strategy. The implementation plan shall include-- (1) proposed Program Formulation events; (2) Program Critical Design Reviews; (3) System Integration Reviews; (4) Systems Assembly, Integration and Test milestones; and (5) schedules of planned test launches and events, up to and including initial missions. SEC. 5. ASSURANCE OF CORE CAPABILITIES. Section 203 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18313) is amended by adding at the end the following: ``(c) Assurance of Core Capabilities.--The Administrator shall proceed with the utilization of the ISS, technology development, and follow-on transportation systems, including the Space Launch System, multi-purpose crew vehicle, and commercial crew and cargo transportation capabilities authorized by this Act in a manner that ensures-- ``(1) that these capabilities remain inherently complimentary and interrelated; ``(2) a balance of the development, sustainment, and use of each of these capacities, which are of critical importance to the viability and sustainability of the U.S. space program; and ``(3) that resources required to support the timely and sustainable development of these capabilities are not derived from a reduction in resources from one capability as a means of increasing resources to support another capability.''. SEC. 6. EXTENSION OF CERTAIN SPACE LAUNCH LIABILITY PROVISIONS. Section 50915(f) of title 51, United States Code, is amended by striking ``December 31, 2012'' and inserting ``December 31, 2014''. SEC. 7. EXEMPTION FROM INKSNA. Section 7(1) of the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) is amended to read as follows: ``(1) Extraordinary payments in connection with the international space station.--The term `extraordinary payments in connection with the International Space Station' means payments in cash or in-kind made or to be made by the United States Government for work on the International Space Station which the Russian Government pledged at any time to provide at its expense.''.

Space Exploration Sustainability Act - Amends the National Aeronautics and Space Administration Authorization Act of 2010 to make it: (1) a long-term goal for the National Aeronautics Space Administration (NASA) to sustainably expand permanent human presence beyond low-Earth orbit and to expand economic activity in space, and (2) a key objective of the United States to expand throughout cis-lunar space (the region of space from the Earth out to and including the region around the surface of the Moon) and beyond. Requires the Administrator of NASA to submit to Congress a strategy for achieving the long-term goal of sustainably expanding a human presence beyond low-Earth orbit through robust use of cis-lunar space. Instructs NASA to proceed with the utilization of the International Space Station, technology development, and follow-on transportation systems, including the space launch system and the multi-purpose crew vehicle.

A bill to reaffirm and amend the National Aeronautics and Space Administration Authorization Act of 2010, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transit Rail Access Improvement and Needs Act for the 21st Century''. SEC. 2. FINDINGS. The Congress finds that-- (1) modern and efficient fixed guideway transportation is important to the viability and well being of metropolitan areas and to the energy conservation and self-sufficiency goals of the United States; (2) public convenience and necessity require the development of fixed guideway transportation systems in metropolitan areas presently without such service, and the expansion of existing systems in metropolitan areas already receiving such service; (3) use of existing railroad trackage and rights-of-way in and around metropolitan areas provides a unique and valuable opportunity for the development and expansion of fixed guideway transportation facilities with a minimum of disruption to the environment and the surrounding community; and (4) voluntary negotiations between mass transportation authorities and rail carriers regarding shared use of existing railroad trackage and rights-of-way have not been adequate to ensure the development of sound and efficient fixed guideway transportation systems. SEC. 3. RAIL TRANSIT ACCESS. (a) Amendment.--Part E of subtitle V of title 49, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 285--RAIL TRANSIT ACCESS ``Sec. ``28501. Definitions. ``28502. Shared use of rail carrier trackage by mass transportation authorities. ``28503. Shared use of rail rights-of-way by mass transportation authorities. ``28504. Applicability of other laws. ``28505. Standards for Board action. ``Sec. 28501. Definitions ``In this chapter-- ``(1) `Board' means the Surface Transportation Board; ``(2) `fixed guideway transportation' means mass transportation (as defined in section 5302(a)(7)) provided on, by, or using a fixed guideway (as defined in section 5302(a)(4)); ``(3) `mass transportation authority' means a local governmental authority (as defined in section 5302(a)(6)) established to provide, or make a contract providing for, fixed guideway transportation; ``(4) `rail carrier' means a person providing common carrier railroad transportation for compensation subject to the jurisdiction of the Board under chapter 105; ``(5) `segregated fixed guideway facility' means a fixed guideway facility constructed within the railroad right-of-way of a rail carrier but physically separate from trackage, including relocated trackage, within the right-of-way used by a rail carrier for freight transportation purposes; and ``(6) `trackage' means a railroad line of a rail carrier, including a spur, industrial, team, switching, side, yard, or station track, and a facility of a rail carrier. ``Sec. 28502. Shared use of rail carrier trackage by mass transportation authorities ``(a) Authority.--If, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to use trackage of, and have related services provided by, the rail carrier for purposes of fixed guideway transportation, the Board shall, upon application of the mass transportation authority or the rail carrier, and if the Board finds it necessary or useful to carry out this chapter-- ``(1) order that the trackage be made available and the related services be provided to the mass transportation authority; and ``(2) prescribe reasonable terms and compensation for use of the trackage and provision of the related services, based upon the rail carrier's incremental cost of providing such trackage and services. ``(b) Quality of Service.--When prescribing reasonable compensation under subsection (a)(2), the Board shall consider quality of service as a major factor when determining whether, and the extent to which, the amount of compensation shall be greater than the incremental costs of using the trackage and providing the related services. ``(c) Terms of Operation.--When prescribing reasonable terms under subsection (a)(2), the Board may prescribe the number of trains that may be operated by or for the mass transportation authority, the speeds at which such trains may be operated, and the trackage maintenance levels to be provided by the rail carrier. ``(d) Additional Trains.--When a rail carrier and a mass transportation authority cannot agree to terms for the operation of additional trains by or for a mass transportation authority over a rail line of the carrier, the mass transportation authority or the rail carrier may apply to the Board for an order establishing such terms. If the Board finds it reasonable to carry out this chapter, the Board shall order the rail carrier to allow operation of the requested additional trains on such terms as the Board finds reasonable under the circumstances. ``(e) Trackage Maintenance.--If a mass transportation authority believes that maintenance on trackage operated by or for the mass transportation authority has fallen below a safe or necessary level, the mass transportation authority may, after notice to the rail carrier and a sufficient period for maintenance improvements, apply to the Board for an order requiring the rail carrier to provide increased or improved maintenance on the trackage. If the Board finds it reasonable to carry out this part, the Board shall order the rail carrier to provide such increased or improved maintenance as the Board finds reasonable under the circumstances. The remedy available under this subsection shall be in addition to any contract rights that a mass transportation authority may possess with respect to trackage maintenance. ``(f) Accelerated Speeds.--If a rail carrier refuses to allow accelerated speeds for trains operated by or for a mass transportation authority, the mass transportation authority may apply to the Board for an order requiring the rail carrier to allow the accelerated speeds and related improvements. The Board shall decide whether accelerated speeds are unsafe or impracticable and which improvements would be required to make accelerated speeds safe and practicable. The Board shall establish the maximum allowable speeds for trains operated by or for a mass transportation authority on terms the Board decides are reasonable. ``(g) Preference Over Freight Transportation.--Except in an emergency, fixed guideway transportation provided by or for a mass transportation authority pursuant to an order issued under subsection (a) has preference over freight transportation in using a rail line, junction, or crossing unless the Board orders otherwise under this chapter. A rail carrier affected by this subsection may apply to the Board for relief. If the Board decides that preference for fixed guideway transportation materially will lessen the quality of freight transportation provided to shippers, the Board shall establish the rights of the rail carrier and the mass transportation authority on reasonable terms. ``(h) Final Determination.--The Board shall make a determination under this section not later than 120 days after a mass transportation authority or a rail carrier submits an application to the Board. ``Sec. 28503. Shared use of rail rights-of-way by mass transportation authorities ``(a) General Authority.--If, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility, the mass transportation authority may apply to the Board for an order requiring the rail carrier to convey an interest to the authority. The Board, not later than 120 days after receiving the application, shall order the interest conveyed if-- ``(1) conveyance will not impair significantly the efficient handling of rail freight traffic; ``(2) the mass transportation authority assumes all reasonable costs associated with any necessary relocation of a rail carrier's trackage within the right-of-way; and ``(3) the fixed guideway transportation purpose of the proposed segregated fixed guideway facility cannot be met adequately by acquiring an interest in other property. ``(b) Compensation and Terms.--A conveyance ordered by the Board under this section shall be subject to the payment of just compensation and to such other reasonable terms as the Board may prescribe. ``Sec. 28504. Applicability of other laws ``(a) Board Review or Approval.--Operations or conveyances undertaken pursuant to an order issued under section 28502 or 28503 are not subject to Board review or approval under subtitle IV of this title. ``(b) Contractual Obligations for Claims.--Nothing in this chapter shall be construed to limit a rail transportation provider's right under section 28103(b) to enter into contracts that allocate financial responsibility for claims. ``Sec. 28505. Standards for Board action ``In proceedings under sections 28502 and 28503 the Board shall utilize, to the extent relevant and feasible, the principles, standards, and precedents utilized in proceedings under sections 24308 and 24311(c) involving the National Railroad Passenger Corporation.''. (b) Conforming Amendments.-- (1) Limitations on rail passenger transportation liability.--Section 28103(a) of title 49, United States Code, is amended by inserting ``or other fixed guideway transportation'' after ``commuter''. (2) Table of chapters.--The table of chapters of subtitle V of title 49, United States Code, is amended by adding after the item relating to chapter 283 the following new item: ``285. RAIL TRANSIT ACCESS......................... 28501''.

Authorizes the mass transportation authority or the rail carrier to apply to the Board for an order establishing reasonable terms for the operation of additional trains by or for the authority over a rail line of the carrier, when the carrier and the authority cannot agree to terms. Authorizes a mass transportation authority, after notice to the rail carrier and a sufficient period for maintenance improvements, to apply to the Board for an order requiring the carrier to provide increased or improved maintenance on the trackage if the authority believes that maintenance on trackage operated by or for the authority has fallen below a safe or necessary level. Authorizes a mass transportation authority to apply to the Board for an order requiring the rail carrier to allow accelerated speeds and related improvements if the rail carrier refuses to allow them. Declares that, except in an emergency, fixed guideway transportation provided by or for a mass transportation authority pursuant to an order issued under this Act has preference over freight transportation in using a rail line, junction, or crossing, unless the Board orders otherwise. Declares that if, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility, the authority may apply to the Board for an order requiring the carrier to convey an interest to the authority.

Transit Rail Access Improvement and Needs Act for the 21st Century

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Consolidation and Investment Act of 1995''. SEC. 2. FINDINGS. Congress finds that-- (1) fragmentation of the Federal Government's major child care assistance programs has left gaps for many parents moving from welfare to work; (2) child care problems have prevented 34 percent of poor mothers between the ages 21 and 29 from working; (3) \2/3\ of all families receiving assistance under the Aid to Families with Dependent Children program have at least one preschool age child and need child care in order to work; (4) there already exists an unmet need for child care assistance--37 States now have waiting lists that can run as high as 35,000 individuals; (5) child care directly affects an individual's ability to stay in the work force; (6) welfare reform that places work at its center will increase the demand for child care and require an additional investment of resources; (7) child care consumes $260 per month or about 27 percent of income for average working poor families, leaving them with less income than families eligible for assistance under the Aid to Families with Dependent Children program; (8) quality must be a central feature of the child care policy of the United States; (9) only 1 in 7 day care centers offer good quality care; (10) 40 percent of day care centers serving infants and toddlers do not meet basic sanitary conditions, have safety problems, and do not encourage learning; and (11) only 9 percent of family and relative day care is considered good quality care. SEC. 3. PURPOSE. It is the purpose of this Act to-- (1) eliminate program fragmentation and create a seamless system of high quality child care that allows for continuity of care for children as parents move from welfare to job training to work; (2) provide for parental choice among high quality child care programs; and (3) increase the availability of high quality affordable child care in order to promote self sufficiency and support working families. SEC. 4. AMENDMENTS TO CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990. (a) Appropriations.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended to read as follows: ``SEC. 658B. APPROPRIATION. ``(a) In General.--For the purpose of providing child care services for eligible children through the awarding of grants to States under this subchapter, the Secretary of Health and Human Services shall pay, from funds in Treasury not otherwise appropriated, $2,302,000,000 for fiscal year 1996, $2,790,000,000 for fiscal year 1997, $3,040,000,000 for fiscal year 1998, $3,460,000,000 for fiscal year 1999, and $4,030,000,000 for fiscal year 2000. ``(b) Adjustments.--If the amounts appropriated under subsection (a) are not sufficient to provide services to each child whose parent is required to undertake education, job training, job search, or employment as a condition of eligibility for benefits under part A of title IV of the Social Security Act, the Secretary shall pay, from funds in the Treasury not otherwise appropriated, such sums as may be necessary to ensure the implementation of section 658E(c)(3)(E) with respect to each such child.''. (b) Awarding of Grants.--Section 658C of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858a) is amended by striking ``is authorized to'' and inserting ``shall''. (c) Supplementation.--Section 658E(c)(2)(J) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)(J)) is amended by inserting ``in fiscal year 1995'' before the period. (d) Set-Asides for Quality and Working Families, and Child Care Guarantee.--Section 658E(c)(3) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3))-- (1) in subparagraph (C), by striking ``25 percent'' and inserting ``20 percent''; and (2) by adding at the end thereof the following new subparagraphs: ``(D) Assistance for low-income working families.-- The State shall reserve not less than 50 percent of the amount provided to the State and available for providing services under this subchapter, to carry out child care activities to support low-income working families residing in the State. ``(E) Child care guarantee.--The State plan shall provide assurances that the availability of child care under the grant will be coordinated in an appropriate manner (as determined by the Secretary) with the requirements of part A of title IV of the Social Security Act. Such coordination shall ensure that the parent of a dependent child is not required to undertake an education, job training, job search, or employment requirement unless child care assistance in an appropriate child care program is made available.''. (e) Matching Requirement.--Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended by adding at the end thereof the following new paragraph: ``(6) Matching requirement.--With respect to amounts made available to a State in each fiscal year beginning with fiscal year 1996, that exceed the aggregate amounts received by the State for child care services in fiscal year 1995, the State plan shall provide that, with respect to the costs to be incurred by the State in carrying out the activities for which a grant under this subchapter is awarded, the State will make available (directly or through in-kind donations from public or private entities) non-Federal contributions in an amount equal to not less than $1 for every $4 of Federal funds provided under the grant.''. (f) Improving Quality.-- (1) Increase in required funding.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended by striking ``not less than 20 percent'' and inserting ``50 percent''. (2) Quality improvement incentive initiative.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended-- (A) by striking ``A State'' and inserting ``(a) In General.--A State''; and (B) by adding at the end thereof the following new subsection: ``(b) Quality Improvement Incentive Initiative.-- ``(1) In general.--The Secretary shall establish a child care quality improvement incentive initiative to make funds available to States that demonstrate progress in the implementation of-- ``(A) innovative teacher training programs such as the Department of Defense staff development and compensation program for child care personnel; or ``(B) enhanced child care quality standards and licensing and monitoring procedures. ``(2) Funding.--From the amounts made available for each fiscal year under subsection (a), the Secretary shall reserve not to exceed $50,000,000 in each such fiscal year to carry out this subsection.''. (g) Before- and After-School Services.--Section 658H(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f(a)) is amended by striking ``not less than 75 percent'' and inserting ``50 percent''. (h) Payments.--Section 658J(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858h) is amended by striking ``Subject to the availability of appropriation, a'' and inserting ``A''. (i) Allotments.--Section 658O(b) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m(b)) is amended by adding at the end thereof the following new paragraph: ``(5) Allotment.-- ``(A) Base allotment.--Effective beginning with fiscal year 1996, the amount allotted to a State under this section shall include the base amount that the State received under this Act, and under the provisions repealed under section 5 of the Child Care Consolidation and Investment Act of 1995, in fiscal year 1995. ``(B) Additional amounts.--Effective beginning with fiscal year 1996, any amounts appropriated under section 658B for a fiscal year and remaining after the requirement of subparagraph (A) is complied with, shall be allotted to States pursuant to the formula described in paragraph (1).''. SEC. 5. PROGRAM REPEALS. (a) AFDC JOBS and Transitional Child Care.-- (1) Repeal.--Paragraphs (1), (3), (4), (5), (6), and (7) of section 402(g) of the Social Security Act (42 U.S.C. 602(g)) are repealed. (2) Conforming amendments.--Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended-- (A) in section 402(a)(19) (42 U.S.C. 602(a)(19))-- (i) in subparagraph (B)(i)(I), by striking ``section 402(g)'' and inserting ``the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)''; (ii) in subparagraph (C)(iii)(II), by striking ``section 402(g)'' and inserting ``the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)''; (iii) in subparagraph (D), by striking ``section 402(g)'' and inserting ``the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)''; and (iv) in subparagraph (F)(iv), by striking ``section 402(g)'' and inserting ``section 402(g)(2) and the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)''; (B) in section 402(g)(2) (42 U.S.C. 602(g)(2)), by striking ``(in addition to guaranteeing child care under paragraph (1))''; and (C) in section 403(l)(1)(A) (42 U.S.C. 603(l)(1)(A)), by striking ``(including expenditures for child care under section 402(g)(1)(A)(i), but only in the case of a State with respect to which section 1108 applies)''. (b) At-Risk Child Care.--Sections 402(i) and 403(n) of the Social Security Act (42 U.S.C. 602(i), 603(n)) are repealed. (c) State Dependent Care Grants.--Subchapter E of chapter 8 of subtitle A of title VI of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9871 et seq.) is repealed. (d) Child Development Associate Scholarship Assistance Act.--The Child Development Associate Scholarship Assistance Act of 1985 (42 U.S.C. 10901 et seq.) is repealed. (e) Secretarial Submission of Legislative Proposal for Technical and Conforming Amendments.--The Secretary of Health and Human Services shall, within 90 days after the date of the enactment of this Act, submit to the appropriate committees of the Congress, a legislative proposal providing for such technical and conforming amendments in the law as are required by the provisions of subsections (a) and (c).

Child Care Consolidation and Investment Act of 1995 - Amends the Child Care and Development Block Grant Act of 1990 to appropriate funds for FY 1996 through 2000 for child care services for eligible children through the awarding of grants to States. Directs the Secretary of Health and Human Services, if the amounts appropriated are insufficient to provide services to each child whose parent is required to undertake education, job training or search, or employment as a condition of eligibility under part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act, to pay sums necessary to ensure the implementation of State plans for child care and development for each child. Requires (currently, authorizes) child care and development block grants for States. Decreases from 25 to 20 percent the amount of funds to be reserved by States per fiscal year for activities to improve the quality of child care and to provide before- and after-school and early childhood development services. Directs States to reserve at least 50 percent of grant amounts for child care activities to support low-income working families. Requires State plans to assure that the availability of child care will be coordinated with AFDC requirements and to ensure that the parent of a dependent child is not required to undertake an education, job training or search, or employment requirement unless child care assistance is available. Sets forth a matching requirement for States with respect to amounts that exceed amounts received in FY 1995. Increases to 50 (currently, 20) percent the minimum percentage of reserved amounts States must use to carry out specified activities to improve the quality of child care. Directs the Secretary to establish a child care quality improvement incentive initiative to make funds available to States that demonstrate progress in the implementation of: (1) innovative teacher training programs; or (2) enhanced child care quality standards and licensing and monitoring procedures. Decreases from 75 to 50 percent the minimum percentage of reserved amounts States must use to carry out early child development and before- and after-school services. Requires amounts allotted to States under this Act to include the base amount such States received under the Child Care and Development Block Grant Act of 1990 and under AFDC provisions repealed under this Act. Repeals specified AFDC provisions and the Child Development Assistance Associate Scholarship Assistance Act of 1985.

Child Care Consolidation and Investment Act of 1995

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Used Car Consumer Notification and Reporting Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Many States do not have specific requirements regarding the disclosure of a motor vehicle's history and even fewer States require that the motor vehicle's title be stamped or branded to indicate that it is a salvage vehicle or a manufacturer buyback vehicle. (2) The State disclosure requirements that do exist regarding a motor vehicle's history are inconsistent with one another in scope and language, require the use of various and different forms and administrative procedures, and are duplicative, burdensome on interstate commerce, and confusing to consumers. (3) The fact that a motor vehicle is a salvage vehicle or a manufacturer buyback vehicle is material to any subsequent sale of the vehicle. (4) Many salvage vehicles and manufacturer buyback vehicles are subsequently resold at auction or by used motor vehicle dealers and thus recycled back into the marketplace, back onto the streets, and back into repair shops. (5) Rebuilt motor vehicles may not have passed a rigorous safety inspection and may pose a safety risk, according to the National Highway Traffic Safety Administration, and consumers who unknowingly buy these motor vehicles face an increased risk of death or serious injury in motor vehicle accidents. SEC. 3. MOTOR VEHICLE DAMAGE DISCLOSURE REQUIREMENTS. The Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901 et seq.) is amended by inserting at the end the following new title: ``TITLE VII--MOTOR VEHICLE DAMAGE DISCLOSURE REQUIREMENTS ``SEC. 701. DEFINITIONS. ``For the purposes of this title, the following definitions shall apply: ``(1) Certificate of title.--The term `certificate of title' means a document issued by a State evidencing ownership of a motor vehicle. ``(2) Motor vehicle.--The term `motor vehicle' has the same meaning as the term `passenger motor vehicle' in section 2 of the Motor Vehicle Information and Cost Savings Act. ``(3) Manufacturer buyback vehicle.--The term `manufacturer buyback vehicle' means a motor vehicle that has been repurchased, replaced, or reacquired by a motor vehicle manufacturer, distributor, or dealer due to a nonconformity in the motor vehicle pursuant to a State lemon law by-- ``(A) an order or judgment by a court of law; or an agreement between the parties to settle before trial; or ``(B) a decision by a formal, informal, or mandatory arbitration procedure; ``(4) Salvage vehicle.--The term `salvage vehicle' means a motor vehicle that has been issued a title in any State bearing any word or symbol signifying that the motor vehicle is a `salvage', `junk', `reconstructed', or `rebuilt' motor vehicle, or that the motor vehicle has been severely damaged by flood. ``(5) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(6) State.--The term `State' means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 702. DISCLOSURE REQUIREMENTS. ``(a) Regulations.--The Secretary shall promulgate regulations, which shall become effective not later than 180 days after the date of the enactment of this title, that establish uniform Federal requirements, as provided in subsection (b), regarding the disclosure to consumers that a motor vehicle is a salvage vehicle or a manufacturer buyback vehicle. ``(b) Specific Requirements.--In carrying out the provisions of subsection (a), the Secretary shall-- ``(1) prescribe the form and content of a national uniform certificate of title that discloses that a motor vehicle sold on or after the effective date of such regulations is a salvage vehicle or a manufacturer buyback vehicle; ``(2) prescribe the form and content of a national uniform sticker, to be affixed, prior to the sale of the motor vehicle, to the windshield of a salvage vehicle or a manufacturer buyback vehicle sold on or after the effective date of such regulations, which discloses that the motor vehicle is a salvage vehicle or a manufacturer buyback vehicle; ``(3) prescribe the form and content of a national uniform consumer disclosure statement that-- ``(A) includes the motor vehicle make, model, year, vehicle identification number, and any prior title numbers and prior States of title; and ``(B) discloses that a motor vehicle sold on or after the effective date of the regulations promulgated pursuant to this section is (according to records available to the State issuing the certificate of title, including records from any State in which a certificate of title has previously been issued for such motor vehicle) a salvage vehicle or a manufacturer buyback vehicle and the reason for such designation; ``(4) provide that a motor vehicle, the ownership of which is transferred on or after the effective date of the regulation, may not be licensed for use in any State unless the State discloses in writing on the certificate of title whether records readily accessible to the State indicate whether the vehicle is a salvage vehicle or a manufacturer buyback vehicle; and ``(5) provide for a civil penalty, not to exceed $10,000, which shall be assessed by the Secretary for each violation of a regulation promulgated by the Secretary pursuant to this section. ``SEC. 703. UNFAIR TRADE PRACTICE. ``A violation of any regulation promulgated by the Secretary pursuant to section 4 shall be deemed an unfair or deceptive act or practice for purposes of section 5(a)(1) of the Federal Trade Commission Act. ``SEC. 704. EFFECT ON STATE LAW. ``Effective on the date the regulations promulgated pursuant to section 4 become effective, the provisions of this title shall supersede any provision of the law of any State relating to the disclosure of whether a motor vehicle is a salvage vehicle or manufacturer buyback vehicle to the extent that the provision of State law is inconsistent with the provisions of this title or a regulation promulgated pursuant to this title.''.

Used Car Consumer Notification and Reporting Act - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to promulgate regulations that establish uniform Federal requirements regarding the disclosure to consumers that a motor vehicle is a salvage or manufacturer buyback vehicle. Deems a violation of a regulation promulgated by the Secretary to be an unfair or deceptive practice for purposes of the Federal Trade Commission Act. Provides that this Act shall supersede any State law relating to disclosure of whether a vehicle is a salvage or manufacturer buyback vehicle to the extent that such law is inconsistent with this Act.

Used Car Consumer Notification and Reporting Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``American Solution for Simplifying the Estate Tax Act of 2014''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Congressional findings. Sec. 3. Elective simplified estate tax. Sec. 4. Carry-over basis. Sec. 5. Returns. Sec. 6. Special rule for revocation of trusts in connection with election. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) The current method of collecting Federal estate tax often cripples American family owned businesses, farms, and ranches by forcing the sale of ongoing concerns in order to pay tax liability arising from the death of an owner, creating inefficiencies, dislocation, and often job losses. (2) From farmers and ranchers to urban business owners, the Federal estate tax looms heavily and has a counterproductive effect on our Nation's family owned businesses that costs numerous jobs. (3) The job losses, economic dislocation, and excessive compliance costs are not justified given the fact that the estate tax has averaged one percent of total IRS collections since 1960, with $14 billion collected in Fiscal Year 2013 (less than \1/2\ percent of total IRS collections). (4) The Joint Economic Committee in its May 2006 study concluded that in order to avoid wealth transfer taxes, individuals' costs of complying with the estate tax roughly equals the revenue yield of the estate tax for the U.S. Treasury. (5) The current method of collection of the estate tax leads many wealthy Americans to lock up capital in trusts to minimize or eliminate tax liability, meaning that billions of dollars are left idle instead of facilitating the creation of new business ventures that could stimulate the economy. (6) As recently as 2009, of the 34,000 estate tax returns filed that year, only half owed any estate tax, indicating that many wealthy Americans have found means to avoid paying this tax. In 2012, 9,400 Americans still had to file estate tax returns, even with the higher $5 million threshold. (7) It is in the national interest to modify the mechanism for collection of revenues from those Americans who have the largest estates, provided that it is done in a revenue neutral manner that ensures the ongoing collection of an appropriate percentage of the historical average of 1 percent of total IRS tax receipts that reflects the lower amount of estate tax revenues generated under the 2010 and 2012 amendments due to a higher exemption amount. SEC. 3. ELECTIVE SIMPLIFIED ESTATE TAX. (a) In General.--Chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter D--Simplified Estate Tax ``Sec. 2301. Simplified estate tax. ``Sec. 2302. Imposition and rate. ``Sec. 2303. Election. ``Sec. 2304. Seven taxable year minimum. ``SEC. 2301. SIMPLIFIED ESTATE TAX. ``In the case of an individual (and, if married, such individual's spouse) who elects the application of this subchapter-- ``(1) chapter 11 shall thereafter not apply with respect to the transfer of the estate of such individual (or such spouse), ``(2) chapter 13 shall thereafter not apply with respect to any generation-skipping transfer (as defined in section 2611) made by such individual (or such spouse), and ``(3) a tax shall be imposed by section 2302 with respect to such individual (and such spouse) for the taxable year of the election and each taxable year thereafter. ``SEC. 2302. IMPOSITION AND RATE. ``(a) In General.--The tax imposed by this section for any taxable year shall be treated as an increase in the taxpayer's tax under chapter 1 for the taxable year by an amount equal to 1 percent of the modified adjusted gross income of the taxpayer for the taxable year. ``(b) Modified Adjusted Gross Income.--For purposes of this section, the term `modified adjusted gross income' means adjusted gross income increased by-- ``(1) any amount excluded from gross income under section 911, 931, or 933, or ``(2) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax. ``SEC. 2303. ELECTION. ``(a) In General.--Except as the Secretary shall by regulation prescribe in the case of separation, divorce, remarriage, or other circumstances the Secretary determines equitable, election for this subchapter to apply, once made, shall be irrevocable. ``(b) Married Couples To File Jointly.--If the taxpayer and the taxpayer's spouse elect the application of this subchapter and are married (within the meaning of section 7703) at the end of the taxable year, the taxpayer and the taxpayer's spouse shall file a joint return for the taxable year. ``SEC. 2304. SEVEN TAXABLE YEAR MINIMUM. ``(a) In General.--In the case of a decedent whose last taxable year is not at least the 7th taxable year for which the tax under section 2302 is imposed, the application of this subchapter shall be treated as not having been elected. ``(b) Transition Rule for 2015 and 2016.-- ``(1) In general.--In the case of a decedent who first elected the application of this subchapter during 2015 or 2016, subsection (a) shall not apply if the executor of the decedent's estate elects to increase the amount of the tax imposed under chapter 1 for the decedent's last taxable year by an amount equal to-- ``(A) the highest amount of tax imposed by section 2302 with respect to such decedent for any taxable year (including the decedent's last taxable year), multiplied by ``(B) an amount equal to the difference of-- ``(i) 7, over ``(ii) the number of taxable years for which such tax was imposed with respect to such decedent (including the decedent's last taxable year). ``(2) Special rule for decedent dying during year of election.--In the case of a decedent to whom paragraph (1) applies and who first elected the application of this subchapter with respect to the last taxable year of the decedent, the amount under subparagraph (A) shall not be less than the amount of tax which would have been imposed by section 2302 had such election first been elected with respect to the preceding taxable year. ``(c) Credit for Taxes Paid.-- ``(1) In general.--In the case of a decedent to which subsection (a) applies, the Secretary shall by regulation provide for allowing for a credit against the tax imposed by chapter 11 with respect to the decedent to account for any taxes paid by the decedent under section 2302. ``(2) Interest.--The amount of any credit determined under paragraph (1) with respect to any tax paid shall include interest, which shall be determined-- ``(A) at the overpayment rate established under section 6621, and ``(B) from the date of payment of such tax to the due date of the amount against which the credit is allowed.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after, and estates of decedents dying after, December 31, 2014. SEC. 4. CARRY-OVER BASIS. (a) In General.--Part II of subchapter O of chapter 1 of such Code is amended by inserting after section 1021 the following new section: ``SEC. 1022. TREATMENT OF PROPERTY ACQUIRED FROM A DECEDENT WHO ELECTED SIMPLIFIED ESTATE TAX TREATMENT. ``(a) In General.--In the case of property acquired from a decedent who elected the application of subchapter D of chapter 11-- ``(1) such property shall be treated for purposes of this subtitle as transferred by gift, and ``(2) the basis of the person acquiring property from such a decedent shall be the lesser of-- ``(A) the adjusted basis of the decedent, or ``(B) the fair market value of the property at the date of the decedent's death. ``(b) Property Acquired From the Decedent.--For purposes of this section, the following property shall be considered to have been acquired from the decedent: ``(1) Property acquired by bequest, devise, or inheritance, or by the decedent's estate from the decedent. ``(2) Property transferred by the decedent during his lifetime-- ``(A) to a qualified revocable trust (as defined in section 645(b)(1)), or ``(B) to any other trust with respect to which the decedent reserved the right to make any change in the enjoyment thereof through the exercise of a power to alter, amend, or terminate the trust. ``(3) Any other property passing from the decedent by reason of death to the extent that such property passed without consideration.''. (b) Effective Date.--The amendments made by this section shall apply with respect to estates of decedents dying after December 31, 2014. SEC. 5. SIMPLIFIED ESTATE TAX RETURNS. (a) Information Returns.-- (1) In general.--Subpart C of part II of subchapter A of chapter 61 of such Code is amended by inserting after section 6018 the following new section: ``SEC. 6018A. SIMPLIFIED ESTATE TAX RETURNS. ``(a) In General.--In the case of property acquired from a decedent who has in effect an election under subchapter D of chapter 11, the executor of the estate of such decedent shall make a return containing the following information with respect to such property: ``(1) The name and TIN of the recipient of such property. ``(2) An accurate description of such property. ``(3) The adjusted basis of such property in the hands of the decedent and its fair market value at the time of death. ``(4) The decedent's holding period for such property. ``(5) Sufficient information to determine whether any gain on the disposition of the property would be treated as ordinary income. ``(b) Property Acquired From Decedent.----For purposes of this section, section 1022 shall apply for purposes of determining the property acquired from a decedent. ``(c) Statements To Be Furnished to Certain Persons.--Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return (other than the person required to make such return) a written statement showing-- ``(1) the name, address, and phone number of the person required to make such return, and ``(2) the information specified in subsection (a) with respect to property acquired from, or passing from, the decedent to the person required to receive such statement. The written statement required under the preceding sentence shall be furnished not later than 30 days after the date that the return required by subsection (a) is filed. ``(d) Annual Beneficiary Asset Status Return.--Each recipient of property with respect to whom a statement is required to be furnished under subsection (c) and who owns any such property during the taxable year shall make a return with respect to such property containing the following information: ``(1) An accurate description of such property. ``(2) An accounting of the disposition of any such property during the taxable year. ``(3) The adjusted basis of such property as of the later of the end of the taxable year or the date of any such disposition. ``(e) Excepted Property.-- ``(1) In general.--Subsections (a) and (b) shall not apply with respect to-- ``(A) any property the fair market value of which, at the time of the decedent's death, does not exceed $10,000, and ``(B) any property the basis of which was determined by reference to the fair market value of the property at the date of the decedent's death. ``(2) Inflation adjustment.-- ``(A) In general.--In the case of any calendar year after 2015, the $10,000 amount under paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.''. (2) Clerical amendment.--The table of sections for subpart C of part II of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6018 the following new item: ``Sec. 6018A. Simplified estate tax returns.''. (b) Time for Filing Returns.--Section 6075(a) of such Code is amended-- (1) by striking ``Estate Tax Return.--Returns made'' and inserting the following: , ``Estate Tax Return.-- ``(1) In general.--Returns made'', and (2) by adding at the end the following new paragraph: ``(2) Simplified estate tax.-- ``(A) In general.--Returns made under section 6018A(a) shall be filed not later than 180 days after the date of the decedent's death. ``(B) Annual beneficiary asset status returns.-- Returns made under section 6018A(d) for a taxable year shall be filed concurrently with the individual's return of income tax for the taxable year.''. (c) Penalty for Failure To File Returns.-- (1) In general.--Part 1 of subchapter B of chapter 68 of such Code is amended by adding at the end the following new section: ``SEC. 6720D. FAILURE TO FILE INFORMATION WITH RESPECT TO SIMPLIFIED ESTATE TAX RETURNS. ``(a) Information Required To Be Filed With Secretary.--Any person required to furnish any information under section 6018A(a) who fails to do so on the date prescribed therfor (determined with regard to any extension of time for filing) shall pay a penalty of $10,000 for each such failure. ``(b) Information Required To Be Furnished to Beneficiaries.--Any person required to furnish in writing to each person described in section 6018A(c) the information required under such section who fails to do so shall pay a penalty of $250 for each such failure. ``(c) Annual Information Return Required To Be Furnished by Beneficiary.--Any person required to furnish any information under section 6018A(d) who fails to do so on the date prescribed therefor (determined with regard to any extension of time for filing) shall pay a penalty of $5,000 for each such failure. ``(d) Reasonable Cause Exception.--No penalty shall be imposed under subsection (a), (b), or (c) with respect to a failure if it is shown that such failure is due to reasonable cause. ``(e) Intentional Disregard.--If any failure under subsection (a), (b), or (c) is due to intentional disregard of the requirements under sections 6018A, the penalty under such subsection shall be 5 percent of the fair market value as of the date of death (in the case of section 6018A(d), as of the date prescribed for furnishing such return (determined with regard to any extension of time for filing)) of the property with respect to which the information is required. ``(f) Deficiency Procedures Not To Apply.--Subchapter B of chapter 63 (relating to deficiency procedures for income, estate, gift, and certain excise taxes) shall not apply in respect of the assessment or collection of any penalty imposed by this section.''. (2) Clerical amendment.--The table of sections for part 1 of subchapter B of chapter 68 of such Code is amended by adding at the end the following new item: ``Sec. 6720D. Failure to file information with respect to simplified estate tax returns.''. (d) Effective Date.--The amendments made by this section shall apply with respect to estates of decedents dying after December 31, 2014. SEC. 6. SPECIAL RULE FOR REVOCATION OF TRUSTS IN CONNECTION WITH ELECTION. Any revesting in the grantor of title to property held in a trust, whether by revocation, dissolution, or otherwise, shall not be subject to any tax imposed by the Internal Revenue Code of 1986 if such revesting occurs in 2015 or 2016 and is in connection with the grantor's election for subchapter D of chapter 11 to apply.

American Solution for Simplifying the Estate Tax Act of 2014 - Amends the Internal Revenue to: (1) allow taxpayers an election to make annual payments of 1% of their adjusted gross income for a minimum seven-year period in lieu of existing estate and generation-skipping transfer taxes, and (2) allow a step-up in basis for estate property of a taxpayer making an election under this Act. Sets forth requirements for the filing of an estate tax return for taxpayers who have made an election under this Act.

American Solution for Simplifying the Estate Tax Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Security Coordination Improvement Act''. SEC. 2. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL SUPPLY CHAIN. Paragraph (2) of section 201(g) of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 941(g)) is amended to read as follows: ``(2) Updates.--Not later than 270 days after the date of the enactment of this paragraph and every three years thereafter, the Secretary shall submit to the appropriate congressional committees a report that contains an update of the strategic plan required by subsection (a).''. SEC. 3. CONTAINER SECURITY INITIATIVE. Subsection (l) of section 205 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 945) is amended-- (1) by striking ``(1)In general.--Not later than September 30, 2007,'' and inserting ``Not later than 270 days after the date of the enactment of the Border and Maritime Security Coordination Improvement Act,''; (2) by redesignating subparagraphs (A) through (H) as paragraphs (1) through (8), respectively, and by moving the margins of such paragraphs (as so redesignated) two ems to the left; and (3) by striking paragraph (2). SEC. 4. CYBER AT PORTS. (a) Cybersecurity Enhancements to Maritime Security Activities.-- Subparagraph (B) of section 70112(a)(2) of title 46, United States Code, is amended-- (1) by redesignating clauses (i) through (iii) as clauses (ii) and (iv), respectively; and (2) by inserting before clause (ii) the following new clause: ``(i) shall facilitate the sharing of information relating to cybersecurity risks and incidents (as such terms are defined in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148)) to address port-specific cybersecurity risks and incidents, which may include the establishment of a working group of members of such committees to address such port- specific cybersecurity risks and incidents;''. (b) Vulnerability Assessments and Security Plans.--Title 46, United States Code, is amended-- (1) in subparagraph (C) of section 70102(b)(1), by inserting ``cybersecurity,'' after ``physical security,''; and (2) in subparagraph (C) of section 70103(c)(3)-- (A) in clause (i), by inserting ``cybersecurity,'' after ``physical security,''; (B) in clause (iv), by striking ``and'' after the semicolon at the end; (C) by redesignating clause (v) as clause (vi); and (D) by inserting after clause (iv) the following new clause: ``(v) prevention, management, and response to cybersecurity risks and incidents (as such terms are defined in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148)); and''. SEC. 5. FACILITY INSPECTION INTERVALS. Subparagraph (D) of section 70103(c)(4) of title 46, United States Code, is amended to read as follows: ``(D) subject to the availability of appropriations, verify the effectiveness of each such facility security plan periodically, but not less than one time per year without notice, and more frequently as determined necessary, in a risk based manner, with or without notice to the facility.''. SEC. 6. RECOGNITION OF OTHER COUNTRIES' TRUSTED SHIPPER PROGRAMS. (a) In General.--Section 218 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 968) is amended to read as follows: ``SEC. 218. RECOGNITION OF OTHER COUNTRIES' TRUSTED SHIPPER PROGRAMS. ``Not later than 30 days before signing an arrangement between the United States and a foreign government providing for mutual recognition of supply chain security practices which might result in the utilization of benefits described in section 214, 215, or 216, the Secretary shall-- ``(1) notify the appropriate congressional committees of the proposed terms of such arrangement; and ``(2) determine, in consultation with the Commissioner, that such foreign government's supply chain security program provides comparable security as that provided by C-TPAT.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Security and Accountability for Every Port Act of 2006 is amended by amending the item relating to section 218 to read as follows: ``Sec. 218. Recognition of other countries' trusted shipper programs.''. SEC. 7. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN. (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following new section: ``SEC. 434. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN. ``Not later than 180 days after the date of the enactment of this section and biennially thereafter, the Secretary shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a maritime operations coordination plan for the coordination and cooperation of maritime operations undertaken by components and offices of the Department with responsibility for maritime security missions. Such plan shall update the maritime operations coordination plan released by the Department in July 2011, and shall address the following: ``(1) Coordination of planning, integration of maritime operations, and development of joint maritime domain awareness efforts of any component or office of the Department with responsibility for maritime homeland security missions. ``(2) Maintaining effective information sharing and, as appropriate, intelligence integration, with Federal, State, and local officials and the private sector, regarding threats to maritime security. ``(3) Cooperation and coordination with other departments and agencies of the Federal Government, and State and local agencies, in the maritime environment, in support of maritime homeland security missions. ``(4) Work conducted within the context of other national and Department maritime security strategic guidance.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding after the item relating to section 433 the following new item: ``Sec. 434. Updates of maritime operations coordination plan.''. SEC. 8. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED FORCES. (a) In General.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report that describes and assesses the state of the Coast Guard's Deployable Specialized Forces (in this section referred to as the ``DSF''). Such report shall include, at a minimum, the following elements: (1) For each of the past three fiscal years, and for each type of DSF, the following: (A) A cost analysis, including training, operating, and travel costs. (B) The number of personnel assigned. (C) The total number of units. (D) The total number of operations conducted. (E) The number of operations requested by each of the following: (i) The Coast Guard. (ii) Other components or offices of the Department of Homeland Security. (iii) Other Federal departments or agencies. (iv) State agencies. (v) Local agencies. (F) The number of operations fulfilled by the entities specified in subparagraph (E). (2) An examination of alternative distributions of DSFs, including the feasibility, cost (including cost savings), and impact on mission capability of such distributions, including at a minimum the following: (A) Combining DSFs, primarily focused on counterdrug operations, under one centralized command. (B) Distributing counter-terrorism and anti- terrorism capabilities to DSFs in each major United States port. (b) Deployable Specialized Force Defined.--In this section, the term ``Deployable Specialized Force'' means a unit of the Coast Guard that serves as a quick reaction force designed to be deployed to handle counter-drug, counter-terrorism, and anti-terrorism operations or other maritime threats to the United States. SEC. 9. COST BENEFIT ANALYSIS OF CO-LOCATING DHS ASSETS. (a) In General.--For any location in which U.S. Customs and Border Protection's Office of Air and Marine Operations is based within 45 miles of locations where any other Department of Homeland Security agency also operates air and marine assets, the Secretary of Homeland Security shall conduct a cost-benefit analysis to consider the potential cost of and savings derived from co-locating aviation and maritime operational assets of the Office of Air and Marine Operations at facilities where other agencies of the Department operate such assets. In analyzing such potential cost savings achieved by sharing aviation and maritime facilities, such analysis shall consider, at a minimum, the following factors: (1) Potential enhanced cooperation derived from Department personnel being co-located. (2) Potential costs of, and savings derived through, shared maintenance and logistics facilities and activities. (3) Joint use of base and facility infrastructure, such as runways, hangars, control towers, operations centers, piers and docks, boathouses, and fuel depots. (4) Potential operational costs of co-locating aviation and maritime assets and personnel. (5) Short-term moving costs required in order to co-locate facilities. (6) Acquisition and infrastructure costs for enlarging current facilities, as needed. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report summarizing the results of the cost-benefit analysis required under subsection (a) and any planned actions based upon such results. SEC. 10. REPEAL OF INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY AND SECURE SYSTEMS OF TRANSPORTATION. Sections 70107A and 70116 of title 46, United States Code, are repealed. SEC. 11. CONFORMING AND CLERICAL AMENDMENTS. (a) Sections.--The following provisions of the Security and Accountability for Every Port Act of 2006 (Public Law 109-347) are amended as follows: (1) By striking section 105. (2) By redesignating sections 106 and 107 as sections 105 and 106, respectively. (3) By striking section 108. (4) By redesignating sections 109 and 110 as sections 107 and 108, respectively. (5) In section 121 (6 U.S.C. 921)-- (A) by striking subsections (c), (d), and (e); and (B) by redesignating subsections (f), (g), (h), and (i) as subsections (c), (d), (e), and (f), respectively. (6) By striking sections 122 and 127 (6 U.S.C. 922 and 927). (7) By redesignating sections 123, 124, 125, 126, and 128 as sections 122, 123, 124, 125, and 126, respectively. (8) In section 233 (6 U.S.C. 983), by striking subsection (c). (9) By striking section 235 (6 U.S.C. 984). (10) By redesignating section 236 as section 235. (11) By striking sections 701 and 708 (and the item relating to such section in the table of contents of such Act). (12) By redesignating sections 702, 703, 704, 705, 706, 707, and 709 as sections 701, 702, 703, 704, 705, 706, and 707, respectively. (b) Table of Contents.-- (1) Security and accountability for every port act of 2006.--The table of contents of the Security and Accountability for Every Port Act of 2006 (Public Law 109-347) is amended as follows: (A) In the list of items relating to subtitle A of title I, by striking the items relating to sections 105 through 110 and inserting the following new items: ``Sec. 105. Prohibition of issuance of transportation security cards to persons convicted of certain felonies. ``Sec. 106. Long-range vessel tracking. ``Sec. 107. Notice of arrival for foreign vessels on the Outer Continental Shelf. ``Sec. 108. Enhanced crewmember identification.''. (B) In the list of items relating to subtitle C of title I, by striking the items relating to sections 122 through 128 and inserting the following new items: ``Sec. 122. Random searches of containers. ``Sec. 123. Work stoppages and employee-employer disputes. ``Sec. 124. Threat assessment screening of port truck drivers. ``Sec. 125. Border Patrol unit for United States Virgin Islands. ``Sec. 126. Center of Excellence for Maritime Domain Awareness.''. (C) In the list of items relating to subtitle C of title II, by striking the items relating to sections 235 and 236 and inserting the following new item: ``Sec. 235. Information sharing relating to supply chain security cooperation.''. (D) In the list of items relating to title VII, by striking the items relating to sections 701 through 709 and inserting the following new items: ``Sec. 701. Disclosures regarding homeland security grants. ``Sec. 702. Trucking security. ``Sec. 703. Air and Marine Operations of the Northern Border Air Wing. ``Sec. 704. Phaseout of vessels supporting oil and gas development. ``Sec. 705. Coast Guard property in Portland, Maine. ``Sec. 706. Methamphetamine and methamphetamine precursor chemicals. ``Sec. 707. Protection of health and safety during disasters.''. (2) Title 46.--In the list of items relating to the analysis for chapter 701 of title 46, United States Code, by striking the items relating to sections 70107A and 70116.

Maritime Security Coordination Improvement Act This bill amends the Security and Accountability for Every Port Act of 2006 to direct the Department of Homeland Security (DHS), by 270 days after this bill's enactment: (1) and every three years thereafter, to submit an update of the strategic plan to enhance the security of the international supply chain; and (2) to report on the effectiveness of, and need for any improvements to, the Container Security Initiative. The bill requires an Area Maritime Security Advisory Committee to facilitate the sharing of information relating to cybersecurity risks and incidents to address port-specific cybersecurity risks and incidents. DHS's facility and vessel vulnerability assessments shall include identification of weaknesses in cybersecurity. The security plan submitted by an owner or operator of a vessel or facility for deterring a transportation security incident shall include provisions for prevention, management, and response to cybersecurity risks and incidents. DHS must verify the effectiveness of each such plan at least once (currently, twice) a year, and more frequently as necessary, in a risk-based manner. The bill requires DHS, at least 30 days before signing an arrangement with a foreign government providing for mutual recognition of supply chain security practices which might result in the utilization of benefits offered to Tier 1, Tier 2, and Tier 3 participants in the Customs-Trade Partnership Against Terrorism (C-TPAT), to: (1) notify Congress of the proposed terms, and (2) determine that such government's program provides comparable security as that provided by C-TPAT. The bill amends the Homeland Security Act of 2002 to direct DHS, within 180 days and biennially thereafter, to submit to Congress a maritime operations coordination plan. The Government Accountability Office shall report on the state of the Coast Guard's Deployable Specialized Forces. DHS shall conduct a cost-benefit analysis, for any location in which U.S. Customs and Border Protection's Office of Air and Marine Operations is based within 45 miles of locations where any other DHS agency also operates air and marine assets, to consider the potential cost and savings from co-locating the operational assets of such office at facilities where such other DHS agencies operate such assets. The bill repeals provisions requiring DHS to establish: (1) interagency operational centers for port security at all high-priority ports, and (2) a program to evaluate and certify secure systems of international intermodal transportation.

Maritime Security Coordination Improvement Act

SECTION 1. PRIVATE EDUCATION LOAN REFINANCING. Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``PART J--PRIVATE EDUCATION LOAN REFINANCING ``SEC. 499A. PRIVATE EDUCATION LOAN REFINANCING FOR PHYSICIANS. ``(a) In General.-- ``(1) Authority.--The Secretary shall carry out a Physician Private Education Loan Refinancing Program in accordance with this section. ``(2) Availability of funds.--There are hereby made available, in accordance with the provisions of this section, such sums as may be necessary to make loans under this section through refinancing private education loans to all individuals eligible to receive refinancing under this section. ``(3) Private education loan.--In this section, the term `private education loan' has the meaning given the term `qualified education loan' in section 221 of the Internal Revenue Code, but does not include any loan made under this title or under the Public Health Service Act. ``(b) Eligible Borrower.--An individual shall be eligible to receive private education loan refinancing under this section if the individual meets the following requirements: ``(1) The individual is participating in a residency program, approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association, at a hospital in one of the following specialties: ``(A) Family medicine. ``(B) Obstetrics/gynecology. ``(C) General internal medicine. ``(D) Gerontology. ``(E) General pediatrics. ``(F) General psychiatry. ``(2) The individual is not enrolled, on a half-time or more basis, in an eligible institution under this title (as such term is defined in section 435(a)). ``(3) The individual is indebted on at least 1 private education loan for the period of enrollment preceding their residency program. ``(4) The individual is not in default on a loan made, insured, or guaranteed under this title. ``(5) The individual has not previously obtained refinancing under this section. ``(c) Refinancing Under the Physician Private Education Loan Refinancing Program.-- ``(1) In general.--The Secretary shall refinance a private education loan in accordance with this section for an individual who is eligible for private education loan refinancing pursuant to subsection (b). Such refinancing loans shall have the same terms and conditions as a Federal Direct Consolidation Loan, except as provided in paragraphs (4) and (5). ``(2) Types of loans eligible to be refinanced.--A private education loan is eligible to be refinanced under this section if the loan was incurred after July 1, 2008. ``(3) Loan limits.--The maximum amount of private education loans that may be refinanced by an individual under this section is an amount equal to the sum of unpaid principal, accrued interest, and late charges of all private education loans eligible under paragraph (2) incurred by such individual. ``(4) Interest rate.--The interest rate for a private education loan refinanced under this section shall be 8.25 percent. ``(5) Repayment terms.--A loan refinanced under this section shall have the same repayment terms, conditions, and benefits as a Federal Direct Consolidation Loan, except that such loan shall not be eligible for-- ``(A) consolidation with any other loan eligible for loan consolidation under this title; ``(B) income-based repayment terms under this title; or ``(C) any loan forgiveness or cancellation provided under this title or under the Public Health Service Act, except in the case of death or permanent and total disability. ``(6) Loan application and promissory note.--The Secretary shall develop and distribute a standard application and promissory note and loan disclosure form for loans refinanced under this section. ``(7) Loan disbursement.--The proceeds of any loan refinanced under this section shall be paid by the Secretary directly to the holder of the private education loan being refinanced for the purpose of discharging or reducing the debt on such private education loan on behalf of the borrower, subject to repayment terms under this section. ``(d) Annual Report to Congress.--The Secretary shall report to Congress annually on the volume and repayment status of private education loans refinanced under this section.''.

Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to refinance the private education loans of individuals who are participating in a residency program in: (1) family medicine; (2) obstetrics/gynecology; (3) general internal medicine; (4) gerontology; (5) general pediatrics; or (6) general psychiatry. Sets the interest rate on the refinanced loans at 8.25%. Requires the refinanced loans to have the same terms and conditions as a Direct Consolidation Loan, except they are made ineligible for: (1) consolidation with another loan eligible for consolidation under title IV; (2) income-based repayment terms under title IV; or (3) any loan forgiveness or cancellation under title IV or the Public Health Service Act, except in the case of death or permanent and total disability.

To amend the Higher Education Act of 1965 to provide for the refinancing of certain private education loans for physicians practicing primary care medicine.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hedge Fund Disclosure Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Hedge funds currently operate largely outside the framework of substantive United States banking, securities, and futures laws and regulations. (2) The recent crisis of a large hedge fund demonstrated several ways in which the condition of major financial institutions in the United States, including many banks with federally insured deposits, reflects the success or failure of various hedge funds. (3) Among other things, financial institutions often invest in hedge funds, lend to hedge funds, act as counterparties in securities and derivatives transactions with hedge funds, and conduct proprietary trading activities that mirror the investment strategies of leading hedge funds. (4) In several cases, hedge funds utilize financial leveraging practices to a greater degree than do many regulated financial institutions and this high degree of leverage exacerbates the extent to which such hedge funds potentially pose a threat to the safety and soundness of the United States and international financial systems. (5) Given that most of the institutions and wealthy individuals that invest in hedge funds are highly sophisticated, market forces, rather than government regulations, are the best tools for constraining hedge funds from engaging in excessive leverage. (6) Market forces are similarly the most effective means of disciplining financial institutions that have allowed hedge fund dealings to threaten their stability. (7) The United States Government must insure that the failure of 1 or more hedge funds never causes a severe burden on the United States financial system or the United States payments system and that Federal resources are not squandered in efforts to salvage collapsed hedge funds. (8) Market forces cannot properly function with respect to hedge fund risks without a minimum of reliable information about hedge funds activities. SEC. 3. DEFINITIONS. (1) Board.--The term ``Board'' means the Board of Governors of the Federal Reserve System. (2) Federal banking agencies.--The term ``Federal banking agency'' has the meaning given to such term in section 3(z) of the Federal Deposit Insurance Act. (3) Unregulated hedge fund.--The term ``unregulated hedge fund'' means-- (A) any pooled investment vehicle that-- (i) has capital of $3,000,000,000 or more; (ii) is privately organized, administered by professional investment managers, and not widely available to the public; and (iii) is not registered as an investment company under the Investment Company Act of 1940; and (B) any group or family of pooled investment vehicles described in clauses (ii) and (iii) of subparagraph (A) that has total assets under management of $20,000,000,000 or more. SEC. 4. PUBLIC REPORTS REQUIRED. (a) In General.--Before the end of the 15-day period beginning at the end of each calendar quarter, each unregulated hedge fund shall submit a report to the Board which shall include the following information: (1) The total assets of the fund, the total notional amount of the fund's derivatives position, and the balance sheet leverage ratio of assets to liabilities, as of the end of the calendar quarter. (2) Meaningful and comprehensive measures of market risk (such as value-at-risk or stress test results) as of the end of the calendar quarter. (3) Such other information as the Board, in consultation with the Secretary of the Treasury, the Chairman of the Securities and Exchange Commission, the Chairperson of the Commodities Futures Trading Commission, and the Federal banking agencies, may require by regulation. (b) Availability of Reports.--Upon receipt of reports under subsection (a), the Board shall-- (1) immediately transmit copies of the reports to the Secretary of the Treasury, the Chairman of the Securities and Exchange Commission, the Chairperson of the Commodities Futures Trading Commission, and the Federal banking agencies; and (2) subject to subsection (c), make the reports available to the public on a timely basis. (c) Sequestration of Any Proprietary Information.--If, in order to provide a complete and meaningful report under subsection (a), an unregulated hedge fund includes any proprietary information concerning investment strategies and positions in the report, such information may, to the extent and in the manner provided in regulations prescribed by the Board, in consultation with the Secretary of the Treasury, the Chairman of the Securities and Exchange Commission, the Chairperson of the Commodities Futures Trading Commission, and the Federal banking agencies, be segregated in a confidential section of the report which shall not be available to the public under subsection (b)(2). (d) Regulation Time-Frame.--The Board shall-- (1) publish proposed regulations under this section in the Federal Register before the end of the 90-day period beginning on the date of the enactment of this Act, to allow for public comment; and (2) prescribe such regulations in final form before the end of the 90-day period beginning on the date the proposed regulations are so published, unless the Board determines that additional time, not to exceed 60 days, for comment on the proposed regulations is necessary. (e) Orders.--The Board may issue an order to any unregulated hedge fund to comply with the requirements of this section and the regulations prescribed under this section. SEC. 5. JUDICIAL ENFORCEMENT OF ORDERS. (a) In General.--The Board may, in the sole discretion of the Board, apply to-- (1) the United States district court within the jurisdiction of which the principal office of the unregulated hedge fund is located; or (2) in the case of an unregulated hedge fund which is a person of a foreign country (as defined in section 3502(d) of the Omnibus Trade and Competitiveness Act of 1988) and borrows from, accepts investments by, or is a counterparty to any person who resides within or is organized under the laws of the United States or any State, the United States District Court for the District of Columbia, for the enforcement of any effective and outstanding order issued under section 3 or 4, and such court shall have jurisdiction and power to order and require compliance therewith. (b) No Judicial Review.--No court shall have jurisdiction to affect by injunction or otherwise the issuance or enforcement of any order under section 4 or to review, modify, suspend, terminate, or set aside any such order. SEC. 6. PUBLIC DISCLOSURE OF DIRECT MATERIAL EXPOSURES TO SIGNIFICANTLY LEVERAGED FINANCIAL INSTITUTIONS. (a) Sense of the Congress.--It is the sense of the Congress that each public company, including financial institutions, should regularly and publicly disclose a summary of direct material exposures of the company, whether in the form of equity, loans, or other credit exposure, to significantly leveraged financial institutions, including commercial banks, investment banks, finance companies, and unregulated hedge funds. (b) Regulations Authorized.--The Securities and Exchange Commission, the Commodities Futures Trading Commission, and the Federal banking agencies shall prescribe regulations to require the disclosures described in subsection (a). SEC. 7. ENHANCED COUNTERPARTY RISK MANAGEMENT BY DEPOSITORY INSTITUTIONS. Section 39(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1831s(a)(1)) is amended-- (1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G); and (2) by inserting after subparagraph (D) the following new subparagraph: ``(E) counterparty risk management;''.

Defines unregulated hedge fund as: (1) any pooled investment vehicle with capital of $3 billion or more that is privately organized, administered by professional investment managers, not widely available to the public, and is not registered as an investment company under the Investment Company Act of 1940; and (2) any group or family of such pooled investment vehicles with total assets under management of $20 billion or more. Authorizes judicial enforcement of orders issued by designated regulatory agencies. Denies judicial review of any order issued by such agencies. Expresses the sense of Congress that each public company, including financial institutions, should regularly and publicly disclose a summary of its direct material credit exposures to significantly leveraged financial institutions, including commercial banks, investment banks, finance companies, and unregulated hedge funds. Directs the Securities and Exchange Commission, the Commodities Futures Trading Commission, and the Federal banking agencies to prescribe regulations to require such disclosures. Amends the Federal Deposit Insurance Act to mandate that each appropriate Federal banking agency prescribe safety and soundness standards pertaining to counterparty risk management.

Hedge Fund Disclosure Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community AIDS and Hepatitis Prevention Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Each year, approximately 12,000 Americans contract HIV/ AIDS and approximately 19,000 Americans contract the hepatitis C virus directly or indirectly from sharing contaminated syringes. (2) A 2005 comprehensive international review of the evidence of the effectiveness of syringe exchange programs in preventing HIV transmission shows that such programs reduce HIV transmission and are cost-effective. Eight additional federally funded research reports concluded that syringe exchange programs, as part of a comprehensive HIV prevention strategy, are an effective public health intervention that reduces HIV transmission without increasing the use of illicit drugs. Research has also shown that syringe exchange programs are important in preventing the transmission of hepatitis B and C. In 2004, Dr. Elias A. Zerhouni, Director of the National Institutes of Health, wrote Members of Congress stating, ``A number of studies conducted in the United States have shown that syringe exchange programs do not increase drug use among participants or surrounding community members and are associated with reductions in the incidence of HIV, hepatitis B, and hepatitis C in the drug-using population.''. (3) As part of a comprehensive HIV and hepatitis C virus prevention effort, syringe exchange programs often provide HIV and hepatitis C counseling, testing, education, and tools to reduce sexual and drug use-related health risks; links to addiction treatment; overdose prevention; and referrals to other important medical and social services. Research has shown that injection drug users who are referred to addiction treatment from syringe exchange programs are more likely to enter and remain in treatment. (4) Research has shown that, by providing safe disposal of used injection equipment, syringe exchange programs significantly reduce the number of improperly discarded syringes in the community, thereby reducing the exposure of police, sanitation workers, children, and others to dangers of blood-borne disease from accidental syringe sticks. (5) Syringe exchange programs reduce the prevalence of HIV among injection drug users. A review of data from 81 cities across Europe, Asia, and North America found that, on average, HIV prevalence among injection drug users increased by 5.9 percent per year in the 52 cities without syringe exchange programs and decreased by 5.8 percent per year in the 29 cities with syringe exchange programs. (6) Syringe exchange programs are supported by American scientific and professional organizations, including the American Academy of Family Physicians, the American Academy of Pediatrics, the American Academy of Physicians Assistants, the American Academy of Addiction Psychiatry (formerly the American Academy of Psychiatrists in Alcoholism and Addictions), the American Bar Association, the American Medical Association, the American Nurses Association, the American Pharmacists Association, the American Psychiatric Association, the American Psychological Association, the American Public Health Association, the American Society of Addiction Medicine, the Association of Nurses in AIDS Care, the Association of State and Territorial Health Officials, the Infectious Diseases Society of America, the National Association of Boards of Pharmacy, the National Alliance of State and Territorial AIDS Directors, the United States Conference of Mayors, the World Health Organization, UNICEF, the World Bank, the International Red Cross-Red Crescent Society, UNAIDS, and the United Nations Office on Drugs and Crime; and United States government agencies, including the National Institutes of Health and the National Institute on Drug Abuse. (7) According to the most recent data from the Centers for Disease Control and Prevention, in 2005, 185 syringes exchanges were operating in 36 States, the District of Columbia, and Puerto Rico. Removing barriers to the use of Federal funding will empower localities to use their funding in the most efficient way to prevent HIV and viral hepatitis. (8) Despite the scientific and public health consensus that syringe exchange programs reduce HIV and do not increase substance abuse, a ban on funding syringe exchange has been enacted as part of each Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act since 1998. (9) A similar ban on the District of Columbia's use of its own funds for needle exchange programs was lifted in fiscal year 2008. (10) Title XXVI of the Public Health Service Act, as added by the Ryan White Comprehensive AIDS Resources Emergency Act of 1990, is subject to a statutory ban on funding needle exchange programs. SEC. 3. USE OF FEDERAL FUNDS PERMITTED FOR SYRINGE EXCHANGE PROGRAMS. Notwithstanding any other provision of law, nothing shall prohibit the use of Federal funds to establish or carry out a program of distributing sterile syringes to reduce the transmission of bloodborne pathogens, including the human immunodeficiency virus (HIV) and viral hepatitis.

Community AIDS and Hepatitis Prevention Act - Provides that nothing shall prohibit the use of federal funds to establish or carry out a program of distributing sterile syringes to reduce the transmission of bloodborne pathogens, including the human immunodeficiency virus (HIV) and viral hepatitis.

To permit the use of Federal funds for syringe exchange programs for purposes of reducing the transmission of bloodborne pathogens, including HIV and viral hepatitis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Duck Stamp Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) On March 16, 1934, the Congress passed and President Roosevelt signed the Act popularly known as the Duck Stamp Act (16 U.S.C. 718a et seq.), which requires all migratory waterfowl hunters 16 years of age or older to buy a Federal migratory bird hunting and conservation stamp annually. (2) The Federal Duck Stamp program has become one of the most popular and successful conservation programs ever initiated. Because of it, our country again is teeming with migratory waterfowl and other wildlife that benefits from the wetland habitats. (3) Today, 1.7 million migratory bird hunting and conservation stamps are sold each year. As of 2003, such stamps have generated more than $600,000,000 in revenue that has been used to preserve over 5 million acres of migratory waterfowl habitat in the United States. Many of the more than 540 national wildlife refuges have been paid for all or in part with such revenue. SEC. 3. DEFINITIONS. In this section: (1) Actual stamp.--The term ``actual stamp'' means a Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 (chapter 71; 16 U.S.C. 718a et seq., popularly known as the Duck Stamp Act), that is printed on paper and sold through a means in use immediately before the enactment of this section. (2) Automated licensing system.--The term ``automated licensing system''-- (A) means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products; and (B) includes a point-of-sale, Internet, or telephonic system used for such purpose. (3) Electronic stamp.--The term ``electronic stamp'' means an electronic version of an actual stamp, that-- (A) is a unique identifier for the individual to whom it is issued; (B) can be printed on paper; (C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this section, to issue electronic stamps; (D) is compatible with the hunting licensing system of the State that issues the electronic stamp; and (E) is described in the State application approved by the Secretary under section 4(b). SEC. 4. ELECTRONIC DUCK STAMP PILOT PROGRAM. (a) Requirement to Conduct Program.--The Secretary of the Interior shall conduct a 3-year pilot program under which up to 15 States authorized by the Secretary may issue electronic stamps. (b) Commencement and Duration of Program.--The Secretary-- (1) shall use all means necessary to expeditiously implement this section no later than one year after the beginning of the first full Federal migratory waterfowl hunting seasons after the date of the enactment of this Act; and (2) shall carry out the pilot program for 3 Federal migratory waterfowl hunting seasons. (c) Consultation.--The Secretary shall carry out the program in consultation with State management agencies. SEC. 5. STATE APPLICATION. (a) Approval of Application Required.--A State may not participate in the pilot program under this Act unless the Secretary has received and approved an application submitted by the State in accordance with this section. (b) Contents of Application.--The Secretary may not approve a State application unless the application contains the following: (1) A description of the format of the electronic stamp that the State will issue under the pilot program, including identifying features of licensee that will be specified on the stamp. (2) A description of any fee the State will charge for issuance of an electronic stamp. (3) A description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program. (4) The manner by which the State will transmit electronic stamp customer data to the Secretary. (5) The manner by which the State will deliver actual stamps. (6) The policies and procedures under which the State will issue duplicate electronic stamps. (7) Such other policies, procedures, and information as may be reasonably required by the Secretary. (c) Publication of Deadlines, Eligibility Requirements, and Selection Criteria.--The Secretary shall, by not later than 30 days before receiving applications for participation in the pilot program, publish-- (1) deadlines for submission of applications to participate in the program; (2) eligibility requirements for participation in the program; and (3) criteria for selecting States to participate in the program. SEC. 6. STATE OBLIGATIONS AND AUTHORITIES. (a) Delivery of Actual Stamp.--The Secretary shall require that a State must provide an actual stamp to each individual to whom the State sells an electronic stamp under the pilot program, by not later than the date the electronic stamp expires under section 7(c). (b) Collection and Transfer of Electronic Stamp Revenue and Customer Information.-- (1) Requirement to transmit.--The Secretary shall require that each State participating in the pilot program State must collect and transmit to the Secretary in accordance with this section-- (A) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State; and (B) the face value amount of each electronic stamp sold by the State. (2) Time of transmittal.--The Secretary shall require the transmittal under paragraph (1) to be made with respect to sales of electronic stamps by a State occurring in a month-- (A) by not later than the 15th day of the subsequent month; or (B) as otherwise specified in the application of the State approved by the Secretary under section 5. (3) Additional fees not affected.--This section shall not apply to any fee collected by a State under subsection (c). (c) Electronic Stamp Issuance Fee.--A State participating in the pilot program may charge a reasonable fee to cover costs incurred by the State in issuing electronic stamps under the program, including costs of delivery of actual stamps. (d) Duplicate Electronic Stamps.--A State participating in the pilot program may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged. (e) Limitation on Authority to Require Purchase of State License.-- A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under the pilot program. SEC. 7. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP. (a) Stamp Requirements.--The Secretary shall require that an electronic stamp issued by a State under the pilot program must-- (1) have the same format as any other license, validation, or privilege the State issues under its automated licensing system; and (2) specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder. (b) Recognition of Electronic Stamp.--Any electronic stamp issued by a State under the pilot program shall, during the effective period of the electronic stamp-- (1) bestow to the licensee the same privileges as are bestowed by an actual stamp; (2) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and (3) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing such hunting. (c) Duration.--An electronic stamp issued by a State under the pilot program shall be valid for 45 days. SEC. 8. TERMINATION OF STATE PARTICIPATION. Participation by a State in the pilot program may be terminated-- (1) by the Secretary, if the Secretary-- (A) finds that the State has violated the terms of the application of the State approved by the Secretary under section 5; and (B) provides to the State written notice of such termination by not later than 30 days before the date of termination; or (2) by the State, by providing written notice to the Secretary by not later 30 days before the termination date. SEC. 9. EVALUATION. (a) Evaluation.--The Secretary, in consultation with State fish and wildlife management agencies, shall evaluate the pilot program and determine if it has provided a cost-effective and convenient means for issuing migratory-bird hunting and conservation stamps, including whether the program has-- (1) increased the availability of such stamps; (2) assisted States in meeting their customer service objectives with respect to such stamps; and (3) maintained actual stamps as an effective and viable conservation tool. (b) Report.--The Secretary shall submit a report on the findings of the Secretary under subsection (a).

Electronic Duck Stamp Act of 2004 - Directs the Secretary of the Interior to conduct a three-year pilot program under which up to 15 States authorized by the Secretary may issue electronic migratory bird hunting and conservation stamps. Requires implementation of the program no later than one year after the beginning of the first full Federal migratory waterfowl hunting seasons after enactment of this Act and continuation of the program for three such seasons. Prohibits a State's participation in the program absent the Secretary's approval of an application providing details of the State's electronic stamp process. Requires the Secretary to publish: (1) deadlines for the submission of State applications; (2) eligibility requirements for program participation; and (3) criteria for selecting States for the program. Directs the Secretary to require participating States to: (1) provide an actual (paper) stamp to each individual to whom the State sells an electronic stamp by the date on which the electronic stamp expires; and (2) collect and transmit to the Secretary electronic stamp revenue and customer information. Authorizes participating States to charge a reasonable fee to cover program costs. Sets forth requirements for electronic stamps. Authorizes termination of a State's participation in the program by the Secretary, upon written notice, for violations of the terms of an approved application or by the State. Requires the Secretary to evaluate and report on the pilot program.

To direct the Secretary of the Interior to conduct a pilot program under which up to 15 States may issue electronic Federal migratory bird hunting stamps.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retired Pay Restoration Act of 2007''. SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES. (a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.-- (1) Repeal of 50 percent requirement.--Section 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a). (2) Computation.--Paragraph (1) of subsection (c) of such section is amended by adding at the end the following new subparagraph: ``(G) For a month for which the retiree receives veterans' disability compensation for a disability rated as 40 percent or less or has a service-connected disability rated as zero percent, $0.''. (b) Repeal of Phase-In of Concurrent Receipt for Retirees With Service-Connected Disabilities Rated as Total.--Subsection (a)(1) of such section is amended by striking ``except that'' and all that follows and inserting ``except-- ``(A) in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004; and ``(B) in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as total by reason of unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2007.''. (c) Clerical Amendments.-- (1) The heading for section 1414 of such title is amended to read as follows: ``Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation''. (2) The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: ``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2008, and shall apply to payments for months beginning on or after that date. SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT. (a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a of title 10, United States Code, is amended by striking ``entitled to retired pay who--'' and inserting ``who-- ``(1) is entitled to retired pay, other than a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(2) has a combat-related disability.''. (b) Amendments To Standardize Similar Provisions.-- (1) Clerical amendment.--The heading for paragraph (3) of section 1413a(b) of such title is amended by striking ``rules'' and inserting ``rule''. (2) Qualified retirees.--Subsection (a) of section 1414 of such title, as amended by section 2(a), is amended-- (A) by striking ``a member or'' and all that follows through ``retiree')'' and inserting ``a qualified retiree''; and (B) by adding at the end the following new paragraph: ``(2) Qualified retirees.--For purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who-- ``(A) is entitled to retired pay, other than in the case of a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(B) is also entitled for that month to veterans' disability compensation.''. (3) Disability retirees.--Subsection (b) of section 1414 of such title is amended-- (A) by striking ``Special Rules'' in the subsection heading and all that follows through ``is subject to'' and inserting ``Special Rule for Chapter 61 Disability Retirees.--In the case of a qualified retiree who is retired under chapter 61 of this title, the retired pay of the member is subject to''; and (B) by striking paragraph (2). (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2008, and shall apply to payments for months beginning on or after that date.

Retired Pay Restoration Act of 2007 - Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more). States that, in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as total by reason of unemployability, payment of military retired pay is subject to a phase-in of concurrent receipt of both only during the period beginning on January 1, 2004, and ending on December 31, 2007 (currently September 30, 2009). Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.

A bill to amend title 10, United States Code, to permit certain retired members of the uniformed services who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate and Labor Electioneering Advertisement Reform Act'' or the ``CLEAR Act''. SEC. 2. STATEMENTS INCLUDED IN CAMPAIGN-RELATED COMMUNICATIONS FUNDED BY CORPORATIONS OR LABOR ORGANIZATIONS. (a) Requiring Statement Identifying Head of Corporation or Organization.--Section 318(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)) is amended-- (1) in paragraph (2), by striking ``Any communication'' and inserting ``Except as provided in paragraph (3), any communication''; and (2) by adding at the end the following new paragraph: ``(3) Special rules for communications paid for by corporations or labor organizations.-- ``(A) Disclosure statement required.--Any communication described in paragraph (3) of subsection (a) which is a corporate communication or a labor organization communication and which is transmitted through radio or television shall include, in addition to the requirements of that paragraph, the disclosure statement described in subparagraph (C). ``(B) Method of conveyance of statement.-- ``(i) Communications transmitted through radio.--In the case of a communication to which this paragraph applies which is transmitted through radio, the disclosure statement described in subparagraph (C) shall be made by audio in a clearly spoken manner by the applicable individual. ``(ii) Communications transmitted through television.--In the case of a communication to which this paragraph applies which is transmitted through television, the disclosure statement described in subparagraph (C) shall be conveyed by an unobscured, full-screen view of the applicable individual, or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual. The statement, together with a clearly readable logo of the corporation or labor organization (as the case may be), if any, shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement and logo, for a period of at least 4 seconds. ``(C) Disclosure statement described.--The disclosure statement described in this subparagraph is the following: `I am _______, and _______ paid for this advertisement and approves its contents.', with-- ``(i) the first blank to be filled in with the name and title of the applicable individual; and ``(ii) the second blank to the filled in with the name of the corporation (in the case of a corporate communication) or the name of the labor organization (in the case of a labor organization communication). ``(D) Definitions.--In this paragraph-- ``(i) the term `applicable individual' means the chief executive officer of a corporation (with respect to a corporate communication) or the highest ranking officer of a labor organization (with respect to a labor organization communication); ``(ii) the term `corporate communication' means a communication paid for in whole or in part by a corporation, other than a communication paid for in whole by a separate segregated fund established by a corporation under section 316(b)(2)(C); and ``(iii) the term `labor organization communication' means a communication paid for in whole or in part by a labor organization, other than a communication paid for in whole by a separate segregated fund established by a labor organization under section 316(b)(2)(C).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to communications made on or after the date of the enactment of this Act.

Amends the Federal Election Campaign Act of 1971 to require certain campaign-related radio and television communications paid for by a corporation or labor organization to include a statement identifying the chief executive officer of the corporation or the president of the labor organization.

To amend the Federal Election Campaign Act of 1971 to require certain campaign-related communications paid for by a corporation or labor organization to include a statement identifying the chief executive officer of the corporation or the president of the labor organization, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Burt Lake Band of Ottawa and Chippewa Indians Act of 1994''. SEC. 2. FINDINGS. Congress finds the following: (1) The Burt Lake Band of Ottawa and Chippewa Indians are descendants and political successors to the Indians that signed the treaty between the United States and the Ottawa and Chippewa nations of Indians at Washington, D.C. on March 28, 1836, and the treaty between the United States and the Ottawa and Chippewa Indians of Michigan at Detroit on July 31, 1855. (2) The Grand Traverse Band of Ottawa and Chippewa Indians, the Sault Ste. Marie Tribe of Chippewa Indians, and the Bay Mills Band of Chippewa Indians, whose members are also descendants of the Indians that signed the treaties referred to in paragraph (1), have been recognized by the Federal Government as distinct Indian tribes. (3) The Burt Lake Band of Ottawa and Chippewa Indians consists of over 600 eligible members who continue to reside close to their ancestral homeland as recognized in the reservations of lands under the treaties referred to in paragraph (1) in the area that is currently known as Cheboygan County, Michigan. (4) The Band continues to exist and carry out political and social activities with a viable tribal government. (5) The Band, along with other Michigan Odawa and Ottawa groups, including the tribes described in paragraph (2), formed the Northern Michigan Ottawa Association in 1948. (6) The Northern Michigan Ottawa Association subsequently submitted a successful land claim with the Indian Claims Commission. (7) During the period between 1948 and 1975, the Band carried out many governmental functions through the Northern Michigan Ottawa Association, and at the same time retained control over local decisions. (8) In 1975, the Northern Michigan Ottawa Association submitted a petition under the Act of June 18, 1934 (commonly referred to as the ``Indian Reorganization Act'') (48 Stat. 984 et seq., chapter 576; 25 U.S.C. 461 et seq.), to form a government on behalf of the Band. (9) In spite of the eligibility of the Band to form a government under such Act, the Bureau of Indian Affairs failed to act on such petition. (10) From 1836 to the date of enactment of this Act, the Federal Government, the government of the State of Michigan, and political subdivisions of the State have had continuous dealings with the recognized political leaders of the Band. SEC. 3. DEFINITIONS. As used in this Act: (1) Band.--The term ``Band'' means the Burt Lake Band of Ottawa and Chippewa Indians. (2) Member.--The term ``member'' means any individual enrolled in the Band pursuant to section 7. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. FEDERAL RECOGNITION. (a) Federal Recognition.--Congress hereby reaffirms the Federal recognition of the Burt Lake Band of Ottawa and Chippewa Indians. (b) Applicability of Federal Laws.--Notwithstanding any other provision of law, each provision of Federal law (including any regulation) of general application to Indians or Indian nations, tribes, or bands, including the Act of June 18, 1934 (commonly referred to as the ``Indian Reorganization Act'') (48 Stat. 984 et seq., chapter 576; 25 U.S.C. 461 et seq.), that is inconsistent with any specific provision of this Act shall not apply to the Band or any of its members. (c) Federal Services and Benefits.-- (1) In general.--The Band and its members shall be eligible for all services and benefits provided by the Federal Government to Indians because of their status as federally recognized Indians. Notwithstanding any other provision of law, such services and benefits shall be provided after the date of the enactment of this Act to the Band and its members without regard to-- (A) whether or not there is an Indian reservation for the Band; or (B) whether or not a member resides on or near an Indian reservation. (2) Service areas.--(A) For purposes of the delivery of Federal services to the enrolled members of the Band, the area of the State of Michigan within a 70-mile radius of the boundaries of the reservation for the Burt Lake Band, as set forth in the seventh paragraph of Article I of the treaty between the United States and the Ottawa and Chippewa Indians of Michigan (done at Detroit on July 31, 1855) shall be deemed to be within or near a reservation. (B) If an Indian reservation is established for the Band after the date of enactment of this Act, subparagraph (A) shall continue to apply on and after the date of the establishment of the reservation. (C) Unless prohibited by Federal law, the services and benefits referred to in paragraph (1) may be provided to members outside the service area described in subparagraph (A). SEC. 5. REAFFIRMATION OF RIGHTS. (a) In General.--To the extent consistent with the reaffirmation of the recognition of the Band under section 4(a), all rights and privileges of the Band and its members that have been abrogated or diminished before the date of the enactment of this Act are hereby reaffirmed. (b) Existing Rights of Tribe.--Nothing in this Act may be construed to diminish any right or privilege of the Band or its members that existed before the date of the enactment of this Act. Except as otherwise specifically provided, nothing in this Act may be construed as altering or affecting any legal or equitable claim the Band may have to enforce any right or privilege reserved by or granted to the Band that was wrongfully denied to the Band or taken from the Band before the date of enactment of this Act. SEC. 6. TRIBAL LANDS. The tribal lands of the Band shall consist of all real property held by, or in trust for, the Band. The Secretary shall acquire real property for the Band. Any property acquired by the Secretary pursuant to this section shall be held in trust by the United States for the benefit of the Band and shall become part of the reservation of the Band. SEC. 7. MEMBERSHIP. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Band shall submit to the Secretary a membership roll consisting of all individuals currently enrolled for membership in the Band at the time of the submission of the membership roll. (b) Qualifications.--The Band shall, in consultation with the Secretary, determine, pursuant to applicable laws (including ordinances) of the Band, the qualifications for including an individual on the membership roll. (c) Publication of Notice.--The Secretary shall publish notice of receipt of the membership roll in the Federal Register as soon as practicable after receiving the membership roll pursuant to subsection (a). (d) Maintenance of Roll.--The Band shall maintain the membership roll of the Band prepared pursuant to this section in such manner as to ensure that the membership roll is current. SEC. 8. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall conduct, by secret ballot, elections for the purpose of adopting a new constitution for the Band. The elections shall be held according to the procedures applicable to elections under section 16 of the Act of June 18, 1934 (commonly referred to as the ``Indian Reorganization Act'') (48 Stat. 987, chapter 576; 25 U.S.C. 476). (2) Interim governing documents.--Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on the date of the enactment of this Act shall be the interim governing documents for the Band. (b) Officials.-- (1) Elections.--Not later than 180 days after the Band adopts a constitution and bylaws pursuant to subsection (a), the Band shall conduct elections by secret ballot for the purpose of electing officials for the Band as provided in the governing constitution of the Band. The elections shall be conducted according to the procedures described in the governing constitution and bylaws of the Band. (2) Interim governments.--Until such time as the Band elects new officials pursuant to paragraph (1), the governing bodies of the Band shall include each governing body of the Band in effect on the date of the enactment of this Act, or any succeeding governing body selected under the election procedures specified in the applicable interim governing documents of the Band.

Burt Lake Band of Ottawa and Chippewa Indians Act of 1994 - Reaffirms Federal recognition and rights of the Burt Lake Band of Ottawa and Chippewa Indians (in the State of Michigan), including Federal services, benefits, and tribal lands.

Burt Lake Band of Ottawa and Chippewa Indians Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children from Peer-to- Peer Pornography Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) Peer-to-peer file trading software has been very widely distributed. The most popular of these programs has been downloaded over 200 million times, and at any one time, there are over 3 million people using it. (2) Peer-to-peer systems are emerging as a conduit for the distribution of pornographic images and videos, including child pornography. Child pornography is easily found and downloaded using peer-to-peer systems. (3) Child pornography has become increasingly available on peer-to-peer systems. In 2002, there was a fourfold increase in the number of reports of child pornography on peer-to-peer systems. (4) Approximately 40 percent of users of peer-to-peer systems are juveniles. (5) Juvenile users of peer-to-peer systems are at significant risk of inadvertent exposure to pornography, including child pornography, because searches on innocuous keywords likely to be used by juveniles produce a high proportion of pornographic images. (6) The availability of peer-to-peer systems as a distribution mechanism for child pornography may lead to further sexual abuse of children, because the production of child pornography is intrinsically related to sexual abuse of children. (7) Peer-to-peer systems also pose serious security and privacy threats to users. Among other things, peer-to-peer software often gives others access to all the files that are stored on a user's hard drive, and many users, including juvenile users and their parents, do not even know of these threats. (8) In light of these considerations, it is important that Federal law provide appropriate protection for juvenile users of peer-to-peer systems. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Commission'' means the Federal Trade Commission; (2) the term ``juvenile'' means an individual under the age of 18; (3) the term ``parent'' includes a legal guardian; (4) the terms ``peer-to-peer file trading software'' and ``peer-to-peer system'' have the definition given to such terms by the regulations to be promulgated under section 3(b)(1); (5) the term ``verifiable parental consent'' means any reasonable effort (taking into consideration available technology) to ensure that a parent of a juvenile receives notice as described in section 3(b)(2)(A) and authorizes the distribution of peer-to-peer file trading software to the juvenile, including efforts such as those constituting ``verifiable parental consent'' under the Children's Online Privacy Protection Act of 1998; (6) the term ``verification of majority'' means any reasonable effort (taking into consideration available technology) to ensure that a recipient of peer-to-peer file trading software is not a juvenile, including efforts such as accepting and verifying a credit card number in connection with a distribution of peer-to-peer file trading software; and (7) the term ``person'' means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity. SEC. 4. REGULATION OF JUVENILE ACCESS TO PEER-TO-PEER NETWORKS. (a) Acts Prohibited.--It is unlawful for any person to distribute peer-to-peer file trading software, or to authorize or cause peer-to- peer file trading software to be distributed by another person, in interstate commerce in a manner that violates the regulations prescribed under subsection (b)(2). (b) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate regulations that-- (1) define the term ``peer-to-peer file trading software'' for purposes of this Act, with such definition to encompass computer software that enables the transmission of computer files or data over the Internet or any other public network of computers and that has as its primary function the capability to do all of the following-- (A) enable a computer on which such software is used to transmit files or data to another such computer; (B) enable the user of one such computer to request the transmission of files or data from another such computer; and (C) enable the user of one such computer to designate files or data available for transmission to another such computer, but which definition excludes, to the extent otherwise included, software products legitimately marketed and distributed primarily for the operation of business and home networks, the networks of Internet access providers, or the Internet itself; and (2) require any person who distributes, or authorizes or causes another person to distribute, peer-to-peer file trading software in interstate commerce to-- (A) provide clear and prominent notice to each recipient of peer-to-peer file trading software, before the peer-to-peer file trading software is provided to the recipient, that use thereof may expose the user to pornography, illegal activities, and security and privacy threats; (B) check for the do-not-install beacon described in subsection (c)(1) and not transmit peer-to-peer file trading software to any computer with such beacon; (C) obtain verification of majority, or if a recipient is a juvenile obtain verifiable parental consent, before the peer-to-peer file trading software is provided to the recipient; (D) ask whether or not each juvenile recipient of peer-to-peer file trading software is a child under the age of 13; (E) comply with the provisions of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) as to all information collected from children in connection with the distribution of peer-to-peer file trading software; (F) ensure that the peer-to-peer file trading software has the capability to be readily disabled or uninstalled by a user thereof, and prominent means to access clear information concerning the availability and use of that capability; (G) if the peer-to-peer file trading software has the capability of automatically causing a user's computer to function as a supernode or other focal point for the transmission of files or data, or information about the availability of files or data, among other computers on which such software is used, ensure that such software does not exercise that capability unless the user receives clear and prominent notice thereof and thereafter takes affirmative steps to enable that capability; (H) if the peer-to-peer file trading software has the capability of disabling or circumventing security or other protective software on, or features of, the user's computer or network, including a firewall, software that protects against viruses or other malicious code or a do-not-install beacon or other parental control, ensure that such peer-to-peer file trading software does not exercise that capability unless the user receives clear and prominent notice thereof and thereafter takes affirmative steps to enable that capability; (I) if such person does not reside in the United States, designate a resident agent for service of process in the United States, and file with the Commission such designation and the address of the office or usual place of residence of the agent; (J) maintain reasonable records of its compliance with the requirements set forth in this paragraph; and (K) establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information contained in such records. (c) Technological Measures.--The Commission shall-- (1) not later than 1 year after the date of the enactment of this Act, in consultation with the Under Secretary for Technology of the Department of Commerce, develop and make readily available to the public functional requirements for standard ``do-not-install'' beacons that provide an effective technological means for parents to record on their computers their desire that users not install or use peer-to-peer file trading software on those computers; (2) make available to the public a list of do-not-install beacon products that have been certified by their producers as conforming to such functional requirements; and (3) if in any study required by section 6, it appears to the Commission that any commonly-used peer-to-peer file trading software does not have the capability required by subsection (b)(2)(F), promptly make readily available to the public information necessary to enable parents to disable or uninstall such software on their computers, and if necessary to allow parents to do so readily, develop and make available technological means for parents to disable or uninstall such software on their computers. (d) Enforcement.--A violation of the regulations prescribed under subsection (b)(2) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). In the case of any action arising under this Act against a person that does not reside in the United States and has distributed peer-to-peer file trading software, or authorized or caused peer-to- peer file trading software to be distributed by another person, in interstate commerce without designating an agent as required by subsection (b)(2)(I), service of process may be made by filing the same in the office of the Commission. SEC. 5. ACTIONS BY THE COMMISSION. (a) In General.--The Commission shall enforce this Act, and the regulations promulgated pursuant to this Act, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any entity that violates such regulations shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (b) Effect on Other Laws.--Nothing contained in this Act shall be construed to limit the authority of the Commission under any other provisions of law. SEC. 6. ACTIONS BY STATES. (a) In General.-- (1) Civil actions.--In any case in which the attorney general or other appropriate authority of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates the regulations of the Commission prescribed under section 3(b)(2), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with the regulations; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice.-- (A) In general.--Before filing an action under paragraph (1), the attorney general or other authority of the State involved shall provide to the Commission-- (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption.-- (i) In general.--Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general or other authority of a State under this subsection, if the attorney general or other authority determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action. (ii) Notification.--In an action described in clause (i), the attorney general or other authority of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general or other authority files the action. (b) Intervention.-- (1) In general.--On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) Effect of intervention.--If the Commission intervenes in an action under subsection (a), it shall have the right-- (A) to be heard with respect to any matter that arises in that action; and (B) to file a petition for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this Act shall be construed to prevent an attorney general or other authority of a State from exercising the powers conferred on the attorney general or other authority by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by the Commission.--In any case in which an action is instituted by or on behalf of the Commission for violation of any of the regulations of the Commission prescribed under section 3(b)(2), no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of that regulation. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. SEC. 7. STUDY. The Commission shall conduct an annual study concerning peer-to- peer file trading software, including the availability of child pornography and other pornographic images and videos using such software, security and privacy threats posed by such software, use of such software by juveniles, the ability of parents to control access to and use of such software by juveniles, the degree of compliance with and the effectiveness of this Act, and any legislative recommendations that may be warranted. The Commission shall submit a report to the Congress setting forth the results of each such study. The Under Secretary for Technology of the Department of Commerce shall provide to the Commission such staff and resources as necessary for the Commission to perform its duty efficiently and in accordance with this section. SEC. 8. EFFECTIVE DATE. Sections 4(a), 5, and 6 of this Act take effect on the date that is 18 months after the date of enactment of this Act.

Protecting Children from Peer-to-Peer Pornography Act of 2003 - Makes it unlawful for any person to distribute peer-to-peer file trading software, or to authorize or cause such software to be distributed by another person, in interstate commerce in a manner that violates regulations promulgated by the Federal Trade Commission (FTC) under this Act. Requires inclusion in such regulations of: (1) an appropriate definition of such software; and (2) requirements that any person who distributes such software provide notice that its use may expose the user to pornography, illegal activities, and computer security and privacy threats. Requires the FTC to develop and make readily available to the public functional requirements for standard "do not install" beacons that allow parents to record on their computers their desire that users not install such software on their computers. Authorizes enforcement actions through the FTC or by States. Directs the FTC to conduct a study concerning such software, including the availability of child pornography using such software, security and privacy threats posed by such software, use of such software by juveniles, and the ability of parents to control access to and use of such software by juveniles.

To prohibit the distribution of peer-to-peer file trading software in interstate commerce.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Education and Counseling Assistance Act of 2007''. SEC. 2. FINANCIAL EDUCATION AND COUNSELING. (a) Demonstration Program.--Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) is amended by adding at the end the following: ``(g) Financial Education and Counseling.-- ``(1) Purposes.--The purposes of this subsection are to-- ``(A) increase financial education and counseling services available to homeowners and prospective homebuyers; ``(B) assist homeowners and prospective homebuyers to develop monthly budgets, build personal savings, finance or plan for major purchases, reduce their debt, improve their financial stability, and set and reach their financial goals; ``(C) help homeowners and prospective homebuyers understand their credit histories and its relationship to their credit score, so as to improve their credit score; ``(D) educate homeowners and prospective homebuyers about the options available to build savings or plan for retirement; and ``(E) provide financial education and counseling for homeowners and prospective homebuyers seeking to understand or improve their credit, savings, bill payments, or other personal financial needs. ``(2) Authority.--The Secretary of Housing and Urban Development shall carry out a grant program to assist eligible organizations to provide financial education and counseling services to homeowners and prospective homebuyers. ``(3) Grants.-- ``(A) In general.--The Secretary shall make grants to eligible organizations to enable such organization to provide a range of financial education and counseling services to homeowners and prospective homebuyers. ``(B) Selection.--The Secretary shall select organizations to receive assistance under this subsection based on their experience and ability to provide financial education and counseling services to homeowners and prospective homebuyers. ``(C) Preference.--The Secretary shall give preference to established community-based financial education and counseling organizations capable of providing in-person services. ``(4) Eligible organizations.--To be eligible to receive a grant under this subsection, an eligible organization shall be a-- ``(A) housing counseling agency certified by the Secretary under subsection (e); ``(B) nonprofit organization organized under section 501(c)(3) of the Internal Revenue Code; ``(C) State, local, or tribal government agency; or ``(D) community development financial institution (as defined in section 103(5) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5)) or a credit union. ``(5) Eligible uses.--A grant awarded to an eligible organization under this subsection shall be used to provide a range of financial education and counseling services, including-- ``(A) assisting in the expansion of mortgage and housing-related financial counseling services; ``(B) providing information on important financial topics to homeowners and prospective homebuyers; and ``(C) assisting homeowners and prospective homebuyers to-- ``(i) develop sustainable monthly budgets; ``(ii) understand their credit history and their credit scores, so as to improve their credit score; ``(iii) develop a plan to manage their bills, reduce their debt, and improve their savings; and ``(iv) set and reach their financial goals. ``(6) Counseling activities.-- ``(A) Regulations.--The Secretary shall develop and issue guidelines and regulations to carry out the financial education and counseling program established under this subsection. ``(B) Content of regulations.--The guidelines and regulations required under subparagraph (A) shall be modeled on the regulations issued by the Secretary pursuant to the housing counseling program under subsection (c) and shall require each eligible organization under this subsection to-- ``(i) conduct a preliminary interview with a homeowner or prospective homebuyer to determine the financial needs of such homeowner or renter; ``(ii) develop a financial plan tailored to meet the financial needs of such homeowner or prospective homebuyer; and ``(iii) help each such homeowner or prospective homebuyer achieve their financial goals. ``(7) Coordination with the financial literacy and education commission.--In developing the guidelines and regulations required under paragraph (6) and in carrying out the grant program established under this subsection, the Secretary shall seek advice from and work in coordination with the Financial Literacy and Education Commission established under section 513 of the Fair and Accurate Credit Transactions Act of 2003 (20 U.S.C. 9702) in order to avoid duplication and to utilize the resources and experience of the Commission. ``(8) Outreach.-- ``(A) To individuals.--The Secretary, in cooperation with eligible organizations, shall-- ``(i) carry out outreach efforts to ensure that homeowners and prospective homebuyers are aware of the financial education and counseling opportunities under this subsection; and ``(ii) make an special effort to serve individuals who-- ``(I) qualify for the earned income tax credit under section 32 of the Internal Revenue Code; ``(II) have a low credit score, damaged credit, or are without sufficient data to create a credit score; ``(III) are in danger of filing for bankruptcy; ``(IV) are subject to, or are in danger of, becoming subject to foreclosure proceedings; and ``(V) have low levels of personal saving, low net-worth, or high levels of debt. ``(B) To grantees.--The Secretary shall also make an effort to publish grant opportunities under this subsection to eligible organizations who may not typically seek out such Federal funding. ``(9) Study and report on effectiveness and impact.-- ``(A) In general.--Not later than 2 years after the date of enactment of the Financial Education and Counseling Assistance Act of 2007, the Inspector General of the Department of Housing and Urban Development shall conduct a study and report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the effectiveness and impact of the grant program established under this subsection. ``(B) Content of study.--The study required under subparagraph (A) shall include the following: ``(i) The effectiveness of the grant program established under this subsection in improving the financial situation of homeowners and prospective homebuyers served by the grant program. ``(ii) The impact of the financial education and counseling services provided under this subsection on reducing debt, building savings, and improving the overall financial well-being of homeowners and prospective homebuyers served by the grant program. ``(iii) An evaluation of the effectiveness and quality of the counselors providing financial education and counseling services under the grant program. ``(10) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection.''. (b) Certification of Financial Counselors.--Section 106(e)(1) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(e)(1)) is amended by striking ``(c), or (d),'' and inserting ``(c), (d), or (g)''.

Financial Education and Counseling Assistance Act of 2007 - Amends the Housing and Urban Development Act of 1968 to require the Secretary of Housing and Urban Development (HUD) to carry out a grant program to assist eligible organizations to provide financial education and counseling services to homeowners and prospective homebuyers. Requires the Secretary to give preference to established community-based financial education and counseling organizations capable of providing in-person services. Prohibits an organization from receiving such financial assistance unless its financial counselors are HUD-certified.

A bill to expand and improve housing counseling services by increasing financial education and counseling services available to homeowners and prospective homebuyers in financial turmoil or who seek credit or other personal financial assistance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel Industry American Heritage Area Act of 1995''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the industrial and cultural heritage of southwestern Pennsylvania, including the city of Pittsburgh, and the counties of Allegheny, Armstrong, Beaver, Fayette, Greene, Washington, and Westmoreland, related directly to steel and steel-related industries, is nationally significant; (2) these industries include steelmaking, iron making, aluminum, specialty metals, glass, coal mining, coke production, machining and foundries, transportation, and electrical industries; (3) the industrial and cultural heritage of the steel and related industries in this region includes the social history and living cultural traditions of the people of the region; (4) the labor movement of the region played a significant role in the development of the Nation, including the formation of many key unions such as the Congress of Industrial Organizations (CIO) and the United Steel Workers of America (USWA), and crucial struggles to improve wages and working conditions, such as the Rail Strike of 1877, the Homestead Strike of 1892, and the Great Steel Strike of 1919; (5) the Department of the Interior is responsible for protecting the Nation's cultural and historic resources, and there are significant examples of these resources, within this seven-county region to merit the involvement of the Federal Government to develop programs and projects, in cooperation with the Steel Industry Heritage Corporation, the Commonwealth of Pennsylvania, and other local and governmental bodies, to adequately conserve, protect, and interpret this heritage for future generations, while providing opportunities for education and revitalization; and (6) the Steel Industry Heritage Corporation would be an appropriate management entity for a Heritage Area established in the region. (b) Statement of Purpose.--The objectives of the Steel Industry American Heritage Area are-- (1) to foster a close working relationship with all levels of government, the private sector, and the local communities in the steel industry region of southwestern Pennsylvania and empower the communities to conserve their heritage while continuing to pursue economic opportunities; and (2) to conserve, interpret, and develop the historical, cultural, natural, and recreational resources related to the industrial and cultural heritage of the seven-county region of southwestern Pennsylvania. SEC. 3. STEEL INDUSTRY AMERICAN HERITAGE AREA. (a) Establishment.--There is hereby established a Steel Industry American Heritage Area (in this Act referred to as the ``Heritage Area''). (b) Boundaries.--The Heritage Area shall be comprised of the counties of Allegheny, Armstrong, Beaver, Fayette, Greene, Washington, and Westmoreland in Pennsylvania. (c) Management Entity.--The management entity for the Heritage Area shall be the Steel Industry Heritage Corporation. SEC. 4. COMPACT. To carry out the purposes of this Act, the Secretary of the Interior (in this Act referred to as the ``Secretary'') shall enter into a compact with the management entity. The compact shall include information relating to the objectives and management of the area, including the following: (1) A delineation of the boundaries of the proposed American Heritage Area. (2) A discussion of the goals and objectives of the proposed American Heritage Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the partners referred to in clause (iv). (3) An identification and description of the management entity that will administer the proposed American Heritage Area. (4) A list of the initial partners to be involved in developing and implementing the management plan referred to in paragraph (3) for the proposed American Heritage Area, and a statement of the financial commitment of the partners. (5) A description of the role of the State or States in which the proposed American Heritage Area is located. The compact shall be prepared with public participation. Actions called for in the compact shall be likely to be initiated within a reasonable time after designation of the proposed American Heritage Area and shall ensure effective implementation of the State and local aspects of the compact. SEC. 5. MANAGEMENT PLAN. The management entity shall develop a management plan for the Heritage Area that presents comprehensive recommendations for the Heritage Area's conservation, funding, management and development. Such plan shall take into consideration existing State, county, and local plans and involve residents, public agencies, and private organizations working in the Heritage Area. It shall include actions to be undertaken by units of government and private organizations to protect the resources of the Heritage Area. It shall specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area. Such plan shall include specifically as appropriate the following: (1) 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 its natural, cultural, historic, recreational, or scenic significance. (2) A recommendation of policies for resource management which consider and detail application of appropriate land and water management techniques, including but not limited to, the development of intergovernmental cooperative agreements to protect the Heritage Area's historical, cultural, recreational, and natural resources in a manner consistent with supporting appropriate and compatible economic viability. (3) A program for implementation of the management plan by the management entity, including plans for restoration and construction, and specific commitments of the identified partners for the first 5 years of operation. (4) An analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of the Act. (5) An interpretation plan for the Heritage Area. SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Authorities of the Management Entity.--The management entity may, for purposes of preparing and implementing the management plan under section 5, use Federal funds made available through this Act-- (1) to make loans and grants to, and enter into cooperative agreements with, States and their political subdivisions, private organizations, or any person; and (2) to hire and compensate staff. (b) Duties of the Management Entity.--The management entity shall-- (1) develop and submit to the Secretary for approval a management plan as described in section 5 within 3 years after the date of the 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 preserving the Heritage Area; (B) assist units of government, regional planning organizations, and nonprofit organizations in establishing, and maintaining interpretive exhibits in the Heritage Area; (C) assist units of government, regional planning organizations, and nonprofit organizations in developing recreational resources in the Heritage Area; (D) assist units of government, regional planning organizations, and nonprofit organizations in increasing public awareness of and appreciation for the natural, historical and architectural resources and sites in the Heritage Area; (E) assist units of government, regional planning organizations and nonprofit organizations in the restoration of any historic building relating to the themes of the Heritage Area; (F) encourage by appropriate means economic viability in the Heritage Area consistent with the goals of the plan; (G) encourage local governments to adopt land use policies consistent with the management of the Heritage Area and the goals of the plan; and (H) assist units of government, regional planning organizations 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 at least 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 the Secretary's approval; (6) for any year in which Federal funds have been received under this Act, submit an annual report to the Secretary setting forth its accomplishments, its expenses and income, 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 such 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 such funds. If a management plan is not submitted to the Secretary as required under paragraph (1) within the specified time, the Heritage Area shall no longer qualify for Federal funding. (c) Prohibition on the Acquisition of Real Property.--The management entity may not use Federal funds received under this Act to acquire real property or an interest in real property. Nothing in this Act shall preclude any management entity from using Federal funds from other sources for their permitted purposes. (d) Eligibility for Receiving Financial Assistance.-- (1) Eligibility.--The management entity shall be eligible to receive funds appropriated through this Act for a period of 13 years after the day on which the compact under section 4 is signed by the Secretary and the management entity, except as provided in paragraph (2). (2) Exception.--The management entity's eligibility for funding under this Act may be extended for a period of not more than 5 additional years, if-- (A) the management entity determine such extension is necessary in order to carry out the purposes of this Act and notify the Secretary not later than 180 days prior to the termination date; (B) the management entity, not later than 180 days prior to the termination date, present to the Secretary a plan of their activities for the period of the extension, including provisions for becoming independent of the funds made available through this Act; and (C) the Secretary, with the advice of the Governor of Pennsylvania approves such extension of funding. SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Duties and Authorities of the Secretary.-- (1) Technical and financial assistance.-- (A) In general.--The Secretary may, upon request of the management entity, provide technical and financial assistance to the Heritage Area to develop and implement the management plan. In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in-- (i) conserving the significant natural, historic, and cultural resources which support its themes; and (ii) providing educational, interpretive, and recreational opportunities consistent with its resources and associated values. (B) Spending for nonfederally owned property.--The Secretary may spend Federal funds directly on nonfederally owned property to further the purposes of this Act, especially in 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. The Historic American Building Survey/Historic American Engineering Record shall conduct those studies necessary to document the industrial, engineering, building, and architectural history of the region. (2) Approval and disapproval of compacts and management plans.-- (A) In general.--The Secretary, in consultation with the Governor of Pennsylvania shall approve or disapprove a compact or management plan submitted under this Act not later than 90 days after receiving such compact or management plan. (B) Action following disapproval.--If the Secretary disapproves a submitted compact or management plan, the Secretary shall advise the management entity in writing of the reasons therefor and shall make recommendations for revisions in the compact or plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted. (3) Approving amendments.--The Secretary shall review substantial amendments to the management plan for the Heritage Area. Funds appropriated pursuant to this Act may not be expended to implement the changes until the Secretary approves the amendments. (4) Promulgating regulations.--The Secretary shall promulgate such regulations as are necessary to carry out the purposes of this Act. (b) Duties of Federal Entities.--Any Federal entity conducting any activity directly affecting the Heritage Area shall consider the potential effect of the activity on the management plan for the area and shall consult with the Governor of Pennsylvania with respect to the activity to minimize the adverse effects of the activity on the area. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Steel Industry American Heritage Area Act of 1995 - Establishes a Steel Industry American Heritage Area in Pennsylvania. Designates the Steel Industry Heritage Corporation as the Area's management entity. Requires: (1) the Secretary of the Interior, for purposes of carrying out this Act, to enter into a compact with the Corporation; and (2) the Corporation to develop and submit to the Secretary for approval a management plan for the Area that presents comprehensive recommendations for the Area's conservation, funding, management, and development. Authorizes the Corporation, for purposes of preparing and implementing the management plan, to use Federal funds made available through this Act to: (1) make loans and grants to, and enter into cooperative agreements with, States and political subdivisions, private organizations, or any person; and (2) hire and compensate staff. Prohibits the Corporation from using Federal funds received under this Act to acquire real property or an interest in real property. Allows such entity to use Federal funds from other sources for their permitted purposes. Makes the Corporation eligible to receive funds appropriated through this Act for a 13-year period after the day on which the compact is signed by the Secretary and the Corporation. Allows such period to be extended for up to five additional years under specified conditions. Authorizes the Secretary to: (1) upon request of the Corporation, provide technical and financial assistance to the Area to develop and implement the management plan; and (2) spend Federal funds directly on nonfederally owned property to further the purposes of this Act, especially in 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. Requires the Historic American Building Survey-Historic American Engineering Record to conduct those studies necessary to document the industrial, engineering, building, and architectural history of the region. Authorizes appropriations.

Steel Industry American Heritage Area Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farms for the Future Act Amendments of 1995''. SEC. 2. PURPOSE AND FINDINGS. (a) Purpose.--It is the purpose of this Act to provide agricultural producers in the United States, in cooperation with States and local governments, financially competitive options for maintaining prime, unique, and other strategic farmland in agricultural production. (b) Findings.--Congress finds the following: (1) Prime, unique, and other farmland that has strategic importance because of its exceptional agricultural, economic, or environmental contribution to society is being converted to nonagricultural uses because agricultural producers and other owners of such lands lack financially competitive options for retaining it in agricultural production. (2) States and local governments have been unable to provide sufficient incentives to landowners to maintain prime, unique, and other strategic farmland in agricultural production. (3) Federal assistance is needed to achieve the national interest in protecting prime, unique, and other strategic farmlands. SEC. 3. FEDERAL COST SHARING FOR ACQUISITION OF FARMLAND PROTECTION EASEMENTS. The Farms for the Future Act of 1990 (chapter 2 of subtitle E of title XIV of Public Law 101-624; 7 U.S.C. 4201 note) is amended by adding at the end the following new section: ``SEC. 1470C. FEDERAL COST SHARING FOR ACQUISITION OF FARMLAND PROTECTION EASEMENTS. ``(a) Definitions.--For purposes of this section: ``(1) Qualifying farmland.--The term `qualifying farmland' means land used for agricultural production that is determined by a eligible State or a local governmental agency of an eligible State to be-- ``(A) of particular importance to the State or locality because of its agricultural, economic, or environmental characteristics; and ``(B) at risk of conversion to uses incompatible with agricultural production. ``(2) Farmland protection easement.--The term `farmland protection easement' means an easement that, with respect to a parcel of land-- ``(A) prohibits or severely limits the uses of the land that are incompatible with continued agricultural production; and ``(B) runs with the land and binds all future landowners. ``(3) Eligible state.--The term `eligible State' means a State that has a program, approved by the Secretary, to acquire farmland protection easements. ``(b) Farmland Protection Easement Cost-Sharing.--In lieu of the authorities provided elsewhere in this chapter to assist eligible States to retain qualifying farmland in agricultural use, the Secretary may carry out a matching grant program under this section. ``(c) Farms for the Future Matching Grants.--The Secretary may make matching grants to an eligible State (and local governments approved by the State) to be used for the purpose of acquiring farmland protection easements to protect qualifying farmland from uses inconsistent with continued agricultural production or for the development or improvement of similar programs with this purpose. ``(d) Matching Requirements.--Matching grants under subsection (c) shall be made on a 50-50 matching basis, except that the Secretary may make matching grants for up to 90 percent of the cost of acquiring farmland protection easements by an eligible State (and local governments approved by the State) that is actively developing or carrying out programs to protect farmland from uses inconsistent with continued agricultural production. ``(e) Limitation on Total Amount of Grants.--An eligible State may not receive more than 10 percent of the total amount made available for matching grants under subsection (c) for a fiscal year. However, if fewer than 10 eligible States participate, the share provided to a State may be equal to its pro rata share of the total matching funds all States make available. ``(f) Conditions on Assistance.--In providing assistance under this section, the Secretary shall ensure that-- ``(1) funds provided under this section are used by an eligible State to protect qualifying farmland, with priority given to those lands of greatest importance to the State's agriculture industry; and ``(2) on average the purchase price of farmland protection easements acquired using such funds do not exceed fair market value. ``(g) Authorization of Appropriations.-- There is authorized to be appropriated such sums as may be necessary to carry out this section for each fiscal year.''.

Farms for the Future Act Amendments of 1995 - Amends the Farms for the Future Act of 1990 to authorize the Secretary of Agriculture to provide States with matching grants for farmland protection easements to retain qualifying farmland in agricultural use. Authorizes appropriations.

Farms for the Future Act Amendments of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``John Marshall Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) John Marshall served as the Chief Justice of the United States Supreme Court from 1801 to 1835, the longest tenure of any Chief Justice in the Nation's history. (2) John Marshall authored more than 500 opinions, including virtually all of the most important cases decided by the Supreme Court during his tenure. (3) Under his leadership, the Supreme Court of the United States gave shape to the fundamental principles of the Constitution, most notably the principle of judicial review. (4) John Marshall's service to the United States--not only as a Chief Justice, but also as a soldier in the Revolutionary War, as a Member of Congress, and as Secretary of State--truly makes him one of the most important figures in our Nation's history. SEC. 3. COIN SPECIFICATIONS. (a) Denomination.--In commemoration of the 250th anniversary of the birth of Chief Justice John Marshall, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 400,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of Chief Justice John Marshall and his immeasurable contributions to the Constitution of the United States and the Supreme Court of the United States. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2005''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts, and the Supreme Court Historical Society; and (2) reviewed by the Citizens Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2005. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2005. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing.--The Secretary, in cooperation with the Legacy Fund of the Library of Congress, shall develop and implement a marketing program to promote and sell the coins issued under this Act both within the United States and internationally. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Supreme Court Historical Society for the purposes of-- (1) supporting historical research and educational programs about the Supreme Court and the Constitution of the United States and related topics; (2) supporting fellowship programs, internships, and docents at the Supreme Court; and (3) collecting and preserving antiques, artifacts, and other historical items related to the Supreme Court and the Constitution of the United States and related topics. (c) Audits.--The Supreme Court Historical Society shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Society under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

John Marshall Commemorative Coin Act - Directs the Secretary of the Treasury: (1) to mint and issue not more than 400,000 silver one-dollar coins emblematic of Chief Justice John Marshall and his contributions to the United States in commemoration of the 250th anniversary of his birth; and (2) in cooperation with the Legacy Fund of the Library of Congress, to develop and implement a marketing program to promote and sell the coins. Directs that all sales of coins minted under this Act include a ten-dollar per coin surcharge, to be paid by the Secretary to the Supreme Court Historical Society for purposes of: (1) supporting historical research and educational programs about the Supreme Court, the Constitution, and related topics; (2) supporting fellowship programs, internships, and docents at the Supreme Court; and (3) collecting and preserving related antiques, artifacts, and other historical items. Prohibits any surcharge from being included with respect to the issuance under this Act of any coin if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued to exceed the annual two commemorative coin program issuance limitation.

To require the Secretary of the Treasury to mint coins in commemoration of Chief Justice John Marshall.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commute Less Act of 2017''. SEC. 2. METROPOLITAN TRANSPORTATION PLANNING. (a) Definitions.--Section 5303(b) of title 49, United States Code, is amended-- (1) by redesignating paragraph (7) as paragraph (9); (2) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; (3) by inserting before paragraph (2) (as so redesignated by paragraph (2) of this subsection) the following: ``(1) Employer-based commuter program.--The term `employer- based commuter program' means a program implemented by an employer that provides employees of that employer with alternatives to driving to and from work in a vehicle occupied by a single individual, including the following: ``(A) A carpool program. ``(B) A vanpool program. ``(C) A transit benefit program. ``(D) A parking cash-out program. ``(E) A shuttle program. ``(F) A telework program.''; and (4) by inserting before paragraph (9) (as so redesignated by paragraph (1) of this subsection) the following: ``(8) Transportation management organization.--The term `transportation management organization' means a local, regional, or statewide association of employers established for the purpose of providing employees of those employers with alternatives to driving to and from work in a vehicle occupied by a single individual.''. (b) Development of Transportation Plan.-- (1) Transportation plan.--Section 5303(i)(2) of title 49, United States Code, is amended by adding at the end the following: ``(I) Employer outreach activities and strategies.--Proposed activities and strategies to provide outreach to employers and transportation management organizations to facilitate the creation and expansion of employer-based commuter programs.''. (2) Participation by interested parties.--Section 5303(i)(6)(A) of title 49, United States Code, is amended-- (A) by striking ``, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program''; and (B) by inserting after ``the disabled,'' the following: ``representatives of employers, employer- based commuter programs, and transportation management organizations,''. (c) Metropolitan TIP.--Section 5303(j)(2)(A) of title 49, United States Code, is amended by striking the period at the end and inserting ``, including projects identified in a relevant commuter trip reduction plan developed under subsection (s).''. (d) Transportation Management Areas.--Section 5303(k)(3) of title 49, United States Code, is amended-- (1) in subparagraph (A) by striking ``operators, employer- based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program'' and inserting ``operations and employer-based commuter programs''; (2) by striking subparagraphs (C) and (D); and (3) by adding at the end the following: ``(C) Employer involvement.--A process for addressing congestion management under subparagraph (A) shall be developed in coordination with any relevant employer advisory council established under subsection (s) and shall include projects identified in the commuter trip reduction plan of that council.''. (e) Employer Advisory Councils and Information Clearinghouse.-- Section 5303 of title 49, United States Code, is amended by adding at the end the following: ``(s) Employer Advisory Councils.-- ``(1) In general.--Each metropolitan planning organization serving a transportation management area shall establish an employer advisory council that consists of representatives of employers in the area served by the metropolitan planning organization. ``(2) Membership.-- ``(A) In general.--An employer advisory council shall consist of not less than 7 representatives of employers and representatives of identified transportation management organizations in the area served by the relevant metropolitan planning organization. ``(B) Ensuring a diverse cross-section of employers.--In establishing an employer advisory council, a metropolitan planning organization, to the extent practicable, shall ensure that the membership of the council includes a diverse cross-section of employers from the area served by the organization. ``(3) Commuter trip reduction plan.--An employer advisory council established under paragraph (1) shall develop and maintain a commuter trip reduction plan that identifies-- ``(A) commuting patterns in the area served by the relevant metropolitan planning organization; ``(B) area goals for the reduction of vehicle miles traveled during peak commuting hours; ``(C) existing and proposed employer-based commuter programs in the area; ``(D) a series of projects and activities to facilitate achievement of the goals identified under subparagraph (B); and ``(E) a financing plan for the projects and activities identified under subparagraph (D). ``(t) Information Clearinghouse.--The Secretary is authorized to make a grant to a national nonprofit organization engaged in efforts relating to employer-based commuter programs or another entity to-- ``(1) establish and operate an information clearinghouse relating to employer investment in transportation and employer- based commuter programs; ``(2) develop an education program with respect to employer investment in transportation and employer-based commuter programs; and ``(3) provide technical assistance relating to employer- based commuter programs and disseminate techniques and strategies used by successful employer-based commuter programs.''. SEC. 3. CONGESTION MITIGATION DURING PROJECT CONSTRUCTION. Section 106 of title 23, United States Code, is amended by adding at the end the following: ``(k) Congestion Mitigation Plans.-- ``(1) Requirement.--A recipient of Federal financial assistance under this title for a project with an estimated total cost of $75,000,000 or more or that will reduce traffic flow (as defined by the Secretary) for more than 120 days shall prepare a congestion mitigation plan for such project that includes funding for projects to reduce vehicle miles traveled during peak commuting hours along the impacted corridor. ``(2) Coordination.--A recipient shall prepare a congestion mitigation plan under paragraph (1) in coordination with any relevant employer advisory council established under section 5303(s) of title 49. ``(3) Review by secretary.--A congestion mitigation plan prepared under paragraph (1) shall be made available to the Secretary for review upon the request of the Secretary.''. SEC. 4. EMPLOYER-BASED COMMUTER PROGRAMS ACTION PLAN. (a) In General.--The Secretary of Transportation shall develop and implement a plan to expand and promote employer-based commuter programs (as defined in section 5303(b) of title 49, United States Code). (b) Contents.--The plan developed under subsection (a) shall include plans-- (1) to amend existing regulations and guidance and, if necessary, develop new regulations and guidance to ensure that employer-based commuter programs are integrated, to the extent possible, into all appropriate Federal transportation programs; (2) to identify best practices with respect to employer- based commuter programs; (3) to research the effectiveness and efficiency of employer-based commuter programs; and (4) to create a national and regional peer exchange program to ensure that developments with respect to employer-based commuter programs are shared and issues are addressed. (c) Timing.--Not later than 180 days after the date of enactment of this Act, the Secretary shall finalize and begin implementation of the plan developed under subsection (a). (d) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Environment and Public Works of the Senate a report on the implementation and impact of the plan developed under subsection (a). SEC. 5. DISASTER PREPAREDNESS REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Environment and Public Works of the Senate a report with recommendations on how to better integrate employer-based commuter programs (as defined in section 5303(b) of title 49, United States Code) into emergency planning, preparedness, and response activities. (b) Coordination.--In preparing the report under subsection (a), the Secretary shall consult with-- (1) the Administrator of the Federal Emergency Management Agency; and (2) stakeholders, including national and regional organizations and experts that promote employer-based commuter programs.

Commute Less Act of 2017 (Sec. 2) This bill requires metropolitan planning organization (MPO) transportation plans to include, among other things, employer and transportation management organization outreach activities and strategies to help create and expand employer-based commuter programs. An "employer-based commuter program" means a program implemented by employers to provide their employees with alternatives to driving to and from work in a vehicle occupied by a single individual. The bill revises requirements regarding the interested parties that may comment on MPO transportation plans to include representatives of employers, employer-based commuter programs, and transportation management organizations. The bill requires each MPO to establish an employer advisory council consisting of representatives of employers in the transportation management area. Each council shall develop and maintain a commuter trip reduction plan that identifies area goals for the reduction of vehicle miles traveled during peak commuting hours. MPO transportation improvement programs shall include, among other things, a list of projects identified in a commuter trip reduction plan that help achieve such reduction goals. The Department of Transportation (DOT) is authorized to make a grant to a national nonprofit organization or other entity engaged in efforts relating to employer-based commuter programs to establish and operate an information clearinghouse for employer investment in transportation and employer-based commuter programs. (Sec. 3) Recipients of federal assistance for the construction of federal-aid highway projects costing $75 million or more, or that will reduce traffic flow for more than 120 days, shall prepare congestion mitigation plans that include funding for projects to reduce vehicle miles traveled during peak commuting hours along impacted corridors. (Sec. 4) DOT shall: develop and implement a plan to expand and promote employer-based commuter programs; and report to Congress recommendations on how to better integrate such programs into disaster emergency planning, preparedness, and response activities.

Commute Less Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Beneficiary Information Act of 1997''. SEC. 2. MEDICARE BENEFICIARY INFORMATION. (a) In General.--Section 1876(c)(3)(E) of the Social Security Act (42 U.S.C. 1395mm(c)(3)(E)) is amended to read as follows: ``(E)(i) Each eligible organization shall provide in any marketing materials distributed to individuals eligible to enroll under this section and to each enrollee at the time of enrollment and not less frequently than annually thereafter, an explanation of the individual's rights and responsibilities under this section and a copy of the most recent comparative report (as established by the Secretary under clause (ii)) for that organization. ``(ii)(I) The Secretary shall develop an understandable standardized comparative report on the plans offered by eligible organizations, that will assist beneficiaries under this title in their decisionmaking regarding medical care and treatment by allowing the beneficiaries to compare the organizations that the beneficiaries are eligible to enroll with. In developing such report the Secretary shall consult with outside organizations, including groups representing the elderly, eligible organizations under this section, providers of services, and physicians and other health care professionals, in order to assist the Secretary in developing the report. ``(II) The report described in subclause (I) shall include a comparison for each plan of-- ``(aa) the premium for the plan; ``(bb) the benefits offered by the plan, including any benefits that are additional to the benefits offered under parts A and B; ``(cc) the amount of any deductibles, coinsurance, or any monetary limits on benefits; ``(dd) the number of individuals who disenrolled from the plan within 3 months of enrollment and during the previous fiscal year, stated as percentages of the total number of individuals in the plan; ``(ee) the procedures used by the plan to control utilization of services and expenditures, including any financial incentives; ``(ff) the number of applications during the previous fiscal year requesting that the plan cover certain medical services that were denied by the plan (and the number of such denials that were subsequently reversed by the plan), stated as a percentage of the total number of applications during such period requesting that the plan cover such services; ``(gg) the number of times during the previous fiscal year (after an appeal was filed with the Secretary) that the Secretary upheld or reversed a denial of a request that the plan cover certain medical services; ``(hh) the restrictions (if any) on payment for services provided outside the plan's health care provider network; ``(ii) the process by which services may be obtained through the plan's health care provider network; ``(jj) coverage for out-of-area services; ``(kk) any exclusions in the types of health care providers participating in the plan's health care provider network; and ``(ll) any additional information that the Secretary determines would be helpful for beneficiaries to compare the organizations that the beneficiaries are eligible to enroll with. ``(III) The comparative report shall also include-- ``(aa) a comparison of each plan to the fee-for-service program under parts A and B; and ``(bb) an explanation of medicare supplemental policies under section 1882 and how to obtain specific information regarding such policies. ``(IV) The Secretary shall, not less than annually, update each comparative report. ``(iii) Each eligible organization shall disclose to the Secretary, as requested by the Secretary, the information necessary to complete the comparative report. ``(iv) In this subparagraph-- ``(I) the term `health care provider' means anyone licensed under State law to provide health care services under part A or B; ``(II) the term `network' means, with respect to an eligible organization, the health care providers who have entered into a contract or agreement with the organization under which such providers are obligated to provide items, treatment, and services under this section to individuals enrolled with the organization under this section; and ``(III) the term `out-of-network' means services provided by health care providers who have not entered into a contract agreement with the organization under which such providers are obligated to provide items, treatment, and services under this section to individuals enrolled with the organization under this section.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to contracts entered into or renewed under section 1876 of the Social Security Act (42 U.S.C. 1395mm) after the expiration of the 1- year period that begins on the date of enactment of this Act. SEC. 3. APPLICATION OF ADDITIONAL INFORMATION TO MEDICARE SELECT POLICIES. (a) In General.--Section 1882(t) of the Social Security Act (42 U.S.C. 1395ss(t)) is amended-- (1) in paragraph (1)-- (A) by striking ``and'' at the end of subparagraph (E); (B) by striking the period at the end of subparagraph (F) and inserting a semicolon; and (C) by adding at the end the following: ``(G) notwithstanding any other provision of this section to the contrary, the issuer of the policy meets the requirements of section 1876(c)(3)(E)(i) with respect to individuals enrolled under the policy, in the same manner such requirements apply with respect to an eligible organization under such section with respect to individuals enrolled with the organization under such section; and ``(H) the issuer of the policy discloses to the Secretary, as requested by the Secretary, the information necessary to complete the report described in paragraph (4).''; and (2) by adding at the end the following: ``(4) The Secretary shall develop an understandable standardized comparative report on the policies offered by entities pursuant to this subsection. Such report shall contain information similar to the information contained in the report developed by the Secretary pursuant to section 1876(a)(3)(E)(ii).''. (b) Effective Date.--The amendments made by subsection (a) shall apply to policies issued or renewed on or after the expiration of the 1-year period that begins on the date of enactment of this Act. SEC. 4. NATIONAL INFORMATION CLEARINGHOUSE. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Secretary shall establish and operate, out of funds otherwise appropriated to the Secretary, a clearinghouse and (if the Secretary determines it to be appropriate) a 24-hour toll-free telephone hotline, to provide for the dissemination of the comparative reports created pursuant to section 1876(c)(3)(E)(ii) of the Social Security Act (42 U.S.C. 1395mm(c)(3)(E)(ii)) (as amended by section 2 of this Act) and section 1882(t)(4) of the Social Security Act (42 U.S.C. 1395ss(t)(4)) (as added by section 3 of this Act). In order to assist in the dissemination of the comparative reports, the Secretary may also utilize medicare offices open to the general public, the beneficiary assistance program established under section 4359 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1395b-3), and the health insurance information counseling and assistance grants under section 4359 of that Act (42 U.S.C. 1395b-4).

Medicare Beneficiary Information Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise requirements that eligible organizations provide enrollees with an explanation of their rights. Requires inclusion in such explanation of a copy of the most recent report comparing the organizations that Medicare beneficiaries are eligible to enroll with. Directs the Secretary of Health and Human Services to establish such comparative reports according to prescribed criteria in an understandable standardized format. Applies the same new requirements to Medicare select policies. Directs the Secretary to establish a clearinghouse and, if appropriate, a toll-free telephone hotline to provide for dissemination of such comparative reports.

Medicare Beneficiary Information Act of 1997

TITLE I--VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS PRESERVATION SEC. 101. SHORT TITLE. This title may be cited as the ``Vicksburg Campaign Trail Battlefields Preservation Act of 1999''. SEC. 102. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) there are situated along the Vicksburg Campaign Trail in the States of Mississippi, Louisiana, Arkansas, and Tennessee the sites of several key Civil War battles; (2) the battlefields along the Vicksburg Campaign Trail are collectively of national significance in the history of the Civil War; and (3) the preservation of those battlefields would vitally contribute to the understanding of the heritage of the United States. (b) Purpose.--The purpose of this title is to authorize a feasibility study to determine what measures should be taken to preserve certain Civil War battlefields along the Vicksburg Campaign Trail. SEC. 103. DEFINITIONS. In this title: (1) Campaign trail state.--The term ``Campaign Trail State'' means each of the States of Mississippi, Louisiana, Arkansas, and Tennessee, including political subdivisions of those States. (2) Civil war battlefields.-- (A) In general.--The term ``Civil War battlefields'' means the land and interests in land that is the site of a Civil War battlefield, including structures on or adjacent to the land, as generally depicted on the Map. (B) Inclusions.--The term ``Civil War battlefields'' includes-- (i) the battlefields at Helena and Arkansas Post, Arkansas; (ii) Goodrich's Landing near Transylvania, and sites in and around Lake Providence, East Carroll Parish, Louisiana; (iii) the battlefield at Milliken's Bend, Madison Parish, Louisiana; (iv) the route of Grant's march through Louisiana from Milliken's Bend to Hard Times, Madison and Tensas Parishes, Louisiana; (v) the Winter Quarters at Tensas Parish, Louisiana; (vi) Grant's landing site at Bruinsburg, and the route of Grant's march from Bruinsburg to Vicksburg, Claiborne, Hinds, and Warren Counties, Mississippi; (vii) the battlefield at Port Gibson (including Shaifer House, Bethel Church, and the ruins of Windsor), Claiborne County, Mississippi; (viii) the battlefield at Grand Gulf, Claiborne County, Mississippi; (ix) the battlefield at Raymond (including Waverly, (the Peyton House)), Hinds County, Mississippi; (x) the battlefield at Jackson, Hinds County, Mississippi; (xi) the Union siege lines around Jackson, Hinds County, Mississippi; (xii) the battlefield at Champion Hill (including Coker House), Hinds County, Mississippi; (xiii) the battlefield at Big Black River Bridge, Hinds and Warren Counties, Mississippi; (xiv) the Union fortifications at Haynes Bluff, Confederate fortifications at Snyder's Bluff, and remnants of Federal exterior lines, Warren County, Mississippi; (xv) the battlefield at Chickasaw Bayou, Warren County, Mississippi; (xvi) Pemberton's Headquarters at Warren County, Mississippi; (xvii) the site of actions taken in the Mississippi Delta and Confederate fortifications near Grenada, Grenada County, Mississippi; (xviii) the site of the start of Greirson's Raid and other related sites, LaGrange, Tennessee; and (xix) any other sites considered appropriate by the Secretary. (3) Map.--The term ``Map'' means the map entitled ``Vicksburg Campaign Trail National Battlefields'', numbered ______, and dated ______. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 104. FEASIBILITY STUDY. (a) In General.--Not later than 1 year after the date that funds are made available to carry out this title, the Secretary shall complete a feasibility study to determine what measures should be taken to preserve Civil War battlefields. (b) Components.--In completing the study, the Secretary shall-- (1) enter into contracts with entities to use advanced technology such as remote sensing, river modeling, and flow analysis to determine which property included in the Civil War battlefields should be preserved, restored, managed, maintained, or acquired due to the national historical significance of the property; (2) evaluate options for the establishment of a management entity for the Civil War battlefields consisting of a unit of government or a private nonprofit organization that-- (A) administers and manages the Civil War battlefields; and (B) possesses the legal authority to-- (i) receive Federal funds and funds from other units of government or other organizations for use in managing the Civil War battlefields; (ii) disburse Federal funds to other units of government or other nonprofit organizations for use in managing the Civil War battlefields; (iii) enter into agreements with the Federal government, State governments, or other units of government and nonprofit organizations; and (iv) acquire land or interests in land by gift or devise, by purchase from a willing seller using donated or appropriated funds, or by donation; (3) make recommendations to the Campaign Trail States for the management, preservation, and interpretation of the natural, cultural, and historical resources of the Civil War battlefields; (4) identify appropriate partnerships among Federal, State, and local governments, regional entities, and the private sector, including nonprofit organizations and the organization known as ``Friends of the Vicksburg Campaign and Historic Trail'', in furtherance of the purposes of this title; and (5) recommend methods of ensuring continued local involvement and participation in the management, protection, and development of the Civil War battlefields. (c) Report.--Not later than 60 days after the date of completion of the study under this section, the Secretary shall submit a report describing the findings of the study to-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Resources of the House of Representatives. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this title $1,500,000. TITLE II--MISSISSIPPI CIVIL RIGHTS TRAIL STUDY SEC. 201. SHORT TITLE. This title may be cited as the ``Mississippi Civil Rights Trail Study Act of 1999''. SEC. 202. AUTHORIZATION OF STUDY. (a) In General.--Not later than 1 year after the date that funds are made available to carry out this title, the Secretary of the Interior (hereinafter in this title referred to as the ``Secretary'') shall complete a study identifying sites within the boundaries of the State of Mississippi that are significant to the modern civil rights movement for the purpose of historical interpretation and recognition. The study shall include an evaluation of the feasibility of establishing a Civil Rights Trail by linking the identified sites for interpretive purposes. (b) Criteria; Emphasis.--In conducting the study pursuant to subsection (a), the Secretary shall-- (1) use the criteria for the study of areas for potential inclusion in the National Park System contained in section 8 of Public Law 91-383 (commonly known as the National Park System General Authorities Act); and (2) place special emphasis on studying the sites on the Mississippi delta and within the Mississippi counties of Hindes, Lauderdale, Neshoba, Amite, Adams, Harrison, Jackson, Marshall, Lafayette, Clay, Lowndess, and Noxubee. SEC. 203. REPORT. Not later than 60 days after the date of completion of the study under this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report on the findings, conclusions, and recommendations of the study. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $2,000,000.

Title II: Mississippi Civil Rights Trail Study - Mississippi Civil Rights Trail Study Act of 1999 - Directs the Secretary to complete and report to specified congressional committees on a study identifying sites within Mississippi that are significant to the modern civil rights movement for purposes of historical interpretation and recognition. Authorizes appropriations.

Mississippi Civil Rights Trail Study Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydroelectric Licensing Process Improvement Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) hydroelectric power is an irreplaceable source of clean, economic, renewable energy with the unique capability of supporting reliable electric service while maintaining environmental quality; (2) hydroelectric power is the leading renewable energy resource of the United States; (3) hydroelectric power projects provide multiple benefits to the United States, including recreation, irrigation, flood control, water supply, and fish and wildlife benefits; (4) in the next 15 years, the bulk of all non-Federal hydroelectric power capacity in the United States is due to be relicensed by the Federal Energy Regulatory Commission; (5) the process of licensing hydroelectric projects by the Commission-- (A) does not produce optimal decisions, because the agencies that participate in the process are not required to consider the full effects of their mandatory and recommended conditions on a license; (B) is inefficient, in part because agencies do not always submit their mandatory and recommended conditions by a time certain; (C) is burdened by uncoordinated environmental reviews and duplicative permitting authority; and (D) is burdensome for all participants and too often results in litigation; and (6) while the alternative licensing procedures available to applicants for hydroelectric project licenses provide important opportunities for the collaborative resolution of many of the issues in hydroelectric project licensing, those procedures are not appropriate in every case and cannot substitute for statutory reforms of the hydroelectric licensing process. SEC. 3. PURPOSE. The purpose of this Act is to achieve the objective of relicensing hydroelectric power projects to maintain high environmental standards while preserving low cost power by-- (1) requiring agencies to consider the full effects of their mandatory and recommended conditions on a hydroelectric power license and to document the consideration of a broad range of factors; (2) requiring the Federal Energy Regulatory Commission to impose deadlines by which Federal agencies must submit proposed mandatory and recommended conditions to a license; and (3) making other improvements in the licensing process. SEC. 4. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. (a) In General.--Part I of the Federal Power Act (16 U.S.C. 791a et seq.) is amended by adding at the end the following: ``SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. ``(a) Definitions.--In this section: ``(1) Condition.--The term `condition' means-- ``(A) a condition to a license for a project on a Federal reservation determined by a consulting agency for the purpose of the first proviso of section 4(e); and ``(B) a prescription relating to the construction, maintenance, or operation of a fishway determined by a consulting agency for the purpose of the first sentence of section 18. ``(2) Consulting agency.--The term `consulting agency' means-- ``(A) in relation to a condition described in paragraph (1)(A), the Federal agency with responsibility for supervising the reservation; and ``(B) in relation to a condition described in paragraph (1)(B), the Secretary of the Interior or the Secretary of Commerce, as appropriate. ``(b) Factors To Be Considered.-- ``(1) In general.--In determining a condition, a consulting agency shall take into consideration-- ``(A) the impacts of the condition on-- ``(i) economic and power values; ``(ii) electric generation capacity and system reliability; ``(iii) air quality (including consideration of the impacts on greenhouse gas emissions); and ``(iv) drinking, flood control, irrigation, navigation, or recreation water supply; ``(B) compatibility with other conditions to be included in the license, including mandatory conditions of other agencies, when available; and ``(C) means to ensure that the condition addresses only direct project environmental impacts, and does so at the lowest project cost. ``(2) Documentation.-- ``(A) In general.--In the course of the consideration of factors under paragraph (1) and before any review under subsection (e), a consulting agency shall create written documentation detailing, among other pertinent matters, all proposals made, comments received, facts considered, and analyses made regarding each of those factors sufficient to demonstrate that each of the factors was given full consideration in determining the condition to be submitted to the Commission. ``(B) Submission to the commission.--A consulting agency shall include the documentation under subparagraph (A) in its submission of a condition to the Commission. ``(c) Scientific Review.-- ``(1) In general.--Each condition determined by a consulting agency shall be subjected to appropriately substantiated scientific review. ``(2) Data.--For the purpose of paragraph (1), a condition shall be considered to have been subjected to appropriately substantiated scientific review if the review-- ``(A) was based on current empirical data or field- tested data; and ``(B) was subjected to peer review. ``(d) Relationship to Impacts on Federal Reservation.--In the case of a condition for the purpose of the first proviso of section 4(e), each condition determined by a consulting agency shall be directly and reasonably related to the impacts of the project within the Federal reservation. ``(e) Administrative Review.-- ``(1) Opportunity for review.--Before submitting to the Commission a proposed condition, and at least 90 days before a license applicant is required to file a license application with the Commission, a consulting agency shall provide the proposed condition to the license applicant and offer the license applicant an opportunity to obtain expedited review before an administrative law judge or other independent reviewing body of-- ``(A) the reasonableness of the proposed condition in light of the effect that implementation of the condition will have on the energy and economic values of a project; and ``(B) compliance by the consulting agency with the requirements of this section, including the requirement to consider the factors described in subsection (b)(1). ``(2) Completion of review.-- ``(A) In general.--A review under paragraph (1) shall be completed not more than 180 days after the license applicant notifies the consulting agency of the request for review. ``(B) Failure to make timely completion of review.--If review of a proposed condition is not completed within the time specified by subparagraph (A), the Commission may treat a condition submitted by the consulting agency as a recommendation is treated under section 10(j). ``(3) Remand.--If the administrative law judge or reviewing body finds that a proposed condition is unreasonable or that the consulting agency failed to comply with any of the requirements of this section, the administrative law judge or reviewing body shall-- ``(A) render a decision that-- ``(i) explains the reasons for a finding that the condition is unreasonable and may make recommendations that the administrative law judge or reviewing body may have for the formulation of a condition that would not be found unreasonable; or ``(ii) explains the reasons for a finding that a requirement was not met and may describe any action that the consulting agency should take to meet the requirement; and ``(B) remand the matter to the consulting agency for further action. ``(4) Submission to the commission.--Following administrative review under this subsection, a consulting agency shall-- ``(A) take such action as is necessary to-- ``(i) withdraw the condition; ``(ii) formulate a condition that follows the recommendation of the administrative law judge or reviewing body; or ``(iii) otherwise comply with this section; and ``(B) include with its submission to the Commission of a proposed condition-- ``(i) the record on administrative review; and ``(ii) documentation of any action taken following administrative review. ``(f) Submission of Final Condition.-- ``(1) In general.--After an applicant files with the Commission an application for a license, the Commission shall set a date by which a consulting agency shall submit to the Commission a final condition. ``(2) Limitation.--Except as provided in paragraph (3), the date for submission of a final condition shall be not later than 1 year after the date on which the Commission gives the consulting agency notice that a license application is ready for environmental review. ``(3) Default.--If a consulting agency does not submit a final condition to a license by the date set under paragraph (1)-- ``(A) the consulting agency shall not thereafter have authority to recommend or establish a condition to the license; and ``(B) the Commission may, but shall not be required to, recommend or establish an appropriate condition to the license that-- ``(i) furthers the interest sought to be protected by the provision of law that authorizes the consulting agency to propose or establish a condition to the license; and ``(ii) conforms to the requirements of this Act. ``(4) Extension.--The Commission may make 1 extension, of not more than 30 days, of a deadline set under paragraph (1). ``(g) Analysis by the Commission.-- ``(1) Economic analysis.--The Commission shall conduct an economic analysis of each condition submitted by a consulting agency to determine whether the condition would render the project uneconomic. ``(2) Consistency with this section.--In exercising authority under section 10(j)(2), the Commission shall consider whether any recommendation submitted under section 10(j)(1) is consistent with the purposes and requirements of subsections (b) and (c) of this section. ``(h) Commission Determination on Effect of Conditions.--When requested by a license applicant in a request for rehearing, the Commission shall make a written determination on whether a condition submitted by a consulting agency-- ``(1) is in the public interest, as measured by the impact of the condition on the factors described in subsection (b)(1); ``(2) was subjected to scientific review in accordance with subsection (c); ``(3) relates to direct project impacts within the reservation, in the case of a condition for the first proviso of section 4(e); ``(4) is reasonable; ``(5) is supported by substantial evidence; and ``(6) is consistent with this Act and other terms and conditions to be included in the license.''. (b) Conforming and Technical Amendments.-- (1) Section 4.--Section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) is amended-- (A) in the first proviso of the first sentence by inserting after ``conditions'' the following: ``, determined in accordance with section 32,''; and (B) in the last sentence, by striking the period and inserting ``(including consideration of the impacts on greenhouse gas emissions)''. (2) Section 18.--Section 18 of the Federal Power Act (16 U.S.C. 811) is amended in the first sentence by striking ``prescribed by the Secretary of Commerce'' and inserting ``prescribed, in accordance with section 32, by the Secretary of the Interior or the Secretary of Commerce, as appropriate''. SEC. 5. COORDINATED ENVIRONMENTAL REVIEW PROCESS. Part I of the Federal Power Act (16 U.S.C. 791a et seq.) (as amended by section 3) is amended by adding at the end the following: ``SEC. 33. COORDINATED ENVIRONMENTAL REVIEW PROCESS. ``(a) Lead Agency Responsibility.--The Commission, as the lead agency for environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects licensed under this part, shall conduct a single consolidated environmental review-- ``(1) for each such project; or ``(2) if appropriate, for multiple projects located in the same area. ``(b) Consulting Agencies.--In connection with the formulation of a condition in accordance with section 32, a consulting agency shall not perform any environmnental review in addition to any environmental review performed by the Commission in connection with the action to which the condition relates. ``(c) Deadlines.-- ``(1) In general.--The Commission shall set a deadline for the submission of comments by Federal, State, and local government agencies in connection with the preparation of any environmental impact statement or environmental assessment required for a project. ``(2) Considerations.--In setting a deadline under paragraph (1), the Commission shall take into consideration-- ``(A) the need of the license applicant for a prompt and reasonable decision; ``(B) the resources of interested Federal, State, and local government agencies; and ``(C) applicable statutory requirements.''. SEC. 6. STUDY OF SMALL HYDROELECTRIC PROJECTS. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Federal Energy Regulatory Commission shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Commerce of the House of Representatives a study of the feasibility of establishing a separate licensing procedure for small hydroelectric projects. (b) Definition of Small Hydroelectric Project.--The Commission may by regulation define the term ``small hydroelectric project'' for the purpose of subsection (a), except that the term shall include at a minimum a hydroelectric project that has a generating capacity of 5 megawatts or less.

Prescribes implementation guidelines, including scientific and administrative review, and coordinated environmental review by the Federal Energy Regulatory Commission (FERC) as the designated lead agency. Directs FERC to submit a feasibility study to certain congressional committees congressional committees regarding the establishment of a special licensing procedure for small hydroelectric projects (projects with a generating capacity of five megawatts or less).

Hydroelectric Licensing Process Improvement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Lands Counterdrug Strategy and Enforcement Enhancement Act''. SEC. 2. FEDERAL LANDS COUNTERDRUG STRATEGY. (a) In General.--Not later than 120 days after the date of enactment of this Act, and every 2 years thereafter, the Director of National Drug Control Policy shall submit to the Congress a Federal Lands Counterdrug Strategy. (b) Purposes.--The Federal Lands Counterdrug Strategy shall-- (1) set forth the Government's strategy for preventing the illegal production, cultivation, manufacture, and trafficking of controlled substances on covered lands; (2) state the specific roles and responsibilities of the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, and the Bureau of Land Management, for implementing that strategy; and (3) identify the specific resources required to enable the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, and the Bureau of Land Management, to implement that strategy. (c) Specific Content Related to Marijuana Eradication.--The Federal Lands Counterdrug Strategy shall include-- (1) a strategy to reduce the cultivation and trafficking of marijuana on covered lands; and (2) an examination of how technology available when the Federal Lands Counterdrug Strategy is being prepared, including herbicides, can be used to reduce the cultivation and trafficking of marijuana on covered lands. (d) Specific Content Related to the Effect of Land-Management Laws on the Enforcement of Drug Laws.--The Federal Lands Counterdrug Strategy shall include an analysis of the effect of Federal laws related to the management of covered lands on the enforcement of the Controlled Substances Act (21 U.S.C. 801 et seq.) and on such other Federal laws related to the importation, manufacture, distribution, possession, or use of controlled substances as the Director considers appropriate. The analysis shall include an assessment of-- (1) whether such land-management laws hinder enforcement on covered lands of such laws related to controlled substances; (2) whether any hindrance of enforcement described in paragraph (1) results from restrictions under such land- management laws that-- (A) limit the use of tools or strategies, including motor vehicles, used by law enforcement personnel to enforce such laws related to controlled substances in areas that are not on covered lands; or (B) result in a lack of access to areas on covered lands that creates havens for the importation, manufacture, distribution, possession, or use of controlled substances; and (3) whether any additional authorities, including exceptions from or waiver authority with respect to such land- management laws, are needed to prevent the importation, manufacture, distribution, possession, or use of controlled substances on covered lands and to secure such lands from related criminal activity. (e) Consultation With Other Agencies.--The Director shall issue the Federal Lands Counterdrug Strategy in consultation with the heads of the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, the Bureau of Land Management, and any relevant State, local, and tribal law enforcement agencies. (f) Limitation.--The Federal Lands Counterdrug Strategy shall not change existing agency authorities or the laws governing interagency relationships, but may include recommendations about changes to such authorities or laws. (g) Report to Congress.--The Director shall provide a copy of the Federal Lands Counterdrug Strategy to the appropriate congressional committees (as defined in section 702(12) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(12))). (h) Treatment of Classified or Law Enforcement Sensitive Information.--Any content of the Federal Lands Counterdrug Strategy that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director or the head of any relevant National Drug Control Program agency, would be detrimental to the law enforcement or national security activities of any Federal, State, local, or tribal agency, shall be presented to Congress separately from the rest of the strategy. (i) Definitions.--In this section: (1) Controlled substance.--The term ``controlled substance'' has the meaning given such term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). (2) Covered lands.--The term ``covered lands'' means units of the National Park System, National Forest System lands, and public lands (as such term is defined in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e))). (3) National drug control program agency.--The term ``National Drug Control Program agency'' has the meaning given such term in section 702(7) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(7)). SEC. 3. ENHANCED PENALTIES FOR CERTAIN DRUG OFFENSES ON FEDERAL LANDS. (a) Cultivating or Manufacturing Controlled Substances on Federal Property.--Section 401(b)(5) of the Controlled Substances Act (21 U.S.C. 841(b)(5)) is amended by striking ``imprisoned as provided in'' and all that follows through the end of the paragraph and inserting ``fined not more than $500,000 if the defendant is an individual or $1,000,000 in any other case, or imprisoned not more than 10 years, or both. Imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.''. (b) Use of Hazardous Substances on Federal Land.--Section 401(b)(6) of such Act (21 U.S.C. 841(b)(6)) is amended-- (1) by striking ``five'' and inserting ``10''; and (2) by adding at the end the following: ``A sentence of imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.''. (c) Unauthorized Stream Diversion or Unauthorized Vegetation Removal on Federal Land.--Section 401(b) of such Act (21 U.S.C. 841(b)) is amended by adding at the end the following: ``(8) Whoever violates subsection (a) by manufacturing or cultivating a controlled substance on Federal land, and to facilitate or in the course of such violation knowingly-- ``(A) without authorization, diverts an aquifer, spring, stream, river, or body of water; or ``(B) without authorization, removes vegetation on Federal land; shall be fined under title 18, United States Code, or imprisoned not more than 10 years, or both. Imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.''. (d) Boobytraps on Federal Property.--Section 401(d) of such Act (21 U.S.C. 841(d)) is amended by adding at the end the following: ``(4) Imprisonment imposed under this subsection shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.''. (e) Use or Possession of Firearms in Connection With Drug Offenses on Federal Lands.--Section 924(c) of title 18, United States Code, is amended by adding at the end the following: ``(6) In imposing a sentence under this subsection, the court shall consider it as an aggravating factor warranting a longer sentence of imprisonment if the offense was a violation of the Controlled Substances Act or the Controlled Substances Import and Export Act and took place on Federal lands.''.

Federal Lands Counterdrug Strategy and Enforcement Enhancement Act - Requires the Director of National Drug Control Policy to develop and submit to Congress a Federal Lands Counterdrug Strategy. Sets forth specific Strategy requirements. Requires the separate presentation to Congress of any content of the Strategy that involves classified information or whose public disclosure would be detrimental to the law enforcement or national security activities of federal, state, or tribal agencies. Revises penalties for: (1) the cultivation or manufacture of controlled substances on federal property; (2) the use of hazardous substances on federal land; (3) placing a boobytrap on federal property where a controlled substance is being manufactured or distributed; and (4) the use or possession of a firearm in connection with a drug trafficking crime on federal land. Sets forth penalties for an unauthorized diversion of water or an unauthorized removal of vegetation on federal land in order to knowingly manufacture or cultivate a controlled substance.

To require the Director of National Drug Control Policy to develop a Federal Lands Counterdrug Strategy and to provide for enhanced penalties for certain drug offenses on Federal lands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Democracy to the U.S. Congress Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that, while the United States is endeavoring to bring democracy to countries such as Iraq and Afghanistan, recent events in the Congress have battered the pillars of our democratic system here at home within the world's greatest deliberative body. (b) Purpose.--The purpose of this Act is to stop this loss of democracy here at home and prevent further occurrences of recent injustices including-- (1) barring Members appointed to conference committees from attending meetings of those committees; (2) calling the Capitol Police to forcibly remove Members from legislative meetings; (3) extending the time limit on recorded votes from minutes to hours to alter the outcome; (4) attaching special-interest amendments to conference reports that have not been the subject of hearings or votes in either House or contained in the underlying legislation as passed either House; (5) redrawing congressional districts for partisan political gains in between censuses; (6) requiring Members to vote on legislation that has not been circulated or read; (7) allegedly offering a bribe on the House floor; (8) allegedly stealing confidential documents from a committee's computer server; and (9) spending committee funds to pay for mass mail communications to individual Members' districts. SEC. 3. TIME LIMIT ON ROLL CALL VOTES. The last sentence of clause 2(a) of rule XX of the House of Representatives is amended by inserting ``and, except by unanimous consent or mutual agreement of the majority and minority leaders, the maximum time shall be 17 minutes'' before the period at the end. SEC. 4. ACTUAL VOTING REQUIRED IN CONFERENCE COMMITTEE MEETINGS. Clause 8(a) of rule XXII of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph: ``(3) It shall not be in order to consider a conference report unless the senior manager from the majority party on the part of the House as so designated for that purpose by the majority leader and the senior manager from the minority party on the part of the House as so designated for that purpose by the minority leader include in the statement of managers accompanying such conference report a signed statement that all House managers have been afforded an opportunity at a meeting of the committee on conference to vote on all amendments and other propositions considered by that committee.''. SEC. 5. GERMANENESS REQUIREMENT FOR CONFERENCE REPORTS MAY NOT BE WAIVED. Clause 6(c) of rule XIII of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph: ``(3) a rule or order that would prevent a Member from making a point of order against nongermane matter in a conference agreement pursuant to clause 9 of rule XXII.''. SEC. 6. REMOVAL OF MEMBERS FROM COMMITTEE MEETINGS. Clause 3 of rule II of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: ``(g) The duty to forcibly remove a Member, Delegate, or Resident Commissioner from any committee meeting room shall reside exclusively with the Sergeant-at-Arms and such removal may only be executed at the request of any other such individual.''. SEC. 7. LIMIT ON REDISTRICTING AFTER AN APPORTIONMENT OF REPRESENTATIVES. The Act entitled ``An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting'', approved December 14, 1967 (2 U.S.C. 2c), is amended by adding at the end the following: ``A State that has been redistricted in the manner provided by the law thereof after an apportionment under section 22(a) of the Act entitled `An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress', approved June 18, 1929 (2 U.S.C. 2a), may not be so redistricted until after the next apportionment of Representatives under such section 22(a), unless the State is ordered by a Federal court to conduct such subsequent redistricting in order to comply with the Constitution of the United States or to enforce the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).''. SEC. 8. AVAILABILITY OF LEGISLATION ON THE INTERNET. Clause 6(c) of rule XIII of the Rules of the House of Representatives is amended by striking the period at the end of subparagraph (2) and inserting a semicolon and by adding at the end the following new subparagraph: ``(3) a rule or order eliminating the reading in full of any bill, resolution, conference report, or amendment unless such measure is available to all Members and made available to the general public by means of the Internet for at least 24 hours before its consideration.''. SEC. 9. BRIBERY PROHIBITED ON HOUSE FLOOR. The Congress hereby reiterates that the bribery of a Member of Congress on the floor of the House of Representatives or the Senate is a violation of section 201 (bribery of public officials and witnesses) of title 18, United States Code, and should be prosecuted whenever it occurs. SEC. 10. HACKING INTO OTHER MEMBERS' COMPUTER FILES PROHIBITED. Congress hereby reiterates that accessing a computer of a Member of Congress without authorization or exceeding authorized access is a violation of section 1030 (fraud and related activity in connection with computers) of title 18, United States Code, and should be prosecuted whenever it occurs. SEC. 11. CAP ON MAILING EXPENSES OF COMMITTEES. Rule X of the Rules of the House of Representatives is amended by adding at the end the following new clause: ``12. No Committee may expend more than $25,000 for mailing expenses during a session of Congress.''. SEC. 12. REQUIRING AT LEAST ONE-THIRD OF COMMITTEE BUDGET TO BE PROVIDED TO MINORITY. Rule X of the Rules of the House of Representatives, as amended by section 11, is further amended by adding at the end the following new clause: ``13. Of the total amounts provided to any Committee for its expenses (including expenses for staff) during a session of Congress, \1/3\ of such amount, or such greater percentage as may be agreed to by the chair and ranking minority member of the Committee, shall be expended at the direction of the ranking minority member.''. SEC. 13. EXERCISE OF RULEMAKING POWERS. The provisions of this Act are enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.

Restoring Democracy to the U.S. Congress Act of 2004 - Amends the Rules of the House of Representatives to address: (1) the time limit on roll call votes; (2) actual voting required in conference committee meetings; (3) waiver of the germaneness requirement for conference reports; (4) removal of Members from committee meetings; (5) a limit on redistricting after an apportionment of Representatives; (6) availability of legislation on the Internet; (7) bribery on the House floor; (8) hacking into other Members' computer files; (9) capping committee mailing expenses; and (10) a requirement that at least one-third of committee budget be provided to the minority ranking member.

To amend the Rules of the House of Representatives to prohibit behavior that threatens that institution, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Former Charleston Naval Base Land Exchange Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the parcels consisting of approximately 10.499 acres of land (including improvements) that are owned by the United States, located on the former U.S. Naval Base Complex in North Charleston, South Carolina, and included within the Charleston County Tax Assessor's Office Tax Map Number 400-00-00-004, and shown as New Parcel B in that certain plat of Forsberg Engineering and Surveying Inc., dated May 25, 2007, entitled in part ``Plat Showing the Subdivision of TMS 400-00-00-004 into Parcel B and Remaining Residual (Parcel A). (2) Non-federal land.--The term ``non-Federal land'' means the 3 parcels of land (including improvements) authorized to be conveyed to the United States under this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (4) State ports authority.--The term ``State Ports Authority'' means the South Carolina State Ports Authority, an agency of the State of South Carolina. SEC. 3. LAND EXCHANGE. (a) Land Exchange.-- (1) In general.--In exchange for the conveyance to the Secretary, by quitclaim deed, of all right, title, and interest of the State Ports Authority to the non-Federal land owned by the State Ports Authority, the Secretary is authorized to convey to the State Ports Authority, by quitclaim deed, all right, title, and interest of the United States in and to the Federal land. (2) Exchange.--If the State Ports Authority offers to convey to the Secretary all right, title, and interest of the State Ports Authority in and to the non-Federal parcels identified in subsection (b), the Secretary-- (A) is authorized to accept the offer; and (B) on acceptance of the offer, shall simultaneously convey to the State Ports Authority all right, title, and interest of the United States in and to approximately 10.499 acres of Federal land. (b) Non-Federal Land Described.--The non-Federal land (including improvements) to be conveyed under this section consists of-- (1) the approximately 18.736 acres of land that is owned by the State Ports Authority, located on S. Hobson Avenue, and currently depicted in the Charleston County Tax Assessor's Office as Tax Map Number 400-00-00-158, and as New I-48.55 Parcel B, containing 18.736 acres, on the plat recorded in the Charleston County RMC Office in Plat Book EL, at page 280; (2) the approximately 4.069 acres of land that is owned by the State Ports Authority, located on Thompson Avenue and the Cooper River, and currently depicted in the Charleston County Tax Assessor's Office as Tax Map Number 400-00-00-156, and as New II-121.44 Parcel C, containing 4.069 acres, on the plat recorded in the Charleston County RMC Office in Plat Book L09, at pages 0391-393; and (3) the approximately 2.568 acres of land that is owned by the State Ports Authority, located on Partridge Avenue, and currently depicted in the Charleston County Tax Assessor's Office as Tax Map Number 400-00-00-157, and as New II-121.44 Parcel B, containing 2.568 acres, on the plat recorded in the Charleston County RMC Office in Plat Book L09, at pages 0391- 0393. (c) Land Title.--Title to the non-Federal land conveyed to the Secretary under this section shall-- (1) be acceptable to the Secretary; and (2) conform to the title approval standards of the Attorney General of the United States applicable to land acquisitions by the Federal Government. SEC. 4. EXCHANGE TERMS AND CONDITIONS. (a) In General.--The conveyance of Federal land under section 3 shall be subject to-- (1) any valid existing rights; and (2) any additional terms and conditions that the Secretary determines to be appropriate to protect the interests of the United States. (b) Costs.--The costs of carrying out the exchange of land under section 3 shall be shared equally by the Secretary and the State Ports Authority. (c) Equal Value Exchange.--Notwithstanding the appraised value of the land exchanged under section 3, the values of the Federal and non- Federal land in the land exchange under section 3 shall be considered to be equal. SEC. 5. BOUNDARY ADJUSTMENT. On acceptance of title to the non-Federal land by the Secretary-- (1) the non-Federal land shall be added to and administered as part of the Federal Law Enforcement Training Center; and (2) the boundaries of the Federal Law Enforcement Training Center shall be adjusted to exclude the exchanged Federal land.

Former Charleston Naval Base Land Exchange Act of 2012 - Authorizes the Secretary of Homeland Security (DHS) to exchange specified parcels of land owned by the United States located on the former U.S. Naval Base Complex in North Charleston, South Carolina (federal land), for specified parcels owned by the South Carolina State Ports Authority (non-federal land). Requires, upon acceptance of title to the non-federal land by the Secretary: (1) the non-federal land to be added to and administered as part of the Federal Law Enforcement Training Center, and (2) the boundaries of the Center to be adjusted to exclude the exchanged federal land.

To provide for an exchange of land between the Department of Homeland Security and the South Carolina State Ports Authority.