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SECTION 1. CONVEYANCE OF PROPERTY TO THE TANANA TRIBAL COUNCIL. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall convey to the Tanana Tribal Council located in Tanana, Alaska (referred to in this section as the ``Council''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health and social services programs. (2) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Council. (3) Conditions.--The conveyance of the property under this section-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Council for the property; (ii) impose any obligation, term, or condition on the Council; or (iii) allow for any reversionary interest of the United States in the property. (b) Property Described.--The property, including all land, improvements, and appurtenances, described in this subsection is the property included in U.S. Survey No. 5958, Lot 12, in the village of Tanana, Alaska, within surveyed Township 4N, Range 22W, Fairbanks Meridian, Alaska, containing 11.25 acres. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Council shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) on or before the date on which the property is conveyed to the Council. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). SEC. 2. CONVEYANCE OF PROPERTY TO THE BRISTOL BAY AREA HEALTH CORPORATION. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary shall convey to the Bristol Bay Area Health Corporation located in Dillingham, Alaska (referred to in this section as the ``Corporation''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health and social services programs. (2) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Corporation. (3) Conditions.--The conveyance of the property under this section-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Corporation for the property; (ii) impose any obligation, term, or condition on the Corporation; or (iii) allow for any reversionary interest of the United States in the property. (b) Property Described.--The property, including all land, improvements, and appurtenances, described in this subsection is the property included in Dental Annex Subdivision, creating tract 1, a subdivision of Lot 2 of U.S. Survey No. 2013, located in Section 36, Township 13 South, Range 56 West, Seward Meridian, Bristol Bay Recording District, Dillingham, Alaska, according to Plat No. 2015-8, recorded on May 28, 2015, in the Bristol Bay Recording District, Dillingham, Alaska, containing 1.474 acres more or less. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Corporation shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) on or before the date on which the property is conveyed to the Corporation. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)).

This bill directs the Department of Health and Human Services (HHS) to convey to the Tanana Tribal Council in Tanana, Alaska, all interest of the United States in and to certain property (including all land, improvements, and appurtenances) containing 11.25 acres, in the village of Tanana for use in connection with health and social services programs. HHS shall convey to the Bristol Bay Area Health Corporation in Dillingham, Alaska, all interest of the United States in and to certain property included in the Dental Annex Subdivision (including all land, improvements, and appurtenances) containing 1.474 acres more or less, also for use in connection with health and social services programs. Neither the Tanana Tribal Council nor the Corporation shall be liable for soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of environmental contamination, including oil or petroleum products, or hazardous substances on any of the properties.

To provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, and to the Bristol Bay Area Health Corporation located in Dillingham, Alaska, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Citizen Debt Reduction Contribution Act''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Sense of the Congress. Sec. 3. Income tax refunds. Sec. 4. Donation of social security benefits for purposes of reducing the Federal deficit. Sec. 5. Donation of military retirement benefits for purposes of reducing the Federal deficit. Sec. 6. Donation of veterans' disability compensation for purposes of reducing the Federal deficit. Sec. 7. Budgetary treatment of savings resulting from this Act. SEC. 2. SENSE OF THE CONGRESS. It is the sense of the Congress that any budget savings resulting from this Act should be used solely to reduce net Government spending. Congress appreciates and respects the contributions made by citizens participating in the programs authorized by this Act, and shares their concerns at excessive Government spending. SEC. 3. INCOME TAX REFUNDS. (a) General Rule.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX OVERPAYMENTS TO BE USED TO REDUCE PUBLIC DEBT ``Sec. 6097. Designation of income tax overpayments. ``SEC. 6097. DESIGNATION OF INCOME TAX OVERPAYMENTS. ``(a) General Rule.--Every taxpayer who makes a return of the tax imposed by chapter 1 for any taxable year may designate that a specified portion (not less than $1) of any overpayment of tax for such taxable year shall be used to reduce the public debt of the United States. ``(b) Manner and Time of Designation.--Any designation under subsection (a) for any taxable year shall be made-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, and ``(2) in such manner as the Secretary may by regulation prescribe, except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Treatment of Amounts Designated.--For purposes of this title, the amount designated by any taxpayer under subsection (a)-- ``(1) shall be treated as being refunded to such taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and ``(2) shall be treated as a contribution made by such taxpayer on such date to the United States.'' (b) Transfer of Designated Amounts For Deficit Reduction.--The Secretary of the Treasury shall, from time to time, transfer to the special account described in section 3113(d) of title 31, United States Code, the amounts designated under section 6097 of the Internal Revenue Code of 1986 to be used to reduce the public debt of the United States. (c) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of income tax overpayments to be used to reduce public debt.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 4. DONATION OF SOCIAL SECURITY BENEFITS FOR PURPOSES OF REDUCING THE FEDERAL DEFICIT. Section 201(i) of the Social Security Act (42 U.S.C. 401(i)) is amended-- (1) in paragraph (1), by inserting ``(A)'' after ``(1)''; (2) in paragraph (2), by striking ``paragraph (1)'' and inserting ``subparagraph (A)'', and by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (3) by redesignating paragraph (2) as subparagraph (B); and (4) by adding at the end the following new paragraph: ``(2)(A) The Commissioner of Social Security shall establish a program under which recipients of monthly insurance benefits under this title may elect to have the Commissioner, in lieu of certification of payment of benefits to the recipient pursuant to section 205(i), certify to the Managing Trustee that all or a designated portion of such benefits be transferred to the general fund of the Treasury as a gift which the Managing Trustee is authorized, as Secretary of the Treasury, to accept as a gift under subsection (a)(1)(A) of section 3113 of title 31, United States Code (relating to accepting gifts for reducing the public debt). ``(B) Amounts to which an election under subparagraph (A) applies shall not be includible in gross income for purposes of the Internal Revenue Code of 1986. No deduction shall be allowed under such Code with respect to any amount which is not includible in gross income by reason of the preceding sentence.'' SEC. 5. DONATION OF MILITARY RETIREMENT BENEFITS FOR PURPOSES OF REDUCING THE FEDERAL DEFICIT. (a) In General.--Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1413. Donations for purposes of reducing the public debt ``(a) The Secretary concerned shall establish a program under which a member or former member of the armed forces under the jurisdiction of the Secretary who is entitled to receive retired or retainer pay may elect that all or a designated portion of such pay for any month be transferred to the general fund of the Treasury as a gift to reduce the public debt. Any such election may be revoked at any time. ``(b) For any month for which an election under subsection (a) is in effect, the Secretary concerned shall withhold from the retired or retainer pay of the person making the election the amount designated by that person in such election and shall transfer the amount so withheld to the Secretary of the Treasury. ``(c) The Secretary of the Treasury is authorized to accept any amount transferred to the Secretary under this section as a gift under subsection (a)(1)(A) of section 3113 of title 31 (relating to accepting gifts for reducing the public debt). ``(d) Amounts to which an election under subsection (a) applies shall not be includible in gross income for purposes of the Internal Revenue Code of 1986. No deduction shall be allowed under such Code with respect to any amount which is not includible in gross income by reason of the preceding sentence.'' (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1413. Donations for purposes of reducing the public debt.''. SEC. 6. DONATION OF VETERANS' DISABILITY COMPENSATION FOR PURPOSES OF REDUCING THE FEDERAL DEFICIT. (a) In General.--Chapter 53 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5320. Donations of compensation for purposes of reducing the public debt ``(a) The Secretary shall establish a program under which a veteran who is entitled to compensation may elect that all or a designated portion of such compensation for any month be transferred to the general fund of the Treasury as a gift to reduce the public debt. Any such election may be revoked at any time. ``(b) For any month for which an election under subsection (a) is in effect, the Secretary shall withhold from the compensation payable to the veteran making the election the amount designated by the veteran in such election and shall transfer the amount so withheld to the Secretary of the Treasury. ``(c) The Secretary of the Treasury is authorized to accept any amount transferred to the Secretary under this section as a gift under subsection (a)(1)(A) of section 3113 of title 31 (relating to accepting gifts for reducing the public debt). ``(d) Amounts to which an election under subsection (a) applies shall not be includible in gross income for purposes of the Internal Revenue Code of 1986. No deduction shall be allowed under such Code with respect to any amount which is not includible in gross income by reason of the preceding sentence.'' (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``5320. Donations of compensation for purposes of reducing the public debt.''. SEC. 7. BUDGETARY TREATMENT OF SAVINGS RESULTING FROM THIS ACT. Savings resulting from the enactment of this Act shall not be considered for purposes of estimates made for this Act under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Citizen Debt Reduction Contribution Act - Provides that individuals otherwise entitled to receive payments from the Federal Government may specify that a portion of those payments be used for deficit reduction. Expresses the sense of the Congress that any budget savings resulting from this Act should be used solely to reduce net Government spending. Amends the Internal Revenue Code to allow taxpayers to designate a specified portion (not less than $1) of their income tax overpayments to be used to reduce U.S. public debt. Amends the Social Security Act to direct the Commissioner of Social Security to establish a program to allow recipient donation, by way of designation for transfer to the general fund of the Treasury, of certain social security benefit payments to reduce the public debt. Amends Federal law relating to military personnel to provide for a program of allowing members or former members of the armed forces to donate designated portions of their military retirement benefits to reduce the public debt. Amends Federal law relating to veterans to provide for a program of allowing veterans to donate designated portions of their veterans' disability compensation to reduce the public debt. Provides that savings resulting from the enactment of this Act shall not be considered for purposes of estimates made for this Act under specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings).

Citizen Debt Reduction Contribution Act

SECTION 1. PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS INVOLVED IN FOREIGN AIR CARRIER ACCIDENTS. (a) In General.--Chapter 413 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41313. Plans to address needs of families of passengers involved in foreign air carrier accidents ``(a) Definitions.--In this section, the following definitions apply: ``(1) Aircraft accident.--The term `aircraft accident' means any aviation disaster, regardless of its cause or suspected cause, that occurs within the United States; and ``(2) Passenger.--The term `passenger' includes an employee of a foreign air carrier or air carrier aboard an aircraft. ``(b) Submission of Plans.--A foreign air carrier providing foreign air transportation under this chapter shall transmit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in a significant loss of life. ``(c) Contents of Plans.--To the extent permitted by foreign law which was in effect on the date of the enactment of this section, a plan submitted by a foreign air carrier under subsection (b) shall include the following: ``(1) Telephone number.--A plan for publicizing a reliable, toll-free telephone number and staff to take calls to such number from families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in a significant loss of life. ``(2) Notification of families.--A process for notifying, in person to the extent practicable, the families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in a significant loss of life before providing any public notice of the names of such passengers. Such notice shall be provided by using the services of-- ``(A) the organization designated for the accident under section 1136(a)(2); or ``(B) other suitably trained individuals. ``(3) Notice provided as soon as possible.--An assurance that the notice required by paragraph (2) shall be provided as soon as practicable after the foreign air carrier has verified the identity of a passenger on the foreign aircraft, whether or not the names of all of the passengers have been verified. ``(4) List of passengers.--An assurance that the foreign air carrier shall provide, immediately upon request, and update a list (based on the best available information at the time of the request) of the names of the passengers aboard the aircraft (whether or not such names have been verified), to-- ``(A) the director of family support services designated for the accident under section 1136(a)(1); and ``(B) the organization designated for the accident under section 1136(a)(2). ``(5) Consultation regarding disposition of remains and effects.--An assurance that the family of each passenger will be consulted about the disposition of any remains and personal effects of the passenger that are within the control of the foreign air carrier. ``(6) Return of possessions.--An assurance that, if requested by the family of a passenger, any possession (regardless of its condition) of that passenger that is within the control of the foreign air carrier will be returned to the family unless the possession is needed for the accident investigation or a criminal investigation. ``(7) Unclaimed possessions retained.--An assurance that any unclaimed possession of a passenger within the control of the foreign air carrier will be retained by the foreign air carrier for not less than 18 months after the date of the accident. ``(8) Monuments.--An assurance that the family of each passenger will be consulted about construction by the foreign air carrier of any monument to the passengers built in the United States, including any inscription on the monument. ``(9) Equal treatment of passengers.--An assurance that the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers. ``(10) Service and assistance to families of passen- gers.--An assurance that the foreign air carrier will work with any organization designated under section 1136(a)(2) on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following an accident. ``(11) Compensation to service organizations.--An assurance that the foreign air carrier will provide reasonable compensation to any organization designated under section 1136(a)(2) for services and assistance provided by the organization. ``(12) Travel and care expenses.--An assurance that the foreign air carrier will assist the family of any passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location. ``(13) Resources for plan.--An assurance that the foreign air carrier will commit sufficient resources to carry out the plan. ``(14) Substitute measures.--If a foreign air carrier does not wish to comply with paragraph (10), (11), or (12), a description of proposed adequate substitute measures for the requirements of each paragraph with which the foreign air carrier does not wish to comply. ``(d) Permit and Exemption Requirement.--The Secretary shall not approve an application for a permit under section 41302 unless the applicant has included as part of the application or request for exemption a plan that meets the requirements of subsection (c). ``(e) Limitation on Liability.--A foreign air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the foreign air carrier in preparing or providing a passenger list pursuant to a plan submitted by the foreign air carrier under subsection (c), unless the liability was caused by conduct of the foreign air carrier which was grossly negligent or which constituted intentional misconduct.''. (b) Conforming Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``41313. Plans to address needs of families of passengers involved in foreign air carrier accidents.''. (c) Effective Date.--The amendments made by this section shall take effect on the 180th day following the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends Federal transportation law to require foreign air carriers to transmit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for addressing the needs of families of passengers involved in aircraft accidents involving foreign air carriers and a significant loss of life. Requires such a plan to include: (1) publicizing a reliable, toll-free telephone number and staff to take calls from families of passengers involved in such an accident; (2) a process for notifying such families as soon as possible, and in person to the extent practicable, before providing any public notice of the passengers' names; (3) an assurance that each passenger's family will be consulted about the disposition of any remains and personal effects (including return to the family) within the foreign air carrier's control; (4) an assurance of retention by the foreign air carrier of unclaimed possessions for at least 18 months; and (5) an assurance of other specified services. Makes inclusion of such a plan in the application for a foreign air transportation permit, or request for exemption from the requirement of a permit, a condition for approval. Declares that a foreign air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the foreign air carrier's performance in preparing or providing a passenger list pursuant to such a plan, unless the liability was caused by any conduct of the carrier which was grossly negligent or which constituted intentional misconduct.

To amend title 49, United States Code, to require the National Transportation Safety Board and individual foreign air carriers to address the needs of families of passengers involved in aircraft accidents involving foreign air carriers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Foreign Affairs Review Act''. SEC. 2. QUADRENNIAL FOREIGN AFFAIRS REVIEW. (a) Findings.--Congress finds the following: (1) The Department of State, established in 1789, is responsible for representing the worldwide interests of the United States and for advancing the policies of the United States. (2) The Department operates over 250 posts in more than 180 countries throughout the world and has approximately 30,000 personnel. (3) There have been dramatic changes in the world in which the Department must function, including changes in technology, changes in religious, ethnic, and regional conflicts, and changes in economic, political, and military relationships. Moreover, the world has witnessed the spread of weapons of mass destruction and the spread of terrorism. Yet, there has been little change in the diplomatic strategy and structure of the Department or of its posts throughout the world. (4) The Department and all United States diplomatic efforts should be the subject of a quadrennial review to determine how the Department can best fulfill its mission and meet the challenges of a changing world. (b) Quadrennial Review.--Not later than September 30 of 2010 and every four years thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Senate a comprehensive examination of the diplomatic strategy and structure, foreign assistance programs, budget plans, personnel decisions, and public diplomacy plans of the Department of State and its related agencies to determine the foreign affairs strategy of the United States to best meet the challenges of a changing world, together with the response report required under subsection (c)(2). Such comprehensive examination shall be referred to as a ``quadrennial review''. (c) Involvement of National Foreign Affairs Panel.-- (1) Submission of review to panel.--Not later than July 30 of the year in which a quadrennial review is conducted, the Secretary of State shall submit to a National Foreign Affairs Panel (in this Act referred to as the ``Panel''), established in accordance with section 3, a copy of such quadrennial review. (2) Response report.--Not later than August 30 of the year in which a quadrennial review is submitted to a Panel under paragraph (1), such Panel shall submit to the Secretary a report responding to the findings, conclusions, and recommendations of such quadrennial review. (d) Contents of Quadrennial Review.--The quadrennial review shall include the following information: (1) A review of the current structures of the Department of State and its related agencies, including the organization, staffing, and operation of United States embassies and consulates abroad, to determine how best to efficiently and effectively represent the interests of the United States throughout the world and advance the policies of the United States. (2) A review of the level of cooperation and degree of integration of the Department of State with other Federal departments and agencies, including the Department of Defense, the Department of Homeland Security, the Department of the Treasury, the Department of Commerce, the Office of the United States Trade Representative, the Agency for International Development, the Drug Enforcement Agency, and the elements of the intelligence community. (3) Recommendations related to how best to meet the anticipated roles and missions of such departments and agencies in the future. (4) A review of the efforts of the Department of State with respect to public diplomacy and any recommendations for changes or modifications in public diplomacy initiatives or programs in order to improve performance. (5) An examination of the assumptions used in the quadrennial review by the Secretary, including assumptions relating to cooperation between the Department and other Federal departments and agencies, communication with allies, levels of risk, real-time situational awareness, and immediate communication within the Department. (6) An examination of the forward presence and pre- positioning necessary for the Department to engage in negotiation and conflict deterrence in response to anticipated threats and conflicts. (7) An examination of the process of how the Department develops scenarios that may require a Department response, and recommendations for improving this process to incorporate nontraditional threat planning scenarios and input from other Federal departments and agencies and nongovernmental organizations. SEC. 3. NATIONAL FOREIGN AFFAIRS PANEL. (a) Establishment.--Not later than December 1 of the year immediately preceding the year in which a quadrennial review is conducted, the Secretary of State shall establish a nonpartisan, independent panel to be known as a National Foreign Affairs Panel. (b) Membership.-- (1) In general.--A Panel shall be composed of a chairperson and eight other individuals appointed by the Secretary, in consultation with the chairman and ranking member of the Committee on Foreign Affairs of the House of Representatives and the chairman and ranking member of the Committee on Foreign Relations of the Senate, from among individuals in the private sector who are recognized experts in matters relating to the foreign affairs and diplomacy interests of the United States. (2) Quorum.--Five members of a Panel shall constitute a quorum. (c) Duties.--A Panel shall submit to the Secretary the response report required under section 2(c)(2). (d) Information From Federal Agencies.--A Panel may secure from the Department of State and its related agencies and from any other Federal department or agency such information as such Panel considers necessary to carry out its duties under this Act. The head of the department or agency concerned shall ensure that information requested by such Panel under this subsection is promptly provided to such Panel. (e) Personnel Matters.-- (1) Compensation of members.--Each member of a Panel 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 member is engaged in the performance of the duties of such Panel. (2) Travel expenses.--Members of a Panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for such Panel. (3) Executive director and staff.--Without regard to the civil service laws and regulations, the chairperson of a Panel may appoint and terminate an Executive Director and a staff of not more than four additional individuals, none of whom may be current employees of the Department of State or members of the Foreign Service, if such Panel determines that an executive director and staff are necessary in order for such Panel to perform its duties effectively. The employment of an Executive Director shall be subject to confirmation by a majority of members of such Panel. (4) Compensation of executive director.--The chairperson may fix the compensation of the Executive Director, if one is appointed pursuant to paragraph (3), without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (5) Detail of government employees.--An employee of the Federal Government may be detailed to a Panel without reimbursement, and such detail shall be without interruption or loss of civil or foreign service status or privilege with respect to such employee. The Secretary shall ensure that a sufficient number of employees are detailed to a Panel to enable such Panel to carry out its duties effectively. (6) Travel conditions.--To the maximum extent practicable, the members and employees of a Panel shall travel on Government aircraft, ships, vehicles, or other conveyances when travel is necessary in the performance of the duties of such Panel, except that no such aircraft, ship, vehicle, or other conveyance may be scheduled primarily for the transportation of any such member or employee when the cost of commercial transportation is less expensive. (f) Administrative Provisions.-- (1) Use of the mails.--A Panel may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. (2) Administrative and support services.--The Secretary of State shall furnish a Panel with any administrative and support services requested by such Panel. (3) Gifts and donations.--A Panel may accept, use, and dispose of gifts or donations of services or property. (g) Payment of Panel Expenses.--The compensation, travel expenses, and per diem allowances of members and employees of a Panel shall be paid out of funds made available to the Department of State for the payment of compensation, travel allowances, and per diem allowances, respectively, of civilian employees of the Department. Any other expenses of a Panel shall be paid out of funds made available to the Department for the payment of similar expenses incurred by the Department. (h) Sunset Provision.--A Panel shall terminate 30 days after the submission of the response report required under section 2(c)(2).

Quadrennial Foreign Affairs Review Act - Directs: (1) the Secretary of State to submit every four years to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations a quadrennial foreign affairs and Department of State review; and (2) the Foreign Affairs Panel to submit to the Secretary a report responding to such review. Directs the Secretary to establish every four years a nonpartisan independent National Foreign Affairs Panel, which shall terminate 30 days after submission of its report.

To require a quadrennial review of the diplomatic strategy and structure of the Department of State and its related agencies to determine how the Department can best fulfill its mission in the 21st century and meet the challenges of a changing world.

SECTION 1. CONSERVATION FLEX PROGRAM OPTION. (a) Establishment of Program.--The Agricultural Act of 1949 is amended by inserting after section 115 (7 U.S.C. 1445k) the following new section: ``SEC. 116. CONSERVATION FLEX PROGRAM OPTION. ``(a) Establishment.--The Secretary shall establish a voluntary conservation flex program option to assist producers of agricultural commodities in adopting integrated, site-specific farm management plans through the reduction of farm program barriers to resource stewardship practices and systems. ``(b) Definitions.--For the purposes of this section: ``(1) The term `program' means the conservation flex program option established under this section. ``(2) The term `plan' means a site-specific farm management plan prepared by the producer and approved by the Secretary. ``(3) The term `alternative crops' means experimental and industrial crops which conserve soil and water. ``(4) The term `breeding cattle' means bulls, dams, and heifers held solely for the production of calves, but shall not include weaned calves being grown for slaughter or dairy cattle. ``(5) The term `legume' means any legume, including alfalfa, clover, lentils, lupine, medic, peas, soybeans, and vetch grown for use as a forage, green manure, or biomass feedstock, but not including any pulse crop from which the seeds are harvested and sold for purposes other than use as seed for planting. ``(6) The term `resource-conserving crop' means legumes, grasses, brassica cover crops and forages, alternative crops, any interseeded or relay-planted combination of such crops, any interseeded or relay-planted combination of such crops and small grains, and such other crops as the Secretary may designate. ``(7) The term `resource-conserving crop rotation' means a crop rotation which includes at least one resource-conserving crop and that reduces erosion, maintains or improves soil fertility, tilth and structure, interrupts pest cycles, or conserves water. ``(8) The term `rotational grazing' means planting forage, dividing pastures into paddocks, and using grazing rotations to increase forage quality and production, improve vegetative cover, and reduce sediment and nutrient runoff. ``(9) The term `small grains' means any small grain, including barley, buckwheat, oats, rye, spelt, and triticale, but not including wheat, except for wheat grown for nonhuman consumption. ``(10) The term `special conservation practices' means field borders, contour grass strips, grass waterways, filter strips, grass windbreaks, buffer areas, wildlife habitat plantings, habitat plantings for beneficial organisms that aid in the control of pests, and such other practices as the Secretary may designate. ``(c) Eligible Producers.--To be eligible to participate in the program, a producer must prepare and submit to the Secretary for approval a site-specific farm management plan, which may at the producer's option be integrated with any conservation plan developed pursuant to section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) and any other conservation or natural resource plan required for producer participation in any program within the jurisdiction of the Secretary. ``(d) Agreements.--Upon the approval of a plan submitted by a producer under subsection (c), the Secretary shall enter into an agreement with the producer that specifies the crop acreage bases being enrolled in the program. The agreement shall be for a period of not less than one year, nor more than seven years, as determined by the producer. The agreement may be renewed upon the mutual agreement of the Secretary and the producer. ``(e) Producer Responsibilities Under Agreement.--Under the terms of an agreement entered into under subsection (d), a producer shall agree-- ``(1) to actively comply with the terms and conditions of the applicable plan, as approved by the Secretary; ``(2) to devote to a resource-conserving crop-- ``(A) not less than 15 percent of the crop acreage bases of the producer enrolled under such program; or ``(B) not less than 15 percent of the producer's total crop acres, if the sum of resource-conserving crop acres on non-base acres and total crop acreage bases on the farm does not exceed the county average base-to-cropland ratio; and ``(3) to keep such records as the Secretary may reasonably require for purposes of program evaluation. ``(f) Requirements of the Plan.--To be approved by the Secretary, a plan submitted by a producer must-- ``(1) specify the crop acreage bases the producer chooses to enroll in the program; ``(2) describe the resource-conserving crop rotation, special conservation practices, rotational grazing, or biomass production operations and practices to be implemented and maintained on such acreage during the agreement period which fulfill the purposes of the program; ``(3) contain a schedule for the implementation, improvement and maintenance of the resource-conserving crop rotation, special conservation practices, rotational grazing, or biomass operations and practices described in the plan; and ``(4) contain such other terms as the Secretary may require. ``(g) Program Administration, Certification, and Termination.-- ``(1) Program administration, technical assistance, and flexibility.-- ``(A) Administration.--The program shall be administered by the Secretary. ``(B) Technical assistance.--In administering the program, the Secretary, in consultation with the local conservation districts and any State or local authorities deemed appropriate by the Secretary, shall provide technical assistance to a producer in developing and implementing a plan, evaluating the effectiveness of a plan, and assessing the costs and benefits of farming operations and practices. If requested by a producer, the Secretary shall provide technical assistance to help the producer comply with Federal, State, and local requirements designed to protect soil, wetlands, wildlife habitat, the quality of ground water and surface water, or other natural resources. ``(C) Flexibility.--In administering the program, the Secretary shall provide sufficient flexibility for a producer to revise the producer's plan to respond to changes in market conditions, weather, or technology or to adjust and modify the farming operation, except that such revisions must be consistent with the purposes of the program and approved by the Secretary. ``(2) Certification.--The Secretary shall certify producer compliance with the terms and conditions of the plan. ``(3) Termination.--The Secretary may terminate an agreement entered into with a producer under this program if-- ``(A) the producer agrees to such termination; or ``(B) the producer violates the terms and conditions of such agreement. ``(h) Program Rules.-- ``(1) Base and yield protection.--Notwithstanding any other provision of law, the Secretary shall not reduce crop acreage bases or farm program payment yields as a result of the planting of a resource-conserving crop. ``(2) Payment acres.--Notwithstanding any other provision of law, the Secretary shall not reduce any farm program loans, payments, or benefits of a program participant as a result of the planting of a resource-conserving crop. ``(3) Payment rate.--Notwithstanding any other provision of law, the Secretary shall provide deficiency payments on resource-conserving crop acreage eligible for payments at a rate not less than the projected deficiency payment rate, as determined and announced each year by the Secretary prior to the period during which producers may agree to participate in the program. ``(4) Payment acre protection.--Notwithstanding any other provision of law, the Secretary shall not reduce the payment acres or the established price for a program participant who has entered into an agreement with the Secretary for a fixed period of time. ``(5) Resource-conserving crops on normal flex acreage.-- Acreage devoted to resource-conserving crops under this program may, at the discretion of the producer, be designated as normal flex acreage. ``(6) Adjustments in production adjustment requirements.-- Notwithstanding any other provision of law, the Secretary shall make fair and equitable adjustments in acreage limitation requirements applicable to a producer participating in the program giving due consideration to crop rotation, special conservation practices, rotational grazing, biomass production, and other appropriate factors resulting from the implementation of a plan. If the Secretary determines that the reduction in program crop production on a participating farm referred to in the preceding sentence will equal or exceed any reduction in crop production which, in the absence of participation in the program, would occur as a result of acreage limitation requirements, the Secretary shall waive such acreage limitation requirements for the farm. If the resource conserving crop includes a farm program feed grain crop planted on the base acres of another farm program feed grain crop, the Secretary shall take into account the established or county average yield of the two feed grains for the purposes of making the adjustment or waiver. ``(7) Total base acreage flexibility.--Notwithstanding any other provision of law, the Secretary shall allow participants in this program to plant farm program crops and oilseeds in any proportion on a producer's total acreage of farm program crop base and historic oilseeds acreage without affecting farm program payments. ``(8) Crop insurance.--Notwithstanding any other provision of law, acreage devoted to resource-conserving crops under this program shall be eligible for crop insurance pursuant to the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ``(9) Haying and grazing restriction.-- ``(A) In general.--The Secretary shall not make any farm program payments to a producer, who is otherwise eligible to receive such payments, for acreage enrolled in the program if the producer, during the consecutive five month period in each State in which haying and grazing of conserving use acres may be prohibited under the provisions of this Act, grazes breeding cattle or nursing calves or harvests and sells hay on payment acres. ``(B) Transition option.--The restriction in subparagraph (A) shall not apply in the case of a producer who agrees to retire all base acreage enrolled in the program at the end of the agreement period. ``(C) Emergency haying and grazing.--The Secretary shall release acreage devoted to resource-conserving crops for emergency haying and grazing as the result of a natural disaster when the Secretary permits unlimited haying and grazing on-- ``(i) reduced acreage under this Act; ``(ii) acreage devoted to a conservation use under this Act; ``(iii) acreage diverted from production under a land diversion program established under this Act; or ``(iv) acreage enrolled in the conservation reserve program under the Food Security Act of 1985 (16 U.S.C. 3801 et seq.).''. (b) Conforming Repeal.--Section 1451 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5822) is repealed.

Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to establish a voluntary conservation flex program which will permit producers to adopt integrated site-specific farm management plans. Includes within such plans resource-conserving crops, crop rotation, and rotational grazing.

To amend the Agricultural Act of 1949 to permit producers to adopt integrated, site-specific farm management plans that provide for resource-conserving crop rotation, special conservation practices, rotational grazing, and biomass production operations and practices.

SECTION 1. DEVELOPMENT OF NATIONAL STRATEGY. (a) In General.--The President, acting through the Secretary, shall, in consultation with the Attorney General, the Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the appropriate Federal banking agencies and Federal functional regulators, develop a national strategy for combating the financing of terrorism and related forms of illicit finance. (b) Transmittal to Congress.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a comprehensive national strategy developed in accordance with subsection (a). (2) Updates.--Not later than January 31, 2020, and January 31, 2022, the President shall submit to the appropriate congressional committees updated versions of the national strategy submitted under paragraph (1). (c) Separate Presentation of Classified Material.--Any part of the national strategy that involves information that is properly classified under criteria established by the President shall be submitted to Congress separately in a classified annex and, if requested by the chairman or ranking member of one of the appropriate congressional committees, as a briefing at an appropriate level of security. SEC. 2. CONTENTS OF NATIONAL STRATEGY. The strategy described in section 1 shall contain the following: (1) Evaluation of existing efforts.--An assessment of the effectiveness of and ways in which the United States is currently addressing the highest levels of risk of various forms of illicit finance, including those identified in the documents entitled ``2015 National Money Laundering Risk Assessment'' and ``2015 National Terrorist Financing Risk Assessment'', published by the Department of the Treasury and a description of how the strategy is integrated into, and supports, the broader counter terrorism strategy of the United States. (2) Goals, objectives, and priorities.--A comprehensive, research-based, long-range, quantifiable discussion of goals, objectives, and priorities for disrupting and preventing illicit finance activities within and transiting the financial system of the United States that outlines priorities to reduce the incidence, dollar value, and effects of illicit finance. (3) Threats.--An identification of the most significant illicit finance threats to the financial system of the United States. (4) Reviews and proposed changes.--Reviews of enforcement efforts, relevant regulations and relevant provisions of law and, if appropriate, discussions of proposed changes determined to be appropriate to ensure that the United States pursues coordinated and effective efforts at all levels of government, and with international partners of the United States, in the fight against illicit finance. (5) Detection and prosecution initiatives.--A description of efforts to improve, as necessary, detection and prosecution of illicit finance, including efforts to ensure that-- (A) subject to legal restrictions, all appropriate data collected by the Federal Government that is relevant to the efforts described in this section be available in a timely fashion to-- (i) all appropriate Federal departments and agencies; and (ii) as appropriate and consistent with section 314 of the International Money Laundering Abatement and Financial Anti- Terrorism Act of 2001 (31 U.S.C. 5311 note), to financial institutions to assist the financial institutions in efforts to comply with laws aimed at curbing illicit finance; and (B) appropriate efforts are undertaken to ensure that Federal departments and agencies charged with reducing and preventing illicit finance make thorough use of publicly available data in furtherance of this effort. (6) The role of the private financial sector in prevention of illicit finance.--A discussion of ways to enhance partnerships between the private financial sector and Federal departments and agencies with regard to the prevention and detection of illicit finance, including-- (A) efforts to facilitate compliance with laws aimed at stopping such illicit finance while maintaining the effectiveness of such efforts; and (B) providing guidance to strengthen internal controls and to adopt on an industry-wide basis more effective policies. (7) Enhancement of intergovernmental cooperation.--A discussion of ways to combat illicit finance by enhancing-- (A) cooperative efforts between and among Federal, State, and local officials, including State regulators, State and local prosecutors, and other law enforcement officials; and (B) cooperative efforts with and between governments of countries and with and between multinational institutions with expertise in fighting illicit finance, including the Financial Action Task Force and the Egmont Group of Financial Intelligence Units. (8) Trend analysis of emerging illicit finance threats.--A discussion of and data regarding trends in illicit finance, including evolving forms of value transfer such as so-called cryptocurrencies, other methods that are computer, telecommunications, or Internet-based, cyber crime, or any other threats that the Secretary may choose to identify. (9) Budget priorities.--A multiyear budget plan that identifies sufficient resources needed to successfully execute the full range of missions called for in this section. (10) Technology enhancements.--An analysis of current and developing ways to leverage technology to improve the effectiveness of efforts to stop the financing of terrorism and other forms of illicit finance, including better integration of open-source data. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``appropriate congressional committees'' means-- (A) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on the Judiciary, Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, Committee on Armed Services, Committee on the Judiciary, Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; (2) the term ``appropriate Federal banking agencies'' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); (3) the term ``Federal functional regulator'' has the meaning given that term in section 509 of the Gramm-Leach- Bliley Act (15 U.S.C. 6809); (4) the term ``illicit finance'' means the financing of terrorism, money laundering, or other forms of illicit financing domestically or internationally, as defined by the President; (5) the term ``Secretary'' means the Secretary of the Treasury; and (6) the term ``State'' means each of the several States, the District of Columbia, and each territory or possession of the United States.

This bill requires the President to develop a strategy to prevent the financing of terrorism. The strategy shall contain: (1) an assessment of present efforts and existing threats, (2) proposed changes and initiatives, (3) a discussion of the role of the private sector and the enhancement of intergovernmental cooperation, (4) an analysis of emerging threats and the use of technological enhancements to stop the financing of terrorism, and (5) a multiyear budget plan .

To require the President to develop a national strategy for combating the financing of terrorism and related forms of illicit finance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Trade Cooperation Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Close defense cooperation between the United States and each of the United Kingdom and Australia requires interoperability among the armed forces. (2) The need for interoperability must be balanced with the need for the appropriate and effective regulation of trade in defense articles and defense services. (3) The Arms Export Control Act (22 U.S.C. 2751 et seq.) represents a delegation to the executive branch of the constitutional power of Congress to regulate commerce with foreign nations. (4) Agreements to gain exemption from the International Traffic in Arms Regulations must be submitted to Congress for review. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate; (2) the term ``defense articles'' has the meaning given the term in section 47 of the Arms Export Control Act (22 U.S.C. 2794); (3) the term ``defense services'' has the meaning given the term in section 47 of the Arms Export Control Act (22 U.S.C. 2794); and (4) the term ``International Traffic in Arms Regulations'' means the regulations maintained under sections 120 through 130 of title 22, Code of Federal Regulations, or any successor regulations. SEC. 4. EXCEPTIONS TO BILATERAL AGREEMENT REQUIREMENTS FOR AUSTRALIA AND THE UNITED KINGDOM. (a) Exceptions.--Subsection (j) of section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): ``(4) Exceptions from bilateral agreement requirements.-- ``(A) Australia.--Subject to the provisions of the Defense Trade Cooperation Act of 2003, the requirements for a bilateral agreement described in paragraph (2)(A) shall not apply to such a bilateral agreement between the United States Government and the Government of Australia with respect to transfers or changes in end use within Australia of defense items that will remain subject to the licensing requirements of this Act after such agreement enters into force. ``(B) United kingdom.--Subject to the provisions of the Defense Trade Cooperation Act of 2003, the requirements for a bilateral agreement described in paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall not apply to such a bilateral agreement between the United States Government and the Government of the United Kingdom for an exemption from the licensing requirements of this Act.''. (b) Conforming Amendment.--Paragraph (2) of such subsection is amended in the matter preceding subparagraph (A) by striking ``A bilateral agreement'' and inserting ``Except as provided in paragraph (4), a bilateral agreement''. SEC. 5. CERTIFICATIONS FOR THE UNITED KINGDOM AND AUSTRALIA. Not later than 30 days before authorizing an exemption from the licensing requirements of the International Traffic in Arms Regulations in accordance with any bilateral agreement entered into with the United Kingdom or Australia under section 38(j) of the Arms Export Control Act (22 U.S.C. 2778(j)), as amended by section 4 of this Act, the President shall certify to the appropriate congressional committees that such agreement-- (1) is in the national interest of the United States and will not in any way affect the goals and policy of the United States as outlined in section 1 of the Arms Export Control Act (22 U.S.C. 2751); (2) does not adversely affect the ability of the International Traffic in Arms Regulations to provide consistent and adequate controls for licensed exports of United States defense items; and (3) will not adversely affect the duties or requirements of the Secretary of State under the Arms Export Control Act. SEC. 6. NOTIFICATION OF REGULATIONS PERMITTING BILATERAL LICENSING EXEMPTIONS. Not later than 30 days before authorizing an exemption from the licensing requirements of the International Traffic in Arms Regulations in accordance with any bilateral agreement entered into with the United Kingdom or Australia under section 38(j) of the Arms Export Control Act (22 U.S.C. 2778(j)), as amended by section 4 of this Act, the President shall submit to the appropriate congressional committees the text of the regulations that authorize such a licensing exemption. SEC. 7. REPORT ON ISSUES RAISED IN CONSULTATIONS PURSUANT TO BILATERAL AGREEMENTS WITH AUSTRALIA AND THE UNITED KINGDOM. Not later than one year after the date of the enactment of this Act and annually thereafter for each of the following 5 years, the President shall submit to the appropriate congressional committees a report on issues raised during the previous year in consultations conducted under the terms of any bilateral agreement with Australia, or under the terms of any bilateral agreement with the United Kingdom, for exemption from the licensing requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.). Each report shall contain detailed information-- (1) on any notifications or consultations between the United States and the United Kingdom under the terms of any agreement with the United Kingdom, or between the United States and Australia under the terms of any agreement with Australia, concerning the modification, deletion, or addition of defense items on the United States Munitions List, the United Kingdom Military List, or the Australian Defense and Strategic Goods List; (2) listing all United Kingdom or Australia persons and entities that have been designated as qualified persons eligible to receive United States origin defense items exempt from the licensing requirements of the Arms Export Control Act under the terms of such agreements, and listing any modification, deletion, or addition to such lists, pursuant to the requirements of any agreement with the United Kingdom or any agreement with Australia; (3) on consultations or steps taken pursuant to any agreement with the United Kingdom or any agreement with Australia concerning cooperation and consultation with either government on the effectiveness of the defense trade control systems of such government; (4) on provisions and procedures undertaken pursuant to-- (A) any agreement with the United Kingdom with respect to the handling of United States origin defense items exempt from the licensing requirements of the Arms Export Control Act by persons and entities qualified to receive such items in the United Kingdom; and (B) any agreement with Australia with respect to the handling of United States origin defense items exempt from the licensing requirements of the Arms Export Control Act by persons and entities qualified to receive such items in Australia; (5) on any new understandings, including the text of such understandings, between the United States and the United Kingdom concerning retransfer of United States origin defense items made pursuant to any agreement with the United Kingdom to gain exemption from the licensing requirements of the Arms Export Control Act; (6) on consultations with the Government of the United Kingdom or the Government of Australia concerning the legal enforcement of any such agreements; (7) on United States origin defense items with respect to which the United States has provided an exception under the Memorandum of Understanding between the United States and the United Kingdom and any agreement between the United States and Australia from the requirement for United States Government re- export consent that was not provided for under United States laws and regulations in effect on the date of the enactment of this Act; and (8) on any significant concerns that have arisen between the Government of Australia or the Government of the United Kingdom and the United States Government concerning any aspect of any bilateral agreement between such country and the United States to gain exemption from the licensing requirements of the Arms Export Control Act. SEC. 8. SPECIAL REPORTS ON UNAUTHORIZED END-USE OR DIVERSION. The Secretary of State shall notify the appropriate congressional committees, in a manner consistent with ongoing efforts to investigate and bring civil or criminal charges regarding such matters, not later than 90 days after receiving any credible information regarding the unauthorized end-use or diversion of United States exports made pursuant to any agreement with a country to gain exemption from the licensing requirements of the Arms Export Control Act. Such notification may be made in classified or unclassified form and shall include-- (1) a description of the good or service; (2) the United States origin of the good or service; (3) the authorized recipient of the good or service; (4) a detailed description of the unauthorized end-use or diversion of the good or service, including any knowledge by the United States exporter of such unauthorized end-use or diversion; (5) any enforcement action taken by the Government of the United States; and (6) any enforcement action taken by the government of the recipient nation.

Defense Trade Cooperation Act of 2003 - Amends the Arms Export Control Act (the Act) to make the requirement of a bilateral agreement prior to the transfer of defense articles or services from the United States to a foreign country inapplicable to a bilateral agreement between the United States and the Government of: (1) Australia, with respect to transfers or changes in end use within Australia of defense items that will remain subject to the licensing requirements of the Act after such agreement enters into force; or (2) the United Kingdom, for an exemption from such licensing requirements. Requires the President, at least 30 days before authorizing such an exemption, to certify to the congressional foreign and international relations committees that such an agreement: (1) is in the national interest of the United States; (2) does not adversely affect the ability of the International Traffic in Arms Regulations to provide controls for licensed exports of U.S. defense items; and (3) will not adversely affect the duties or requirements of the Secretary of State under the Act. Directs the President to submit to such committees a text of the regulations that authorize such a licensing exemption. Requires a report from the President to such committees on licensing requirement exemption issues raised during consultations with respect to the terms of any bilateral agreements with such countries. Directs the Secretary of State to notify such committees within 90 days after receiving credible information regarding the unauthorized end-use or diversion of U.S. exports made pursuant to any agreement with a country to gain exemption from such licensing requirements.

A bill to provide certain exceptions from requirements for bilateral agreements with Australia and the United Kingdom for exemptions from the International Traffic in Arms Regulations.

SECTION 1. DEFINITIONS. For the purposes of this Act: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``hazardous substance research centers'' means the hazardous substance research centers described in section 311(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(d)). Such term shall include the Great Plains and Rocky Mountain Hazardous Substance Research Center, the Northeast Hazardous Substance Research Center, the Great Lakes and Mid-Atlantic Hazardous Substance Research Center, the South and Southwest Hazardous Substance Research Center, and the Western Region Hazardous Substance Research Center. (3) The term ``hazardous waste'' means-- (A) waste listed as hazardous waste pursuant to subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.); (B) radioactive waste; and (C) mixed waste. (4) The term ``mixed waste'' means waste that contains a mixture of waste described in subparagraphs (A) and (B) of paragraph (3). (5) The term ``qualified individuals'' means qualified military personnel and qualified Department of Energy personnel. (6) The term ``qualified Department of Energy personnel'' means individuals who, during the 5-year period preceding the date of the enactment of this Act, have been employed by the Department of Energy and have been involved in the production of nuclear weapons, and whose employment at the Department of Energy during such 5-year period was scheduled for termination as a result of a significant reduction or modification in the programs or projects of the Department of Energy. Such term shall not include any employee who terminates employment by taking early retirement or who otherwise voluntarily terminates employment. (7) The term ``qualified military personnel'' means members and former members of the Armed Forces of the United States who have training in site remediation, site characterization, waste management, waste reduction, recycling, engineering, or positions related to environmental engineering or basic sciences (including training for management positions). Such term shall not include any former member of the Armed Forces whose service in the Armed Forces was terminated by dismissal (in the case of a former officer) or by discharge with a dishonorable discharge or a bad conduct discharge (in the case of a former enlisted member). (8) The term ``radioactive waste'' means solid, liquid, or gaseous material that contains radionuclides regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) of negligible economic value (considering the cost of recovery). SEC. 2. EDUCATION AND TRAINING PROGRAM. (a) In General.-- (1) Establishment of program.-- (A) In general.--Not later than 6 months after the date of the enactment of this Act, the Administrator, in consultation with the Secretaries of Energy and Defense, shall establish an education and training program for qualified individuals in order to enable such individuals to acquire career training in environmental engineering, environmental sciences, or environmental project management in fields related to hazardous waste management and cleanup. (B) Development of academic program.--In carrying out the program, the Administrator, in consultation with the Secretaries of Energy and Defense, shall develop and implement an academic program for qualified individuals at institutions of higher education at both undergraduate and graduate levels, and which may lead to the awarding of an academic degree or a certification that is supplemental to an academic degree. (2) Program activities.-- (A) In General.--The program established pursuant to paragraph (1) may include educational activities and training related to-- (i) site remediation; (ii) site characterization; (iii) hazardous waste management (including such specialized activities and training relating specifically to radioactive waste as the Administrator determines to be appropriate); (iv) hazardous waste reduction (including such specialized activities and training relating specifically to radioactive waste as the Administrator determines to be appropriate); (v) recycling; (vi) process and materials engineering; (vii) training for positions related to environmental engineering, environmental sciences, or environmental project management (including training for management positions); and (viii) environmental engineering with respect to the construction of facilities to address the items described in clauses (i) through (vii). (B) Educational activities.--The program established pursuant to paragraph (1) shall include educational activities designed for personnel participating in a program to achieve specialization in the following fields: (i) Earth sciences. (ii) Chemistry. (iii) Chemical Engineering. (iv) Environmental engineering. (v) Statistics. (vi) Toxicology. (vii) Industrial hygiene. (viii) Health physics. (ix) Environmental project management. (x) Any other field that the Administrator determines to be appropriate. (b) Grant Program.-- (1) In general.--From the amounts made available under subsection (c), the Administrator shall award grants to the hazardous substance research centers to pay the Federal share of carrying out the development and implementation of the academic program described in subsection (a). (2) Grant awards.--The Federal share of each grant awarded under this subsection shall be 100 percent. (c) Funding.-- (1) Environmental protection agency.-- (A) In general.--Subject to the limitation described in subparagraph (B), 50 percent of the cost of carrying out this section shall be funded from amounts made available for fiscal year 1993 to the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (B) Limitation.--The limitation described in this subparagraph is that not more than 1 percent of the amounts made available for fiscal year 1993 to the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) may be used to carry out this section. (C) Special rule.--Amounts provided under this paragraph to hazardous substance research centers shall be used to supplement and not supplant other funds provided to such centers by the Environmental Protection Agency. (2) Department of defense.-- (A) In general.--Subject to the limitation described in subparagraph (B), 25 percent of the cost of carrying out this section shall be funded from amounts appropriated for fiscal year 1993 to the Defense Environmental Restoration Account established in section 2703 of title 10, United States Code. (B) Limitation.--The limitation described in this subparagraph is that not more than 1 percent of the amounts appropriated for fiscal year 1993 to the Defense Environmental Restoration Account may be used to carry out this section. (C) Transfer.--The Secretary of Defense shall transfer an amount determined in accordance with subparagraphs (A) and (B) to the Environmental Protection Agency, pursuant to the authority granted the Secretary under section 2703 of title 10, United States Code. (3) Department of energy.-- (A) In General.--Subject to the limitation described in subparagraph (B), 25 percent of the cost of carrying out this section shall be funded from amounts made available for fiscal year 1993 to the Department of Energy for the purpose of environmental cleanup. (B) Limitation.--The limitation described in this subparagraph is that not more than 1 percent of the amounts made available for fiscal year 1993 to the Department of Energy may be used to carry out this section. (C) Transfer.--The Secretary of Energy shall transfer an amount determined in accordance with subparagraphs (A) and (B) to the Environmental Protection Agency. (D) Special rule.--Amounts provided under this paragraph to hazardous substance research centers shall be used to supplement and not supplant other funds provided to such centers by the Department of Energy.

Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) establish a program for qualified military and Department of Energy (DOE) personnel to enable such individuals to acquire career training in environmental engineering, environmental sciences, or environmental project management in fields related to hazardous waste management and cleanup; and (2) implement, as part of such program, an academic program at institutions of higher education at undergraduate and graduate levels. Requires the Administrator to award grants to the hazardous substance research centers described under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to pay the full cost of the academic program. Provides funding for the program, subject to certain limitations, from amounts allocated for: (1) the EPA under CERCLA; (2) the Defense Environmental Restoration Account; and (3) DOE environmental cleanup activities.

A bill to authorize the Administrator of the Environmental Protection Agency to establish a program to provide career training through the hazardous substance research center program of the Environmental Protection Agency to qualified military personnel and qualified Department of Energy personnel in order to enable such individuals to acquire proficiency in hazardous and radioactive waste management, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Payment Improvement Act of 2009''. SEC. 2. VALUE INDEX UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE. (a) In General.--Section 1848(e)(5) of the Social Security Act (42 U.S.C. 1395w-4(e)) is amended by adding at the end the following new paragraph: ``(6) Value index.-- ``(A) In general.--The Secretary shall determine a value index for each fee schedule area. The value index shall be the ratio of the quality component under subparagraph (B) to the cost component under subparagraph (C) for that fee schedule area. ``(B) Quality component.-- ``(i) In general.--The quality component shall be based on a composite score that reflects quality measures available on a State or fee schedule area basis. The measures shall reflect health outcomes and health status for the Medicare population, patient safety, and patient satisfaction. The Secretary shall use the best data available, after consultation with the Agency for Healthcare Research and Quality and with private entities that compile quality data. ``(ii) Requirement.--In establishing the quality component under this subparagraph, the Secretary shall take into account the following: ``(I) Hospital readmission rates. ``(II) Hospital emergency department utilization for ambulatory care-sensitive conditions. ``(III) Hospital admissions for ambulatory care-sensitive conditions. ``(IV) Mortality amenable to health care. ``(V) Other items determined appropriate by the Secretary. ``(iii) Establishment.--The quality component for each fee schedule area shall be the ratio of the quality score for such area to the national average quality score. ``(iv) Application.--In the case of a fee schedule area that is less than an entire State, if available quality data is not sufficient to measure quality at the sub-State level, the quality component for a sub-State fee schedule area shall be the quality component for the entire State. ``(C) Cost component.-- ``(i) In general.--The cost component shall be total annual per beneficiary Medicare expenditures under part A and this part for the fee schedule area. The Secretary may use total per beneficiary expenditures under such parts in the last two years of life as an alternative measure if the Secretary determines that such measure better takes into account severity differences among fee schedule areas. ``(ii) Establishment.--The cost component for a fee schedule area shall be the ratio of the cost per beneficiary for such area to the national average cost per beneficiary.''. (b) Conforming Amendments.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subparagraph (b)(1)(C), by striking ``geographic'' and inserting ``geographic and value''; and (2) in subsection (e)-- (A) in paragraph (1)-- (i) in the heading, by inserting ``and value'' after ``geographic''; (ii) in subparagraph (A), by striking clause (iii) and inserting the following new clause: ``(iii) a value index (as defined in paragraph (6)) applicable to physician work.''; (iii) in subparagraph (C), by inserting ``and value'' after ``geographic'' in the first sentence; (iv) in subparagraph (D), by striking ``physician work effort'' and inserting ``value''; (v) by striking subparagraph (E); and (vi) by striking subparagraph (G); (B) by striking paragraph (2) and inserting the following new paragraph: ``(2) Computation of geographic and value adjustment factor.--For purposes of subsection (b)(1)(C), for all physicians' services for each fee schedule area the Secretary shall establish a geographic and value adjustment factor equal to the sum of the geographic cost-of-practice adjustment factor (specified in paragraph (3)), the geographic malpractice adjustment factor (specified in paragraph (4)), and the value adjustment factor (specified in paragraph (5)) for the service and the area.''; and (C) by striking paragraph (5) and inserting the following new paragraph: ``(5) Physician work value adjustment factor.--For purposes of paragraph (2), the `physician work value adjustment factor' for a service for a fee schedule area, is the product of-- ``(A) the proportion of the total relative value for the service that reflects the relative value units for the work component; and ``(B) the value index score for the area, based on the value index established under paragraph (6).''. (c) Availability of Quality Component Prior to Implementation.--The Secretary of Health and Human Services shall make the quality component described in section 1848(c)(6)(B) of the Social Security Act, as added by subsection (a), for each fee schedule area available to the public by not later than January 1, 2011. (d) Effective Date.--The amendments made by this section shall apply to the Medicare physician fee schedule for 2012 and each subsequent year.

Medicare Payment Improvement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to determine a value index for the physician work component for each Medicare physician fee schedule area.

To amend title XVIII of the Social Security Act to create a value indexing mechanism for the physician work component of the Medicare physician fee schedule.

approved April 12, 1892 (20 U.S.C. 91) is amended by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (15) Section 505(m) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(m)) is amended by striking out ``Patent and Trademark Office of the Department of Commerce'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (16) Section 512(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(o)) is amended by striking out ``Patent and Trademark Office of the Department of Commerce'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (17) Section 702(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 372(d)) is amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (18) Section 501(b)(1) of the Jobs Through Trade Expansion Act of 1994 (22 U.S.C. 2151t-1(b)(1)) is amended by striking out ``Patent and Trademark Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (19) Section 2 of the Act of August 27, 1935 (25 U.S.C. 305a) is amended by striking out ``Patent and Trademark Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (20) Section 105(e) of the Federal Alcohol Administration Act (27 U.S.C. 205(e)) is amended by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (21) Section 1295(a)(4) of title 28, United States Code, is amended by striking out ``Patent and Trademark Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (22) Section 1744 of title 28, United States Code, is amended-- (A) in the section heading by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Office''; (B) by striking out ``Patent Office'' each place such term appears and inserting in lieu thereof ``United States Patent and Trademark Corporation''; and (C) by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (23) Section 1745 of title 28, United States Code, is amended by striking out ``United States Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (24) Section 1928 of title 28, United States Code, is amended by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (25) Section 9101(3) of title 31, United States Code, is amended by adding at the end thereof: ``(O) the United States Patent and Trademark Corporation.''. (26) The provisions of title 35, United States Code, are amended by striking out ``Patent and Trademark Office'' and ``United States Patent and Trademark Office'' each place such terms appear and inserting in each such place ``United States Patent and Trademark Corporation''. (27) The table of sections for chapter 1 of part I of title 35, United States Code, is amended to read as follows: ``CHAPTER 1--ESTABLISHMENT, OFFICERS, FUNCTIONS ``Sec. ``1. Establishment. ``2. Powers and duties. ``3. Officers and employees. ``4. Restrictions on officers and employees as to interest in patents. ``5. Advisory Board. ``6. Suits by and against the Corporation. ``7. Board of Patent Appeals and Interferences. ``8. Library. ``9. Classification of patents. ``10. Certified copies of records. ``11. Publications. ``12. Exchange of copies of patents with foreign countries. ``13. Copies of patents for public libraries. ``14. Annual report to Congress. ``15. Use of Corporation name. ``16. Definitions.''. (28) Section 302 of title 35, United States Code, is amended in the second sentence by inserting ``established'' before ``pursuant''. (29) Sections 371(c)(1) and 376(a) of title 35, United States Code, are amended by striking out ``provided'' and inserting in lieu thereof ``established under''. (30) Section 602 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 474) is amended by inserting after paragraph (21) the following new paragraph: ``(22) the United States Patent and Trademark Corporation,''. (31) Section 151 (c) and (d) of the Atomic Energy Act of 1954 (42 U.S.C. 2181 (c) and (d)) are each amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (32) Section 160 of the Atomic Energy Act of 1954 (42 U.S.C. 2190) is amended by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (33) Section 305(c) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2457(c)) is amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (34) Section 12(a) of the Solar Energy Research, Development, and Demonstration Act of 1974 (42 U.S.C. 5510(a)) is amended by striking out ``Commissioner of Patent Office'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (35) Section 1111 of title 44, United States Code, is amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (36) Section 1123 of title 44, United States Code, is amended by striking out ``the Patent Office,''. (37) Section 1114 of title 44, United States Code, is amended by striking out ``Commissioner of Patents,''. (38)(A) Sections 1337 and 1338 of title 44, United States Code, are repealed. (B) The table of sections for chapter 13 of title 44, United States Code, is amended by striking out the items relating to sections 1337 and 1338. (39) Section 10(i) of the Trading with the Enemy Act (50 U.S.C. App. 10) is amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. TITLE II--MISCELLANEOUS PROVISIONS SEC. 201. SEPARABILITY. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 202. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act. S 1458 IS----2 S 1458 IS----3 S 1458 IS----4

TABLE OF CONTENTS: Title I: Patent and Trademark Corporation Title II: Miscellaneous Provisions Patent and Trademark Office Reform Act of 1995 - Title I: Patent and Trademark Corporation - Replaces specified provisions governing the Patent and Trademark Office with provisions establishing the Patent and Trademark Corporation as a wholly owned Government corporation within the Department of Commerce. Requires the Corporation to maintain an office in the District of Columbia metropolitan area. Provides appropriate Corporation powers and duties with respect to the granting and issuing of patents and the registration of trademarks, as well as related activities. Vests Corporation management in the Commissioner of Patents and Trademarks, appointed by the President, with specified duties and responsibilities. Directs the Commissioner to appoint a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts: (1) the Corporation from any administratively or statutorily imposed limitations on positions or personnel; and (2) Corporation personnel from various Federal employment authorities and requirements, including provisions governing employee classification, performance appraisals, and pay rates. Includes such employees under Federal provisions relating to retirement and health and life insurance. Requires all officers and employees of the Patent and Trademark Office to become officers and employees of the Corporation on the effective date of this Act. Provides other employee and Office transition provisions. Prohibits Corporation officers and employees, during their appointments and for one year thereafter, from applying for or acquiring any patent issued by the Corporation. Establishes an Advisory Board of the Corporation to review and report annually to the President and specified congressional committees on the Corporation's policies, goals, performance, budget, and user fees and to advise the Commissioner. Sets forth provisions regarding: (1) suits by and against the Corporation; (2) revised membership and duties of the Board of Patent Appeals and Interferences; (3) a required annual Corporation management report; (4) the prohibited use of the Corporation's name; (5) receipts, expenditures, and borrowing authority of the Corporation; (6) annual audit requirements; (7) the transfer to the Corporation of Department of Commerce functions, powers, duties, and assets; (8) transition requirements; and (9) technical and conforming amendments. (Sec. 109) Prohibits full-time equivalent Corporation positions from being eliminated in order to meet the requirements of the Federal Workforce Restructuring Act of 1994. Title II: Miscellaneous Provisions - Provides for the separability of provisions of this Act. Makes this Act effective 180 days after its enactment.

Patent and Trademark Office Reform Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Torture Victims Relief Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The American people abhor torture by any government or person. The existence of torture creates a climate of fear and international insecurity that affects all people. (2) Torture is the deliberate mental and physical damage caused by governments to individuals to destroy individual personality and terrorize society. The effects of torture are long term. Those effects can last a lifetime for the survivors and affect future generations. (3) By eliminating leadership of their opposition and frightening the general public, repressive governments often use torture as a weapon against democracy. (4) Torture survivors remain under physical and psychological threats, especially in communities where the perpetrators are not brought to justice. In many nations, even those who treat torture survivors are threatened with reprisals, including torture, for carrying out their ethical duties to provide care. Both the survivors of torture and their treatment providers should be accorded protection from further repression. (5) A significant number of refugees and asylees entering the United States have been victims of torture. Those claiming asylum deserve prompt consideration of their applications for political asylum to minimize their insecurity and sense of danger. Many torture survivors now live in the United States. They should be provided with the rehabilitation services which would enable them to become productive members of our communities. (6) The development of a treatment movement for torture survivors has created new opportunities for action by the United States and other nations to oppose state-sponsored and other acts of torture. (7) There is a need for a comprehensive strategy to protect and support torture victims and their treatment providers, together with overall efforts to eliminate torture. (8) By acting to heal the survivors of torture and protect their families, the United States can help to heal the effects of torture and prevent its use around the world. (9) The United States became a party to the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment on November 20, 1994, but has not implemented Article 3 of the Convention. SEC. 3. DEFINITIONS. As used in this Act: (1) In general.--Except as otherwise provided, the terms used in this Act have the meanings given those terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). (2) Torture.--The term ``torture'' has the meaning given the term in section 2340(1) of title 18, United States Code, and includes the use of rape and other forms of sexual violence by a person acting under the color of law upon another person under his custody or physical control. SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PERSONS FEARING SUBJECTION TO TORTURE. (a) Prohibition.--Notwithstanding any other provision of law, the United States shall not expel, remove, extradite, or otherwise return involuntarily an individual to a country if there is substantial evidence that a reasonable person in the circumstances of that individual would fear subjection to torture in that country. (b) Definition.--For purposes of this section, the term ``to return involuntarily'', in the case of an individual, means-- (1) to return the individual without the individual's consent, whether or not the return is induced by physical force and whether or not the person is physically present in the United States; or (2) to take an action by which it is reasonably foreseeable that the individual will be returned, whether or not the return is induced by physical force and whether or not the person is physically present in the United States. SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS. (a) Covered Aliens.--An alien described in this section is any alien who presents a claim of having been subjected to torture, or whom there is reason to believe has been subjected to torture. (b) Consideration of the Effects of Torture.--In considering an application by an alien described in subsection (a) for refugee status under section 207 of the Immigration and Nationality Act, asylum under section 208 of that Act, or withholding of removal under section 241(b)(3) of that Act, the appropriate officials shall take into account-- (1) the manner in which the effects of torture might affect the applicant's responses in the application and in the interview process or other immigration proceedings, as the case may be; (2) the difficulties torture victims often have in recounting their suffering under torture; and (3) the fear victims have of returning to their country of nationality where, even if torture is no longer practiced or the incidence of torture is reduced, their torturers may have gone unpunished and may remain in positions of authority. (c) Expedited Processing of Refugee Admissions.--For purposes of section 207(c) of the Immigration and Nationality Act (8 U.S.C. 1157(c)), refugees who have been subjected to torture shall be considered to be refugees of special humanitarian concern to the United States and shall be accorded priority for resettlement at least as high as that accorded any other group of refugees. (d) Processing for Asylum and Withholding of Removal.--Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended by adding at the end the following new clause: ``(iv) Special procedures for aliens who are the victims of torture.-- ``(I) Expedited procedures.--With the consent of the alien, an asylum officer or immigration judge shall expedite the scheduling of an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, unless the evidence indicates that a delay in making a determination regarding the granting of asylum under section 208 of the Immigration and Nationality Act or the withholding of removal under section 241(b)(3) of that Act with respect to the alien would not aggravate the physical or psychological effects of torture upon the alien. ``(II) Delay of proceedings.--With the consent of the alien, an asylum officer or immigration judge shall postpone an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, if the evidence indicates that, as a result of the alien's mental or physical symptoms resulting from torture, including the alien's inability to recall or relate the events of the torture, the alien will require more time to recover or be treated before being required to testify. (e) Parole in Lieu of Detention.--The finding that an alien is a person described in subsection (a) shall be a strong presumptive basis for a grant of parole, under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), in lieu of detention. (f) Exemption From Expedited Removal.--Section 235(b)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by inserting before the period at the end the following: ``, or to an alien described in section 5(a) of the Torture Victims Relief Act''. (g) Sense of Congress.--It is the sense of Congress that the Attorney General should allocate resources sufficient to maintain in the Resource Information Center of the Immigration and Naturalization Service current information relating to the use of torture in foreign countries. SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM PERSONNEL. (a) In General.--The Attorney General shall provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and all other relevant officials of the Department of Justice, and the Secretary of State shall provide training for consular officers, with respect to-- (1) the identification of torture; (2) the identification of the surrounding circumstances in which torture is most often practiced; (3) the long-term effects of torture upon a victim; (4) the identification of the physical, cognitive, and emotional effects of torture, and the manner in which these effects can affect the interview or hearing process; and (5) the manner of interviewing victims of torture so as not to retraumatize them, eliciting the necessary information to document the torture experience, and understanding the difficulties victims often have in recounting their torture experience. (b) Gender-Related Considerations.--In conducting training under subsection (a) (4) or (5), gender-specific training shall be provided on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence. SEC. 7. DOMESTIC TREATMENT CENTERS. (a) Amendment of the Immigration and Nationality Act.--Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by adding at the end the following new subsection: ``(b) Assistance for Treatment of Torture Victims.--The Secretary may provide grants to programs in the United States to cover the cost of the following services: ``(1) Services for the rehabilitation of victims of torture, including treatment of the physical and psychological effects of torture. ``(2) Social and legal services for victims of torture. ``(3) Research and training for health care providers outside of treatment centers, or programs for the purpose of enabling such providers to provide the services described in paragraph (1).''. (b) Funding.-- (1) Authorization of appropriations.--Of the amounts authorized to be appropriated for the Department of Health and Human Services for fiscal years 1999, 2000, and 2001, but not from funds made available to the Office of Refugee Resettlement, there are authorized to be appropriated to carry out section 412(g) of that Act (relating to assistance for domestic centers and programs for the treatment of victims of torture), as added by subsection (a), the following amounts for the following fiscal years: (A) For fiscal year 1999, $5,000,000. (B) For fiscal year 2000, $7,500,000. (C) For fiscal year 2001, $9,000,000. (2) Availability of funds.--Amounts appropriated pursuant to this subsection shall remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1998. SEC. 8. FOREIGN TREATMENT CENTERS. (a) Amendments of the Foreign Assistance Act of 1961.--Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end of chapter 1 the following new section: ``SEC. 129. ASSISTANCE FOR VICTIMS OF TORTURE. ``(a) In General.--The President is authorized to provide assistance for the rehabilitation of victims of torture. ``(b) Eligibility for Grants.--Such assistance shall be provided in the form of grants to treatment centers and programs in foreign countries that are carrying out projects or activities specifically designed to treat victims of torture for the physical and psychological effects of the torture. ``(c) Use of Funds.--Such assistance shall be available-- ``(1) for direct services to victims of torture; and ``(2) to provide research and training to health care providers outside of treatment centers or programs described in subsection (b), for the purpose of enabling such providers to provide the services described in paragraph (1).''. (b) Funding.-- (1) Authorization of appropriations.--Of the amounts authorized to be appropriated for fiscal years 1999, 2000, and 2001 pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961, there are authorized to be appropriated to the President $5,000,000 for fiscal year 1999, $7,500,000 for fiscal year 2000, and $9,000,000 for fiscal year 2001 to carry out section 129 of the Foreign Assistance Act, as added by subsection (a). (2) Availability of funds.--Amounts appropriated pursuant to this subsection shall remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1998. SEC. 9. MULTILATERAL ASSISTANCE. (a) Funding.--Of the amounts authorized to be appropriated for fiscal years 1999, 2000, and 2001 pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961, there are authorized to be appropriated to the United Nations Voluntary Fund for Victims of Torture (in this section referred to as the ``Fund'') the following amounts for the following fiscal years: (1) Fiscal year 1999.--For fiscal year 1999, $3,000,000. (2) Fiscal year 2000.--For fiscal year 2000, $3,000,000. (3) Fiscal year 2001.--For fiscal year 2001, $3,000,000. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. (c) Sense of Congress.--It is the sense of Congress that the President, acting through the United States Permanent Representative to the United Nations, should-- (1) request the Fund-- (A) to find new ways to support and protect treatment centers and programs that are carrying out rehabilitative services for victims of torture; and (B) to encourage the development of new such centers and programs; (2) use the voice and vote of the United States to support the work of the Special Rapporteur on Torture and the Committee Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (3) use the voice and vote of the United States to establish a country rapporteur or similar procedural mechanism to investigate human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent in that country.

Torture Victims Relief Act - Prohibits the United States from expelling, removing, extraditing, or otherwise involuntarily returning an individual to a country if there is substantial evidence that a reasonable person in the circumstances of that individual would fear subjection to torture in that country. (Sec. 5) Covers within this Act any alien presenting a claim of having been tortured, or whom there is reason to believe has been tortured. Sets forth provisions regarding: (1) consideration by appropriate officials of the effects of torture; (2) expedited processing of refugee admissions and for asylum and withholding of removal; (3) granting parole in lieu of detention for such an individual under the Immigration and Nationality Act; and (4) exemption of such an individual from expedited removal pursuant to such Act. Expresses the sense of the Congress that the Attorney General should allocate sufficient resources to maintain in the Immigration and Naturalization Service's Resource Information Center current information relating to the use of torture in foreign countries. (Sec. 6) Directs the Attorney General to provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and other relevant Department of Justice officials, and directs the Secretary of State to provide training for consular officers, regarding the identification of torture, the surrounding circumstances most often practiced, the long-term effects upon a victim, the identification of the physical, cognitive, and emotional effects of torture, and the appropriate manner of interviewing torture victims. (Sec. 7) Amends the Immigration and Nationality Act to authorize the Secretary of Health and Human Services to provide grants to programs in the United States to cover the cost of specified services for torture victims. Authorizes the appropriation of funds for assistance for domestic centers and programs for the treatment of torture victims. (Sec. 8) Amends the Foreign Assistance Act of 1961 to authorize the President to provide grants to treatment centers and programs in foreign countries which are specifically carrying out projects or activities to treat victims of torture. Authorizes appropriations. (Sec. 9) Authorizes appropriations to the United Nations Voluntary Fund for Victims of Torture for FY 1999 through 2001.

Torture Victims Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long-Term Care Act of 1994''. SEC. 2. NONRECOGNITION OF GAIN ON SALE OF PRINCIPAL RESIDENCE TO EXTENT PROCEEDS USED FOR ENTRANCE INTO CONTINUING CARE RETIREMENT COMMUNITY. (a) In General.--Section 1034 of the Internal Revenue Code of 1986 (relating to rollover of gain of sale of principal residence) is amended by redesignating subsection (l) as subsection (m) and by inserting after subsection (k) the following new subsection: ``(l) Nonrecognition of Gain If New Residence Is Qualified Continuing Care Retirement Community.-- ``(1) In general.--Gross income shall not include gain from the sale of the principal residence of the taxpayer if-- ``(A) the taxpayer attained age 55 before the date of such sale, and ``(B) within the 2-year period beginning on such date, the taxpayer has as his principal residence a qualified continuing care retirement community. ``(2) Limitation.--The amount excluded from gross income under paragraph (1) shall not exceed the amount paid by the taxpayer during such 2-year period to such retirement community in order for the taxpayer or his spouse to reside in such community. ``(3) Recapture in certain cases.-- ``(A) In general.--If the taxpayer ceases to have as his principal residence (other than by reason of death) a qualified continuing care retirement community, the amount excluded from gross income under paragraph (1) shall be included in gross income for the taxable year in which such cessation occurs. ``(B) Exceptions.--The amount includible in gross income under subparagraph (A) shall be reduced by the amount paid by the taxpayer (during the 6-month period after the date of cessation)-- ``(i) to a qualified continuing care retirement community in order for the taxpayer or his spouse to reside in such community (but only if the community becomes the principal residence of the taxpayer or his spouse during such period), or ``(ii) for qualified long-term care expenses (as defined in section 408(d)(8)) of the taxpayer or his spouse. ``(4) Special rules for married individuals.--In the case of a husband and wife who file a joint return for the taxable year which includes the date of the sale of the old residence-- ``(A) the age requirement of paragraph (1)(A) shall be treated as met if either spouse meets such requirement, and ``(B) paragraph (3) shall be applied by taking into account one-half of the gain with respect to each spouse. ``(5) Qualified continuing care retirement community.--For purposes of this subsection, the term `qualified continuing care retirement community' has the meaning given such term by section 7872(g).'' (b) Effective Date.--The amendments made by this section shall apply to old residences sold after the date of the enactment of this Act. SEC. 3. EXCLUSION FROM GROSS INCOME FOR AMOUNTS WITHDRAWN FROM INDIVIDUAL RETIREMENT PLANS FOR LONG-TERM CARE. (a) In General.--Subsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to tax treatment of distributions from individual retirement plans) is amended by adding at the end thereof the following new paragraph: ``(8) Distributions for qualified long-term care expenses.-- ``(A) In general.--No amount (which but for this paragraph would be includible in the gross income of the payee or distributee under paragraph (1)) shall be included in gross income during the taxable year if-- ``(i) the payee or distributee has attained age 59\1/2\ on or before the date of the distribution, and ``(ii) the distribution is used during such year to pay qualified long-term care expenses for the benefit of the payee or distributee or the spouse of the payee or distributee if such spouse has attained age 59\1/2\ on or before the date of the distribution. ``(B) Qualified long-term care expenses.--For purposes of subparagraph (A), the term `qualified long- term care expenses' means any amount paid-- ``(i) as premiums for any qualified long- term care insurance policy, or ``(ii) for services of a type for which coverage may be provided under a qualified long-term care insurance policy. ``(C) Qualified long-term care insurance policy.-- For purposes of subparagraph (B)-- ``(i) In general.--Subject to clause (ii), the term `qualified long-term care insurance policy' means an insurance policy or rider, issued by a qualified issuer, and certified by the Secretary of Health and Human Services (in accordance with procedures similar to the procedures prescribed in section 1882 of the Social Security Act (42 U.S.C. 1385ss) used in the certification of medicare supplemental policies (as defined in subsection (g)(1) of such section)) to be advertised, marketed, offered, or designed to provide coverage-- ``(I) for not less than 12 consecutive months for each covered person, ``(II) on an expense incurred, indemnity, or prepaid basis, ``(III) for 1 or more medically necessary, diagnostic services, preventive services, therapeutic services, rehabilitation services, maintenance services, personal care services, or continuing care services, and ``(IV) provided in a setting other than an acute care unit of a hospital. ``(ii) Coverage specifically excluded.-- Such term does not include any insurance policy or rider which is offered primarily to provide any combination of the following kinds of coverage: ``(I) Basic Medicare supplement coverage. ``(II) Basic hospital expense coverage. ``(III) Basic medical-surgical expense coverage. ``(IV) Hospital confinement indemnity coverage. ``(V) Major medical expense coverage. ``(VI) Disability income protection coverage. ``(VII) Accident only coverage. ``(VIII) Specified disease coverage. ``(IX) Specified accident coverage. ``(X) Limited benefit health coverage. ``(iii) Qualified issuer.--For purposes of clause (i), the term `qualified issuer' means any of the following: ``(I) Private insurance company. ``(II) Fraternal benefit society. ``(III) Nonprofit health corporation. ``(IV) Nonprofit hospital corporation. ``(V) Nonprofit medical service corporation. ``(VI) Prepaid health plan.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to distributions after the date of the enactment of this Act in taxable years ending after such date. SEC. 4. INCREASE IN EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE BY INDIVIDUALS WHO HAVE ATTAINED AGE 55 FOR AMOUNTS SET ASIDE FOR LONG-TERM CARE. (a) In General.--Paragraph (1) of section 121(b) of the Internal Revenue Code of 1986 (relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55) is amended to read as follows: ``(1) Dollar limitation.-- ``(A) In general.--The amount of the gain excluded from gross income under subsection (a) shall not exceed $125,000 ($62,500 in the case of a separate return by a married individual). ``(B) Exception for amounts set aside for long-term care.-- ``(i) In general.--The dollar amount applicable under subparagraph (A) shall be increased by the amount set aside by the taxpayer (during the taxable year in which the sale or exchange occurs) in a separate account the principal and earnings on which are to be used by the taxpayer only to pay qualified long-term care expenses (as defined in section 408(d)(8)) for the benefit of the taxpayer or the spouse of the taxpayer. ``(ii) Tax on amounts not used for long- term care expenses.--If any amount paid or distributed from an account described in clause (i) is used other than to pay qualified long- term care expenses (as so defined) for the benefit of the taxpayer or the spouse of the taxpayer-- ``(I) such amount shall be includible in gross income for the taxable year in which paid or distributed, and ``(II) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by an amount equal to 10 percent of such amount.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to sales and exchanges after the date of the enactment of this Act in taxable years ending after such date. SEC. 5. FEDERAL PREEMPTION RELATING TO REVERSE MORTGAGE LOANS. (a) Laws Relating Generally to Mortgages.--No State or political subdivision of a State may establish, continue in effect, or enforce any mortgage loan law, as such law applies to any reverse mortgage loan, unless the mortgage loan law expressly applies to reverse mortgage loans (or to certain types of such loans) or on its face evidences the existence of reverse mortgage loans (or certain types of such loans). (b) Savings Provision.--Subsection (a) may not be construed-- (1) to annul, alter, or affect any mortgage loan law as such law applies to any mortgage loan that is not a reverse mortgage loan; or (2) to limit the authority of any State or any political subdivision of a State to establish, continue in effect, or enforce any provision of law expressly applicable to reverse mortgage loans (or certain types of such loans). (c) Definitions.--For purposes of this section, the following definitions shall apply: (1) Mortgage loan.--The term ``mortgage loan'' means any loan for the unpaid purchase price of real property or advances on real property that, pursuant to the laws of the applicable State or political subdivision of a State, is secured by any lien on or interest in the property. (2) Mortgage loan law.--The term ``mortgage loan law'' means any law that applies to any mortgage loan or regulates, limits, authorizes, or otherwise affects any mortgage loan. (3) Reverse mortgage.--The term ``reverse mortgage'' means any mortgage loan-- (A) that is secured by a dwelling that is the principal residence of the borrower and is designed principally as a 1-family residence; (B) under which payments are made to the borrower based on the equity of the borrower in the residence; (C) under which no repayment of principal and interest is required until the entire indebtedness under the loan becomes due and payable; and (D) that provides that the borrower shall not be liable for any remaining indebtedness resulting from the failure of the security for the loan to cover the entire indebtedness under the loan. SEC. 6. PROCEEDS FROM REVERSE MORTGAGE LOANS NOT TREATED AS INCOME OR RECEIPTS FOR MEANS-TESTED PROGRAMS. For purposes of any Federal program and any State or local program financed in whole or in part with Federal funds-- (1) any payment under a reverse mortgage (as defined in section 5) made to an individual shall not be taken into account as income or receipts for purposes of determining the eligibility, for the month in which such payment is made or any month thereafter, of such individual or any other individual for benefits or assistance, or the amount or extent of benefits or assistance, under such a program, and (2) any unpaid amounts under such a mortgage shall be treated as the borrower's equity in the residence and shall not be treated as loan proceeds.

Long-Term Care Act of 1994 - Amends the Internal Revenue Code to provide for the nonrecognition of gain from the sale of a principal residence if the new residence is a qualified continuing care retirement community and the taxpayer has attained the age 55. Excludes from gross income amounts withdrawn from individual retirement plans or certain pension plans to pay qualified long-term care insurance expenses. Increases the one-time exclusion of gain on the sale of a principal residence by individuals who have attained age 55 by the amount set aside for the long-term care of such individuals. Requires State mortgage loan laws to expressly apply to reverse mortgage loans. Provides that proceeds from reverse mortgage loans shall not be treated as income or receipts for means-tested programs.

Long-Term Care Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast Access to Savings Act of 2010''. SEC. 2. DISTRIBUTIONS FROM RETIREMENT PLANS FOR LOSSES BY REASON OF GULF OIL SPILL. (a) In General.--Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IV--GULF OIL SPILL ``SEC. 1400V-1. SPECIAL RULES FOR USE OF RETIREMENT FUNDS. ``(a) Tax-favored Withdrawals From Retirement Plans.-- ``(1) In general.--Section 72(t) shall not apply to any qualified oil spill distribution. ``(2) Aggregate dollar limitation.-- ``(A) In general.--For purposes of this subsection, the aggregate amount of distributions received by an individual which may be treated as qualified oil spill distributions for any taxable year shall not exceed the excess (if any) of-- ``(i) $50,000, over ``(ii) the aggregate amounts treated as qualified oil spill distributions received by such individual for all prior taxable years. ``(B) Treatment of plan distributions.--If a distribution to an individual would (without regard to subparagraph (A)) be a qualified oil spill distribution, a plan shall not be treated as violating any requirement of this title merely because the plan treats such distribution as a qualified oil spill distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $50,000. ``(C) Controlled group.--For purposes of subparagraph (B), the term `controlled group' means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414. ``(3) Amount distributed may be repaid.-- ``(A) In general.--Any individual who receives a qualified oil spill distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. ``(B) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified oil spill distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified oil spill distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(C) Treatment of repayments for distributions from iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified oil spill distribution from an individual retirement plan (as defined by section 7701(a)(37)), then, to the extent of the amount of the contribution, the qualified oil spill distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(4) Definitions.--For purposes of this subsection-- ``(A) Qualified oil spill distribution.--Except as provided in paragraph (2), the term `qualified oil spill distribution' means any distribution from an eligible retirement plan made on or after April 20, 2010, and before January 1, 2011, to an individual whose principal place of abode on April 20, 2010, is located in the State of Florida, Alabama, Mississippi, Louisiana, or Texas and who has sustained an economic loss as a result of the explosion on and sinking of the mobile off shore drilling unit Deepwater Horizon, the discharge of oil in the Gulf of Mexico caused by such explosion and sinking, or the effects of such discharge on the economy in the areas affected by such discharge. ``(B) Eligible retirement plan.--The term `eligible retirement plan' shall have the meaning given such term by section 402(c)(8)(B). ``(5) Income inclusion spread over 3-year period.-- ``(A) In general.--In the case of any qualified oil spill distribution, unless the taxpayer elects not to have this paragraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3- taxable year period beginning with such taxable year. ``(B) Special rule.--For purposes of subparagraph (A), rules similar to the rules of subparagraph (E) of section 408A(d)(3) shall apply. ``(6) Special rules.-- ``(A) Exemption of distributions from trustee to trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405, qualified oil spill distributions shall not be treated as eligible rollover distributions. ``(B) Qualified hurricane distributions treated as meeting plan distribution requirements.--For purposes this title, a qualified hurricane distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A). ``(b) Recontributions of Withdrawals for Home Purchases.-- ``(1) Recontributions.-- ``(A) In general.--Any individual who received a qualified distribution may, during the applicable period, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in section 402(c)(8)(B)) of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3), as the case may be. ``(B) Treatment of repayments.--Rules similar to the rules of subparagraphs (B) and (C) of subsection (a)(3) shall apply for purposes of this subsection. ``(2) Qualified distribution.--For purposes of this subsection-- ``(A) In general.--The term `qualified distribution' means any distribution-- ``(i) described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F), ``(ii) received after October 19, 2009, and before April 20, 2010, and ``(iii) which was to be used to purchase or construct a principal residence in the State of Florida, Alabama, Mississippi, Louisiana, or Texas Hurricane Katrina disaster area, but which was not so purchased or constructed on account of the explosion on and sinking of the mobile off shore drilling unit Deepwater Horizon or the discharge of oil in the Gulf of Mexico caused by such explosion and sinking. ``(3) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning on April 20, 2010, and ending on December 31, 2010. ``(c) Loans From Qualified Plans.-- ``(1) Increase in limit on loans not treated as distributions.--In the case of any loan from a qualified employer plan (as defined under section 72(p)(4)) to a qualified individual made during the applicable period-- ``(A) clause (i) of section 72(p)(2)(A) shall be applied by substituting `$100,000' for `$50,000', and ``(B) clause (ii) of such section shall be applied by substituting `the present value of the nonforfeitable accrued benefit of the employee under the plan' for `one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan'. ``(2) Delay of repayment.--In the case of a qualified individual with an outstanding loan on or after the qualified beginning date from a qualified employer plan (as defined in section 72(p)(4))-- ``(A) if the due date pursuant to subparagraph (B) or (C) of section 72(p)(2) for any repayment with respect to such loan occurs during the period beginning on the qualified beginning date and ending on December 31, 2010, such due date shall be delayed for 1 year, ``(B) any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under paragraph (1) and any interest accruing during such delay, and ``(C) in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of section 72(p)(2), the period described in subparagraph (A) shall be disregarded. ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual whose principal place of abode on April 20, 2010, is located in the State of Florida, Alabama, Mississippi, Louisiana, or Texas and who has sustained an economic loss as a result of the explosion on and sinking of the mobile off shore drilling unit Deepwater Horizon, the discharge of oil in the Gulf of Mexico caused by such explosion and sinking, or the effects of such discharge on the economy in the areas affected by such discharge. ``(4) Applicable period; qualified beginning date.--For purposes of this subsection-- ``(A) the applicable period is the period beginning on April 20, 2010, and ending on December 31, 2010, and ``(B) the qualified beginning date is April 20, 2010. ``(d) Provisions Relating to Plan Amendments.-- ``(1) In general.--If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). ``(2) Amendments to which subsection applies.-- ``(A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- ``(i) pursuant to any provision of this section, or pursuant to any regulation issued by the Secretary or the Secretary of Labor under any provision of this section, and ``(ii) on or before the last day of the first plan year beginning on or after April 20, 2010, or such later date as the Secretary may prescribe. In the case of a governmental plan (as defined in section 414(d)), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii). ``(B) Conditions.--This subsection shall not apply to any amendment unless-- ``(i) during the period-- ``(I) beginning on the date that this section or the regulation described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by this section or such regulation, the effective date specified by the plan), and ``(II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and ``(ii) such plan or contract amendment applies retroactively for such period.''. (b) Conforming Amendment.--The table of sections for subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item: ``Part IV--Gulf Oil Spill ``Sec. 1400V-1. Special rules for use of retirement funds.''. (c) Effective Date.--The amendments made by this Act shall apply to distributions on or after April 20, 2010.

Gulf Coast Access to Savings Act of 2010 - Amends the Internal Revenue Code to allow tax-free distributions, up to $50,000 in any taxable year, from retirement plans on or after April 20, 2010, and before January 1, 2011, for individuals whose principal place of abode is in Florida, Alabama, Mississippi, Louisiana, or Texas and who sustained an economic loss caused by the explosion on and sinking of the Deepwater Horizon offshore drilling unit, the resulting discharge of oil in the Gulf of Mexico, or the effects of such discharge on the economy in the affected areas. Provides tax incentives for the use of distributions by individuals in affected states to make home purchases. Increases to $100,000 the amount which may be borrowed without penalty from an employer benefit plan by individuals in affected states.

To amend the Internal Revenue Code of 1986 to provide for distributions from retirement plans for losses as a result of the explosion on and sinking of the mobile offshore drilling unit Deepwater Horizon, the discharge of oil in the Gulf of Mexico caused by such explosion and sinking, or the effects of such discharge on the economy in the areas affected by such discharge.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Philanthropic Enterprise Act of 2012''. SEC. 2. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS HOLDING TAX FOR CERTAIN PHILANTHROPIC BUSINESS HOLDINGS. (a) In General.--Section 4943 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Exception for Certain Philanthropic Business Holdings.-- ``(1) In general.--Subsection (a) shall not apply with respect to the holdings of a private foundation in any business enterprise which for the taxable year meets-- ``(A) the exclusive ownership requirements of paragraph (2), ``(B) the minimum distribution requirement of paragraph (3), and ``(C) the independent operation requirements of paragraph (4). ``(2) Exclusive ownership.--The exclusive ownership requirements of this paragraph are met if-- ``(A) all ownership interests in the business enterprise are held by the private foundation at all times during the taxable year, and ``(B) all the private foundation's ownership interests in the business enterprise were acquired under the terms of a will or trust upon the death of the testator or settlor, as the case may be. ``(3) Minimum distribution.-- ``(A) In general.--The minimum distribution requirement of this paragraph is met if the business enterprise, not later than 120 days after the close of the taxable year, distributes an amount equal to its net operating income for such taxable year to the private foundation. ``(B) Net operating income.--For purposes of this paragraph, the net operating income of any business enterprise for any taxable year is an amount equal to the gross income of the business enterprise for the taxable year, reduced by the sum of-- ``(i) the deductions allowed by chapter 1 for the taxable year which are directly connected with the production of such income, ``(ii) the tax imposed by chapter 1 on the business enterprise for the taxable year, and ``(iii) an amount for a reasonable reserve for working capital and other business needs of the business enterprise. ``(4) Independent operation.--The independent operation requirements of this paragraph are met if, at all times during the taxable year-- ``(A) no substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, or family member of such a contributor (determined under section 4958(f)(4)) is a director, officer, trustee, manager, employee, or contractor of the business enterprise (or an individual having powers or responsibilities similar to any of the foregoing), ``(B) at least a majority of the board of directors of the private foundation are not also directors or officers of the business enterprise, and ``(C) there is no loan outstanding from the business enterprise to a substantial contributor (as so defined) to the private foundation or a family member of such contributor (as so determined). ``(5) Certain deemed private foundations excluded.--This subsection shall not apply to-- ``(A) any fund or organization treated as a private foundation for purposes of this section by reason of subsection (e) or (f), ``(B) any trust described in section 4947(a)(1) (relating to charitable trusts), and ``(C) any trust described in section 4947(a)(2) (relating to split-interest trusts).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 3. EXCEPTION TO UNRELATED BUSINESS TAX ON SPECIFIED PAYMENTS FROM CERTAIN CONTROLLED ENTITIES. (a) In General.--Paragraph (13) of section 512(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Subparagraph not to apply to payments from certain philanthropic controlled entities.-- Subparagraph (A) shall not apply to any payment not in excess of fair market value to a private foundation from an entity which is a business enterprise described in section 4943(g)(1) with respect to such foundation.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

Philanthropic Enterprise Act of 2012 - Amends the Internal Revenue Code to exempt the holdings of a private foundation in any business enterprise that meet specified requirements relating to exclusive ownership, minimum distribution of net operating income, and independent operation (i.e., not controlled by a substantial contributor) from the excise tax on excess business holdings and unrelated business income.

To amend the Internal Revenue Code of 1986 to exempt private foundations from the tax on excess business holdings in the case of certain philanthropic enterprises which are independently supervised, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Access to Life-Saving Medications Act''. SEC. 2. DRUG SHORTAGES. (a) Expansion of Notification Requirement Regarding Potential Shortages of Prescription Drugs.--Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended-- (1) in the section heading, by striking ``discontinuance of a life saving product'' and inserting ``discontinuance or interruption of the manufacture of a prescription drug''; and (2) by amending subsection (a) to read as follows: ``(a) In General.-- ``(1) Definition.--In this section, the terms `drug shortage' and `shortage', when used with respect to a drug, mean a period of time when the total supply of all versions of a drug available at the user level will not meet the current demand for the drug at the user level. ``(2) Notification.--A manufacturer of a drug described in paragraph (3) shall notify the Secretary of a discontinuance, interruption, or other adjustment of the manufacture of the drug that would likely result in a shortage of such drug-- ``(A) in the case of a discontinuance or planned interruption or adjustment, at least 6 months prior to the date of such discontinuance or planned interruption or adjustment; and ``(B) in the case of any other interruption or adjustment, as soon as practicable after becoming aware of such interruption or adjustment. ``(3) Drugs described.--A drug described in this paragraph is a drug-- ``(A) for which an application has been approved under section 505(b) or 505(j); ``(B) that is described in section 503(b)(1); and ``(C) that is not a product that was originally derived from human tissue and was replaced by a recombinant product. ``(4) Types of adjustments.--An adjustment for which a manufacturer shall submit a notification under paragraph (2) includes-- ``(A) adjustments related to the supply of raw materials, including active pharmaceutical ingredients; ``(B) adjustments to production capabilities; ``(C) business decisions that may affect the manufacture of the drug, such as mergers, discontinuations, and a change in production output; and ``(D) other adjustments as determined appropriate by the Secretary. ``(5) Modification of time frames.--The Secretary may adjust the required time frame under paragraph (2) as determined appropriate by the Secretary based on-- ``(A) the type of interruption or adjustment at issue; and ``(B) any other factor, as determined by the Secretary. ``(6) Enforcement.--Not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations establishing a schedule of civil monetary penalties for failure to submit a notification as required under this subsection.''. (b) Confidentiality of Information.--Section 506C(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c(c)) is amended to read as follows: ``(c) Confidentiality of Information.--The Secretary shall ensure the confidentiality of proprietary information submitted in a notification under subsection (a).''. (c) Public Notification.--Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended by adding at the end the following: ``(d) Public Notification.-- ``(1) Notification of shortages.--The Secretary shall publish information on the types of adjustments for which a notification is required under subsection (a)(4) and on actual drug shortages on the Internet Web site of the Food and Drug Administration and, to the maximum extent practicable, distribute such information to appropriate health care provider and patient organizations. ``(2) Identification and notification of drugs vulnerable to drug shortage.-- ``(A) In general.--The Secretary shall implement evidence-based criteria for identifying drugs that may be vulnerable to a drug shortage. Such criteria shall be based on-- ``(i) the number of manufacturers of the drug; ``(ii) the sources of raw material or active pharmaceutical ingredients; ``(iii) the supply chain characteristics, such as production complexities; and ``(iv) the availability of therapeutic alternatives. ``(B) Notification.--If the Secretary determines using the criteria under subparagraph (A) that a drug may be vulnerable to a drug shortage, the Secretary shall notify the manufacturer of the drug of such determination and of the collaboration described under paragraph (3). ``(3) Continuity of operations plans.--The Secretary shall collaborate with manufacturers of drugs identified pursuant to paragraph (2) to establish and improve continuity of operations plans with respect to medically necessary drugs, as defined by the Secretary, so that such plans include a process for addressing drug shortages.''. SEC. 3. MANUFACTURER REVIEW. Section 510(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(h)) is amended-- (1) by striking ``(h)'' and inserting ``(h)(1)''; and (2) by inserting at the end the following: ``(2)(A) If an establishment registered with the Secretary pursuant to this section is subject to a reinspection due to failure to comply with a requirement of this Act, the Secretary shall conduct such reinspection not later than 90 days after the establishment certifies to the Secretary that the establishment has corrected the reason for such failure. ``(B) The Secretary shall prioritize reinspections described in subparagraph (A) based on whether the establishment involved manufactures, propagates, compounds, or processes a drug involved in a drug shortage (as defined in section 506C).''. SEC. 4. REPORTS TO CONGRESS. Not later than 1 year after the date of enactment of this Act, and on an annual basis thereafter, the Secretary of Health and Human Services shall submit to Congress a report that describes the actions taken by such Secretary during the previous 1-year period to address drug shortages through all aspects of the prescription drug supply chain.

Preserving Access to Life-Saving Medications Act - Amends the Federal Food, Drug, and Cosmetic Act to require a prescription drug manufacturer to notify the Secretary of Health and Human Services (HHS) of a discontinuance, interruption, or other adjustment of the manufacture of the drug that would likely result in a shortage of such drug. Requires: (1) six months notice of any discontinuance or planned interruption or adjustment, and (2) notice as soon as practicable after becoming aware of such interruption or adjustment in the case of any other interruption or adjustment. Applies this Act to any approved prescription drug that is not a product that was originally derived from human tissue and was replaced by a recombinant product. Sets forth the types of adjustment for which a manufacturer must submit notice, including: (1) adjustments related to the supply of raw materials, (2) adjustments to production capabilities, (3) business decisions that may affect the manufacture of the drug, and (4) other adjustments as determined appropriate by the Secretary.

A bill to amend the Federal Food, Drug, and Cosmetic Act to provide the Food and Drug Administration with improved capacity to prevent drug shortages.

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``District of Columbia Legislative and Budget Autonomy Act of 1998''. (b) References in Act.--Whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the District of Columbia Home Rule Act. SEC. 2. DISTRICT OF COLUMBIA BUDGET AUTONOMY. (a) Enactment of District of Columbia Budget Without Further Congressional Approval.-- (1) In general.--Section 446 (sec. 47-304, D.C. Code) is amended by striking the third, fourth, and fifth sentences and inserting the following: ``Except as provided in section 467(d), section 471(c), section 472(d)(2), section 483(d), and subsections (f) and (g)(3) of section 490, no amount may be obligated or expended by any officer or employee of the District of Columbia government unless such amount has been approved by an act of the Council, and then only in accordance with such authorization.''. (2) Conforming amendments.--(A) Sections 467(d), 471(c), 472(d)(2), and 483(d) and subsections (f) and (g)(3) of section 490 are each amended by striking ``fourth sentence'' and inserting ``second sentence''. (B) Section 412(a) (D.C. Code, sec. 1-229(a)) is amended by striking ``(other than an act to which section 446 applies)''. (3) Clerical amendments.--(A) The heading of section 446 is amended to read as follows: ``enactment of budget by the council'' (B) The item relating to section 446 in the table of contents is amended to read as follows: ``Sec. 446. Enactment of budget by the Council.''. (b) Action by Council of District of Columbia on Budget Acts.-- Section 404(f) (sec. 1-227(f), D.C. Code) is amended by striking ``transmitted by the Chairman to the President of the United States'' both places it appears and inserting ``incorporated in such Act''. (c) Permitting Employees To Be Hired if Position Authorized by Act of the Council.--Section 447 (sec. 47-305, D.C. Code) is amended-- (1) by striking ``Act of Congress'' and inserting ``act of the Council'' both places it appears; and (2) by striking ``Acts of Congress'' and inserting ``acts of the Council''. (d) Amendments to Limitations on Borrowing and Spending by the District To Reflect Changes in Budget Process.-- (1) Federal authority over budget-making process.--Section 603 (sec. 47-313, D.C. Code) is amended-- (A) by striking subsections (a) and (d); and (B) by redesignating subsections (b), (c), and (e) as subsections (a), (b), and (c). (2) Conforming amendments.--(A) Section 443(8) (sec. 47- 302(8), D.C. Code) is amended by striking ``section 603(b)'' and inserting ``section 603(a)''. (B) Section 445 (sec. 47-304, D.C. Code) is amended by striking ``603(c)'' and inserting ``603(b)''. (C) Section 461(a)(1) (sec. 47-321(a), D.C. Code) is amended by striking ``section 603(b)'' and inserting ``section 603(a)''. (D) Section 487(a) (sec. 43-1615(a), D.C. Code) is amended by striking ``section 603(b)'' and inserting ``section 603(a)''. (e) Effective Date.--The amendments made by this section shall apply to budgets of the District of Columbia for fiscal years beginning on or after October 1, 1998. SEC. 3. ELIMINATION OF CONGRESSIONAL REVIEW OF NEWLY-PASSED DISTRICT LAWS. (a) In General.--Section 602 (sec. 1-233, D.C. Code) is amended by striking subsection (c). (b) Congressional Resolutions of Disapproval.-- (1) In general.--The District of Columbia Home Rule Act is amended by striking section 604. (2) Clerical amendment.--The table of contents is amended by striking the item relating to section 604. (3) Exercise of rulemaking power.--This subsection and the amendments made by this subsection are enacted by Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a 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 (B) 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. (c) Conforming Amendments.--(1) Section 303 (sec. 1-205, D.C. Code) is amended-- (A) in subsection (a), by striking the second sentence; and (B) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c). (2) Section 404(e) (sec. 1-227(e), D.C. Code) is amended by striking ``subject to the provisions of section 602(c)'' each place it appears. (3) Section 462 (sec. 47-322, D.C. Code) is amended-- (A) in subsection (a), by striking ``(a) The Council'' and inserting ``The Council''; and (B) by striking subsections (b) and (c). (4) Section 472(d) (sec. 47-328, D.C. Code) is amended by striking ``(1) Notwithstanding'' and all that follows through ``(2)''. (5) Section 2(b)(1) of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-282(b)(1), D.C. Code) is amended by striking ``the appropriate custodian'' and all that follows through ``portion of such act to''. (6) Section 5 of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-285, D.C. Code) is amended by striking ``, and such act'' and all that follows and inserting a period. (7) Section 16 of the District of Columbia Election Code of 1955 (sec. 1-1320, D.C. Code)-- (A) in subsection (j)(2)-- (i) by striking ``sections 404 and 602(c)'' and inserting ``section 404'', and (ii) by striking the second sentence; and (B) in subsection (m)-- (i) in the first sentence, by striking ``the appropriate custodian'' and all that follows through ``parts of such act to'', (ii) by striking ``is held. If, however, after'' and inserting ``is held unless, under'', and (iii) by striking ``section, the act which'' and all that follows and inserting ``section.''. (d) Effective Date.--The amendments made by this section shall apply with respect to each act of the District of Columbia-- (1) passed by the Council of the District of Columbia and signed by the Mayor of the District of Columbia; (2) vetoed by the Mayor and repassed by the Council; (3) passed by the Council and allowed to become effective by the Mayor without the Mayor's signature; and (4) in the case of initiated acts and acts subject to referendum, ratified by a majority of the registered qualified electors voting on the initiative or referendum, on or after October 1, 1998.

District of Columbia Legislative and Budget Autonomy Act of 1998 - Amends the District of Columbia Home Rule Act to provide that the District of Columbia Budget passed by the Council of the District of Columbia shall be enacted without referral to the President or approval by the Congress. Repeals the mandate for congressional review of newly-passed District laws.

District of Columbia Legislative and Budget Autonomy Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cost of Production Safety Net Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Loan commodity.--The term ``loan commodity'' means wheat, corn, oats, rye, barley, and grain sorghums. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. FAIR RETURN COMMODITY LOANS FOR WHEAT AND FEED GRAINS. (a) In General.-- (1) Loans.--For each of the 1998 and subsequent crops of a loan commodity, the Secretary shall make available to producers on a farm described in paragraph (2) nonrecourse fair return commodity loans at such rate as the Secretary determines will provide a fair return to the producers in relation to the cost of production of the loan commodity. (2) Eligibility.--To be eligible to obtain a loan for a loan commodity under paragraph (1), the producers on a farm must agree to forgo obtaining a marketing assistance loan under subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.) with respect to the loan commodity. (b) Loan Rates.-- (1) Wheat and corn.-- (A) In general.--The loan rate for wheat and corn, respectively, determined under subsection (a) shall not be less than 75 percent of the simple average of the annual economic costs of production of wheat and corn, respectively, in the United States during the most recent 5 crop years for which data are available. (B) Calculation.--The costs of production under subparagraph (A) shall be based on the yield for each planted acre, as determined by the Secretary using the economic costs of production data series of the Economic Research Service. (2) Other feed grains.--The loan rate for grain sorghum, barley, and oats, respectively, determined under subsection (a) shall be established at such level as the Secretary determines is fair and reasonable in relation to the rate that loans are made available for corn, taking into consideration the feeding value of the commodity in relation to the feeding value of corn. (c) Term of Loans.-- (1) In general.--Subject to paragraph (2), a fair return commodity loan made under this section shall have a term of 12 months beginning on the first day of the first month after the month in which the loan is made. (2) Extension.--The Secretary may extend the term of a fair return commodity loan made to producers on a farm for any loan commodity for 1 6-month period if the Secretary determines that the extension would be beneficial to the producers in marketing the loan commodity. (d) Repayment Rates.--The Secretary shall permit the producers on a farm to repay a fair return commodity loan under this section for a loan commodity at a rate that is the lesser of-- (1) the loan rate established for the loan commodity under subsection (b), plus interest (as determined by the Secretary); or (2) a rate that the Secretary determines will-- (A) minimize potential loan forfeitures; (B) minimize the accumulation of stocks of the loan commodity by the Federal Government; (C) minimize the cost incurred by the Federal Government in storing the loan commodity; and (D) allow the loan commodity produced in the United States to be marketed freely and competitively, domestically and internationally. SEC. 4. LIMITATIONS. (a) Maximum Quantity of Loan Commodities.--The maximum quantity of a loan commodity that producers on a farm are eligible to place under loan to receive a fair return commodity loan under this Act during any crop year shall be-- (1) in the case of wheat, 20,000 bushels; (2) in the case of corn, 30,000 bushels; and (3) in the case of grain sorghum, barley, and oats, a quantity that the Secretary determines is equivalent to 30,000 bushels of corn. (b) Maximum Amount of Loans and Payments.-- (1) In general.--The total amount of fair return commodity loans that a person shall be entitled to receive under this Act for 1 or more loan commodities during any crop year shall not exceed $100,000. (2) Regulation.-- (A) In general.--The Secretary shall promulgate a regulation-- (i) defining the term ``person'' for purposes of this subsection; and (ii) prescribing such rules as the Secretary determines are necessary to ensure a fair and reasonable application of the limitation established under this subsection. (B) Related provisions.--Except as provided in subsection (g), the regulation shall be consistent with paragraphs (5) through (7) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). (c) Eligibility for Loans and Payments.--To be eligible for a fair return commodity loan for a loan commodity under this Act, the producers on a farm shall-- (1) be individuals who own the loan commodity, directly or indirectly; (2) provide resident, day-to-day labor for and management of the farm; and (3) provide capital investment in-- (A) the operation of the farm; and (B) the leasing or ownership of the farm. SEC. 5. ADMINISTRATION. (a) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to carry out this Act. (b) Related Provisions.--Subtitle E of the Agricultural Market Transition Act (7 U.S.C. 7281 et seq.) shall apply to fair return commodity loans made under this Act. SEC. 6. EXTENSION OF MARKETING ASSISTANCE LOANS. Section 133 of the Agricultural Market Transition Act (7 U.S.C. 7233) is amended by striking subsection (c) and inserting the following: ``(c) Extension.--The Secretary may extend the term of a marketing assistance loan made to producers on a farm for any loan commodity for 1 9-month period if the Secretary determines that the extension would be beneficial to the producers in marketing the loan commodity.''.

Cost of Production Safety Net Act of 1998 - Directs the Secretary of Agriculture to make nonrecourse commodity loans available at fair return rates to wheat or feed grain producers who agree to forgo obtaining marketing assistance loans. Sets forth loan provisions.

Cost of Production Safety Net Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Goods Movement Act for the 21st Century''. SEC. 2. DEFINITIONS. In this Act: (1) Commercial cargo.--The term ``commercial cargo''-- (A) means-- (i) any cargo transported on a commercial vessel, including passengers transported for compensation or hire; and (ii) international maritime cargo; and (B) does not include-- (i) bunker fuel, ship's stores, sea stores, or the legitimate equipment necessary to the operation of a vessel; or (ii) fish or other aquatic animal life caught and not previously landed on shore. (2) Commercial vessel.--The term ``commercial vessel''-- (A) means any vessel used-- (i) in transporting cargo by water for compensation or hire; or (ii) in transporting cargo by water in the business of the owner, lessee, or operator of the vessel; and (B) does not include any ferry engaged primarily in the ferrying of passengers (including their vehicles) between points within the United States, or between the United States and contiguous countries. (3) Ferry.--The term ``ferry'' means any vessel which arrives in the United States on a regular schedule during its operating season at intervals of at least once each business day. (4) International maritime cargo.--The term ``international maritime cargo'' means any cargo moved by ship that is imported directly into the United States from a point outside the United States, including-- (A) cargo that arrives in the United States by ship; or (B) cargo that is unloaded in an intermediate country and arrives in the United States by another form of transit without being altered in any manner in the intermediate country. (5) Low-use port.--The term ``low-use port'' means a port at which not more than 1,000,000 tons of cargo is transported each calendar year. (6) Point of entry.--The term ``point of entry'' means a place where commercial cargo enters the United States. (7) Port.-- (A) In general.--Except as provided in subparagraphs (B) and (C), or otherwise specifically provided in this Act, the term ``port'' means any channel or harbor (or component thereof) in the United States, which-- (i) is not an inland waterway; and (ii) is open to public navigation. (B) Exception for certain facilities.--The term ``port'' does not include any channel or harbor with respect to which no Federal funds have been used since 1977 for construction, maintenance, or operation, or which was deauthorized by Federal law before 2013. (C) Special rule for the columbia river.--The term ``port'' shall include the channels of the Columbia River in the States of Oregon and Washington only up to the downstream side of the Bonneville Lock and Dam. (8) Super donor port.-- (A) In general.--The term ``super donor port'' means a port for which average expenditures in the 5 previous fiscal years-- (i) for fiscal years beginning prior to the date of the enactment of this Act, from the Harbor Maintenance Trust Fund pursuant to section 9505(c)(1) of the Internal Revenue Code of 1986 (relating to expenditures from the Harbor Maintenance Trust Fund) are less than 10 percent of the total average amount of harbor maintenance taxes collected through landings at such port in such fiscal years; or (ii) for fiscal years beginning after such date of enactment, from the amounts collected for the Maritime Goods Movement User Fee are less than 10 percent of the total average amount of such Fees collected through landings at such port. (B) Included expenditures.--The amount of expenditures under subparagraph (A) shall only include expenditures made at such a port in the immediate harbor area containing docks and other facilities utilized for the loading and unloading of foreign waterborne commerce and in any navigational channels in the United States that are necessary for the transportation of such foreign waterborne commerce between such immediate harbor areas and foreign ports. (9) Value.--The term ``value'' means-- (A) with respect to domestic commercial cargo, the value as determined by standard commercial documentation; (B) with respect to imported commercial cargo, the appraised value for duty as determined under section 402 of the Tariff Act of 1930 (19 U.S.C. 1401a); or (C) with respect to the transportation of passengers for hire, the actual charge paid for such service or the prevailing charge for comparable service if no actual charge is paid. SEC. 3. ESTABLISHMENT OF MARITIME GOODS MOVEMENT USER FEE. (a) Establishment of Fee.-- (1) In general.--Except as otherwise provided in this section, there is imposed a Maritime Goods Movement User Fee on all commercial cargo-- (A) unloaded from or loaded on a commercial vessel at a port; or (B) that enters the United States at a point of entry. (2) Effective date.--The Maritime Goods Movement User Fee shall be imposed on commercial cargo under paragraph (1) beginning on October 1 of the first fiscal year beginning after the date of the enactment of this Act. (b) Fee Amount.--The amount of the Maritime Goods Movement User Fee shall be an amount equal to 0.125 percent of the value of the commercial cargo. (c) Collection of Fee.--The Maritime Goods Movement User Fee shall be collected by U.S. Customs and Border Protection. (d) Time of Imposition of Fee.--The Maritime Goods Movement User Fee shall be imposed on commercial cargo at the time-- (1) the commercial cargo is unloaded from or loaded on a commercial vessel at a port in the United States; or (2) the commercial cargo enters the United States at a point of entry. (e) Inapplicability to Cargo.--No Maritime Goods Movement User Fee shall be imposed under this section on any export of the United States. (f) Coordination of Fee Where Transportation Subject to Tax Imposed Under 4042 of the Internal Revenue Code.--No Maritime Goods Movement User Fee shall be imposed under this section with respect to the loading or unloading of any cargo on or from a vessel if any fuel of such vessel has been (or will be) subject to the tax imposed by section 4042 of the Internal Revenue Code of 1986 (relating to tax on fuels used in commercial transportation on inland waterways). (g) Special Rule for Alaska, Hawaii, and Possessions.-- (1) In general.--No Maritime Goods Movement User Fee shall be imposed on-- (A) cargo loaded on a vessel in a port in the United States mainland for transportation to Alaska, Hawaii, or any possession of the United States for ultimate use or consumption in Alaska, Hawaii, or any possession of the United States; (B) cargo loaded on a vessel in Alaska, Hawaii, or any possession of the United States for transportation to the United States mainland, Alaska, Hawaii, or such a possession for ultimate use or consumption in the United States mainland, Alaska, Hawaii, or such a possession; (C) the unloading of cargo described in subparagraph (A) or (B) in Alaska, Hawaii, or any possession of the United States, or in the United States mainland, respectively; or (D) cargo loaded on a vessel in Alaska, Hawaii, or a possession of the United States and unloaded in the State or possession in which loaded, or passengers transported on United States flag vessels operating solely within the State waters of Alaska or Hawaii and adjacent international waters. (2) Cargo.--For purposes of this subsection, the term ``cargo'' does not include crude oil with respect to Alaska. (3) United states mainland.--For purposes of this section, the term ``United States mainland'' means the continental United States (not including Alaska). (h) Special Rules.--Except as provided by regulations: (1) Fee imposed only once.--The Maritime Goods Movement User Fee shall be imposed on the same commercial cargo only 1 time. (2) Exception for intraport movements.--Under regulations, no Maritime Goods Movement User Fee shall be imposed on the mere movement of commercial cargo within a port. (3) Relay cargo.--Only 1 Maritime Goods Movement User Fee shall be imposed on cargo (moving under a single bill of lading) which is unloaded from one vessel and loaded onto another vessel at any port in the United States for relay to or from any port in Alaska, Hawaii, or any possession of the United States. For purposes of this paragraph, the term ``cargo'' does not include any item not treated as cargo under subsection (g)(2). (i) Exemption for United States.--No Maritime Goods Movement User Fee shall be imposed on the United States or any agency or instrumentality thereof. (j) Exemption for Humanitarian and Development Assistance Cargos.-- No Maritime Goods Movement User Fee shall be imposed on any nonprofit organization or cooperative for cargo which is owned or financed by such nonprofit organization or cooperative and which is certified by the U.S. Customs and Border Protection as intended for use in humanitarian or development assistance overseas. (k) Limitation on Collection of Fee.--No fee may be collected under this section except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act. (l) Receipts Credited as Offsetting Collections.--Notwithstanding section 3302 of title 31, United States Code, any fee collected under this section-- (1) shall be credited as offsetting collections to the accounts that finance the activities and services detailed in section 4; (2) shall be available for expenditure only to pay the costs of activities and services detailed in section 4; and (3) shall remain available until expended. SEC. 4. EXPENDITURES OF MARITIME GOODS MOVEMENT USER FEE. (a) Administrative Costs.--Up to $10,000,000 of the amount of the Maritime Goods Movement User Fees collected during any fiscal year shall be used for payment of expenses of administration incurred by the Department of Homeland Security, the Army Corps of Engineers, and the Department of Transportation. (b) Other Expenditures.--The amounts of the Maritime Goods Movement User Fees collected for a fiscal year that are not used for administration under subsection (a) shall be allocated as follows: (1) Harbor maintenance programs.--For the first 5 fiscal years beginning after the date of the enactment of this Act, 95 percent, and for each fiscal year thereafter 80 percent, of such amounts shall be available to pay up to 100 percent of the eligible operations and maintenance costs assigned to commercial navigation of all harbors and inland harbors within the United States, as authorized by section 210(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)), including the Federal share of the cost of-- (A) maintenance of Federal navigation projects to their authorized depths and widths; (B) disposal of maintenance dredged material; (C) construction and maintenance of dredged material placement facilities; (D) projects or activities for the beneficial use of dredged material or sand mitigation; (E) jetties, breakwaters, bridges, and other navigation structures; and (F) related studies and surveys. (2) Low-use ports.--Of the amounts made available each fiscal year for harbor maintenance programs under paragraph (1), up to 8 percent shall be allocated for low-use ports. Special emphasis shall be placed on low-use ports where there is a Coast Guard presence and low-use ports which the Coast Guard determines to be restricted navigation areas or harbors of refuge. (3) Competitive grant program for goods movement.-- (A) Super donor ports.--For each fiscal year beginning with the sixth fiscal year beginning after the date of the enactment of this Act, 15 percent of the amounts of the Maritime Goods Movement User Fee not used for administration under subsection (a), shall be allocated to super donor ports to carry out projects or activities described in paragraphs (1), (2), and (3) of section 5(e). (B) Other uses.--For each fiscal year beginning after the date of the enactment of this Act, 5 percent of the amounts of the Maritime Goods Movement User Fee not used for administration under subsection (a) shall be allocated to carry out projects or activities described in paragraphs (4), (5), and (6) of subsection 5(e). SEC. 5. COMPETITIVE GRANT PROGRAM FOR GOODS MOVEMENT. (a) Establishment of Grant Program.--There is established a Competitive Grant Program for Goods Movement to be administered by the Secretary of Transportation in consultation with the Assistant Secretary of the Army for Civil Works. (b) Purpose.--The purpose of the Competitive Grant Program for Goods Movement is to provide financial assistance for capital investments that improve the efficiency of the transportation system of the United States to move international maritime cargo. (c) Project Eligibility.-- (1) Minimum number of grantees.--For each fiscal year, there shall be no less than-- (A) 3 grantees that are super donor ports; and (B) 3 grantees that are eligible entities under subsection (d). (2) Cost-share.--The Federal cost share of a project awarded a grant under this section shall be no more than 50 percent of the total cost. (d) Eligible Entity.--A grant under this section may only be awarded to a State or local government entity, including a port authority. (e) Eligible Projects.--A grant awarded under this section may be used for the following: (1) Any in-water improvement in the navigable waters in or near such port that the Secretary of the Army is authorized to make, including environmental remediation and habitat mitigation if certified by the Assistant Secretary to improve the movement of international maritime cargo. (2) Any in water improvement in berthing areas in such port pursuant to a channel widening or deepening project. (3) Maintenance of berthing areas adjacent to navigational channels in such port. (4) Improvements to an intermodal corridor facility project to benefit international maritime cargo as certified by the Secretary of Transportation or designee, in consultation with the Assistant Secretary of the Army for Civil Works or designee. (5) Improvements to a land port of entry project to benefit international maritime cargo as certified by the Secretary of Transportation or designee, in consultation with the Assistant Secretary of the Army for Civil Works or designee. (6) A project that improves access to a port or intermodal terminal facility to benefit international maritime cargo as certified by the Secretary of Transportation or designee, in consultation with the Assistant Secretary of the Army for Civil Works or designee. SEC. 6. REPEAL OF HARBOR MAINTENANCE TAX. (a) In General.--Subchapter A of chapter 36 of the Internal Revenue Code of 1986 is repealed. (b) Conforming Amendment.--The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by striking the item relating to subchapter A. (c) Effective Date.--The amendments made by this section shall apply to port uses (as defined in section 4462 of such Code, as in effect on the day before the date of the enactment of this Act) on or after October 1 of the first fiscal year beginning after the date of the enactment of this Act. SEC. 7. TREATMENT OF BALANCES FROM THE HARBOR MAINTENANCE TRUST FUND. Any remaining balances in the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986 (relating to expenditures from the Harbor Maintenance Trust Fund) shall remain available until expended in accordance with the requirements of subsection (c) of that section. SEC. 8. APPLICATION OF WAGE REQUIREMENTS. Nothing in this Act shall be construed to prevent the application of wage requirements otherwise applicable to harbor maintenance improvement projects on the date of enactment of this Act.

Maritime Goods Movement Act for the 21st Century - Directs the U.S. Customs and Border Protection (CBP) to impose a Maritime Goods Movement User Fee of 0.125% on all commercial cargo (except a U.S. export) that: (1) is unloaded from or loaded on a commercial vessel at a U.S. port, or (2) enters a U.S. point of entry. Prescribes a special rule prohibiting the imposition of such fee on: (1) cargo (except crude oil with respect to Alaska) loaded on a vessel in a mainland U.S. port and transported for use or consumption in Alaska, Hawaii, or any U.S. possession; (2) cargo loaded on a vessel in Alaska, Hawaii, or any U.S. possession and transported for use or consumption in the U.S. mainland, Alaska, Hawaii, or U.S. possession; (3) the unloading of such cargo in Alaska, Hawaii, or U.S. possession, or U.S. mainland, respectively; or (4) cargo loaded on a vessel in Alaska, Hawaii, or U.S. possession and unloaded in the state or U.S. possession in which loaded, or passengers transported on U.S.-flag vessels operating solely within Alaskan or Hawaiian waters and adjacent international waters. Prohibits imposition of such fee on: (1) on the United States or any U.S. agency, or (2) a nonprofit organization or cooperative for cargo intended for use in humanitarian or development assistance overseas. Requires use of up to $10 million of fees collected during any fiscal year for administrative expenses of the Department of Homeland Security (DHS), the Army Corps of Engineers, and the Department of Transportation (DOT). Makes certain fee allocations for: (1) harbor maintenance programs; (2) low-use ports; and (3) super donor ports to carry out projects or activities under a competitive grant for maritime improvement projects for movement of goods, as well as for other specified maritime improvement projects for movement of international maritime cargo. Defines "super donor port" as a port for which average expenditures in the 5 previous fiscal years: (1) from the Harbor Maintenance Trust Fund, for fiscal years beginning before enactment of this Act, are less than 10% percent of the total average amount of harbor maintenance taxes collected through landings at the port in such fiscal years; or (2) from the amounts collected for the Maritime Goods Movement User Fee, for fiscal years starting after enactment of this Act, are less than 10% of the total average amount of such fees collected through landings at the port. Establishes a Competitive Grant Program for Goods Movement. Amends the Internal Revenue Code to repeal the harbor maintenance tax. Declares that nothing in this Act shall be construed to prevent application of requirements that locally prevailing wages (Davis-Bacon Act) be paid to various classes of laborers and mechanics working on harbor maintenance improvement projects.

Maritime Goods Movement Act for the 21st Century

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grandparents Raising Grandchildren Assistance Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) many grandparents throughout the United States are the primary caregivers to their grandchildren and such grandparents are essentially starting over as parents; (2) grandparents are acting as parents for a second time primarily because of problems relating to the natural parents of their grandchildren such as drug and alcohol addiction, abuse, divorce, AIDS and other health problems, and teenage pregnancy; (3) grandparents and the grandchildren for whom they provide care often suffer legal, financial, emotional, and bureaucratic hardships; and (4) it is desirable to develop national policies that assist grandparents who are serving as the primary caregivers to their grandchildren. SEC. 3. GRANDCHILD SOCIAL SECURITY BENEFITS BASED ONLY ON DEPENDENCY. (a) In General.--Subsection (e) of section 216 of the Social Security Act (42 U.S.C. 416) is amended-- (1) by striking ``, but only if'' in the first sentence and all that follows through ``such individual died''; and (2) by striking the last sentence. (b) Additional Requirements if Parents Are Alive.--Section 202(d)(9) of the Social Security Act (42 U.S.C. 402(d)(9)) is amended by adding at the end the following new subparagraph: ``(C) If-- ``(i) a child is treated as a child of an individual under clause (3) of the first sentence of section 216(e), and ``(ii) a natural or adoptive parent of the child is living at the time specified in paragraph (1)(C) of this subsection, such child shall not be treated as dependent on such individual as of such time unless the period described in subparagraphs (A) and (B) is two years, and the natural or adoptive parent, if over the age of 18 years, is not a dependent for whom a deduction is allowable under section 151 of the Internal Revenue Code of 1986 to such individual.''. (c) Suspension of Benefits if Child Reunites With Parents.--Section 202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (F); (2) by striking the period at the end of subparagraph (G) and inserting ``; or''; and (3) by inserting after subparagraph (G) the following new subparagraph: ``(H) in the case of a child described in paragraph (9)(C), the first month during which such child lives with such child's natural or adoptive parent who has attained the age of 18 and who is not a dependent as described in such paragraph.''. (d) Effective Date.--The amendments made by this section shall apply to benefits payable for months after the date of the enactment of this Act, but only on the basis of applications filed after such date. SEC. 4. DEVELOPMENT OF OPTIONAL MODEL PROCEDURE FOR NOTIFYING RELATIVES PRIOR TO PLACEMENT OF A CHILD IN FOSTER CARE. (a) In General.--Part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended by inserting after section 477 the following new section: ``development of model procedure for notifying relatives prior to placement of a child in foster care ``Sec. 478. Not later than 180 days after the date of the enactment of this section, the Secretary shall develop a model procedure to be used by any State with a plan approved under this part which ensures that reasonable efforts will be made prior to the placement of a child in foster care to give notice to a relative (including a maternal or fraternal grandparent, adult sibling, aunt, or uncle) who might be available to care for the child.''. (b) State Option to Establish Model Procedure.--Subsection (a) of section 471 of the Social Security Act (42 U.S.C. 671) is amended-- (1) by striking ``and'' at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(18) at the option of the State, provides that the State agency will establish the procedure developed by the Secretary under section 478 or an alternate procedure for notifying relatives prior to the placement of a child in foster care.''. (c) Effective Date.--The amendments made by this section shall be effective on the date of the enactment of this Act. SEC. 5. MODEL STANDARDS FOR INSURANCE COVERAGE OF DEPENDENTS. (a) Development of Model Standards.--If, within 1-year after the date of the enactment of this section, the National Association of Insurance Commissioners has not developed model standards for the coverage of dependents under health insurance policies, the Secretary of Health and Human Services (hereafter in this section referred to as the ``Secretary''), shall develop such standards not later than 180 days after the end of such 1-year period. (b) Distribution of Model Standards.--If the Secretary develops model standards under subsection (a), the Secretary shall distribute such standards to the commissioner of insurance, or any similar official, of each State. SEC. 6. CENSUS DATA ON GRANDPARENTS AS PRIMARY CAREGIVERS FOR THEIR GRANDCHILDREN. (a) In General.--Not later than 90 days after the date of the enactment of this section, the Secretary of Commerce (hereafter in this section referred to as the ``Secretary''), in carrying out the provisions of section 141 of title 13, United States Code, shall expand the data collection efforts of the Bureau of the Census (hereafter in this section referred to as the ``Bureau'') to enable the Bureau to collect statistically significant data, in connection with its decennial census and its mid-decade census, concerning the growing trend of grandparents who are the primary caregivers for their grandchildren. (b) Expanded Census Question.--In carrying out the provisions of subsection (a), the Secretary shall expand the Bureau's census question that details households which include both grandparents and their grandchildren. The expanded question shall be formulated to distinguish between the following households: (1) a household in which a grandparent temporarily provides a home for a grandchild for a period of weeks or months during periods of parental distress; and (2) a household in which a grandparent provides a home for a grandchild and serves as the primary caregiver for the grandchild. SEC. 7. GRANTS FOR THE ESTABLISHMENT AND OPERATION OF A NATIONAL RESOURCE CENTER FOR GRANDPARENTS. (a) In General.--Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended by adding at the end the following: ``(f)(1) The Commissioner shall make grants to, or enter into contracts with, one eligible entity to establish and operate the National Resource Center for Grandparents (referred to in this subsection as the `Center') to serve as a central source of information and assistance to older individuals who-- ``(A) raise their grandchildren; ``(B) encounter problems obtaining access to their grandchildren for purposes of visitation; or ``(C) need financial, legal, emotional, or informational assistance regarding their relationship with their grandchildren. ``(2) The Center shall-- ``(A) be staffed by employees and volunteers, including such older individuals; ``(B) provide a toll-free telephone number to increase access to the information and assistance available from the Center; ``(C) collect and make available to such older individuals information regarding programs, projects, and activities of public and private entities (including governmental entities) relating to the matters described in subparagraphs (A), (B), and (C) of paragraph (1), including information on State law regarding grandparent visitation and Federal assistance available to such older individuals; and ``(D) refer individual grandparents to public and private entities that provide information or assistance regarding the rearing of grandchildren, including information regarding the prevention of drug abuse and the promotion of good health and nutrition. ``(3) For purposes of this subsection, the term `eligible entity' means a nonprofit private organization with a demonstrated record of experience in representing the concerns of older individuals with respect to their relationship to their grandchildren.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

Grandparents Raising Grandchildren Assistance Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to qualify grandchildren for social security benefits based only on their dependency on social security recipients. Sets special rules if one of a grandchild's natural or adoptive parents is living. Provides for suspension of such benefits in the event the grandchild reunites with a natural or adoptive parent. Amends part E (Foster Care and Adoption Assistance) of SSA title IV to direct the Secretary of Health and Human Services to develop a model procedure for States to use in notifying relatives before the placement of a child in foster care. Directs the Secretary, if the National Association of Insurance Commissioners (NAIC) has not done so by a specified deadline, to develop model standards for the coverage of dependents under health insurance policies. Requires the Secretary of Commerce to expand the data collection efforts of the Bureau of the Census to enable it to collect statistically significant data on the growing trend of grandparents who are the primary caregivers for their grandchildren. Amends the Older Americans Act of 1965 to direct the Commissioner on Aging to make grants to or enter contracts with one eligible entity to establish and operate the National Resource Center for Grandparents to serve as a central source of information and assistance to older individuals who: (1) raise their grandchildren; (2) encounter problems obtaining visitation access to their grandchildren; or (3) need financial, legal, emotional, or informational assistance regarding their relationship with their grandchildren.

Grandparents Raising Grandchildren Assistance Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect and Save Act of 2012''. SEC. 2. AUTHORITY TO DISCLOSE RETURN AND RETURN INFORMATION IN FEDERAL AND STATE PROSECUTION LAW ENFORCEMENT. (a) In General.--Subsection (k) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(11) Disclosure of certain return information in connection with identity theft and fraudulent returns.-- ``(A) In general.--In the case of an investigation pertaining to the misuse of the identity of another person for purposes of filing a false or fraudulent return of tax, upon receipt of a written request which meets the requirements of subparagraph (C), the Secretary may disclose return information to officers and employees of any Federal law enforcement agency, or any officers and employees of any State or local law enforcement agency, who are personally and directly engaged in the investigation of any crimes implicated in such misuse, but only if any such law enforcement agency is part of a team with the Internal Revenue Service in such investigation. ``(B) Limitation on use of information.-- Information disclosed under this subparagraph shall be solely for the use of such officers and employees to whom such information is disclosed in such investigation. ``(C) Requirements.--A request meets the requirements of this clause if-- ``(i) the request is made by the head of the agency (or his delegate) involved in such investigation, and ``(ii) the request sets forth the specific reason why such disclosure may be relevant to the investigation. ``(D) Notification.--The Secretary shall determine whether or not to grant the disclosure request described in subparagraph (A) and notify the petitioning law enforcement agency within 30 days of receiving the request. This determination shall be expedited in instances where the crimes of murder, murder for hire, or arson are involved as certified by the requesting agency's head.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 6103(a) of such Code is amended by inserting ``or (k)(11)'' after ``subsection (i)(7)(A)''. (2) Paragraph (4) of section 6103(p) of such Code is amended-- (A) in the matter preceding subparagraph (A) by inserting ``or (11)'' after ``(k)(10)'', and (B) in subparagraph (F)(ii) by striking ``or (10)'' and inserting ``(10) or (11)''. (3) Paragraph (2) of section 7213(a) of such Code is amended by inserting ``(k)(11),'' after ``(7)(A)(ii),''. (c) Effective Date.--The amendment made by subsection (a) shall apply to disclosures made after the date of the enactment of this Act. (d) Rule of Construction.--Nothing in section 6103 of the Internal Revenue Code of 1986 may be construed to prohibit Federal law enforcement officials from coordinating with State and local law enforcement agencies already investigating related crimes. SEC. 3. LOCAL LAW ENFORCEMENT LIAISON. Section 7803 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Local Law Enforcement Liaison.-- ``(1) Establishment.--The Commissioner of Internal Revenue shall establish within the Criminal Investigation Division of the Internal Revenue Service the position of Local Law Enforcement Liaison. ``(2) Duties.--The Local Law Enforcement Liaison shall-- ``(A) coordinate the investigation of tax fraud with State and local law enforcement agencies, ``(B) communicate the status of tax fraud cases involving identity theft, and ``(C) carry out such other duties as delegated by the Commissioner of Internal Revenue.''. SEC. 4. PIN SYSTEM FOR PREVENTION OF IDENTITY THEFT TAX FRAUD. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall implement an identify theft tax fraud prevention program under which-- (1) a person who has filed an identity theft affidavit with the Secretary may elect-- (A) to be provided with a unique personal identification number to be included on any Federal tax return filed by such person, or (B) to prevent the processing of any Federal tax return submitted in an electronic format by a person purporting to be such person, and (2) the Secretary will provide additional identity verification safeguards for the processing of any Federal tax return filed by a person described in paragraph (1) in cases where a unique personal identification number is not included on the return. SEC. 5. STUDY ON THE USE OF PREPAID DEBIT CARDS AND COMMERCIAL TAX PREPARATION SOFTWARE IN TAX FRAUD. (a) In General.--The Comptroller General of the United States shall conduct a study to examine the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft. (b) Report.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report with the results of the study conducted under subsection (a), together with any recommendations. SEC. 6. STUDY ON THE USE OF E-FILING IN TAX FRAUD. (a) In General.--The Comptroller General of the United States shall conduct a study to examine the role filing tax returns electronically (e-filing) and electronic tax returns play in either facilitating or preventing fraudulent tax returns through identity theft. (b) Report.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report with the results of the study conducted under subsection (a), together with any recommendations. SEC. 7. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE. (a) In General.--The Secretary of Commerce shall not disclose information contained on the Death Master File to any person with respect to any individual who has died at any time during the previous two calendar years in which the request for disclosure is made or the succeeding calendar year unless such person is certified under the program established under subsection (b). (b) Certification Program.-- (1) In general.--The Secretary of Commerce shall establish a program to certify persons who are eligible to access the information described in subsection (a) contained on the Death Master File. (2) Certification.--A person shall not be certified under the program established under paragraph (1) unless the Secretary determines that such person has a legitimate fraud prevention interest in accessing the information described in subsection (a). (c) Imposition of Penalty.--Any person who is certified under the program established under subsection (b), who receives information described in subsection (a), and who during the period of time described in subsection (a)-- (1) discloses such information to any other person, or (2) uses any such information for any purpose other than to detect or prevent fraud, shall pay a penalty of $1,000 for each such disclosure or use, but the total amount imposed under this subsection on such a person for any calendar year shall not exceed $50,000. (d) Exemption From Freedom of Information Act Requirement With Respect to Certain Records of Deceased Individuals.-- (1) In general.--The Social Security Administration shall not be compelled to disclose to any person who is not certified under the program established under subsection (b) the information described in subsection (a). (2) Treatment of information.--For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of such section 552. SEC. 8. EXTENSION OF AUTHORITY TO DISCLOSE CERTAIN RETURN INFORMATION TO PRISON OFFICIALS. (a) In General.--Section 6103(k)(10) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (b) Report From Federal Bureau of Prisons.--Not later than 6 months after the date of the enactment of this Act, the head of the Federal Bureau of Prisons shall submit to Congress a detailed plan on how it will use the information provided from the Secretary of Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud. (c) Sense of House Regarding State Prison Authorities.--It is the sense of the House that the heads of State agencies charged with the administration of prisons should-- (1) develop plans for using the information provided by the Secretary of Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud, and (2) coordinate with the Internal Revenue Service with respect to the use of such information. SEC. 9. TREASURY REPORT ON INFORMATION SHARING BARRIERS WITH RESPECT TO IDENTITY THEFT. (a) Review.-- (1) In general.--The Secretary of the Treasury (or the Secretary's delegate) shall review whether current Federal tax laws and regulations related to the confidentiality and disclosure of return information prevent the effective enforcement of local, State, and Federal identity theft statutes. The review shall consider whether greater information sharing between the Internal Revenue Service and Federal, State and local law enforcement authorities would improve the enforcement of criminal laws at all levels of government. (2) Consultation.--In conducting the review under paragraph (1), the Secretary shall solicit the views of, and consult with, State and local law enforcement officials. Among the Federal agencies the Secretary shall consult in conducting the review are the following: (A) The Department of Veterans Affairs. (B) The Department of Justice. (C) The United States Postal Inspection Service. (D) The Social Security Administration. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report with the results of the review conducted under subsection (a), along with any legislative recommendations, to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.

Protect and Save Act of 2012 - Amends the Internal Revenue Code to: (1) authorize the Secretary of the Treasury to disclose tax return information to federal and state law enforcement agencies to assist in the investigation of the misuse of the identity of another person for purposes of filing a false or fraudulent tax return, (2) direct the Commissioner of Internal Revenue to establish within the Criminal Investigation Division of the Internal Revenue Service (IRS) the position of Local Law Enforcement Liaison to coordinate the investigation of tax fraud with state and local law enforcement agencies, and (3) make permanent the authority of the Secretary to disclose tax return information to federal and state prison officials to prevent the filing of false or fraudulent tax returns by prison inmates. Requires the Secretary of the Treasury to: (1) implement an identity theft tax fraud prevention program; and (2) review whether current tax laws and regulations related to the confidentiality and disclosure of tax return information prevent the effective enforcement of federal, state, and local identity theft statutes. Requires the Comptroller General (GAO) to conduct a study and report on: (1) the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft, and (2) the role e-filing and electronic tax returns play in either facilitating or preventing fraudulent tax returns through identity theft. Prohibits the Secretary of Commerce from disclosing information contained on the Death Master File relating to a deceased individual to persons who are not certified to access such information. Requires the head of the Federal Bureau of Prisons to submit a detailed plan to Congress on how information obtained from the IRS will be used to reduce prison tax fraud.

To amend the Internal Revenue Code of 1986 to prevent identity theft and tax fraud, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Misclassification Prevention Act''. SEC. 2. CLASSIFICATION OF EMPLOYEES AND NON-EMPLOYEES. (a) Recordkeeping and Notice Requirements.--Section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended-- (1) by striking ``(c) Every employer subject to any provision of this Act or of any order issued under this Act'' and inserting the following: ``(c) Recordkeeping and Notice Requirements.-- ``(1) In general.--Every person subject to any provision of this Act or of any order issued under this Act''; (2) by striking ``of the persons employed by him'' and inserting the following: ``of-- ``(A) each individual employed by such person''; (3) by striking ``employment maintained by him, and shall'' and inserting the following: ``employment; ``(B) subject to paragraph (2), each individual-- ``(i) who is not an employee within the meaning given the term in section 3(e) (referred to in this subsection as a `non- employee'); ``(ii) whom the person has engaged, in the course of the person's trade or business, for the performance of labor or services; and ``(iii)(I) with respect to whom the person is required to file an information return under section 6041A(a) of the Internal Revenue Code of 1986; or ``(II) who is providing labor or services to the person through an entity that is a trust, estate, partnership, association, company, or corporation (as such terms are used in section 7701(a)(1) of the Internal Revenue Code of 1986) if-- ``(aa) such individual has an ownership interest in the entity; ``(bb) creation or maintenance of such entity is a condition for the provision of such labor or services to the person; and ``(cc) the person would be required to file an information return for the entity under section 6041A(a) of the Internal Revenue Code of 1986 if the entity were an individual; and ``(C) the remuneration and hours relating to the performance of labor or services by each individual described in subparagraph (B); and ``(D) the notices required under paragraph (5), and shall''; and (4) by adding at the end the following: ``(2) Recordkeeping limitation.--A person otherwise subject to the requirements of paragraph (1) shall have no responsibility for making, keeping, or preserving records, including the records described in such paragraph and paragraph (4), concerning the employees of any individual described in paragraph (1)(B) or the non-employees with whom such individual has engaged for the performance of labor or services for such person, unless such records are provided during the course of the trade or business to the person. ``(3) Presumption.-- ``(A) In general.--For purposes of this Act and the regulations or orders issued under this Act, an individual who is employed, or who is remunerated for the performance of labor or services, by a person, shall be presumed to be an employee of the person if-- ``(i) the person has not made, kept, and preserved records in accordance with subparagraphs (B) and (C) of paragraph (1) regarding the individual; or ``(ii) the person has not provided the individual with the notice required under paragraph (5). ``(B) Rebuttal.--The presumption under subparagraph (A) shall be rebutted only through the presentation of clear and convincing evidence that an individual described in such subparagraph is not an employee (within the meaning of section 3(e)) of the person. ``(4) Accurate classification.--An accurate classification of the status of each individual described in paragraph (1) as either an employee (within the meaning of section 3(e)) of the person maintaining the records or a non-employee of such person shall be included within the records under this subsection. ``(5) Notice.-- ``(A) In general.--Every person subject to any provision of this Act or of any order issued under this Act shall provide the notice described in subparagraph (C) to each employee of the person and each individual classified by the person as a non-employee under paragraph (1)(B). ``(B) Timing of notice.-- ``(i) In general.--Such notice shall be provided, at a minimum, not later than 6 months after the date of enactment of the Employee Misclassification Prevention Act, and thereafter-- ``(I) for new employees, upon employment; and ``(II) for new non-employees who are classified under paragraph (1)(B), upon commencement of the labor or services described in such paragraph. ``(ii) Change in status.--Each person required to provide notice under subparagraph (A) to an individual shall also provide such notice to such individual upon changing such individual's status as an employee or non- employee under paragraph (1). ``(C) Contents of notice.--The notice required under this paragraph shall be in writing and shall-- ``(i) inform the individual of the individual's classification, by the person submitting the notice, as an employee or a non- employee under paragraph (1); ``(ii) include a statement directing such individual to a Department of Labor Web site established for the purpose of providing further information about the rights of employees under the law; ``(iii) include the address and telephone number for the applicable local office of the United States Department of Labor; ``(iv) include for each individual classified as a non-employee under paragraph (1)(B) by the person submitting the notice, the following statement: `Your rights to wage, hour, and other labor protections depend upon your proper classification as an employee or non-employee. If you have any questions or concerns about how you have been classified or suspect that you may have been misclassified, contact the U.S. Department of Labor.'; and ``(v) include such additional information as the Secretary shall prescribe by regulation.''. (b) Special Prohibited Acts.--Section 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)) is amended-- (1) by striking paragraph (3) and inserting the following: ``(3) to discharge or in any other manner discriminate against any individual (including an employee) because such individual has-- ``(A) opposed any practice, or filed a petition or complaint or instituted or caused to be instituted any proceeding-- ``(i) under or related to this Act (including concerning an individual's status as an employee or non-employee for purposes of this Act); or ``(ii) concerning an individual's status as an employee or non-employee for employment tax purposes within the meaning of subtitle C of the Internal Revenue Code of 1986; ``(B) testified or is about to testify in any proceeding described in subparagraph (A); or ``(C) served, or is about to serve, on an industry committee;''; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) to fail to accurately classify an individual as an employee.''. (c) Special Penalty for Certain Misclassification, Recordkeeping, and Notice Violations.--Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (b)-- (A) in the sixth sentence, by striking ``any employee'' each place the term occurs and inserting ``any employee or individual''; (B) in the fourth sentence, by striking ``employee'' and inserting ``employee or individual''; (C) in the third sentence-- (i) by striking ``either of the preceding sentences'' and inserting ``any of the preceding sentences''; (ii) by striking ``one or more employees'' and inserting ``one or more employees or individuals''; and (iii) by striking ``other employees'' and inserting ``other employees or individuals, respectively,''; and (D) by inserting after the first sentence the following: ``Such liquidated damages are doubled (subject to section 11 of the Portal-to-Portal Pay Act of 1947 (29 U.S.C. 260)) where, in addition to violating the provisions of section 6 or 7, the employer has violated the provisions of section 15(a)(6) with respect to such employee or employees.''; and (2) in subsection (e), by striking paragraph (2) and inserting the following: ``(2) Any person who violates section 6, 7, 11(c), or 15(a)(6) shall be subject to a civil penalty, for each employee or other individual who was the subject of such a violation, in an amount-- ``(A) not to exceed $1,100; or ``(B) in the case of a person who has repeatedly or willfully committed such violation, not to exceed $5,000.''. (d) Employee Rights Web Site.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall establish, for purposes of section 11(c)(5)(C)(ii) of the Fair Labor Standards Act of 1938 (as added by this Act), a single web page on the Department of Labor Web site that summarizes in plain language the rights of employees as described in the amendments made by subsection (a) and other information considered appropriate by the Secretary, including appropriate links to additional information on the Department of Labor Web site or other Federal agency Web sites. In addition, such web page-- (A) shall include a statement explaining that employees may have additional or greater rights under State or local laws and how employees may obtain additional information about their rights under State or local laws; (B) shall be made available in English and any other languages that the Secretary determines to be prevalent among individuals likely to access the web page; and (C) may provide a link to permit individuals to file complaints online. (2) Coordination with other federal web sites.--The Secretary shall coordinate with other relevant Federal agencies in order to provide information similar to the information described in paragraph (1) (or a link to the Department of Labor web page required by this subsection) on the Web sites of such other agencies. SEC. 3. MISCLASSIFICATION OF EMPLOYEES FOR UNEMPLOYMENT COMPENSATION PURPOSES. (a) In General.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended-- (1) in paragraph (10), by striking the period and inserting ``; and''; and (2) by adding after paragraph (10) the following: ``(11)(A) Such auditing and investigative procedures as may be necessary to identify employers that have not registered under the State law or that are paying unreported wages, where these actions or omissions by the employers have the effect of excluding employees from unemployment compensation coverage; and ``(B) The making of quarterly reports to the Secretary of Labor (in such form as the Secretary of Labor may require) describing the results of the procedures under subparagraph (A); and ``(12) The establishment of administrative penalties for misclassifying employees, or paying unreported wages to employees without proper recordkeeping, for unemployment compensation purposes.''. (b) Review of Auditing Programs.--The Secretary of Labor shall include, in the Department of Labor's system for measuring States' performance in conducting unemployment compensation tax audits, a specific measure of their effectiveness in identifying the underreporting of wages and the underpayment of unemployment compensation contributions (including their effectiveness in identifying instances of such underreporting or underpayments despite the absence of cancelled checks, original time sheets, or other similar documentation). (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 12 months after the date of the enactment of this Act. (2) Exception.--If the Secretary of Labor finds that legislation is necessary in order for the unemployment compensation law of a State to comply with the amendments made by subsection (a), such amendments shall not apply with respect to such law until the later of-- (A) the day after the close of the first regular session of the legislature of such State which begins after the date of the enactment of this Act; or (B) 12 months after the date of the enactment of this Act. (d) Definition of State.--For purposes of this section, the term ``State'' has the meaning given such term by section 3306(j) of the Internal Revenue Code of 1986. SEC. 4. DEPARTMENT OF LABOR COORDINATION, REFERRAL, AND REGULATIONS. (a) Coordination and Referral.--Notwithstanding any other provision of law, any office, administration, or division of the Department of Labor that, while in the performance of its official duties, obtains information regarding the misclassification by a person subject to the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) or any order issued under such Act of any individual regarding whether such individual is an employee or a non-employee contracted for the performance of labor or services for purposes of section 6 or 7 of such Act (29 U.S.C. 206, 207) or in records required under section 11(c) of such Act (29 U.S.C. 211(c)), shall report such information to the Wage and Hour Division of the Department. The Wage and Hour Division may report such information to the Internal Revenue Service as the Division considers appropriate. (b) Regulations.--The Secretary of Labor shall promulgate regulations to carry out this Act and the amendments made by this Act. SEC. 5. TARGETED AUDITS. The audits of employers subject to the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that are conducted by the Wage and Hour Division of the Department of Labor shall include certain industries with frequent incidence of misclassifying employees as non-employees, as determined by the Secretary of Labor.

Employee Misclassification Prevention Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to require every person to: (1) keep records of non-employees (contractors) who perform labor or services (except substitute work), including through an entity such as a trust, estate, partnership, association, company, or corporation, for remuneration; and (2) provide certain notice to each new employee and new non-employee, including their classification as an employee or non-employee and information concerning their rights under the law. Makes it unlawful for any person to: (1) discharge or otherwise discriminate against an individual (including an employee) who has opposed any practice, or filed a complaint or instituted any proceeding related to this Act, including with respect to an individual's status as an employee or non-employee; and (2) fail to classify accurately an employee or non-employee. Doubles the amount of liquidated damages for maximum hours, minimum wage, and notice of classification violations by an employer. Subjects a person who: (1) violates such requirements (including recordkeeping requirements) to a civil penalty of up to $1,100; or (2) repeatedly or willfully violates such requirements to a civil penalty of up to $5,000 for each violation. Directs the Secretary of Labor to establish a webpage on the Department of Labor website that summarizes the rights of employees under this Act and other appropriate information. Amends the Social Security Act to require, as a condition for a federal grant for the administration of state unemployment compensation, for the state's unemployment compensation law to include a provision for: (1) auditing programs that identify employers that have not registered under the state law or that are paying unreported compensation where the effect is to exclude employees from unemployment compensation coverage; and (2) establishing administrative penalties for misclassifying employees or paying unreported unemployment compensation to employees. Requires any office, administration, or division of the Department of Labor to report any misclassification of an employee by a person subject to the FLSA that it discovers to the Department's Wage and Hour Division (WHD). Authorizes the WHD to report such information to the Internal Revenue Service (IRS).

A bill to amend the Fair Labor Standards Act of 1938 to require persons to keep records of non-employees who perform labor or services for remuneration and to provide a special penalty for persons who misclassify employees as non-employees, and for other purposes.

SECTION 1. FINDINGS. The Congress finds as follows: (1) To date, 212 innocent people have been exonerated nationwide through DNA testing and the Innocence Project has worked on the vast majority of those cases, with thousands awaiting evaluation in their last hope for justice. (2) Fifteen people had been sentenced to death before exoneration, and the average sentence served by DNA exonerees has been 12 years. (3) Approximately 70 percent of those exonerated by DNA testing are members of ethnic minority groups. (4) In over 35 percent of the cases the Innocence Project has been involved with, the actual perpetrator has been identified by DNA testing. (5) Exonerations have been won in 31 states and the District of Columbia. (6) Since 1992, the Innocence Project has served as a nonprofit legal clinic affiliated with the Benjamin N. Cardozo School of Law at Yeshiva University, serving as a national litigation and public policy organization dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustice. (7) Most clients are poor and have used up all legal avenues for relief. (8) DNA testing has been a major factor in changing the criminal justice system, opening a window to correct and prevent wrongful convictions in cases involving everything from home invasion to murder. (9) The Innocence Project has grown to become much more than the ``court of last resort'' for inmates who have exhausted their appeals and their mean; it has helped form the Innocence Network: a group of law schools, journalism schools, public defender offices, and other independent entities across the country that assist inmates trying to prove their innocence whether or not the cases involve biological evidence which can be subjected to DNA testing. (10) Peter Neufeld authored the seminal work in criminal law, ``The Near Irrelevance of Daubert to Criminal Justice and Some Suggestions for Reform'' in the American Journal of Public Health (Vol. 95, No. S1 2005). (11) The Innocence Project has analyzed the wrongful convictions proven by DNA evidence in order to determine what causes them--across all criminal cases, not just those where DNA can prove innocence--and identify the reforms that can prevent them while increasing the accuracy of the criminal justice system. The lead causes include eyewitness misidentification, problems with the analysis of forensic evidence, and false ``confessions''. (12) With local advocates and partners, the Innocence Project consults with legislators and law enforcement officials on the Federal, State, and local levels, conduct research and training, produce scholarship and propose a wide range of remedies to prevent wrongful convictions while continuing to work to free innocent inmates through the use of post- conviction DNA testing. (13) In addition to serving as co-founders and co-directors of the Innocence Project, Barry C. Scheck and Peter Neufeld are Commissioners on the New York State Commission of Forensic Science. (14) Barry C. Scheck and Peter Neufeld, along with Pulitzer-Prize winning journalist Jim Dwyer, are the authors of Actual Innocence: When Justice Goes Wrong and How to Make it Right. (15) Additionally, Barry C. Scheck served on the board of directors of the National Institute of Justice's Commission on the Future of DNA Evidence, is co-chair of the DNA Task Force of the National Association of Criminal Defense Lawyers and, in 1996, received that Association's prestigious Robert C. Heeney Award for his contributions to the Association. (16) Barry C. Scheck is a graduate of Yale University and University of California at Berkeley's Boalt School of Law. (17) Barry C. Scheck, before joining the faculty of Cardozo Law School, worked for 3 years as a staff attorney at The Legal Aid Society in New York City. (18) Peter Neufeld is a graduate of the University of Wisconsin and New York University's School of Law. (19) Peter Neufeld, before joining Cardozo Law School, taught trial advocacy at Fordham University Law School and was a staff attorney with the Legal Aid Society of New York. SEC. 2. 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, to Barry C. Scheck and to Peter Neufeld a gold medal of appropriate design in recognition of their outstanding service to the Nation and to justice as co-founders and co-directors of the Innocence Project. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike 2 gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medals struck under section 2 at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is hereby authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of each medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Awards a congressional gold medal to Barry C. Scheck and to Peter Neufeld in recognition of their outstanding service to the nation and to justice as co-founders and co-directors of the Innocence Project (a nonprofit legal clinic dedicated to exonerating wrongfully convicted people through DNA testing and to reforming the criminal justice system to prevent future injustice).

To award a congressional gold medal to Barry C. Scheck and to Peter Neufeld in recognition of their outstanding service to the Nation and to justice as co-founders and co-directors of the Innocence Project.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Information Sharing Enhancement Act of 2006''. SEC. 2. FINDINGS ON DISSEMINATION OF HOMELAND SECURITY-RELATED INFORMATION. Congress finds the following: (1) Section 201(d)(1) of the Homeland Security Act of 2002 gives the Department of Homeland Security authority to access, receive, and analyze law enforcement information, intelligence information, and other information from Federal, State, and local government agencies--including law enforcement agencies-- and to integrate such information in order to detect, identify, and assess terrorist threats to the homeland. (2) Section 201(d)(4) of the Homeland Security Act of 2002 likewise gives the Department the power to ensure ``timely and efficient access'' to these categories of information in order to effectively discharge its information sharing responsibilities. (3) Section 102A(f)(1)(B)(iii) of the National Security Act of 1947 (50 U.S.C. 403-1(f)(1)(B)(iii)), as amended by section 1011 of the Intelligence Reform and Terrorism Prevention Act of 2004, prohibits the Director of National Intelligence from disseminating information directly to State and local government officials. (4) Under section 119(f)(1)(E) of the National Security Act of 1947 (50 U.S.C. 404o(f)(1)(E)), as amended, the Director of the National Counterterrorism Center supports the responsibilities of the Department of Homeland Security to disseminate terrorism information. (5) Section 201(d)(9) of the Homeland Security Act of 2002 gives the Department of Homeland Security the responsibility to disseminate information analyzed by the Department to other Federal, State, and local agencies with responsibilities relating to homeland security ``in order to assist in the deterrence, prevention, preemption of, or response to, terrorist attacks. . .''. (6) Section 201(d)(11) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)(11)) explicitly gives the Department the responsibility to ensure ``appropriate exchanges of information, including law enforcement-related information, relating to threats of terrorism against the United States''. (7) Section 201(d)(14) of the Homeland Security Act of 2002 gives the Department the responsibility ``to establish and utilize . . . a secure communications and information technology infrastructure . . . in order to access, receive, and analyze data'' and to disseminate that data to State, local, and tribal law enforcement agencies as appropriate. SEC. 3. HOMELAND SECURITY ADVISORY SYSTEM. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 is amended by adding at the end the following: ``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. ``(a) Requirement.--The Under Secretary for Information and Analysis shall implement a Homeland Security Advisory System in accordance with this section to provide public advisories and alerts regarding threats to homeland security, including national, regional, local, and economic sector advisories and alerts, as appropriate. ``(b) Required Elements.--The Under Secretary, under the System-- ``(1) shall include, in each advisory and alert regarding a threat, information on appropriate protective measures and countermeasures that may be taken in response to the threat; ``(2) shall, whenever possible, limit the scope of each advisory and alert to a specific region, locality, or economic sector believed to be at risk; and ``(3) shall not, in issuing any advisory or alert, use color designations as the exclusive means of specifying the homeland security threat conditions that are the subject of the advisory or alert.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to subtitle A of title II the following: ``Sec. 203. Homeland Security Advisory System.''. SEC. 4. HOMELAND SECURITY INFORMATION SHARING. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by section 3, is further amended by adding at the end the following: ``SEC. 204. HOMELAND SECURITY INFORMATION SHARING. ``(a) Information Sharing Environment.--Consistent with section 1016 of the National Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary shall integrate and standardize the information of the intelligence components of the Department into a Department information sharing environment, to be administered by the Under Secretary for Intelligence and Analysis. ``(b) Information Sharing and Knowledge Management Officers.--For each intelligence component of the Department, the Secretary shall designate an information sharing and knowledge management officer who shall report to the Under Secretary for Intelligence and Analysis with respect to coordinating the different systems used in the Department to gather and disseminate homeland security information. ``(c) State, Local, and Private-Sector Sources of Information.-- ``(1) Establishment of business processes.--The Under Secretary for Intelligence and Analysis shall establish Department-wide procedures for the review and analysis of information gathered from State, local, tribal, and private- sector sources and, as appropriate, integrate such information into the information gathered by the Department and other department and agencies of the Federal Government. ``(2) Feedback.--The Secretary shall develop mechanisms to provide analytical and operational feedback to any State, local, tribal, and private-sector entities that gather information and provide such information to the Secretary. ``(d) Training and Evaluation of Employees.-- ``(1) Training.--The Under Secretary shall provide to employees of the Department opportunities for training and education to develop an understanding of the definition of homeland security information, how information available to them as part of their duties might qualify as homeland security information, and how information available to them is relevant to the Office of Intelligence and Analysis. ``(2) Evaluations.--The Under Secretary shall, on an ongoing basis, evaluate how employees of the Office of Intelligence and Analysis and the intelligence components of the Department are utilizing homeland security information and participating in the Department information sharing environment.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such subtitle the following: ``Sec. 204. Homeland security information sharing.''. (c) Establishment of Comprehensive Information Technology Network Architecture.-- (1) In general.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following new section: ``SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE. ``(a) Establishment.--The Secretary, acting through the Chief Intelligence Officer, shall establish a comprehensive information technology network architecture for the Office of Intelligence and Analysis. ``(b) Network Model.--The comprehensive information technology network architecture established under subsection (a) shall, to the extent possible, incorporate the approaches, features, and functions of the network proposed by the Markle Foundation in reports issued in October 2002 and December 2003, known as the System-wide Homeland Security Analysis and Resource Exchange (SHARE) Network. ``(c) Comprehensive Information Technology Network Architecture Defined.--the term `comprehensive information technology network architecture' means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the strategic goals and information resources management goals of the Office of Information and Analysis.''. (2) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: ``Sec. 205. Comprehensive information technology network architecture.''. (3) Reports.-- (A) Report on implementation of plan.--Not later than 360 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report containing a plan to implement the comprehensive information technology network architecture for the Office of Intelligence and Analysis of the Department of Homeland Security required under section 209 of the Homeland Security Act of 2002, as added by paragraph (1). Such report shall include the following: (i) Priorities for the development of the comprehensive information technology network architecture and a rationale for such priorities. (ii) An explanation of how the various components of the comprehensive information technology network architecture will work together and interconnect. (iii) A description of the technology challenges that the Office of Intelligence and Analysis will face in implementing the comprehensive information technology network architecture. (iv) A description of technology options that are available or are in development that may be incorporated into the comprehensive technology network architecture, the feasibility of incorporating such options, and the advantages and disadvantages of doing so. (v) An explanation of any security protections to be developed as part of the comprehensive information technology network architecture. (vi) A description of any safeguards for civil liberties and privacy to be built into the comprehensive information technology network architecture. (vii) An operational best practices plan. (B) Progress report.--Not later than 180 days after the date on which the report is submitted under subparagraph (A), the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the progress of the Secretary in developing the comprehensive information technology network architecture required under section 209 of the Homeland Security Act of 2002, as added by paragraph (1). (d) Intelligence Component Defined.--Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the following new paragraph: ``(17) The term `intelligence component of the Department' means any directorate, agency, or element of the Department that gathers, receives, analyzes, produces, or disseminates homeland security information except-- ``(A) a directorate, agency, or element of the Department that is required to be maintained as a distinct entity under this Act; or ``(B) any personnel security, physical security, document security, or communications security program within any directorate, agency, or element of the Department.''. SEC. 5. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY-RELATED INFORMATION. (a) In General.--Title I of the Homeland Security Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding at the end the following: ``SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY-RELATED INFORMATION. ``(a) Primary Authority.--Except as provided in subsection (b), the Secretary or the Secretary's designee shall be the executive branch official responsible for disseminating homeland security-related terrorist threat information to State and local government and tribal officials and the private sector. ``(b) Prior Approval Required.--No Federal official may issue any homeland security-related analysis, advisory, or alert without the Secretary's prior approval, except-- ``(1) in exigent circumstances under which it is essential that the information be communicated immediately; or ``(2) when such analysis advisory or alert is issued to Federal, State, local, or tribal law enforcement officials for the purpose of assisting them in any aspect of the administration of criminal justice.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such title the following: ``Sec. 104. Authority for disseminating homeland security-related information.''.

Homeland Security Information Sharing Enhancement Act of 2006 - Amends the Homeland Security Act of 2002 to require the Under Secretary for Information and Analysis to implement a Homeland Security Advisory System to provide advisories and alerts regarding threats to homeland security. Requires such an advisory or alert to: (1) include information on protective measures and countermeasures; (2) be limited in scope to a specific region, locality, or economic sector; and (3) not use color designations as the exclusive means of specifying threat conditions. Directs the Secretary of the Department of Homeland Security (DHS) to: (1) integrate and standardize the information of the Department's intelligence components into a Department information-sharing environment; and (2) designate, for each such component, an information-sharing and knowledge management officer. Requires the Under Secretary to: (1) establish Department-wide procedures for the review and analysis of information gathered from state, local, tribal, and private-sector sources; (2) develop mechanisms to provide analytical and operational feedback; (3) provide Department employees training and educational opportunities; and (4) evaluate how employees of the Office of Intelligence and Analysis and the Department's intelligence components are utilizing homeland security information. Directs the Secretary, acting through the Chief Intelligence Officer, to establish a comprehensive information technology architecture for such Office. Makes the Secretary the executive branch official responsible for disseminating homeland security-related terrorist threat information to state and local government and tribal officials and the private sector. Prohibits any federal official from issuing a homeland security-related analysis, advisory, or alert without the Secretary's approval, with exceptions.

To amend the Homeland Security Act of 2002 to enhance homeland security information sharing, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Earthquake Hazards Reduction Authorization Act of 2000''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Federal Emergency Management Agency.--Section 12(a)(7) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(a)) is amended-- (1) by striking ``and'' after ``1998''; and (2) by striking ``1999.'' and inserting ``1999; $19,861,000 for the fiscal year ending September 30, 2001, of which $450,000 is for National Earthquake Hazard Reduction Program- eligible efforts of an established multi-state consortium to reduce the unacceptable threat of earthquake damages in the New Madrid seismic region through efforts to enhance preparedness, response, recovery, and mitigation; $20,705,000 for the fiscal year ending September 30, 2002; and $21,585,000 for the fiscal year ending September 30, 2003.''. (b) United States Geological Survey.--Section 12(b) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(b)) is amended-- (1) by inserting after ``operated by the Agency.'' the following: ``There are authorized to be appropriated to the Secretary of the Interior for purposes of carrying out, through the Director of the United States Geological Survey, the responsibilities that may be assigned to the Director under this Act $48,360,000 for fiscal year 2001, of which $3,500,000 is for the Global Seismic Network and $100,000 is for the Scientific Earthquake Studies Advisory Committee established under section 10 of the Earthquake Hazards Reduction Act of 2000; $50,415,000 for fiscal year 2002, of which $3,600,000 is for the Global Seismic Network and $100,000 is for the Scientific Earthquake Studies Advisory Committee; and $52,558,000 for fiscal year 2003, of which $3,700,000 is for the Global Seismic Network and $100,000 is for the Scientific Earthquake Studies Advisory Committee; (2) by striking ``and'' at the end of paragraph (1); (3) by striking ``1999,'' at the end of paragraph (2) and inserting ``1999;''; and (4) by inserting after paragraph (2) the following: ``(3) $9,000,000 of the amount authorized to be appropriated for fiscal year 2001; ``(4) $9,250,000 of the amount authorized to be appropriated for fiscal year 2002; and ``(5) $9,500,000 of the amount authorized to be appropriated for fiscal year 2003,''. (c) Real-time Seismic Hazard Warning System.--Section 2(a)(7) of the Act entitled ``An Act To authorize appropirations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for other purposes (111 Stat. 1159; 42 U.S.C. 7704 nt) is amended by striking ``1999.'' and inserting ``1999, $2,600,000 for fiscal year 2001, $2,710,000 for fiscal year 2002, and $2,825,000 for fiscal year 2003.''. (d) National Science Foundation.--Section 12(c) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(c)) is amended-- (1) by striking ``1998, and'' and inserting ``1998,''; and (2) by striking ``1999.'' and inserting ``1999, and (5) $19,000,000 for engineering research and $11,900,000 for geosciences research for the fiscal year ending September 30, 2001. There are authorized to be appropriated to the National Science Foundation $19,808,000 for engineering research and $12,406,000 for geosciences research for fiscal year 2002 and $20,650,000 for engineering research and $12,933,000 for geosciences research for fiscal year 2003.''. (e) National Institute of Standards and Technology.--Section 12(d) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(d)) is amended-- (1) by striking ``1998, and''; and inserting ``1998,''; and (2) by striking ``1999.'' and inserting ``1999, $2,332,000 for fiscal year 2001, $2,431,000 for fiscal year 2002, and $2,534,300 for fiscal year 2003.''. SEC. 3. REPEALS. Section 10 and subsections (e) and (f) of section 12 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7705d and 7706 (e) and (f)) are repealed. SEC. 4. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM. The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.) is amended by adding at the end the following new section: ``SEC. 13. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM. ``(a) Establishment.--The Director of the United States Geological Survey shall establish and operate an Advanced National Seismic Research and Monitoring System. The purpose of such system shall be to organize, modernize, standardize, and stabilize the national, regional, and urban seismic monitoring systems in the United States, including sensors, recorders, and data analysis centers, into a coordinated system that will measure and record the full range of frequencies and amplitudes exhibited by seismic waves, in order to enhance earthquake research and warning capabilities. ``(b) Management Plan.--Not later than 90 days after the date of the enactment of the Earthquake Hazards Reduction Authorization Act of 2000, the Director of the United States Geological Survey shall transmit to the Congress a 5-year management plan for establishing and operating the Advanced National Seismic Research and Monitoring System. The plan shall include annual cost estimates for both modernization and operation, milestones, standards, and performance goals, as well as plans for securing the participation of all existing networks in the Advanced National Seismic Research and Monitoring System and for establishing new, or enhancing existing, partnerships to leverage resources. ``(c) Authorization of Appropriations.-- ``(1) Expansion and modernization.--In addition to amounts appropriated under section 12(b), there are authorized to be appropriated to the Secretary of the Interior, to be used by the Director of the United States Geological Survey to establish the Advanced National Seismic Research and Monitoring System-- ``(A) $33,500,000 for fiscal year 2002; ``(B) $33,700,000 for fiscal year 2003; ``(C) $35,100,000 for fiscal year 2004; ``(D) $35,000,000 for fiscal year 2005; and ``(E) $33,500,000 for fiscal year 2006. ``(2) Operation.--In addition to amounts appropriated under section 12(b), there are authorized to be appropriated to the Secretary of the Interior, to be used by the Director of the United States Geological Survey to operate the Advanced National Seismic Research and Monitoring System-- ``(A) $4,500,000 for fiscal year 2002; and ``(B) $10,300,000 for fiscal year 2003.''. SEC. 5. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION. The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.) is amended by adding at the end the following new section: ``SEC. 14. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION. ``(a) Establishment.--The Director of the National Science Foundation shall establish the George E. Brown, Jr. Network for Earthquake Engineering Simulation that will upgrade, link, and integrate a system of geographically distributed experimental facilities for earthquake engineering testing of full-sized structures and their components and partial-scale physical models. The system shall be integrated through networking software so that integrated models and databases can be used to create model-based simulation, and the components of the system shall be interconnected with a computer network and allow for remote access, information sharing, and collaborative research. ``(b) Authorization of Appropriations.--In addition to amounts appropriated under section 12(c), there are authorized to be appropriated $28,200,000 for fiscal year 2001 for the Network for Earthquake Engineering Simulation. In addition to amounts appropriated under section 12(c), there are authorized to be appropriated to the National Science Foundation for the Network for Earthquake Engineering Simulation-- ``(1) $24,400,000 for fiscal year 2002; ``(2) $4,500,000 for fiscal year 2003; and ``(3) $17,000,000 for fiscal year 2004.''. SEC. 6. BUDGET COORDINATION. Section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704) is amended-- (1) by striking subparagraph (A) of subsection (b)(1) and redesignating subparagraphs (B) through (F) of subsection (b)(1) as subparagraphs (A) through (E), respectively; (2) by striking ``in this paragraph'' in the last sentence of paragraph (1) of subsection (b) and inserting ``in subparagraph (E)''; and (3) by adding at the end the following new subsection: ``(c) Budget Coordination.-- ``(1) Guidance.--The Agency shall each year provide guidance to the other Program agencies concerning the preparation of requests for appropriations for activities related to the Program, and shall prepare, in conjunction with the other Program agencies, an annual Program budget to be submitted to the Office of Management and Budget. ``(2) Reports.--Each Program agency shall include with its annual request for appropriations submitted to the Office of Management and Budget a report that-- ``(A) identifies each element of the proposed Program activities of the agency; ``(B) specifies how each of these activities contributes to the Program; and ``(C) states the portion of its request for appropriations allocated to each element of the Program.''. SEC. 7. REPORT ON AT-RISK POPULATIONS. Not later than one year after the date of the enactment of this Act, and after a period for public comment, the Director of the Federal Emergency Management Agency shall transmit to the Congress a report describing the elements of the Program that specifically address the needs of at-risk populations, including the elderly, persons with disabilities, non-English-speaking families, single-parent households, and the poor. Such report shall also identify additional actions that could be taken to address those needs and make recommendations for any additional legislative authority required to take such actions. SEC. 8. PUBLIC ACCESS TO EARTHQUAKE INFORMATION. Section 5(b)(2)(A)(ii) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(2)(A)(ii)) is amended by inserting ``, and development of means of increasing public access to available locality- specific information that may assist the public in preparing for or responding to earthquakes'' after ``and the general public''. SEC. 9. LIFELINES. Section 4(6) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7703(6)) is amended by inserting ``and infrastructure'' after ``communication facilities''. SEC. 10. SCIENTIFIC EARTHQUAKE STUDIES ADVISORY COMMITTEE. (a) Establishment.--The Director of the United States Geological Survey shall establish a Scientific Earthquake Studies Advisory Committee. (b) Organization.--The Director shall establish procedures for selection of individuals not employed by the Federal Government who are qualified in the seismic sciences and other appropriate fields and may, pursuant to such procedures, select up to ten individuals, one of whom shall be designated Chairman, to serve on the Advisory Committee. Selection of individuals for the Advisory Committee shall be based solely on established records of distinguished service, and the Director shall ensure that a reasonable cross-section of views and expertise is represented. In selecting individuals to serve on the Advisory Committee, the Director shall seek and give due consideration to recommendations from the National Academy of Sciences, professional societies, and other appropriate organizations. (c) Meetings.--The Advisory Committee shall meet at such times and places as may be designated by the Chairman in consultation with the Director. (d) Duties.--The Advisory Committee shall advise the Director on matters relating to the United States Geological Survey's participation in the National Earthquake Hazards Reduction Program, including the United States Geological Survey's roles, goals, and objectives within that Program, its capabilities and research needs, guidance on achieving major objectives, and establishing and measuring performance goals. The Advisory Committee shall issue an annual report to the Director for submission to Congress on or before September 30 of each year. The report shall describe the Advisory Committee's activities and address policy issues or matters that affect the United States Geological Survey's participation in the National Earthquake Hazards Reduction Program. Passed the Senate October 18 (legislative day, September 22), 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 1639 _______________________________________________________________________ AN ACT To authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977, for the National Weather Service and Related Agencies, and for the United States Fire Administration for fiscal years 2000, 2001, and 2002.

Authorizes additional appropriations for FY 2001 through 2003 for a USGS program to develop a prototype real-time seismic warning system. (Sec. 3) Repeals provisions of the Act concerning: (1) non-Federal cost sharing for certain supplemental funds; (2) the authorization of appropriations in prior fiscal years for certain required adjustments in employee salaries and benefits; and (3) the availability of FY 1991-1993 funding. (Sec. 4) Requires the USGS Director to establish and operate an Advanced National Seismic Research and Monitoring System to organize, modernize, and standardize U.S. national, regional, and urban seismic monitoring systems. Requires such Director to transmit to Congress a five-year management plan for establishing and operating the System. Authorizes appropriations for FY 2002 through 2006, and additional amounts for FY 2002 and 2003 for System operation. (Sec. 5) Requires the NSF Director to establish the George E. Brown, Jr. Network for Earthquake Engineering Simulation that will upgrade, link, and integrate a system of geographically distributed experimental facilities for earthquake engineering testing of full-sized structures and partial-scale models. Authorizes appropriations for FY 2001 through 2004. (Sec. 6) Directs FEMA to: (1) annually provide guidance to other agencies involved in the National Earthquake Hazards Reduction Program (Program) concerning the preparation of requests for appropriations for Program activities; and (2) prepare and submit to the Office of Management and Budget an annual Program budget. Requires each Program agency to specify Program activities in their annual request for appropriations. (Sec. 7) Requires the FEMA Director to report to Congress describing Program elements that specifically address the needs of at-risk populations. (Sec. 8) Requires FEMA's comprehensive earthquake education and public awareness program to include increasing public access to available locality-specific information to assist the public in preparing for or responding to earthquakes. (Sec. 10) Requires the USGS Director to establish a Scientific Earthquake Studies Advisory Committee.

Earthquake Hazards Reduction Authorization Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stark Administrative Simplification Act of 2017''. SEC. 2. ALTERNATIVE SANCTIONS FOR TECHNICAL NONCOMPLIANCE WITH STARK RULE UNDER MEDICARE. Section 1877 of the Social Security Act (42 U.S.C. 1395nn) is amended by adding at the end the following new subsection: ``(j) Self-disclosure Protocols.-- ``(1) In general.--Beginning one year after the date of the enactment of this subsection-- ``(A) an entity or individual may voluntarily disclose a compensation arrangement with actual or potential inadvertent technical noncompliance with subsection (a)(1) (as defined in paragraph (3)(H)) pursuant to either the self-referral disclosure protocol (defined in paragraph (2)) or the alternative protocol for technical noncompliance under paragraph (3); ``(B) disclosures voluntarily withdrawn from the alternative protocol for technical noncompliance may be submitted to the self-referral disclosure protocol; and ``(C) an entity that, prior to the establishment of the alternative protocol for technical noncompliance, disclosed to the self-referral disclosure protocol a compensation arrangement that was in inadvertent technical noncompliance with subsection (a)(1), may elect, not later than one year after such alternative protocol is established, to withdraw such disclosure from the self-referral disclosure protocol and instead submit the disclosure to such alternative protocol. ``(2) Self-referral disclosure protocol.--The term `self- referral disclosure protocol' or `SRDP' means the protocol specified in section 6409 of Public Law 111-148. ``(3) Alternative protocol for inadvertant technical noncompliance.-- ``(A) In general.--The Secretary shall establish, not later than one year after the date of the enactment of this subsection, an alternative protocol for technical noncompliance (in this subsection referred to as the `APTN') to enable entities to disclose arrangements that were previously in inadvertent technical noncompliance with subsection (a)(1) and, upon the Secretary's acceptance of the disclosure, make payment of a civil monetary penalty. Payment of such civil monetary penalty for an arrangement shall resolve only overpayments due and owing as a result of such arrangement's inadvertent technical noncompliance with subsection (a)(1). The provisions of section 6409 of Public Law 111-148 shall not apply to this subsection. ``(B) Disclosure requirements.--Arrangements disclosed to the APTN must-- ``(i) involve only inadvertent technical noncompliance with subsection (a)(1) that was ended by termination or expiration of the arrangement, or by action of the parties to the arrangement to resolve the technical noncompliance, prior to the date of submission of the disclosure to the APTN; ``(ii) be made in the form and manner specified by the Secretary on the public Internet website of the Centers for Medicare & Medicaid Services and include descriptions of-- ``(I) the compensation arrangement that was in technical noncompliance with subsection (a)(1); ``(II) how and when the technical noncompliance with subsection (a)(1) was ended or the arrangement was otherwise terminated; and ``(III) how the remuneration paid under the compensation arrangement being disclosed was-- ``(aa) consistent with the fair market value of the items and services that were provided under the compensation arrangement; and ``(bb) not determined in a manner that directly or indirectly takes into account the volume or value of referrals or other business generated between the parties; ``(iii) include a form settlement agreement provided by the Secretary signed by the entity; and ``(iv) include a certification from the entity that, to the best of the entity's knowledge, the information provided is truthful information and is based on a good faith effort to bring the matter to the Secretary's attention. ``(C) Acceptance or rejection of disclosure by the secretary.--The following rules shall apply to the acceptance or rejection of a disclosure under the APTN: ``(i) The Secretary shall accept or reject a complete, accurate, and timely disclosure. ``(ii) Upon receipt of a disclosure, the Secretary shall notify the disclosing party of such receipt. ``(iii) The Secretary may request additional information from the disclosing party. ``(iv) Upon acceptance by the Secretary, the Secretary shall notify the disclosing party in writing of such acceptance. ``(v) The disclosure shall be rejected if-- ``(I) the disclosing party fails to furnish the additional information requested by the Secretary in such form and manner as the Secretary may specify; or ``(II) in the Secretary's sole determination, the noncompliance disclosed did not meet the disclosure requirements specified in subparagraph (B). ``(vi) The disclosure shall be accepted if-- ``(I) the Secretary has issued a written notice to the disclosing party that the disclosure is determined to satisfy the requirements for disclosures under this section; or ``(II) the disclosure is complete, accurate, and timely and satisfies each of the requirements for disclosures under this section, 180 calendar days have passed since notification of receipt by the Secretary of the disclosure, and the Secretary has not rejected the disclosure during that period. ``(vii) In determining whether to accept a disclosure, the Secretary may reasonably rely on the information and certifications included in the disclosure. ``(D) Rule for withdrawal of disclosure.--Prior to acceptance or rejection of a disclosure by the Secretary, an entity may voluntarily withdraw such disclosure from the APTN. ``(E) Civil monetary penalties pursuant to the alternative protocol for technical noncompliance.-- ``(i) In general.--Subject to clause (ii), for each arrangement disclosed under this subsection and accepted under subparagraph (C), the Secretary shall impose a single civil monetary penalty of-- ``(I) $5,000, in the case in which disclosure of the inadvertant technical noncompliance with subsection (a)(1) was submitted to the Secretary not later than the date that is one year after the initial date of inadvertent technical noncompliance with subsection (a)(1); or ``(II) $10,000, in the case in which the disclosure of the inadvertant technically noncompliance with subsection (a)(1) was submitted to the Secretary-- ``(aa) after the date that is more than one year after the initial date of the entity's inadvertent technical noncompliance with subsection (a)(1); and ``(bb) not after the date that is 3 years (or, in the case of a disclosure submitted after the 5th year for which this subsection applies, the date that is 2 years) from the initial date of the entity's inadvertent technical noncompliance with subsection (a)(1). ``(ii) Special rule for entities that disclosed to the aptn after withdrawing a disclosure from the srdp.--In the case of an entity that elects under paragraph (1)(C) to withdraw a disclosure from the self-referral disclosure protocol (as defined in paragraph (2)) and instead submit the disclosure to the APTN under this subsection, in determining the applicable civil monetary penalty under clause (i), the date of disclosure to the self- referral disclosure protocol shall be substituted for the date of disclosure to the APTN. ``(F) Relation to advisory opinions.--The APTN shall be separate from the advisory opinion process set forth in regulations implementing subsection (g) of this section. ``(G) Publication on internet website of aptn information.--Not later than one year after the date of the enactment of this subsection, the Secretary shall post information on the public Internet website of the Centers for Medicare & Medicaid Services to inform relevant stakeholders of how to disclose and make payment of a civil monetary penalty for inadvertent technical noncompliance with subsection (a)(1). ``(H) Definitions.--In this subsection: ``(i) Technical noncompliance.--The term `technical noncompliance with subsection (a)(1)' means, with respect to a compensation arrangement, that-- ``(I) the arrangement is not signed by one or more parties to the arrangement; ``(II) following the expiration of the arrangement, the arrangement was a holdover arrangement for a period longer than permitted in regulations issued by the Secretary; or ``(III) the contemporaneous written documentation evidencing the terms of the arrangement identifies the parties to the arrangement and the items, services, space, or equipment, as applicable, but is not sufficient to satisfy the writing requirement of an applicable exception. ``(ii) Inadvertent.--The term `inadvertent' means, with respect to a compensation arrangement that is in technical noncompliance with subsection (a)(1), that an entity that is a party to the compensation arrangement did not know or should not have known of the noncompliance. ``(I) Administration.--Chapter 35 of title 44, United States Code, shall not apply to this subsection. ``(J) Implementation.--Notwithstanding any other provision of law, the Secretary may implement the provisions of this paragraph by program instruction or otherwise.''.

Stark Administrative Simplification Act of 2017 This bill establishes alternative protocols and sanctions for inadvertent technical noncompliance with the Stark Rule against self-referral under Medicare. "Technical noncompliance" means, with respect to a compensation arrangement, that: (1) the agreement is not signed by one or more parties to the arrangement, (2) the arrangement was a holdover arrangement for a period longer than is allowed by the Centers for Medicare & Medicaid Services, or (3) documentation of the arrangement contains specified identifying information but is otherwise insufficient to satisfy the writing requirement of an applicable exception.

Stark Administrative Simplification Act of 2017

SECTION 1. LIMITATION ON CERTAIN ALIENS CLAIMING EARNED INCOME TAX CREDIT. (a) In General.--Paragraph (1) of section 32(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Prohibition on retroactive credit for certain immigrants.-- ``(i) In general.--In the case of any alien described in clause (iii), no credit shall be allowed under this section for the taxable year in which such alien was granted deferred action described in such clause or for any taxable year prior to such year unless such alien-- ``(I) was an eligible individual for the taxable year, and ``(II) was authorized to engage in employment in the United States for the entire taxable year. ``(ii) Married individuals.--In the case of an eligible individual who is married (within the meaning of section 7703) to an alien described in clause (iii), no credit shall be allowed under this section for any taxable year-- ``(I) in which such alien was married (within the meaning of section 7703) to the eligible individual, and ``(II) which includes or was prior to the date on which such alien was granted deferred action described in such clause, unless such alien was authorized to engage in employment in the United States for the entire taxable year. ``(iii) Alien described.--An alien is described in this clause if such alien is granted deferred action pursuant to 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 (or any substantially similar policy changes issued or taken on or after the date of the enactment of this clause, whether set forth in memorandum, Executive order, regulation, directive, or by other action).''. (b) Qualifying Children.--Subparagraph (D) of section 32(c)(3) of the Internal Revenue Code of 1986 is amended by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: ``(ii) Prior years.--In the case of an alien described in paragraph (1)(G)(iii), such alien shall not be taken into account as a qualifying child under subsection (b) for any taxable year in which such alien was granted deferred action described in such paragraph, or for any taxable year prior to such year, unless such alien was authorized to engage in employment in the United States for the taxable year.''. (c) Information Sharing.-- (1) Commissioner of social security.-- (A) In general.--The Commissioner of Social Security (referred to in this subsection as the ``Commissioner'') shall provide to the Secretary of Treasury (or the Secretary's delegate) the information described in subparagraph (B) with respect to any alien who-- (i) is granted deferred action pursuant to 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 (or any substantially similar policy changes issued or taken on or after the date of the enactment of this clause, whether set forth in memorandum, Executive order, regulation, directive, or by other action); and (ii) has been assigned a social security account number by the Commissioner. (B) Information provided.--The information described in this subparagraph is-- (i) the name and social security account number of any individual described in subparagraph (A); (ii) the date such social security account number was issued by the Commissioner; and (iii) such other information as determined by the Commissioner, in consultation with the Secretary of the Treasury, to be necessary to carry out the amendments made by subsections (a) and (b). (2) Secretary of homeland security.--The Secretary of Homeland Security shall provide to the Commissioner of Social Security such information as is necessary to assist the Commissioner in carrying out the requirements of paragraph (1). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

This bill amends the Internal Revenue Code to deny the earned income tax credit to an alien who has been granted deferred action from removal in any taxable year in which such alien was not lawfully present in the United States or not authorized to work. The bill requires the Commissioner of Social Security to provide the Internal Revenue Service with information on social security account numbers granted to aliens under the deferred action from removal program.

A bill to amend the Internal Revenue Code of 1986 to provide a limitation on certain aliens from claiming the earned income tax credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Accountability through Transparency Act of 2009''. SEC. 2. MEDICAID INTERNET-BASED TRANSPARENCY PROGRAM. (a) In General.--Title XIX of the Social Security Act, as amended by section 203(d) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3), is amended by adding at the end the following new section: ``SEC. 1943. INTERNET-BASED TRANSPARENCY PROGRAM. ``(a) In General.--Not later than one year after the date of the enactment of this section, the Secretary shall implement a program under which the Secretary shall make available through the public Internet website of the Department of Health and Human Services non- aggregated information on individuals collected under the Medicaid Statistical Information System described in section 1903(r)(1)(F) insofar as such information has been de-identified in accordance with regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996. In implementing such program, the Secretary shall ensure that-- ``(1) the information made so available is in a format that is easily accessible, useable, and understandable to the public, including individuals interested in improving the quality of care provided to individuals eligible for items and services under this title, researchers, health care providers, and individuals interested in reducing the prevalence of waste and fraud under this title; ``(2) the information made so available is as current as deemed practical by the Secretary and shall be updated at least once per calendar quarter; ``(3) to the extent feasible-- ``(A) all hospitals, nursing homes, clinics, and large physician practices included in such information that are identifiable by name to individuals who access the information through such program; and ``(B) all individual health care providers not described in subparagraph (A), including physicians and dentists, are identifiable by unique identifier numbers that are disclosed only to appropriate officials within the Department of Health and Human Services and the State involved; and ``(4) the Secretary periodically solicits comments from a sampling of individuals who access the information through such program on how to best improve the utility of the program. ``(b) Use of Contractor.--For purposes of implementing the program under subsection (a) and ensuring the information made available through such program is periodically updated, the Secretary may select and enter into a contract with a public or private entity meeting such criteria and qualifications as the Secretary determines appropriate. ``(c) Annual Reports.--Not later than 2 years after the date of the enactment of this section and annually thereafter, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the progress of the program under subsection (a), including on the extent to which information made available through the program is accessed and the extent to which comments received under subsection (a)(4) were used during the year involved to improve the utility of the program. ``(d) Incentives for Compliance With Existing State Requirements.-- If the Secretary determines that one of the 50 States or the District of Columbia has not fully and properly complied with section 1903(r)(1)(F), including any encounter data requirements, for any period beginning after the date that is one year after the date of the enactment of this section, the Secretary shall reduce the amount paid to the State or the District of Columbia, respectively, under section 1903(a) by $25,000 for each such day. Such reduction shall be made unless-- ``(1) the State or the District of Columbia, respectively, demonstrates to the Secretary's satisfaction that the State made a good faith effort to comply; ``(2) not later than 60 days after the date of a finding that the State or the District of Columbia, respectively, has not fully and properly complied with section 1903(r)(1)(F), the State or the District of Columbia, respectively, submits to the Secretary (and the Secretary approves) a corrective action plan to implement such a program; and ``(3) not later than 12 months after the date of such submission (and approval), the State or the District of Columbia, respectively, fulfills the terms of such corrective action plan. The Secretary shall transfer the amount of any reduction under this subsection to the fund established under subsection (e). ``(e) Funding.-- ``(1) Medicaid internet-based transparency fund.--The Secretary shall establish a fund to be known as the `Medicaid Internet-based Transparency Fund', consisting of such amounts as may be transferred to such Fund under subsection (d) and such amounts as may be appropriated to such Fund under paragraph (3). ``(2) Expenditures from fund.--Amounts in the Medicaid Internet-based Transparency Fund shall be available to the Secretary only for purposes of carrying out this section. ``(3) Authorization of appropriations.--There is authorized to be appropriated to the Medicaid Internet-based Transparency Fund $10,000,000 for fiscal year 2009, to remain available until expended.''. (b) Feasibility Report on Including SCHIP Information in Internet- Based Transparency Program.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representative and the Committee on Finance of the Senate a report on the feasibility, potential costs, and potential benefits of making publicly available through an Internet-based program de-identified payment and patient encounter information for items and services furnished under title XXI of the Social Security Act which would not otherwise be included in the information collected under the Medicaid Statistical Information System described in section 1903(r)(1)(F) of such Act and made available under section 1943 of such Act, as added by subsection (a).

Medicaid Accountability through Transparency Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act, as amended by the Children's Health Insurance Program Reauthorization Act of 2009, to direct the Secretary of Health and Human Services to implement a program under which the Secretary shall make available through the public Internet website of the Department of Health and Human Services non-aggregated, de-identified information on individuals collected under the Medicaid Statistical Information System (MSIS). Requires reduction of Medicaid payments to states which have not provided for electronic transmission of claims data in the format specified by the Secretary and consistent with the MSIS (including detailed individual enrollee encounter data and other information that the Secretary may find necessary). Directs the Secretary to report to specified congressional committees on the feasibility, potential costs, and potential benefits of making publicly available through an Internet-based program de-identified payment and patient encounter information for items and services furnished under title XXI (Children's Health Insurance Program) (CHIP, formerly known as SCHIP) of the Social Security Act which would not otherwise be included in the information collected under the MSIS.

A bill to amend title XIX of the Social Security Act to require the Secretary of Health and Human Services to make certain de-identified information collected under the Medicaid Statistical Information System publicly available on the Internet.

TITLE I--MODIFICATION OF PROVISIONS RELATING TO DRAWBACK CLAIMS SEC. 101. MERCHANDISE NOT CONFORMING TO SAMPLE OR SPECIFICATIONS. Section 313(c) of the Tariff Act of 1930 (19 U.S.C. 1313(c)), is amended to read as follows: ``(c) Merchandise Not Conforming to Sample or Specifications.-- ``(1) Conditions for drawback.--Upon the exportation or destruction under the supervision of the Customs Service of articles or merchandise-- ``(A) upon which the duties have been paid, ``(B) which has been entered or withdrawn for consumption, ``(C) which is-- ``(i) not conforming to sample or specifications, shipped without the consent of the consignee, or determined to be defective as of the time of importation, or ``(ii) ultimately sold at retail and for any reason returned to and accepted by the importer or the claimant under the provisions of the importer's or claimant's merchandise warranty provision, and ``(D) which, within 3 years after the date of importation or withdrawal, as applicable, has been exported or destroyed under the supervision of the Customs Service, the full amount of the duties paid upon such merchandise, less 1 percent, shall be refunded as drawback. ``(2) Designation of import entries.--Notwithstanding paragraph (1), for purposes of paragraph (1)(C)(ii), drawback may be claimed by designating any entry of merchandise that was imported within 1 year before the date of exportation or destruction of the merchandise described in paragraph (1) under the supervision of the Customs Service. The returned merchandise, at the time of its importation, must be commercially interchangeable with the merchandise designated for drawback. ``(3) When drawback certificates not required.--For purposes of this subsection, drawback certificates are not required if the drawback claimant and the importer are the same party, or if the drawback claimant is a drawback successor to the importer as defined in subsection (s)(3).''. SEC. 102. TIME LIMITATION ON EXPORTATION OR DESTRUCTION. Section 313(i) of the Tariff Act of 1930 (19 U.S.C. 1313(j)), is amended-- (1) by striking ``No'' and inserting ``Unless otherwise provided for in this section, no''; and (2) by inserting ``, or destroyed under the supervision of the Customs Service,'' after ``exported''. SEC. 103. USE OF DOMESTIC MERCHANDISE ACQUIRED IN EXCHANGE FOR IMPORTED MERCHANDISE OF SAME KIND AND QUALITY. Section 313(k) of the Tariff Act of 1930 (19 U.S.C. 1313(k)), is amended-- (1) by striking ``(k)'' and inserting ``(k)(1)''; and (2) by adding at the end the following new paragraph: ``(2) For purposes of subsections (a) and (b), the use of any domestic merchandise acquired in exchange for a drawback product of the same kind and quality shall be treated as the use of such drawback product if no certificate of delivery or certificate of manufacture and delivery pertaining to such drawback product is issued, other than that which documents the product's manufacture and delivery. As used in this paragraph, the term `drawback product' means any domestically produced product manufactured with imported merchandise that is subject to drawback.'' SEC. 104. PACKAGING MATERIAL. Section 313(q) of the Tariff Act of 1930 (19 U.S.C. 1313(q)), is amended to read as follows: ``(q) Packaging Material.-- ``(1) Packaging material under subsections (c) and (j).-- Packaging material, whether imported and duty paid, and claimed for drawback under either subsection (c) or (j)(1), or imported and duty paid, or substituted, and claimed for drawback under subsection (j)(2), shall be eligible for drawback, upon exportation or destruction, of 99 percent of any duty, tax, or fee imposed under Federal law on such imported material. ``(2) Packaging material under subsections (a) and (b).-- Packaging material that is manufactured or produced under subsection (a) or (b) shall be eligible for drawback, upon exportation or destruction, of 99 percent of any duty, tax, or fee imposed under Federal law on the imported or substituted merchandise used to manufacture or produce such material. ``(3) Contents.--Packaging material described in paragraphs (1) and (2) shall be eligible for drawback whether or not they contain articles or merchandise, and whether or not any articles or merchandise they contain are eligible for drawback. ``(4) Employing packaging material for its intended purpose prior to exportation.--The use of any packaging material for its intended purpose prior to exportation or destruction shall not be treated as a use of such material prior to exportation or destruction for purposes of applying subsection (a), (b), or (c), or paragraph (1)(B) or (2)(C)(i) or subsection (j).''. SEC. 105. LIMITATION ON LIQUIDATION. Section 504 of the Tariff Act of 1930 (19 U.S.C. 1504) is amended-- (1) by striking subsections (a) and (b) and inserting the following: ``(a) Liquidation.-- ``(1) Entries for consumption.--Unless an entry of merchandise for consumption is extended by statute or court order, except as provided in section 751(a)(3), an entry of merchandise for consumption not liquidated within 1 year from-- ``(A) the date of entry of such merchandise, ``(B) the date of the final withdrawal of all such merchandise covered by a warehouse entry, ``(C) the date of withdrawal from warehouse of such merchandise for consumption if, pursuant to regulations issued under section 505(a), duties may be deposited after the filing of any entry or withdrawal from warehouse, or ``(D) if a reconciliation is filed, or should have been filed, the date of the filing under section 484 or the date the reconciliation should have been filed, shall be deemed liquidated at the rate of duty, value, quantity, and amount of duties asserted at the time of entry by the importer of record. Notwithstanding section 500(e), notice of liquidation need not be given of an entry deemed liquidated. ``(2) Entries or claims for drawback.-- ``(A) In general.--Except as provided in subparagraph (B), unless an entry or claim for drawback is extended under subsection (b) or suspended as required by statute or court order, an entry or claim for drawback not liquidated within 1 year from the date of entry or claim shall be deemed liquidated at the drawback amount asserted by the claimant at the time of entry or claim. Notwithstanding section 500(c), notice of liquidation need not be given of an entry deemed liquidated. ``(B) Exception.--An entry or claim for drawback filed before the date of the enactment of this paragraph, the liquidation of which is not final as of the date of the enactment of this paragraph, shall be deemed liquidated on the date that is 1 year after the date of the enactment of this paragraph at the drawback amount asserted by the claimant at the time of the entry or claim. ``(3) Payments or refunds.--Payment or refund of duties owed pursuant to paragraph (1) or (2) shall be made to the importer of record or drawback claimant, as the case may be, not later than 90 days after liquidation. ``(b) Extension.--The Secretary may extend the period in which to liquidate an entry if-- ``(1) the information needed for the proper appraisement or classification of the imported or withdrawn merchandise, or for determining the correct drawback amount, or for ensuring compliance with applicable law, is not available to the Customs Service; or ``(2) the importer of record or drawback claimant, as the case may be, requests such extension and shows good cause therefor. The Secretary shall give notice of an extension under this subsection to the importer of record or drawback claimant, as the case may be, and the surety of such importer of record or drawback claimant. Notice shall be in such form and manner (which may include electronic transmittal) as the Secretary shall by regulation prescribe. Any entry the liquidation of which is extended under this subsection shall be treated as having been liquidated at the rate of duty, value, quantity, and amount of duty asserted at the time of entry by the importer of record, or the drawback amount asserted at the time of entry by the drawback claimant, at the expiration of 4 years from the applicable date specified in subsection (a).''; (2) in subsection (c)-- (A) by inserting ``or drawback claimant, as the case may be,'' after ``to the importer of record''; and (B) by inserting ``or drawback claimant'' after ``of such importer of record''; and (3) in subsection (d), by striking the period at the end and inserting ``or (in the case of a drawback entry or claim) at the drawback amount asserted at the time of entry by the drawback claimant.''. SEC. 106. PENALTIES FOR FALSE DRAWBACK CLAIMS. Section 593A(h) of the Tariff Act of 1930 (19 U.S.C. 1593a(h)) is amended by striking ``subsection (g)'' and inserting ``subsections (c) and (g)''. SEC. 107. EFFECTIVE DATE. (a) Sections 101, 102, 103, 104, and 106.--The amendments made by sections 101, 102, 103, 104, and 106 shall take effect on the date of the enactment of this Act, and shall apply to-- (1) any drawback entry filed on and after such date of enactment; and (2) any drawback entry filed before such date of enactment if the liquidation of the entry is not final on such date of enactment. (b) Section 105.--The amendments made by section 105 shall take effect on the date of the enactment of this Act, and shall apply to-- (1) any entry of merchandise for consumption or entry or claim for drawback filed on and after such date of enactment; and (2) any entry or claim for drawback filed before such date of enactment if the liquidation of the entry or claim is not final on such date of enactment. TITLE II--LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES SEC. 201. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES. (a) 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 subsection (b), the United States Customs Service shall, not later than 180 days after the receipt of the request described in subsection (b), liquidate or reliquidate each entry described in subsection (d) by applying the column 1 general rate of duty of the Harmonized Tariff Schedule of the United States to each entry that is liquidated or reliquidated, regardless of whether the entry was made under the column 1 special rate of duty of such schedule. (b) Requests.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only upon a request therefor is filed with the Customs Service. (c) Payment of Amounts Due.--Any amounts due to the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid not later than 180 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a), filed at the ports of Laredo, Texas (designated as port of entry 2304), Hidalgo, Texas (designated as port of entry 2305), and Wilmington, Delaware (designated as port of entry 1103), are as follows: ------------------------------------------------------------------------ Port of Entry Date of Entry ------------------------------------------------------------------------ 95300618568 2305 02/22/95 95300618576 2305 02/22/95 95300619236 2305 02/27/95 95300619277 2305 02/27/95 95300619806 2305 03/02/95 95300619871 2305 03/02/95 95300620142 2305 03/07/95 95300620176 2305 03/03/95 95300620184 2305 03/03/95 95300620911 2305 03/07/95 95300635133 2305 04/07/95 95300635141 2305 04/07/95 95300635950 2305 04/12/95 95300635968 2305 04/12/95 95300636370 2305 04/14/95 95300636388 2305 04/14/95 95300640554 2305 05/09/95 95300640653 2305 05/10/95 95300656592 2304 11/05/95 95300657665 2304 11/29/95 95300657756 2304 12/02/95 95300658358 2304 12/16/95 95300658408 2304 12/17/95 95300658572 2304 12/19/95 95300658648 2304 12/22/95 95300658754 2304 12/22/95 95300658945 2304 12/27/95 95300659018 2304 12/28/95 95300659117 2304 12/29/95 95300659208 2304 01/02/96 95300659398 2304 01/05/96 95300659513 2304 01/08/96 95300659547 2304 01/09/96 95300659679 2304 01/11/96 95300659737 2304 01/14/96 95300659794 2304 01/13/96 95300659810 2304 01/14/96 95300659844 2304 01/15/96 95300659851 2304 01/15/96 95300659901 2304 01/16/96 95300659919 2304 01/16/96 95300659935 2304 01/17/96 95300660065 2304 01/18/96 95300660107 2304 01/19/96 95300660172 2304 01/22/96 95300660180 2304 01/22/96 95300660248 2304 01/22/96 95300660362 2304 01/23/96 95300660388 2304 01/24/96 95300660560 2304 01/25/96 95300660743 2304 01/27/96 95300660818 2304 01/29/96 95300660826 2304 01/29/96 95300704053 2305 05/16/95 95300704061 2305 05/16/95 95300704889 2305 05/22/95 95300704897 2305 05/22/95 95300705886 2305 05/31/95 95300705969 2305 05/30/95 95300706900 2305 06/09/95 95300706926 2305 06/09/95 95300752656 2305 02/02/96 95300752698 2305 02/04/96 95300752805 2305 02/05/96 95300752813 2305 02/05/96 95300752870 2305 02/06/96 95300752904 2305 02/06/96 95300753001 2305 02/07/96 95300753076 2305 02/09/96 R7410350736 1103 11/29/95 R7410350769 1103 11/29/95 R7410350801 1103 11/29/95 R7410350835 1103 11/29/95 T8500081575 2305 06/16/95 T8500081591 2305 06/16/95 T8500081716 2305 06/20/95 T8500081724 2305 06/20/95 T8500081815 2305 06/27/95 T8500081823 2305 06/28/95 T8500081922 2305 06/27/95 T8500081930 2305 06/27/95 T8500082052 2305 07/01/95 T8500082060 2305 07/01/95 T8500082326 2305 07/14/95 T8500082342 2305 07/14/95 T8500082458 2305 07/22/95 T8500082482 2305 07/22/95 T8500082508 2305 07/24/95 T8500082516 2305 07/24/95 T8500082581 2305 07/30/95 T8500082599 2305 07/30/95 T8500082656 2305 08/03/95 T8500082664 2305 08/03/95 T8500082748 2305 08/09/95 T8500082797 2305 08/10/95 T8500082839 2305 08/14/95 T8500082847 2305 08/14/95 T8500084462 2305 10/22/95 ------------------------------------------------------------------------

Amends the Tariff Act of 1930 to revise provisions requiring a refund of duties (drawback) on articles or merchandise which has been exported or destroyed under the supervision of the Customs Service within three years after importation or withdrawal, and which, among other things, is ultimately sold at retail and for any reason returned to and accepted by the importer or the claimant under the provisions of the importer's or claimant's merchandise warranty provision. Authorizes a drawback to be claimed by designating any entry of such merchandise that was imported within one year before its exportation or destruction. Prohibits the allowance of a drawback unless the completed article is exported or destroyed under the supervision of the Customs Service within five years after its importation.Sets forth drawback requirements with regard to: (1) use of domestic merchandise acquired in exchange for imported merchandise of same kind and quality; (2) packaging material; and (3) liquidation of entries.Sets forth penalties for false drawback claims.Provides for the liquidation or reliquidation of certain entries filed at the ports of Laredo, Texas, Hidalgo, Texas, and Wilmington, Delaware.

A bill to amend section 313 of the Tariff Act of 1930 to modify the provisions relating to drawback claims, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Health Options and Insurance Competition Enhancement Act'' or the ``CHOICE Act''. SEC. 2. PUBLIC HEALTH INSURANCE OPTION. (a) In General.--Part C of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-91) is amended by adding at the end the following: ``SEC. 2795. PUBLIC HEALTH INSURANCE OPTION. ``(a) Establishment.-- ``(1) In general.--For plan years beginning in 2019, the Secretary shall establish, and provide for the offering through the Exchanges, of a qualified health plan (in this Act referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high- quality coverage throughout the United States in accordance with this section. ``(2) Primary responsibility.--In designing the public health insurance option, the primary responsibility of the Secretary shall be to create an affordable health plan without compromising quality or access to care. ``(b) Administrating the Public Health Insurance Option.-- ``(1) Offered through exchanges.-- ``(A) Exclusive to exchanges.--The public health insurance option shall be made available through the Exchanges. ``(B) Ensuring a level playing field.--Consistent with this section, the public health insurance option shall comply with requirements under title I of the Patient Protection and Affordable Care Act, and the amendments made by that title, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(C) Provision of benefit levels.--The public health insurance option shall offer bronze, silver, and gold plans. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. The Secretary shall have the same authority with respect to the public health insurance option as the Secretary has under such subsection (a)(1) and subsection (b) of section 1874A of the Social Security Act with respect to title XVIII of such Act. ``(B) Transfer of insurance risk.--Any contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. ``(3) Ombudsman.-- ``(A) Establishment.--The Secretary shall establish an office of the ombudsman for the public health insurance option. ``(B) Duties.--Such ombudsman shall-- ``(i) have duties with respect to the public health insurance option similar to the duties of the Medicare Beneficiary Ombudsman under section 1808(c)(2) of the Social Security Act; and ``(ii) work with States to ensure that information and notice is provided that the public health insurance option is one of the health plans available through an Exchange. ``(4) State advisory council.-- ``(A) Establishment.--A State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(ii) Mechanisms to facilitate public awareness of the availability of the public health insurance option. ``(iii) Alternative payment models and value-based insurance design under the public health insurance option that encourage quality improvement and cost control. ``(C) Members.--The members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. ``(D) Applicability of recommendations.--The Secretary may apply the recommendations of a State Advisory Council to the public health insurance option in that State, in any other State, or in all States. ``(5) Data collection.--The Secretary shall collect such data as may be required-- ``(A) to establish rates for premiums and health care provider reimbursement under subsection (c); and ``(B) for other purposes under this section, including to improve quality, and reduce racial, ethnic, and other disparities, in health and health care. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(B) Contingency margin.--In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. ``(C) Variations in premium rates.--The premium rate charged for the public health insurance option may not vary except as provided under section 2701. ``(2) Health care provider payment rates for items and services.-- ``(A) In general.-- ``(i) Rates negotiated by the secretary.-- Not later than January 1, 2018, and except as provided in clause (ii), the Secretary shall, through a negotiated agreement with health care providers, establish rates for reimbursing health care providers for providing the benefits covered by the public health insurance option. ``(ii) Medicare reimbursement rates.--If the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prescription drugs.--Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. If the Secretary is unable to reach a negotiated agreement on such a reimbursement rate, the Secretary shall use rates determined for equivalent drugs paid for under the original medicare fee-for-service program. The Secretary shall modify such rates in order to accommodate payments for drugs that are not otherwise covered under the original medicare fee-for-service program. ``(3) Account.-- ``(A) Establishment.--There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(C) Start-up funding.-- ``(i) Authorization of funding.--There are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. ``(ii) Amortization of start-up funding.-- The Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2019. ``(D) Additional authorization of appropriations.-- To carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. ``(d) Health Care Provider Participation.-- ``(1) Provider participation.-- ``(A) In general.--The Secretary shall establish conditions of participation for health care providers under the public health insurance option. ``(B) Licensure or certification.--The Secretary shall not allow a health care provider to participate in the public health insurance option unless such provider is appropriately licensed or certified under State law. ``(2) Establishment of a provider network.-- ``(A) Medicare and medicaid participating providers.--A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. (b) Conforming Amendments.-- (1) Treatment as a qualified health plan.--Section 1301(a)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a)(2)) is amended-- (A) in the paragraph heading, by inserting ``, the public health insurance option,'' before ``and''; and (B) by inserting ``the public health insurance option under section 2795 of the Public Health Service Act,'' before ``and a multi-State plan''. (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 2795 of the Public Health Service Act,'' before ``or a multi-State qualified health plan''.

Consumer Health Options and Insurance Competition Enhancement Act or the CHOICE Act This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to offer, throughout the United States, a public health insurance option that provides value, choice, competition, and the stability of affordable, high-quality coverage. Plans under the public health insurance option must be qualified health plans and must include plans with bronze, silver, and gold tier benefits. (Qualified health plans are sold on health insurance exchanges, are the only plans eligible for premium subsidies, and fulfill an individual's requirement to maintain minimum essential coverage.) HHS must establish an office of the ombudsman for the public health insurance option. States may establish advisory councils to provide recommendations to HHS on the operations and policies of the public health insurance option. HHS must collect data to establish rates for premiums and health care provider reimbursement and for other purposes. Premium rates for public health insurance option plans must: (1) fully finance administrative costs and provided health benefits, and (2) include a contingency margin. HHS must negotiate rates for health care providers and prescription drugs under the public health insurance option. If HHS is unable to reach a negotiated agreement on rates, HHS must use Medicare rates. States may not tax federal receipts or disbursements attributable to the operation of the public health insurance option. HHS must establish conditions for participation by health care providers in the public health insurance option. A provider participating in Medicare or Medicaid is a participant in the public health insurance option unless the provider opts out.

Consumer Health Options and Insurance Competition Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury Emissions Control Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) mercury pollution is a serious hazard to human health and the environment in the United States; (2) more than 45 percent of the industrial mercury emissions of the United States come from coal-fired power plants; (3) of the mercury deposited in the United States, 60 percent comes from United States sources; (4) human exposure to methylmercury, the most toxic form of mercury, comes almost exclusively from consuming fish and shellfish; (5) mercury released into the atmosphere is deposited into waterways, where the mercury collects in the tissue of fish as methylmercury at concentrations of up to 10,000,000 times that of the mercury concentration in the surrounding water; (6) each year, approximately 630,000 children are born having been exposed to dangerous levels of methylmercury in the womb, placing the children at risk of neurological problems, including poor performance on neurobehavioral tests, especially on tests of-- (A) fine motor function; (B) attention; (C) language; (D) visual-spatial abilities; and (E) memory; (7) exposure of humans and animals of all ages to methylmercury adversely impacts the cardiovascular system, blood pressure regulation, and heart-rate variability, and contributes to heart disease; (8) the monetary benefit of reducing those health outcomes is estimated to be in the billions of dollars; (9) reducing coal-fired power plant mercury emissions by 90 percent is-- (A) feasible by calendar year 2010 using current methods, such as activated carbon injection technology and fabric filters; and (B) projected to result in annual financial benefits of up to $5,200,000,000; (10) the addition of a scrubber can reduce mercury emissions by up to 98 percent from a bituminous coal-fired power plant; (11) activated carbon injection technology has been successfully used to control mercury emissions from municipal waste incinerators, leading to reductions from 45.2 tons in 1990 to 2.2 tons in 2000; (12) the capital cost of activated carbon injection equipment is minimal, at less than $3 per kilowatt; (13) the final rules of the Environmental Protection Agency entitled ``Revision of December 2000 Regulatory Finding on the Emissions of Hazardous Air Pollutants From Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam Generating Units from the Section 112(c) List'' (70 Fed. Reg. 15994 (March 29, 2005)) and ``Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units'' (70 Fed. Reg 28606) (May 18, 2005)) (commonly known as the ``Clean Air Mercury Rule''), which were vacated by the United States Court of Appeals for the District of Columbia Circuit, would have reduced mercury emissions by only 50 percent by 2020; (14) in enacting Public Law 101-549 (commonly known as the ``Clean Air Act Amendments of 1990'') (42 U.S.C. 7401 et seq.), Congress included a list of 188 hazardous air pollutants, including mercury, to be regulated under section 112 of the Clean Air Act (42 U.S.C. 7412); and (15) section 112 of that Act requires regulation of hazardous air pollutants using maximum achievable control technology. (b) Purposes.--The purposes of this Act are-- (1) to require the Administrator of the Environmental Protection Agency to promulgate regulations to control hazardous air pollutant emissions from electric utility steam generating units; and (2) to ensure that those regulations accurately reflect the availability of highly effective controls. SEC. 3. EMISSIONS FROM ELECTRIC UTILITY STEAM GENERATING UNITS. Section 112(n)(1) of the Clean Air Act (42 U.S.C. 7412(n)(1)) is amended by adding at the end the following: ``(D) Regulations.-- ``(i) Proposal.--Not later than 180 days after the date of enactment of the Mercury Emissions Control Act, but in no case later than October 1, 2008, the Administrator shall propose regulations under subsection (d) to control the emission from new and existing electric utility steam generating units of hazardous air pollutants, including mercury pollutants. ``(ii) Requirement.--The regulations adopted from the proposed regulations under clause (i) shall require a reduction in emissions of mercury from new and existing electric utility steam generating units of not less than 90 percent.''.

Mercury Emissions Control Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to propose regulations to: (1) control the emission of hazardous air pollutants, including mercury pollutants, from electric utility steam generating units; and (2) require a reduction of not less than 90% in such mercury emissions.

A bill to amend the Clean Air Act to require the Administrator of the Environmental Protection Agency to promulgate regulations to control hazardous air pollutant emissions from electric utility steam generating units.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reservoir Operations Improvement Act''. SEC. 2. REVISION OF WATER MANUALS. (a) In General.--Not later than 18 months after the date on which the Secretary of the Army, acting through the Chief of Engineers, identifies all eligible projects under section 3(c), the Secretary shall revise the water manuals of not more than 15 such projects (including not fewer than 6 projects that are not wholly owned and operated by the Corps of Engineers, if a sufficient number of such projects are identified) in accordance with this section. (b) Data for Revisions.--A revision of a water manual under subsection (a) shall incorporate-- (1) a forecast-informed reservoir operations plan, in accordance with subsection (c); (2) new watershed data; and (3) as applicable, the effects of any structural improvement completed after the date of the most recent revision of the water manual. (c) Forecast-Informed Reservoir Operations Plan.--The Secretary, in collaboration with the Administrator of the National Oceanic and Atmospheric Administration, shall create a forecast-informed reservoir operations plan for each selected project and incorporate such a plan into the applicable revision of a water manual under subsection (a). A forecast-informed reservoir operations plan shall include each of the following components: (1) A consideration of the relationship between ocean and atmospheric conditions, including the El Nino and La Nina cycles, and the potential for above-normal, normal, or below- normal rainfall for the coming water year, including a consideration of atmospheric river forecasts. (2) The precipitation and runoff index specific to the basin and watershed in which the relevant project is located, including information regarding the hydrological and meteorological conditions, at each 10-digit hydrologic unit (as defined by the U.S. Geological Survey) within such watershed, that influence the timing and quantity of runoff. (3) Updated hydrologic forecasting for precipitation, snowpack, and soil moisture conditions. (4) An adjustment of flood control rule curves to optimize, as applicable, water supply storage and reliability, hydropower production, environmental benefits related to flows and temperature, or other authorized project benefits, without a reduction in flood safety. (5) Proactive management in response to changes in forecasts. (d) Consultation and Coordination Requirement.--In revising a water manual under subsection (a), the Secretary shall-- (1) consult with affected entities, including-- (A) non-Federal interests responsible for the operations and maintenance costs of the flood control project for which the water manual is to be revised; (B) water rights holders; (C) individuals or entities with a right to any portion of the water within the reservoir of such project; and (D) local agencies with flood control responsibilities downstream of such project; and (2) enter into a cooperative agreement, memorandum of understanding, or other agreement with each non-Federal interest for the project, describing the scope and goals of the revision and the coordination among the parties. (e) Report.--Not later than 180 days after the date on which the Secretary completes a revision of a water manual under subsection (a), the Secretary shall submit to Congress a report regarding the components of the forecast-informed reservoir operations plan incorporated into such revision. (f) Funding.--The Secretary may accept and expend amounts from non- Federal interests to fund all or a portion of the costs of carrying out a revision of a water manual under this section. SEC. 3. IDENTIFICATION OF ELIGIBLE PROJECTS. (a) Report on Flood Control Projects.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives a report that includes, with respect to any State that is a drought State during water year 2015 or 2016-- (1) a list of each flood control project located in such a State; (2) the year during which the original water manual for each such project was approved; (3) the year or years during which any revisions to the water manual of any such project occurred or are requested to occur; (4) a list of each such project for which operational deviations for drought contingency have been requested, and the status of such request; (5) a list of each such project for which permanent or seasonal changes to storage allocations have been requested, and the status of such request; and (6) a description of the means by which water conservation and water quality improvements were addressed in any response to a request under paragraph (4) or (5). (b) Incorporation of Prior Studies.--The Secretary shall incorporate into the report under subsection (a) any information or finding that is-- (1) included in or gathered for a report required by section 1046(a)(2) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2319 note); and (2) relevant to the subject matter of the report under subsection (a) of this section. (c) Eligible Projects.--Not later than 60 days after the date on which the report under subsection (a) is submitted, the Secretary shall identify each flood control project-- (1) that is included in the report under subsection (a); (2) that includes a reservoir; and (3) for which a non-Federal interest has submitted to the Secretary a written request, pursuant to subsection (d), to revise the water manual for the project. (d) Written Request.--Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register the manner in which a non-Federal interest for a flood control project may submit to the Secretary a written request under subsection (c)(3) to revise the water manual for the project. SEC. 4. EFFECTS. (a) Authorized Purposes of Projects.-- (1) No effect on existing purposes.--In accordance with all applicable laws, a revision of a water manual under section 2(a) may not reduce the water supply for any authorized purpose, other than flood control, of a flood control project. (2) New purposes not authorized.--Nothing in this Act authorizes the Secretary to carry out, with respect to any flood control project, any activity for a purpose not authorized on the day before the date of enactment of this Act. (b) State Law.--Nothing in this Act-- (1) affects or modifies any obligation of the Secretary under State law; or (2) authorizes the diversion or use of water in a manner that is inconsistent with State water rights law. (c) Federal Law.--Nothing in this Act preempts or waives any provision of Federal law concerning the procedures that apply to a revision of a water manual. SEC. 5. DEFINITIONS. In this Act: (1) Drought state.--The term ``drought State'' means a State-- (A) for which the Governor has declared a drought; or (B) that contains at least one county for which the Secretary of Agriculture has designated a drought disaster. (2) Flood control project.--The term ``flood control project'' means a project operated, wholly or in part, for flood control, in accordance with rules prescribed by the Secretary pursuant to section 7 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (33 U.S.C. 709). (3) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (4) Water manual.--The term ``water manual'' means, with respect to a flood control project, the water operations manual, the flood control rule curves, and the water control manual, as applicable.

Reservoir Operations Improvement Act This bill directs the U.S. Army Corps of Engineers to submit a report with respect to each drought state (a state for which the governor has declared a drought or that contains at least one county for which the Department of Agriculture has designated a drought disaster) during water year 2015 or 2016 that includes: a list of flood control projects in such state; the year during which the original water manual (water operations manuals, flood control rule curves, and water control manuals) for each project was approved; the years during which any revisions to a project's water manual occurred or are requested to occur; a list of projects for which operational deviations for drought contingency, and changes to storage allocations, have been requested and the status of such requests; and a description of the means by which water conservation and water quality improvements were addressed in any response to such requests. The Corps of Engineers shall: (1) identify each project included in the report that includes a reservoir and for which a non-federal interest has submitted a written request to revise the project's water manual; (2) revise the water manuals of not more than 15 of such projects; and (3) in collaboration with the National Oceanic and Atmospheric Administration, create a forecast-informed reservoir operations plan for each selected project. The water manual revision shall incorporate such plan, new watershed data, and the effects of any structural improvement completed after the date of the most recent prior revision of the water manual. A revision of a water manual may not reduce the water supply for any authorized purpose, other than flood control, of a flood control project.

Reservoir Operations Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest in Small Business Act of 2008''. SEC. 2. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK. (a) Increased Exclusion.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating to exclusion) is amended to read as follows: ``(a) Exclusion.--Gross income shall not include any gain from the sale or exchange of qualified small business stock held for more than 3 years.''. (2) Rule relating to stock held among members of controlled group.--Subsection (c) of section 1202 of such Code is amended by adding at the end the following new paragraph: ``(4) Stock held among members of 25-percent controlled group not eligible.-- ``(A) In general.--Stock of a member of a 25- percent controlled group shall not be treated as qualified small business stock while held by another member of such group. ``(B) 25-percent controlled group.--For purposes of subparagraph (A), the term `25-percent controlled group' means any controlled group of corporations as defined in section 1563(a)(1), except that-- ``(i) `more than 25 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and ``(ii) section 1563(a)(4) shall not apply.''. (3) Conforming amendments.-- (A) Subsections (b)(2), (g)(2)(A), and (j)(1)(A) of section 1202 of such Code are each amended by striking ``5 years'' and inserting ``3 years''. (B) Section 1223(13) of such Code is amended by striking ``1202(a)(2)''. (C) The heading for section 1202 of such Code is amended by striking ``partial''. (D) The item relating to section 1202 in the table of sections for part I of subchapter P of chapter 1 of such Code is amended to read as follows: ``Sec. 1202. Exclusion for gain from certain small business stock.''. (b) Repeal of Minimum Tax Preference.-- (1) In general.--Subsection (a) of section 57 of the Internal Revenue Code of 1986 (relating to items of tax preference) is amended by striking paragraph (7). (2) Technical amendment.--Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (c) Repeal of 28 Percent Capital Gains Rate on Qualified Small Business Stock.-- (1) In general.--Subparagraph (A) of section 1(h)(4) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) collectibles gain, over''. (2) Conforming amendments.-- (A) Section 1(h) of such Code is amended by striking paragraph (7). (B)(i) Section 1(h) of such Code is amended by redesignating paragraphs (8), (9), (10), (11), (12), and (13) as paragraphs (7), (8), (9), (10), (11), and (12), respectively. (ii) Sections 163(d)(4)(B), 854(b)(5), 857(c)(2)(D) of such Code are each amended by striking ``section 1(h)(11)(B)'' and inserting ``section 1(h)(10)(B)''. (iii) The following sections of such Code are each amended by striking ``section 1(h)(11)'' and inserting ``section 1(h)(10)'': (I) Section 301(f)(4). (II) Section 306(a)(1)(D). (III) Section 584(c). (IV) Section702(a)(5). (V) Section 854(a). (VI) Section 854(b)(2). (iv) The heading of section 857(c)(2) is amended by striking ``1(h)(11)'' and inserting ``1(h)(10)''. (d) Increase Aggregate Asset Limitation for Qualified Small Businesses.-- (1) In general.--Paragraph (1) of section 1202(d) of the Internal Revenue Code of 1986 (relating to qualified small business) is amended by striking ``$50,000,000'' each place it appears and inserting ``$100,000,000''. (2) Inflation adjustment.--Section 1202(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2009, each of the $100,000,000 dollar amounts in 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 in which the taxable year begins, determined by substituting `calendar year 2008' 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 $100.''. (e) Effective Date.-- (1) In general.--The amendments made by this section apply to stock issued after December 31, 2008. (2) Special rule for stock issued before january 1, 2009.-- The amendments made by subsections (a), (b), and (c) shall apply to sales or exchanges-- (A) made after December 31, 2008, (B) of stock issued on or before such date, and (C) by a taxpayer other than a corporation.

Invest in Small Business Act of 2008 - Amends the Internal Revenue Code to: (1) increase the exclusion from gross income of the gain from the sale or exchange of qualified small business stock from 50 to 100% of such gain and reduce the holding period for such stock from five to three years; (2) disqualify stock held by members of a 25% controlled group of corporations for such tax exclusion; (3) repeal gain from the sale or exchange of qualified small business stock as an item of tax preference for purposes of the alternative minimum tax; (4) repeal the maximum 28% tax rate on gain from the sale or exchange of qualified small business stock; and (5) increase to $100 million (adjusted for inflation after 2009) the aggregate asset limitation for determining eligibility of the stock of corporations for qualified small business stock tax treatment.

To amend the Internal Revenue Code of 1986 to modify the partial exclusion for gain from certain small business stocks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Home Design Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Accessible.--The term ``accessible'' (except when used in the context of accessible format) means-- (A) consistent with-- (i) subpart D of part 36 of title 28, Code of Federal Regulations (or any corresponding similar regulation or ruling); and (ii) appendices B and D to part 1191 of title 36, Code of Federal Regulations (or any corresponding similar regulation or ruling); and (B) independently usable by individuals with disabilities, including those who use a mobility device such as a wheelchair. (2) Access board.--The term ``Access Board'' means the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792). (3) Covered dwelling unit.--The term ``covered dwelling unit'' means a dwelling unit that-- (A) is a detached single family house, a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures), or a ground- floor unit in a building of not more than 3 dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C)(i) was designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by a person or entity who, at any time before the design or construction, received or was guaranteed Federal financial assistance for any program or activity; (ii) is purchased by a person or entity using amounts that are provided or guaranteed under a program that provides Federal financial assistance for homeownership; or (iii) is offered for purchase by a person or entity using amounts that are provided or guaranteed under a program that provides Federal financial assistance for homeownership; and (D) is made available for first occupancy after the expiration of the 30-month period beginning on the date of the enactment of this Act. (4) Department.--The term ``Department'' means the Department of Housing and Urban Development. (5) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, any Federal Home Loan Bank, the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, or any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, insurance, guarantee, contract, or any other arrangement, after the expiration of the 1-year period beginning on the date of the enactment of this Act, including-- (i) a grant, subsidy, or any other funds; (ii) real or personal property or any interest in or use of such property, including-- (I) transfers or leases of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (iii) any tax credit, mortgage or loan guarantee, or insurance; and (iv) community development funds in the form of obligations guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); and (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (6) Individual with a disability.--The term ``individual with a disability'' means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (7) Individuals with disabilities.--The term ``individuals with disabilities'' means more than 1 individual with a disability. (8) Person or entity.--The term ``person or entity'' includes 1 or more individuals, corporations (including not- for-profit corporations), partnerships, associations, labor organizations, legal representatives, mutual corporations, joint-stock companies, trusts, unincorporated associations, trustees, trustees in cases under title 11 of the United States Code, receivers, and fiduciaries. (9) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (10) Universal home design.--The term ``universal home design'' means the inclusion of architectural and other landscaping features that allow basic access to and within a residential dwelling by an individual with a disability who cannot climb stairs, including an individual who uses a mobility device such as a wheelchair. SEC. 3. ESTABLISHMENT OF UNIVERSAL HOME DESIGN GUIDELINES. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Access Board, in consultation with the Secretary, shall develop and issue guidelines setting forth the minimum technical criteria and scoping requirements for a covered dwelling unit to be in compliance with universal home design under this Act. (b) Universal Home Design Features Covered.--The guidelines required to be developed and issued under subsection (a) shall include, at a minimum, basic access to a covered dwelling unit and to not less than 1 level within such covered dwelling unit, including-- (1) an accessible entrance located on an accessible path from the public street or driveway; (2) accessible interior doors with sufficient clear width and accessible thresholds; (3) accessible environmental controls on the wall; (4) at least 1 accessible indoor room that has an area of not less than 70 square feet and contains no side or dimension narrower than 7 feet; (5) an accessible bathroom with-- (A) an accessible sink and toilet; and (B) reinforced walls that permit the installation of grab bars; and (6) a kitchen space-- (A) with accessible food preparation, washing, and storage areas; and (B) that can easily be further adapted to accommodate an individual with a disability. (c) Regulations.--Not later than 6 months after the date on which the guidelines are issued under subsection (a), the Secretary shall issue regulations, in an accessible format-- (1) to carry out the provisions of this Act; and (2) that include accessibility standards that are consistent with the guidelines issued under subsection (a). (d) Review and Amendment.-- (1) Access board.--The Access Board, in consultation with the Secretary, shall-- (A) periodically review and, as appropriate, amend the guidelines issued under subsection (a); and (B) issue such amended guidelines as revised guidelines. (2) Secretary.--Not later than 6 months after the date on which revised guidelines are issued under paragraph (1)(B), the Secretary shall issue revised regulations that are consistent with such revised guidelines. SEC. 4. USE OF UNIVERSAL HOME DESIGN GUIDELINES IN NEW CONSTRUCTION. It shall be unlawful for any person described in clauses (i), (ii), and (iii) of section 2(3)(C), with respect to a covered dwelling unit, to fail to ensure that the covered dwelling unit complies with the universal home design guidelines established under section 3. SEC. 5. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--Each applicant for Federal financial assistance that is to be used for a covered dwelling unit shall submit to the agency providing such Federal financial assistance an assurance, at such time and in such manner as the head of the agency may require, verifying that the applicant is in compliance with the universal home design guidelines established under section 3 with respect to the covered dwelling unit. (b) Civil Action for Private Persons.--Any person aggrieved by an act or omission that is unlawful under section 3 or 4 may commence a civil action in an appropriate United States district court against any person or entity responsible for any part of the design, construction, or sale of a covered dwelling unit. (c) Enforcement by Attorney General.--Whenever the Attorney General has reasonable cause to believe that any person or group of persons has violated section 3 or 4, the Attorney General may commence a civil action in any appropriate United States district court. The Attorney General may also, upon timely application, intervene in any civil action brought under subsection (b) by a private person if the Attorney General certifies that the case is of general public importance. (d) Relief.--In any civil action brought under subsection (b) or (c), if the court finds that a violation of section 3 or 4 of this Act has occurred or is about to occur, it may award to the plaintiff actual and punitive damages, and may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating section 3 or 4 of this Act or ordering such affirmative action as may be appropriate). (e) Attorney's Fees.--In any civil action brought under subsection (b) or (c), the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in conformity with the universal home design guidelines established under section 3 shall not be considered to terminate until the violation is corrected. SEC. 6. OFFICE OF ACCESSIBLE HOUSING AND DEVELOPMENT. (a) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary shall establish in the Department an Office of Accessible Housing and Development. (b) Director.--The Office of Accessible Housing and Development shall be headed by a Director of Accessible Housing and Development, who shall be-- (1) appointed by the Secretary; (2) an individual with substantial knowledge of individuals with disabilities and universal design; and (3) responsible for implementing the responsibilities described in subsection (c). (c) Responsibilities.-- (1) Information dissemination.--The Office of Accessible Housing and Development shall disseminate information to inform the public about the importance of universal home design by-- (A) sharing information and resources about the requirements under this Act, the Fair Housing Act (42 U.S.C. 3601 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act (42 U.S.C. 12101 et seq.); and (B) creating a website in accordance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) to facilitate the dissemination of information and resources under subparagraph (A). (2) Surveying the availability of affordable and accessible housing.--Not later than 180 days after the date of enactment of this Act, the Office of Accessible Housing and Development shall conduct a study and submit to the Secretary a report on the number of covered dwelling units and other housing units that are accessible to individuals with disabilities in each State, disaggregated by type of housing, cost, and location. (3) Promoting universal home design.--The Office of Accessible Housing and Development shall-- (A) help monitor progress and compliance with the universal home design guidelines established under section 3; (B) submit to the Secretary an annual report detailing compliance with the universal home design guidelines established under section 3, including the number of covered dwelling units that were built in each State that were in compliance with such guidelines; (C) coordinate with, and provide technical assistance to, the Department of Justice to assist in the enforcement of this Act; and (D) perform any other duties as the Secretary may determine appropriate. SEC. 7. SEVERABILITY. If any provision of this Act of the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated shall not be affected thereby.

Universal Home Design Act of 2014 - Requires the Architectural and Transportation Barriers Compliance Board (Access Board) to develop guidelines setting forth the minimum technical criteria and scoping requirements for certain federally assisted single family houses, townhouses, and other specified kinds of dwelling to comply with universal home design. Requires universal home design to include architectural and other landscaping features that allow basic access to and within a residential dwelling by an individual with a disability who cannot climb stairs, including an individual who uses a mobility device such as a wheelchair. Requires each applicant for such federal financial assistance to submit compliance assurances to the relevant federal agency. Permits: (1) private civil actions in a U.S. district court for violations of this Act, and (2) the Attorney General to commence civil actions or intervene in civil actions under it. Directs the Secretary of Housing and Urban Development (HUD) to establish an Office of Accessible Housing and Development to: (1) disseminate information to the public about the importance of universal home design, including through a website; (2) survey and report to the Secretary on the availability of affordable and accessible housing; and (3) promote universal home design.

Universal Home Design Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Rights Protection Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means, as applicable-- (A) the Secretary of Agriculture; or (B) the Secretary of the Interior. (2) Water right.--The term ``water right'' means any surface water, groundwater, or water storage right filed, permitted, certificated, confirmed, decreed, adjudicated, or otherwise recognized by a judicial proceeding or by the State, in which the user acquires the right to put the water to beneficial use, including water rights for federally recognized Indian tribes. SEC. 3. TREATMENT OF WATER RIGHTS. The Secretary shall not-- (1) condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint and sole ownership) directly to the United States, or on any impairment of title, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact; (2) require any water user (including any federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right- of-way, or other land use or occupancy agreement; or (3) condition or withhold the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, in whole or in part, on-- (A) limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right beyond any applicable limitations under State water law; or (B) the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a State. SEC. 4. POLICY DEVELOPMENT. In developing any rule, policy, directive, management plan, or similar Federal action relating to the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, the Secretary-- (1) shall-- (A) recognize the longstanding authority of the States relating to evaluating, protecting, allocating, regulating, permitting, and adjudicating water use; and (B) coordinate with the States to ensure that any rule, policy, directive, management plan, or similar Federal action is consistent with, and imposes no greater restriction or regulatory requirement, than applicable State water law; and (2) shall not-- (A) adversely affect-- (i) the authority of a State in-- (I) permitting the beneficial use of water; or (II) adjudicating water rights; (ii) any definition established by a State with respect to the term ``beneficial use'', ``priority of water rights'', or ``terms of use''; or (iii) any other right or obligation of a State established under State law; or (B) assert any connection between surface and groundwater that is inconsistent with such a connection recognized by State water laws. SEC. 5. EFFECT. (a) Existing Authority.--Except as provided in section 3, nothing in this Act limits or expands any existing legally recognized authority of the Secretary to issue, grant, or condition any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on Federal land that is subject to the jurisdiction of the Secretary. (b) Reclamation Contracts.--Nothing in this Act in any way interferes with any existing or future Bureau of Reclamation contract entered into pursuant to Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act). (c) Endangered Species Act.--Nothing in this Act affects the implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Federal Reserved Water Rights.--Nothing in this Act limits or expands any existing reserved water rights of the Federal Government on land administered by the Secretary. (e) Federal Power Act.--Nothing in this Act limits or expands authorities pursuant to sections 4(e), 10(j), or 18 of the Federal Power Act (16 U.S.C. 797(e), 803(j), 811). (f) Indian Water Rights.--Nothing in this Act limits or expands any existing reserved water right or treaty right of any federally recognized Indian tribe. (g) Federally Held State Water Rights.--Nothing in this Act limits the ability of the Secretary, through applicable State procedures, to acquire, use, enforce, or protect a State water right owned by the United States.

Water Rights Protection Act of 2017 This bill prohibits the Departments of the Interior and Agriculture from: conditioning the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement (permit) on the transfer of any water right to the United States or on any impairment of title granted or otherwise recognized under state law by federal or state action; requiring any water user (including a federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under state law as a condition of the issuance, renewal, amendment, or extension of such a permit; or conditioning or withholding the issuance, renewal, amendment, or extension of such a permit on limiting the date, time, quantity, location of diversion or pumping, or place of use of a state water right beyond any limitations under state water law, or on the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a state. In developing any rule or similar federal action relating to the issuance, renewal, amendment, or extension of any permit, such departments: (1) shall recognize the longstanding water use authority of the states and coordinate with the states to ensure that any federal action is consistent with applicable state water law, and (2) shall not adversely affect the authority of a state in permitting the beneficial use of water or adjudicating water rights.

Water Rights Protection Act of 2017

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare+Choice Program Improvement Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Increase in national per capita Medicare+Choice growth percentage in 2001 and 2002. Sec. 3. Increasing minimum payment amount. Sec. 4. Allowing movement to 50:50 percent blend in 2002. Sec. 5. Increased update for payment areas with only one or no Medicare+Choice contracts. Sec. 6. Permitting higher negotiated rates in certain Medicare+Choice payment areas below national average. Sec. 7. 10-year phase-in of risk adjustment based on data from all settings. Sec. 8. Delay from July to November 2000 in deadline for offering and withdrawing Medicare+Choice plans for 2001. SEC. 2. INCREASE IN NATIONAL PER CAPITA MEDICARE+CHOICE GROWTH PERCENTAGE IN 2001 AND 2002. Section 1853(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w- 23(c)(6)(B)) is amended-- (1) in clause (iii), by adding ``and'' at the end; (2) by striking clauses (iv) and (v); (3) by redesignating clause (vi) as clause (iv); and (4) in clause (iv), as so redesignated, by striking ``after 2002'' and inserting ``after 2000''. SEC. 3. INCREASING MINIMUM PAYMENT AMOUNT. (a) In General.--Section 1853(c)(1)(B)(ii) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(B)(ii)) is amended-- (1) by striking ``(ii) For a succeeding year'' and inserting ``(ii)(I) Subject to subclause (II), for a succeeding year''; and (2) by adding at the end the following new subclause: ``(II) For 2002 for any of the 50 States and the District of Columbia, $500.''. (b) Effective Date.--The amendments made by subsection (a) apply to years beginning with 2002. SEC. 4. ALLOWING MOVEMENT TO 50:50 PERCENT BLEND IN 2002. Section 1853(c)(2) of the Social Security Act (42 U.S.C. 1395w- 23(c)(2)) is amended-- (1) by striking the period at the end of subparagraph (F) and inserting a semicolon; and (2) by adding at the end the following flush matter: ``except that a Medicare+Choice organization may elect to apply subparagraph (F) (rather than subparagraph (E)) for 2002.''. SEC. 5. INCREASED UPDATE FOR PAYMENT AREAS WITH ONLY ONE OR NO MEDICARE+CHOICE CONTRACTS. (a) In General.--Section 1853(c)(1)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(C)(ii)) is amended-- (1) by striking ``(ii) For a subsequent year'' and inserting ``(ii)(I) Subject to subclause (II), for a subsequent year''; and (2) by adding at the end the following new subclause: ``(II) During 2002, 2003, 2004, and 2005, in the case of a Medicare+Choice payment area in which there is no more than one contract entered into under this part as of July 1 before the beginning of the year, 102.5 percent of the annual Medicare+Choice capitation rate under this paragraph for the area for the previous year.''. (b) Construction.--The amendments made by subsection (a) do not affect the payment of a first time bonus under section 1853(i) of the Social Security Act (42 U.S.C. 1395w-23(i)). SEC. 6. PERMITTING HIGHER NEGOTIATED RATES IN CERTAIN MEDICARE+CHOICE PAYMENT AREAS BELOW NATIONAL AVERAGE. Section 1853(c)(1) of the Social Security Act (42 U.S.C. 1395w- 23(c)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``or (C)'' and inserting ``(C), or (D)''; and (2) by adding at the end the following new subparagraph: ``(D) Permitting higher rates through negotiation.-- ``(i) In general.--For each year beginning with 2001, in the case of a Medicare+Choice payment area for which the Medicare+Choice capitation rate under this paragraph would otherwise be less than the United States per capita cost (USPCC), as calculated by the Secretary, a Medicare+Choice organization may negotiate with the Secretary an annual per capita rate that-- ``(I) reflects an annual rate of increase up to the rate of increase specified in clause (ii); ``(II) takes into account audited current data supplied by the organization on its adjusted community rate (as defined in section 1854(f)(3)); and ``(III) does not exceed the United States per capita cost, as projected by the Secretary for the year involved. ``(ii) Maximum rate described.--The rate of increase specified in this clause for a year is the rate of inflation in private health insurance for the year involved, as projected by the Secretary, and includes such adjustments as may be necessary-- ``(I) to reflect the demographic characteristics in the population under this title; and ``(II) to eliminate the costs of prescription drugs. ``(iii) Adjustments for over or under projections.--If this subparagraph is applied to an organization and payment area for a year, in applying this subparagraph for a subsequent year the provisions of paragraph (6)(C) shall apply in the same manner as such provisions apply under this paragraph. ``(iv) Deadline for completion of negotiations.--The Secretary shall complete negotiations with a Medicare+Choice organization under clause (i) for a year by not later than 90 days after the date the organization entered into negotiations with the Secretary.''. SEC. 7. 10-YEAR PHASE-IN OF RISK ADJUSTMENT BASED ON DATA FROM ALL SETTINGS. Section 1853(a)(3)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(C)(ii)) is amended-- (1) by striking the period at the end of subclause (II) and inserting a semicolon; and (2) by adding at the end the following flush matter: ``and, beginning in 2004, insofar as such risk adjustment is based on data from all settings, the methodology shall be phased-in in equal increments over a 10-year period, beginning with 2004 or (if later) the first year in which such data is used.''. SEC. 8. DELAY FROM JULY TO NOVEMBER 2000 IN DEADLINE FOR OFFERING AND WITHDRAWING MEDICARE+CHOICE PLANS FOR 2001. Notwithstanding any other provision of law, the deadline for a Medicare+Choice organization to withdraw the offering of a Medicare+Choice plan under part C of title XVIII of the Social Security Act (or otherwise to submit information required for the offering of such a plan) for 2001 is delayed from July 1, 2000, to November 1, 2000, and any such organization that provided notice of withdrawal of such a plan during 2000 before the date of enactment of this Act may rescind such withdrawal at any time before November 1, 2000.

Delays from July to November 2000 the deadline for withdrawing the offer, or rescinding the withdrawal, of Medicare+Choice plans for 2001.

Medicare+Choice Program Improvement Act of 2000

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Estate Tax Reform Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. INCREASE IN AMOUNT OF UNIFIED CREDIT AGAINST ESTATE AND GIFT TAXES. (a) In General.--Subsection (c) of section 2010 (relating to unified credit against estate tax) is amended to read as follows: ``(c) Applicable Credit Amount.--For purposes of this section-- ``(1) In general.--The applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were the applicable exclusion amount. ``(2) Applicable exclusion amount.--The applicable exclusion amount is equal to the sum of-- ``(A) the decedent's exclusion amount, plus ``(B) in the case of a decedent described in paragraph (4), the unused spousal exclusion amount. ``(3) Decedent's exclusion amount.--For purposes of paragraph (2)(A), the decedent's exclusion amount is determined in accordance with the following table: ``In the case of estates of decedents The decedent's dying, and gifts made, during: exclusion amount is: 2002............................... $1,000,000 2003............................... $1,125,000 2004............................... $1,250,000 2005............................... $1,500,000 2006 or thereafter................. $2,000,000. ``(4) Unused spousal exclusion amount.--With respect to a decedent whose immediately predeceased spouse died after December 31, 2001, the unused spousal exclusion amount for such decedent is equal to the excess of-- ``(A) the applicable exclusion amount allowable under this subsection to the estate of such immediately predeceased spouse, over ``(B) the applicable exclusion amount allowed under this section to the estate of such immediately predeceased spouse.'' (b) Effective Date.--The amendment made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 2001. SEC. 3. INCREASE IN QUALIFIED FAMILY-OWNED BUSINESS INTEREST DEDUCTION AMOUNT. (a) In General.--Paragraph (2) of section 2057(a) (relating to family-owned business interests) is amended to read as follows: ``(2) Maximum deduction.-- ``(A) In general.--The deduction allowed by this section shall not exceed the sum of-- ``(i) the decedent's deduction amount, plus ``(ii) in the case of a decedent described in subparagraph (C), the unused spousal deduction amount. ``(B) Decedent's deduction amount.--For purposes of this subparagraph (A)(i), the decedent's deduction amount is determined in accordance with the following table: ``In the case of estates of decedents The decedent's dying during: deduction amount is: 2002............................... $875,000 2003............................... $1,375,000 2004............................... $1,875,000 2005............................... $2,375,000 2006 or thereafter................. $3,375,000. ``(C) Unused spousal deduction amount.--With respect to a decedent whose immediately predeceased spouse died after December 31, 2001, and the estate of such immediately predeceased spouse met the requirements of subsection (b)(1), the unused spousal deduction amount for such decedent is equal to the excess of-- ``(i) the decedent's deduction amount allowable under this section to the estate of such immediately predeceased spouse, over ``(ii) the decedent's deduction amount allowed under this section to the estate of such immediately predeceased spouse.'' (b) Conforming Amendments.--Section 2057(a)(3)(B) is amended-- (1) by striking ``$675,000'' both places it appears and inserting ``the decedent's deduction amount'', and (2) by striking ``$675,000'' in the heading and inserting ``decedent's deduction amount''. (c) Effective Date.--The amendment made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 2001.

Estate Tax Reform Act of 2001 - Amends the Internal Revenue Code to: (1) provide for incremental increases in the unified credit against the estate and gift taxes (currently, $700,000 for 2002) going from $ 1million for 2002 to $ 2 million by 2006; and (2) increase incrementally the current maximum family-owned business deduction amount ($675,000) to new maximum amounts that will be equal to the sum of the decedent's deduction amount ($3.375 million by 2006) and the unused spousal deduction amount (defined).

A bill to amend the Internal Revenue Code of 1986 to increase the unified credit exemption and the qualified family-owned business interest deduction, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bureau of Reclamation Water Conservation, Efficiency, and Management Improvement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Non-federal entity.--The term ``non-Federal entity'' means a State, Indian tribe, irrigation district, water district, or any other organization with water delivery authority. (2) Reclamation state.--The term ``Reclamation State'' means each of the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. SEC. 3. AUTHORIZATION OF GRANTS AND COOPERATIVE AGREEMENTS. (a) In General.--The Secretary may, in accordance with the criteria published under subsection (b), provide grants to, and enter into cooperative agreements with non-Federal entities to pay the Federal share of the cost of a project to plan, design, construct, or otherwise implement improvements to conserve water, increase water use efficiency, facilitate water markets, enhance water management, or implement other actions to prevent water-related crises or conflicts in watersheds that have a nexus to Federal water projects within the Reclamation States. (b) Eligibility Criteria.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall, consistent with this Act, publish in the Federal Register criteria developed by the Secretary for-- (A) determining the eligibility of a non-Federal entity for assistance under subsection (a); and (B) prioritizing requests for assistance under subsection (a). (2) Factors.--The criteria developed under paragraph (1) shall take into account such factors as-- (A) the extent to which a project under subsection (a) would reduce conflict over water; (B) the extent to which a project under subsection (a) would-- (i) increase water use efficiency; or (ii) enhance water management; (C) the extent to which unallocated water is available in the area in which a project under subsection (a) is proposed to be conducted; (D) the extent to which a project under subsection (a) involves water marketing; (E) the likelihood that the benefit of a project under subsection (a) would be attained; (F) whether the non-Federal entity has demonstrated the ability of the non-Federal entity to pay the non- Federal share; (G) the extent to which the assistance provided under subsection (a) is reasonable for the work proposed under the project; (H) the involvement of the non-Federal entity and stakeholders in a project under subsection (a); (I) whether a project under subsection (a) is related to a Bureau of Reclamation project or facility; and (J) the extent to which a project under subsection (a) would conserve water. (c) Federal Facilities.--If a grant or cooperative agreement under subsection (a) provides for improvements to a Federal facility-- (1) the Federal funds provided under the grant or cooperative agreement may be-- (A) provided on a nonreimbursable basis to an entity operating affected transferred works; or (B) determined to be nonreimbursable for non- transferred works; and (2) title to the improvements to the Federal facility shall be held by the United States. (d) Cost-Sharing Requirement.-- (1) Federal share.--The Federal share of the cost of carrying out a project assisted under subsection (a) shall be not more than 50 percent. (2) Non-federal share.--In calculating the non-Federal share of the cost of carrying out a project under subsection (a), the Secretary-- (A) may include any in-kind contributions that the Secretary determines would materially contribute to the completion of proposed project; and (B) shall exclude any funds received from other Federal agencies. (e) Operation and Maintenance Costs.--The non-Federal share of the cost of operating and maintaining improvements assisted under subsection (a) shall be 100 percent. (f) Mutual Benefit.--Grants or cooperative agreements made under this section or section 4 may be for the mutual benefit of the United States and the entity that is provided the grant or enters into the cooperative agreement. (g) Liability.-- (1) In general.--Except as provided in paragraph (2), the United States shall not be liable under Federal or State law for monetary damages of any kind arising out of any act, omission, or occurrence relating to any non-Federal facility constructed or improved under this title. (2) Exception.--Notwithstanding paragraph (1), the United States may be held liable for damages to non-Federal facilities caused by acts of negligence committed by the United States or by an employee or agent of the United States. (3) No additional liability.--Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (commonly known as the ``Federal Torts Claim Act''). SEC. 4. RESEARCH AGREEMENTS. The Secretary may enter into cooperative agreements with institutions of higher education, nonprofit research institutions, or organizations with water or power delivery authority to fund research to conserve water, increase water use efficiency, or enhance water management under such terms and conditions as the Secretary determines to be appropriate. SEC. 5. EFFECT. Nothing in this title affects any existing project-specific funding authority. SEC. 6. EFFECT ON STATE WATER LAW. Nothing in this Act invalidates, preempts, or creates any exception to State water law, State water rights, or any interstate compact governing water. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2007 through 2016.

Bureau of Reclamation Water Conservation, Efficiency, and Management Improvement Act - Authorizes the Secretary of the Interior, acting through the Commissioner of Reclamation, to provide grants to, and enter into cooperative agreements with, nonfederal entities with water delivery authority to pay the federal share of the cost of a project to conserve water, increase water use efficiency, facilitate water markets, enhance water management, or implement other actions to prevent water-related crises or conflicts in watersheds that have a nexus to federal water projects within reclamation states (Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming). Directs the Secretary to publish assistance eligibility and priority criteria. Limits the federal cost share of the project to 50%. Sets the nonfederal cost share for project operation and maintenance at 100%. Authorizes the Secretary to enter into cooperative agreements with institutions of higher education, nonprofit research institutions, or organizations with water or power delivery authority to fund research to conserve water, increase water use efficiency, or enhance water management.

A bill to authorize the Secretary of the Interior to make available cost-shared grants and enter into cooperative agreements to further the goals of the Water 2025 Program by improving water conservation, efficiency, and management in the Reclamation States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Economic Stimulus Act of 2008''. SEC. 2. RETROACTIVE, 2-YEAR MORATORIUM ON INCLUSION OF UNEMPLOYMENT COMPENSATION IN GROSS INCOME. (a) In General.--Section 85 of the Internal Revenue Code of 1986 (relating to unemployment compensation) is amended by adding at the end the following new subsection: ``(c) Moratorium.--This section shall not apply to any taxable year beginning in 2007 or 2008.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. TEMPORARY INCREASE IN CHILD CREDIT. (a) In General.--Subsection (a) of section 24 of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended by inserting ``($1,200 in the case of the first taxable year beginning in 2008)'' after ``$1,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2007. SEC. 4. 2008 STIMULUS CREDIT. (a) In General.--Section 6428 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 6428. 2008 STIMULUS CREDIT. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by chapter 1 for the taxpayer's first taxable year beginning in 2008 an amount equal to $400 ($800 in the case of a joint return). ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be zero if the modified adjusted gross income of the taxpayer exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $115,000 in the case of a joint return and head of household (as defined in section 2(b)), ``(B) $75,000 in the case of an individual who is not married, and ``(C) $57,500 in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. ``(c) Credit Treated as Nonrefundable Personal Credit.--For purposes of this title, the credit allowed under this section shall be treated as a credit allowable under subpart A of part IV of subchapter A of chapter 1. ``(d) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual other than-- ``(1) any estate or trust, ``(2) any nonresident alien individual, and ``(3) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins. ``(e) Coordination With Advance Refunds of Credit.-- ``(1) In general.--The amount of credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (e). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a refund or credit made or allowed under subsection (f) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. ``(f) Advance Refunds of Credit Based on Prior Year Data.-- ``(1) In general.--Each individual who was an eligible individual for such individual's first taxable year beginning in 2006 shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the advance refund amount for such taxable year. ``(2) Advance refund amount.--For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such first taxable year if-- ``(A) this section (other than subsections (c) and (e) and this subsection) had applied to such taxable year, and ``(B) the credit for such taxable year were not allowed to exceed the excess (if any) of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits). ``(3) Timing of payments.--In the case of any overpayment attributable to this subsection, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible and, to the extent practicable, before the date which is 120 days after the date of the enactment of this section. No refund or credit shall be made or allowed under this subsection after December 31, 2008. ``(4) No interest.--No interest shall be allowed on any overpayment attributable to this subsection.''. (b) Conforming Amendment.--Paragraph (1) of section 1(i) of such Code is amended by striking subparagraph (D). (c) Clerical Amendment.--The item relating to section 6428 in the table of sections for subchapter B of chapter 65 of such Code is amended to read as follows: ``Sec. 6428. 2008 stimulus credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 5. ALTERNATIVE EXTENDED-BENEFITS INDICATORS. (a) In General.--For purposes of determining whether there are State ``on'' or ``off'' indicators (within the meaning of section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) for any of the first 52 weeks beginning on or after the date of the enactment of this Act, such section 203(d) shall be applied by substituting ``4'' for ``5'' each place it appears. (b) Definitions.--For purposes of this section, the terms ``State'' and ``week'' have the respective meanings given such terms by section 205 of such Act. SEC. 6. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS. (a) In General.--Subsection (a) of section 3304 of the Internal Revenue Code of 1986 (relating to approval of State laws) is amended by striking ``and'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``; and'', and by inserting after paragraph (19) the following new paragraph: ``(20) the State will distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to certifications of States for 2008 and thereafter, except that section 3304(a)(20) of the Internal Revenue Code of 1986, as added by subsection (a), shall not be a requirement for the State law of any State prior to July 1, 2009, if the legislature of such State does not meet in a regular session which closes during the calendar year 2008.

Family Economic Stimulus Act of 2008 - Amends the Internal Revenue Code to: (1) exclude unemployment compensation from gross income in 2007 and 2008; (2) increase the child tax credit to $1,200 in 2008; (3) allow individual taxpayers a $400 tax rebate ($800 in the case of a joint return) in 2008; (4) extend unemployment insurance benefits; and (5) require states to distribute to unemployed individuals information about unemployment insurance eligibility conditions.

To amend the Internal Revenue Code of 1986 to provide an economic stimulus for individuals.

SECTION 1. RETIREMENT YEARS SAVINGS ACCOUNTS. (a) In General.--Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit- sharing, stock bonus plans, etc.) is amended by inserting after section 408 the following new section: ``SEC. 408A. RETIREMENT YEARS SAVINGS ACCOUNTS. ``(a) General Rule.--Except as provided in this section, a Retirement Years Savings Account shall be treated for purposes of this title in the same manner as an individual retirement plan. ``(b) Retirement Years Savings Account.--For purposes of this title, the term `Retirement Years Savings Account' or `RYS Account' means an individual retirement plan which is designated at the time of the establishment of the plan as a Retirement Years Savings Account. Such designation shall be made in such manner as the Secretary may prescribe. ``(c) Contribution Rules.-- ``(1) Deduction allowed for years before individual attains age 40.--Section 219(g) shall not apply to any contribution to an RYS Account for any taxable year before the taxable year during which the individual attains age 40. ``(2) Denial of deduction for years after individual attains age 40.--No deduction shall be allowed under section 219 for a contribution to an RYS account for the taxable year in which the individual attains age 40 or any taxable year thereafter. ``(3) Increased spousal contribution.-- ``(A) In general.--In the case of an individual to whom this paragraph applies for the taxable year, in lieu of applying section 219(c), the limitation under section 219(b)(1)(B) shall be equal to the sum of-- ``(i) the compensation includible in such individual's gross income for the taxable year, plus ``(ii) the compensation includible in the gross income of such individual's spouse for the taxable year reduced by the amount of the limitation under section 219(b)(1) applicable to such spouse for such taxable year. ``(B) Individuals to whom paragraph applies.--This paragraph shall apply to any individual if-- ``(i) such individual files a joint return for the taxable year, and ``(ii) the amount of compensation (if any) includible in such individual's gross income for the taxable year is less than the compensation includible in the gross income of such individual's spouse for the taxable year. ``(4) Tax on excess contributions.--Section 4973 shall be applied separately with respect to individual retirement plans which are RYS Accounts and individual retirement plans which are not RYS Accounts; except that, for purposes of applying such section with respect to individual retirement plans which are RYS Accounts, the limitation under paragraph (3) shall be taken into account. ``(5) Limitations on rollover contributions.--No rollover contribution may be made to an RYS Account unless-- ``(A) such contribution is from another RYS Account, or ``(B) such contribution is from an individual retirement plan (other than an RYS Account) and is made before January 1, 1998. ``(d) Distribution Rules.--For purposes of this title-- ``(1) Exclusion from gross income; no penalty tax.--No portion of a qualified distribution from an RYS Account shall be includible in gross income. ``(2) Qualified distribution.--For purposes of this subsection, the term `qualified distribution' means any payment or distribution-- ``(A) made on or after the date on which the individual attains age 59\1/2\, ``(B) made to a beneficiary (or to the estate of the individual) on or after the death of the individual, or ``(C) attributable to the individual's being disabled (within the meaning of section 72(m)(7)). ``(e) Other Definitions.--For purposes of this section-- ``(1) Rollover contributions.--The term `rollover contributions' means contributions described in sections 402(c), 403(a)(4), 403(b)(8), or 408(d)(3). ``(2) Compensation.--The term `compensation' has the meaning given such term by section 219(f).'' (b) Clerical Amendment.--The table of sections for subpart A of part I of subchapter D of chapter 1 of such Code is amended by inserting after the item relating to section 408 the following new item: ``Sec. 408A. Retirement Years Savings Accounts.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

Amends the Internal Revenue Code to allow a deduction for contributions made by an individual who is younger than the age of 40 to an individual retirement plan designated as a Retirement Years Savings Account (RYS). Prohibits any rollover contribution to an RYS account unless: (1) such contribution is from another RYS account; or (2) such contribution is from another individual retirement plan (other than an RYS account) and is made before January 1998.

To amend the Internal Revenue Code of 1986 to allow deductible contributions to individual retirement plans designated as Retirement Years Savings Accounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Uniformed Services Differential Pay Protection Act''. SEC. 2. INCOME TAX WITHHOLDING ON DIFFERENTIAL WAGE PAYMENTS. (a) In General.--Section 3401 of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new subsection: ``(i) Differential Wage Payments to Active Duty Members of the Uniformed Services.-- ``(1) In general.--For purposes of subsection (a), any differential wage payment shall be treated as a payment of wages by the employer to the employee. ``(2) Differential wage payment.--For purposes of paragraph (1), the term `differential wage payment' means any payment which-- ``(A) is made by an employer to an individual with respect to any period during which the individual is performing service in the uniformed services while on active duty for a period of more than 30 days, and ``(B) represents all or a portion of the wages the individual would have received from the employer if the individual were performing service for the employer.'' (b) Effective Date.--The amendment made by this section shall apply to remuneration paid after December 31, 2004. SEC. 3. TREATMENT OF DIFFERENTIAL WAGE PAYMENTS FOR RETIREMENT PLAN PURPOSES. (a) Pension Plans.-- (1) In general.--Section 414(u) of the Internal Revenue Code of 1986 (relating to special rules relating to veterans' reemployment rights under USERRA) is amended by adding at the end the following new paragraph: ``(11) Treatment of differential wage payments.-- ``(A) In general.--Except as provided in this paragraph, for purposes of applying this title to a retirement plan to which this subsection applies-- ``(i) an individual receiving a differential wage payment shall be treated as an employee of the employer making the payment, ``(ii) the differential wage payment shall be treated as compensation, and ``(iii) the plan shall not be treated as failing to meet the requirements of any provision described in paragraph (1)(C) by reason of any contribution which is based on the differential wage payment. ``(B) Special rule for distributions.-- ``(i) In general.--Notwithstanding subparagraph (A)(i), for purposes of section 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(11)(A), or 457(d)(1)(A)(ii), an individual shall be treated as having been severed from employment during any period the individual is performing service in the uniformed services described in section 3401(i)(2)(A). ``(ii) Limitation.--If an individual elects to receive a distribution by reason of clause (i), the plan shall provide that the individual may not make an elective deferral or employee contribution during the 6-month period beginning on the date of the distribution. ``(C) Nondiscrimination requirement.--Subparagraph (A)(iii) shall apply only if all employees of an employer performing service in the uniformed services described in section 3401(i)(2)(A) are entitled to receive differential wage payments on reasonably equivalent terms and, if eligible to participate in a retirement plan maintained by the employer, to make contributions based on the payments. For purposes of applying this subparagraph, the provisions of paragraphs (3), (4), and (5), of section 410(b) shall apply. ``(D) Differential wage payment.--For purposes of this paragraph, the term `differential wage payment' has the meaning given such term by section 3401(i)(2).'' (2) Conforming amendment.--The heading for section 414(u) of such Code is amended by inserting ``and to Differential Wage Payments to Members on Active Duty'' after ``USERRA''. (b) Differential Wage Payments Treated as Compensation for Individual Retirement Plans.--Section 219(f)(1) of the Internal Revenue Code of 1986 (defining compensation) is amended by adding at the end the following new sentence: ``The term `compensation' includes any differential wage payment (as defined in section 3401(i)(2)).'' (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2004. (d) Provisions Relating to Plan Amendments.-- (1) In general.--If this subsection applies to any plan or annuity contract amendment-- (A) such plan or contract shall be treated as being operated in accordance with the terms of the plan or contract during the period described in paragraph (2)(B)(i), and (B) except as provided by the Secretary of the Treasury, such plan shall not fail to meet the requirements of the Internal Revenue Code of 1986 or the Employee Retirement Income Security Act of 1974 by reason of such amendment. (2) Amendments to which section applies.-- (A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to any amendment made by this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2007. (B) Conditions.--This subsection shall not apply to any plan or annuity contract amendment unless-- (i) during the period beginning on the date the amendment described in subparagraph (A)(i) takes effect and ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (ii) such plan or contract amendment applies retroactively for such period.

Uniformed Services Differential Pay Protection Act - Amends the Internal Revenue Code to treat differential wage payments as a payment of wages by an employer to an employee for income tax purposes. Defines "differential wage payment" as any employer payment to an individual serving on active duty in the uniformed services for more than 30 days which represents wages such individual would have received if such individual were performing services for the employer. Treats an individual receiving differential wage payments as an employee and treats differential wage payments as compensation for retirement plan purposes.

To amend the Internal Revenue Code of 1986 to clarify the proper treatment of differential wage payments made to employees called to active duty in the uniformed services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``WIC Fraud Prosecution Act of 1994''. SEC. 2. FINDINGS. Congress finds that-- (1) the special supplemental food program for women, infants, and children (WIC) established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) provides vital and nutritious foods to vulnerable Americans; (2) the improper diversion of WIC benefits by stores and other food vendors authorized to accept WIC food instruments harms the entire WIC program; and (3) severe penalties should be imposed on store owners and managers and WIC clinic employees engaged in trafficking in WIC food instruments. SEC. 3. DISQUALIFICATION AND CIVIL MONEY PENALTIES FOR WIC FOOD VENDORS; CRIMINAL PENALTIES. Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by adding at the end the following new subsection: ``(q)(1) Except as provided in paragraph (2), any food vendor authorized to participate in the program authorized under subsection (c)(1) (referred to in this subsection as the `program') shall be permanently disqualified from further participation in the program, on a finding, made in accordance with regulations issued by the Secretary, that any owner, officer, supervisor, or manager of the vendor intentionally-- ``(A) trafficked in program food instruments or otherwise obtained program food instruments by buying the instruments at a discount in an unlawful manner; ``(B) obtained benefits purchased at a discount through the improper use of a program access device; or ``(C) sold or purchased firearms, ammunition, explosives, or controlled substances (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))) in exchange for, or with, program food instruments. ``(2) If the Secretary determines that disqualification of a food vendor would cause hardship to persons participating in the program, in lieu of disqualification under paragraph (1), the Secretary may impose on the vendor a civil money penalty of up to $20,000 for each violation described in paragraph (1). ``(3) Any owner, officer, supervisor, or manager of a program food vendor or any employee of a program clinic who intentionally traffics in program food instruments or otherwise obtains program food instruments by buying the instruments at a discount in a manner not permitted by law shall be guilty of a felony and shall be fined not more than $100,000 or imprisoned not more than 10 years, or both. ``(4)(A) At any time after imposing a money penalty under this subsection, the Secretary may request the Attorney General to institute a civil action to collect the penalty against a person subject to the penalty in a district court of the United States for any district in which the person is found, resides, or transacts business. ``(B) The court shall have jurisdiction to hear and decide the action. ``(C) In the action, the validity and amount of the penalty shall not be subject to review. ``(5)(A) The Secretary may impose a fine against any person not approved by the Secretary to accept program food instruments who violates this subsection or a regulation issued under this subsection, including a violation concerning the acceptance of program food instruments and including such violations by employees of program clinics. ``(B) The amount of the fine shall be established by the Secretary and may be assessed and collected in accordance with regulations issued under this subsection separately or in combination with any fiscal claim established by the Secretary. ``(C) The Attorney General may institute judicial action in any court of competent jurisdiction against the person to collect the fine. ``(6) Whoever presents, or causes to be presented, a program food instrument, or who uses a program access device, knowing that the instrument or device to have been received, transferred, or used in violation of this subsection or the regulations issued under this subsection shall be guilty of a felony and-- ``(A) on the first conviction of the felony, shall be fined not more than $20,000 or imprisoned for not more than 5 years, or both; and ``(B) on the second and any subsequent conviction of the felony, shall be imprisoned for not less than 1 year and not more than 5 years and may also be fined not more than $30,000. ``(7) In addition to other penalties imposed under this subsection, any person convicted of a violation of this subsection may be suspended by a court from participation in the program for a period of up to 2 years. ``(8)(A) The Secretary may subject to forfeiture and denial of property rights any nonfood item, money, negotiable instrument, security, vendor property (including a building), or other item of value that is furnished or intended to be furnished by any person in exchange for a program food instrument or program access device, or anything of value obtained by use of an access device or program food instruments, or which item or property is used in facilitating such trafficking, in any manner that violates this subsection or a regulation issued under this subsection. ``(B) Any forfeiture and disposal of property forfeited under this subsection for a violation described in subparagraph (A) shall be conducted in accordance with procedures specified in regulations issued by the Secretary.''. SEC. 4. DETECTION OF TRAFFICKING IN WIC FOOD INSTRUMENTS OR ACCESS DEVICES. Section 17(f)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)) is amended-- (1) in subparagraph (C)-- (A) by striking ``and'' at the end of clause (xii); (B) by redesignating clause (xiii) as clause (xiv); and (C) by inserting after clause (xii) the following new clause: ``(xiii) a detailed plan for the detection and punishment of store owners or program food vendors for trafficking in food instruments or access devices used in connection with the program authorized subsection (c)(1), subject to subparagraph (F); and''; and (2) by adding at the end the following new subparagraph: ``(F)(i) The plan described in subparagraph (C)(xiii) shall target higher risk stores or vendors. ``(ii) The State agency shall set aside funds for carrying out subparagraph (C)(xiii). ``(iii) The State agency shall fully cooperate with the attorney general of a State, county attorneys, law enforcement officers, and Federal prosecutors or law enforcement personnel in any investigation of trafficking in food instruments or access devices used in connection with the program authorized under subsection (c)(1).''.

WIC Fraud Prosecution Act of 1994 - Amends the Child Nutrition Act of 1966 to set civil and criminal penalties with respect to trafficking in food instruments and other frauds in connection with the special supplement food program for women, infants, and children. Requires each State plan to include a detailed plan for the detection and punishment of store owners or food vendors for trafficking in food instruments or access devices.

WIC Fraud Prosecution Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Excellence in Research and Development Act of 1996''. SEC. 2. FINDINGS. The Congress finds the following: (1) Due to the end of the Cold War, the United States has not recently conducted underground nuclear testing at the Department of Energy facility known as the Nevada Test Site, Nevada, and the United States does not plan to conduct such testing in the foreseeable future. (2) Because the world political situation is ever-changing and dangerous, it is imperative that the United States remain strong militarily and continue to be a nuclear superpower. (3) It is imperative that portions of the Nevada Test Site be maintained in a full state of readiness to ensure the capability of the nuclear arsenal of the United States. (4) The Nevada Test Site is in a beneficial location for activities suitable for research and development of emerging technologies that will be important to the United States in the 21st century. (5) Technology development carried out at the Nevada Test Site should include both private-sector and military projects. (6) The Nevada Test Site can support the stewardship of the Nation's nuclear weapons stockpile, the nonproliferation of nuclear weapons, and the technological competitiveness of the United States by providing the environment for nuclear and non- nuclear test and demonstration experiments and projects for government, industry, and academia. (7) The Nevada Test Site can provide the infrastructure to support industrial and civilian tests of environmentally demanding projects and programs in addition to maintaining its readiness capability in support of the nuclear arsenal. (8) The Nevada Test Site can support the testing and demonstration of environmental clean-up technologies by government and industry. (9) The Nevada Test Site can support the testing of alternative and renewable energy sources for environmentally clean and economically competitive replacements for traditional fossil energy sources and uses in many parts of Nevada and in the United States as a whole. (10) The Nevada Test Site can provide support for disarmament activities such as the demonstration of rocket motor destruction technology and conventional munitions destruction technology. (11) The Nevada Test Site can support non-proliferation experiments in disablement, nuclear forensics, sensors, and verification and monitoring. (12) The Nevada Test Site can support treaty-compliant experiments for stockpile stewardship purposes. (13) The size and remoteness of the Nevada Test Site make the Nevada Test Site well-suited for a multitude of activities associated with the restructuring of the United States military. (14) The Nevada Test Site can also support non- proliferation, counter-proliferation, and counter-terrorism activities. SEC. 3. PURPOSES. It is the purpose of this Act-- (1) to ensure full operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site; (2) to ensure an appropriate level of funds for such readiness to be maintained; (3) to create a National Test and Demonstration Center of Excellence at the Nevada Test Site for the promotion of disarmament, demilitarization, alternative and renewable energy sources, the nonproliferation of nuclear weapons, counter- proliferation of nuclear weapons, sensor development, and environmentally sensitive technologies; and (4) to ensure the availability of the Nevada Test Site, within appropriate restrictions, for use by private-sector industries seeking to make use of the inherent qualities that make the Nevada Test Site the greatest outdoor laboratory in the world. SEC. 4. MAINTENANCE OF READINESS CAPABILITY OF NEVADA TEST SITE. (a) Authorization of Appropriations.-- (1) In general.--The amount referred to in paragraph (2) is hereby authorized to be appropriated to the Secretary of Energy for fiscal year 1995 and each fiscal year thereafter to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. (2) Authorized amount.--The amount referred to in paragraph (1) is not less than the amount appropriated to the Secretary of Energy for fiscal year 1992 to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. (b) Staffing Levels.--The Secretary of Energy shall maintain a staffing level at the Nevada Test Site that the Secretary considers sufficient to carry out activities under this Act in addition to any other activities conducted by the Department of Energy at the Nevada Test Site. (c) Infrastructure Assessments and Activities.--The Secretary of Energy, through the Nevada Test Site Operations Office, shall carry out any infrastructure assessments and activities necessary to accommodate new projects and initiatives at the Nevada Test Site. SEC. 5. NATIONAL TEST AND DEMONSTRATION CENTER OF EXCELLENCE. (a) Establishment.--There is hereby established within the Department of Energy a National Test and Demonstration Center of Excellence (hereafter in this Act referred to as the ``Center''), to be located at the Nevada Test Site, Nevada. (b) Purpose.--It shall be the purpose of the Center to promote disarmament, demilitarization, alternative and renewable energy sources, the nonproliferation of nuclear weapons, counter-proliferation of nuclear weapons, sensor development, and environmentally sensitive technologies. (c) Activities Related to Alternative and Renewable Energy Sources.--The Center shall carry out the following testing and demonstration activities that are related to alternative and renewable energy sources: (1) The characterization of solar and geothermal resources at the Nevada Test Site. (2) The development of alternative and renewable energy sources, including, as a goal of the Center, the development and completion of two 100-megawatt solar power plants by the year 2000. (3) The conduct of a National Alternative-Fueled Vehicles Program, the objective of which shall be to demonstrate the regional use of natural gas, electricity, and hydrogen as vehicle fuels. (d) Activities Related to Disarmament and Demilitarization.--The Center shall carry out testing and demonstration activities that are related to changes occurring in United States military as a result of the end of the Cold War, including activities-- (1) that involve the demilitarization of large rocket motor and conventional ordnance; (2) that assist in disarmament and demilitarization, generally; and (3) that test and demonstrate the nonmilitary application of technologies and resources the military application of which has decreased or otherwise changed due to disarmament and demilitarization. (e) Activities Related to Nuclear Stockpile Stewardship.--The Center shall carry out testing and demonstration activities related to the stewardship of the nuclear stockpile of the United States. Such activities shall include-- (1) the conduct of experiments that assist in monitoring compliance with international agreements on the nonproliferation of nuclear weapons; (2) the provision of support to the Department of Energy nuclear weapons complex; (3) the conduct of programs for the Department of Energy and the Department of Defense to develop simulator technologies for nuclear weapons design and effects, including advanced hydrodynamic simulators, inertial confinement fusion test facilities, and nuclear weapons effects simulators; and (4) the conduct of the stockpile stewardship program established pursuant to section 3138 of the National Defense Authorization Act for Fiscal Year 1994 (107 Stat. 1946; Public Law 103-160). (f) Activities Related to Nonproliferation.--The Center shall carry out experiments related to the non-proliferation of nuclear weapons, including experiments with respect to disablement, nuclear forensics, sensors, and verification and monitoring. (g) Activities Related to Counter-Proliferation.--The Center shall carry out experiments related to the counter-proliferation of nuclear weapons. (h) Activities Related to Environmental Technologies.--The Center shall carry out testing and demonstration activities related to the development of environmental technologies, including-- (1) the demonstration of technologies concerning the remediation of toxic and hazardous chemicals; and (2) the conduct of training activities pertaining to emergency response to hazardous and toxic accidents and emergencies. (i) Other Activities.--The Center may carry out the testing and demonstration of any other technology which, in the determination of the Secretary of Energy, is appropriate for testing and demonstration at the Nevada Test Site. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Except as provided in section 4, there is authorized to be appropriated to the Secretary of Energy for fiscal year 1997 such sums as may be necessary to carry out this Act.

National Center for Excellence in Research and Development Act of 1996 - Authorizes appropriations to the Secretary of Energy for FY 1995 and beyond to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. Establishes within the Department of Energy a national Test and Demonstration Center of Excellence at the Nevada Test Site, Nevada, to implement testing and demonstration activities related to: (1) certain alternative and renewable energy sources, including solar and geothermal energy, as well as natural gas, electricity, and hydrogen as components of a National Alternative-Fueled Vehicles Program; (2) certain changes in the U.S. military as a result of the end of the Cold War, including demilitarization and disarmament activities and the nonmilitary application of military technologies and resources; (3) stewardship of the Federal nuclear stockpile; (4) non-proliferation and counter-proliferation of nuclear weapons; and (5) development of certain environmental technologies, including technologies for remediation of toxic and hazardous chemicals, and activities pertaining to emergency response to hazardous and toxic accidents.

National Center for Excellence in Research and Development Act of 1996

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Community Protection and Hazardous Fuels Reduction Act of 1997''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. Definitions. TITLE I--MANAGEMENT OF WILDLAND/URBAN INTERFACE AREAS Sec. 101. Identification of wildland/urban interface areas. Sec. 102. Contracting to reduce hazardous fuels and undertake forest management projects in wildland/urban interface areas. Sec. 103. Monitoring requirements. Sec. 104. Reporting requirements. Sec. 105. Termination of authority. TITLE II--FIRE DANGER REDUCTION BY REMOVAL OF GRASSES AND FORBS Sec. 201. Removal of excess levels of grasses and forbs. TITLE III--MISCELLANEOUS PROVISIONS Sec. 301. Regulations. Sec. 302. Authorization of appropriations. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Management of Federal lands has been characterized by large cyclical variations in fire suppression policies, timber harvesting levels, and the attention paid to commodity and noncommodity values. (2) Forests on Federal lands are experiencing significant disease epidemics and insect infestations. (3) The combination of inconsistent management and natural effects has resulted in a hazardous fuels buildup on Federal lands that threatens catastrophic wildfire. (4) While the long-term effect of catastrophic wildfire on forests and forest systems is a matter of debate, there should be no question that catastrophic wildfire must be prevented in areas of the Federal lands where wildlands abut, or are located in close proximity to, communities, residences, and other private and public facilities on non-Federal lands. (5) Wildfire resulting from hazardous fuels buildup in such wildland/urban interface areas threatens the destruction of communities, puts human life and property at risk, threatens community water supplies with erosion that follows wildfire, destroys wildlife habitat, and damages ambient air quality. (6) The Secretary of Agriculture and the Secretary of the Interior must assign a high priority and undertake aggressive management to achieve the elimination of hazardous fuel buildup and reduction of the risk of wildfire to the wildland/urban interface areas on Federal lands. Protection of human life and property, including water supplies and ambient air quality, must be given the highest priority. (7) The noncommodity resources, including riparian zones and wildlife habitats, in wildland/urban interface areas on Federal lands which must be protected to provide recreational opportunities, clean water, and other amenities to neighboring communities and the public suffer from a backlog of unfunded forest management projects designed to provide such protection. (8) In a period of fiscal austerity characterized by shrinking budgets and personnel levels, Congress must provide the Secretary of Agriculture and the Secretary of the Interior with innovative tools to accomplish the required reduction in hazardous fuels buildup and undertake other forest management projects in the wildland/urban interface areas on the Federal lands at least cost. (b) Purpose.--The purpose of this Act is to provide new authority and innovative tools to the Secretary of Agriculture and the Secretary of the Interior to safeguard communities, lives, and property by reducing or eliminating the threat of catastrophic wildfire, and to undertake needed forest management projects, in wildland/urban interface areas on Federal lands. SEC. 3. DEFINITIONS. As used in this Act: (1) Federal lands.--The term ``Federal lands'' means-- (A) federally managed lands administered by the Bureau of Land Management under the Secretary of the Interior; and (B) federally managed lands administered by the Secretary of Agriculture. (2) Forest management project.--The term ``forest management project'' means a project, including riparian zone enhancement, habitat improvement, forage removal by livestock grazing or mechanical means, and soil stabilization or other water quality improvement project, designed to protect one or more noncommodity resources on or in close proximity to Federal lands. (3) Land management plan.--The term ``land management plan'' means the following: (A) With respect to Federal lands described in paragraph (1)(A), a land use plan prepared by the Bureau of Land Management pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), or other multiple-use plan currently in effect. (B) With respect to Federal lands described in paragraph (1)(B), a land and resource management plan (or if no final plan is in effect, a draft land and resource management plan) prepared by the Forest Service pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (4) Secretary concerned.--The term ``Secretary concerned'' means-- (A) with respect to the Federal lands described in paragraph (1)(A), the Secretary of the Interior; and (B) with respect to the Federal lands described in paragraph (1)(B), the Secretary of Agriculture. (5) Wildland/urban interface area.--The term ``wildland/ urban interface area'' means an area of Federal land in close proximity to communities and human habitations, such as homes, cabins, and other property. (6) Congressional committees.--The term ``congressional committees'' means the Committee on Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (7) Hazardous fuels buildup.--The term ``hazardous fuels buildup'' means an accumulation of forage, woody debris, and predominantly dead and dying timber that has the likelihood of igniting. TITLE I--MANAGEMENT OF WILDLAND/URBAN INTERFACE AREAS SEC. 101. IDENTIFICATION OF WILDLAND/URBAN INTERFACE AREAS. (a) Annual Identification.--On or before September 30 of each year, each District Manager of the Bureau of Land Management and each Forest Supervisor of the Forest Service shall identify those areas on Federal lands within the jurisdiction of the District Manager or Forest Supervisor that the District Manager or Forest Supervisor determines-- (1) meet the definition of wildland/urban interface areas; and (2) have hazardous fuels buildups and other forest management needs that warrant the use of forest management projects as provided in section 102. (b) Treatment of Identification Process.--The identification of wildland/urban interface areas under subsection (a) that have hazardous fuels buildups and other forest management needs that warrant the use of forest management projects as provided in section 102 shall not be considered to be agency action for purposes of paragraph (2)(A) or (2)(E) of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). SEC. 102. CONTRACTING TO REDUCE HAZARDOUS FUELS AND UNDERTAKE FOREST MANAGEMENT PROJECTS IN WILDLAND/URBAN INTERFACE AREAS. (a) Contracting Authority.-- (1) In general.--The Secretary concerned is authorized to enter into contracts under this section for the sale of forest products in a wildland/urban interface area identified under section 101 for the purpose of reducing hazardous fuels buildups in the area. (2) Inclusion of forest management projects.--Subject to paragraph (3), the Secretary concerned may require, as a condition of any sale of forest products referred to in paragraph (1), that the purchaser of such products undertake one or more forest management projects in the wildland/urban interface area. (3) Conditions on inclusion.--The Secretary concerned may include a forest management project as a condition in a contract for the sale of forest products referred to in paragraph (1) only when the Secretary determines that-- (A) the forest management project is consistent with the applicable land management plan; and (B) the objectives of the forest management project can be accomplished most cost efficiently and effectively when the project is performed as part of the sale contract. (b) Financing and Supplemental Funding.-- (1) Forest management credits.--The financing of a forest management project required as a condition of a contract for a sale authorized by subsection (a) shall be accomplished through the inclusion in the contract of a provision for amortization of the cost of the forest management project through the issuance of forest management credits to the purchaser. Such forest management credits shall offset the cost of the required forest management project against the purchaser's payment for forest products. (2) Use of appropriated funds.--The Secretary concerned may use appropriated funds to assist the purchaser to undertake a forest management project required as a condition of a contract authorized by subsection (a) if such funds are provided from the resource function or functions that directly benefit from the performance of the project and are available from the annual appropriation for such function or functions during the fiscal year in which the sale is offered. The amount of assistance to be provided for each forest management project shall be included in the prospectus, and published in the advertisement, for the sale. (c) Determination of Forest Management Credits.--Prior to the advertisement of a sale authorized by subsection (a), the Secretary concerned shall determine the amount of forest management credits to be allocated to each forest management project to be required as a condition of the sale contract. A description of the forest management project, and the amount of the forest management credits allocated to the project, shall be included in the prospectus, and published in the advertisement, for the sale. (d) Transfer of Forest Management Credits.--The Secretary concerned may permit a purchaser that holds forest management credits earned by the purchaser as part of a sale authorized by subsection (a), but not used in connection with that sale, to transfer the forest management credits to another sale authorized by subsection (a) if-- (1) the subsequent sale is also purchased by that purchaser; and (2) the sale parcel is located on Federal lands under that Secretary's jurisdiction. (e) Treatment of Forest Management Credits as Moneys Received.-- (1) Bureau of land management lands.--In the case of Federal lands described in section 3(1)(A), all amounts earned by or allowed to any purchaser of a sale authorized by subsection (a) in the form of forest management credits shall be considered to be money received for purposes of title II of the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181f), the first section of the Act of May 24, 1939 (53 Stat. 753; 43 U.S.C. 1181f-1), or other applicable law concerning the distribution of receipts from the sale of forest products on such lands. (2) Forest system lands.--In the case of Federal lands described in section 3(1)(B), all amounts earned by or allowed to any purchaser of a sale authorized by subsection (a) in the form of forest management credits shall be considered to be money received for purposes of the sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500) and section 13 of the Act of March 1, 1911 (36 Stat. 963; commonly known as the Weeks Act; 16 U.S.C. 500). (f) Cost Considerations.--Because of the strong concern for the safety of human life and property and the protection of water quality, air quality, and wildlife habitat, a sale authorized by subsection (a) shall not be precluded because the costs of the sale may exceed the revenues derived from the sale, nor shall such sales be considered in any calculations concerning the revenue effects of the forest products sales program for the Federal lands or units of the Federal lands. (g) Other Requirements.--Nothing in this title shall be construed to require or authorize any alteration in the procedures or requirements for sales of forest products otherwise authorized by law, including the applicable provisions of the small business set-aside program. SEC. 103. MONITORING REQUIREMENTS. The Secretary concerned shall monitor the preparation and offering of contracts, and the performance of forest management projects, pursuant to section 102 to determine the effectiveness of such contracts and forest management projects in achieving the purpose of this Act. SEC. 104. REPORTING REQUIREMENTS. (a) Annual Report.--Not later than 90 days after the end of each full fiscal year in which contracts are entered into under section 102, the Secretary concerned shall submit to the congressional committees a report, which shall provide for the Federal lands within the jurisdiction of the Secretary concerned the following: (1) A list of the wildland/urban interface areas identified on or before September 30 of the previous fiscal year pursuant to section 101. (2) A summary of all contracts entered into, and all forest management projects performed, pursuant to section 102 during the preceding fiscal year; (3) A discussion of any delays in excess of three months encountered during the preceding fiscal year, and likely to occur in the fiscal year in which the report is submitted, in preparing and offering the sales, and in performing the forest management projects, pursuant to section 102. (4) The results of the monitoring required by section 103 of the contracts authorized, and the forest management projects performed, pursuant to section 102. (5) Any anticipated problems in the implementation of this title. (b) Four Year Report.--The fourth report prepared by the Secretary concerned under subsection (a) shall contain, in addition to the matters required by subsection (a), the following: (1) An assessment by the Secretary concerned regarding whether the contracting authority provided in section 102 should be reauthorized beyond the period specified in section 105(a). (2) If reauthorization is warranted, such recommendations as the Secretary concerned considers appropriate regarding changes in such authority to better achieve the purpose of this Act. SEC. 105. TERMINATION OF AUTHORITY. (a) Termination Date.--The authority of the Secretary concerned to offer sales of forest products pursuant to section 102, and to require the purchasers of such products to undertake forest management projects as a condition of such sales, shall terminate at the end of the five- fiscal year beginning on the first October 1st occurring after the date of the enactment of this Act. (b) Effect on Existing Sales.--Any contract for a sale of forest products pursuant to section 102 entered into before the end of the period specified in subsection (a), and still in effect at the end of such period, shall remain in effect after the end of such period pursuant to the terms of the contract. (c) Effect on Existing Forest Management Credits.--If any forest management credits from a sale of forest products pursuant to section 102 are not used before the end of the period specified in subsection (a), and no law providing authority to offer sales pursuant to section 102 after such period is enacted by Congress, such credits may be used after such period in any sale of forest products that is authorized by another law, is purchased by the purchaser of the sale in which the credits were earned, and is conducted by the Secretary concerned who had jurisdiction over the sale in which the credits were earned. TITLE II--FIRE DANGER REDUCTION BY REMOVAL OF GRASSES AND FORBS SEC. 201. REMOVAL OF EXCESS LEVELS OF GRASSES AND FORBS. (a) Contracting Authority.--Whenever a county commission or other unit of local government certifies to the Secretary concerned that there is a danger of fire in a wildland/urban interface area as a result of excessive levels of grasses and forbs on Federal lands in the area and requests the removal of the excessive grasses and forbs, the Secretary is authorized and encouraged to enter into contracts with livestock operators or other parties for the removal of the excessive grasses and forbs. (b) Removal Methods.--In the case of a contract under subsection (a) with a livestock operator, the operator shall use grazing to remove the excessive grasses and forbs. In the case of contracts with other persons, mechanical means, such as discing or mechanical mowing, shall be used. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. TITLE III--MISCELLANEOUS PROVISIONS SEC. 301. REGULATIONS. Not later than 180 days after the date of the enactment of this Act, the Secretary concerned shall prescribe such regulations as are necessary and appropriate to implement this Act. SEC. 302. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for each of the first five fiscal years beginning after the date of the enactment of this Act such sums as may be necessary to carry out this Act.

TABLE OF CONTENTS: Title I: Management of Wildland-Urban Interface Areas Title II: Fire Danger Reduction By Removal of Grasses and Forbs Title III: Miscellaneous Provisions Community Protection and Hazardous Fuels Reduction Act of 1997 - Title I: Management of Wildland-Urban Interface Areas - Requires the Bureau of Land Management and the Forest Service to identify wildlife-urban interface areas (areas of Federal land in close proximity to communities and human habitations) with hazardous fuels buildups and other forest management needs. (Sec. 102) Authorizes the Secretary of Agriculture or of the Interior to (temporarily) enter into forest product sales contracts in order to reduce hazardous fuels buildups in such areas, which may require the purchaser to undertake forest management projects under specified conditions in return for forest management credits. Title II: Fire Danger Reduction by Removal of Grasses and Forbs - Authorizes the Secretary concerned, upon local certification of fire hazard due to excessive grasses and forbs in such areas, to enter into livestock grazing contracts for such vegetation's removal. Authorizes appropriations. Title III: Miscellaneous Provisions - Requires the Secretary concerned to issue implementing regulations within a specified time. Authorizes program appropriations.

Community Protection and Hazardous Fuels Reduction Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens' Self-Defense Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) Police cannot protect, and are not legally liable for failing to protect, individual citizens, as evidenced by the following: (A) The courts have consistently ruled that the police do not have an obligation to protect individuals, only the public in general. For example, in Warren v. District of Columbia Metropolitan Police Department, 444 A.2d 1 (D.C. App. 1981), the court stated: ``[C]ourts have without exception concluded that when a municipality or other governmental entity undertakes to furnish police services, it assumes a duty only to the public at large and not to individual members of the community.''. (B) Former Florida Attorney General Jim Smith told Florida legislators that police responded to only 200,000 of 700,000 calls for help to Dade County authorities. (C) The United States Department of Justice found that, in 1989, there were 168,881 crimes of violence for which police had not responded within 1 hour. (2) Citizens frequently must use firearms to defend themselves, as evidenced by the following: (A) Every year, more than 2,400,000 people in the United States use a gun to defend themselves against criminals--or more than 6,500 people a day. This means that, each year, firearms are used 60 times more often to protect the lives of honest citizens than to take lives. (B) Of the 2,400,000 self-defense cases, more than 192,000 are by women defending themselves against sexual abuse. (C) Of the 2,400,000 times citizens use their guns to defend themselves every year, 92 percent merely brandish their gun or fire a warning shot to scare off their attackers. Less than 8 percent of the time, does a citizen kill or wound his or her attacker. (3) Law-abiding citizens, seeking only to provide for their families' defense, are routinely prosecuted for brandishing or using a firearm in self-defense. For example: (A) In 2001, a grand jury had to rule on the case of 2 brothers that used firearms to protect their lives and their livelihood for their involvement in a fatal shooting in Reisterstown, Maryland. The grand jury decided not to press criminal charges. The brothers, at the time, had encountered several burglaries at their concrete business. The brothers spent the night in their warehouse armed with shotguns. One night at 1:00 in the morning the burglars returned and the brothers shot and killed 1 burglar and injured 2 of the others. The 2 injured men were charged with burglary and 2 others were charged with burglary in connection with burglaries that had occurred in a previous month at the brother's warehouse. Burglary is known to be a violent crime and the brothers were particularly worried when they realized a gun of theirs had been stolen in a previous break-in. (B) In 2008, a Waukegan, Illinois, store clerk shot and injured a robber. According to news reports, there was potential the clerk could face criminal charges, even though he acted in self-defense. The store clerk did not have a firearm owner's identification card and would be charged with a State firearms violation. Additionally, Illinois law does not allow employees to carry a gun in a place of business. Rather, the law only allows individuals to carry a gun in a place of business if that individual is the owner or has proprietary interest. (C) In September 2009, a Lithonia homeowner from Dekalb County, Georgia, was charged with aggravated assault after he shot someone who was trying to knock down the door of his home as an attempt to break into the residence. According to the neighbors, there had been trouble in the neighborhood before. A police spokesperson said the homeowner was charged because the robber was technically not inside the home. The suspected robber was charged with attempted burglary. (D) In January 2004, Wilmette, Illinois, police charged and convicted a homeowner with misdemeanors for owning 2 handguns and violating the village handgun ban ordinance. The homeowner was also faced with a potential $750 fine for failing to renew his Illinois firearm owner's identification card. These charges were brought after he shot a home intruder. The resident stated, ``My Plan A is to call 911 and keep the family upstairs . . . But my Plan B is to have a loaded firearm and put a bullet in the intruder.'' The intruder entered the house 2 times, once through a dog door and the second time with a stolen house key. The homeowner had just put his children to bed when his security system was set off. The homeowner went downstairs and confronted and shot the intruder. The intruder jumped through a window and stole the family's car to go to the hospital. The intruder was charged with 2 counts of residential burglary and 1 count of possession of a stolen vehicle. (4) The courts have granted immunity from prosecution to police officers who use firearms in the line of duty. Similarly, law-abiding citizens who use firearms to protect themselves, their families, and their homes against violent felons should not be subject to lawsuits by the violent felons who sought to victimize them. SEC. 3. RIGHT TO OBTAIN FIREARMS FOR SECURITY, AND TO USE FIREARMS IN DEFENSE OF SELF, FAMILY, OR HOME; ENFORCEMENT. (a) Reaffirmation of Right.--A person not prohibited from receiving a firearm by section 922(g) of title 18, United States Code, shall have the right to obtain firearms for security, and to use firearms-- (1) in defense of self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury; (2) in defense of self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and (3) in defense of the person's home in the course of the commission of a felony by another person. (b) Firearm Defined.--As used in subsection (a), the term ``firearm'' means-- (1) a shotgun (as defined in section 921(a)(5) of title 18, United States Code); (2) a rifle (as defined in section 921(a)(7) of title 18, United States Code); or (3) a handgun (as defined in section 10 of Public Law 99- 408). (c) Enforcement of Right.-- (1) In general.--A person whose right under subsection (a) is violated in any manner may bring an action in any United States district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate. (2) Authority to award a reasonable attorney's fee.--In an action brought under paragraph (1), the court, in its discretion, may allow the prevailing plaintiff a reasonable attorney's fee as part of the costs. (3) Statute of limitations.--An action may not be brought under paragraph (1) after the 5-year period that begins with the date the violation described in paragraph (1) is discovered.

Citizens' Self-Defense Act of 2011 - Declares that a person not prohibited under the Brady Handgun Violence Prevention Act from receiving a firearm shall have the right to obtain firearms for security and to use firearms in defense of: (1) self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury, (2) self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family, and (3) the person's home in the course of the commission of a felony by another person. Authorizes persons whose rights under this Act have been violated to bring an action in U.S. district court against the United States, any state, or any person for damages, injunctive relief, and such other relief as the court deems appropriate.

To protect the right to obtain firearms for security, and to use firearms in defense of self, family, or home, and to provide for the enforcement of such right.

SECTION 1. SHORT TITLE. This Act may be cited as ``Rosa's Law''. SEC. 2. INDIVIDUALS WITH INTELLECTUAL DISABILITIES. (a) Higher Education Act of 1965.--Section 760(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1140(2)(A)) is amended by striking ``mental retardation or''. (b) Individuals With Disabilities Education Act.-- (1) Section 601(c)(12)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1400(c)(12)(C)) is amended by striking ``having mental retardation'' and inserting ``having intellectual disabilities''. (2) Section 602 of such Act (20 U.S.C. 1401) is amended-- (A) in paragraph (3)(A)(i), by striking ``with mental retardation'' and inserting ``with intellectual disabilities''; and (B) in paragraph (30)(C), by striking ``of mental retardation'' and inserting ``of intellectual disabilities''. (c) Elementary and Secondary Education Act of 1965.--Section 7202(16)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7512(16)(E)) is amended by striking ``mild mental retardation,'' and inserting ``mild intellectual disabilities,''. (d) Rehabilitation Act of 1973.-- (1) Section 7(21)(A)(iii) of the Rehabilitation Act of 1973 (29 U.S.C. 705(21)(A)(iii)) is amended by striking ``mental retardation,'' and inserting ``intellectual disability,''. (2) Section 204(b)(2)(C)(vi) of such Act (29 U.S.C. 764(b)(2)(C)(vi)) is amended by striking ``mental retardation and other developmental disabilities'' and inserting ``intellectual disabilities and other developmental disabilities''. (3) Section 501(a) of such Act (29 U.S.C. 791(a)) is amended, in the third sentence, by striking ``President's Committees on Employment of People With Disabilities and on Mental Retardation'' and inserting ``President's Disability Employment Partnership Board and the President's Committee for People with Intellectual Disabilities''. (e) Health Research and Health Services Amendments of 1976.-- Section 1001 of the Health Research and Health Services Amendments of 1976 (42 U.S.C. 217a-1) is amended by striking ``the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963,''. (f) Public Health Service Act.-- (1) Section 317C(a)(4)(B)(i) of the Public Health Service Act (42 U.S.C. 247b-4(a)(4)(B)(i)) is amended by striking ``mental retardation;'' and inserting ``intellectual disabilities;''. (2) Section 448 of such Act (42 U.S.C. 285g) is amended by striking ``mental retardation,'' and inserting ``intellectual disabilities,''. (3) Section 450 of such Act (42 U.S.C. 285g-2) is amended to read as follows: ``SEC. 450. RESEARCH ON INTELLECTUAL DISABILITIES. ``The Director of the Institute shall conduct and support research and related activities into the causes, prevention, and treatment of intellectual disabilities.''. (4) Section 641(a) of such Act (42 U.S.C. 291k(a)) is amended by striking ``matters relating to the mentally retarded'' and inserting ``matters relating to individuals with intellectual disabilities''. (5) Section 753(b)(2)(E) of such Act (42 U.S.C. 294c(b)(2)(E)) is amended by striking ``elderly mentally retarded individuals'' and inserting ``elderly individuals with intellectual disabilities''. (6) Section 1252(f)(3)(E) of such Act (42 U.S.C. 300d- 52(f)(3)(E)) is amended by striking ``mental retardation/ developmental disorders,'' and inserting ``intellectual disabilities or developmental disorders,''. (g) Health Professions Education Partnerships Act of 1998.--Section 419(b)(1) of the Health Professions Education Partnerships Act of 1998 (42 U.S.C. 280f note) is amended by striking ``mental retardation'' and inserting ``intellectual disabilities''. (h) Public Law 110-154.--Section 1(a)(2)(B) of Public Law 110-154 (42 U.S.C. 285g note) is amended by striking ``mental retardation'' and inserting ``intellectual disabilities''. (i) National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act.--Section 402 of the National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act (42 U.S.C. 300b-1 note) is amended by striking ``leading to mental retardation'' and inserting ``leading to intellectual disabilities''. (j) Genetic Information Nondiscrimination Act of 2008.--Section 2(2) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff note) is amended by striking ``mental retardation,'' and inserting ``intellectual disabilities,''. (k) References.--For purposes of each provision amended by this section-- (1) a reference to ``an intellectual disability'' shall mean a condition previously referred to as ``mental retardation'', or a variation of this term, and shall have the same meaning with respect to programs, or qualifications for programs, for individuals with such a condition; and (2) a reference to individuals with intellectual disabilities shall mean individuals who were previously referred to as individuals who are ``individuals with mental retardation'' or ``the mentally retarded'', or variations of those terms. SEC. 3. REGULATIONS. For purposes of regulations issued to carry out a provision amended by this Act-- (1) before the regulations are amended to carry out this Act-- (A) a reference in the regulations to mental retardation shall be considered to be a reference to an intellectual disability; and (B) a reference in the regulations to the mentally retarded, or individuals who are mentally retarded, shall be considered to be a reference to individuals with intellectual disabilities; and (2) in amending the regulations to carry out this Act, a Federal agency shall ensure that the regulations clearly state-- (A) that an intellectual disability was formerly termed mental retardation; and (B) that individuals with intellectual disabilities were formerly termed individuals who are mentally retarded. SEC. 4. RULE OF CONSTRUCTION. This Act shall be construed to make amendments to provisions of Federal law to substitute the term ``an intellectual disability'' for ``mental retardation'', and ``individuals with intellectual disabilities'' for ``the mentally retarded'' or ``individuals who are mentally retarded'', without any intent to-- (1) change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or (2) compel States to change terminology in State laws for individuals covered by a provision amended by this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Rosa's Law - Amends the Higher Education Act of 1965, the Individuals with Disabilities Education Act, the Elementary and Secondary Education Act of 1965, the Rehabilitation Act of 1973, the Public Health Service Act, the Health Professions Education Partnerships Act of 1998, the National Sickle Cell Anemia Act, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act, the Genetic Information Nondiscrimination Act of 2008, and other federal enactments and regulations to change references to mental retardation to references to an intellectual disability. Declares that the changes by this Act are made without any intent to: (1) change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or (2) compel states to change terminology in state laws for individuals covered by a provision amended by this Act.

A bill to change references in Federal law to mental retardation to references to an intellectual disability, and to change references to a mentally retarded individual to references to an individual with an intellectual disability.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fracturing Regulations are Effective in State Hands Act''. SEC. 2. FINDINGS. Congress finds that-- (1) hydraulic fracturing is a commercially viable practice that has been used in the United States for more than 60 years in more than 1,000,000 wells; (2) the Ground Water Protection Council, a national association of State water regulators that is considered to be a leading groundwater protection organization in the United States, released a report entitled ``State Oil and Natural Gas Regulations Designed to Protect Water Resources'' and dated May 2009 finding that the ``current State regulation of oil and gas activities is environmentally proactive and preventive''; (3) that report also concluded that ``[a]ll oil and gas producing States have regulations which are designed to provide protection for water resources''; (4) a 2004 study by the Environmental Protection Agency, entitled ``Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs'', found no evidence of drinking water wells contaminated by fracture fluid from the fracked formation; (5) a 2009 report by the Ground Water Protection Council, entitled ``State Oil and Natural Gas Regulations Designed to Protect Water Resources'', found a ``lack of evidence'' that hydraulic fracturing conducted in both deep and shallow formations presents a risk of endangerment to ground water; (6) a January 2009 resolution by the Interstate Oil and Gas Compact Commission stated ``The states, who regulate production, have comprehensive laws and regulations to ensure operations are safe and to protect drinking water. States have found no verified cases of groundwater contamination associated with hydraulic fracturing.''; (7) on May 24, 2011, before the Oversight and Government Reform Committee of the House of Representatives, Lisa Jackson, the Administrator of the Environmental Protection Agency, testified that she was ``not aware of any proven case where the fracking process itself has affected water''; (8) in 2011, Bureau of Land Management Director Bob Abbey stated, ``We have not seen evidence of any adverse effect as a result of the use of the chemicals that are part of that fracking technology.''; (9)(A) activities relating to hydraulic fracturing (such as surface discharges, wastewater disposal, and air emissions) are already regulated at the Federal level under a variety of environmental statutes, including portions of-- (i) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and (iii) the Clean Air Act (42 U.S.C. 7401 et seq.); but (B) Congress has continually elected not to include the hydraulic fracturing process in the underground injection control program under the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (10) in 2011, the Secretary of the Interior announced the intention to promulgate new Federal regulations governing hydraulic fracturing on Federal land; and (11) a February 2012 study by the Energy Institute at the University of Texas at Austin, entitled ``Fact-Based Regulation for Environmental Protection in Shale Gas Development'', found that ``[n]o evidence of chemicals from hydraulic fracturing fluid has been found in aquifers as a result of fracturing operations''. SEC. 3. DEFINITION OF FEDERAL LAND. In this Act, the term ``Federal land'' means-- (1) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)); (2) National Forest System land; (3) land under the jurisdiction of the Bureau of Reclamation; and (4) land under the jurisdiction of the Corps of Engineers. SEC. 4. STATE AUTHORITY. (a) In General.--A State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the underground injection of fluids or propping agents pursuant to the hydraulic fracturing process, or any component of that process, relating to oil, gas, or geothermal production activities on or under any land within the boundaries of the State. (b) Federal Land.--The underground injection of fluids or propping agents pursuant to the hydraulic fracturing process, or any components of that process, relating to oil, gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located.

Fracturing Regulations are Effective in State Hands Act - Grants any state sole authority to promulgate or enforce any regulation, guidance, or permit requirement with regard to the underground injection of fluids or propping agents pursuant to the hydraulic fracturing process, or any component of such process, relating to oil, gas, or geothermal production activities on or under land within the boundaries of that state. Makes the underground injection of fluids or propping agents pursuant to such process, or any components of such process, relating to oil, gas, or geothermal production activities on federal land subject to the law of the state in which that land is located.

To clarify that a State has the sole authority to regulate hydraulic fracturing on Federal land within the boundaries of the State.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent Fairness Act of 1999''. SEC. 2. PATENT TERM RESTORATION REVIEW PROCEDURE FOR CERTAIN DRUG PRODUCTS. (a) Patent Term Restoration.-- (1) In general.--Chapter 14 of title 35, United States Code, is amended by inserting after section 155A the following new section: ``Sec. 155B. Patent term restoration review procedure for certain drug products ``(a) Definitions.--For purposes of this section-- ``(1) the term `Commissioner' means the Commissioner of Patents and Trademarks; and (2) the term `drug product' has the meaning given such term under section 156(f)(2)(A). ``(b) Special Patent Term Review Procedure.-- ``(1) In general.--The term of any patent, in force on September 24, 1984, and on the date of the filing of an application under this section, that claims-- ``(A) a drug product, ``(B) a method of using a drug product, or ``(C) a method of manufacturing a drug product, shall be restored under paragraph (4) from the expiration date of the patent term determined under section 154 (including any extension granted under section 156) if the Commissioner determines that the standards under paragraph (2) have been met. ``(2) Standards.--Upon application, filed under paragraph (6), by the owner of record of a patent described in paragraph (1) or its agent and consideration of the application and all materials submitted by parties that would be aggrieved by grant of the restoration of the term of such patent, the term of such patent shall be restored if the Commissioner determines that-- ``(A) the period set forth in section 156(g)(1)(B)(ii) for the drug product exceeded 60 months; and ``(B) there is no substantial evidence overcoming the rebuttable presumption that the applicant for patent term restoration for the drug product acted with due diligence (as such term is defined in section 156(d)(3)) during the period referred to in section 156(g)(1)(B)(ii). If the Commissioner determines there is substantial evidence that the applicant for patent term restoration did not act with due diligence during a part of the period referred to in section 156(g)(1)(B)(ii) that part shall be deducted from the total amount of time in such period for purposes of paragraph (4). ``(3) Records.--The Commissioner may request and obtain relevant records from the Food and Drug Administration to verify the facts underlying the Commissioner's determinations under paragraph (2). Such records shall be afforded the same protections against public disclosure that apply to such records when in the possession of the Food and Drug Administration. ``(4) Restoration term.--If the Commissioner determines that the standards in paragraph (2) have been met for a patent, the term of such patent shall be restored for a restoration period equal to the period set forth in section 156(g)(1)(B)(ii) for the drug product that is the subject of an application under paragraph (6), except that-- ``(A) the restoration period shall be reduced by any deduction made pursuant to paragraph (2); ``(B) if the sum of-- ``(i) the remaining term of such patent after the date of the approval of the drug product covered by the patent under the provision of law under which the regulatory review occurred, and ``(ii) the restoration period as revised under subparagraph (A), exceeds 14 years, the restoration period shall be reduced so that the total of such periods does not exceed 14 years; and ``(C) the restoration period, after any adjustment required by subparagraph (A) or (B) plus any previous extension of the patent term under section 156(c), shall not exceed 5 years. ``(5) Infringement.--During the period of any restoration granted under this subsection, the rights derived from a patent the term of which is restored shall be determined in accordance with sections 156(b) and 271. ``(6) Procedure.-- ``(A) Time for filing.--An application under this section shall be filed with the Commissioner within 90 days after the date of the enactment of this section. ``(B) Filing and determination.--Upon the filing of an application to the Commissioner under this section-- ``(i) the Commissioner shall publish within 30 days of its filing a notice in the Federal Register of receipt of the application; ``(ii) any party who would be aggrieved by the granting of a patent term restoration under the application may submit comments on the application within the 30-day period beginning on the date of publication of the notice under clause (i); ``(iii) within 7 days following the expiration of the 30-day comment period, the Commissioner shall forward a copy of all comments received to the applicant who shall be entitled to submit a response to such comments to the Commissioner within 30 days after receipt of the comments from the Commissioner; ``(iv) within 30 days following the receipt of the applicant's response to comments or, if there are no such comments, within 30 days following expiration of the 30-day comment period, the Commissioner shall, in writing-- ``(I) determine whether to grant the patent term restoration for which the application was filed; and ``(II) make specific findings regarding the criteria set forth in paragraph (2); and ``(V) if the Commissioner grants such patent term restoration, on the same date that the Commissioner makes the determination under clause (iv) the Commissioner shall-- ``(I) issue to the applicant a certificate of patent term restoration, under seal, for the period prescribed under paragraph (4); and ``(II) record the certificate in the official file of the patent, which certificate shall be in effect from such date and shall be considered a part of the original patent. ``(C) Interim restoration.--If the term of a patent that is the subject of an application filed under this section would otherwise expire before a determination under subparagraph (B)(iv) is made, the Commissioner shall extend the term of such patent until-- ``(i) a determination is made under such subparagraph to restore the term of such patent, or ``(ii) 60 days after a determination is made under such subparagraph to not restore the patent term, as applicable. If the Commissioner determines not to restore the patent term, then during the 60-day period described in clause (ii), an applicant may apply to the United States Court of Appeals for the Federal Circuit for an order directing the Commissioner to extend the patent pending judicial review and subsequent Commissioner action following that review. ``(D) Record.--The Commissioner's determination under subparagraph (B)(iv) shall be based solely on the record developed under this subsection. ``(7) Application fee.--The applicant shall pay a fee for an application made under paragraph (6) which shall be established in accordance with the same criteria applicable to fees required under section 156(h). If no such fee has been established at the time of the application, the applicant may provide the Commissioner with an undertaking, satisfactory to the Commissioner, to pay the subsequently established fee.''. (2) Technical and conforming amendment.--The table of sections for chapter 14 of title 35, United States Code, is amended by inserting after the item relating to section 155A the following: ``155B. Patent term restoration review procedure for certain drug products.''. (b) Appeal of Determinations of the Commissioner.--Section 141 of the title 35, United States Code, is amended by adding at the end the following: ``The applicant under section 155B or any aggrieved party that made a submission commenting on an application made under such section may appeal the determination of the Commissioner with respect to the application involved under such section only to the United States Court of Appeals for the Federal Circuit.''. (c) Court Jurisdiction.--Section 1295(a)(4) of title 28, United States Code, is amended-- (1) in subparagraph (B), by striking ``or'' after the semicolon; (2) in subparagraph (C), by adding ``or'' after the semicolon; and (3) by inserting after subparagraph (C) the following: ``(D) the Commissioner of Patents and Trademarks under section 155B of title 35;''. (d) Compensation.-- (1) In general.--In the event a person has submitted an application described in section 505(b)(2) or 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2),(j)) for a drug product covered by a patent for which a patent term restoration was provided under section 155B of title 35, United States Code (as added by subsection (a)(1)) and such application has been found by the Food and Drug Administration on or before the date of the enactment of this section to be sufficiently complete to permit substantive review, such person shall be entitled to compensation of $1,000,000 by the patent owner. Any holder of a Type II Drug Master File that has permitted a reference to its Type II Drug Master File to be made in such application shall be entitled to compensation of $500,000 by the patent owner. (2) Limits on liability.--A patent owner shall not be required to make under paragraph (1) payments exceeding-- (A) $5,000,000 to persons submitting applications described in such paragraph, or (B) $2,500,000 to holders of Type II Drug Master Files. If the aggregate limits are insufficient to pay the applicants or holders the full amounts specified in paragraph (1), each such applicant or holder shall be paid its per capita share of the aggregate liability imposed by paragraph (1) upon the patent holder. (e) Effect of Filing of Abbreviated Applications.--The fact that one or more applications have been filed under section 505(b)(2) or 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2),(j)) for approval of a drug or a method of using a drug which is claimed by a patent that is the subject of an application under section 155B of title 35, United States Code, for restoration of the patent term shall not affect the grant of such patent term restoration. (f) Report.--Not later than 1 year after the date of the enactment of this section, the Commissioner of Patents and Trademarks shall submit to Congress a report evaluating the patent term restoration review procedure established under section 155B of title 35, United States Code, and shall include in such report a recommendation whether Congress should consider establishing such a patent term review procedure for patents not covered by such section. (g) Effective Date.--The owner of record of a patent referred to in section 155B(b)(1) of title 35, United States Code (as added by subsection (a)(1)) or an agent of the owner shall be immediately eligible on the date of the enactment of this section to submit an application to the Commissioner of Patents and Trademarks for a determination in accordance with section 155B(b)(6) of such title.

(Sec. 2) Defines such standards as: (1) a regulatory review period from application submission to application approval exceeding 60 months; and (2) the absence of substantial evidence overcoming the rebuttable presumption that the applicant for patent term restoration for the drug product acted with due diligence. Requires subtraction from the total amount of the restoration term of any time during the regulatory review period during which the Commissioner finds that the applicant for patent term restoration did not act with due diligence. Limits a restoration period, after specified adjustments, to five years. Requires restoration term applications to be filed within 90 days after enactment of this Act. Provides for: (1) claim determination procedure; (2) interim restoration of the patent term pending final disposition; and (3) appeal of the Commissioner's determinations to the U.S. Court of Appeals for the Federal Circuit only. Entitles to compensation by the patent owner of any person who has submitted an new drug application under the Federal Food, Drug, and Cosmetic Act for a drug product covered by a patent for which a patent term was restored under this Act, if such application has been found by the Food and Drug Administration on or before enactment of this Act to be sufficiently complete to permit substantive review. Sets the amount of compensation at: (1)$1 million; or (2) $500,000 for any holder of a Type II Drug Master File that has permitted a reference to its File to be made in such application. Limits a patent owner's overall liability to: (1) $5 million to persons submitting new drug applications; or (2) $2.5 million to holders of Type II Drug Master Files. Requires the Commissioner to report to Congress: (1) an evaluation of the patent term restoration review procedure established by this Act; and (2) a recommendation whether Congress should consider establishing such a patent term review procedure for patents not covered by this Act.

Patent Fairness Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Relief Volunteer Protection Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) It is in the national interest to encourage individuals to volunteer to assist victims of national disasters. (2) The exposure of potential volunteers, their employers, and those who would use volunteers' services under existing law to compensatory and punitive damages for negligent acts discourages the provision of these services. (3) The availability of damages in these circumstances for actions that constitute gross negligence creates uncertainty concerning the actual conduct that might cause liability to be imposed on volunteers. (4) Potential liability for acts of volunteers discourages the employers or business partners of potential volunteers from permitting those potential volunteers to provide disaster relief services. (5) Potential liability for acts of volunteers discourages entities that might use the services provided by volunteers in national disasters from doing so. (6) Well-founded fear of liability under existing law for providing goods discourages governmental and intergovernmental entities from providing needed disaster relief goods. (7) Well-founded fear of liability for punitive damages under existing law discourages governmental and intergovernmental entities from providing needed disaster relief goods and discourages potential volunteers from providing volunteer services to disaster victims. (8) Fear of compensatory and punitive damages for providing volunteer services deters potential volunteers from states located outside the national disaster area from providing volunteer services. (9) Fear of compensatory and punitive damages for providing volunteer services deters potential foreign volunteers from providing disaster relief services. (10) Any lessening of liability for volunteers providing disaster relief services, their employers and business partners, and entities utilizing their services should maintain adequate incentives for each of these classes of persons or entities to avoid causing harm. (11) Unwillingness to provide volunteer services to disaster victims in the face of uncertain liability substantially affects, burdens, and deters interstate commerce and travel. (12) Unwillingness of employers and business partners to allow their employees and business partners to provide disaster relief services in the face of uncertain liability substantially affects, burdens, and deters interstate commerce and travel. (13) Unwillingness of persons, entities, or organizations to accept disaster relief services from volunteers in the face of uncertain liability substantially affects, burdens, and deters interstate commerce and travel. (14) Unwillingness by foreigners to provide voluntary disaster relief services in the face of uncertain liability substantially affects, burdens, and deters foreign commerce and travel. (15) Unless Congress provides uniform standards to address disasters that could occur in any State or combination of states, potential volunteers and others will not be certain which laws would govern their providing disaster relief services, which would substantially affect, burden, and deter interstate and foreign commerce and travel in the event of a national disaster. SEC. 3. DISASTER RELIEF VOLUNTEERS. (a) Liability of Disaster Relief Volunteers.--A disaster relief volunteer shall not be liable for any injury (including personal injury, property damage or loss, and death) caused by an act or omission of such volunteer in connection with such volunteer's providing or facilitating the provision of disaster relief services if-- (1) the injury was not caused by willful, wanton, or reckless misconduct by the volunteer; and (2) the injury was not caused by the volunteer's operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires the operator or the owner of the vehicle, craft, or vessel to-- (A) possess an operator's license; or (B) maintain insurance. (b) Liability of Employer or Partner of Disaster Relief Volunteer.--An employer or business partner of a disaster relief volunteer shall not be liable for any act or omission of such volunteer in connection with such volunteer's providing or facilitating the provision of disaster relief services. (c) Liability of Host or Enabling Person, Entity, or Organization.--A person or entity, including a governmental entity, that works with, accepts services from, or makes its facilities available to a disaster relief volunteer to enable such volunteer to provide disaster relief services shall not be liable for any act or omission of such volunteer in connection with such volunteer's providing such services. (d) Liability of Nonprofit Organizations.--A nonprofit organization shall not be liable for any injury (including personal injury, property damage or loss, and death) caused by an act or omission in connection with such nonprofit organization's providing or facilitating the provision of disaster relief services if the injury was not caused by willful, wanton, or reckless misconduct by the nonprofit organization. (e) Liability of Governmental and Intergovernmental Entities for Donations of Disaster Relief Goods.--A governmental or intergovernmental entity that donates to an agency or instrumentality of the United States disaster relief goods shall not be liable for any injury (including personal injury, property damage or loss, and death) caused by such donated goods if the injury was not caused by willful, wanton, or reckless misconduct by such governmental or intergovernmental entity. (f) Limitation on Punitive and Noneconomic Damages Based on Actions of Disaster Relief Volunteers and Governmental Donors.-- (1) Punitive damages.--Unless the claimant establishes by clear and convincing evidence that its damages were proximately caused by willful, wanton, or reckless misconduct by either-- (A) a disaster relief volunteer in any civil action brought for injury caused by the volunteer's providing or facilitating the provision of disaster relief services; or (B) a governmental or intergovernmental entity in any civil action brought for injury caused by disaster relief goods donated by such governmental or intergovernmental entity; punitive damages may not be awarded in any civil action against such a volunteer or governmental entity. (2) Noneconomic damages.-- (A) General rule.--In any civil action brought against-- (i) a disaster relief volunteer for injury caused by such volunteer's providing or facilitating the provision of disaster relief services; or (ii) a governmental or intergovernmental entity for injury caused by disaster relief goods donated by such governmental entity; liability for noneconomic loss, if permitted under subsection (a) or (e) of this section, shall be determined in accordance with this subparagraph. (B) Amount of liability.--(i) The amount of noneconomic loss allocated to the disaster relief volunteer or governmental or intergovernmental entity defendant shall be in direct proportion to the percentage of responsibility of that defendant (determined in accordance with clause (ii)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to this section. (ii) For purposes of determining the amount of noneconomic loss allocated to a defendant, the trier of fact shall determine the percentage of responsibility of each person or entity responsible for the claimant's harm, whether or not such person or entity is a party to the action. (g) Construction.--Nothing in this section shall be construed to abrogate or limit any protection that a volunteer, as defined in the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.), may be entitled to under that Act. Neither shall anything in this section be construed to confer any private right of action or to abrogate or limit any protection with respect to either liability or damages that any disaster relief volunteer or governmental or intergovernmental entity may be entitled to under any other provision of law. (h) Supplemental Declaration.--If a Disaster Declaration is issued, the President, the Secretary of Health and Human Services, or the Secretary of Homeland Security may issue a Supplemental Declaration under this section. (1) Temporal effect.--Such Supplemental Declaration may provide that, for purposes of this section, such Disaster Declaration shall have such temporal effect as the President or the Secretary may deem necessary or appropriate to further the public interest, including providing that such Disaster Declaration shall have an effective date earlier than the date of the declaration or determination of such Disaster Declaration. (2) Geographic and other conditions.--Such Supplemental Declaration may provide that, for purposes of this section, such Disaster Declaration shall have such geographic or other conditions as the President or the Secretary may deem necessary or appropriate to further the public interest. (i) Licensing, Certification, and Authorization.--This section shall not apply to a disaster relief volunteer where the disaster relief service such volunteer provides is of a type that generally requires a license, certificate, or authorization, and the disaster relief volunteer lacks such license, certificate, or authorization, unless-- (1) such volunteer is licensed, certified, or authorized to provide such services in any State to the extent required, if any, by the appropriate authorities of that State, even if such State is not the State in which the disaster relief volunteer provides disaster relief services; or (2) otherwise specified in a Disaster Declaration or Supplemental Declaration under this section. (j) Definitions.--For purposes of this section: (1) The term ``Disaster Declaration'' means-- (A) a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); (B) a declaration of a public health emergency or a risk of such emergency as determined by the Secretary of Homeland Security in accordance with clause (i) or clause (ii) of section 2811(b)(3)(A) of such Act (42 U.S.C. 300hh-11(b)(3)(A)) and section 503(5) of the Homeland Security Act of 2002 (6 U.S.C. 313(5)); or (C) an emergency or major disaster declaration by the President under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191). (2) The term ``disaster relief volunteer'' means an individual who provides disaster relief services in connection with a Disaster Declaration without expectation or receipt of compensation in exchange for providing such services. (3) The term ``disaster relief services'' means services or assistance provided in preparation for, response to, or recovery from any event that is the subject of a Disaster Declaration, including but not limited to health, medical, fire fighting, rescue, reconstruction, and any other services or assistance specified by a Supplemental Declaration under this section as necessary or desirable to prepare for, respond to, or recover from an event that is the subject of a Disaster Declaration. (4) The term ``disaster relief good'' means either-- (A) those goods provided in preparation for, response to, or recovery from any event that is the subject of a Disaster Declaration and reasonably necessary to such preparation, response, or recovery; or (B) those goods defined by a Disaster Declaration or Supplemental Declaration under this section. (5) The term ``noneconomic loss'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. (6) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession, and (for purposes of subsection (h)) any foreign country. (7) The term ``compensation'' means monetary or other compensation of any kind provided in exchange for an individual's services, but does not include-- (A) reasonable reimbursement or allowance for expenses actually incurred by such an individual; (B) provision of reasonable supplies, lodging, or transportation to such an individual; or (C) such an individual's ordinary salary or compensation paid by his or her employer while such individual is on leave from his or her ordinary duties with such employer in order to provide disaster relief services.

Disaster Relief Volunteer Protection Act of 2006 - Provides liability protection for individuals who volunteer to assist victims of national disasters for any injury (including personal injury, property damage or loss, and death) caused by an act or omission in connection with disaster relief services provided or facilitated by the volunteer, if: (1) the injury was not caused by willful, wanton, or reckless misconduct; and (2) the injury was not caused by the volunteer's operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires the operator or the owner to possess an operator's license or maintain insurance. Extends such liability protection to: (1) the volunteer's employer, host, or enabling person, entity, or organization; (2) nonprofit organizations providing or facilitating disaster relief services; or (3) governmental or intergovernmental entity that donates disaster relief goods to a U.S. agency or instrumentality for any injury caused by such donated goods. Prohibits the award of punitive damages in any civil action against a disaster relief volunteer or governmental or intergovernmental entity, unless willful, wanton, or reckless misconduct is established by clear and convincing evidence. Provides for proportionate liability for noneconomic damages.

To provide liability protection for individuals who volunteer to assist victims of national disasters.

ACT REMEDIES TO TELEPHONE BILLING FOR MISCELLANEOUS PRODUCTS OR SERVICES. The Telephone Disclosure and Dispute Resolution Act (15 U.S.C. 5701 et seq.) is amended by adding at the end the following new title: ``TITLE V--UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH MISCELLANEOUS PRODUCTS OR SERVICES ``SEC. 501. BILLING OF MISCELLANEOUS PRODUCT OR SERVICE CHARGES. ``(a) Billing Rules.--The Commission shall, in accordance with the requirements of this section, prescribe rules to protect consumers from unfair and deceptive acts and practices in the billing of miscellaneous product or service charges. Such rules shall-- ``(1) prohibit any person (including billing aggregators and service providers) from submitting for billing on telephone bills miscellaneous product or service charges that have not been authorized by the subscriber to be billed; ``(2) require that any person submitting miscellaneous product or service charges for billing-- ``(A) include an account authorization code that would not generally be known by anyone other than the subscriber and the entity issuing the telephone bill and that reliably indicates that the subscriber authorized the charge; or ``(B) comply with such other procedures as the Commission may require to reliably indicate that the subscriber authorized the charge; ``(3) require that the bill for each provider of miscellaneous products or services-- ``(A) be on a page of the telephone bill that is separate from the charges for telephone exchange and telephone toll services; ``(B) describe in reasonable detail each miscellaneous product or service billed; ``(C) identify any miscellaneous product or service charges that are recurring; and ``(D) include the name and toll free telephone number of each miscellaneous product or service provider and the name and toll free telephone number of any billing aggregator; ``(4) require that a telephone bill that includes miscellaneous product or service charges includes a notification, on each page that summarizes or itemizes miscellaneous product or service charges, that the subscriber may direct billing disputes to the common carrier issuing the bill and provide a toll-free telephone number for that purpose; ``(5) require that a subscriber initiating a billing dispute by calling the telephone number referred to in paragraph (4) within 90 days after the date on which the charge appears on the telephone bill of the subscriber shall immediately receive a credit for any disputed miscellaneous product or service charges; and ``(6) provide that-- ``(A) a subscriber may-- ``(i) instruct its common carrier not to bill for any miscellaneous product or service charges; or ``(ii) to the extent the Commission from time to time determines is technically feasible for the common carrier to implement, instruct its common carrier not to bill for subcategories of products or services or for particular providers or billing aggregators, as specified by the subscriber; ``(B) such instruction may be given either orally or in writing (at the election of the subscriber); ``(C) a subscriber may instruct a common carrier to resume billing miscellaneous charges either orally or in writing (at the election of the subscriber); and ``(D) in verifying such instructions the common carrier shall use adequate internal control procedures for verifying that the request is authorized by the subscriber. ``(b) Dispute Resolution Rules.--To the extent not already covered by Federal statutes or regulations in effect on the date of enactment of this section, the Commission shall adopt rules governing the procedures for a subscriber and a miscellaneous product or service provider to resolve a billing dispute after the disputed charges have been credited to the subscriber's account in accordance with subsection (a). Such rules shall include rules designed to prevent fraudulent submission of billing disputes by subscribers. ``(c) Right To Discontinue Billing.-- ``(1) Authority to discontinue billing.--Subject to paragraph (2), if a common carrier reasonably believes that charges are being submitted for billing in violation of this section, the regulations adopted under this section, or any other Federal or State statute or regulation, the carrier, after written notice to the Commission describing the action and the reasons therefor-- ``(A) may discontinue billing for any miscellaneous product or service provider or any billing aggregator submitting miscellaneous product or service charges; ``(B) may discontinue billing for any type or category of miscellaneous product or service; or ``(C) may discontinue billing for any type or category of miscellaneous product or service submitted by an individual product or service provider or billing aggregator. ``(2) Authority subject to other law.--No action by a common carrier under paragraph (1) shall be exempt from any other Federal or State law prohibiting anticompetitive or discriminatory acts or practices. ``(d) Rulemaking.-- ``(1) Schedule and procedure.--The Commission shall prescribe the rules under this section within 270 days after the date of enactment of this Act. Such rules shall be prescribed in accordance with section 553 of title 5, United States Code. ``(2) Treatment of rule.--A rule prescribed under this subsection shall be treated as a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57(a)(1)(B)). ``(e) Enforcement.--Any violation of any rule prescribed under subsection (a) shall be treated as a violation of a rule under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) regarding unfair or deceptive acts or practices. Notwithstanding section 5(a)(2) of such Act (15 U.S.C. 45(a)(2)), communications common carriers shall be subject to the jurisdiction of the Commission for purposes of this title. ``(f) Applicability.--The regulations required by this section shall apply to miscellaneous product or service charges first billed after the effective date of those regulations. ``SEC. 502. RELATION TO STATE LAWS. ``(a) State Law Applicable Unless Inconsistent.--This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying with, the laws of any State with respect to telephone billing or other credit billing practices, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. The Commission is authorized to determine whether such inconsistencies exist. The Commission may not determine that any State law is inconsistent with any provision of this chapter if the Commission determines that such law gives greater protection to the consumer. ``(b) Regulatory Exemptions.--The Commission shall by regulation exempt from the requirements of this title any class of acts and practices subject to the rules prescribed under subsection (a) within any State if it determines that under the law of that State that class of transactions is subject to requirements substantially similar to those imposed under this chapter or that such law gives greater protection to the consumer, and that there is adequate provision for enforcement. ``SEC. 503. ENFORCEMENT BY COMMISSION. ``The Commission shall enforce the requirements of this title. For the purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement imposed under this title shall be deemed a violation of a requirement imposed under that Act. All the functions and powers of the Commission under that Act are available to the Commission to enforce compliance by any person with the requirements imposed under this title, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in that Act. The Commission may prescribe such regulations as are necessary or appropriate to implement the provisions of this title. ``SEC. 504. ACTIONS BY STATES. ``(a) In General.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice which violates any rule of the Commission under section 501(a), the State may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such pattern or practice, to enforce compliance with such rule of the Commission, to obtain damages on behalf of their residents, or to obtain such further and other relief as the court may deem appropriate. ``(b) Notice.--The State shall serve prior written notice of any civil action under subsection (a) upon the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right (1) to intervene in such action, (2) upon so intervening, to be heard on all matters arising therein, and (3) to file petitions for appeal. ``(c) Venue.--Any civil action brought under this section in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or wherever the defendant may be found. ``(d) Investigatory Powers.--For purposes of bringing any civil action under this section, nothing in this Act shall prevent the attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(e) Effect on State Court Proceedings.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal antifraud statute of such State. ``(f) Limitation.--Whenever the Commission has instituted a civil action for violation of any rule or regulation under this Act, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for violation of any rule as alleged in the Commission's complaint. ``(g) Actions by Other State Officials.-- ``(1) Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. ``(2) In addition to actions brought by an attorney general of a State under subsection (a), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State for protection of consumers and who are designated by the Commission to bring an action under subsection (a) against persons that the Commission has determined have or are engaged in a pattern or practice which violates a rule of the Commission under section 501(a). ``SEC. 505. DEFINITIONS. ``As used in this title: ``(1) Billing aggregator.--The term `billing aggregator' means a person who aggregates the charges of one or more providers of miscellaneous products or services and transmits them to be included in a telephone bill. ``(2) Billing dispute.--The term `billing dispute' consists of any one or more of the following claims: ``(A) that a miscellaneous product or service charge was not authorized by the subscriber; ``(B) that a miscellaneous product or service charge was not in an amount authorized by the subscriber; or ``(C) that a miscellaneous product or service charge was transmitted for a product or service that was not provided to the subscriber. ``(3) Commission.-- The term `Commission' means the Federal Trade Commission. ``(4) Common carrier, local exchange carrier, telephone exchange service, and telephone toll service.--The terms `common carrier', `local exchange carrier', `telephone exchange service', and `telephone toll service' have the meanings provided in section 3 of the Communications Act of 1934. ``(5) Miscellaneous product or service.--The term `miscellaneous product or service' means any product or service that is not-- ``(A) telephone exchange service, telephone toll service, or services that are provided by the subscriber's selected provider of telephone exchange service or telephone toll service and that the Commission defines by rule as services that are ancillary to telephone exchange service or telephone toll service; ``(B) pay-per-call services subject to the provisions of title II of this Act; or ``(C) telephone billed purchases subject to the provisions of title III of this Act. ``(5) Miscellaneous product or service charges.--The term `miscellaneous product or service charges' means charges for miscellaneous product or services that are billed on a telephone bill. ``(6) Subscriber.--The term `subscriber' means the party identified in the account records of a common carrier issuing a telephone bill (or on whose behalf a telephone bill is issued), any other person identified in such records as authorized to change the services subscribed to or to charge services to the account, and any person otherwise lawfully authorized to represent such party. ``(7) Telephone bill.--The term `telephone bill' means a bill-- ``(A) for telephone exchange service and other services issued by or on behalf of a common carrier to its telephone exchange service customers; or ``(B) for telephone toll service and other services issued by or on behalf of a common carrier to its telephone toll service customers.''.

Anti-Cramming Protection Act of 1998 - Amends the Telephone Disclosure and Dispute Resolution Act to direct the Federal Trade Commission (FTC) to prescribe rules to protect consumers from unfair and deceptive acts in the billing of miscellaneous product or service charges. Prohibits any person from submitting for billing on telephone bills miscellaneous product or service charges which have not been authorized by the subscriber. Outlines further requirements with respect to the identification, and notification to the subscriber, of such miscellaneous charges. Authorizes a subscriber to instruct its common carrier not to bill for any miscellaneous product or service charges or for certain subcategories of such products or services. Directs the FTC to adopt rules for dispute resolution between a subscriber and a provider of miscellaneous products or services. Authorizes a common carrier to discontinue customer billing if it reasonably believes that charges are being submitted to such carrier for billing in violation of this section. Provides for enforcement of FTC rules adopted pursuant to this Act. Recognizes any applicable State law not inconsistent with this Act. Directs the FTC to enforce the requirements of this Act. Authorizes the attorney general of a State, or other authorized State officials, to bring a civil action on behalf of its residents for violations of this Act, after prior written notice to the FTC.

Anti-Cramming Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Quality Incentive Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Recent research on early brain development reveals that much of a child's growth is determined by early learning and nurturing care. Research also shows that quality early care and education leads to increased cognitive abilities, positive classroom learning behavior, increased likelihood of long-term school success, and greater likelihood of long-term economic and social self-sufficiency. (2) Each day an estimated 13,000,000 children, including 6,000,000 infants and toddlers, spend some part of their day in child care. However, a study in 4 States found that only 1 in 7 child care centers provide care that promotes healthy development, while 1 in 8 child care centers provide care that threatens the safety and health of children. (3) Full-day child care can cost $4,000 to $12,000 per year. (4) Although Federal assistance is available for child care, funding is severely limited. Even with Federal subsidies, many families cannot afford child care. For families with young children and a monthly income under $1,200, the cost of child care typically consumes 25 percent of their income. (5) Payment (or reimbursement) rates, which determine the maximum the State will reimburse a child care provider for the care of a child who receives a subsidy, are too low to ensure that quality care is accessible to all families. (6) Low payment rates directly affect the kind of care children get and whether families can find quality child care in their communities. In many instances, low payment rates force child care providers serving low-income children to cut corners in ways that impact the quality of care for the children, including reducing the number of staff, eliminating professional development opportunities, and cutting enriching educational activities and services. (7) Children in low-quality child care are more likely to have delayed reading and language skills, and display more aggression toward other children and adults. (8) Increased payment rates lead to higher quality child care as child care providers are able to attract and retain qualified staff, provide salary increases and professional training, maintain a safe and healthy environment, and purchase basic supplies, children's literature, and developmentally appropriate educational materials. (b) Purpose.--The purpose of this Act is to improve the quality of, and access to, child care by increasing child care payment rates. SEC. 3. PAYMENT RATES. Section 658E(c)(4) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(4)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); (2) in subparagraph (A), by striking ``to comparable child care services'' and inserting ``to child care services that are comparable (in terms of quality and types of services provided) to child care services''; and (3) by inserting after subparagraph (A) the following: ``(B) Payment rates.-- ``(i) Surveys.--In order to provide the certification described in subparagraph (A), the State shall conduct statistically valid and reliable market rate surveys (that reflect variations in the cost of child care services by locality), in accordance with such methodology standards as the Secretary shall issue. The State shall conduct the surveys not less often than at 2-year intervals, and use the results of such surveys to implement, not later than 1 year after conducting each survey, payment rates described in subparagraph (A) that ensure equal access to comparable services as required by subparagraph (A). ``(ii) Cost of living adjustments.--The State shall adjust the payment rates at intervals between such surveys to reflect increases in the cost of living, in such manner as the Secretary may specify. ``(iii) Rates for different ages and types of care.--The State shall ensure that the payment rates reflect variations in the cost of providing child care services for children of different ages and providing different types of care. ``(iv) Public dissemination.--The State shall, not later than 30 days after the completion of each survey described in clause (i), make the results of the survey widely available through public means, including posting the results on the Internet.''. SEC. 4. INCENTIVE GRANTS TO IMPROVE THE QUALITY OF CHILD CARE. (a) Funding.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1) by striking ``There'' and inserting the following: ``(a) Authorization of Appropriations.--There''; (2) in subsection (a), by inserting ``(other than section 658H)'' after ``this subchapter''; and (3) by adding at the end the following: ``(b) Appropriation of Funds for Grants To Improve the Quality of Child Care.--Out of any funds in the Treasury that are not otherwise appropriated, there is authorized to be appropriated and there is appropriated $500,000,000 for each of fiscal years 2004 through 2008, for the purpose of making grants under section 658H.''. (b) Use of Block Grant Funds.--Section 658E(c)(3) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is amended-- (1) in subparagraph (B), by striking ``under this subchapter'' and inserting ``under this subchapter (other than section 658B(b))''; and (2) in subparagraph (D), by inserting ``(other than section 658H)'' after ``under this subchapter''. (c) Establishment of Program.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended by inserting ``(other than section 658H)'' after ``this subchapter''. (d) Grants To Improve the Quality of Child Care.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658G the following: ``SEC. 658H. GRANTS TO IMPROVE THE QUALITY OF CHILD CARE. ``(a) Authority.-- ``(1) In general.--The Secretary shall use the amount appropriated under section 658B(b) for a fiscal year to make grants to eligible States, and Indian tribes and tribal organizations, in accordance with this section. ``(2) Annual payments.--The Secretary shall make an annual payment for such a grant to each eligible State, and for Indian tribes and tribal organizations, out of the corresponding payment or allotment made under subsections (a), (b), and (e) of section 658O from the amount appropriated under section 658B(b). ``(b) Eligible States.-- ``(1) In general.--In this section, the term `eligible State' means a State that-- ``(A) has conducted a statistically valid survey of the market rates for child care services in the State within the 2 years preceding the date of the submission of an application under paragraph (2); and ``(B) submits an application in accordance with paragraph (2). ``(2) Application.-- ``(A) In general.--To be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, in addition to the information required under subparagraph (B), as the Secretary may require. ``(B) Information required.--Each application submitted for a grant under this section shall-- ``(i) detail the methodology and results of the State market rates survey conducted pursuant to paragraph (1)(A); ``(ii) describe the State's plan to increase payment rates from the initial baseline determined under clause (i); ``(iii) describe how the State will increase payment rates in accordance with the market survey results, for all types of child care providers who provide services for which assistance is made available under this subchapter; ``(iv) describe how payment rates will be set to reflect the variations in the cost of providing care for children of different ages and different types of care; ``(v) describe how the State will prioritize increasing payment rates for-- ``(I) care of higher-than-average quality, such as care by accredited providers or care that includes the provision of comprehensive services; ``(II) care for children with disabilities and children served by child protective services; or ``(III) care for children in communities served by local educational agencies that have been identified for improvement under section 1116(c)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(c)(3)); ``(vi) describe the State's plan to assure that the State will make the payments on a timely basis and follow the usual and customary market practices with regard to payment for child absentee days; and ``(vii) describe the State's plans for making the results of the survey widely available through public means. ``(3) Continuing eligibility requirement.-- ``(A) Second and subsequent payments.--A State shall be eligible to receive a second or subsequent annual payment under this section only if the Secretary determines that the State has made progress, through the activities assisted under this subchapter, in maintaining increased payment rates. ``(B) Third and subsequent payments.--A State shall be eligible to receive a third or subsequent annual payment under this section only if the State has conducted, at least once every 2 years, an update of the survey described in paragraph (1)(A). ``(4) Requirement of matching funds.-- ``(A) In general.--To be eligible to receive a grant under this section, the State shall agree to make available State contributions from State sources toward the costs of the activities to be carried out by the State pursuant to subsection (c) in an amount that is not less than 20 percent of such costs. ``(B) Determination of state contributions.--Such State contributions shall be in cash. Amounts provided by the Federal Government may not be included in determining the amount of such State contributions. ``(c) Use of Funds.-- ``(1) Priority use.--An eligible State that receives a grant under this section shall use the funds received to significantly increase the payment rate for the provision of child care assistance in accordance with this subchapter up to the 100th percentile of the market rate determined under the market rate survey described in subsection (b)(1)(A). ``(2) Additional uses.--An eligible State that demonstrates to the Secretary that the State has achieved a payment rate of the 100th percentile of the market rate determined under the market rate survey described in subsection (b)(1)(A) may use funds received under a grant made under this section for any other activity that the State demonstrates to the Secretary will enhance the quality of child care services provided in the State. ``(3) Supplement not supplant.--Amounts paid to a State under this section shall be used to supplement and not supplant other Federal, State, or local funds provided to the State under this subchapter or any other provision of law. ``(d) Evaluations and Reports.-- ``(1) State evaluations.--Each eligible State shall submit to the Secretary, at such time and in such form and manner as the Secretary may require, information regarding the State's efforts to increase payment rates and the impact increased payment rates are having on the quality of child care in the State and the access of parents to high-quality child care in the State. ``(2) Reports to congress.--The Secretary shall submit biennial reports to Congress on the information described in paragraph (1). Such reports shall include data from the applications submitted under subsection (b)(2) as a baseline for determining the progress of each eligible State in maintaining increased payment rates. ``(e) Indian Tribes and Tribal Organizations.--The Secretary shall determine the manner in which and the extent to which the provisions of this section apply to Indian tribes and tribal organizations. ``(f) Payment Rate.--In this section, the term `payment rate' means the rate of reimbursement to providers for subsidized child care.''. (e) Payments.--Section 658J(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858h(a)) is amended by inserting ``from funds appropriated under section 658B(a)'' after ``section 658O''. (f) Allotment.--Section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) is amended-- (1) in subsection (b)(1), in the matter preceding subparagraph (A)-- (A) by striking ``section 658B'' and inserting ``section 658B(a)''; and (B) by inserting ``and from the amounts appropriated under section 658B(b) for each fiscal year remaining after reservations under subsection (a),'' before ``the Secretary shall allot''; and (2) in subsection (e)-- (A) in paragraph (1), by striking ``the allotment under subsection (b)'' and inserting ``an allotment made under subsection (b)''; and (B) in paragraph (3), by inserting ``corresponding'' before ``allotment''.

Child Care Quality Incentive Act of 2003 - Amends the Child Care and Development Block Grant Act of 1990 to revise requirements relating to child care payment rates.Requires States to conduct market rate surveys, at least once every two years, to determine their child care payment rates under the block grant program, including cost-of-living adjustments and consideration of variations in localities, children's ages, and types of services.Establishes a program of incentive grants to States and Indian tribes to improve the quality of, and access to, child care by increasing child care payment rates. Makes separate appropriations for such incentive grants in specified amounts for FY 2004 through FY 2008 (prohibiting use of block grant funds for such incentive grants).Authorizes the Secretary of Health and Human Services to make an annual incentive grant payment to an eligible State only if the State has conducted a statistically valid survey of the market rates for child care services in the State within the two years before it submits an application containing information on such survey and the State's plans to increase its child care payment rates. Requires an eligible State that receives such a grant to make priority use of its funds to increase significantly (up to the 100th percentile of the market rate survey) the rate of reimbursement to providers for subsidized child care (with any remaining funds to be used to improve the quality of child care services). Requires a State matching contribution of at least 20 percent of incentive grant program activity costs.

A bill to amend the Child Care and Development Block Grant Act of 1990 to provide incentive grants to improve the quality of child care.

SECTION 1. WELLNESS PROGRAM EMPLOYER CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 45Q the following new section: ``SEC. 45R. WELLNESS PROGRAM EMPLOYER CREDIT. ``(a) General Rule.--For purposes of section 38, the wellness program employer credit determined under this section for any taxable year is an amount equal to 30 percent of the expenses paid or incurred by the eligible employer during the taxable year to develop and implement a qualified wellness program. ``(b) Dollar Limitation.--The amount of the credit determined under this section for any taxable year shall not exceed $400 per qualified employee employed by the eligible employer during the taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible employer.--With respect to a taxable year, the term `eligible employer' means an employer who-- ``(A) develops and implements a qualified wellness program, and ``(B) keeps accurate records of the preventive services and other programs in which the eligible employer's employees have participated during the taxable year. ``(2) Qualified wellness program.--With respect to an eligible employer, the term `qualified wellness program' means a program-- ``(A) that is developed and implemented by the eligible employer, in consultation with an individual who has implemented a wellness program for a different employer and who will ensure compliance with appropriate measures to protect the privacy of program participants, ``(B) that conducts health risk assessments for each of the program's participants, ``(C) that offers at least 2 of the preventive services strongly recommended by the U.S. Preventive Services Task Force on an annual basis, ``(D) that offers annual counseling sessions and seminars related to at least 4 of the following: ``(i) smoking, ``(ii) obesity, ``(iii) stress management, ``(iv) physical fitness, ``(v) nutrition, ``(vi) substance abuse, ``(vii) depression, ``(viii) mental health, ``(ix) heart disease, and ``(x) maternal and infant health, and ``(E) whose qualified participants include not less than 60 percent of the eligible employer's full-time employees. ``(3) Qualified employee.--With respect to an eligible employer, the term `qualified employee' means an individual who is-- ``(A) a full-time employee of the eligible employer, and ``(B) a qualified participant in the eligible employer's qualified wellness program. ``(4) Qualified participant.--With respect to a taxable year, the term `qualified participant' means an individual-- ``(A) who participates in at least 4 of the annual preventive services or other programs offered through a qualified wellness program during the taxable year, and ``(B) with respect to whom a health risk assessment has been conducted during the taxable year, as determined by the eligible employer who has developed and implemented such qualified wellness program. ``(d) Termination.--This section shall not apply in taxable years beginning after December 31, 2014.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the wellness program employer credit determined under section 45R(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45Q the following new item: ``Sec. 45R. Wellness program employer credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 2. WELLNESS PROGRAM PARTICIPANT CREDIT. (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. WELLNESS PROGRAM PARTICIPANT CREDIT. ``(a) Allowance of Credit.--In the case of a qualified employee, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $400. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified employee.--With respect to an eligible employer, the term `qualified employee' means an individual who is-- ``(A) a full-time employee of the eligible employer, and ``(B) a qualified participant in the eligible employer's qualified wellness program. ``(2) Qualified participant.--With respect to a taxable year, the term `qualified participant' means an individual-- ``(A) who participates in at least 4 of the annual preventive services or other programs offered through a qualified wellness program during the taxable year, and ``(B) with respect to whom a health risk assessment has been conducted during the taxable year, as determined by the eligible employer who has developed and implemented such qualified wellness program. ``(3) Qualified wellness program.--With respect to an eligible employer, the term `qualified wellness program' means a program-- ``(A) that is developed and implemented by the eligible employer, in consultation with an individual who has implemented a wellness program for a different employer and who will ensure compliance with appropriate measures to protect the privacy of program participants, ``(B) that conducts health risk assessments for each of the program's participants, ``(C) that offers at least 2 of the preventive services strongly recommended by the U.S. Preventive Services Task Force on an annual basis, ``(D) that offers annual counseling sessions and seminars related to at least 4 of the following: ``(i) smoking, ``(ii) obesity, ``(iii) stress management, ``(iv) physical fitness, ``(v) nutrition, ``(vi) substance abuse, ``(vii) depression, ``(viii) mental health, ``(ix) heart disease, and ``(x) maternal and infant health, and ``(E) whose qualified participants include not less than 60 percent of the eligible employer's full-time employees. ``(4) Eligible employer.--With respect to a taxable year, the term `eligible employer' means an employer who-- ``(A) develops and implements a qualified wellness program, and ``(B) keeps accurate records of the preventive services and other programs in which the eligible employer's employees have participated during the taxable year. ``(c) Termination.--This section shall not apply in taxable years beginning after December 31, 2014.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Wellness program participant credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow employers a tax credit to develop and implement a wellness program that: (1) conducts health risk assessments for each program participant; (2) offers annually at least two preventive services recommended by the U.S. Preventive Services Task Force; (3) offers annual counseling sessions and seminars on preventive health topics; and (4) includes as participants not less than 60% of an employer's full-time employees. Provides an additional tax credit for full-time employees who participate in their employer's qualified wellness program. Terminates such credits after 2014.

To amend the Internal Revenue Code of 1986 to provide tax incentives for employer-provided wellness programs.

SECTION 1. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT. (a) In General.--Section 35(a) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Conforming Amendment.--Section 7527(b) of such Code is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (c) Effective Date.--The amendments made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 2. PAYMENT FOR THE MONTHLY PREMIUMS PAID PRIOR TO COMMENCEMENT OF THE ADVANCE PAYMENTS OF CREDIT. (a) In General.--Section 7527(e) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 3. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE FOR CREDIT. (a) In General.--Section 35(c)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 4. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE. (a) IRC Amendment.--Section 9801(c)(2)(D) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) ERISA Amendment.--Section 701(c)(2)(C) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)(C)) is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (c) PHSA Amendment.--Section 2701(c)(2)(C) of the Public Health Service Act (42 U.S.C. 300gg(c)(2)(C)) is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (d) Effective Date.--The amendments made by this section shall apply to plan years beginning after February 12, 2011. SEC. 5. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS. (a) In General.--Section 35(g)(9) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Conforming Amendment.--Section 173(f)(8) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(8)) is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (c) Effective Date.--The amendments made by this section shall apply to months beginning after February 12, 2011. SEC. 6. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS AND PBGC RECIPIENTS. (a) ERISA Amendments.-- (1) PBGC recipients.--Section 602(2)(A)(v) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)(v)) is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (2) TAA-eligible individuals.--Section 602(2)(A)(vi) of such Act (29 U.S.C. 1162(2)(A)(vi)) is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (b) IRC Amendments.-- (1) PBGC recipients.--Section 4980B(f)(2)(B)(i)(V) of the Internal Revenue Code of 1986 is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (2) TAA-eligible individuals.--Section 4980B(f)(2)(B)(i)(VI) of such Code is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (c) PHSA Amendments.--Section 2202(2)(A)(iv) of the Public Health Service Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (d) Effective Date.--The amendments made by this section shall apply to periods of coverage which would (without regard to the amendments made by this section) end on or after February 12, 2011. SEC. 7. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATIONS. (a) In General.--Section 35(e)(1)(K) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 8. NOTICE REQUIREMENTS. (a) In General.--Section 7527(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``July 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to certificates issued after February 12, 2011. SEC. 9. APPLICATION OF LEVY TO PAYMENTS TO FEDERAL VENDORS RELATING TO PROPERTY. (a) In General.--Section 6331(h)(3) of the Internal Revenue Code of 1986 is amended by striking ``of goods or services'' and all that follows and inserting ``of-- ``(A) goods or services sold or leased to the Federal Government, or ``(B) in the case of levies issued during the 2- year period beginning after the date of the enactment of this subparagraph, property so sold or leased.''. (b) Effective Date.--The amendment made by this section shall apply to levies issued after the date of the enactment of this Act.

Amends the Internal Revenue Code to extend through June 30, 2012, the increased 80% tax credit for health insurance costs (including advance payments) for trade adjustment assistance (TAA) and Pension Benefit Guaranty Corporation (PBGC) pension recipients. Makes TAA recipients who are in a break in training under a training program, or who are receiving unemployment compensation, eligible for such tax credit for the period through June 30, 2012. Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHSA) to extend through June 30, 2012, the TAA pre-certification period rule disregarding any 63-day lapse in creditable health care coverage for TAA workers. Extends the continued eligibility for the credit for qualifying family members and certain qualified TAA-eligible individuals and PBGC pension recipients for COBRA premium assistance through June 30, 2012. Extends through June 30, 2012, coverage under an employee benefit plan funded by a voluntary employees' beneficiary association established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative. Expands for the two-year period beginning after the enactment of this Act the continuous tax levy on payments to vendors for goods and services leased to the federal government to include payments for all property sold or leased to the federal government.

A bill to amend the Internal Revenue Code of 1986 to extend the health insurance costs tax credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stevie Wonder Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Stevland Hardaway Judkins, later known as Stevie Wonder, born in Saginaw, Michigan to Lula Mae Hardaway on May 13, 1950, has been a major figure in the music industry for the past 40 years. (2) Born prematurely, Stevie Wonder was placed in an incubator where an excess of oxygen exacerbated a visual condition known as retinopathy of prematurity, which ultimately caused his blindness. (3) In 1961, Ronnie White of the Miracles arranged an audition with Motown Records' Berry Gordy Jr, who quickly signed him and named him ``Little'' Stevie Wonder. (4) His first album, ``Little Stevie Wonder: the 12 Year Old Genius'', made the child a huge star, and produced a number 1 hit with the single ``Fingertips'' (Part 2) in 1963. (5) The following year, Stevie Wonder enrolled in the Michigan School for the Blind, where he studied classical piano. (6) In 1964, Wonder recorded little while his voiced changed and he returned in 1965 without the ``Little'' nickname. (7) His first recording as a teenager ``Uptight (Everything's Alright),'' which he co-wrote with Henry Cosby and Sylvia Moy, was a number 3 pop hit in the United States and hit number 1 on the rhythm and blues charts; this was the beginning of a string of number 1 hits that continued unbroken for over 6 years. (8) Stevie Wonder co-wrote almost all of his singles from 1967 onwards, and collaborated with some of the most notable Motown artists. (9) Shortly after reaching his 21st birthday in the spring of 1971, his recording contract with Motown Records expired, and he conditioned his return on obtaining complete artistic control of his records. (10) Motown Records agreed and he became the youngest artist with the ability to artistically control his career. (11) In 1976, Stevie Wonder's double album ``Songs in the Key of Life'' was another huge critical commercial success with 2 number 1 pop hits, ``Sir Duke'' and ``I Wish'', as well as the classic ``Isn't She Lovely''. (12) With no new music for the next 3 years, aside from the release of the mostly instrumental soundtrack to the documentary The Secret Life Of Plants in 1979, he returned to pop with ``Hotter Than July'' in 1980, which included the United States pop Top 5 hit ``Masterblaster (Jamming)''. (13) ``Hotter Than July'' also included the hit single ``Happy Birthday,'' which Stevie Wonder, one of the main figures in the campaign to have the birthday of Dr. Martin Luther King, Jr. become a national holiday, used to popularize the movement. (14) Wonder, along with the Congressional Black Caucus and other civil rights organizations, hosted the Rally for Peace Press Conference in 1981 in Washington, D.C., where he was joined by a peaceful crowd of 50,000 supporters, and such personalities as Diana Ross, Gladys Knight, Jesse Jackson, and Gil Scott-Heron. (15) The first Martin Luther King Day was celebrated on January 15, 1986, with a concert headlined by Stevie Wonder. (16) Stevie Wonder pioneered the use of the synthesizer in rhythm and blues, and also broadened his lyrics to encompass racial problems and spiritual concerns. (17) In his acceptance speech as the recipient of the 1984 Oscar for Best Song, he dedicated his award to then imprisoned civil rights leader Nelson Mandela; the South African government promptly banned Wonder's music from that country. (18) In 1985, Stevie Wonder performed on the number 1 charity singles ``We Are the World'' by USA for Africa and ``That's What Friends Are For'' by Dionne Warwick & Friends; both songs raised awareness about famine in Africa and the AIDS epidemic, respectively. (19) Stevie Wonder returned quickly with the new album, ``Characters'' in 1987 which was a hit on the rhythm and blues side, topping the album charts and producing a number 1 hit in ``Skeletons.'' and was his final release of the 1980s. (20) He returned in 1991 with the soundtrack to the Spike Lee film, Jungle Fever, and his next full album was 1995's ``Conversation Peace''. (21) He won two Grammy's for the single ``For Your Love''. (22) Since then, Motown has released a number of re-masters and compilations to continue Wonder's vast legacy. (23) ``A Time to Love'', Wonder's first new album in 10 years, was released in 2005. (24) Stevie Wonder has recorded more than 30 Top10 hits, won 22 Grammy Awards (a record for a solo artist), including a Grammy Lifetime Achievement Award and has been inducted into both the Rock and Roll and the Songwriters Halls of Fame. (25) He is the recipient of countless other awards and honors such as the U.S. Distinguished Service Award, 1999 MusiCares Person of the Year, Rhythm and Blues Foundation Pioneer Awards Lifetime Achievement, NAACP Image Award, United in Recovery's Ambassador of Peace Award, and an ASCAP Founders Award. (26) Stevie Wonder has become one of the most successful and well-known artists in the world, with 9 United States number 1 hits to his name and album sales totaling more than 100,000,000 units. (27) Stevie Wonder has also been active in such social causes as Mothers Against Drunk Driving, the Retinitis Pigmentosa Foundation, and his annual House Full of Toys Benefit Concert and he is a leading figure in the ``Charge Against Hunger'' in conjunction with American Express, which has raised over $150,000,000 dollars to feed nearly 6,000,000 underprivileged people yearly. (28) At age 49, Stevie Wonder was the youngest-ever recipient in the 22-year history of Kennedy Center Honors, given annually for lifetime contribution to arts and culture, and presented to Stevie Wonder by President Bill Clinton in Washington D.C., December 5, 1999. (29) On October 17th, 2006, Stevie Wonder received a Lifetime Achievement Award from the National Civil Rights Museum in Memphis, Tennessee. 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 Stevie Wonder, in recognition of his ground-breaking musical achievements, activism, and contributions to the music industry. (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 sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority to Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.

Stevie Wonder Congressional Gold Medal Act - Provides for the presentation of a congressional gold medal to Stevie Wonder in recognition of his ground-breaking musical achievements, activism, and contributions to the music industry.

To award a Congressional Gold Medal to Stevie Wonder, in recognition of his ground-breaking musical achievements, activism, and contributions to the music industry.

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Seamounts and Ridges National Marine Conservation Area Designation and Management Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The California Seamounts and Ridges National Marine Conservation Area established by this Act contains a series of ancient volcanos and underwater geological features in the Exclusive Economic Zone. (2) Found on the seamounts, ridges, and banks in the Conservation Area are rare deep-water corals, sponges, anemones, tunas, sharks, seabirds, marine mammals (including orcas, sperm whales, and blue whales), endangered sea turtles, octopuses, and diverse fish populations, some of which are endemic to the area. (3) The only hydrothermal vents in the continental Exclusive Economic Zone are found on Gorda Ridge located off the north coast of California and the south coast of Oregon. (4) These areas' remote location and depth contribute to their remarkably pristine condition, limited human footprint, and reputation as a vital frontier for scientific discovery, with research expeditions continuing to yield new and rare species, greater understanding about ecological relationships, and renewed appreciation of the uniqueness of deep-sea ecosystems. (5) Despite currently limited direct pressure from extractive use, the Conservation Area is undergoing rapid change due to warming waters, ocean acidification, and ecological stress from pollution and other sources the management of which transcends the jurisdiction of any single government agency or department. (6) According to many scientists, comprehensive marine habitat protection is one of the most important actions for building resilience in ocean environments to current and emerging challenges presented by anthropogenic and other stressors impacting marine ecosystems. (b) Purpose.--The purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the nationally significant historical, natural, cultural, scientific, and educational values of the California Seamounts and Ridges National Marine Conservation Area. SEC. 3. DEFINITIONS. In this Act: (1) Exclusive economic zone.--The term ``Exclusive Economic Zone'' means the Exclusive Economic Zone of the United States established by Presidential Proclamation No. 5030 of March 10, 1983. (2) Conservation area.--The term ``Conservation Area'' means the California Seamounts and Ridges National Marine Conservation Area established by section 4(a). (3) Outer continental shelf.--The term ``Outer Continental Shelf'' has the meaning given the term ``outer Continental Shelf'' in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). SEC. 4. DESIGNATION. (a) Establishment.--There is established the California Seamounts and Ridges National Marine Conservation Area, consisting of the waters of the Exclusive Economic Zone and the Outer Continental Shelf contained in the area described in subsection (b). (b) Area Described.--The area referred to in subsection (a)-- (1) is the area generally depicted as the Conservation Area on the map entitled ``____'' and dated ___, as is more particularly described by the Secretary of Commerce and the Secretary of the Interior under subsection (c); and (2) includes-- (A) Gorda Ridge; (B) the portion of Mendocino Ridge in the Conservation Area west of longitude 125 40' 4.8" W; and (C) Guide, Pioneer, Taney, Gumdrop, Rodriguez, San Juan, and Northeast seamounts. (c) Detail Boundary Description and Map.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of Commerce and the Secretary of the Interior shall jointly develop a detailed boundary description and map of the Conservation Area. (2) Force and effect.--The map and boundary description developed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretaries may correct any minor errors in the map and boundary descriptions. (3) Public availability.--The map and boundary description developed under paragraph (1) shall be on file and available for public inspection within the management plan required under section 5 of this Act. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary of Commerce and the Secretary of the Interior shall have joint responsibility for management of the California Seamounts and Ridges National Marine Conservation Area. (b) Consultation and Management.-- (1) In general.--The Secretaries may not implement the establishment of the Conservation Area without-- (A) direct and thorough consultation with the Pacific Fishery Management Council, stakeholders from commercial and recreational fishing sectors, and other key fishery groups, including working with such persons and affected Indian tribes to develop and implement a plan for the comprehensive and long-term protection and management of the Conservation Area; and (B) prior, timely, and ongoing notice and consultation between the Secretaries and affected Indian tribes, including working with such Indian tribes to-- (i) develop and implement mutually agreed- upon plans for the comprehensive and long-term protection and management of the Conservation Area; and (ii) ensure that management of the Conservation Area does not in any way impact traditional uses of the waters of the Conservation Area by members of such tribes. (2) Prohibitions.-- (A) In general.--The plan required under paragraph (1)(A) shall, subject to subparagraph (B) and subsections (c) and (d), prohibit-- (i) exploring for, developing, or producing oil, gas, or minerals; (ii) using or attempting to use poisons, electrical charges, or explosives in the collection or harvest of any living or nonliving marine resource; (iii) intentionally introducing or otherwise releasing an introduced species from within or into the Conservation Area; (iv) anchoring on or having a vessel anchored on any living or dead coral in the Conservation Area; (v) drilling into, dredging, or otherwise altering the Outer Continental Shelf in the Conservation Area; and (vi) other activities determined by the Secretary, as appropriate for the long-term protection and management of the Conservation Area. (B) Exceptions.--The prohibitions set forth in subparagraph (A) shall not apply to-- (i) activities and exercises of the Armed Forces (including those carried out by the Coast Guard) that are consistent with applicable laws; (ii) actions necessary to respond to emergencies threatening life, property, or the environment, and activities necessary for national security or law enforcement purposes; (iii) scientific exploration or research activities, subject to such terms and conditions as the Secretaries consider necessary for the care and management of the living and nonliving marine resources of the Conservation Area; (iv) the troll Albacore fishery; and (v) recreational fishing and charter fishing, as those terms are defined in section 2 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (c) Emergencies, National Security, and Law Enforcement Activities.-- (1) In general.--The prohibitions required by subsection (b) shall not apply to activities necessary to respond to emergencies threatening life, property, or the environment, or to activities necessary for national security or law enforcement purposes. (2) Emergency response.--Nothing in this Act limits the authority of government agencies to take actions to respond to emergencies that pose an unacceptable threat to human health or safety or to the marine environment and for which there is no other feasible solution. (d) Armed Forces Actions.-- (1) In general.--The prohibitions required by subsection (b) shall not apply to activities and exercises of the Armed Forces, including those carried out by the Coast Guard. (2) Compliance with this act.--The Armed Forces shall ensure, by the adoption of appropriate measures not impairing their operations or operational capabilities, that its vessels and aircraft operate in a manner consistent, so far as is reasonable and practicable, with this Act. (3) Destruction of, loss of, or injury to living marine resources.--In the event of threatened or actual destruction of, loss of, or injury to a living marine resource of the Conservation Area resulting from an incident caused by a component of the Department of Defense or the Coast Guard, including as a result of a spill of oil or other hazardous material or vessel grounding, the responsible component shall promptly coordinate with the Secretary of the Interior or Commerce, as appropriate, for the purpose of taking appropriate actions to respond to and mitigate any actual harm and, if possible, restore or replace the affected Conservation Area resources. (4) Military property not affected.--Nothing in this Act or any regulation implementing it limits or otherwise affects the Armed Forces discretion to use, maintain, improve, manage, or control any property under the administrative control of a military department or otherwise limit the availability of such property for military mission purposes. SEC. 6. WITHDRAWALS. The areas of the Outer Continental Shelf comprised of Cortes and Tanner Banks, and of the portion of Mendocino Ridge bounded by a square with a southwestern corner located at 40 0' N, 125 40' 4.8" W and a northeastern corner located at 40 30' N, 125 10' 4.8" W, are withdrawn from commercial leasing under Federal law for exploration, development, or production of oil and gas, mining minerals, energy sighting, and cable laying.

California Seamounts and Ridges National Marine Conservation Area Designation and Management Act This bill establishes the California Seamounts and Ridges National Marine Conservation Area to protect certain seamounts, ridges, and banks locatedin federal waters off the coast of California. The National Oceanic and Atmospheric Administration (NOAA)and the Department of the Interior shall have joint responsibility for managing the conservation area.Development of a management plan must include a public consultation process with tribes, fisherman, and other stakeholders to better understand the activities occurring in the conservation area. Additionally, any management plan developed by NOAA and Interior must prohibit oil and gas development, deep sea-mining, aquaculture, and damaging fishing practices in the area.Certain activities including recreational fishing and exercises by the Armed Forces are allowed to be conducted in the area.

California Seamounts and Ridges National Marine Conservation Area Designation and Management Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Communities Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the National Health and Nutrition Examination Survey (NHANES) from 2003-2006, for children aged 6-11 years and 12-19 years, the prevalence of being overweight was 17 percent and 17.6 percent, respectively. (2) According to the Surgeon General, overweight adolescents have a 70 percent chance of becoming overweight or obese adults. (3) According to the Surgeon General, overweight and obesity are associated with heart disease, certain types of cancer, type 2 diabetes, stroke, arthritis, breathing problems, and psychological disorders, such as depression. (4) According to the Surgeon General, an estimated 300,000 deaths per year may be attributable to obesity. (5) The Centers for Disease Control and Prevention reports that in 2000, the total cost of obesity in the United States was estimated to be $117 billion. (6) According to the Dietary Guidelines produced by the Department of Agriculture, increasing consumption of fruits and vegetables, whole grains, and calcium-rich foods, while reducing saturated fats, trans fats, sodium, added sugars, and excess calories and reducing obesity could dramatically improve Americans' health and well-being. (7) According to the Surgeon General, nearly half of young people aged 12-21 are not vigorously active on a regular basis. Yet, regular physical activity improves strength, builds lean muscle, and decreases body fat. SEC. 3. COMMUNITY OBESITY PREVENTION PROGRAM. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended-- (1) by redesignating the second and third sections 399R as sections 399S and 399T, respectively; and (2) by adding at the end the following: ``SEC. 399U. COMMUNITY OBESITY PREVENTION PROGRAM. ``(a) In General.--The Secretary shall make 5-year grants to community partnerships for programs to combat obesity. ``(b) Partnership Members.--To be eligible to seek a grant under this section, at minimum, a community partnership shall include members representing each of the following areas: ``(1) Hospitals. ``(2) School districts. ``(3) Early childhood care providers. ``(4) Local governments. ``(5) Health insurance companies. ``(6) Pediatricians. ``(7) Other health professionals. ``(8) Local employers. ``(c) Funding Requirements.--To be eligible for funding under this section, a program shall comply with each of the following: ``(1) Executive council.-- ``(A) The program shall have an executive council composed of one partnership member from each of the areas listed in subsection (b). ``(B) The executive council shall be responsible for governing, overseeing, and managing the program. ``(C) The executive council shall meet monthly to discuss governing the program. ``(D) The executive council shall have subcommittees composed of partnership members representing a variety of community participants in order to involve as many people as possible. ``(2) Steering committee.-- ``(A) The program shall have a steering committee composed of, at minimum, the following: ``(i) Local health groups who engage in obesity-related programming. ``(ii) Local environmental groups who work on urban planning and forming `livable communities'. ``(iii) Local recreational facilities that engage in obesity-related programming. ``(iv) Representatives of each of the partnership members. ``(v) Representatives of local restaurants or grocery stores that offer healthy food options. ``(vi) Representatives of local farmers. ``(vii) Other groups as deemed appropriate by the executive committee. ``(B) The steering committee shall meet at least 10 times per year and perform the following functions: ``(i) Assess the progress of the program. ``(ii) Provide recommendations to the executive council concerning improvements to the program. ``(3) Program components.--The program shall address all the different components of fighting obesity and include the following: ``(A) Physical exercise and a physical activity environment encouraging-- ``(i) daily physical activity or exercise; and ``(ii) community events based around physical activity or exercise. ``(B) Nutritional counseling and nutritional environment activities including-- ``(i) counseling from a registered dietitian; ``(ii) community healthy meal and snack ideas-- ``(I) at home; ``(II) at school; ``(III) at early childhood care; and ``(IV) at the workplace; and ``(iii) alternatives to unhealthy food choices and availability of nutritious foods, including evaluation of potential food `deserts' and farmers' markets. ``(C) Education to-- ``(i) provide information about the importance of eating healthily and maintaining a balanced diet to the community; ``(ii) provide information about the importance of being physically fit; and ``(iii) provide strategies for addressing varying individual capabilities to attain physical fitness. ``(D) An evidence-based curriculum using the National Institutes of Health's Ways to Enhance Children's Activity and Nutrition (We Can) program and curriculum to guide the program. ``(4) Best practices.--The program shall make use of evidence-based practices, strategies, programs, and policies in designing program guidelines. ``(5) Communications.--The program shall develop a communications plan that involves the entire community, utilizing a wide variety of resources. ``(6) Occurrence of program.--The program shall have both in-school and workplace wellness programs to encourage healthier behavior by all participants on a consistent basis. ``(7) Wellness coordinator.--The program shall identify a person, to be known as the Wellness Coordinator, who will ensure that the program is being implemented to encourage healthy lifestyles. The Wellness Coordinator shall provide monthly updates to the executive committee and steering committee on the components of the program being implemented and progress made towards meeting goals. ``(8) Assessment.--The executive committee and steering committee shall perform an assessment of the obesity problem in the respective community. The assessment shall include-- ``(A) measurement of the extent of the problem; and ``(B) factors contributing to the problem. ``(9) Goals.--Based on the assessment pursuant to paragraph (8), the executive committee, steering committee, and Wellness Coordinator shall work together to lay out achievable short- and long-term goals for reducing childhood obesity. These goals shall include the following: ``(A) Specific percentage decrease in rates of obese adults and children. ``(B) Specific percentage decrease in rates of overweight adults and children. ``(C) Specific percentage increase in rates of children attaining at least 60 minutes of physical activity per day and adults attaining at least 30 minutes of physical activity per day. ``(D) Specific percentage increase in improved nutrition among children and adults. ``(10) Reports.--Not later than 12 months after a program first receives funds under this section, and annually thereafter, the Wellness Coordinator shall submit a report to the Secretary on the success of the program. The report shall include measurement of the effectiveness of the program in achieving its goals. ``(d) Prohibition Against Use of Funds for Administrative Expenses.-- ``(1) Prohibition.--The Secretary shall prohibit a community partnership awarded a grant under this section from using the grant to pay the administrative expenses of the partnership's program to combat obesity. ``(2) Exceptions.--Notwithstanding paragraph (1), the Secretary may allow such community partnership to use the grant-- ``(A) to pay the salaries and benefits of staff responsible for implementing the program; or ``(B) to pay the costs of performing an assessment under subsection (c)(8). ``(e) Preference.--In selecting grant recipients under this section, the Secretary shall give preference to communities with high levels of obesity and related chronic diseases. ``(f) Application for Assistance During Subsequent Grant Years.--To continue receiving assistance through a grant under this section, a community partnership shall submit a separate application to the Secretary at the beginning of each fiscal year during the grant period. At a minimum, an application so submitted for the second or subsequent year of a grant shall include a description of the partnership's progress in the following areas: ``(1) Reducing the number of people who are overweight and obese. ``(2) Improving the number of people receiving the recommended daily allowance of nutritional food, including fruits and vegetables. ``(3) Improving the number of people devoting at least 30 minutes a day to physical activity for adults and 60 minutes a day for children. ``(g) Funding.-- ``(1) Authorization of appropriations.--To carry out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2010 and such sums as may be necessary for fiscal years 2011 to 2015. ``(2) Maximum amount of grant for first year.--For the first year of a grant to a community partnership under this section, the Secretary may award not more than $100,000. ``(3) Matching funds.--With respect to the costs of a program to combat obesity to be funded under this section, the Secretary may make a grant to a community partnership only if the partnership agrees to make available non-Federal contributions toward such costs in an amount that is not less than $1 for every $4 of Federal funds provided pursuant to this section.''.

Healthy Communities Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to make five-year grants to community partnerships for programs to combat obesity. Sets forth eligibility requirements. Provides for an executive council and a steering committee. Requires a community obesity prevention program to address all the different components of fighting obesity and to include: (1) physical exercise and a physical activity environment; (2) nutritional counseling and nutritional environment activities; (3) education to provide to the community information about the importance of eating healthily and maintaining a balanced diet and of being physically fit and to provide strategies for addressing varying individual capabilities to attain physical fitness; and (4) an evidence-based curriculum using the National Institutes of Health's (NIH's) Ways to Enhance Children's Activity and Nutrition (We Can) program and curriculum to guide the program. Requires a program to: (1) make use of evidence-based practices, strategies, programs, and policies in designing program guidelines; (2) develop a communications plan that involves the entire community; (3) have both in-school and workplace wellness programs; and (4) identify a Wellness Coordinator. Requires the executive council and the steering committee to: (1) perform an assessment of the obesity problem in each respective community; and (2) work with the Wellness Coordinator to lay out achievable short- and long-term goals for reducing childhood obesity. Directs the Secretary to: (1) prohibit a community partnership from using the grant to pay for administrative expenses, with exceptions; and (2) give preference in selecting grant recipients to communities with high levels of obesity and related chronic diseases.

To amend the Public Health Service Act to promote obesity prevention, including proper nutrition and exercise.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Price Reporting and Disclosure Act of 2005''. SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following new section: ``data reporting by hospitals and public posting ``Sec. 249. (a) Semiannual Reporting Requirement.--Not later than 80 days after the end of each semiannual period beginning January 1 or July 1 (beginning more than one year after the date of the enactment of this section), a hospital shall report to the Secretary the following data: ``(1) The frequency with which the hospital performed each service selected under subparagraph (A) or (B) of subsection (c)(1) in an inpatient or outpatient setting, respectively, during such period. ``(2) The frequency with which the hospital administered a drug selected under subparagraph (C) of such subsection in an inpatient setting during such period. ``(3) If the service was so performed or the drug was so administered during such period, the average charge and the medium charge by the hospital for such service or drug during such period. ``(b) Public Availability of Data.-- ``(1) Public posting of data.--The Secretary shall promptly post, on the official public Internet site of the Department of Health and Human Services, the data reported under subsection (a). Such data shall be set forth in a manner that promotes charge comparison among hospitals. ``(2) Notice of availability.--A hospital shall prominently post at each admission site of the hospital a notice of the availability of the data reported under subsection (a) on the official public Internet site under paragraph (1). ``(c) Selection of Services and Drugs.--For purposes of this section: ``(1) Initial selection.--Based on national data, the Secretary shall select the following: ``(A) The 25 most frequently performed services in a hospital inpatient setting. ``(B) The 25 most frequently performed services in a hospital outpatient setting. ``(C) The 50 most frequently administered drugs in a hospital inpatient setting. ``(2) Updating selection.--The Secretary shall periodically update the services and drugs selected under paragraph (1). ``(d) Civil Money Penalty.--The Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of subsection (a) or (b)(2) by a hospital. The provisions of subsection (i)(2) of section 351A shall apply with respect to civil money penalties under this subsection in the same manner as such provisions apply to civil money penalties under subsection (i)(1) of such section. ``(e) Administrative Provisions.-- ``(1) In general.--The Secretary shall prescribe such regulations and issue such guidelines as may be required to carry out this section. ``(2) Classification of services.--The regulations and guidelines under paragraph (1) shall include rules on the classification of different services and the assignment of items and procedures to those services (including inpatient diagnostic related groups (DRGs), outpatient procedures, and tests) and classification of drugs. For purposes of the preceding sentence, classification of drugs may include unit, strength, and dosage information. ``(3) Computation of average and median charges.-- ``(A) In general.--The regulations and guidelines under paragraph (1) shall include a methodology for computing an average charge and a median charge for a service or drug, in accordance with subparagraph (B). ``(B) Methodology.--The methodology prescribed by the Secretary under subparagraph (A) shall ensure that the average charge and the median charge for a service or drug reflect the amount charged before any adjustment based on a rate negotiated with a third party. ``(4) Form of report and notice.--The regulations and guidelines under paragraph (1) shall specify the electronic form and manner by which a hospital shall report data under subsection (a) and the form for posting of notices under subsection (b)(2). ``(f) Rules of Construction.-- ``(1) Non-preemption of state laws.--Nothing in this section shall be construed as preempting or otherwise affecting any provision of State law relating to the disclosure of charges or other information for a hospital. ``(2) Charges.--Nothing in this section shall be construed to regulate or set hospital charges. ``(g) Definitions.--For purposes of this section: ``(1) Hospital.--The term `hospital' has the meaning given such term by the Secretary. ``(2) Drug.--The term `drug' includes a biological and a non-prescription drug, such as an ointment.''.

Hospital Price Reporting and Disclosure Act of 2005 - Amends the Public Health Service Act to require a hospital to: (1) report data to the Secretary of Health and Human Services regarding the frequency of performing certain services and administering certain drugs and the charge by the hospital for such services or drugs; and (2) prominently post such information at each admission site. Requires the Secretary to: (1) publicly post such information in a manner that promotes charge comparisons among hospitals; and (2) select which services or drugs are to be reported based on how frequently each service is performed or each drug is administered. Allows the Secretary to impose a civil monetary penalty for violations of this Act.

A bill to amend the Public Health Service Act to provide for the public disclosure of charges for certain hospital services and drugs.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Black Hills Charter Forest Act of 2002''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings. Sec. 4. Purpose. Sec. 5. Demonstration forest management project, Black Hills National Forest, South Dakota and Wyoming. Sec. 6. Independent scientific review and monitoring. Sec. 7. Community management council. Sec. 8. Predecisional review process for demonstration project. Sec. 9. Stewardship contracting authority. Sec. 10. Retention of demonstration project receipts. Sec. 11. Relation to National Environmental Policy Act of 1969. SEC. 2. DEFINITIONS. In this Act: (1) The term ``council'' means the community management council appointed under section 7. (2) The term ``demonstration project'' means the demonstration forest management project for the Black Hills National Forest in the States of South Dakota and Wyoming required by this Act. (3) The term ``panel'' means the panel of non-Federal scientists assembled by the Secretary under section 6. (4) The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. SEC. 3. FINDINGS. Congress finds the following: (1) The administrative body for the National Forest System, the Forest Service, is plagued by ineffective public involvement, management inefficiency, and protracted, superfluous analyses. (2) The debilitations of the Forest Service have cultivated an environment of mistrust and divisiveness in forest policy, begetting a cumbersome, enfeebled process of resource management in the Black Hills National Forest. (3) This state of affairs represents a grievous disservice to the public and the environment and are indicative of an administrative process in need of repair; and (4) it is in the public interest to explore a broad spectrum of progressive solutions to improve forest management for, and the condition of forests in, the Black Hills National Forest. SEC. 4. PURPOSE. The purpose of this Act is-- (1) to increase community involvement in decisionmaking regarding the management of the Black Hills National Forest; (2) to evaluate alternatives in reforming the current Forest Service administrative appeals process for projects in the Black Hills National Forest; (3) to provide the Black Hills National Forest with more efficient and dynamic contracting mechanisms to accomplish land and resource management plan objectives; and (4) to evaluate and implement procedural reform in the Forest Service's administration of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) on forest projects in the Black Hills National Forest, in keeping with the law's substantive intent. SEC. 5. DEMONSTRATION FOREST MANAGEMENT PROJECT, BLACK HILLS NATIONAL FOREST, SOUTH DAKOTA AND WYOMING. (a) Demonstration Project Required.--The Secretary of Agriculture, acting through the Chief of the Forest Service, shall conduct a demonstration project in the Black Hills National Forest for the purpose of increasing community involvement in decisionmaking regarding the management of the Black Hills National Forest and evaluating various methods, described in this Act, to improve the management and condition of the Black Hills National Forest. (b) Commencement of Demonstration Project.--The Secretary shall commence the demonstration project upon the completion of the phase 2 amendment, pending as of the date of the enactment of this Act, to the land and resource management plan for the Black Hills National Forest. (c) Duration.--The Secretary shall terminate the demonstration project at the end of the 10-year period beginning on the date the demonstration project is commenced pursuant to subsection (b). (d) Relation to Other National Forest System Laws.--Except as provided in this Act, during the term of the demonstration project, the Secretary shall continue to manage the Black Hills National Forest under all of the laws and regulations governing occupancy, use, and management of the National Forest System. SEC. 6. INDEPENDENT SCIENTIFIC REVIEW AND MONITORING. (a) Review of Ecological, Social, and Economic Sustainability of Forest.-- (1) Initial review.--The Secretary shall assemble an independent panel of non-Federal scientists to conduct an assessment, using accepted measures and indicators, of the ecological, social, and economic sustainability of the Black Hills National Forest, taking into consideration such factors as forest health, susceptibility to catastrophic fire, biological diversity, and the capability of the forest to sustain communities and economies. (2) Submission of results.--Not later than one year after the date of the enactment of this Act, the panel shall submit to the Secretary and Congress a report containing the results of the assessment conducted under this subsection. (b) Monitoring Plan for Demonstration Project.--The panel shall prepare a monitoring plan to be used to track the implementation of the demonstration project. (c) Revised Review; Resubmission of Results.--At the end of the first five years of the demonstration project and upon the completion of the demonstration project, the panel shall revise the assessment conducted under subsection (a) and resubmit it to the Secretary and Congress. (d) Effects of Demonstration Project.--Using the information collected from the monitoring plan, the panel shall include in each revised assessment an evaluation of the positive and negative impacts of the demonstration project on changes in the ecological, social, and economic sustainability of the Black Hills National Forest. SEC. 7. COMMUNITY MANAGEMENT COUNCIL. (a) Establishment and Purposes.--The Secretary shall establish a community management council as part of the demonstration project for the purpose of-- (1) advising the Secretary and the Supervisor of the Black Hills National Forest on the broad array of environmental, economic, and social issues related to the management, occupancy, and use of the Black Hills National Forest; and (2) advising the Secretary and the Supervisor in the development of binding priorities for management activities on the Black Hills National Forest. (b) Appointment and Members.--The council shall consist of 13 members, appointed by the Secretary in consultation with the Governors and congressional delegations of the States of South Dakota and Wyoming. Members shall meet the following criteria: (1) Members shall represent an equitable cross-section of forest policy stakeholders. (2) Members shall reside in the seven counties that encompass the Black Hills National Forest: (A) Pennington, Lawrence, Meade, Custer, and Fall River Counties of South Dakota. (B) Crook and Weston Counties of Wyoming. (3) Members shall have demonstrated a willingness to seek compromise on complex forest issues through respectful and reasonable discourse. (4) Members shall have demonstrated an ability to respect values, cultures, and points of view other than their own. (c) Forest Supervisor.--The Supervisor of the Black Hills National Forest shall serve as an ex officio member of the council. (d) Vacancies; Geographic Representation.--Vacancies on the council shall be filled in the same manner as the original appointment. (e) Compensation.--Members of the council who are not Federal employees shall serve without compensation. (f) Other Council Authorities and Requirements.-- (1) Staff assistance.--The council may request the Secretary to provide staff assistance to the council from Federal employees under the jurisdiction of the Secretary. (2) Meetings.--All meetings of the council shall be announced at least one week in advance in a local newspaper of record and shall be open to the public. (3) Records.--The council shall maintain records of the meetings of the council and make the records available for public inspection. (4) Relation to other law.--The council shall be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 8. PREDECISIONAL REVIEW PROCESS FOR DEMONSTRATION PROJECT. (a) In General.--The Secretary shall promulgate rules to establish a predecisional review process that would be used during the term of the demonstration project in connection with site-specific projects in the Black Hills National Forest that require approval by a Forest Service official in a decision notice or record of decision. (b) Relation to Required Environmental Analysis.--The predecisional review process shall not be construed to alter or waive any environmental analysis otherwise required as part of the planning or implementation of a project in the Black Hills National Forest. (c) Required Elements of Predecisional Review.-- (1) Notice.--The rules required by subsection (a) shall provide for notice of a proposed decision and an opportunity to request review before a final decision on a site-specific project is made. (2) Right to request a predecisional review.--For a period not to exceed 30 days from the date notice is provided pursuant to paragraph (1), review of a proposed decision may be requested by any individual or entity, but only if the individual or entity submitted written comments during the preparation stage of the project on the issue or issues for which predecisional review is sought. (3) Completion of review.--The review of a request for predecisional review shall be completed before issuance of a final decision regarding the project at issue. The review shall be completed within 30 days after the date the request was submitted. (d) Exemption.--The Secretary may exempt a proposed decision responding to an unexpected or serious event that would provide relief from hazards threatening human health and safety or natural resources, or provide for rehabilitation and recovery of forest resources, from the predecisional review rules prescribed under this section. (e) Exhaustion of Predecisional Review Process.--Notwithstanding any other provision of law, an individual or entity must exhaust the predecisional review process before the individual or entity may bring an action in court challenging a site-specific project under the demonstration project. (f) Presumption.--In any predecisional review or litigation of a management activity under the demonstration project, the responsible official, administrative entity, or court shall give deference to the expert judgment of the Secretary in identifying and interpreting the scientific data that is the basis for the management activity. (g) Relation to Forest Service Decisionmaking and Appeals Reform.-- Section 322 of the Department of the Interior and Related Agencies Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 note), shall not apply to activities conducted under the demonstration project. SEC. 9. STEWARDSHIP CONTRACTING AUTHORITY. (a) Use of Existing Demonstration Authority.--During the term of the demonstration project, the Secretary may enter into stewardship and end result contracts for the Black Hills National Forest in accordance with section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 note), to accomplish the land management goals specified in subsection (b) of such section. (b) Additional Contracts.--The contracts entered into under the authority of subsection (a) shall be in addition to the contracts authorized under such section 347 or under section 338 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106-291; 16 U.S.C. 2104 note). SEC. 10. RETENTION OF DEMONSTRATION PROJECT RECEIPTS. (a) Retention.--During the term of the demonstration project, the Secretary shall retain the monetary proceeds from commercial timber sales and special use permit fees derived from the Black Hills National Forest. The retained receipts shall be in addition to such other funds appropriated or otherwise made available for the operation of the Black Hills National Forest, and the receipts shall not be subject to overhead assessment. (b) Use.--The Secretary shall use the retained receipts for projects in the Black Hills National Forest, with priority placed on projects related to forest health, restoration, hazardous fuels reduction, and disease and invasive species control. (c) Role of Council.--The Secretary shall consult with the council in selecting projects under this section. SEC. 11. RELATION TO NATIONAL ENVIRONMENTAL POLICY ACT OF 1969. In conducting the demonstration project, the Secretary shall continue to comply with the substantive requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) and its implementing rules. Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate rules regarding implementation of the National Environmental Policy Act of 1969 in the Black Hills National Forest during the demonstration project, being careful to provide maximum latitude to line officers and the council consistent with the substantive requirements of that Act.

Black Hills Charter Forest Act of 2002 - Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to conduct a ten-year demonstration project in the Black Hills National Forest (the "Forest") for the purposes of increasing community involvement in Forest management decisions and evaluating various methods of improving the management and condition of the Forest.Directs the Secretary to establish an independent panel of non-Federal scientists which shall: (1) conduct an assessment of the ecological, social, and economic sustainability of the Forest and submit the results to Congress; and (2) prepare a monitoring plan for the demonstration project.Requires the Secretary to establish a community management council to advise on environmental, economic, and social issues pertaining to the Forest and on the development of binding priorities for management activities on the Forest.Directs the Secretary to promulgate rules which, while not affecting any environmental analysis otherwise required, shall establish a predecisional review process for site specific projects during the demonstration project. Delineates procedures for the review of decisions, as well as circumstances in which exemptions from the review rules are permitted.

To require the Secretary of Agriculture to conduct a demonstration forest management project in the Black Hills National Forest in the States of South Dakota and Wyoming.

SECTION 1. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA AND HERZEGOVINA. (a) Prohibition.--Neither the President nor any other member of the Executive Branch of the United States Government shall interfere with the transfer of arms to the Government of Bosnia and Herzegovina. (b) Termination.--The President shall terminate the United States arms embargo of the Government of Bosnia and Herzegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. (c) Definition.--As used in this section, the term ``United States arms embargo of the Government of Bosnia and Herzegovina'' means the application to the Government of Bosnia and Herzegovina of-- (1) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 Fed. Reg. 33322), under the heading ``Suspension of Munitions Export Licenses to Yugoslavia''; and (2) any similar policy being applied by the United States Government as of the date of receipt of the request described in subsection (a) pursuant to which approval is routinely denied for transfers of defense articles and defense services to the former Yugoslavia. (d) Nothing in this section shall be interpreted as authorization for deployment of United States forces in the territory of Bosnia and Herzegovina for any purpose, including training, support or delivery of military equipment. SEC. 2. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA AND HERZEGOVINA. (a) Prohibition.--Neither the President nor any other member of the Executive Branch of the United States Government shall interfere with the transfer of conventional arms appropriate to the self-defense needs of the Government of Bosnia and Herzegovina. (b) Termination.--The President shall terminate the United States arms embargo of the Government of Bosnia and Herzegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. (c) Definition.--As used in this section, the term ``United States arms embargo of the Government of Bosnia and Herzegovina'' means the application to the Government of Bosnia and Herzegovina of-- (1) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 Fed Reg. 33322) under the heading ``Suspension of Munitions Export Licenses to Yugoslavia''; and (2) any similar policy being applied by the United States Government as of the date of receipt of the request described in subsection (a) pursuant to which approval is routinely denied for transfers of defense articles and defense services to the former Yugoslavia. (d) Nothing in this section shall be interpreted as authorization for deployment of United States forces in the territory of Bosnia and Herzegovina for any purpose, including training, support or delivery of military equipment. SEC. 3. APPROVE AND AUTHORIZE USE OF UNITED STATES AIRPOWER TO IMPLEMENT NATO EXCLUSION ZONES. (a) Purpose.--To approve and authorize the use of United States airpower to implement the North Atlantic Treaty Organization (NATO) exclusion zones around United Nations designated safe areas in Bosnia and Herzegovina and to protect United Nations forces. (b) Findings.--The Congress makes the following findings: (1) the war in the Republic of Bosnia and Herzegovina has claimed tens of thousands of lives and displaced more than two million citizens; (2) the Senate supports as a policy objective a peace settlement that provides for an economically, politically and militarily viable Bosnian state, capable of exercising its rights under the United Nations Charter; (3) United Nations Security Council Resolutions 836 and 844 call on member states, acting nationally or through regional organizations, to take all necessary measures to deter attacks against safe areas identified in Security Council resolution 824. (4) On February 9, 1994 the North Atlantic Council authorized the use of air strikes to end the siege of Sarajevo and on April 22, 1994 to end the siege of Gorazde and to respond to attacks on the safe areas of Bihac, Srebrenica, Tuzla or Zepa or to the threatening presence of heavy weapons within a radius of 20 kilometers of those areas (within Bosnia and Herzegovina); (5) The Congress in the fiscal year 1994 State Department authorization bill expressed its sense that the President should terminate the United States arms embargo on the Government of Bosnia and Herzegovina. (c) Policy.-- (1) The Senate authorizes and approves the decision by the President to join with our NATO allies in implementing the North Atlantic Council decisions-- (A) of June 10, 1993 to support and protect UNPROFOR forces in and around United Nations designated safe areas, and (B) of February 9, 1994 to use NATO's airpower in the Sarajevo region of Bosnia and Herzegovina, and (C) of April 22, 1994 to authorize CINCSOUTH to conduct air strikes against Bosnian Serb heavy weapons and other military targets within a 20 kilometers radius of the center of Gorazde, and Bihac, Srebrenica, Tuzla or Zepa (within the territory of Bosnia and Herzegovina) if these safe areas are attacked or threatened by Bosnian Serb heavy weapons. (2) The Congress favors the termination of the arms embargo against the Government of Bosnia and Herzegovina. The President shall seek immediately the agreement of NATO allies to terminate the international arms embargo on the Government of Bosnia and Herzegovina. In accordance with Administration policy following such consultations the President or his representative shall promptly propose or support a resolution in the United Nations Security Council to terminate the international arms embargo on Bosnia and Herzegovina. If the Security Council fails to pass such a resolution the President shall within 5 days consult with Congress regarding unilateral termination of the arms embargo on the Government of Bosnia and Herzegovina. Upon termination of the international embargo the President shall ensure that, subject to the regular notification procedures of the appropriate congressional committees, appropriate military assistance be provided expeditiously to Bosnia and Herzegovina upon receipt from that government of such a request in exercising its right of self- defense. (3) Unless previously authorized by the Congress no United States ground combat forces should be deployed in Bosnia and Herzegovina. Any request by the President for such authorization should include: (A) an explanation of the United States interests involved in such commitments or actions; (B) the specific objectives of the commitments or actions; (C) the likely duration of the operation; (D) the size, composition, command and control arrangements, rules of engagement, contributions of allied nations, and other details of the force needed to meet the objectives; (E) specific measurements of success, particularly the end point of the United States involvement, and what follow-on security arrangements would be needed; and (F) an estimate of financial costs, including burdensharing arrangements, and non-financial costs as can be determined. (4) Nothing in this legislation restricts the prerogative of Congress to review the arms embargo on Bosnia and Herzegovina. Passed the Senate May 12 (legislative day, May 2), 1994. Attest: MARTHA S. POPE, Secretary.

Prohibits the President or any other member of the executive branch from interfering with the transfer to the Government of Bosnia and Herzegovina of: (1) arms; or (2) conventional arms appropriate to self-defense needs. Requires the President to terminate the U.S. arms embargo of such government upon receipt of a request for assistance in exercising its right of self-defense under the United Nations Charter. Authorizes and approves the President's decision to join with NATO allies in: (1) supporting and protecting UNPROFOR forces in and around United Nations designated safe areas; (2) using NATO's airpower in the Sarajevo region; and (3) authorizing air strikes against specified Bosnian Serb heavy weapons and other military targets within Bosnia if the safe areas are threatened by such weapons. Requires the President to seek the agreement of NATO allies to terminate the international arms embargo on Bosnia and Herzegovina. Declares that no U.S. ground combat forces should be deployed in Bosnia and Herzegovina unless previously authorized by the Congress.

A bill to remove the United States arms embargo of the Government of Bosnia and Herzegovina.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Medicare Fraud Act of 2016''. SEC. 2. PERMISSIVE EXCLUSION FROM FEDERAL HEALTH PROGRAMS EXPANDED TO CERTAIN INDIVIDUALS WITH PRIOR INTEREST IN SANCTIONED ENTITIES AND ENTITIES AFFILIATED WITH SANCTIONED ENTITIES. Paragraph (15) of section 1128(b) of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended to read as follows: ``(15) Individuals and entities affiliated with a sanctioned entity.--(A) Any of the following: ``(i) Any individual who-- ``(I) is a person with an ownership or control interest in a sanctioned entity or an affiliated entity of such sanctioned entity (or was a person with such an ownership or control interest at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)); and ``(II) knows or should have known (as defined in section 1128A(i)(7)) (or knew or should have known) of such conduct. ``(ii) Any individual who is an officer or managing employee (as defined in section 1126(b)) of a sanctioned entity or affiliated entity of such sanctioned entity (or was such an officer or managing employee at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)). ``(iii) Any affiliated entity of a sanctioned entity. ``(B) For purposes of this paragraph, the term `sanctioned entity' means an entity-- ``(i) that has been convicted of any offense described in subsection (a) of this section or in paragraph (1), (2), or (3) of this subsection; or ``(ii) that has been excluded from participation under a program under title XVIII or under a State health care program. ``(C) For purposes of subparagraph (A), the term `affiliated entity' means, with respect to a sanctioned entity, an entity that is (or was at the time of any of the conduct that formed the basis for the conviction or exclusion described in subparagraph (B)) affiliated with such sanctioned entity, and includes an entity-- ``(i) that is a person with an ownership or control interest in such sanctioned entity (or was such a person with respect to such sanctioned entity at the time of any conduct that formed the basis for the conviction described in subparagraph (B)); ``(ii) with respect to which a sanctioned entity is a person with an ownership or control interest in such entity (or was such a person with respect to such entity at the time of any conduct that formed the basis for the conviction described in subparagraph (B)); ``(iii) with respect to which a person with an ownership or control interest in such entity also has such an interest in such sanctioned entity; or ``(iv) with respect to which a person who is an officer or managing employee (as defined in section 1126(b)) of such entity also is such an officer or managing employee of such sanctioned entity. ``(D) For purposes of this paragraph, the term `person with an ownership or control interest' has the meaning given such term in section 1124(a)(3).''. SEC. 3. CRIMINAL PENALTY FOR ILLEGAL DISTRIBUTION OF MEDICARE, MEDICAID, OR CHIP BENEFICIARY IDENTIFICATION OR PROVIDER NUMBERS. Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-7b(b)) is amended by adding at the end the following: ``(5) Whoever knowingly and with the intent to defraud purchases, sells or distributes, or arranges for the purchase, sale, or distribution of two or more beneficiary identification numbers or unique health identifier for a health care provider under title XVIII, title XIX, or title XXI shall be imprisoned for not more than 15 years or fined under title 18, United States Code (or, if greater, an amount equal to the monetary loss to the Federal and any State government as a result of such acts), or both.''. SEC. 4. REPORTS ON INCIDENCES OF FRAUD AND ABUSE UNDER MEDICARE PARTS C AND D. (a) In General.--Section 1857(d) of the Social Security Act (42 U.S.C. 1395w-27(d)) is amended by adding at the end the following new paragraph: ``(7) Report on incidences of fraud and abuse.-- ``(A) In general.--A contract under this section with an MA organization offering an MA plan shall provide that such MA organization report to the Secretary (or to any person or organization designated by the Secretary for such purpose) any instances of fraud or abuse related to the payment or delivery of health benefits under such contract not later than 60 days after such organization identifies such instance. ``(B) Guidance.--Not later than 90 days after the date of the enactment of this paragraph, the Secretary, in consultation with the Inspector General of the Department of Health and Human Services and the Attorney General, shall issue to MA organizations (and PDP sponsors) guidance for defining the terms `fraud' and `abuse' for purposes of subparagraph (A).''. (b) Conforming Amendment to Part D.--Section 1860D-12(b)(3)(C) of the Social Security Act (42 U.S.C. 1395w-112(b)(3)(C)) is amended by inserting before the period at the end the following: ``, except in applying paragraph (7) of such section any reference to an MA organization, with respect to an MA plan, shall be deemed a reference to a PDP sponsor or MA organization, with respect to a prescription drug plan or MA-PD plan''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to plan years beginning on or after the date of the enactment of this Act.

Fighting Medicare Fraud Act of 2016 This bill amends title XI (General Provisions) of the Social Security Act (SSAct) to expand the authority of the Centers for Medicare & Medicaid Services (CMS) to exclude from participation in federal health programs certain affiliates of a sanctioned entity. (A "sanctioned entity" is one that has been convicted of one of several specified crimes or excluded from participation under either Medicare or a state health care program.) The bill also establishes criminal penalties for the illegal purchase, sale, or distribution of two or more federal health program beneficiary or provider numbers. In addition, the bill amends title XVIII (Medicare) of the SSAct to require Medicare Advantage organizations to report instances of fraud or abuse to CMS within 60 days.

Fighting Medicare Fraud Act of 2016

SECTION 1. EXCLUSION OF INCOME FOR RESIDENTS OF THE HURRICANES KATRINA AND RITA CORE DISASTER AREA. (a) General Rule.--In the case of an individual, there shall be excluded from gross income for each taxable year beginning during calendar year 2005 an amount equal to the qualified earned income of the taxpayer. (b) Limitation Based on Foreign Earned Income Exclusion Rule.-- (1) In general.--The amount which may be excluded under subsection (a) for any taxable year shall not exceed the amount of qualified earned income computed on a daily basis at an annual rate equal to the exclusion amount for the calendar year in which such taxable year begins. (2) Exclusion amount.--For purposes of paragraph (1), the exclusion amount is the amount in effect for calendar year 2005 under section 911(b)(2) of the Internal Revenue Code of 1986. (c) Qualified Earned Income.--For purposes of this section-- (1) In general.--The term ``qualified earned income'' means earned income (as defined by section 911(d)(2) of such Code) of a qualified individual. For purposes of the preceding sentence, rules similar to the rules of section 911(b) of such Code shall apply. (2) Qualified individual.--The term ``qualified individual'' means an individual whose tax home is in the Hurricanes Katrina and Rita core disaster area and-- (A) who is a citizen or resident of the United States and establishes to the satisfaction of the Secretary that he has been a bona fide resident of the Hurricanes Katrina and Rita core disaster area for the uninterrupted period which includes the entire taxable year beginning in 2005, (B) who is a citizen or resident of the United States and who, during calendar year 2005, is present in such core disaster area during at least 330 full days in such year, or (C) whose earned income for the immediately preceding taxable year attributable to sources within the Hurricanes Katrina and Rita core disaster area is greater than 50 percent of such individual's total earned income for such taxable year. (3) Tax home.--The term ``tax home'' means, with respect to any individual, such individual's home for purposes of section 162(a)(2) of such Code (relating to traveling expenses while away from home). An individual shall not be treated as having a tax home in the Hurricanes Katrina and Rita core disaster area for any period for which his abode is within the United States outside of the Hurricanes Katrina and Rita core disaster area. (4) Hurricanes katrina and rita core disaster area.-- (A) In general.--The term ``Hurricanes Katrina and Rita core disaster area'' means that portion of the Hurricane Katrina disaster area and the Hurricane Rita disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina or Hurricane Rita. (B) Hurricane katrina disaster area.--The term ``Hurricane Katrina disaster area'' means an area with respect to which a major disaster has been declared by the President before September 14, 2005, under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina. (C) Hurricane rita disaster area.--The term ``Hurricane Rita disaster area'' means an area with respect to which a major disaster has been declared by the President, before October 6, 2005, under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Rita. (5) Waiver of period of stay.--Notwithstanding paragraph (2), an individual who-- (A) is a bona fide resident of, or is present in, the Hurricanes Katrina and Rita core disaster area for any period, (B) leaves the Hurricanes Katrina and Rita core disaster area by reason of Hurricane Katrina or Hurricane Rita-- (i) during any period during which the Secretary determines that individuals were required to leave such area because of adverse conditions in such area which precluded the normal conduct of business by such individuals, and (ii) before meeting the requirements of paragraph (1), and (iii) establishes to the satisfaction of the Secretary that such individual could reasonably have been expected to have met such requirements but for the conditions referred to in clause (i), shall be treated as a qualified individual with respect to the period described in subparagraph (A) during which he was a bona fide resident of, or was present in, such core disaster area and in applying subsection (b) with respect to such individual, only the days within such period shall be taken into account. (d) Secretary Defined.--For purposes of this section, the term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (e) Amounts Excluded Treated as Section 911 Exclusion for Purposes of Internal Revenue Code of 1986.--For purposes of the Internal Revenue Code of 1986, any amount excluded under this section shall be treated as an amount to excluded under section 911 of such Code. (f) Rule of Interpretation.--This section shall be interpreted and applied using the principles of section 911 of such Code. (g) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. Such regulations shall be similar to the regulations prescribed under section 911(d)(9) of such Code.

Allows individual taxpayers residing in the Hurricanes Katrina and Rita core disaster areas an exclusion from gross income, for federal income tax purposes, for a certain amount of their income earned in 2005 within such disaster areas.

To provide an exclusion from gross income for income earned in 2005 from sources within the Hurricanes Katrina and Rita core disaster area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Decentralize Regulatory Agencies, Include the Nation Act of 2018'' or the ``DRAIN Act''. SEC. 2. RELOCATION OF FEDERAL NONSECURITY AGENCIES TO LOCATIONS OUTSIDE THE NATIONAL CAPITAL REGION. (a) Definitions.--In this section-- (1) the term ``Administrator'' means the Administrator of General Services; (2) the term ``agency''-- (A) means an Executive department (as defined in section 101 of title 5, United States Code) and an independent establishment (as defined in section 104 of title 5, United States Code); and (B) does not include the Government Accountability Office; (3) the term ``Director'' means the Director of the Office of Management and Budget; (4) the term ``local government'' means a city, town, township, county, parish, village, or other general purpose political subdivision of a State; (5) the term ``National Capital region'' has the meaning given that term in section 8702 of title 40, United States Code; (6) the term ``nonsecurity agency'' means an agency that is not a security agency; (7) the term ``security agency'' means an agency that receives the majority of the funding for the agency under an appropriation Act making appropriations-- (A) for the Department of Defense; (B) for the Department of Homeland Security; or (C) for the Department of State, foreign operations, and related programs; and (8) the term ``State'' means each of the several States of the United States. (b) Plan.--The Director and the Administrator shall jointly develop and implement a plan under which the headquarters of each nonsecurity agency that is not exempted under subsection (d) shall be relocated to a location outside the National Capital region by not later than the later of-- (1) October 1, 2029; or (2) if applicable, the date on which the lease in effect on the date of enactment of this Act for the building in which the headquarters of the nonsecurity agency is located expires. (c) Determination of Area for Relocation.-- (1) In general.--The plan under subsection (b) shall require that the location to which the headquarters of a nonsecurity agency shall be relocated be determined by the Director, the Administrator, and the head of the nonsecurity agency on a competitive basis, in accordance with this subsection. (2) Application.--A State or local government desiring that a nonsecurity agency relocate the headquarters of the nonsecurity agency to an area that is under the jurisdiction of the State or local government shall submit an application at such time, in such manner, and accompanied by such information as the Director and the Administrator shall jointly establish. (3) Priority.--The Director, the Administrator, and the head of the nonsecurity agency shall give priority to an application under this subsection proposing the headquarters of a nonsecurity agency be located in an area-- (A) for which the rate of unemployment is higher than the average rate of unemployment in the United States, as determined by the Secretary of Labor; (B) with a nexus between the nonsecurity agency and the geographic area in which the nonsecurity agency regulates; or (C) with existing infrastructure to efficiently support the size and scope of the relocation of the headquarters of the nonsecurity agency. (4) Determination.--The location to which the headquarters of a nonsecurity agency shall be relocated shall be determined by a majority vote of the Director, the Administrator, and the head of the nonsecurity agency. (d) Exemptions.-- (1) In general.--The President may exempt a nonsecurity agency from the requirement to relocate the headquarters of the nonsecurity agency if the President determines that the headquarters of the nonsecurity agency should remain in the current location. (2) Reporting.--If the President exempts a nonsecurity agency under paragraph (1), the President shall submit to Congress a report detailing the basis for the determination of the President that the headquarters of the nonsecurity agency should remain in the current location. (e) Conforming Amendment.--Section 72 of title 4, United States Code, is amended by striking ``All offices'' and inserting ``Except as provided in the DRAIN Act, all offices''. (f) No Additional Funds Authorized.--No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized.

Decentralize Regulatory Agencies, Include the Nation Act of 2018 or the DRAIN Act This bill requires the Office of Management and Budget and the General Services Administration to jointly develop and implement a plan for relocating nonsecurity agencies outside the National Capital region by the later of October 1, 2029, or the expiration date of the lease for the building in which the nonsecurity agency's headquarters is located. The bill exempts security agencies and nonsecurity agencies specifically exempted by the President from the relocation requirement. A security agency is an agency that receives the majority of its funding from appropriations provided for the Department of Defense, the Department of Homeland Security, or for the Department of State, foreign operations, and related programs.

Decentralize Regulatory Agencies, Include the Nation Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Clatsop National Memorial Expansion Act of 1998''. SEC. 2. FINDINGS. The Congress finds the following: (1) The cross-country expedition of Meriwether Lewis and William Clark, known as ``The Corps of Discovery'', was a very important exploratory journey in American history that provided invaluable geographic, scientific, and cultural information. (2) In 1805, the members of the Lewis and Clark Expedition built Fort Clatsop at the mouth of the Columbia River near Astoria, Oregon, where they spent 106 days waiting for the end of winter and preparing for their journey home. (3) As the westernmost point and the second longest stopover of the expedition, and as the site where Lewis and Clark edited their journals and prepared many of their maps, Fort Clatsop is a uniquely special place in the journey of Lewis and Clark. (4) The Fort Clatsop National Memorial was created by Congress in 1958 for the purpose of commemorating the culmination, and the winter encampment, of the Lewis and Clark Expedition following its successful crossing of the North American continent, and is the only National Park Service site solely dedicated to the Lewis and Clark Expedition. (5) The 1995 General Management Plan for the Fort Clatsop National Memorial, prepared with input from the local community, calls for the addition of lands to the memorial to include the trail used by expedition members to travel from the fort to the Pacific Ocean and to include the shore and forest lands surrounding the fort and trail to protect their natural settings. (6) Expansion of the Fort Clatsop National Memorial would require Federal legislation because the size of the memorial is currently limited by statute to 130 acres. (7) Congressional action to allow for the expansion of Fort Clatsop would be both timely and appropriate before the start of the national bicentennial celebration of the Lewis and Clark Expedition planned to take place during the years 2004 through 2006. SEC. 3. ACQUISITION OF LANDS FOR FORT CLATSOP NATIONAL MEMORIAL. The Act entitled ``An Act to provide for the establishment of Fort Clatsop National Memorial in the State of Oregon, and for other purposes'', approved May 29, 1958 (Chapter 158; 72 Stat. 153), is amended-- (1) in section 2 (16 U.S.C. 450mm-1)-- (A) by striking ``: Provided,'' and all that follows through the end of the sentence and inserting a period; (B) by inserting ``(a)'' before ``The Secretary of the Interior''; and (C) by adding at the end the following: ``(b) In addition to the land and improvements designated under subsection (a), the Fort Clatsop National Memorial shall include land and improvements that are acquired by the Secretary of the Interior under section 3(b).''; (2) in section 3 (16 U.S.C. 450mm-2), by inserting ``(a)'' before ``Within the area'', and by adding at the end the following: ``(b)(1) In addition to lands acquired under subsection (a), the Secretary of the Interior may acquire for inclusion in the Fort Clatsop National Memorial any land or improvements located in areas identified on the map entitled `Fort Clatsop Boundary Map' and numbered 405-80016- CCO-June 1996 as appropriate to preserve the historic scene and provide lands for the Lewis and Clark National Historic Trail. ``(2) The Secretary may make acquisitions under this subsection only by purchase from willing sellers using appropriated or donated amounts, by willing donation, or by exchange in accordance with paragraph (3). ``(3)(A) To acquire land or improvements under this subsection by exchange, the Secretary may enter into exchanges of lands or improvements administered by the National Park Service, the Forest Service, or the Bureau of Land Management for lands or improvements in Clatsop County, Oregon, that are of approximately equal value and that are owned by any non-Federal person. ``(B) An exchange under this paragraph shall be made-- ``(i) in the case of an exchange of land or improvements administered or to be administered after the exchange by the Forest Service, in accordance with otherwise applicable provisions of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1000 et seq.), the Act of March 1, 1911 (Chapter 186; 16 U.S.C. 552), popularly known as the Weeks Law, and other provisions of law governing the disposal or acquisition by exchange of National Forest lands; and ``(ii) in the case of an exchange of land or improvements administered or to be administered after the exchange by the Bureau of Land Management, in accordance with otherwise applicable provisions of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).''; and (3) in section 4 (16 U.S.C. 460mm-3), by inserting ``(a)'' before ``Establishment of'', and by adding at the end the following: ``(b) Before issuing any regulations governing the protection, public use, or management of land or improvement acquired under section 3(b), the Secretary shall seek comment from the government of Clatsop County, Oregon, and persons that reside in the vicinity of the land or improvement. The Secretary shall ensure that any management or use of the land or improvement is consistent with the General Management Plan for Fort Clatsop National Memorial, as in effect on the effective date of this subsection, and all laws and policies otherwise applicable to the land or improvement.''.

Fort Clatsop National Memorial Expansion Act of 1998 - Repeals the acreage limitation for the Fort Clatsop National Memorial, Oregon. Authorizes the Secretary of the Interior to: (1) acquire appropriate lands or improvements located in certain areas for inclusion in the Memorial to preserve the historic scene and to provide lands for the Lewis and Clark National Historic Trail; and (2) exchange lands or improvements administered by the National Park Service, the Forest Service, or the Bureau of Land Management for lands or improvements in Clatsop County, Oregon, that are of approximately equal value and that are owned by any non-Federal person. Requires the Secretary: (1) before issuing any regulations governing the protection, public use, or management of such acquired land or improvement, to seek comment from the government of Clatsop County and persons residing in such vicinity of the land or improvement; and (2) to ensure that any management plan or use of the land or improvement is consistent with the General Management Plan for the Memorial and all applicable laws and policies.

Fort Clatsop National Memorial Expansion Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Camera Accountability Maintenance and Transparency in Policing Act of 2015'' or the ``CAM TIP Act of 2015''. SEC. 2. BODY-WORN CAMERA GRANTS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART MM--BODY-WORN CAMERA GRANTS ``SEC. 3031. IN GENERAL. ``From amounts made available to carry out this part, the Director of the Bureau of Justice Assistance may make grants to States, units of local government, and Indian tribes for the acquisition, operation, and maintenance of body-worn cameras for law enforcement officers. In making such grants, the Director shall assess the program proposed by the applicant for the elements described in section 3033. ``SEC. 3032. USES OF FUNDS. ``Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the program described under section 3033. ``SEC. 3033. PROGRAM DESCRIBED. ``The program described in this section is any program implemented by a grantee requiring the use of body-worn cameras by law enforcement officers in that jurisdiction, which-- ``(1) establishes policies and procedures for when law enforcement officers should wear, activate, and deactivate body-worn cameras; ``(2) ensures the protection of the civil liberties of members of general public relating to the use of body-worn cameras by law enforcement officers; ``(3) establishes policies limiting the use of recordings of body-worn cameras to monitor the conduct of law enforcement officers outside of their interactions, in an official capacity, with members of the general public; ``(4) establishes or proposes to develop standards relating to the effective placement, on a law enforcement officer's body, of a body-worn camera; ``(5) describes the best practices for receiving an accurate narrative from the recordings of body-worn cameras; ``(6) establishes policies for the collection and storage of the recordings of body-worn cameras; ``(7) establishes policies relating to the availability of recordings of body-worn cameras-- ``(A) to the general public; ``(B) to victims of crimes; and ``(C) for internal use by the law enforcement agency; and ``(8) has in place guidelines and training courses for law enforcement officers relating to the proper management and use of body-worn cameras. ``SEC. 3034. ALLOCATION OF FUNDS. ``Funds available under this part shall be awarded to each qualifying unit of local government with fewer than 100,000 residents. Any remaining funds available under this part shall be awarded to other qualifying applicants on a pro rata basis. ``SEC. 3035. MATCHING REQUIREMENTS. ``(a) Federal Share.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(b) Non-Federal Share.--The non-Federal share of payments made under this part may be made in cash or in-kind fairly evaluated, including planned equipment or services.''. SEC. 3. STUDY ON THE COST OF THE PURCHASE AND USE OF BODY-WORN CAMERAS BY LAW ENFORCEMENT AGENCIES. (a) Study.--The Attorney General shall conduct a study on the cost to State and local law enforcement agencies of purchasing and using body-worn cameras or other similar cameras, including gun-mounted cameras. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report that contains the results of the study conducted under subsection (a). SEC. 4. ESTABLISHMENT OF TASK FORCE ON COMMUNITY POLICING AND BODY CAMERA ACCOUNTABILITY. There shall be established in the Department of Justice a task force to do the following: (1) The task force shall be created to provide recommendations on community policing, including best practices for creating accountability and transparency. (2) Not later than one year after the date of the enactment of this Act, the task force shall provide a report to the Congress, which shall include the recommendations under paragraph (1). (3) Membership shall include representatives of civil rights organizations, Federal, State, and local law enforcement personnel, and community policing experts. (4) The task force shall develop proper body-worn camera training protocol. (5) The task force shall study the impact that citizen review boards could have on investigating cases of alleged police misconduct. (6) Not later than 1 year after implementation of the body camera requirement policy under section 3033 of title I of the Omnibus Crime Control Act of 1968, the task force shall conduct a survey to determine best practices and effectiveness of the policy with findings to be reported back to the Congress. SEC. 5. GAO REPORT ON PENTAGON'S 1033 PROGRAM. Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the Department of Defense Excess Personal Property Program established pursuant to section 1033 the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201), that includes information on-- (1) which jurisdictions equipment is sent to; (2) the value of equipment sent to each jurisdiction; (3) the level of training provided to officers; and (4) how the equipment is used in the jurisdiction.

Camera Accountability Maintenance and Transparency in Policing Act of 2015 or the CAM TIP Act of 2015 Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Bureau of Justice Assistance to make matching grants to states, local governments, and Indian tribes for the acquisition, operation, and maintenance of body-worn cameras for law enforcement officers. Requires a grantee's body camera program to: establish policies and procedures for when law enforcement officers should wear, activate, and deactivate such cameras; ensure the protection of civil liberties of members of the general public; limit the use of recordings of such cameras to monitor the conduct of law enforcement officers outside of their official interactions with the public; develop standards regarding the effective body placement of such cameras; describe best practices for receiving an accurate narrative from recordings; establish procedures for collecting and storing recordings; establish policies governing the availability of such recordings to the general public, to victims of crimes, and for internal use by law enforcement; and have guidelines and training for law enforcement officers on the proper management and use of such cameras. Requires grants to be awarded first to qualifying local governments with fewer than 100,000 residents, with any remaining funds awarded to other applicants on a pro rata basis. Directs the Attorney General to study the cost to state and local law enforcement agencies of purchasing and using body-worn or similar cameras. Establishes in the Department of Justice a task force to: (1) provide recommendations on community policing, (2) study the impact that citizen review boards could have on investigating cases of alleged police misconduct, and (3) conduct a survey to determine best practices and the effectiveness of the body camera requirement policy. Directs the Government Accountability Office to report on the Department of Defense Excess Personal Property Program.

CAM TIP Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Impunity for Iranian Aggression at Sea Act of 2016''. SEC. 2. IMPOSITION OF SANCTIONS ON INDIVIDUALS WHO WERE COMPLICIT IN VIOLATIONS OF THE GENEVA CONVENTION OR THE RIGHT UNDER INTERNATIONAL LAW TO CONDUCT INNOCENT PASSAGE. (a) Report Required.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes-- (A) a determination with respect to whether, during or after the incident that began on January 12, 2016, in which forces of Iran boarded two United States Navy riverine combat vessels and detained at gunpoint the crews of those vessels, any of the actions of the forces of Iran constituted a violation of-- (i) the Geneva Convention; or (ii) the right under international law to conduct innocent passage; and (B) a certification with respect to whether or not Federal funds, including the $1,700,000,000 payment that was announced by the Secretary of State on January 17, 2016, were paid to Iran, directly or indirectly, to effect the release of-- (i) the members of the United States Navy who were detained in the incident described in subparagraph (A); or (ii) other United States citizens, including Jason Rezaian, Amir Hekmati, Saeed Abedini, Nosratollah Khosravi-Roodsari, and Matthew Trevithick, the release of whom was announced on January 16, 2016. (2) Actions to be assessed.--In assessing actions of the forces of Iran under paragraph (1)(A), the President shall consider, at a minimum, the following actions: (A) The stopping, boarding, search, and seizure of the two United States Navy riverine combat vessels in the incident described in paragraph (1)(A). (B) The removal from their vessels and detention of members of the United States Armed Forces in that incident. (C) The theft or confiscation of electronic navigational equipment or any other equipment from the vessels. (D) The forcing of one or more members of the United States Armed Forces to apologize for their actions. (E) The display, videotaping, or photographing of members of the United States Armed Forces and the subsequent broadcasting or other use of those photographs or videos. (F) The forcing of female members of the United States Armed Forces to wear head coverings. (3) Description of actions.--In the case of each action that the President determines under paragraph (1)(A) is a violation of the Geneva Convention or the right under international law to conduct innocent passage, the President shall include in the report required by that paragraph a description of the action and an explanation of how the action violated the Geneva Convention or the right to conduct innocent passage, as the case may be. (4) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (b) List of Certain Persons Who Have Been Complicit in Violations of the Geneva Convention or the Right To Conduct Innocent Passage.-- (1) In general.--Not later than 30 days after the submission of the report required by subsection (a), if the President has determined that one or more actions of the forces of Iran constituted a violation of the Geneva Convention or the right under international law to conduct innocent passage, the President shall submit to the appropriate congressional committees a list of persons who are officials of the Government of Iran or were acting on behalf of that Government that, based on credible evidence, are responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, any such violation. (2) Updates of list.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1) as new information becomes available. (3) Public availability.--To the maximum extent practicable, the list required by paragraph (1) shall be made available to the public and posted on publicly accessible Internet websites of the Department of Defense and the Department of State. (c) Imposition of Sanctions.-- (1) In general.--The President shall impose the sanctions described in paragraph (2) with respect to each person on the list required by subsection (b). (2) Sanctions.-- (A) Prohibition on entry and admission to the united states.--An alien on the list required by subsection (b) may not-- (i) be admitted to, enter, or transit through the United States; (ii) receive any lawful immigration status in the United States under the immigration laws; or (iii) file any application or petition to obtain such admission, entry, or status. (B) Blocking of property.-- (i) In general.--The President shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of a person on the list required by subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (ii) Exception relating to importation of goods.-- (I) In general.--The authority to block and prohibit all transactions in all property and interests in property under clause (i) shall not include the authority to impose sanctions on the importation of goods. (II) Good.--In this subparagraph, the term ``good'' has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). (iii) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of clause (i) or any regulation, license, or order issued to carry out clause (i) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) Definitions.--In this section: (1) Admitted; alien; immigration laws.--The terms ``admitted'', ``alien'', and ``immigration laws'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (3) Forces of iran.--The term ``forces of Iran'' means the Islamic Revolutionary Guard Corps, members of other military or paramilitary units of the Government of Iran, and other agents of that Government. (4) Geneva convention.--The term ``Geneva Convention'' means the Convention relative to the Treatment of Prisoners of War, done at Geneva on August 12, 1949 (6 UST 3316) (commonly referred to as the ``Geneva Convention (III))''. (5) Innocent passage.--The term ``innocent passage'' means the principle under customary international law that all vessels have the right to conduct innocent passage through another country's territorial waters for the purpose of continuous and expeditious traversing. (6) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

No Impunity for Iranian Aggression at Sea Act of 2016 This bill requires the President to submit a report that includes: a determination of whether, during the June 2016 incident when Iranian forces boarded two U.S. Navy combat vessels and detained the crews at gunpoint, any of the Iranian actions violated the Geneva Convention or the international right to conduct innocent passage; and a certification of whether or not federal funds were paid to Iran to effect the release of the detained crew members or other U.S. citizens. The bill prescribes specified Iranian actions that the President shall consider, including: (1) the stopping, boarding, search, and seizure of the U.S. Navy vessels and the removal and detention of the crews; and (2) the display, videotaping, or photographing of U.S. service members and the subsequent use of those photographs or videos. The President shall: (1) upon a determination that such a violation occurred, submit and make public a list of Iranian government officials or persons acting on behalf of the Iranian government who are responsible for or complicit in any such violation; and (2) prohibit U.S. entry or admission and block property transactions of listed persons.

No Impunity for Iranian Aggression at Sea Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Opportunity Investment Trust Act''. SEC. 2. ESTABLISHMENT OF TRUST. (a) In General.--There is established a trust to be known as the ``Digital Opportunity Investment Trust'' (referred to in this Act as the ``Trust''). (b) Funds.-- (1) In general.--The Trust shall consist of such amounts as are transferred to the Trust under paragraph (2) and any interest earned on the investment of amounts in the Trust under section 4. (2) Transfer of funds.--The Secretary of the Treasury shall transfer each fiscal year quarter, through fiscal year 2020, from the general fund of the Treasury to the Trust, an amount equal to 30 percent of the cash payment received by the Federal Government during the preceding fiscal year quarter from-- (A) auctions of the publicly owned electromagnetic spectrum; and (B) fees derived from the usage of the publicly owned electromagnetic spectrum, excluding the fees imposed by the Federal Communications Commission to defray the costs of the Commission's operations associated with the electromagnetic spectrum. (c) Administration of the Trust.-- (1) Board.-- (A) Establishment.--A board (referred to in this Act as the ``Board'') shall be established to oversee the administration of Trust funds, consisting of 9 members appointed by the President, by and with the advice and consent of the Senate, who-- (i) reflect representation from the public and private sectors; (ii) are not regular full-time employees of the Federal Government; (iii) are eminent in such fields as education, telecommunications, information technology, labor and workforce development, cultural and civic affairs, or the arts and humanities; and (iv) will provide, as nearly as practicable, a broad representation of various regions of the United States, various professions and occupations, and various kinds of talent and experience appropriate to the functions and responsibilities of the Trust. (B) Recommendations.--The Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall submit to the President recommendations of individuals to serve as members of the Board. (C) Terms of appointment.-- (i) Date.--Members of the Board shall be appointed not later than 90 days after the date of enactment of this Act. (ii) Terms.-- (I) In general.--Each member of the Board shall be appointed for 6 years (except as provided in subclause (II)), with terms set to expire in non-Federal election years. (II) Staggered terms.--From the first Board-- (aa) 3 members shall serve for a term of 6 years; (bb) 3 members shall serve for a term of 4 years; and (cc) 3 members shall serve for a term of 2 years. (iii) Vacancies.--A vacancy on the Board shall not affect the Board's powers, and shall be filled in the same manner as the original member was appointed. (D) Chair and vice-chair.-- (i) Selection.--The Board shall select, from among the members of the Board, an individual to serve for a 2-year term as Chair of the Board and an individual to serve for a 2-year term as vice-Chair of the Board. (ii) Consecutive terms.--An individual may not serve for more than 2 consecutive terms as Chair of the Board. (E) Meetings.-- (i) First meeting.--Not later than 30 days after the date on which all of the members of the Board have been confirmed, the Chair of the Board shall call the first meeting of the Board. (ii) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (F) Board personnel matters.-- (i) Compensation.--Members of the Board shall receive no additional pay, allowances, or benefits by reason of the members' service on the Board. (ii) Travel expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. (2) Director.--A majority of the members of the Board shall select a Director of the Trust who shall serve at the discretion of the Board and shall be responsible for hiring all personnel of the Trust and instituting procedures to carry out the policies and priorities established by the Board. (d) Trust Fund Uses.-- (1) Uses of funds.--In order to achieve the objectives of this Act, the Director of the Trust, after consultation with the Board, may use Trust funds-- (A) to help underwrite the digitization of the collections in the Nation's universities, museums, libraries, and cultural institutions; (B) to enable schools, community colleges, universities, libraries, museums, civic organizations, cultural, arts, and humanities centers, and nonprofit agencies or organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 that are exempt from tax under section 501(a) of such Code to take advantage of innovative telecommunications and information technologies; (C) to support basic and applied research, development, and demonstrations of innovative-based learning systems, including assessment tools and other system components; (D) to develop applications of research, including the creation of prototypes, models, and pilot projects, as well as the initial production of content and software for digital and information technologies for use in educational curricula and other educational purposes, including job training, skills training, public safety, civic information, and lifelong learning; (E) to develop innovative technologies for training and dissemination of public information for safety and homeland security; (F) to develop new tools and means of dissemination for innovative advances in job training and retraining; and (G) to conduct assessments of legal, regulatory, and other issues that must be resolved to ensure rapid development and use of advanced learning technologies and legislative or other remedies that may remove barriers or create incentives that can help make use of the innovations developed pursuant to this Act. (2) Contracts and grants.-- (A) In general.--In order to carry out the activities described in paragraph (1), the Director of the Trust, with the agreement of a majority of the members of the Board, may award contracts and grants to nonprofit public institutions (with or without private partners) and competent for-profit organizations and individuals. (B) Public domain.-- (i) In general.--The research and development properties and materials associated with a project in which a majority of the funding used to carry out the project is from a grant or contract under this Act shall be freely and nonexclusively available to the general public. (ii) Exemption.--The Director of the Trust may exempt specific projects from the requirement of clause (i) if the Director of the Trust and a majority of the members of the Board determine that the general public will benefit significantly in the long run due to the project not being freely and nonexclusively available to the general public. (C) Evaluation of proposals.--To the extent practicable, proposals for such contracts or grants shall be evaluated on the basis of comparative merit by panels of experts who represent diverse interests and perspectives, and who are appointed by the Director of the Trust. (3) Cooperation.--The Director of the Trust, after consultation with the Board, may cooperate with business, industry, philanthropy, and local and national public service institutions, including enhancing the work of such public service institutions by seeking new ways to put telecommunications and information technologies to work in their areas of interest. SEC. 3. ACCOUNTABILITY AND REPORTING. (a) Report.-- (1) In general.--Not later than April 30 of each year, the Director of the Trust shall prepare a report for the preceding fiscal year, ending September 30, and shall submit such report to the Assistant Secretary of the National Telecommunications and Information Administration. (2) Contents.--The report shall include-- (A) a comprehensive and detailed report of the Trust's operations, activities, financial condition, and accomplishments, and such recommendations as the Director of the Trust determines appropriate; and (B) a comprehensive and detailed inventory of funds distributed from the Trust during the preceding fiscal year. (3) Submission to the president and congress.--The Assistant Secretary of the National Telecommunications and Information Administration shall submit the report received pursuant to paragraph (1) to the President and the appropriate committees of Congress. (b) Testimony.--The Chair of the Board, other members of the Board, and the Director and principal officers of the Trust shall testify before appropriate committees of Congress, upon request of such committees, with respect to-- (1) the report prepared under subsection (a)(1); and (2) any other matter that such committees may determine appropriate. SEC. 4. INVESTMENT OF TRUST FUNDS. (a) In General.--The Director of the Trust, after consultation with the Board and the Director of the Office of Management and Budget, shall invest the funds of the Trust in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (b) Expenditures.-- (1) In general.--The Director of the Trust shall not undertake grant or contract activities under this Act until the Trust has received the interest or other proceeds from the investment of the Trust funds for not less than 1 year's duration. Thereafter, upon approval of the annual budget of the Trust, the Director of the Trust may commence such grant or contract activities at the start of each fiscal year. (2) Obligation of funds.-- (A) In general.--Except as provided in subparagraph (B), in awarding grants or contracts or making other expenditures, the Director of the Trust shall not obligate funds from the Trust that exceed the proceeds received from the investment of the funds in the Trust during the preceding fiscal year. (B) Carry over.--Funds from the Trust that are available for obligation for a fiscal year that are not obligated for such fiscal year shall remain available for obligation for the succeeding fiscal year.

Digital Opportunity Investment Trust Act - Establishes the Digital Opportunity Investment Trust (the Trust), which shall receive 30 percent of the cash payment received by the Federal Government each fiscal year quarter through FY 2020 from auctions of the publicly owned electromagnetic spectrum and fees derived from the use of such spectrum. Establishes a Board to oversee administration of Trust funds. Establishes a Director of the Trust. Provides authorized Trust uses. Allows the Director of the Trust to award contracts and grants to nonprofit public institutions (with or without private partners) for innovative and experimental ideas and techniques to enhance learning and achieve specified related goals.Directs the Director to invest funds of the Trust in U.S. interest bearing or U.S.-guaranteed obligations.

A bill entitled the "Digital Opportunity Investment Trust Act".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fulfilling the Potential of Women in Academic Science and Engineering Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many reports over the past decade have found that it is critical to our Nation's economic leadership and global competitiveness that we educate and train more scientists and engineers. (2) In its 2007 report entitled ``Beyond Bias and Barriers'', the National Academies stated that, in order to maintain its scientific and engineering leadership amid increasing economic and educational globalization, the United States must aggressively pursue the innovative capacity of all of its people--women and men. (3) Research shows that the number of women who are interested in science, technology, engineering, and mathematics (STEM) careers is reduced at every educational transition, from high school on through full professorships. (4) According to data compiled by National Science Foundation in 2006, women now earn about half of all science and engineering bachelor's degrees, but major variations persist among fields. For example, women still receive only 20 percent of all bachelor's degrees awarded in engineering and physics. (5) Even in science and engineering fields with a higher representation of women, such as the social and behavioral sciences, women remain underrepresented among university faculty. According to data compiled by the National Science Foundation, for over 30 years women have made up over 30 percent of the doctorates in social sciences and behavioral sciences and over 20 percent in the life sciences. Yet, at the top research institutions, only 15.4 percent of the full professors in the social and behavioral sciences and 14.8 percent in the life sciences are women. (6) Across fields, women remain a small portion of the science and engineering faculty members at major research universities, and they typically receive fewer institutional resources for their research activities than their male colleagues. (7) Studies have not found any significant biological differences between men and women in performing science and mathematics that can account for the lower representation of women in academic faculty and scientific leadership positions in these fields. (8) A substantial body of evidence establishes that most people hold implicit biases. Decades of cognitive psychology research reveals that most people carry prejudices of which they are unaware but that nonetheless play a large role in evaluations of people and their work. Unintentional biases and outmoded institutional structures are hindering the access for women to, and advancement of women in, science and engineering. (9) Workshops held to educate faculty about unintentional biases have demonstrated success in raising awareness of such biases. (10) The Federal Government provides over 60 percent of research funding at institutions of higher education, and through its grant making policies has had significant influence on institution of higher education policies, including policies related to institutional culture and structure. SEC. 3. FULFILLING THE POTENTIAL OF WOMEN IN ACADEMIC SCIENCE AND ENGINEERING. (a) Definitions.--In this section-- (1) the term ``Federal science agency'' means any Federal agency that is responsible for at least 2 percent of total Federal research and development funding to institutions of higher education, according to the most recent data available from the National Science Foundation; (2) the term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); (3) the term ``STEM'' means science, technology, engineering, and mathematics; and (4) the term ``United States'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (b) Workshops To Enhance Gender Equity in Academic Science and Engineering.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall develop a uniform policy for all Federal science agencies to carry out a program of workshops that educate program officers, members of grant review panels, institution of higher education STEM department chairs, and other federally funded researchers about methods that minimize the effects of gender bias in evaluation of Federal research grants and in the related academic advancement of actual and potential recipients of these grants, including hiring, tenure, promotion, and selection for any honor based in part on the recipient's research record. (2) Interagency coordination.--The Director of the Office of Science and Technology Policy shall ensure that programs of workshops across the Federal science agencies are coordinated and supported jointly as appropriate. As part of this process, the Director of the Office of Science and Technology Policy shall ensure that at least 1 workshop is supported every 2 years among the Federal science agencies in each of the major science and engineering disciplines supported by those agencies. (3) Organizations eligible to carry out workshops.--Federal science agencies may carry out the program of workshops under this subsection by making grants to eligible organizations. In addition to any other organizations made eligible by the Federal science agencies, the following organizations are eligible for grants under this subsection: (A) Nonprofit scientific and professional societies and organizations that represent one or more STEM disciplines. (B) Nonprofit organizations that have the primary mission of advancing the participation of women in STEM. (4) Characteristics of workshops.--The workshops shall have the following characteristics: (A) Invitees to workshops shall include at least-- (i) the chairs of departments in the relevant discipline from at least the top 50 institutions of higher education, as determined by the amount of Federal research and development funds obligated to each institution of higher education in the prior year based on data available from the National Science Foundation; (ii) members of any standing research grant review panel appointed by the Federal science agencies in the relevant discipline; (iii) in the case of science and engineering disciplines supported by the Department of Energy, the individuals from each of the Department of Energy National Laboratories with personnel management responsibilities comparable to those of an institution of higher education department chair; and (iv) Federal science agency program officers in the relevant discipline, other than program officers that participate in comparable workshops organized and run specifically for that agency's program officers. (B) Activities at the workshops shall include research presentations and interactive discussions or other activities that increase the awareness of the existence of gender bias in the grant-making process and the development of the academic record necessary to qualify as a grant recipient, including recruitment, hiring, tenure review, promotion, and other forms of formal recognition of individual achievement, and provide strategies to overcome such bias. (C) Research presentations and other workshop programs, as appropriate, shall include a discussion of the unique challenges faced by women who are members of historically underrepresented groups. (D) Workshop programs shall include information on best practices and the value of mentoring undergraduate and graduate women students as well as outreach to girls earlier in their STEM education. (5) Report.-- (A) In general.--Not later than 5 years after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report evaluating the effectiveness of the program carried out under this subsection to reduce gender bias towards women engaged in research funded by the Federal Government. The Director of the Office of Science and Technology Policy shall include in this report any recommendations for improving the evaluation process described in subparagraph (B). (B) Minimum criteria for evaluation.--In determining the effectiveness of the program, the Director of the Office of Science and Technology Policy shall consider, at a minimum-- (i) the rates of participation by invitees in the workshops authorized under this subsection; (ii) the results of attitudinal surveys conducted on workshop participants before and after the workshops; (iii) any relevant institutional policy or practice changes reported by participants; and (iv) for individuals described in paragraph (4)(A) (i) or (iii) who participated in at least 1 workshop 3 or more years prior to the due date for the report, trends in the data for the department represented by the chair or employee including faculty data related to gender as described in section 4. (C) Institutional attendance at workshops.--As part of the report under subparagraph (A), the Director of the Office of Science and Technology Policy shall include a list of institutions of higher education science and engineering departments whose representatives attended the workshops required under this subsection. (6) Minimizing costs.--To the extent practicable, workshops shall be held in conjunction with national or regional disciplinary meetings to minimize costs associated with participant travel. (c) Extended Research Grant Support and Interim Technical Support for Caregivers.-- (1) Policies for caregivers.--Not later than 6 months after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall develop a uniform policy to-- (A) extend the period of grant support for federally funded researchers who have caregiving responsibilities; and (B) provide funding for interim technical staff support for federally funded researchers who take a leave of absence for caregiving responsibilities. (2) Report.--Upon developing the policy required under paragraph (1), the Director of the Office of Science and Technology Policy shall transmit a copy of the policy to the Committee on Science, Space, and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate. (d) Collection of Data on Federal Research Grants.-- (1) In general.--Each Federal science agency shall collect standardized annual composite information on demographics, field, award type and budget request, review score, and funding outcome for all applications for research and development grants to institutions of higher education supported by that agency. (2) Reporting of data.-- (A) The Director of the Office of Science and Technology Policy shall establish a policy to ensure uniformity and standardization of data collection required under paragraph (1). (B) Not later than 2 years after the date of enactment of this Act, and annually thereafter, each Federal science agency shall submit data collected under paragraph (1) to the National Science Foundation. (C) The National Science Foundation shall be responsible for storing and publishing all of the grant data submitted under subparagraph (B), disaggregated and cross-tabulated by race, ethnicity, and gender, in conjunction with the biennial report required under section 37 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d). (e) Publication of List of Institutional Participation in Workshops To Enhance Gender Equity in Academic Science and Engineering.--The Director of the Office of Science and Technology Policy, on the basis of data reported by the Federal science agencies, shall publish annually a list of institutions of higher education science and engineering departments represented by individuals who attend the workshops described in this section. The list shall be publicly available through the Web site of the Office of Science and Technology Policy. Any institution of higher education science and engineering department that is publicized on the list may publicize its receipt of such recognition on its Web site, in printed materials, or through other means. SEC. 4. COLLECTION OF DATA ON DEMOGRAPHICS OF FACULTY. (a) Collection of Data.--The Director of the National Science Foundation shall report, in conjunction with the biennial report required under section 37 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d), statistical summary data on the demographics of STEM discipline faculty at institutions of higher education in the United States, disaggregated and cross-tabulated by race, ethnicity, and gender. At a minimum, the Director shall consider-- (1) the number and percent of faculty by gender, race, and age; (2) the number and percent of faculty at each rank, by gender, race, and age; (3) the number and percent of faculty who are in nontenure- track positions, including teaching and research, by gender, race, and age; (4) the number of faculty who are reviewed for promotion, including tenure, and the percentage of that number who are promoted, by gender, race, and age; (5) faculty years in rank by gender, race, and age; (6) faculty attrition by gender, race, and age; (7) the number and percent of faculty hired by rank, gender, race, and age; and (8) the number and percent of faculty in leadership positions, including endowed or named chairs, serving on promotion and tenure committees, by gender, race, and age. (b) Recommendations.--The Director of the National Science Foundation shall solicit input and recommendations from relevant stakeholders, including representatives from institutions of higher education and nonprofit organizations, on the collection of data required under subsection (a), including the development of standard definitions on the terms and categories to be used in the collection of such data. (c) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress on how the National Science Foundation will gather the demographic data on STEM faculty, including-- (1) a description of the data to be reported and the sources of those data; (2) justification for the exclusion of any data described in paragraph (1); and (3) a list of the definitions for the terms and categories, such as ``faculty'' and ``leadership positions'', to be applied in the reporting of all data described in paragraph (1).

Fulfilling the Potential of Women in Academic Science and Engineering Act of 2011 - Defines a "federal science agency" as any federal agency responsible for at least 2% of total federal research and development funding to institutions of higher education (IHEs), according to National Science Foundation (NSF) data. Requires the Director of the Office of Science and Technology Policy (OSTP) to develop a policy for federal science agencies to carry out a program of workshops that educate specified federally funded researchers about methods that minimize the effects of gender bias in the evaluation of federal research grants and in the related academic advancement of the recipients of these grants. Authorizes federal science agencies to make grants to eligible organizations to carry out workshops. Requires OSTP to support at least one workshop every two years among the federal science agencies in the major science and engineering disciplines. Requires the Director to develop a policy to extend research grant support and provide interim technical support for federally funded researchers who are caregivers. Requires federal science agencies to collect specified standardized annual data for all applications for research and development grants to IHEs and to submit the data collected to the NSF. Requires NSF to report statistical summary data on the demographics of STEM (science, technology, engineering, and mathematics) faculty at IHEs in the United States and report to Congress on how NSF will gather such data.

To provide for fulfilling the potential of women in academic science and engineering, and for other purposes.

PROCEDURES. (a) In General.--Section 7123 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(c) Availability of Dispute Resolutions.-- ``(1) In general.--The procedures prescribed under subsection (b)(1) and the pilot program established under subsection (b)(2) shall provide that a taxpayer may request mediation or arbitration in any case unless the Secretary has specifically excluded the type of issue involved in such case or the class of cases to which such case belongs as not appropriate for resolution under such subsection. The Secretary shall make any determination that excludes a type of issue or a class of cases public within 5 working days and provide an explanation for each determination. ``(2) Independent mediators.-- ``(A) In general.--The procedures prescribed under subsection (b)(1) shall provide the taxpayer an opportunity to elect to have the mediation conducted by an independent, neutral individual not employed by the Internal Revenue Service Office of Appeals. ``(B) Cost and selection.-- ``(i) In general.--Any taxpayer making an election under subparagraph (A) shall be required-- ``(I) to share the costs of such independent mediator equally with the Internal Revenue Service Office of Appeals, and ``(II) to limit the selection of the mediator to a roster of recognized national or local neutral mediators. ``(ii) Exception.--Clause (i)(I) shall not apply to any taxpayer who is an individual or who was a small business in the preceding calendar year if such taxpayer had an adjusted gross income that did not exceed 250 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget, in the taxable year preceding the request. ``(iii) Small business.--For purposes of clause (ii), the term `small business' has the meaning given such term under section 41(b)(3)(D)(iii). ``(3) Availability of process.--The procedures prescribed under subsection (b)(1) and the pilot program established under subsection (b)(2) shall provide the opportunity to elect mediation or arbitration at the time when the case is first filed with the Office of Appeals and at any time before deliberations in the appeal commence.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 9. EXTENSION OF TIME FOR CONTESTING IRS LEVY. (a) Extension of Time for Return of Property Subject to Levy.-- Subsection (b) of section 6343 of the Internal Revenue Code of 1986 is amended by striking ``9 months'' and inserting ``3 years''. (b) Period of Limitation on Suits.--Subsection (c) of section 6532 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1) by striking ``9 months'' and inserting ``3 years'', and (2) in paragraph (2) by striking ``9-month'' and inserting ``3-year''. (c) Effective Date.--The amendments made by this section shall apply to-- (1) levies made after the date of the enactment of this Act, and (2) levies made on or before such date if the 9-month period under section 6343(b) of the Internal Revenue Code of 1986 (without regard to this section) has not expired as of such date. SEC. 10. WAIVER OF INSTALLMENT AGREEMENT FEE. (a) In General.--Section 6159 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Waiver of Installment Agreement Fee.--The Secretary shall waive the fees imposed on installment agreements under this section for any taxpayer with an adjusted gross income that does not exceed 250 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget, and who has agreed to make payments under the installment agreement by electronic payment through a debit instrument.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 11. SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION OF SPOUSAL RELIEF AND COLLECTION CASES. (a) Petitions for Spousal Relief.-- (1) In general.--Subsection (e) of section 6015 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Suspension of running of period for filing petition in title 11 cases.--In the case of a person who is prohibited by reason of a case under title 11, United States Code, from filing a petition under paragraph (1)(A) with respect to a final determination of relief under this section, the running of the period prescribed by such paragraph for filing such a petition with respect to such final determination shall be suspended for the period during which the person is so prohibited from filing such a petition, and for 60 days thereafter.''. (2) Effective date.--The amendment made by this subsection shall apply to petitions filed under section 6015(e) of the Internal Revenue Code of 1986 after the date of the enactment of this Act. (b) Collection Proceedings.-- (1) In general.--Subsection (d) of section 6330 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``appeal such determination to the Tax Court'' in paragraph (1) and inserting ``petition the Tax Court for review of such determination'', (B) by striking ``Judicial review of determination'' in the heading of paragraph (1) and inserting ``Petition for review by tax court'', (C) by redesignating paragraph (2) as paragraph (3), and (D) by inserting after paragraph (1) the following new paragraph: ``(2) Suspension of running of period for filing petition in title 11 cases.--In the case of a person who is prohibited by reason of a case under title 11, United States Code, from filing a petition under paragraph (1) with respect to a determination under this section, the running of the period prescribed by such subsection for filing such a petition with respect to such determination shall be suspended for the period during which the person is so prohibited from filing such a petition, and for 30 days thereafter.''. (2) Conforming amendment.--Subsection (c) of section 6320 of such Code is amended by striking ``(2)(B)'' and inserting ``(3)(B)''. (3) Effective date.--The amendments made by this subsection shall apply to petitions filed under section 6330 of the Internal Revenue Code of 1986 after the date of the enactment of this Act. SEC. 12. VENUE FOR APPEAL OF SPOUSAL RELIEF AND COLLECTION CASES. (a) In General.--Paragraph (1) of section 7482(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or'' at the end of subparagraph (E), (2) by striking the period at the end of subparagraph (F)(ii) and inserting a comma, and (3) by inserting after subparagraph (F) the following new subparagraphs: ``(G) in the case of a petition under section 6015(e), the legal residence of the petitioner, or ``(H) in the case of a petition under section 6320 or 6330-- ``(i) the legal residence of the petitioner if the petitioner is an individual, and ``(ii) the principal place of business or principal office or agency if the petitioner is an entity other than an individual.''. (b) Effective Date.--The amendments made by this section shall apply to petitions filed after the date of enactment of this Act. SEC. 13. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED DISCLOSURES OF INFORMATION. (a) In General.--Paragraphs (1), (2), (3), and (4) of section 7213(a) of the Internal Revenue Code of 1986 are each amended by striking ``$5,000'' and inserting ``$10,000''. (b) Effective Date.--The amendments made by this section shall apply to disclosures made after the date of the enactment of this Act. SEC. 14. DE NOVO TAX COURT REVIEW OF CLAIMS FOR EQUITABLE INNOCENT SPOUSE RELIEF. (a) In General.--Subparagraph (A) of section 6015(e)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: ``Any review of a determination by the Secretary with respect to a claim for equitable relief under subsection (f) shall be reviewed de novo by the Tax Court.''. (b) Effective Date.--The amendment made by this section shall apply to petitions filed or pending before the Tax Court on and after the date of the enactment of this Act. SEC. 15. BAN ON RAISING NEW ISSUES ON APPEAL. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7529. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES IN AN INTERNAL APPEAL. ``(a) In General.--In reviewing an appeal of any determination initially made by the Internal Revenue Service, the Internal Revenue Service Office of Appeals may not consider or decide any issue that is not within the scope of the initial determination. ``(b) Certain Issues Deemed Outside of Scope of Determination.--For purposes of subsection (a), the following matters shall be considered to be not within the scope of a determination: ``(1) Any issue that was not raised in a notice of deficiency or an examiner's report which is the subject of the appeal. ``(2) Any deficiency in tax which was not included in the initial determination. ``(3) Any theory or justification for a tax deficiency which was not considered in the initial determination. ``(c) No Inference With Respect to Issues Raised by Taxpayers.-- Nothing in this section shall be construed to provide any limitation in addition to any limitations in effect on the date of the enactment of this section on the right of a taxpayer to raise an issue, theory, or justification on an appeal from a determination initially made by the Internal Revenue Service that was not within the scope of the initial determination.''. (b) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Prohibition on Internal Revenue Service raising new issues in an internal appeal.''. (c) Effective Date.--The amendments made by this section shall apply to matters filed or pending with the Internal Revenue Service Office of Appeals on or after the date of the enactment of this Act. SEC. 16. LIMITATION ON ENFORCEMENT OF LIENS AGAINST PRINCIPAL RESIDENCES. (a) In General.--Section 7403(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``In any case'' and inserting the following: ``(1) In general.--In any case'', and (2) by adding at the end the following new paragraph: ``(2) Limitation with respect to principal residence.-- ``(A) In general.--Paragraph (1) shall not apply to any property used as the principal residence of the taxpayer (within the meaning of section 121) unless the Secretary of the Treasury makes a written determination that-- ``(i) all other property of the taxpayer, if sold, is insufficient to pay the tax or discharge the liability, and ``(ii) such action will not create an economic hardship for the taxpayer. ``(B) Delegation.--For purposes of this paragraph, the Secretary of the Treasury may not delegate any responsibilities under subparagraph (A) to any person other than-- ``(i) the Commissioner of Internal Revenue, or ``(ii) a district director or assistant district director of the Internal Revenue Service.''. (b) Effective Date.--The amendments made by this section shall apply to actions filed after the date of the enactment of this Act. SEC. 17. ADDITIONAL PROVISIONS RELATING TO MANDATORY TERMINATION FOR MISCONDUCT. (a) Termination of Unemployment for Inappropriate Review of Tax- Exempt Status.--Section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ``; and'', and by adding at the end the following new paragraph: ``(11) in the case of any review of an application for tax- exempt status by an organization described in section 501(c) of the Internal Revenue Code of 1986, developing or using any methodology that applies disproportionate scrutiny to any applicant based on the ideology expressed in the name or purpose of the organization.''. (b) Mandatory Unpaid Administrative Leave for Misconduct.-- Paragraph (1) of Section 1203(c) of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended by adding at the end the following new sentence: ``Notwithstanding the preceding sentence, if the Commissioner of Internal Revenue takes a personnel action other than termination for an act or omission described in subsection (b), the Commissioner shall place the employee on unpaid administrative leave for a period of not less than 30 days.''. (c) Limitation on Alternative Punishment.--Paragraph (1) of section 1203(c) of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended by striking ``The Commissioner'' and inserting ``Except in the case of an act or omission described in subsection (b)(3)(A), the Commissioner''. SEC. 18. EXTENSION OF DECLARATORY JUDGMENT PROCEDURES TO SOCIAL WELFARE ORGANIZATIONS. (a) In General.--Section 7428(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C) and by adding at the end the following new subparagraph: ``(E) with respect to the initial classification or continuing classification of an organization described in section 501(c)(4) which is exempt from tax under section 501(a), or''. (b) Effective Date.--The amendments made by this section shall apply with respect to pleading filed after the date of the enactment of this Act. SEC. 19. REVIEW BY THE TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (a) Review.--Subsection (k)(1) of section 8D of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); (3) by inserting after subparagraph (C) the following new subparagraph: ``(D) shall-- ``(i) review any criteria employed by the Internal Revenue Service to select tax returns (including applications for recognition of tax- exempt status) for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review in order to determine whether the criteria discriminates against taxpayers on the basis of race, religion, or political ideology; and ``(ii) consult with the Internal Revenue Service on recommended amendments to such criteria in order to eliminate any discrimination identified pursuant to the review described in clause (i); and''; and (4) in subparagraph (E), as so redesignated, by striking ``and (C)'' and inserting ``(C), and (D)''. (b) Semiannual Report.--Subsection (g) of such section is amended by adding at the end the following new paragraph: ``(3) Any semiannual report made by the Treasury Inspector General for Tax Administration that is required pursuant to section 5(a) shall include-- ``(A) a statement affirming that the Treasury Inspector General for Tax Administration has reviewed the criteria described in subsection (k)(1)(D) and consulted with the Internal Revenue Service regarding such criteria; and ``(B) a description and explanation of any such criteria that was identified as discriminatory by the Treasury Inspector General for Tax Administration.''.

Small Business Taxpayer Bill of Rights Act of 2015 Amends the Internal Revenue Code to: (1) allow businesses with average annual gross receipts of not more than $50 million that prevail in an administrative or court proceeding involving the determination, collection, or refund of tax, interest, or penalty to recover their costs incurred in such proceedings; (2) increase the amount of civil damages against Internal Revenue Service (IRS) officers or employees for reckless, intentional, or negligent disregard of internal revenue laws and extend from two to five years the period for bringing a claim for damages; (3) increase the penalties against federal officers or employees for unlawful acts in connection with internal revenue laws and for unauthorized disclosures or inspections of tax returns; and (4) allow a taxpayer whose interest abatement claim does not exceed $50,000 to elect to bring a small tax case petition in U.S. Tax Court. Prohibits ex parte communications between officers in the IRS Office of Appeals and other IRS employees with respect to matters pending before such officers and employees. Authorizes new alternative dispute resolution procedures for taxpayer disputes with the IRS. Extends to three years: (1) the period in which taxpayer property that has been wrongfully levied upon may be returned, and (2) the period for bringing suit against the United States for a wrongful tax levy. Authorizes the waiver of the fee for establishing an installment agreement for payment of tax for certain low-income taxpayers who agree to make electronic debit payments. Allows a taxpayer seeking review of a claim for innocent spouse relief or of a collection case in U.S. Tax Court a 60-day suspension of the period for filing a petition for such review when the U.S. Bankruptcy Court has issued an automatic stay in a bankruptcy case involving the taxpayer's claim. Allows de novo review in U.S. Tax Court of any determination by the IRS with respect to a claim for equitable innocent spouse relief. Prohibits the IRS Office of Appeals from considering or deciding any new issue in an internal appeal that is not within the scope of the initial determination made in a taxpayer's case. Prohibits the imposition of a tax lien against a taxpayer's principal residence unless a written determination is made that all other property of the taxpayer, if sold, is insufficient to pay the tax liability and the lien will not create an economic hardship for the taxpayer. Requires the termination of an IRS employee for disproportionate scrutiny of an organization applying for tax-exempt status based on the ideology expressed in the name or purpose of the organization. Authorizes a court to issue a declaratory judgment with respect to the initial or continuing classification of a tax-exempt social welfare organization. Requires the Inspector General for Tax Administration of the Department of the Treasury to: (1) review any IRS criteria for selection of tax returns for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review to determine whether such criteria discriminates against taxpayers on the basis of race, religion, or political ideology; and (2) consult with the IRS on recommended amendments to such criteria.

Small Business Taxpayer Bill of Rights Act of 2015

SECTION 1. AVAILABILITY OF FREE BROADCAST TIME. Title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by inserting after section 315 the following new section: ``free broadcast time for senate candidates ``Sec. 315A. (a) In addition to broadcast time that a licensee makes available to a candidate under section 315(a), a television station licensee shall make available at no charge, for allocation to Senate candidates within its broadcast area under section 503 of the Federal Election Campaign Act of 1971, 3 hours of broadcast time during a prime time access period described in section 501 of that Act to each Senatorial campaign committee designated under section 502 of that Act. ``(b) An appearance by a candidate on a news or public service program at the invitation of a television station or other organization that presents such a program shall not be counted toward time made available pursuant to subsection (a).''. SEC. 2. ALLOCATION BY SENATORIAL CAMPAIGN COMMITTEES. The Federal Election Campaign Act of 1971 (2 U.S.C. 301 et seq.) is amended by adding at the end thereof the following new title: ``TITLE V--DISSEMINATION OF POLITICAL INFORMATION ``SEC. 501. DEFINITIONS. ``For the purposes of this title-- ``(1) the term `free broadcast time' means time provided by a television station during a prime time access period pursuant to section 315A of the Communications Act of 1934; ``(2) the term `major party' means a political party whose candidate the Senate in a State placed first or second in the number of popular votes received in either of the 2 most recent general elections; ``(3) the term `minor party' means a political party other than a major party-- ``(A) whose candidate for the Senate in a State received more than 5 percent of the popular vote in the most recent general election; or ``(B) which files with the Commission, not later than 90 days before the date of a general or special election in a State, the number of signatures of registered voters in the State that is equal to 5 percent of the popular vote for the office of Senator in the most recent general or special election in the State; ``(4) the term `prime time access period' means the time between 7:30 p.m. and 8:00 p.m. of a weekday during the period beginning on the date that is 60 days before the date of a general election or special election for the Senate and ending on the day before the date of the election; and ``(5) the term `Senatorial campaign committee' means the committee of a political party designated under section 602. ``SEC. 502. DESIGNATION OF SENATORIAL CAMPAIGN COMMITTEES. ``(a) Application.--(1)(A) The national committee of a major party or minor party that has established a committee for the specific purpose of providing support to candidates for the Senate may file with the Commission an application for designation of that committee as the Senatorial campaign committee of that political party for the purposes of this title. ``(B) The national committee of a major party or minor party that has not established a committee for the specific purpose of providing support to candidates for the Senate may file with the Commission an application for designation of the national committee as the Senatorial campaign committee of that political party for the purposes of this title. ``(2) An application under paragraph (1) shall be in such form as the Commission may require and shall include a certification by the applicant that the Senatorial campaign committee will-- ``(A) allocate free broadcast time in accordance with section 503 to candidates for the Senate in general and special elections in which at least 1 other candidate for the Senate have qualified for the general election ballot; ``(B) keep and furnish to the Commission any books, records, or other information it may request; and ``(C) cooperate in any audit by the Commission. ``(3) The Commission shall determine whether to approve or deny an application under this section not later than 7 days after receipt. ``(b) If the Commission makes a determination to deny an application under this section, the applicant shall be afforded a hearing with respect to the determination in accordance with section 554 of title 5, United States Code. ``SEC. 503. ALLOCATION AND USE OF FREE BROADCAST TIME. ``(a) Allocation.--A Senatorial campaign committee of a political party shall allocate free broadcast time made available by a television station licensee under section 315A of the Communications Act of 1934 among the candidates of that party for the Senate in the licensee's broadcast area. ``(b) Use.--A Senatorial campaign committee shall ensure that-- ``(1) free broadcast time is used in a manner that promotes a rational discussion and debate of issues with respect to the elections involved; ``(2) in programs in which free broadcast time is used, not more than 25 percent of the time of the broadcast shall consist of presentations other than a candidate's own remarks; ``(3) free broadcast time is used in segments of not less than 1 minute; and ``(4) not more than 15 minutes of free broadcast time is used by any 1 candidate in a 24-hour period. ``SEC. 504. REPORTS TO CONGRESS. ``The Commission shall submit to Congress, not later than June 1 of each year that follows a year in a general election for the Senate is held, a report setting forth the amount of free broadcast time allocated to candidates under section 503. ``SEC. 505. PARTICIPATION BY COMMISSION IN JUDICIAL PROCEEDINGS. ``(a) In General.--The Commission may appear in any action filed under this section, either by attorneys employed in its office or by counsel whom it may appoint without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without regard to the provisions of chapter 51 and title III of chapter 53 of that title. ``(b) Enforcement.--The Commission may petition a district court of the United States for declaratory or injunctive relief concerning any civil matter arising under this title, through attorneys and counsel described in subsection (a). ``(c) Appeals.--The Commission may, on behalf of the United States, appeal from, and petition the Supreme Court of the United States for certiorari to review, a judgment or decree entered with respect to an action in which it appeared pursuant to this section.''.

Amends the Communications Act of 1934 to require television stations to make three hours of broadcast time during a prime time access period available at no charge to each Senatorial campaign committee of a political party. Amends the Federal Election Campaign Act of 1971 to provide for the designation of such committees and the allocation by them of the free broadcast time among the party candidates.

A bill to amend the Communications Act of 1934 and the Federal Election Campaign Act of 1971 to better inform the electorate in Senate elections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Voting Education and Reform, Safeguarding Every American's Vote Act'' or the ``OVERSEAS Vote Act''. SEC. 2. PROHIBITING REFUSAL TO ACCEPT ABSENTEE BALLOT FOR FAILURE TO INCLUDE NOTARIZATION ON RETURN ENVELOPE. Section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) Prohibiting Refusal To Accept Ballot For Failure to Include Notarization on Return Envelope.--A State may not refuse to accept or process any otherwise valid absentee ballot, including the Federal write-in absentee ballot, submitted by an absent uniformed services voter or overseas voter on the grounds that the envelope in which the ballot is submitted is not notarized or witnessed by a Notary Public or other official authorized to administer oaths.''. SEC. 3. WAIVING REQUIREMENT TO APPLY FOR STATE ABSENTEE BALLOT AS CONDITION FOR USE OF FEDERAL WRITE-IN ABSENTEE BALLOT. (a) Waiving Requirement.--Section 103(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) is amended by striking ``who make timely applications for'' and all that follows through ``absentee ballots'' and inserting a period. (b) Conforming Amendment Relating to Timing of Request.--Section 103(b) of such Act (42 U.S.C. 1973ff-2(b)) is amended-- (1) by adding ``or'' at the end of paragraph (1); (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). SEC. 4. PROVISION OF BALLOTS IN SUBSEQUENT ELECTIONS. (a) Permitting Voters To Request Absentee Ballots in All Subsequent Elections.--Section 104(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3(a)) is amended by striking ``through the next 2 regularly scheduled general elections'' and all that follows through ``such general elections),'' and inserting ``(subject to subsections (b) and (d)),'' (b) Waiver of Requirement To Provide Absentee Ballots in Subsequent Elections to Individuals With Unknown Addresses.--Section 104(a) of such Act (42 U.S.C. 1973ff-3(a)) is amended by striking the period at the end and inserting the following: ``, other than any election occurring after any absentee ballot or other election material sent by the State to the voter is returned to the State as undeliverable or with no forwarding address within the State.''. SEC. 5. GRANT PROGRAM FOR OVERSEAS CIVILIAN VOTER OUTREACH. (a) Establishment of Program.-- (1) Program described.--The Election Assistance Commission (hereafter referred to as the ``Commission'') shall establish and operate a program for making grants to eligible organizations for carrying out activities to assist overseas civilian voters in voting in elections for Federal office and to increase turnout among such voters by providing them with information in advance of the date of an election on how to cast absentee ballots in such elections. (2) Period of grant.--Each grant awarded under the program under this section shall cover a 2-year period. (b) Eligibility of Organizations.-- (1) In general.--An organization is eligible to receive a grant under the program under this section if the organization submits to the Commission, at such time and in such form as the Commission may require, an application containing information and assurances that the organization meets the specific requirements for eligibility described in paragraph (2), together with such other information and assurances as the Commission considers appropriate. (2) Specific requirements for eligibility.--The specific requirements described in this paragraph are as follows: (A) The organization is nonpartisan in nature and will carry out activities funded by the grant in a non partisan manner. (B) The organization will use the funds provided under the grant to carry out projects designed to increase the meaningful participation of overseas voters in elections for Federal office. (C) The organization will carry out projects that include at least one of the following activities: (i) Outreach and education to identify overseas civilian voters and provide them with accurate information about voter registration and voting in elections for Federal office, and to provide the information well in advance of applicable State deadlines. (ii) Providing assistance to overseas civilian voters in registering to vote and casting ballots in elections for Federal office, and to provide the assistance well in advance of applicable State deadlines. (D) The organization will file the reports required under subsection (d). (3) Joint eligibility of multiple organizations.--Two or more organizations may be considered a single eligible organization for purposes of receiving a grant under the program under this section, so long as each of them meet the specific requirements for eligibility described in paragraph (2). (c) Criteria for Selection Among Eligible Organizations.--In selecting among eligible organizations for making grants under the program under this section and in determining the amount of the grant awarded, the Commission shall take into consideration the following: (1) The need to ensure an appropriate distribution of participants among various geographic areas, based upon the most recent available data on the number and location of overseas civilian voters. (2) The extent to which the organizations enter into partnerships and other collaborative agreements to carry out the projects involved. (3) The extent to which the organization's approach to providing services under the projects reflects innovation and creativity, including the use of innovative technologies. (4) In the case of overseas civilian voter education projects, the clarity of presentation and ease of use of the information provided to voters. (d) Reporting Requirement.-- (1) Reports.--Each eligible organization that receives a grant under the program under this section shall submit to the Commission a report containing the following information with respect to each year covered by the grant: (A) A description of the projects carried out with funds provided under the grant during the year (and arranged to be carried out during the succeeding year, in the case of a report with respect to an odd-numbered year). (B) The number of overseas civilian voters to whom outreach was provided under the projects. (C) The number of overseas civilian voters registered during the year under the projects. (D) In the case of a report filed with respect to an odd-numbered year, the organization's target for the number of overseas civilian voters to whom the organization will provide assistance during the following year (including the target for the number of absentee ballots to be cast by such voters). (E) In the case of a report filed with respect to an even-numbered year, the number of overseas civilian voters to whom the organization provided assistance during the year and the number of absentee ballots cast by such voters. (F) The organization's analysis of the opportunities for replication of the projects. (2) Deadline.--The organization shall submit the report required under this subsection with respect to a year not later than 90 days after the end of the year. (e) Overseas Civilian Voter Defined.--In this section, the term ``overseas civilian voter'' means an overseas voter defined in section 107(5) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(5)), but does not include an individual described in subparagraph (A) of such section. (f) Authorization of Appropriations.-- (1) Amount authorized.--There are authorized to be appropriated for grants under the program under this section an aggregate amount of $5,000,000 for fiscal year 2008 and each of the first 4 succeeding 2-fiscal year periods. (2) Availability.--Amounts appropriated pursuant to the authorization under this subsection shall remain available until expended. SEC. 6. OTHER OUTREACH EFFORTS TO ENCOURAGE OVERSEAS CITIZENS TO CAST ABSENTEE BALLOTS IN ELECTIONS. (a) Requiring Offices With Overseas Personnel To Provide Notice of Opportunities To Cast Absentee Ballots.-- (1) In general.--The head of each office of the Federal government that has employees whose designated post of duty is outside the United States shall provide such employees with notice of the rights provided to absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act to submit voter registration and absentee ballot requests and to submit absentee ballots (including the Federal write-in absentee ballot described in such Act). (2) Timing of notice.--The head of an office shall provide the notice required under paragraph (1) not later than December 1 of each odd-numbered year and August 1 of each even-numbered year. (b) Including Information in Passports.--The Secretary of State shall ensure that each passport issued on or after the date of the enactment of this Act includes a page describing the rights provided to overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act to submit voter registration and absentee ballot requests and to submit absentee ballots (including the Federal write-in absentee ballot described in such Act), and shall include on the page a list of resources through which individuals may obtain additional information regarding such rights. SEC. 7. APPLICATION OF UOCAVA TO CERTAIN INDIVIDUALS NEVER RESIDING IN UNITED STATES. Section 107(5)(C) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(5)(C)) is amended to read as follows: ``(C) a person who resides outside the United States and (but for such residence) would be qualified to vote-- ``(i) in the last place in which the person was domiciled before leaving the United States, or ``(ii) in the case of an individual who has never resided in the United States, in the last place in which the person's parent or guardian was domiciled before leaving the United States;''. SEC. 8. EFFECTIVE DATE. Except as otherwise provided, this Act and the amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office held in November 2008 and each succeeding election for Federal office.

Overseas Voting Education and Reform, Safeguarding Every American's Vote Act, or OVERSEAS Vote Act - Amends the Uniformed and Overseas Citizen Absentee Voting Act (UOCAVA) to prohibit a state from refusing to accept or process any otherwise valid absentee ballot submitted by an absent uniformed services voter or overseas voter on the grounds that the envelope in which the ballot is submitted is not notarized or witnessed by a notary public or other official authorized to administer oaths. Repeals the requirement to apply for state absentee ballot as a condition for use of a federal write-in absentee ballot. Permits voters to request absentee ballots in all subsequent elections. Directs the Election Assistance Commission (EAC) to establish and operate a program of grants to eligible nonpartisan organizations for activities to: (1) assist overseas civilian voters in voting in federal elections; and (2) increase turnout by providing them with information in advance of an election on how to cast absentee ballots. Requires the head of each office of the federal government with employees whose designated post of duty is outside the United States to notify them of the rights provided by UOCAVA to absent uniformed services voters and overseas voters. Directs the Secretary of State to ensure that each passport issued after enactment of this Act describes such rights. Extends application of UOCAVA to certain individuals who have never resided in the United States.

To amend the Uniformed and Overseas Citizens Absentee Voting Act to promote the participation of absent overseas voters in elections for Federal office, and for other purposes.

SECTION 1. FINDINGS. Congress makes the following findings: (1) Congress strongly supports providing every honorably discharged veteran the opportunity to be buried in a national veterans cemetery in recognition of their sacrifices for the freedoms enjoyed by every citizen of the United States. (2) The Department of Veterans Affairs has determined that a population threshold of 170,000 eligible people living within a 75-mile service radius is appropriate to merit the establishment of a new national cemetery in areas of greatest need nationwide. (3) Although the Department of Veterans Affairs estimates a projected veterans population of 133,000 within a 75-mile radius of the city of Bellevue, Nebraska, an independent analysis conducted by the Metropolitan Area Planning Agency located in Omaha, Nebraska, concluded that 172,500 people who reside within a 75-mile radius of Bellevue would be eligible to be buried in a national cemetery. (4) Congress has consistently authorized the construction of six new national cemeteries every four years since 1999, with the first six established by section 611 of the Veterans Millennium Health Care and Benefits Act (Public Law 106-117; 38 U.S.C. 2400 note) and the next six established by the National Cemetery Expansion Act of 2003 (Public Law 108-109; 38 U.S.C. 2400 note). (5) The independent report titled ``Future Burial Needs'' and completed for the Department of Veterans Affairs in 2002 pursuant to section 613 of the Veterans Millennium Health Care and Benefits Act (Public Law 106-117; 38 U.S.C. 2404 note) recommended Omaha, Nebraska, as a location for a new national cemetery to be built in 2005. (6) The Midwest Health Care Network of the Department of Veterans Affairs, which is responsible for the provision of health care for veterans residing in Iowa and Nebraska, currently serves a high population of aging veterans. (7) Major veterans and military advocacy organizations endorse the establishment of a national cemetery to serve veterans and their family members in the eastern Nebraska and western Iowa regions, including the following: (A) The Nebraska Department of Disabled American Veterans. (B) The Heartland of America Chapter of the Military Officers Association of America. (C) The Great Plains Chapter of Paralyzed Veterans of America. (D) The Nebraska Department of Veterans of Foreign Wars. (E) The Nebraska chapter of Vietnam Veterans of America. (F) The Nebraska Military Order of the Purple Heart. (G) The Nebraska State Air Force Association. (H) The Air Force Sergeants Association, Chapter 984. (I) The Nebraska Department of the American Legion. (J) The Forty & Eight Charitable Veterans. (K) The Nebraska chapter of the American Ex- Prisoners of War. (L) The Nebraska chapter of Gold Star Wives. (M) The Korean War Veterans Association, Nebraska Chapter 1. (N) The Marine Corps League in Nebraska. (O) The Nebraska Department of American Veterans. (8) Such organizations represent a combined membership of not less than 85,700 veterans and military advocates in the State of Nebraska. SEC. 2. ESTABLISHMENT OF NATIONAL CEMETERY IN EASTERN NEBRASKA REGION. (a) In General.--The Secretary of Veterans Affairs shall establish, in accordance with chapter 24 of title 38, United States Code, a national cemetery in the eastern Nebraska region to serve the needs of veterans and their families in the eastern Nebraska and western Iowa regions. (b) Consultation in Selection of Site.--Before selecting the site for the national cemetery established under subsection (a), the Secretary shall consult with-- (1) appropriate officials of the State of Nebraska and local officials in the eastern Nebraska region; and (2) appropriate officials of the United States, including the Administrator of General Services, with respect to land belonging to the United States in that region that would be suitable to establish the national cemetery under subsection (a). (c) Report.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the establishment of the national cemetery under subsection (a). The report shall set forth a schedule for such establishment and an estimate of the costs associated with such establishment.

Directs the Secretary of Veterans Affairs to establish a national cemetery in eastern Nebraska to serve the needs of veterans and their families in eastern Nebraska and western Iowa.

A bill to direct the Secretary of Veterans Affairs to establish a national cemetery in the eastern Nebraska region to serve veterans in the eastern Nebraska and western Iowa regions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Medicare Costs through Innovation Act''. SEC. 2. MEDICARE COMMERCIALIZATION GRANTS. (a) Definitions.--In this section: (1) The term-- (A) ``Administrator'' means the Administrator of the Centers for Medicare & Medicaid Services; and (B) ``Secretary'' means the Secretary of Health and Human Services. (2) The terms ``commercialization'', ``Phase I'', ``Phase II'', ``Phase III'', ``SBIR'', and ``STTR'' have the meanings given those terms in section 9(e) of the Small Business Act (15 U.S.C. 638(e)). (3) The term ``eligible medical product'' means a product-- (A) for which a grant recipient received a Medicare commercialization grant; (B) which will maintain or improve quality of care while reducing costs (as determined by the Secretary); and (C)(i) that is a drug, as defined under section 201(g)(1) of Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)); (ii) that is a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262); (iii) that is a combination product, as described in section 503(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(g)); or (iv) that is a device, as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)), for which approval under section 515 of such Act is required. (4) The term ``eligible small business concern'' means a small business concern that-- (A) has a focus on the diseases or conditions that are the top 10 cost drivers in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), as determined by the Secretary in accordance with subsection (b)(3); (B) is otherwise eligible for a Centers for Medicare & Medicaid Services SBIR or STTR program grant; (C) has completed Phase I activities; and (D) has funding for Phase II activities. (5) The term ``small business concern'' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632). (b) Medicare Commercialization Grants.-- (1) Establishment of program.--The Secretary shall establish within the Centers for Medicare & Medicaid Services SBIR or STTR program a grant program referred to as the ``Medicare commercialization grant program'' through which the Secretary shall award grants to eligible small business concerns with approved applications to assist such small business concerns in Phase III activities related to developing novel eligible medical products and receiving approval or clearance by the Food and Drug Administration for such eligible medical products in accordance with paragraph (2). (2) Approval process for grant recipient's novel drugs, devices, or diagnostics.--A grantee may choose to submit an application for approval of novel drugs, devices, or diagnostics through a traditional approval process or through the pilot program for parallel review of medical products described in subsection (c). (3) Applications.-- (A) Solicitation of applications.--The Secretary shall issue an annual solicitation of applications for the grant program under paragraph (1), with a focus on the diseases or conditions that are the top 10 cost drivers in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), as determined by the Secretary in accordance with subparagraph (B). (B) Cost drivers in medicare.--The Secretary shall assess, in consultation with stakeholders, and take into consideration for purposes of determining such cost drivers and the eligibility of a small business concern, as described in subsection (a)(4)(A)-- (i) high volume medical procedures that are paid for under the Medicare program; (ii) diseases or conditions that a high number of Medicare beneficiaries are affected by; (iii) high cost medical procedures that are paid for under the Medicare program; (iv) diseases or conditions that Medicare beneficiaries are affected by that result in a high cost to the Medicare program; and (v) areas described in clauses (i) through (iv) for which there is a high potential for innovation or cost reduction. (C) Application requirement.--Each eligible small business concern that applies for a Medicare commercialization grant shall include in the application for such grant a description of each source of funding for the eligible business concern and the amount of funding from each such source. (4) Duration.--An eligible small business concern may receive a Medicare commercialization grant for a period of not less than 1 year and not more than 3 years. (5) No limit on number of recipients.--The Secretary shall not limit the number of eligible small business concerns that may receive a Medicare commercialization grant. (6) Periodic assessment.--At the completion of the third year for which grants are awarded under this subsection, the Secretary shall prepare an assessment containing information about the cost reductions and improvements in care that result from such grants, including-- (A) a general assessment of the cost drivers that the grants were intended to address; (B) information about the novel eligible medical products that the grantees developed or received approval or clearance for with the aid of grant funding under this subsection; and (C) the potential for a reduction in costs that may result if such novel eligible medical products were used nationwide. (7) Report.--The Secretary shall prepare and submit to Congress, at the completion of the third year for which grants are awarded under this subsection and following the assessment described in paragraph (6), a summary report containing the information described in paragraph (6). The Secretary shall also post each such report on the website of the Department of Health and Human Services. (8) Funding.--To carry out the grant program under this subsection, the Secretary shall use amounts allocated for the SBIR and STTR programs of the Department of Health and Human Services under subsections (f) and (n), respectively, of section 9 of the Small Business Act (15 U.S.C. 638). (9) Collaboration.--The Secretary shall collaborate with the heads of other divisions within the Department of Health and Human Services as the Secretary determines necessary to carry out this subsection. (c) Pilot Program for Parallel Review of Medical Products.-- (1) In general.--Not later than 60 days after the date of enactment of this section, the Secretary and the Administrator shall jointly establish a pilot program for parallel review of eligible medical products that is similar to the ``Pilot Program for Parallel Review of Medical Products'' described in the notice of the Centers for Medicare & Medicaid Services, published in the Federal Register on October 11, 2011 (76 Fed. Reg. 62808) (referred to in this subsection as the ``pilot program''). Such pilot program shall not affect the applicable criteria or standards for approving, clearing, or classifying medical products under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301) and shall not affect the criteria and standards relating to determinations about a reimbursement designation or a national coverage determination under the Medicare program under title XVIII of the Social Security Act. (2) Purpose.--The purposes of the pilot program are to-- (A) reduce the timeline of the review processes for purposes of approval by the Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301) and a reimbursement designation and a national coverage determination under the Medicare program under title XVIII of the Social Security Act for certain medical products developed by Medicare commercialization grant recipients; and (B) increase the efficiency of, and communication between, the Department of Health and Human Services and the Centers for Medicare & Medicaid Services. (3) Eligible participants.--The pilot program established under this subsection shall be available-- (A) only to recipients of a Medicare commercialization grant under this subsection (b) who choose to participate in such pilot program; and (B) only for the review of eligible medical products. (4) Parallel review process.--As part of the pilot program-- (A) to the extent practicable, the Secretary and the Administrator shall notify participating grant recipients of the data that may be necessary for the grant recipient to submit at the beginning of the review process; and (B) the Administrator shall begin review for purposes of a reimbursement designation and a national coverage determination under the Medicare program under title XVIII of the Social Security Act for an eligible medical product while the Secretary of Health and Human Services is reviewing that eligible medical product for approval under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301). (5) Allocation of resources.--The Administrator shall allocate the resources necessary to carry out the pilot program.

Reducing Medicare Costs through Innovation Act This bill establishes a Medicare commercialization grant program, through which the Centers for Medicare & Medicaid Services (CMS) shall award grants to eligible small businesses for certain activities related to developing novel eligible medical products and receiving Food and Drug Administration (FDA) approval for such products. CMS shall solicit grant applications annually, with a focus on the diseases or conditions that are the top ten cost drivers in the Medicare program. To carry out the grant program, CMS shall use amounts allocated under the Small Business Act for the Small Business Innovation Research and Small Business Technology Transfer programs. The bill also establishes a pilot program (similar to a pilot program that was previously established in regulation) for parallel review of medical products with the purpose of reducing, with respect to certain medical products developed by Medicare commercialization grant recipients, the timeline for FDA approval and Medicare national coverage determinations. A Medicare commercialization grant applicant may choose to apply for FDA approval of novel medical products either through a traditional process or through the pilot program.

Reducing Medicare Costs through Innovation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alien Smuggling and Terrorism Prevention Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Alien smuggling by land, air, and sea is a transnational crime that-- (A) violates the integrity of United States borders; (B) compromises the sovereignty of the United States; (C) places our Nation at risk of terrorist activity; and (D) contravenes the rule of law. (2) Aggressive enforcement activity against alien smuggling is needed to protect the borders of the United States and to ensure our Nation's security. The border security and antismuggling efforts of the men and women on the Nation's front line of defense are commendable. Special recognition should be given to the Border Patrol, the Coast Guard, United States Customs and Border Protection, United States Immigration and Customs Enforcement, and the Federal Bureau of Investigation. (3) The law enforcement community must be given the statutory tools necessary to address this security threat. The United States Attorneys Offices and the Domestic Security Section of the Criminal Division cannot prosecute these cases successfully without effective alien smuggling statutes. (4) Alien smuggling has a destabilizing effect on border communities. State and local law enforcement, medical personnel, social service providers, and the faith community play important roles in combating smuggling and responding to its effects. (5) Existing penalties for alien smuggling are insufficient to provide appropriate punishment for alien smugglers. (6) Existing alien smuggling laws often fail to reach the conduct of alien smugglers, transporters, recruiters, guides, and boat captains. (7) Existing laws concerning failure to heave to are insufficient to appropriately punish boat operators and crew who engage in the reckless transportation of aliens on the high seas and seek to evade capture. (8) Much of the conduct in alien smuggling rings occurs outside of the United States. Extraterritorial jurisdiction is needed to ensure that smuggling rings can be brought to justice for recruiting, sending, and facilitating the movement of those who seek to enter the United States without lawful authority. (9) Alien smuggling can include unsafe or recklessly dangerous conditions that expose individuals to particularly high risk of injury or death. SEC. 3. CHECKS AGAINST TERRORIST WATCH LIST. The Secretary of Homeland Security shall, to the extent practicable, check, against all available terrorist watch lists, alien smugglers and smuggled individuals who are interdicted at the land, air, and sea borders of the United States. SEC. 4. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN SMUGGLERS. Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended-- (1) by amending the subsection heading to read as follows: ``Bringing in, Harboring, and Smuggling of Unlawful and Terrorist Aliens.--''; (2) by amending paragraph (1) to read as follows: ``(1)(A) A person shall be subject to the penalties described in subparagraph (D) if the person, knowing or in reckless disregard of the fact that an individual is an alien who lacks lawful authority to come to, enter, or reside in the United States, knowingly-- ``(i) brings that individual to the United States, regardless of any future official action which may be taken with respect to that individual; ``(ii) recruits, encourages, or induces that individual to come to, enter, or reside in the United States; ``(iii) transports or moves that individual in the United States, in furtherance of that individual's unlawful presence; or ``(iv) harbors, conceals, or shields from detection that individual in any place in the United States, including any building or means of transportation. ``(B) A person shall be subject to the penalties described in subparagraph (D) if the person, knowing that an individual is an alien, brings that individual to the United States at a place other than a designated port of entry or a place designated by the Secretary of Homeland Security, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to that individual. ``(C) A person who attempts or conspires to commit any offense described subparagraph (A) or (B) shall be subject to the same penalties as a person who completes the offense. ``(D) A person who commits any offense described in this paragraph shall, for each individual in respect to whom such offense occurs-- ``(i) be fined under title 18, United States Code, imprisoned not more than 5 years, or both if the offense is not described in any of clauses (ii) through (vii); ``(ii) be fined under such title, imprisoned not more than 1 year, or both, if the offense involved the transit of the defendant's spouse, child, sibling, parent, grandparent, or niece or nephew and is not described in any of clauses (iii) through (vi); ``(iii) be fined under such title, imprisoned not more than 10 years, or both if the violation is described in clauses (ii), (iii), or (iv) of subparagraph (A) or subparagraph (B) and was committed for the purpose of profit, commercial advantage, or private financial gain; ``(iv) be fined under such title and imprisoned, in the case of a first or second violation, for a term of not fewer than 3 years and not more than 10 years, and for any subsequent violation, for a term of not fewer than 5 years and not more than 15 years, if the offense-- ``(I) is described in subparagraph (A)(i) and was committed for the purpose of profit, commercial advantage, or private financial gain; or ``(II) was committed with the intent or reason to believe that the individual unlawfully brought into the United States will commit an offense against the United States or any State that is punishable by imprisonment for more than 1 year; ``(v) be fined under such title, imprisoned not more than 20 years, or both if the offense-- ``(I) results in serious bodily injury (as defined in section 1365 of title 18, United States Code); or ``(II) places in jeopardy the life of any person; ``(vi) be fined under such title, imprisoned not more than 30 years, or both if the offense involved an individual who the person knew was engaged in or intended to engage in terrorist activity (as defined in section 212(a)(3)(B)); ``(vii) be fined under such title, imprisoned for any term of years or for life, or both if the offense involves kidnaping, an attempt to kidnap, conduct required for aggravated sexual abuse (as defined in section 2241 without regard to where it takes place), an attempt to commit such abuse, or an attempt to kill; and ``(viii) fined under such title, punished by death or imprisoned for any term of years or for life, or both if the offense results in the death of any person.''; and (3) by amending paragraph (2) to read as follows: ``(2)(A) There is extraterritorial jurisdiction over the offenses described in paragraph (1). ``(B) In a prosecution for a violation of, or an attempt or conspiracy to violate subparagraph (A)(i), (A)(ii), or (B) of paragraph (1), that occurs on the high seas, no defense based on necessity can be raised unless the defendant-- ``(i) reported to the Coast Guard, as soon as practicable-- ``(I) the circumstances of the necessity; and ``(II) if a rescue is claimed, the name, description, registry number, and location of the vessel engaging in the rescue; and ``(ii) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement under clause (i) is satisfied by notifying the Coast Guard as soon as practicable after delivering the alien to emergency medical or law enforcement personnel ashore. ``(C) It is a defense to a violation of, or an attempt or conspiracy to violate, clause (iii) or (iv) of paragraph (1)(A) for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officer of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least 1 year. ``(D) In this paragraph and in paragraph (1)-- ``(i) the term `lawful authority'-- ``(I) means permission, authorization, or waiver that is expressly provided for in the immigration laws of the United States or the regulations prescribed under those laws; and ``(II) does not include any such authority secured by fraud or otherwise obtained in violation of law or authority that has been sought but not approved. ``(ii) the term `United States' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and every other territory and possession of the United States.''. SEC. 5. MARITIME LAW ENFORCEMENT. (a) Penalties.--Section 2237(b) of title 18, United States Code, is amended to read as follows: ``(b)(1) Except as provided under paragraph (2), any person who intentionally violates this section shall, be fined under this title, imprisoned for not more than 5 years, or both. ``(2)(A) A person described in paragraph (1) shall be fined under this title, imprisoned for not more than 10 years, or both if the violation is committed in the course of a violation of-- ``(i) section 274 of the Immigration and Nationality Act (alien smuggling); ``(ii) chapter 77 (peonage, slavery, and trafficking in persons), section 111 (shipping), 111A (interference with vessels), 113 (stolen property), or 117 (transportation for illegal sexual activity) of this title; ``(iii) chapter 705 (maritime drug law enforcement) of title 46; or ``(iv) title II of the Act of June 15, 1917 (40 Stat. 220). ``(B) A person described in paragraph (1) shall be fined under this title, imprisoned not more than 15 years, or both if the violation results in serious bodily injury (as defined in section 1365) or transportation under inhumane conditions. ``(C) A person described in paragraph (1) shall be fined under this title, imprisoned for any term of years or for life, or both if the violation-- ``(i) results in death; or ``(ii) involves kidnaping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 without regard to where it takes place), an attempt to commit such abuse, or an attempt to kill.''. (b) Limitation on Necessity Defense.--Section 2237(c) of title 18, United States Code, is amended-- (1) by inserting ``(1)'' after ``(c)''; (2) by adding at the end the following: ``(2) In a prosecution for a violation of this section, no defense based on necessity can be raised unless the defendant-- ``(A) as soon as practicable upon reaching shore, delivered the person with respect to which the necessity arose to emergency medical or law enforcement personnel; ``(B) as soon as practicable, reported to the Coast Guard the circumstances of the necessity resulting giving rise to the defense; and ``(C) did not bring, attempt to bring, or in intentionally facilitate the entry of any alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement under subparagraph (B) is satisfied by notifying the Coast Guard as soon as practicable after delivering that person to emergency medical or law enforcement personnel ashore.''. (c) Definition.--Section 2237(e) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: ``(3) the term `transportation under inhumane conditions' means-- ``(A) transportation of persons in an engine compartment, storage compartment, or other confined space; ``(B) transportation at an excessive speed; ``(C) transportation of a number of persons in excess of the rated capacity of the means of transportation; or ``(D) intentionally grounding a vessel in which persons are being transported.''. SEC. 6. AMENDMENT TO THE SENTENCING GUIDELINES. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding. (b) Considerations.--In carrying out this section, the Sentencing Commission, shall-- (1) consider providing sentencing enhancements or stiffening existing enhancements for those convicted of offenses described in paragraph (1) that-- (A) involve a pattern of continued and flagrant violations; (B) are part of an ongoing commercial organization or enterprise; (C) involve aliens who were transported in groups of 10 or more; (D) involve the transportation or abandonment of aliens in a manner that endangered their lives; or (E) involve the facilitation of terrorist activity; and (2) consider cross-references to the guidelines for criminal sexual abuse and attempted murder. (c) Expedited Procedures.--The Commission may promulgate the guidelines or amendments under this section in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.

Alien Smuggling and Terrorism Prevention Act of 2007 - Directs the Secretary of Homeland Security to check against all available terrorist watchlists those alien smugglers and smuggled individuals who are interdicted at U.S. land, air, and sea borders. Revises alien smuggling and related criminal offense and penalty provisions. Provides extraterritorial jurisdiction over such offenses. Limits a defense of necessity for knowingly bringing an illegal alien into the United States from the high seas. Exempts from certain of such violations (transporting or harboring in the United States) a bona fide nonprofit, religious organization in the United States (or its agents or officers) that encourages, invites, or enables an alien who is present in the United States to serve as a volunteer minister or missionary for such organization in the United States, provided the minister or missionary has been a member of the denomination for at least one year. Directs the United States Sentencing Commission to review and amend as appropriate sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding.

A bill to amend the Immigration and Nationality Act and title 18, United States Code, to combat the crime of alien smuggling and related activities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long Island Sound Restoration Act''. SEC. 2. LONG ISLAND SOUND DEMONSTRATION PROGRAM. (a) In General.--The Administrator shall carry out a demonstration program under which the Administrator may make grants on an annual basis to the States of New York and Connecticut in accordance with this section. (b) Purposes.--The Administrator shall carry out the program under subsection (a)-- (1) to demonstrate methods of restoring and maintaining the water quality of designated bays and harbors of Long Island Sound at which water quality standards adopted pursuant to section 303 of the Federal Water Pollution Control Act have not been achieved or at which other significant water quality degradation has occurred; (2) to demonstrate the importance of controlling nonpoint sources of pollution in restoring and maintaining water quality; (3) to enhance opportunities for water-dependent recreational activities, maintain a healthy ecosystem, protect and enhance marine life, minimize health risks associated with human consumption of shellfish and finfish, and ensure that social and economic benefits to the general public associated with Long Island Sound are advanced; and (4) to advance goals and recommendations contained in the Comprehensive Conservation and Management Plan of the Long Island Sound Study developed pursuant to section 320 of the Federal Water Pollution Control Act. (c) Designation of Bays and Harbors.-- (1) In general.--In order to be eligible to receive grants under subsection (a), the States of New York and Connecticut shall each designate in accordance with paragraphs (2) and (3) bays and harbors of Long Island Sound at which the State plans to carry out eligible activities with amounts of such grants and transmit such designations to the Administrator. (2) Designations by state of new york.--The State of New York shall designate pursuant to paragraph (1) one bay or harbor in each of the following 4 political subdivisions of the State of New York: Westchester County, Nassau County, Suffolk County, and New York City. (3) Designations by state of connecticut.--The State of Connecticut shall designate pursuant to paragraph (1) one bay or harbor in 2 of the following 4 political subdivisions of the State of Connecticut: Fairfield County, New Haven County, Middlesex County, and New London County. (4) Participation of management committee.--The States of New York and Connecticut shall each make designations pursuant to paragraph (1) in cooperation with the Management Committee of the Long Island Sound Study established pursuant to section 320 of the Federal Water Pollution Control Act. (5) Participation of new york city.--The State of New York shall designate a bay or harbor in New York City pursuant to paragraph (1) in cooperation with the Mayor of New York City (or the designee of the Mayor). (d) Terms and Conditions.--The Administrator may make a grant to a State under subsection (a) only if the State enters into an agreement with the Administrator which contains the following terms and conditions for receipt of the grant: (1) Use of grant.--Except as provided in paragraph (3), all amounts of the grant shall be used by the State-- (A) to carry out eligible activities and a monitoring program pursuant to paragraph (4) at bays and harbors designated by the State pursuant to subsection (c); and (B) to educate the public, in coordination with the office established pursuant to section 119 of the Federal Water Pollution Control Act, on the implementation and results of such eligible activities. (2) Distribution of grants amounts.--Equal amounts of the grant shall be used by the State for conducting eligible activities at each bay and harbor designated pursuant to subsection (c). (3) Administrative expenses.--Not to exceed 1.5 percent of the amount of the grant may be used by the State for staff salaries and other administrative expenses incurred by the State in carrying out activities with the grant. (4) Monitoring.--The State shall design and carry out a program for monitoring water quality at bays and harbors designated pursuant to paragraph (c) in order to determine the effectiveness of eligible activities being conducted by the State using amounts of the grant. Activities under such program shall be reviewed and evaluated by the Long Island Sound Study Scientific and Technical Advisory Committee and by the Long Island Sound Monitoring Work Group. (5) Reporting.--The State shall comply with reporting requirements contained in subsection (f). (e) Distribution of Grants.--The Administrator shall use \2/3\ of the amounts appropriated in a fiscal year to carry out this Act for making grants to the State of New York under subsection (a) and \1/3\ of such amounts for making grants to the State of Connecticut under subsection (a). (f) Reports.-- (1) Reports to the administrator.--A State receiving a grant under subsection (a) shall transmit to the Administrator, not later than 18 months after the date of receipt of the grant and biennially thereafter for the term of the program under subsection (a), a report on eligible activities carried out by the State using amounts of the grant and on the results of the monitoring program carried out by the State pursuant to subsection (d)(4), including a summary of evaluations conducted pursuant to subsection (d)(4). Any such report may be transmitted as part of a report submitted by the State pursuant to section 320(h) of the Federal Water Pollution Control Act. (2) Report to congress.--On or before the last day of the 5th fiscal year beginning after the date of the enactment of this Act, the Administrator shall transmit to Congress a report on the results of the program conducted under subsection (a), together with an analysis on the extent to which the purposes described in subsection (b)(3) have been realized and recommendations for appropriate administrative and legislative actions. (g) Non-Federal Share.--The non-Federal share of the cost of activities carried out with amounts from grants under subsection (a) in a fiscal year shall be 30 percent. One-sixth of such non-Federal share shall be provided by sources in the locality in which such activities are carried out. (h) Definitions.--For the purposes of this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Eligible activity.--The term ``eligible activity'' means an activity conducted for the purpose of addressing one or more of the following problems: (A) Pollutants from nonpoint sources.--Urban and suburban runoff of pollutants into Long Island Sound from forestry, agriculture, and other land uses. Such pollutants include sediments associated with logging, pesticides, fertilizers, animal waste, litter, overflows from failing septic systems, leaching of contaminants from landfills, and discharges from coastal development and construction sites. (B) Waste from recreational boats.--The discharge of waste into Long Island Sound from recreational boats and the leaching of antifouling paints. (C) Pollutants carried by rivers.--Pollutants which are carried by rivers into Long Island Sound. (D) Airborne pollutants.--Airborne pollutants which are emitted and attached to or absorbed by moisture and particles in the environment and which enter Long Island Sound. (E) Wetlands degradation.--The deterioration of tidal wetlands of Long Island Sound from their natural state and the adverse effects of such deterioration on near-shore habitat. (F) Pollutants from point sources.--Pollutants discharged into Long Island Sound from a discharge pipe, sewage treatment plant, or industrial facility. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $50,000,000 per fiscal year for each of the first 5 fiscal years beginning after the date of the enactment of this Act.

Long Island Sound Restoration Act - Directs the Administrator of the Environmental Protection Agency to carry out a demonstration program to make annual grants to the States of New York and Connecticut for: (1) demonstrating methods of restoring and maintaining the water quality of designated bays and harbors of Long Island Sound at which water quality standards pursuant to the Federal Water Pollution Control Act have not been achieved or at which other significant water quality degradation has occurred; (2) demonstrating the importance of controlling nonpoint sources of pollution in restoring and maintaining water quality; (3) enhancing opportunities for water-dependent recreational activities, maintaining a healthy ecosystem, protecting and enhancing marine life, minimizing health risks associated with human consumption of shellfish and finfish, and ensuring that social and economic benefits to the public associated with the Sound are advanced; and (4) advancing goals and recommendations of the Comprehensive Conservation and Management Plan of the Long Island Sound Study. Requires the States of New York and Connecticut, in order to be eligible for grants, to designate bays and harbors of the Sound at which eligible activities will be carried out. Requires grants to be used to: (1) carry out eligible activities and monitoring programs at designated bays and harbors; and (2) educate the public on the implementation and results of such activities. Authorizes appropriations.

Long Island Sound Restoration Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rural Health Care Quality Improvement Act of 2016''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--RURAL HEALTH CARE Sec. 101. Establishment of core set of rural health care quality measures. Sec. 102. Revisions to Medicare rural grants. TITLE II--RURAL-BASED PAYMENT REFORMS Sec. 201. Integrating core set of rural health care quality measures into certain payment models. Sec. 202. Center for Medicare and Medicaid Innovation testing of providing financial incentives for rural providers of services and suppliers to submit data on quality measures. Sec. 203. Center for Medicare and Medicaid Innovation testing of value- based payment models for rural providers of services and suppliers. Sec. 204. Center for Medicare and Medicaid Innovation testing of hospital readmissions reduction program for rural hospitals. Sec. 205. Participation by rural health clinics and Federally qualified health centers in Comprehensive Primary Care Plus model. TITLE III--IMPROVING RURAL REPRESENTATION Sec. 301. Inclusion of rural representation on CMS Rural Health Council. Sec. 302. Ensuring rural representation on the Medicare Payment Advisory Commission and the Medicaid and CHIP Payment and Access Commission. TITLE I--RURAL HEALTH CARE SEC. 101. ESTABLISHMENT OF CORE SET OF RURAL HEALTH CARE QUALITY MEASURES. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by inserting after section 1890A the following new section: ``rural health care quality measures ``Sec. 1890B. (a) Establishment.--Not later than January 1, 2018, the Secretary shall, using the process described in section 1890(b)(7), establish a core set of relevant quality measures that address the following with respect to rural providers of services and suppliers who furnish items and services to individuals in rural areas: ``(1) Improving patient outcomes, such as mortality rates, hospital acquired infections, hospital readmissions, and other patient-reported outcomes. ``(2) Improving care coordination, transitions, and medicine reconciliation. ``(3) Reducing costs. ``(4) Improving patient safety. ``(5) Use of preventive care services, including immunizations and screening tests. ``(6) Improving care for individuals with chronic disease, including cardiovascular disease, diabetes, behavioral health, and other chronic conditions. ``(7) Other purposes specified by the Secretary. ``(b) Aligning Measures With Existing Quality Reporting Requirements.--In establishing the core set of quality measures under subsection (a), the Secretary shall reduce reporting burdens for small rural providers of services and suppliers (as determined by the Secretary) by, to the extent practicable, ensuring that such quality measures are consistent with measures applicable under other quality and value-based payment reporting requirements under this title, as determined by the Secretary, including the Merit-Based Incentive Payment System under section 1848(q) and incentive payments for the meaningful use of certified EHR technology under section 1886(b)(3)(B)(ix). ``(c) Implementation.--The provisions of paragraphs (4) and (5) of section 1890A(a) shall apply to the establishment of the core set of quality measures under subsection (a) in the same manner as such provisions apply to the selection of quality and efficiency measures described in section 1890(b)(7)(B). ``(d) Annual Updating.--The Secretary shall, using the process described in section 1890A, review and update the core set of quality measures established under subsection (a) in accordance with section 1890A(c) to ensure such quality measures remain reliable, scientifically valid, and appropriate for quality measurement purposes.''. (b) Conforming Amendment.--Section 1890(b)(5)(A)(iv) of the Social Security Act (42 U.S.C. 1395aaa(b)(5)(A)(iv)) is amended by inserting ``and (beginning with 2019) rural health care quality measures under section 1890B'' after ``Public Health Service Act''. SEC. 102. REVISIONS TO MEDICARE RURAL GRANTS. (a) Reauthorization.--Section 1820(j) of the Social Security Act (42 U.S.C. 1395i-4(j)) is amended-- (1) by striking ``Appropriations.--There'' and inserting the following: ``Appropriations.-- ``(1) HI trust fund.--There''; and (2) by adding at the end the following new paragraph: ``(2) General revenues.--There are authorized to be appropriated, from amounts in the Treasury not otherwise appropriated, for making grants to all States under subsection (g), $50,000,000 in each of fiscal years 2017 through 2021, to remain available until expended.''. (b) Medicare Rural Emergency Medical Services Grants.--Section 1820(g)(2)(A) of the Social Security Act (42 U.S.C. 1395i-4(g)(2)(A)) is amended by inserting the following before the period at the end: ``, which may include plans to support emergency medical transportation services, particularly in rural communities that have lost their rural hospital''. (c) Grants To Provide Technical Assistance for Quality Improvement Reporting by Critical Access Hospitals.--Section 1820(g) of the Social Security Act (42 U.S.C. 1395i-4(g)) is amended by adding at the end the following new paragraph: ``(8) Technical assistance for quality improvement reporting by critical access hospitals.-- ``(A) Grants.--The Secretary may award grants to critical access hospitals that have submitted applications in accordance with subparagraph (B) for-- ``(i) assisting such hospitals in establishing or expanding a quality improvement reporting program; and ``(ii) supporting the provision of technical assistance for quality improvement reporting. ``(B) Application.--A critical access hospital seeking a grant under this paragraph shall submit an application to the Secretary on or before such date and in such form and manner as the Secretary specifies. ``(C) Reporting requirement in order to continue to receive grants after second year.--The Secretary may not award a grant under this paragraph to a critical access hospital for more than 2 years unless the hospital agrees to submit, for each year after that second year, such relevant quality data specified by the Secretary, including data on rural health care quality measures established under section 1890B, as appropriate. ``(D) Availability to public.--The Secretary shall establish procedures for making data submitted under subparagraph (C) available to the public. ``(E) Opportunity to review.--The procedures established under subparagraph (D) shall ensure that a critical access hospital has the opportunity to review the data that are to be made public with respect to the hospital prior to such data being made public. ``(F) Measures.--The Secretary shall report quality measures of process, structure, outcome, patients' perspective on care, efficiency, and costs of care that relate to services furnished in such hospitals on the Internet website of the Centers for Medicare & Medicaid Services.''. TITLE II--RURAL-BASED PAYMENT REFORMS SEC. 201. INTEGRATING CORE SET OF RURAL HEALTH CARE QUALITY MEASURES INTO CERTAIN PAYMENT MODELS. Section 1890B of the Social Security Act, as added by section 101, is amended by adding at the end the following new subsection: ``(e) Inclusion Under Alternative Payment Models and Value-Based Demonstration Projects.--Effective beginning with calendar year or fiscal year 2021, as applicable, the Secretary shall ensure that rural health care quality measures established under this section are included in quality reporting under alternative payment models and value-based payment demonstration projects under this title, as appropriate, including the shared savings program under section 1899 and the Merit-Based Incentive Payment System under section 1848(q).''. SEC. 202. CENTER FOR MEDICARE AND MEDICAID INNOVATION TESTING OF PROVIDING FINANCIAL INCENTIVES FOR RURAL PROVIDERS OF SERVICES AND SUPPLIERS TO SUBMIT DATA ON QUALITY MEASURES. Section 1115A of the Social Security Act (42 U.S.C. 1315a) is amended-- (1) in subsection (b)(2)(A), by adding at the end the following new sentence: ``The models selected under this subparagraph shall include the model described in subsection (h).''; and (2) by adding at the end the following new subsection: ``(h) Providing Financial Incentives for Rural Providers of Services and Suppliers To Submit Data on Quality Measures.--The Secretary shall test a model providing financial incentives to providers of services and suppliers located in rural areas to submit data on applicable quality measures under title XVIII, including rural health care quality measures established under section 1890B.''. SEC. 203. CENTER FOR MEDICARE AND MEDICAID INNOVATION TESTING OF VALUE- BASED PAYMENT MODELS FOR RURAL PROVIDERS OF SERVICES AND SUPPLIERS. Section 1115A of the Social Security Act (42 U.S.C. 1315a), as amended by section 202, is amended-- (1) in subsection (b)(2)(A), by striking ``model described in subsection (h)'' and inserting ``models described in subsections (h) and (i)''; and (2) by adding at the end the following new subsection: ``(i) Value-Based Payment Models for Rural Providers of Services and Suppliers.--The Secretary shall test value-based payment models, including value-based purchasing, for items and services furnished by providers of services and suppliers located in rural areas under title XVIII, including critical access hospitals.''. SEC. 204. CENTER FOR MEDICARE AND MEDICAID INNOVATION TESTING OF HOSPITAL READMISSIONS REDUCTION PROGRAM FOR RURAL HOSPITALS. Section 1115A of the Social Security Act (42 U.S.C. 1315a), as amended by sections 202 and 203, is amended-- (1) in subsection (b)(2)(A), by striking ``and (i)'' and inserting ``, (i), and (j)''; and (2) by adding at the end the following new subsection: ``(j) Hospital Readmissions Reduction Program for Rural Hospitals.--The Secretary shall test a hospital readmissions reduction program under title XVIII for hospitals located in rural areas that are not otherwise subject to the program under section 1886(q).''. SEC. 205. PARTICIPATION BY RURAL HEALTH CLINICS AND FEDERALLY QUALIFIED HEALTH CENTERS IN COMPREHENSIVE PRIMARY CARE PLUS MODEL. Notwithstanding any other provision of law, the Secretary of Health and Human Services shall permit a rural health clinic (as defined in section 1861(aa)(2) of the Social Security Act (42 U.S.C. 1395x(aa)(2))) or a Federally qualified health center (as defined in section 1861(aa)(4) of such Act (42 U.S.C. 1395x(aa)(4))) to participate in the Comprehensive Primary Care Plus model tested under section 1115A of such Act (42 U.S.C. 1315a). TITLE III--IMPROVING RURAL REPRESENTATION SEC. 301. INCLUSION OF RURAL REPRESENTATION ON CMS RURAL HEALTH COUNCIL. (a) In General.--To the extent the Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the ``Administrator'') establishes a CMS Rural Health Council, the Administrator shall ensure that such Council includes external stakeholders who have objective rural health expertise, such as representatives of rural health research centers, quality improvement organizations, and State offices of rural health, who shall serve in an ex officio capacity as nonvoting members. (b) Collaboration With Health Care Payment Learning and Action Network.--The Council described in subsection (a) shall, to the extent practicable, work in collaboration with the Health Care Payment Learning and Action Network within the Department of Health and Human Services. SEC. 302. ENSURING RURAL REPRESENTATION ON THE MEDICARE PAYMENT ADVISORY COMMISSION AND THE MEDICAID AND CHIP PAYMENT AND ACCESS COMMISSION. (a) Medicare Payment Advisory Commission.-- (1) In general.--Section 1805(c)(2)(A) of the Social Security Act (42 U.S.C. 1395b-6(c)(2)(A)) is amended by inserting the following before the period at the end: ``, including at least two members who represent a rural area''. (2) Applicable to future appointments.--Any appointment to the Medicare Payment Advisory Commission made by the Comptroller General of the United States after the date of enactment of this Act shall be made in a manner that complies with the requirements of section 1805(c)(2)(A) of the Social Security Act, as amended by paragraph (1). (b) Medicaid and CHIP Payment and Access Commission.-- (1) In general.--Section 1900(c)(2)(A) of the Social Security Act (42 U.S.C. 1396(c)(2)(A)) is amended by inserting the following before the period at the end: ``, including at least two members who represent a rural area''. (2) Applicable to future appointments.--Any appointment to the Medicaid and CHIP Payment and Access Commission made by the Comptroller General of the United States after the date of enactment of this Act shall be made in a manner that complies with the requirements of section 1900(c)(2)(A) of the Social Security Act, as amended by paragraph (1).

Rural Health Care Quality Improvement Act of 2016 This bill amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to: establish certain health care quality measures with respect to rural providers; include such measures within specified Medicare payment models;  revise certain requirements related to specified Medicare grants for rural emergency medical services and critical access hospitals; require the Center for Medicare and Medicaid Innovation to test a hospital readmissions reduction program for rural hospitals, a model for incentivizing rural providers to submit data on applicable quality measures, and value-based payment models for services furnished by rural providers; and require the Centers for Medicare & Medicaid Services to allow rural health clinics and federally qualified health centers to participate in the Comprehensive Primary Care Plus test model.

Rural Health Care Quality Improvement Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Solar Energy Pilot Leasing Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) County.--The term ``County'' means Lincoln County, Nevada. (2) Federal land.--The term ``Federal land'' means any of the Federal land in the State under the administrative jurisdiction of the Bureau of Land Management that is identified as a ``solar development zone'' on the maps. (3) Fund.--The term ``Fund'' means the Renewable Energy Mitigation and Fish and Wildlife Fund established by section 3(d)(5)(A). (4) Map.--The term ``map'' means each of-- (A) the map entitled ``Dry Lake Valley Solar Development Zone'' and dated May 25, 2010; and (B) the map entitled ``Delamar Valley Solar Development Zone'' and dated May 25, 2010. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (6) State.--The term ``State'' means the State of Nevada. SEC. 3. DEVELOPMENT OF SOLAR PILOT PROJECT AREAS ON PUBLIC LAND IN LINCOLN COUNTY, NEVADA. (a) Designation.--In accordance with sections 201 and 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712) and subject to valid existing rights, the Secretary shall designate the Federal land as a solar pilot project area. (b) Applicable Law.--The designation of the solar pilot project area under subsection (a) shall be subject to the requirements of-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any other applicable law (including regulations). (c) Solar Lease Sales.-- (1) In general.--The Secretary shall conduct lease sales and issue leases for commercial solar energy development on the Federal land, in accordance with this subsection. (2) Deadline for lease sales.--Not later than 60 days after the date of enactment of this Act, the Secretary, after consulting with affected governments and other stakeholders, shall conduct lease sales for the Federal land. (3) Easements, special-use permits, and rights-of-way.-- Except for the temporary placement and operation of testing or data collection devices, as the Secretary determines to be appropriate, and the rights-of-way granted under section 301(b)(1) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2413) and BLM Case File N-78803, no new easements, special-use permits, or rights-of-way shall be allowed on the Federal land during the period beginning on the date of enactment of this Act and ending on the date of the issuance of a lease for the Federal land. (4) Diligent development requirements.--In issuing a lease under this subsection, the Secretary shall include work requirements and mandatory milestones-- (A) to ensure that diligent development is carried out under the lease; and (B) to reduce speculative behavior. (5) Land management.--The Secretary shall-- (A) establish the duration of leases issued under this subsection; (B) include provisions in the lease requiring the holder of a lease granted under this subsection-- (i) to furnish a reclamation bond or other form of security determined to be appropriate by the Secretary; (ii) on completion of the activities authorized by the lease-- (I) to restore the Federal land that is subject to the lease to the condition in which the Federal land existed before the lease was granted; or (II) to conduct mitigation activities if restoration of the land to the condition described in subclause (I) is impracticable; and (iii) to comply with such other requirements as the Secretary considers necessary to protect the interests of the public and the United States; and (C)(i) establish best management practices to ensure the sound, efficient, and environmentally responsible development of solar resources on the Federal land in a manner that would avoid, minimize, and mitigate actual and anticipated impacts to habitat and ecosystem function resulting from the development; and (ii) include provisions in the lease requiring renewable energy operators to comply with the practices established under clause (i). (d) Royalties.-- (1) In general.--The Secretary shall establish royalties, fees, rentals, bonuses, and any other payments the Secretary determines to be appropriate to ensure a fair return to the United States for any lease issued under this section. (2) Rate.--Any lease issued under this section shall require the payment of a royalty established by the Secretary by regulation in an amount that is equal to a percentage of the gross proceeds from the sale of electricity at a rate that-- (A) encourages production of solar energy; (B) ensures a fair return to the public comparable to the return that would be obtained on State and private land; and (C) encourages the maximum energy generation practicable using the least amount of land and other natural resources, including water. (3) Royalty relief.--To promote the maximum generation of renewable energy, the Secretary may provide that no royalty or a reduced royalty is required under a lease for a period not to exceed 5 years beginning on the date on which generation is initially commenced on the Federal land subject to the lease. (4) Disposition of proceeds.-- (A) In general.--Of the amounts collected as royalties, fees, rentals, bonuses, or other payments under a lease issued under this section-- (i) 25 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the income is derived; (ii) 25 percent shall be paid by the Secretary of the Treasury to the 1 or more counties within the boundaries of which the income is derived; (iii) 15 percent shall-- (I) for the period beginning on the date of enactment of this Act and ending on the date specified in subclause (II), be deposited in the Treasury of the United States to help facilitate the processing of renewable energy permits by the Bureau of Land Management in the State, subject to subparagraph (B)(i)(I); and (II) beginning on the date that is 10 years after the date of enactment of this Act, be deposited in the Fund; and (iv) 35 percent shall be deposited in the Fund. (B) Limitations.-- (i) Renewable energy permits.--For purposes of subclause (I) of subparagraph (A)(iii)-- (I) not more than $10,000,000 shall be deposited in the Treasury at any 1 time under that subclause; and (II) the following shall be deposited in the Fund: (aa) Any amounts collected under that subclause that are not obligated by the date specified in subparagraph (A)(iii)(II). (bb) Any amounts that exceed the $10,000,000 deposit limit under subclause (I). (ii) Fund.--Any amounts deposited in the Fund under clause (i)(II) or subparagraph (A)(iii)(II) shall be in addition to amounts deposited in the Fund under subparagraph (A)(iv). (5) Renewable energy mitigation and fish and wildlife fund.-- (A) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``Renewable Energy Mitigation and Fish and Wildlife Fund'', to be administered by the Secretary, for use in the State. (B) Use of funds.--Amounts in the Fund shall be available to the Secretary, who may make the amounts available to the State or other interested parties for the purposes of-- (i) mitigating impacts of renewable energy on public land, with priority given to land affected by the solar development zones designated under this Act, including-- (I) protecting wildlife corridors and other sensitive land; and (II) fish and wildlife habitat restoration; and (ii) carrying out activities authorized under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.) in the State. (C) Availability of amounts.--Amounts in the Fund shall be available for expenditure, in accordance with this paragraph, without further appropriation, and without fiscal year limitation. (D) Investment of fund.-- (i) In general.--Any amounts deposited in the Fund shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. (ii) Use.--Any interest earned under clause (i) may be expended in accordance with this paragraph. (e) Priority Development.-- (1) In general.--Within the County, the Secretary shall give highest priority consideration to implementation of the solar lease sales provided for under this Act. (2) Evaluation.--The Secretary shall evaluate other solar development proposals in the County not provided for under this Act in consultation with the State, County, and other interested stakeholders.

American Solar Energy Pilot Leasing Act of 2010 - Directs the Secretary of the Interior, acting through the Director of the Bureau of Land Management (BLM), to: (1) designate specified federal land in Nevada under the administrative jurisdiction of BLM that is identified as a solar development zone as a solar pilot project area; (2) conduct lease sales and issue leases for commercial solar energy development on such land; and (3) include work requirements and mandatory milestones to ensure that diligent development is carried out under such a lease and to reduce speculative behavior. Prohibits (with exceptions) new easements, special-use permits, or rights-of-way on such land from the date of enactment of this Act until the date of the issuance of a lease for such land. Directs the Secretary to: (1) establish the duration of leases issued; (2) include provisions in such a lease requiring the lease holder to furnish a reclamation bond or other form of security and to restore the land or conduct mitigation activities upon completion of authorized activities; (3) establish and ensure compliance with best management practices to ensure the sound, efficient, and environmentally responsible development of solar resources on the land in a manner that would minimize and mitigate impacts to habitat and ecosystem function; and (4) establish royalties, fees, rentals, bonuses, and any other appropriate payments to ensure a fair return to the United States for any lease issued. Sets forth provisions governing royalty rates and proceeds distribution. Establishes in the Treasury a Renewable Energy Mitigation and Fish and Wildlife Fund, which shall be available to the Secretary for providing amounts to states or other interested parties for mitigating impacts of renewable energy on public land and carrying out activities authorized under the Land and Water Conservation Fund Act of 1965. Directs the Secretary: (1) within Lincoln County, Nevada, to give highest priority consideration to implementation of the solar lease sales provided for under this Act; and (2) to evaluate other solar development proposals in the County not provided for under this Act.

To provide for the development of solar pilot project areas on public land in Lincoln County, Nevada.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Education Assistance Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The Holocaust was an historical event that resulted in the systemic, state-sponsored mass murders by Nazi Germany of 6,000,000 Jews, along with millions of others, in the name of racial purity. (2) Six States (California, Florida, Illinois, Massachusetts, New Jersey, and New York) now mandate that the Holocaust be taught in the educational curriculum, and 11 States (Connecticut, Georgia, Indiana, Nevada, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, and Washington) recommend teaching the Holocaust. (3) The Holocaust is a sensitive and difficult issue about which to teach, and to do so effectively, educators need appropriate teaching tools and training to increase their knowledge and to enhance the educational experience. (b) Purposes.--The purposes of this Act are as follows: (1) To educate Americans so that they can-- (A) explore the lessons that the Holocaust provides for all people; and (B) be less susceptible to the falsehood of Holocaust denial and to the destructive messages of hate that arise from Holocaust denial. (2) To provide resources and support for education programs that-- (A) portray accurate historical information about the Holocaust; (B) sensitize communities to the circumstances that gave rise to the Holocaust; (C) convey the lessons that the Holocaust provides for all people; and (D) develop curriculum guides and provide training, to help teachers incorporate into their mainstream disciplines the study of the Holocaust and its lessons. SEC. 3. GRANTS AUTHORIZED. The Secretary is authorized to award grants to educational organizations to carry out proposed or existing Holocaust education programs. SEC. 4. USE OF FUNDS. (a) In General.--An educational organization receiving a grant authorized in section 3 shall use such grant amounts only to carry out the Holocaust education program for which the grant amounts were provided. (b) Requirements.--An educational organization receiving a grant authorized in section 3 shall comply with the following requirements: (1) Continuation of eligibility.--The educational organization shall, throughout the period that the educational organization receives and uses such grant amounts, continue to be an educational organization. (2) Supplementation of existing funds.--The educational organization shall ensure that such grant amounts are used to supplement, and not supplant, non-Federal funds that would otherwise be available to the educational organization to carry out the Holocaust education program for which the grant amounts were provided. (c) Additional Conditions.--The Secretary may require additional terms and conditions in connection with the use of a grant awarded under this Act as the Secretary considers appropriate. SEC. 5. SELECTION CRITERIA. (a) In General.--The Secretary shall award grants in accordance with competitive criteria to be established by the Secretary. (b) Consultation With Holocaust Educators.--In establishing the competitive criteria under subsection (a), the Secretary shall consult with a variety of individuals, to be determined by the Secretary, who are prominent educators in the field of Holocaust education. SEC. 6. APPLICATION. The Secretary may award grant amounts under this Act only to an educational organization that has submitted an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. SEC. 7. REVIEW AND SANCTIONS. (a) Annual Review.--The Secretary shall review, at least annually, each educational organization receiving grant amounts under this Act to determine the extent to which the educational organization has complied with the provisions of this Act. (b) Imposition of Sanctions.--The Secretary may impose sanctions on an educational organization for any failure of the educational organization to comply substantially with the provisions of this Act. The Secretary shall establish the sanctions to be imposed for a failure to comply substantially with the provisions of this Act. SEC. 8. ANNUAL REPORT. Not later than February 1 of each year, the Secretary shall submit to the Senate and House of Representatives a report describing the activities carried out under this Act and containing any related information that the Secretary considers appropriate. SEC. 9. DEFINITIONS. In this Act: (1) Educational organization.--The term ``educational organization'' means an entity-- (A) described in section 501(c)(3) of the Internal Revenue Code of 1986; (B) exempt from tax under section 501(a) of the Internal Revenue Code of 1986; and (C) organized and operated for cultural, literary, or educational purposes. (2) Holocaust education program.--The term ``Holocaust education program'' means a program that-- (A) has as its specific and primary purpose to improve awareness and understanding of the Holocaust; and (B) to achieve such purpose, furnishes one or more of the following: (i) Classes, seminars, or conferences. (ii) Educational materials. (iii) Teacher training. (iv) Any other good or service designed to improve awareness and understanding of the Holocaust. (3) Holocaust.--The term ``Holocaust'' means the historical event that resulted in the systemic, state-sponsored mass murders by Nazi Germany of 6,000,000 Jews, along with millions of others, in the name of racial purity. (4) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 10. REGULATIONS. The Secretary shall issue any regulations necessary to carry out this Act. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $2,000,000 each fiscal year for five fiscal years, beginning with the first fiscal year to commence after the date of enactment of this Act, to remain available until expended.

Holocaust Education Assistance Act - Authorizes the Secretary of Education to make competitive grants to educational organizations to carry out educational programs about the Holocaust.

A bill to authorize the Secretary of Education to make grants to educational organizations to carry out educational programs about the Holocaust.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emigrant Wilderness Preservation Act of 1999''. SEC. 2. OPERATION AND MAINTENANCE OF CERTAIN WATER IMPOUNDMENT STRUCTURES IN THE EMIGRANT WILDERNESS, STANISLAUS NATIONAL FOREST, CALIFORNIA. (a) Cooperative Agreement For Maintenance and Operation.--The Secretary of Agriculture shall enter into a cooperative agreement with a non-Federal entity described in subsection (c), under which the entity will retain, maintain, and operate at private expense the water impoundment structures specified in subsection (b) that are located within the boundaries of the Emigrant Wilderness in the Stanislaus National Forest, California, as designated by section 2(b) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note). (b) Covered Water Impoundment Structures.--The cooperative agreement required by subsection (a) shall cover the water impoundment structures located at the following: (1) Cow Meadow Lake. (2) Y-Meadow Lake. (3) Huckleberry Lake. (4) Long Lake. (5) Lower Buck Lake. (6) Leighton Lake. (7) High Emigrant Lake. (8) Emigrant Meadow Lake. (9) Middle Emigrant Lake. (10) Emigrant Lake. (11) Snow Lake. (12) Bigelow Lake. (c) Eligible Entity.--The following non-Federal entities are eligible to enter into the cooperative agreement under subsection (a): (1) A non-profit organization as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)). (2) The State of California or a political subdivision of the State. (3) A private individual, organization, corporation, or other legal entity. (d) Responsibilities of the Secretary.-- (1) Map.--The Secretary of Agriculture shall prepare a map identifying the location, size, and type of each water impoundment structure covered by the cooperative agreement under subsection (a). (2) Terms and conditions of agreement.--The Secretary shall prescribe the terms and conditions of the cooperative agreement, which shall set forth the rights and obligations of the Secretary and the non-Federal entity. At a minimum, the cooperative agreement shall-- (A) require the non-Federal entity to operate and maintain the water impoundment structures covered by the agreement in accordance with a plan of operations approved by the Secretary; (B) require approval by the Secretary of all operation and maintenance activities to be conducted by the non-Federal entity; (C) require the non-Federal entity to comply with all applicable State and Federal environmental, public health, and safety requirements; and (D) establish enforcement standards, including termination of the cooperative agreement for noncompliance by the non-Federal entity with the terms and conditions. (3) Compliance.--The Secretary shall ensure that the non- Federal entity remains in compliance with the terms and conditions of this section and the cooperative agreement. (e) Responsibilities of the Non-Federal Entity.--The non-Federal entity shall be responsible for-- (1) carrying out its operation and maintenance activities with respect to the water impoundment structures covered by the cooperative agreement under subsection (a) in conformance with this section and the cooperative agreement; and (2) the costs associated with the maintenance and operation of the structures. (f) Prohibition on Use of Mechanized Transport and Motorized Equipment.--The non-Federal entity may not use mechanized transport or motorized equipment-- (1) to operate or maintain the water impoundment structures covered by the cooperative agreement under subsection (a); or (2) to otherwise conduct activities in the Emigrant Wilderness pursuant to the cooperative agreement. (g) Expansion of Agreement to Cover Additional Structures.--In the case of the six water impoundment structures located within the boundaries of the Emigrant Wilderness, but not specified in subsection (b), the Secretary of Agriculture may expand the scope of the cooperative agreement under subsection (a), with the consent of the State of California and the other party to the agreement, to include one or more of these structures, subject to the same terms and conditions as apply to the structures specified in subsection (b). (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $20,000 to cover administrative costs incurred by the Secretary to comply with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in carrying out this section. Passed the House of Representatives November 8, 1999. Attest: JEFF TRANDAHL, Clerk.

Emigrant Wilderness Preservation Act of 1999 - Directs the Secretary of Agriculture, with respect to the Emigrant Wilderness in the Stanislaus National Forest, California, to enter into an agreement with a qualifying non-Federal entity to retain, maintain, and operate at private expense 12 specified water impoundment structures. Authorizes the Secretary to include an additional six water impoundment structures located within the boundaries of the Emigrant Wilderness. Sets forth responsibilities of the Secretary and the non-Federal entity. Prohibits the use of mechanized and motorized transport or equipment to maintain the structures or perform related activities. Authorizes appropriations.

Emigrant Wilderness Preservation Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Decommissioning Assurance Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) full, safe decommissioning of nuclear power plants is a compelling Federal interest, in that-- (A) the public health and safety and the protection of the environment can be guaranteed only if nuclear power plants are adequately decommissioned at the end of their useful lives; and (B) decommissioning obligations cannot be avoided, abandoned, or mitigated, as a matter of public health and safety; (2) electric utilities that own nuclear power plants must be able to collect adequate revenues to ensure that the utilities can satisfy the obligation to fully decommission nuclear power plants in accordance with standards established by the Nuclear Regulatory Commission; (3) the authority of the Nuclear Regulatory Commission to ensure that utilities are able to collect adequate funds so that they can satisfy the decommissioning obligation is limited by the fact that the Commission does not directly establish rates for electric services; (4) many nuclear decommissioning trust funds are not adequate to meet decommissioning obligations, and the current electric rates of collection are not adequate to ensure that there will be adequate funds at the time of decommissioning. (5) potential restructuring of the electric utility industry will exacerbate the problem, because competitive pressure is expected to be placed on current rates, thereby threatening the ability of utility entities to recover funds for decommissioning in electric rates; and (6) there is a Federal interest in establishing a national policy to ensure that electric utilities that own nuclear power plants can recover funds sufficient to satisfy the decommissioning obligation. (b) Purposes.--The purposes of this Act are-- (1) to ensure that electric utilities that own commercial nuclear electric generating plants will be able to satisfy the obligation to decommission the plants, as established by the Nuclear Regulatory Commission; and (2) to provide ratemaking bodies, including the Federal Energy Regulatory Commission, with sufficient authority to provide for recovery of funds for decommissioning. SEC. 3. DEFINITIONS. In this Act: (1) Decommission.--The term ``decommission'' has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or any successor regulation). (2) Decommissioning obligation.--The term ``decommissioning obligation'' means the obligation to pay costs associated with the measures necessary to ensure the continued protection of the public from the dangers of any residual radioactivity or other hazards present at a facility when a nuclear unit is decommissioned. (3) Nuclear decommissioning trust fund.--The term ``nuclear decommissioning trust fund'' has the meaning given the term ``external sinking fund'' in section 50.75(e)(1)(ii) of title 10, Code of Federal Regulations (or any successor regulation). (4) State commission.--The term ``State commission'' has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796). SEC. 4. NUCLEAR DECOMMISSIONING ASSURANCE DETERMINATION BY THE NUCLEAR REGULATORY COMMISSION. (a) Petition.-- (1) In general.--A licensee under part 50 of title 10, Code of Federal Regulations may petition the Nuclear Regulatory Commission for a determination of whether-- (A) adequate amounts have been deposited or are being deposited in the nuclear decommissioning trust fund of the licensee; and (B) the future funding for any nuclear power plant owned in whole or in part by the licensee is assured. (2) Contents.--A petition under paragraph (1) shall disclose-- (A) the licensee's current minimum amount established by the Nuclear Regulatory Commission under section 50.75 of title 10, Code of Federal Regulations for each facility for which the licensee holds a license; (B) the currently effective rates to recover costs for decommissioning obligations as established by the Commission or State commissions, as appropriate; (C) the amount that has been deposited in the nuclear decommissioning trust fund; (D) the planned rate and timing of collection of the costs of the decommissioning obligation through the projected useful life of the facility; and (E) any other information pertinent to the continuing assurance of funding of the nuclear decommissioning trust fund. (b) Determination.--Not later than 180 days of receipt of a petition under paragraph (1), the Nuclear Regulatory Commission shall issue a determination regarding whether the nuclear decommissioning trust fund and the currently approved level of rates to recover the costs of the decommissioning obligation are adequate to ensure full and safe decommissioning of the facility. (c) Considerations.--In making a determination under subsection (b), the Nuclear Regulatory Commission shall consider.-- (1) the current level of funds in the nuclear decommissioning trust fund; (2) the adequacy of the currently approved rates to recover the costs of the decommissioning obligation; (3) the assurance of continuing recovery of such costs through rates; (4) the timing of the recovery of such costs relative to the projected useful life of the plant; and (5) any other information that the Nuclear Regulatory Commission considers pertinent to a determination of the necessary assurance of adequate funding. (d) Adequacy of Minimum Amounts.--Nothing in this Act precludes the Nuclear Regulatory Commission from revising or reconsidering the adequacy of the minimum amounts established under section 50.75(c) of title 10, Code of Federal Regulations. (e) Notice.--The Nuclear Regulatory Commission shall issue notice of its finding to the licensee, the Federal Energy Regulatory Commission, and any other party of record. SEC. 5. AMENDMENT OF THE FEDERAL POWER ACT. (a) Declaration.--Section 201 of the Federal Power Act is amended by adding at the end the following: ``(h) Declaration Regarding Decommissioning.--The decommissioning of nuclear power plants licensed by the Commission is affected with a public interest, and the Federal regulation of matters relating to decommissioning of nuclear power plants, to the extent provided in this part, is necessary in the public interest.''. (b) Nuclear Decommissioning Assurance.--Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ``SEC. 215. NUCLEAR DECOMMISSIONING ASSURANCE. ``(a) Cost Recovery in Wholesale Rates.-- ``(1) In general.--To the extent that the costs of a decommissioning obligation are recovered in wholesale rates, an electric utility that owns a nuclear power facility in whole or in part may apply to the Commission for an order approving rates and charges in connection with the wholesale transmission or sale of electricity to ensure collection of revenues necessary to ensure that there will be adequate funding to satisfy the decommissioning obligation of the electric utility in establishing rates and charges. ``(2) Nuclear decommissioning assurance determination.--In a proceeding under this section, any nuclear decommissioning assurance determination made in a proceeding under section 4 of the Nuclear Decommissioning Assurance Act of 1999 shall be conclusive. ``(3) Denial of request.--If the Commission, by order or by failure to act with 180 days of the filing of a petition, denies in whole or in part an application under paragraph (1) or otherwise fails to allow collection of costs in rates necessary to ensure adequate funding under section 4 of the Nuclear Decommissioning Assurance Act of 1999, the electric utility may seek review of the action under section 313(b). ``(b) Cost Recovery in Retail Rates.--To the extent that the costs of the decommissioning obligation are recovered in retail rates, in a proceeding before a State commission initiated by an electric utility that owns a nuclear power plant in whole or in part for an order approving rates and charges in connection with the distribution of electricity, any nuclear decommissioning assurance determination made by the Commission under section 4 of the Nuclear Decommissioning Assurance Act of 1999 shall be given due consideration, so as to ensure collection of revenues necessary to ensure adequate funding of the nuclear-owning utility's nuclear decommissioning obligations. ``(c) Rates, Terms, and Conditions.-- ``(1) In general.--The Commission and the State commissions shall establish rates, terms, and conditions in response to an application under subsection (a) or (b) not later than 180 days after the date of submission of the application. ``(2) Failure to act.--For purposes of section 313(b), failure of the Commission to comply with paragraph (1) shall be considered a denial and shall be appealable as a final agency action. ``(d) Denial of Request by State Commission.--Notwithstanding any other provision of law, if a State commission, by order or by failure to act within 180 days of the filing of a petition, denies in whole or in part the request under subsection (b) or otherwise fails to allow collection of costs in rates necessary to ensure adequate funding under section 4(b) of the Nuclear Decommissioning Assurance Act of 1999, the electric utility may apply to the United States district court for an order requiring the State commission to establish rates, terms, and conditions necessary to ensure adequate funding under section 4(b) of the Nuclear Decommissioning Assurance Act of 1999.''.

Sets a time frame by which the NRC must issue a determination whether the nuclear decommissioning trust fund and the currently approved decommissioning recovery cost rates are adequate to ensure full and safe facility decommissioning. Details mandatory NRC considerations. Amends the Federal Power Act to permit an electric utility that owns a nuclear power facility in whole or in part to petition the Federal Energy Regulatory Commission (FERC), for an order approving rates and charges in connection with wholesale transmission or sale of electricity to ensure collection of revenues necessary to ensure adequate funding to satisfy its decommissioning obligations. Provides that in such petition proceeding any nuclear decommissioning assurance determination made under this Act shall be conclusive. Permits a utility whose request has been denied to seek judicial review.

Nuclear Decommissioning Assurance Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Improvement Act of 1993''. SEC. 2. BUSINESS ACTIVITY TARGETS. Notwithstanding any other provision of law, in administering the small business and capital ownership development program established by section 7(j)(10) of the Small Business Act, the Administrator of the Small Business Administration shall consider any contract awarded to a program participant before the date of the enactment of this Act under section 8(a)(1)(D) of such Act to be a contract awarded other than pursuant to section 8(a) of such Act for purposes of attainment of business activity targets under regulations issued pursuant to section 7(j)(10)(I)(iii) of such Act. SEC. 3. PROCUREMENT PROCEDURES. Section 8 of the Small Business Act (15 U.S.C. 637) is amended by inserting after subsection (b) the following new subsection: ``(c)(1) To facilitate the attainment of a participating agency's goal regarding the participation of small business concerns owned and controlled by socially and economically disadvantaged individuals pursuant to section 15(g)(1), the head of a participating agency may enter into contracts using-- ``(A) less than full and open competition by restricting the competition for such awards to such small business concerns; or ``(B) a price evaluation preference of not more than 10 percent when evaluating an offer received from such a small business concern as the result of an unrestricted solicitation. ``(2) For purposes of this subsection, the term `participating agency' means any Federal agency, as defined in section 3(b), other than the Department of Defense. ``(3) The authority provided for in paragraph (1) shall remain in effect until September 30, 2000.''. SEC. 4. ELIGIBILITY OF PAST DEVELOPMENT PROGRAM PARTICIPANTS FOR SECTION 8(a) CONTRACT AWARDS. Section (8)(a)(1)(C) of the Small Business Act (15 U.S.C. 637(a)(1)(C)) is amended to read as follows: ``(C) to make an award to a small business concern owned and controlled by socially and economically disadvantaged individuals which has completed its period of Program Participation as prescribed by section 7(j)(15) if-- ``(i) in the case of a competitive award, the prospective contract awardee was a Program Participant eligible for award of the contract on the date specified for receipt of offers contained in the contract solicitation; and ``(ii) in the case of a sole source award, the prospective contract awardee was a Program Participant eligible for award of the contract on the date that the prospective awardee submitted certifications and representations for the contract to the contracting agency.''. SEC. 5. ELIMINATING COMPETITIVE CONTRACTS UNDER SECTION 8(a). Section 8(a)(1) of the Small Business Act (15 U.S.C. 637(a)(1)) is amended-- (1) in subparagraph (B), by striking the semicolon and inserting ``; and''; and (2) by striking subparagraph (D). SEC. 6. CONTINUED ACCESS TO BUSINESS OPPORTUNITIES. Section 8(a)(3) of the Small Business Act (15 U.S.C. 637(a)(3)) is amended by adding at the end the following: ``(E)(i) A contract to furnish products or services to a participating agency shall be competed pursuant to clause (ii) if-- ``(I) there is a reasonable expectation of receiving offers from 2 or more eligible small business concerns owned and controlled by socially and economically disadvantaged individuals which are capable of performing the contract; ``(II) a contract to furnish the same (or substantially similar) products or services is being performed under a contract awarded pursuant to this subsection; and ``(III) the contractor currently performing the contract referred to in subclause (II) will have graduated from the small business and capital ownership development program authorized by section 7(j)(10) prior to the date of issuance of the solicitation for such contract. ``(ii) The head of a participating agency shall restrict the competition for the award of a contract described in clause (i) to small business concerns owned and controlled by socially and economically disadvantaged individuals upon the request of the small business concern described in clause (i)(III). ``(iii) A small business concern described in clause (i)(III) shall be eligible for award of a contract resulting from a restricted competition described in clause (ii) if such small business concern has entered into (and the contracting officer accepts) an agreement to subcontract not less than 20 percent and not more than 50 percent of the award value of the contract to 1 or more small business concerns in the developmental stage of the minority small business and capital ownership development program, as described in section 7(j)(15)(A). ``(iv) The head of a participating agency awarding a contract pursuant to clause (ii) shall ensure that, following completion of a contract awarded pursuant to clause (ii), any follow-on contract for the same (or substantially similar) products or services will be furnished pursuant to a contract awarded under the authority of this subsection. ``(v) For the purposes of this section, the term `participating agency' means any Federal agency, as defined in section 3(b) of this Act. ``(vi) For the purposes of this section, the term `small business' means a business concern with not more than 1500 employees.''. SEC. 7. STUDY OF DEVELOPMENT PROGRAM PARTICIPATION TERMS BY INDUSTRY SECTOR; SUSPENSION OF DEVELOPMENT PROGRAM GRADUATIONS. (a) Study.--Section 10 of the Small Business Act (15 U.S.C. 639) is amended by adding at the end the following: ``(i) The Administration shall authorize a short-term study to determine the appropriate program participation term by industry sector for small business concerns participating in the program authorized by section 7(j)(10) and transmit the results of such study to the President of the Senate, the Speaker of the House of Representatives, and the Committees on Small Business of the Senate and the House of Representatives not later than 1 year after the date of the enactment of this subsection.''. (b) Suspension of Development Program Graduations.--Section 7(j)(10)(C) of such Act (15 U.S.C. 636(j)(10)(C)) is amended-- (1) by redesignating clause (ii) as clause (iii); and (2) by inserting after clause (i) the following new clause: ``(ii) A small business concern participating in any program or activity conducted under the authority of this paragraph or eligible for the award of contracts pursuant to section 8(a) on October 1, 1992, shall be permitted continued participation and eligibility in such program or activity until the latter of-- ``(I) 365 days after the date on which final regulations are issued to implement a law establishing appropriate terms for participation in the Program by industry sector based on the study conducted pursuant to section 10(i); or ``(II) the date on which such participation and eligibility would otherwise expire pursuant to the requirements of this subsection.''. SEC. 8. COMPLIANCE WITH BUY INDIAN ACT. Notwithstanding any other provision of law, if a Federal agency contracts with the Small Business Administration under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) for the acquisition of goods or services to be supplied by a small business concern owned and controlled by members of an economically disadvantaged Indian tribe (or a wholly owned business entity of such tribe) such acquisition shall be considered to be in compliance with section 23 of the Act of June 25, 1910 (36 Stat. 861; 25 U.S.C. 47; popularly known as the ``Buy Indian Act''). SEC. 9. UNIFORM PROCEDURES FOR CONTESTING STATUS OF CONCERNS. Section 16 of the Small Business Act (15 U.S.C. 645) is amended by adding at the end the following new subsection: ``(g) Not later than 120 days after the date of the enactment of this subsection, the Administrator, in cooperation with participating agencies, shall establish uniform procedures for contesting the status of a concern as a `small business concern owned and controlled by socially and economically disadvantaged individuals'.''.

Business Improvement Act of 1993 - Amends the Small Business Act to authorize the head of any participating Federal agency (other than the Department of Defense), in order to facilitate the attainment of such agency's goal regarding the participation in procurement contracts of small businesses owned and controlled by socially and economically disadvantaged individuals, to enter into contracts using: (1) less than full and open competition; or (2) a price evaluation preference of up to ten percent for offers received from such qualifying small businesses. Terminates such authority at the end of FY 2000. Revises the authority of the Administrator of the Small Business Administration (SBA) to continue to award Capital Ownership Development Program (Program) contracts to past Program participants. Eliminates the requirement restricting competition for such contracts to eligible Program participants. Restricts the competition for the award of a contract to furnish products or services to a participating agency to small businesses owned and controlled by socially and economically disadvantaged individuals if there exists a reasonable expectation of receiving offers from two or more of such small businesses. Requires such small business in turn to subcontract a specified percentage of such contract to small businesses in the development stage of the minority small business and capital development program. Directs the SBA Administrator to authorize a short-term study for determining the appropriate program participation term by industry sector for qualifying small businesses and to submit study results to specified congressional officers and committees. Suspends temporarily the termination of eligibility for qualified small businesses for participation in the Program until one year after the completion of such study. Requires compliance with the Buy Indian Act for Federal agencies contracting with the SBA for the acquisition of goods or services supplied by Indian tribes. Directs the Administrator to establish uniform procedures for contesting the status of a small business concern owned and controlled by socially and economically disadvantaged individuals.

Business Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers' Cancer Research Funding Act of 1997''. SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE CANCER RESEARCH FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE CANCER RESEARCH FUND ``Sec. 6098. Designation to Breast and Prostate Cancer Research Fund. ``SEC. 6098. DESIGNATION TO BREAST AND PROSTATE CANCER RESEARCH FUND. ``(a) In General.--Every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $5 or more may designate that $5 shall be paid over to the Breast and Prostate Cancer Research Fund in accordance with the provisions of section 9512. In the case of a joint return of husband and wife having an adjusted income tax liability of $10 or more, each spouse may designate that $5 shall be paid to the fund. ``(b) Adjusted Income Tax Liability.--For purposes of subsection (a), the term `adjusted income tax liability' means, for any individual for any taxable year, the excess (if any) of-- ``(1) the income tax liability (as defined in section 6096(b)) of the individual for the taxable year, over ``(2) any amount designated by the individual (and, in the case of a joint return, any amount designated by the individual's spouse) under section 6096(a) for such taxable year. ``(c) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature.'' (b) Breast and Prostate Cancer Research Fund.--Subchapter A of chapter 98 of such Code (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9512. BREAST AND PROSTATE CANCER RESEARCH FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Breast and Prostate Cancer Research Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Breast and Prostate Cancer Research Fund amounts equivalent to the amounts designated under section 6098. ``(c) Expenditures.--Amounts in the Breast and Prostate Cancer Research Fund shall be available, as provided in appropriation Acts, for purposes of making qualified research grants, to the extent that such amounts exceed the aggregate of all Federal administrative costs attributable to the implementation of section 6098, subsections (a) and (b) of this section, and (with respect to such fund) section 9602. Such amounts shall be used to supplement, not supplant, existing funding for research with respect to breast and prostate cancer. ``(d) Qualified Research Grants.-- ``(1) In general.--For purposes of subsection (c), the term `qualified research grant' means a grant, to a qualified person selected by the National Cancer Institute of the National Institutes of Health by qualified peer review, for the purpose of conducting research with respect to breast or prostate cancer. Such a grant shall be administered by such National Cancer Institute and the amount of such grant shall be determined by such Institute. ``(2) Qualified peer review.--For purposes of paragraph (1), the term `qualified peer review' means peer review described in sections 492 and 492A of the Public Health Service Act.'' (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of income tax payments to Breast and Prostate Cancer Research Fund.'' (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Breast and Prostate Cancer Research Fund.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.

Taxpayers' Cancer Research Funding Act of 1997 - Amends the Internal Revenue Code to allow certain individuals to designate that five dollars (ten dollars in the case of joint returns) be paid over to the Breast and Prostate Cancer Research Fund established by this Act.

Taxpayers' Cancer Research Funding Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Gaming Regulatory Improvement Act of 2001''. SEC. 2. AMENDMENTS TO THE INDIAN GAMING REGULATORY ACT. The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is amended-- (1) in section 4(7) (25 U.S.C. 2703(7)), by adding at the end the following: ``(G) Notwithstanding any other provision of law, sections 1 through 7 of the Act of January 2, 1951 (commonly known as the Gambling Devices Transportation Act (15 U.S.C. 1171-1177)) shall not apply to any gaming described in subparagraph (A)(i) (class II gaming) where electronic, computer, or other technologic aids are used in connection with any such gaming.''; (2) in section 7 (25 U.S.C. 2706)-- (A) in subsection (c)-- (i) in paragraph (3), by striking ``and'' at the end thereof; (ii) by redesignating paragraph (4) as paragraph (5); and (iii) by inserting after paragraph (3), the following: ``(4) the strategic plan for Commission activities.''; and (B) by adding at the end the following: ``(d) Strategic Plan.-- ``(1) In general.--The strategic plan required under subsection (c)(4) shall include-- ``(A) a comprehensive mission statement covering the major functions and operations of the Commission; ``(B) the general goals and objectives, including outcome-related goals and objectives, for the major functions and operations of the Commission; ``(C) a description of how the general goals and objectives are to be achieved, including a description of the operational processes, skills and technology, and the human, capital, information, and other resources required to meet those goals and objectives; ``(D) a performance plan that shall be related to the general goals and objectives of the strategic plan; ``(E) an identification of the key factors external to the Commission and beyond its control that could significantly affect the achievement of the general goals and objectives; and ``(F) a description of the program evaluations used in establishing or revising the general goals and objectives, with a schedule for future program evaluations. ``(2) Term of plan.--The strategic plan shall cover a period of not less than 5 fiscal years beginning with the fiscal year in which the plan is submitted. The strategic plan shall be updated and revised at least every 4 years. ``(3) Performance plan.--The performance plan under paragraph (1)(D) shall be consistent with the strategic plan. In developing the performance plan, the Commission should be consistent with the requirements of section 1115 of title 31, United States Code (the Government Performance and Results Act). ``(4) Consultation.--In developing the strategic plan, the Commission shall consult with the Congress and tribal governments, and shall solicit and consider the views and suggestions of those entities that may be potentially affected by or interested in such a plan.''; (3) in section 11(b)(2)(F)(i) (25 U.S.C. 2710(b)(2)(F)(i)), by striking ``primary management'' and all that follows through ``such officials'' and inserting ``tribal gaming commissioners, key tribal gaming commission employees, and primary management officials and key employees of the gaming enterprise and that oversight of primary management officials and key employees''; (4) in section 18(a) (25 U.S.C. 2717(a))-- (A) in paragraph (1), by striking ``by each'' and all that follows through the period and inserting ``pursuant to section 22(a)''; (B) by striking paragraphs (2) and (3); and (C) by redesignating paragraphs (4) through (6) as paragraphs (2) through (4), respectively; (5) by redesignating section 22 (25 U.S.C. 2721) as section 25; and (6) by inserting after section 21 (25 U.S.C. 2720) the following: ``SEC. 22. FEE ASSESSMENTS. ``(a) Establishment of Schedule of Fees.-- ``(1) In general.--Except as provided in this section, the Commission shall establish a schedule of fees to be paid annually to the Commission by each gaming operation that conducts a class II or class III gaming activity that is regulated by this Act. ``(2) Rates.--The rate of fees under the schedule established under paragraph (1) that are imposed on the gross revenues from each activity described in such paragraph shall be as follows: ``(A) A fee of not more than 2.5 percent shall be imposed on the first $1,500,000 of such gross revenues. ``(B) A fee of not more than 5 percent shall be imposed on amounts in excess of the first $1,500,000 of such gross revenues. ``(3) Total amount.--The total amount of all fees imposed during any fiscal year under the schedule established under paragraph (1) shall not exceed $8,000,000. ``(b) Commission Authorization.-- ``(1) In general.--By a vote of not less than 2 members of the Commission the Commission shall adopt the schedule of fees provided for under this section. Such fees shall be payable to the Commission on a quarterly basis. ``(2) Fees assessed for services.--The aggregate amount of fees assessed under this section shall be reasonably related to the costs of services provided by the Commission to Indian tribes under this Act (including the cost of issuing regulations necessary to carry out this Act). In assessing and collecting fees under this section, the Commission shall take into account the duties of, and services provided by, the Commission under this Act. ``(3) Rulemaking.--The Commission shall promulgate regulations as may be necessary to carry out this subsection. ``(4) Consultation.--In establishing a schedule of fees under this section, the Commission shall consult with Indian tribes. ``(c) Fee Reduction Program.-- ``(1) In general.--In making a determination of the amount of fees to be assessed for any class II or class III gaming activity under the schedule of fees under this section, the Commission may provide for a reduction in the amount of fees that otherwise would be collected on the basis of the following factors: ``(A) The extent of the regulation of the gaming activity involved by a State or Indian tribe (or both). ``(B) The extent of self-regulating activities, as defined by this Act, conducted by the Indian tribe. ``(C) Other factors determined by the Commission, including ``(i) the unique nature of tribal gaming as compared to commercial gaming, other governmental gaming, and charitable gaming; ``(ii) the broad variations in the nature, scale, and size of tribal gaming activity; ``(iii) the inherent sovereign rights of Indian tribes with respect to regulating the affairs of Indian tribes; ``(iv) the findings and purposes under sections 2 and 3; ``(v) the amount of interest or investment income derived from the Indian gaming regulation accounts; and ``(vi) any other matter that is consistent with the purposes under section 3. ``(2) Rulemaking.--The Commission shall promulgate regulations as may be necessary to carry out this subsection. ``(3) Consultation.--In establishing any fee reduction program under this subsection, the Commission shall consult with Indian tribes. ``(d) Indian Gaming Regulation Accounts.-- ``(1) In general.--All fees and civil forfeitures collected by the Commission pursuant to this Act shall be maintained in separate, segregated accounts, and shall only be expended for purposes set forth in this Act. ``(2) Investments.--It shall be the duty of the Commission to invest such portion of the accounts maintained under paragraph (1) as are not, in the judgment of the Commission, required to meet immediate expenses. The Commission shall invest the amounts deposited under this Act only in interest- bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. ``(3) Sale of obligations.--Any obligation acquired by the accounts maintained under paragraph (1), except special obligations issued exclusively to such accounts, may be sold by the Commission at the market price, and such special obligations may be redeemed at par plus accrued interest. ``(4) Credits to the indian gaming regulatory accounts.-- The interest on, and proceeds from, the sale or redemption of any obligations held in the accounts maintained under paragraph (1) shall be credited to and form a part of such accounts. ``SEC. 23. MINIMUM STANDARDS. ``(a) Class I Gaming.--Notwithstanding any other provision of law, class I gaming on Indian lands shall be within the exclusive jurisdiction of the Indian tribes and shall not be subject to the provisions of this Act. ``(b) Class II Gaming.--Effective on the date of enactment of this section, an Indian tribe shall retain primary jurisdiction to regulate class II gaming activities which, at a minimum, shall be conducted in conformity with section 11 and regulations promulgated pursuant to subsection (d). ``(c) Class III Gaming.--Effective on the date of enactment of this section, an Indian tribe shall retain primary jurisdiction to regulate class III gaming activities authorized under this Act. Any class III gaming operated by an Indian tribe pursuant to this Act shall be conducted in conformity with section 11 and regulations promulgated pursuant to subsection (d). ``(d) Rulemaking.-- ``(1) In general.-- ``(A) Promulgation.--Not later than 180 days after the date of enactment of the Indian Gaming Regulatory Improvement Act of 2001, the Commission shall develop procedures under subchapter III of chapter 5 of title 5, United States Code, to negotiate and promulgate regulations relating to-- ``(i) the monitoring and regulation of tribal gaming; ``(ii) the establishment and regulation of internal control systems; and ``(iii) the conduct of background investigation. ``(B) Publication of proposed regulations.--Not later than 1 year after the date of enactment of the Indian Gaming Regulatory Improvement Act of 2001, the Commission shall publish in the Federal Register proposed regulations developed by a negotiated rulemaking committee pursuant to this section. ``(2) Committee.--A negotiated rulemaking committee established pursuant to section 565 of title 5, United States Code, to carry out this subsection shall be composed only of Federal and Indian tribal government representatives, a majority of whom shall be nominated by and be representative of Indian tribes that conduct gaming pursuant to this Act. ``(e) Existing Regulations.--Regulations that establish minimum internal control standards that are promulgated by the Commission and in effect on the date of enactment of this section shall, effective on the date that is 1 year after such date of enactment, have no force or effect. ``SEC. 24. USE OF NATIONAL INDIAN GAMING COMMISSION CIVIL FINES. ``(a) In General.--Amounts collected by the Commission pursuant to section 14 shall be deposited in a separate Indian gaming regulation account as established under section 22(d). Funds in such accounts shall be available to the Commission, as provided for in advance in appropriations Acts, for carrying out this Act. ``(b) Use of Funds.--The Commission may provide grants and technical assistance to Indian tribes from any funds secured by the Commission pursuant to section 14, which funds shall be made available only for the following purposes: ``(1) To provide technical training and other assistance to Indian tribes to strengthen the regulatory integrity of Indian gaming. ``(2) To provide assistance to Indian tribes to assess the feasibility of non-gaming economic development activities on Indian lands. ``(3) To provide assistance to Indian tribes to devise and implement programs and treatment services for individuals diagnosed as problem gamblers. ``(4) To provide other forms of assistance to Indian tribes not inconsistent with the Indian Gaming Regulatory Act. ``(c) Source of Funds.--Amounts used to carry out subsection (b) may only be drawn from funds-- ``(1) collected by the Commission pursuant to section 14; and ``(2) the use of which has been authorized in advance by an appropriations Act. ``(d) Consultation.--In carrying out this section, the Commission shall consult with Indian tribes and any other appropriate tribal or Federal officials. ``(e) Regulations.--The Commission may promulgate such regulations as may be necessary to carry out this section.''.

Indian Gaming Regulatory Improvement Act of 2001 - Amends the Indian Gaming Regulatory Act to make the Gambling Devices Transportation Act inapplicable to class II gaming where electronic, computer, or other technologic aids are used in connection with such gaming. Provides for a strategic plan for National Indian Gaming Commission activities, including a performance plan.Directs the Commission to establish a schedule of fees to be paid annually by each gaming operation that conducts a class II or III Indian gaming activity.Requires all fees and civil forfeitures collected by the Commission pursuant to such Act to be maintained in separate accounts and expended only for the purposes set forth in the Act.Places class I gaming on Indian lands within the exclusive jurisdiction of the Indian tribes. Requires an Indian tribe to retain the primary jurisdiction to regulate class II gaming activities that, at a minimum, shall be conducted in conformity with Federal standards and regulations promulgated by the Commission relating to the: (1) monitoring and regulation of tribal gaming; (2) establishment and regulation of internal control systems; and (3) conduct of background investigation. Requires an Indian tribe to retain primary jurisdiction to regulate class III gaming activities and requires that any such gaming be conducted in conformity with Federal standards and such regulations.Provides that existing regulations that established minimum internal control standards shall have no force or effect one year after the enactment of this Act.Authorizes the Commission, using funds collected from civil fines, to provide grants and technical assistance to Indian tribes for training and assistance related to Indian gaming.

A bill to amend the Indian Gaming Regulatory Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Regulatory Commission Authorization Act for Fiscal Year 2000''. TITLE I--AUTHORIZATION SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2000. (a) Commission.--There are authorized to be appropriated to the Nuclear Regulatory Commission, in accordance with the provisions of section 261 of the Atomic Energy Act of 1954 (42 U.S.C. 2017) and section 305 of the Energy Reorganization Act of 1974 (42 U.S.C. 5875), $465,400,000 for fiscal year 2000 to remain available until expended, of which $19,150,000 is authorized to be appropriated from the Nuclear Waste Fund. (b) Office of Inspector General.--There are authorized to be appropriated to the Nuclear Regulatory Commission's Office of Inspector General, in accordance with the provisions of section 1105(a)(25) of title 31, United States Code, $6,000,000 for fiscal year 2000 to remain available until expended. SEC. 102. ALLOCATION OF AMOUNTS AUTHORIZED. (a) In General.--The amounts authorized to be appropriated under section 101(a) for fiscal year 2000 shall be allocated as follows: (1) Nuclear reactor safety.--$210,043,000 for the Nuclear Reactor Safety Program. (2) Nuclear materials safety.--$63,881,000 for the Nuclear Materials Safety Program. (3) Nuclear waste safety.--$42,143,000 for the Nuclear Waste Safety Program. (4) International nuclear safety support program.-- $4,840,000 may be used for the International Nuclear Safety Support Program. (5) Management and support program.--$144,493,000 for the Management and Support Program. (b) Limitations.--The Nuclear Regulatory Commission may use not more than 1 percent of the amounts allocated under subsection (a) to exercise its authority under section 31 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2051(a)) to make grants and enter into cooperative agreements with organizations such as universities, State and local governments, and not-for-profit institutions. Grants made by the Commission shall be made in accordance with chapter 63 of title 31, United States Code, and other applicable law. (c) Reallocation.-- (1) In general.--Except as provided in paragraphs (2) and (3), any amount allocated for a fiscal year pursuant to any paragraph of subsection (a) for purposes of the program referred to in the paragraph may be reallocated by the Nuclear Regulatory Commission for use in a program referred to in any other paragraph of subsection (a). (2) Limitation.--The amount available from appropriations for use in any program specified in any paragraph of subsection (a) may not, as a result of reallocations made under paragraph (1), be increased or reduced by more than $1,000,000 in a quarter, unless the Committee on Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate are notified in advance by the Commission. The notification shall contain a full and complete statement of the reallocation to be made and the facts and circumstances relied upon in support of the reallocation. (3) Use of certain funds.--Funds authorized to be appropriated from the Nuclear Waste Fund may be used only for the high-level nuclear waste activities of the Commission and may not be reallocated for other Commission activities. SEC. 103. LIMITATION. Notwithstanding any other provision of this Act, no authority to make payments under this Act shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts. SEC. 104. NRC USER FEES AND ANNUAL CHARGES. Section 6101(a)(3) of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214(a)(3)) is amended by striking ``September 30, 1999'' and inserting ``September 30, 2004''. SEC. 105. COST RECOVERY FROM GOVERNMENT AGENCIES. Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201w.) is amended-- (1) by striking ``, or which operates any facility regulated or certified under section 1701 or 1702,''; (2) by striking ``483 a.'' and inserting ``9701''; and (3) by inserting immediately before the period the following: ``, and commencing October 1, 2000, prescribe and collect from any other Government agency any fee, charge, or price which it may require in accordance with such section 9701 or any other law''. TITLE II--OTHER PROVISIONS SEC. 201. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES. Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(k)) is amended to read as follows: ``k. authorize such of its members, officers, and employees as it deems necessary in the interest of the common defense and security to carry firearms while in the discharge of their official duties. The Commission may also authorize-- ``(1) such of those employees of its contractors and subcontractors (at any tier) engaged in the protection of property under the jurisdiction of the United States located at facilities owned by or contracted to the United States or being transported to or from such facilities as it deems necessary in the interests of the common defense and security; and ``(2) such of those employees of persons licensed or certified by the Commission (including employees of contractors of licensees or certificate holders) engaged in the protection of property of (A) facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission, or (B) property of significance to the common defense and security located at facilities owned or operated by a Commission licensee or certificate holder or being transported to or from such facilities; to carry firearms while in the discharge of their official duties. A person authorized to carry firearms under this subsection may, while in the performance of, and in connection with, official duties, make arrests without warrant for any offense against the United States committed in that person's presence or for any felony cognizable under the laws of the United States if that person has reasonable grounds to believe that the individual to be arrested has committed or is committing such felony. An employee of a contractor or subcontractor or of a Commission licensee or certificate holder (or a contractor of a licensee or certificate holder) authorized to carry firearms under this subsection may make such arrests only when the individual to be arrested is within, or in direct flight from, the area of such offense. A person granted authority to make arrests by this subsection may exercise that authority only in the enforcement of laws regarding the property of the United States in the custody of the Department of Energy, the Nuclear Regulatory Commission, or a contractor of the Department of Energy or Nuclear Regulatory Commission or a licensee or certificate holder of the Commission, laws applicable to facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission pursuant to this subsection and property of significance to the common defense and security that is in the custody of a licensee or certificate holder or a contractor of a licensee or certificate holder of the Commission, or any provision of this chapter that may subject an offender to a fine, imprisonment, or both. The arrest authority conferred by this subsection is in addition to any arrest authority under other laws. The Secretary and the Commission, with the approval of the Attorney General, shall issue guidelines to implement this subsection;''. SEC. 202. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS. Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) is amended by adding after ``custody of the Commission'' the following: ``or subject to its licensing authority or to certification by the Commission under this Act or any other Act''. SEC. 203. SABOTAGE OF NUCLEAR FACILITIES OR FUEL. Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is amended to read as follows: ``a. Any person who intentionally and willfully destroys or causes physical damage to, or who intentionally and willfully attempts to destroy or cause physical damage to-- ``(1) any production facility or utilization facility licensed under this Act, ``(2) any nuclear waste storage, treatment, or disposal facility licensed under this Act, ``(3) any nuclear fuel for a utilization facility licensed under this Act or any spent nuclear fuel from such a facility, ``(4) any uranium enrichment or nuclear fuel fabrication facility licensed or certified by the Nuclear Regulatory Commission, ``(5) any production, utilization, waste storage, waste treatment, waste disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the destruction or damage caused or attempted to be caused could affect public health and safety during the operation of the facility, shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both.''. SEC. 204. PERIOD OF A COMBINED LICENSE. Subsection c. of section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) is amended by adding at the end the following: ``In the case of a combined construction and operating license issued under section 185 b., the initial duration of the license may not exceed 40 years from the date on which the Commission finds, prior to operation of the facility, that the acceptance criteria required by such section have been met.''. SEC. 205. OFFICE LOCATION. Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 2033) is amended by striking ``; however, the Commission shall maintain an office for the service of process and papers within the District of Columbia''. SEC. 206. COMMISSION MEETINGS. (a) Conduct of Meetings.--Except as provided in subsection (b), the Nuclear Regulatory Commission shall hold any meeting in accordance with the regulations set forth in sections 9.100 through 9.109 of title 10 of the Code of Federal Regulations, as in effect on January 1, 1985. (b) Transcript Requirement.--The Commission shall maintain a complete transcript or electronic recording adequate to record fully the proceedings of any closed meeting. (c) Definitions.--For the purposes of this section-- (1) Meeting.--The term ``meeting'' has the meaning given such term in section 9.101(c) of title 10 of the Code of Federal Regulations, as in effect on January 1, 1985, and shall be construed to include preliminary discussions, and staff briefings, of a quorum of the members of the Commission involving official Commission business. (2) Closed meeting.--The term ``closed meeting'' has the meaning given such term in section 9.101(d) of title 10 of the Code of Federal Regulations, as in effect on January 1, 1985.

TABLE OF CONTENTS: Title I: Authorization Title II: Other Provisions Nuclear Regulatory Commission Authorization Act for Fiscal Year 2000 - Title I: Authorization - Authorizes appropriations from the Nuclear Waste Fund for FY 2000 for: (1) the Nuclear Regulatory Commission (NRC); and (2) the NRC Office of Inspector General. (Sec. 102) Allocates such appropriations among: (1) Nuclear Reactor Safety; (2) Nuclear Materials Safety; (3) Nuclear Waste Safety; (4) the International Nuclear Safety Support Program; and (5) Management and Support. Prohibits the NRC from using more than one percent of such allocations to make grants and enter into cooperative agreements with organizations such as universities, State and local governments, and not-for-profit institutions. Mandates NRC notification to the Congress as a prerequisite to specified reallocations. Restricts the use of Nuclear Waste Fund appropriations solely to NRC high-level nuclear waste activities. (Sec. 104) Amends the Omnibus Budget Reconciliation Act of 1990 to extend through FY 2004 NRC authority to assess and collect user fees and annual charges. (Sec. 105) Authorizes the NRC, beginning in FY 2001, to assess and collect fees for full cost recovery from other Federal agencies in return for services rendered by the NRC (rather than recover these costs through the annual fees assessed to all NRC licensees). Title II: Other Provisions - Amends the Atomic Energy Act of 1954 to prescribe guidelines for the carrying of firearms and the authority to make arrests by employees or contractors of NRC licensees or certificate holders for the protection of property of significance to the common defense and security located at facilities owned or operated by an NRC licensee or certificate holder or being transported to or from such facilities. (Sec. 202) Authorizes the NRC to issue trespass regulations relating to property subject to its licensing or certification authority. (Sec. 203) Revises the crime of sabotage of Federal nuclear facilities to cover any production, utilization, waste storage, treatment, disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the destruction or damage caused or attempted could affect public health and safety during facility operation. (Sec. 204) Provides that the initial duration of a combined construction and operating license for a production or utilization facility may not exceed 40 years from the date on which the NRC finds, prior to facility operation, that specified statutory acceptance criteria have been met. (Sec. 205) Repeals the requirement that the NRC maintain an office for the service of process and papers within the District of Columbia. (Sec.206) Directs NRC to: (1) hold open meetings in accordance with the Government in the Sunshine Act; and (2) maintain a complete transcript or electronic recording adequate to record fully any closed meeting proceedings.

Nuclear Regulatory Commission Authorization Act for Fiscal Year 2000

SECTION 1. FINDINGS. The Congress finds the following: (1) The United States experienced an extreme shortage of nurses and medical personnel during World War II, and this shortage was filled in part by the 180,000 women of the United States Cadet Nurse Corps. (2) The United States Cadet Nurse Corps was under the jurisdiction of the Public Health Service, a branch of the uniformed services of the United States. (3) The United States Cadet Nurse Corps was established pursuant to the Act of June 15, 1943 (Chapter 126; 57 Stat. 153), commonly known as the Bolton Act in honor of Congresswoman Frances Payne Bolton who introduced the legislation. (4) Few opportunities were available to women, and the United States Cadet Nurse Corps allowed many young women to serve our country the best way they could and fill the domestic nursing shortage in our country. (5) The members of the United States Cadet Nurse Corps were required to undergo training that involved 12-hour days in hospitals followed by classes, with specific standards for admission into the Corps. (6) The members of the United States Cadet Nurse Corps made a pledge upon entrance into their post to be available for military, governmental, or essential civilian services for the duration of World War II. (7) The members of the United States Cadet Nurse Corps wore uniforms with patches certified by the Secretary of the Army and served under the authority of commissioned officers. (8) Members of the United States Cadet Nurse Corps were charged with caring for sick and wounded members of the Armed Forces and performed other duties in promotion of the public interest in connection with military operations. (9) The United States Cadet Nurse Corps was responsible for saving civilian hospital nursing services by providing 80 percent of the nursing staff for civilian hospitals during World War II. (10) Some members of the United States Cadet Nurse Corps left their families and served all across the Nation in various hospitals, occasionally substituting for doctors. (11) The legacy of the Cadet Nurse Corps is manifold, as their service maintained a strong health care system during a severe health shortage, professionalized nursing school education and training, and stimulated interest in the nursing profession and created greater public recognition of nurses. (12) The United States Cadet Nurse Corps, despite their historic and patriotic contributions, remains unrecognized as a military organization and its members remain unrecognized as veterans of the United States Army. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the United States Cadet Nurse Corps, collectively, in recognition of their patriotism and civic activism in a time of emergency during World War II which saved civilian hospital nursing services and provided 80 percent of the nursing staff for civilian hospitals during World War II. (b) Design and Striking.--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 the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the United States Cadet Nurse Corps, the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution shall make the gold medal received under this Act available for display elsewhere, particularly at other locations associated with the Cadet Nurse Corps. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to cover the costs of the medals, including labor, materials, dyes, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Directs the President ProTempore of the Senate and the Speaker of the House of Representatives to arrange for the award of a congressional gold medal in honor of the United States Cadet Nurse Corps, collectively, in recognition of their patriotism and civic activism in a time of emergency during World War II which saved civilian hospital nursing services and provided 80% of the nursing staff for civilian hospitals during World War II. Directs that such medal be given to the Smithsonian Institution to be displayed as appropriate and made available for research. Expresses the sense of Congress that the Smithsonian Institution shall make the gold medal received under this Act available for display elsewhere, particularly at other locations associated with the Corps.

To award a congressional gold medal to the United States Cadet Nurse Corps.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Housing Assistance and Self-Determination Reauthorization Act of 2002''. SEC. 2. REAUTHORIZATION OF THE NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 1996. (a) Block Grants.--Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is amended by striking ``1998, 1999, 2000, and 2001'' and inserting ``1998 through 2007''. (b) Federal Guarantees.--Section 605 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4195) is amended-- (1) in subsection (a), by striking ``1997, 1998, 1999, 2000, and 2001'' and inserting ``1997 through 2007''; and (2) in subsection (b), by striking ``1997, 1998, 1999, 2000, and 2001'' and inserting ``1997 through 2007''. (c) Training and Technical Assistance.--Section 703 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4212) is amended by striking ``1997, 1998, 1999, 2000, and 2001'' and inserting ``1997 through 2007''. (d) Indian Housing Loan Guarantee Fund.--Section 184(i) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)) is amended-- (1) in paragraph (5)(C), by striking ``each fiscal year'' and inserting ``each of fiscal years 1997 through 2007''; and (2) in paragraph (7), by striking ``each fiscal year'' and inserting ``each of fiscal years 1997 through 2007''. SEC. 3. DEFINITIONS. Section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C 4103) is amended by adding at the end the following: ``(22) Housing related community development.-- ``(A) In general.--The term `housing related community development' means any tribally-owned and operated facility, business, activity, or infrastructure that-- ``(i) is necessary to the direct construction of reservation housing; and ``(ii) would help an Indian tribe or its tribally- designated housing authority reduce the cost of construction of Indian housing or otherwise promote the findings of this Act. ``(B) Exclusion.--The term `housing and community development' does not include any activity conducted by any Indian tribe under the Indian Gaming Regulatory Act (25 U.S.C. 2710 et seq.).''. SEC. 4. BLOCK GRANTS AND GRANT REQUIREMENTS. Section 101(h) of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4111(h)) is amended-- (1) in the heading, by inserting ``and Planning'' after ``Administrative''; and (2) by inserting after the word ``Act'' the first place that term appears, the following: ``for comprehensive housing and community development planning activities and''. SEC. 5. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS. Section 104 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4114) is amended-- (1) in subsection (a)(1)-- (A) by striking ``A recipient'' and inserting the following: ``Notwithstanding any other provision of this Act, a recipient''; and (B) by striking subparagraph (B) and inserting the following: ``(B) the recipient has agreed that it will utilize such income for housing related activities in accordance with this Act.''; and (2) in subsection (a)(2)-- (A) in the heading, by inserting ``Restricted Access or'' before the word ``Reduction''; (B) in subparagraph (B), by striking ``or'' at the end; (C) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following: ``(D) whether the recipient has expended retained program income for housing-related activities.''. SEC. 6. REGULATIONS. Section 106(b)(2)(A) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)(A)) is amended by inserting after ``required under this Act'' the following: ``, including any regulations that may be required pursuant to amendments made to this Act after the date of enactment of this Act,''. SEC. 7. FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES. Section 601 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4191) is amended-- (1) in subsection (a), by inserting after ``section 202'' the following: ``and housing related community development activity as consistent with the purposes of this Act''; (2) by striking subsection (b); and (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. SEC. 8. FEASIBILITY STUDIES TO IMPROVE THE DELIVERY OF HOUSING ASSISTANCE IN NATIVE COMMUNITIES. Section 202 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4132) is amended by adding at the end the following: ``(7) Community development demonstration project.-- ``(A) In general.--Consistent with principles of Indian self-determination and the findings of this Act, the Secretary shall conduct and submit to Congress a study of the feasibility of establishing a demonstration project in which Indian tribes, tribal organizations, or tribal consortia are authorized to expend amounts received pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2002 in order to design, implement, and operate community development demonstration projects. ``(B) Study.--Not later than 1 year after the date of enactment of the Native American Housing Assistance and Self- Determination Reauthorization Act of 2002, the Secretary shall submit the study conducted under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the Senate, and the Committee on Financial Services and the Committee on Resources of the House of Representatives. ``(8) Self-determination act demonstration project.-- ``(A) In general.--Consistent with the provisions of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Secretary shall conduct and submit to Congress a study of the feasibility of establishing a demonstration project in which Indian tribes and tribal organizations are authorized to receive assistance in a manner that maximizes tribal authority and decision-making in the design and implementation of Federal housing and related activity funding. ``(B) Study.--Not later than 1 year after the date of enactment of the Native American Housing Assistance and Self- Determination Reauthorization Act of 2002, the Secretary shall submit the study conducted under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the Senate, and the Committee on Financial Services and the Committee on Resources of the House of Representatives.''. SEC. 9. BLACK MOLD INFESTATION STUDY. Not later than 180 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall-- (1) complete a study on the extent of black mold infestation of Native American housing in the United States; and (2) submit to Congress a report that describes recommendations of the Secretary for means by which to address the infestation. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Native American Housing Assistance and Self-Determination Reauthorization Act of 2002 - (Sec. 2) Amends the Native American Housing Assistance and Self-Determination Act of 1996 to reauthorize through FY 2007: (1) block grants; (2) Federal loan guarantees (aggregate fiscal year limitation and credit subsidy); (3) training and technical assistance; and (4) the Indian Housing Loan Guarantee Fund.(Sec. 4) Includes planning among permitted block grant activities.(Sec. 5) Requires a recipient to use program income for housing related activities (currently, only for affordable housing activities).(Sec. 6) Subjects regulations pursuant to any amendments to such Act to negotiated rulemaking procedures.(Sec. 7) Extends Federal loan guarantees to encompass housing-related community development activity. Repeals the requirement that an Indian tribe or its housing entity seek alternative financing before using guaranteed loan funds.(Sec. 8) Directs the Secretary of Housing and Urban Development to study and report to Congress on the feasibility of demonstration projects for possible community development demonstration projects and for self-determination in the design and implementation of Federal housing funding.(Sec. 9) Requires the Secretary to study and report to Congress on the extent of black mold infestation of Native American housing in the United States.

A bill to reauthorize the Native American Housing Assistance and Self-Determination Act of 1996.

to repeal sections 2, 3, and 6 of the Neutrality Act of 1939, and for other purposes (Public Law 77-294; 55 Stat. 764) repealed section 6 of the Neutrality Act of 1939 (related to the arming of United States vessels) and authorized the President during the national emergency to arm or permit to arm any United States vessel. (4) On February 7, 1942, President Franklin D. Roosevelt, through Executive Order Number 9054, established the War Shipping Administration that was charged with building or purchasing, and operating the civilian shipping vessels needed for the war effort. (5) During World War II, United States merchant mariners transported goods and materials through ``contested waters'' to the various combat theaters. (6) At the conclusion of World War II, United States merchant mariners were responsible for transporting several million members of the United States Armed Forces back to the United States. (7) The GI Bill Improvement Act of 1977 (Public Law 95-202) provided that the Secretary of Defense could determine that service for the Armed Forces by organized groups of civilians, or contractors, be considered ``active service'' for benefits administered by the Veterans Administration. (8) Department of Defense Directive 1000.20 directed that the determination be made by the Secretary of the Air Force, and established the Civilian/Military Service Review Board and Advisory Panel. (9) In 1987, three merchant mariners along with the AFL-CIO sued Edward C. Aldridge, Secretary of the Air Force, challenging the denial of their application for veterans status. In Schumacher v. Aldridge (665 F. Supp. 41 (D.D.C. 1987)), the Court determined that Secretary Aldridge had failed to ``articulate clear and intelligible criteria for the administration'' of the application approval process. (10) During World War II, women were repeatedly denied issuance of official documentation affirming their merchant marine seamen status by the War Shipping Administration. (11) Coast Guard Information Sheet #77 (April 1992) identifies the following acceptable forms of documentation for eligibility meeting the requirements set forth in GI Bill Improvement Act of 1977 (Public Law 95-202) and Veterans Programs Enhancement Act of 1998 (Public Law 105-368): (A) Certificate of shipping and discharge forms. (B) Continuous discharge books (ship's deck or engine logbooks). (C) Company letters showing vessel names and dates of voyages. (12) Coast Guard Commandant Order of 20 March, 1944, relieved masters of tugs, towboats, and seagoing barges of the responsibility of submitting reports of seamen shipped or discharged on forms, meaning certificates of shipping and discharge forms are not available to all eligible individuals seeking to document their eligibility. (13) Coast Guard Information Sheet #77 (April 1992) states that ``deck logs were traditionally considered to be the property of the owners of the ships. After World War II, however, the deck and engine logbooks of vessels operated by the War Shipping Administration were turned over to that agency by the ship owners, and were destroyed during the 1970s'', meaning that continuous discharge books are not available to all eligible individuals seeking to document their eligibility. (14) Coast Guard Information Sheet #77 (April 1992) states ``some World War II period log books do not name ports visited during the voyage due to wartime security restrictions'', meaning that company letters showing vessel names and dates of voyages are not available to all eligible individuals seeking to document their eligibility. SEC. 3. METHODS FOR VALIDATING CERTAIN SERVICE CONSIDERED TO BE ACTIVE SERVICE BY THE SECRETARY OF VETERANS AFFAIRS. (a) In General.--For the purposes of verifying that an individual performed service under honorable conditions that satisfies the requirements of a coastwise merchant seaman who is recognized pursuant to section 401 of the GI Bill Improvement Act of 1977 (Public Law 95- 202; 38 U.S.C. 106 note) as having performed active duty service for the purposes described in subsection (c)(1), the Secretary of Homeland Security shall accept the following: (1) In the case of an individual who served on a coastwise merchant vessel seeking such recognition for whom no applicable Coast Guard shipping or discharge form, ship logbook, merchant mariner's document or Z-card, or other official employment record is available, the Secretary shall provide such recognition on the basis of applicable Social Security Administration records submitted for or by the individual, together with validated testimony given by the individual or the primary next of kin of the individual that the individual performed such service during the period beginning on December 7, 1941, and ending on December 31, 1946. (2) In the case of an individual who served on a coastwise merchant vessel seeking such recognition for whom the applicable Coast Guard shipping or discharge form, ship logbook, merchant mariner's document or Z-card, or other official employment record has been destroyed or otherwise become unavailable by reason of any action committed by a person responsible for the control and maintenance of such form, logbook, or record, the Secretary shall accept other official documentation demonstrating that the individual performed such service during period beginning on December 7, 1941, and ending on December 31, 1946. (3) For the purpose of determining whether to recognize service allegedly performed during the period beginning on December 7, 1941, and ending on December 31, 1946, the Secretary shall recognize masters of seagoing vessels or other officers in command of similarly organized groups as agents of the United States who were authorized to document any individual for purposes of hiring the individual to perform service in the merchant marine or discharging an individual from such service. (b) Treatment of Other Documentation.--Other documentation accepted by the Secretary of Homeland Security pursuant to subsection (a)(2) shall satisfy all requirements for eligibility of service during the period beginning on December 7, 1941, and ending on December 31, 1946. (c) Benefits Allowed.-- (1) Burial benefits eligibility.--Service of an individual that is considered active duty pursuant to subsection (a) shall be considered as active duty service with respect to providing burial benefits under chapters 23 and 24 of title 38, United States Code, to the individual. (2) Medals, ribbons, and decorations.--An individual whose service is recognized as active duty pursuant to subsection (a) may be awarded an appropriate medal, ribbon, or other military decoration based on such service. (3) Status of veteran.--An individual whose service is recognized as active duty pursuant to subsection (a) shall be honored as a veteran but shall not be entitled by reason of such recognized service to any benefit that is not described in this subsection. (d) Determination of Coastwise Merchant Seaman.--The Secretary of Homeland Security shall verify that an individual performed service under honorable conditions that satisfies the requirements of a coastwise merchant seaman pursuant to this section without regard to the sex, age, or disability of the individual during the period in which the individual served as such a coastwise merchant seaman. (e) Definition of Primary Next of Kin.--In this section, the term ``primary next of kin'' with respect to an individual seeking recognition for service under this section means the closest living relative of the individual who was alive during the period of such service. (f) Effective Date.--This Act shall take effect 90 days after the date of the enactment of this Act.

World War II Merchant Mariner Service Act - Directs the Secretary of Homeland Security (DHS) to accept additional documentation for verifying that an individual performed honorable service as a coastwise merchant seaman during the period beginning on December 7, 1941, and ending on December 31, 1946, for purposes of eligibility for veterans' benefits under the GI Bill Improvement Act of 1977. Requires such documentation to include Social Security Administration (SSA) records and validated testimony in the case of the absence of Coast Guard shipping or discharge forms, ship logbooks, documents, or other official employment records. Requires the Secretary, when determining whether to recognize service allegedly performed during such period, to recognize masters of seagoing vessels or other command officers who were authorized to document an individual for purposes of hiring for or discharging from the merchant marine. Considers any service so recognized as active-duty service for purposes of veterans' burial benefits. Makes such veterans eligible for any appropriate military medals, ribbons, and decorations. Requires the Secretary to verify that an individual performed such service under honorable conditions without regard to their sex, age, or disability during the service period.

World War II Merchant Mariner Service Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitampering Act of 1999''. SEC. 2. PROHIBITION AGAINST UNAUTHORIZED ALTERATION OF PRODUCT IDENTIFICATION CODES. (a) In General.--Title VIII of the Act entitled ``An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes.'', approved July 5, 1946 (commonly referred to as the ``Lanham Act'' and the ``Trademark Act of 1946'') is amended by inserting after section 43 (15 U.S.C. 1125) the following: ``unauthorized modifications of product identification codes ``Sec. 43A. (a) Definitions.--In this section-- ``(1) the term `consumer'-- ``(A) means-- ``(i) the ultimate user or purchaser of a good; or ``(ii) any hotel, restaurant, or other provider of services that must remove or alter the container, label, or packaging of a good in order to make the good available to the ultimate user or purchaser; and ``(B) does not include any retailer or other distributor who acquires a good for resale; ``(2) the term `good' means any article, product, or commodity that is customarily produced or distributed for sale, rental, or licensing in interstate or foreign commerce, and any container, packaging, label, or component thereof, but does not include any article of clothing; ``(3) the term `manufacturer' includes the original manufacturer of a good and a duly appointed agent or representative of that manufacturer acting within the scope of its agency or representation; ``(4) the term `product identification code'-- ``(A) includes any number, letter, symbol, marking, date (including an expiration date), code, software, or other technology that is affixed to or embedded in any good, by which the manufacturer of the good may trace the good back to a particular production lot or batch or date of removal, or otherwise identify the date of manufacture, the date of expiration, or other comparable critical data; and ``(B) does not include copyright management information conveyed in connection with copies or phonorecords of a copyrighted work or any performance or display of a copyrighted work; ``(5) the term `Universal Product Code' refers to the multidigit bar code and number representing goods in retail applications; and ``(6) the term `value' means the face, par, or market value, whichever is the greatest. ``(b) Prohibited Acts.--Except as otherwise authorized by Federal law, it shall be unlawful for any person, other than the consumer or the manufacturer of a good, knowingly and without authorization of the manufacturer-- ``(1) to directly or indirectly alter, conceal, remove, obliterate, deface, strip, or peel any product identification code affixed to or embedded in that good; ``(2) to directly or indirectly affix or embed a product identification code to or in that good which is intended by the manufacturer for a different good, such that the code no longer accurately identifies the source of the good; ``(3) to directly or indirectly affix to or embed in that good any number, letter, symbol, marking, date, code, or other technology intended to simulate a product identification code; or ``(4) to import, reimport, export, sell, distribute, or broker that good, in a case in which the person knows that the product identification code has been altered, concealed, removed, obliterated, defaced, stripped, peeled, affixed, or embedded in violation of paragraph (1) or (2), or in a case in which the person knows that the good bears an unauthorized number, letter, symbol, marking, date, or other code in violation of paragraph (3). ``(c) Applicability.--The prohibitions set forth in subsection (b) shall apply to product identification codes (or simulated product identification codes in a case to which subsection (b)(3) applies) affixed to, or embedded in, any good held for sale or distribution in interstate or foreign commerce or after shipment therein. ``(d) Exclusion.-- ``(1) UPC codes.--Nothing in this section prohibits a retailer or distributor from affixing a Universal Product Code or other legitimate pricing or inventory code or information required by State or Federal Law if such code or information does not (or can be removed so as not to) permanently alter, conceal, remove, obliterate, deface, strip, or peel any product identification code. ``(2) Repackaging for resale.--(A) Nothing in this section prohibits a distributor from removing an article, product, or commodity of retail sale from a shipping container and placing such article, product, or commodity in another shipping container for purpose of resale in a quantity different from the quantity originally provided by the manufacturer or from replacing a damaged shipping container, if, except as provided in paragraph (1), such article, product, or commodity of retail sale retains its original product identification code, without any obstruction or alteration, and if-- ``(i) such distributor is registered with all applicable Federal and State agencies; ``(ii) such distributor repackages the article, product, or commodity in full compliance with all applicable State and Federal laws and regulations; and ``(iii) the act of repackaging does not result in a prohibited act under section 301 of the Federal Food, Drug, and Cosmetic Act or violate any other applicable State or Federal law or regulation. ``(B) As used in this paragraph, the term `shipping container' means-- ``(i) a container or wrapping used for the transportation of any article, product, or commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; and ``(ii) containers or wrappings used by retailers to ship or deliver any article, product, or commodity to retail customers, if such containers and wrappings bear no printed matter pertaining to any particular article, product, or commodity. ``(e) Criminal Penalties.--Any person who willfully violates this section shall be punished as provided in section 1365A of title 18. ``(f) Civil Remedies.-- ``(1) In general.--Any person who is injured by a violation of this section, or threatened with such injury, may bring a civil action in an appropriate United States district court against the alleged violator. ``(2) Injunctions and impounding and disposition of goods.--In any action under paragraph (1), the court may-- ``(A) grant 1 or more temporary, preliminary, or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain the violation; ``(B) at any time while the action is pending, order the impounding, on such terms as the court determines to be reasonable, of any good that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in the violation; and ``(C) as part of a final judgment or decree-- ``(i) order the destruction of any good involved in the violation that is in the custody or control of the violator or that has been impounded under subparagraph (B); or ``(ii) if the court determines that any good impounded under subparagraph (B) is not unsafe or a hazard to health, dispose of the good by delivery to such Federal, State, or local government agencies as, in the opinion of the court, have a need for such good, or by gift to such charitable or nonprofit institutions as, in the opinion of the court, have a need for such good, if such disposition would not otherwise be in violation of law, and if the manufacturer consents to such disposition and is given the opportunity to reapply a product identification code to the good. ``(3) Damages.-- ``(A) In general.--Subject to subparagraph (B), in any action under paragraph (1), the plaintiff shall be entitled to recover the actual damages suffered by the plaintiff as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. In establishing the violator's profits, the plaintiff shall be required to present proof only of the violator's sales, and the violator shall be required to prove all elements of cost or deduction claimed. ``(B) Statutory damages.--In any action under paragraph (1), the plaintiff may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits described in subparagraph (A), an award of statutory damages for any violation under this section in an amount equal to-- ``(i) not less than $500 and not more than $100,000, with respect to each type of goods involved in the violation; and ``(ii) if the violation threatens the health and safety of the public, as determined by the court, not less than $5,000 and not more than $1,000,000, with respect to each type of goods involved in the violation. ``(4) Costs and attorney's fees.--In any action under paragraph (1)-- ``(A) in addition to any damages recovered under paragraph (3), a prevailing plaintiff may recover the full costs of the action; and ``(B) the court, in its discretion, may also award reasonable attorney fees to the prevailing party. ``(5) Repeat violations.-- ``(A) Treble damages.--In any case in which a person violates this section within 3 years after the date on which a final judgment was entered against that person for a previous violation of this section, the court, in an action brought under this subsection, may increase the award of damages for the later violation to not more than 3 times the amount that would otherwise be awarded under paragraph (3), as the court considers appropriate. ``(B) Burden of proof.--A plaintiff that seeks damages as described in subparagraph (A) shall bear the burden of proving the existence of the earlier violation. ``(6) Limitations on actions.--No civil action may be commenced under this section later than 3 years after the date on which the claimant discovers the violation. ``(7) Innocent violations.--In any action under paragraph (1), the court in its discretion may reduce or remit the total award of damages in any case in which the violator sustains the burden of proving, and the court finds, that the violator was not aware and had no reason to believe that the acts of the violator constituted a violation. ``(g) Enforcement.--The Attorney General shall enforce this section.''. (b) Conforming Amendment.--The heading for title VIII of the Act of July 5, 1946, is amended by striking ``AND DILUTION'' and inserting ``DILUTION, AND ADULTERATION OF PRODUCT CODES''. SEC. 3. CRIMINAL PENALTIES. (a) In General.--Chapter 65 of title 18, United States Code, is amended by inserting after section 1365 the following: ``Sec. 1365A. Criminal tampering with product identification codes ``(a) Criminal Penalties.--Any person who willfully violates section 43A of the Act of July 5, 1946 (commonly referred to as the `Trademark Act of 1946') shall-- ``(1) be fined under this title, imprisoned not more than 1 year, or both; ``(2) if the total retail value of the good or goods involved in the violation is greater than $5,000, be fined under this title, imprisoned not more than 5 years, or both; ``(3) if the person acts with reckless disregard for the risk that the health or safety of the public would be threatened and under circumstances manifesting extreme indifference to such risk, and the violation threatens the health or safety of the public, be fined under this title, imprisoned not more than 10 years, or both; ``(4) if the person acts with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk and-- ``(A) serious bodily injury to any individual results, be fined under this title, imprisoned not more than 20 years, or both; or ``(B) death of an individual results, be fined under this title, imprisoned for any term of years or for life, or both; and ``(5) with respect to any second or subsequent violation, be subject to twice the maximum term of imprisonment that would otherwise be imposed under this subsection, fined under this title, or both. ``(b) Injunctions and Impounding, Forfeiture, and Disposition of Goods.-- ``(1) Injunctions and impounding.--In any prosecution under this section, upon motion of the United States, the court may-- ``(A) grant 1 or more temporary, preliminary, or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain the alleged violation; and ``(B) at any time during the proceedings, order the impounding, on such terms as the court determines to be reasonable, of any good that is in the custody or control of the defendant and that the court has reasonable cause to believe was involved in the violation. ``(2) Forfeiture and disposition of goods.--Upon conviction of any person of a violation of this section, the court shall-- ``(A) order the forfeiture of any good involved in the violation that is in the custody or control of the defendant or that has been impounded under paragraph (1)(B); and ``(B) either-- ``(i) order the destruction of each good forfeited under subparagraph (A); or ``(ii) if the court determines that any good forfeited under subparagraph (A) is not unsafe or a hazard to health, dispose of the good by delivery to such Federal, State, or local government agencies as, in the opinion of the court, have a need for such good, or by gift to such charitable or nonprofit institutions as, in the opinion of the court, have a need for such good, if such disposition would not otherwise be in violation of law and if the manufacturer consents to such disposition and is given the opportunity to reapply a product identification code to the good.''. (b) Conforming Amendment.--The table of sections for chapter 65 of title 18, United States Code, is amended by inserting after the item relating to section 1365 the following: ``1365A. Criminal tampering with product identification codes.''. SEC. 4. ATTORNEY GENERAL REPORTING REQUIREMENTS. Section 2320(f) of title 18, United States Code, is amended-- (1) by inserting ``criminal tampering with product identification codes under section 1365A,'' after ``involve''; and (2) in paragraph (4), by inserting ``1365A,'' after ``sections''.

Subjects violators to liability for: (1) civil and criminal penalties; (2) general and statutory damages; and (3) court costs and attorney's fees. Designates the Attorney General as the chief enforcement official.

Antitampering Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children from Electronic Cigarette Advertising Act of 2014''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) According to the Food and Drug Administration, because electronic cigarettes have not been fully studied, consumers currently do not know-- (A) the potential risks of electronic cigarettes when used as intended; (B) how much nicotine or other potentially harmful chemicals are being inhaled during use; or (C) if there are any benefits associated with using these products. (2) Most electronic cigarettes contain widely varying levels of nicotine, which is a highly addictive drug that impacts the cardiovascular system and can be lethal when delivered in high doses. (3) According to the Surgeon General, adolescents are particularly vulnerable to the adverse effects of nicotine and adolescent exposure to nicotine may have lasting adverse consequences for brain development. (4) Use of electronic cigarettes has risen in youth according to a study by the Centers for Disease Control and Prevention that was released in September 2013, which found that in one year, from 2011 to 2012, the percentage of middle and high school students who had ever used electronic cigarettes more than doubled. (5) Electronic cigarette use may lead children to become addicted to nicotine and could be a gateway to various tobacco products. (6) Marketing of electronic cigarettes to youth is occurring in the form of advertising using cartoons and sponsorships of events popular with youth such as concerts and sporting events. (b) Sense of Congress.--It is the sense of Congress that the Federal Trade Commission should prohibit the advertising, promoting, and marketing in commerce of electronic cigarettes to children as an unfair or deceptive act or practice, in order to protect the health of the youth of the United States. SEC. 3. PROHIBITION ON MARKETING OF ELECTRONIC CIGARETTES TO CHILDREN. (a) Definitions.--In this section: (1) Child.--The term ``child'' means an individual who is under the age of 18 years. (2) Commerce.--The term ``commerce'' has the meaning given such term in section 4 of the Federal Trade Commission Act (15 U.S.C. 44). (3) Electronic cigarette.--The term ``electronic cigarette'' means a battery-operated product designed to deliver nicotine, flavor, or other chemicals and that turns chemicals, such as nicotine, into an aerosol that is inhaled by the user. (b) Prohibition.--No person may advertise, promote, or market in commerce an electronic cigarette in a manner that the person knows or should know will have the effect of increasing the use of an electronic cigarette by a child. (c) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive act or practice.--A violation of subsection (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section 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 section. (B) Privileges and immunities.--Any person who violates this section 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) Rulemaking.--The Federal Trade Commission may promulgate standards and rules to carry out this section in accordance with section 553 of title 5, United States Code. (d) 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 subsection (b) in a practice that violates such subsection, 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 subsection by such person; (B) to compel compliance with such subsection; (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.--For purposes of imposing a civil penalty under paragraph (1)(E) with respect to a person who violates subsection (b), the amount determined under this paragraph is the amount calculated by multiplying the number of days that the person is not in compliance with subsection (b) by an amount not greater than $16,000. (B) 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 subparagraph (A) 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) not later than 10 days 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 subsection (b), 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. (e) Construction.--Nothing in this section shall be construed to limit or diminish the authority of the Food and Drug Administration to regulate the marketing of electronic cigarettes, including the marketing of electronic cigarettes to children. (f) Relation to State Law.--This section shall not be construed as superseding, altering, or affecting any provision of law of a State, except to the extent that such provision of law is inconsistent with the provisions of this section, and then only to the extent of the inconsistency.

Protecting Children from Electronic Cigarette Advertising Act of 2014 - Prohibits advertisement, promotion, or marketing in commerce of electronic cigarettes in a manner that is known, or should be known, to increase the use of electronic cigarettes by children under the age of 18. Defines "electronic cigarette" as a battery-operated product designed to: (1) deliver nicotine, flavor, or other chemicals; and (2) turn chemicals, such as nicotine, into an aerosol that is inhaled by the user. Sets forth authority for: (1) the Federal Trade Commission (FTC) to enforce violations as an unfair or deceptive act or practice, and (2) states to bring civil actions on behalf of residents threatened or adversely affected by such a violation. Establishes a civil penalty to be available in state actions that is calculated by multiplying the number of days that a person is not in compliance with such prohibition by an amount up to $16,000, adjusted annually for inflation. Allows the FTC to intervene and appeal in state actions.

Protecting Children from Electronic Cigarette Advertising Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Commission on the Abolition of Modern-Day Slavery Act''. SEC. 2. MODERN-DAY SLAVERY. In this Act, the term ``modern-day slavery'' means the recruitment, harboring, transportation, receipt, procurement, or control of persons through the use of force, fraud, coercion, abduction, deception, abuse of power, or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of subjection to debt bondage, serfdom, involuntary servitude, forced labor, chattel, forced marriage, peonage, sexual exploitation, or trafficking. SEC. 3. FINDINGS. Congress makes the following findings: (1) The Declaration of Independence recognizes the inherent dignity and worth of all people and states that all people are created equal and are endowed by their Creator with certain unalienable rights, and the right to be free from slavery and involuntary servitude is among those unalienable rights. (2) Despite international laws outlawing modern-day slavery, modern-day slavery affects virtually every country in the world, and as many as 27,000,000 people are victims. Modern-day slavery is one of the fastest growing areas of international criminal activity and is an increasing concern to the United States Administration, Congress, and the international community; the Federal Bureau of Investigation estimated that modern-day slavery generates over $9,000,000,000 every year. (3) Traffickers use threats, intimidation manipulation, coercion, fraud, shame, and violence to force victims into modern-day slavery. Traffickers capitalize on areas of conflict and post-conflict, transitioning states, sudden political change, economic collapse, civil unrest, internal armed conflict, chronic unemployment, widespread poverty, personal disaster, lack of economic opportunity, and natural disasters. (4) Modern-day slavery: contributes to the breakdown of societies due to the loss of family support networks; has a negative impact on the labor market in countries; brutalizes men, women, and children and exposes them to rape, torture, HIV/AIDS and other sexually transmitted diseases, violence, dangerous working conditions, poor nutrition, drug and alcohol addiction, severe psychological trauma from separation, coercion, sexual abuse, and depression; and strips human beings of dignity, respect, and hope for their future. (5) The United States has given priority to combating human trafficking through the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386) and the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109- 164). (6) The State Department issued its sixth congressionally mandated Trafficking in Persons Report (TIP) in June, 2006, which categorizes countries into tiered groups according to the efforts they are making to combat trafficking. The countries that do not cooperate in the fight against trafficking (Tier 3 Countries) have been made subject to United States sanctions since 2003, under the President's direction. SEC. 4. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a congressional Commission on the Abolition of Modern-Day Slavery (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 12 members, of whom-- (A) 3 shall be appointed by the Speaker of the House of Representatives; (B) 3 shall be appointed by the majority leader of the Senate; (C) 3 shall be appointed by the minority leader of the House of Representatives; and (D) 3 shall be appointed by the minority leader of the Senate. (2) Qualifications.--Members of the Commission shall be appointed from among individuals with demonstrated expertise and experience in combating modern-day slavery and trafficking of persons. (3) Date.--The appointments of the members of the Commission shall be made not later than 30 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Cochairpersons.--The Speaker of the House of Representatives shall designate 1 of the members appointed under subsection (b)(1)(A) as a cochairperson of the Commission. The majority leader of the Senate shall designate 1 of the members appointed under subsection (b)(1)(B) as a cochairperson of the Commission. (e) Initial Meeting.--Not later than 60 days after the date of enactment of this Act, the Commission shall hold its first meeting. (f) Meetings.--The Commission shall meet at the call of either cochairperson. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 5. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall-- (A) conduct a thorough and thoughtful study of all matters relating to modern-day slavery, including vulnerabilities of commonly affected populations, such as populations in areas of conflict and post conflict, transitioning states, states undergoing sudden political change, economic collapse, civil unrest, internal armed conflict, chronic unemployment, widespread poverty, lack of opportunity, and national disasters; (B) study the roles of the rule of law, lack of enforcement, and corruption within international law enforcement institutions that allow the proliferation of modern-day slavery; (C) review all relevant governmental programs in existence on the date of the beginning of the study, including the United States Agency for International Development, the Department of State, the Department of Defense, the Department of Labor, the Department of Health and Human Services, the Interagency Task Force to Monitor and Combat Trafficking, and the Human Smuggling and Trafficking Center; and (D) convene additional experts from relevant nongovernmental organizations as part of the Commission's thorough review. (2) Goals.--In making determinations under paragraph (1), the Commission shall seek to promote goals of-- (A) providing a comprehensive and fully integrated evaluation of best practices, to prevent modern-day slavery; (B) providing a comprehensive and fully integrated evaluation of the best practices to rescue and rehabilitate victims of modern-day slavery; (C) providing a comprehensive and fully integrated evaluation of the best practices for prosecution of traffickers and increasing accountability within countries; (D) providing a comprehensive and fully integrated evaluation of exportable models to prevent modern-day slavery, rescue and rehabilitate victims of modern-day slavery, prosecute offenders, and increase education and accountability about modern-day slavery, which could contribute governments, nongovernmental organizations, and institutions; (E) identifying countries which provide the greatest opportunity for abolition of modern-day slavery specific to United States involvement; (F) connecting various organizations to facilitate integration of information regarding identifying, extracting, and rehabilitating victims; (G) examining the economic impact on communities and countries that demonstrate measured success in fighting modern-day slavery; (H) increasing education and awareness about modern-day slavery throughout the United States to decrease modern-day slavery within the United States and abroad; and (I) providing a comprehensive evaluation of best practices to educate high-risk populations. (b) Recommendations.--The Commission shall develop recommendations on how to best combat modern-day slavery, including an economic, social, and judicial evaluation. (c) Report.--Not later than 11 months after the date of enactment of this Act, the Commission shall submit a report to the Speaker and minority leader of the House of Representatives and the majority leader and minority leader of the Senate, which shall contain a detailed statement of the legislation and administrative actions as it considers appropriate. SEC. 6. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out this Act. (b) Information From Governmental Agencies.--The Commission may secure directly from any department or agency such information as the Commission considers necessary to carry out this Act. Upon request of either cochairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. SEC. 7. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government 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 5313 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The cochairpersons of the Commission, acting jointly, may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The cochairpersons of the Commission, acting jointly, may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United Sates Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Federal Government employees may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The cochairpersons of the Commission, acting jointly, may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 8. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 5. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission for fiscal year 2007 such sums as may be necessary to carry out this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expensed.

Congressional Commission on the Abolition of Modern-day Slavery Act - Defines "modern-day slavery." Establishes a congressional Commission on the Abolition of Modern-day Slavery which shall: (1) study matters relating to modern-day slavery, including vulnerabilities of commonly affected populations; (2) study the roles of the rule of law, lack of enforcement, and corruption within international law enforcement institutions that allow the proliferation of modern-day slavery; (3) review relevant governmental programs; and (4) convene additional experts from nongovernmental organizations as part of the Commission's review. States that the Commission shall seek to promote goals of: (1) providing a comprehensive evaluation of best practices to prevent modern-day slavery, to rescue and rehabilitate its victims, and to prosecute traffickers and increase accountability within countries; (2) identifying countries which provide the greatest opportunity for abolition of modern-day slavery specific to U.S. involvement; (3) examining the economic impact on communities and countries that demonstrate measured success in fighting modern-day slavery; and (4) increasing education and awareness about modern-day slavery.

A bill to establish a congressional Commission on the Abolition of Modern-Day Slavery.

SECTION 1. RESTORATION OF MISSING PERSONS AUTHORITIES APPLICABLE TO DEPARTMENT OF DEFENSE AS IN EFFECT BEFORE ENACTMENT OF NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997. (a) Applicability to Department of Defense Civilian Employees and Contractor Employees.--(1) Section 1501 of title 10, United States Code, is amended-- (A) by striking out subsection (c) and inserting in lieu thereof the following: ``(c) Covered Persons.--Section 1502 of this title applies in the case of the following persons: ``(1) Any member of the armed forces on active duty who becomes involuntarily absent as a result of a hostile action, or under circumstances suggesting that the involuntary absence is a result of a hostile action, and whose status is undetermined or who is unaccounted for. ``(2) Any civilian employee of the Department of Defense, and any employee of a contractor of the Department of Defense, who serves with or accompanies the armed forces in the field under orders who becomes involuntarily absent as a result of a hostile action, or under circumstances suggesting that the involuntary absence is a result of a hostile action, and whose status is undetermined or who is unaccounted for.''; and (B) by adding at the end the following new subsection: ``(f) Secretary Concerned.--In this chapter, the term `Secretary concerned' includes, in the case of a civilian employee of the Department of Defense or contractor of the Department of Defense, the Secretary of the military department or head of the element of the Department of Defense employing the employee or contracting with the contractor, as the case may be.''. (2) Section 1503(c) of such title is amended-- (A) in paragraph (1), by striking out ``one military officer'' and inserting in lieu thereof ``one individual described in paragraph (2)''; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph (2): ``(2) An individual referred to in paragraph (1) is the following: ``(A) A military officer, in the case of an inquiry with respect to a member of the armed forces. ``(B) A civilian, in the case of an inquiry with respect to a civilian employee of the Department of Defense or of a contractor of the Department of Defense.''. (3) Section 1504(d) of such title is amended-- (A) in paragraph (1), by striking out ``who are'' and all that follows in that paragraph and inserting in lieu thereof ``as follows: ``(A) In the case of a board that will inquire into the whereabouts and status of one or more members of the armed forces (and no civilians described in subparagraph (B)), the board shall be composed of officers having the grade of major or lieutenant commander or above. ``(B) In the case of a board that will inquire into the whereabouts and status of one or more civilian employees of the Department of Defense or contractors of the Department of Defense (and no members of the armed forces), the board shall be composed of-- ``(i) not less than three employees of the Department of Defense whose rate of annual pay is equal to or greater than the rate of annual pay payable for grade GS-13 of the General Schedule under section 5332 of title 5; and ``(ii) such members of the armed forces as the Secretary considers advisable. ``(C) In the case of a board that will inquire into the whereabouts and status of both one or more members of the armed forces and one or more civilians described in subparagraph (B)-- ``(i) the board shall include at least one officer described in subparagraph (A) and at least one employee of the Department of Defense described in subparagraph (B)(i); and ``(ii) the ratio of such officers to such employees on the board shall be roughly proportional to the ratio of the number of members of the armed forces who are subjects of the board's inquiry to the number of civilians who are subjects of the board's inquiry.''; and (B) in paragraph (4), by striking out ``section 1503(c)(3)'' and inserting in lieu thereof ``section 1503(c)(4)''. (4) Paragraph (1) of section 1513 of such title is amended to read as follows: ``(1) The term `missing person' means-- ``(A) a member of the armed forces on active duty who is in a missing status; or ``(B) a civilian employee of the Department of Defense or an employee of a contractor of the Department of Defense who serves with or accompanies the armed forces in the field under orders and who is in a missing status.''. (b) Report on Preliminary Assessment of Status.--(1) Section 1502 of such title is amended-- (A) in subsection (a)(2)-- (i) by striking out ``10 days'' and inserting in lieu thereof ``48 hours''; and (ii) by striking out ``Secretary concerned'' and inserting in lieu thereof ``theater component commander with jurisdiction over the missing person''; (B) in subsection (a), as amended by subparagraph (A)-- (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (ii) by inserting ``(1)'' after ``Commander.--''; and (iii) by adding at the end the following new paragraph: ``(2) However, if the commander determines that operational conditions resulting from hostile action or combat constitute an emergency that prevents timely reporting under paragraph (1)(B), the initial report should be made as soon as possible, but in no case later than ten days after the date on which the commander receives such information under paragraph (1).''; (C) by redesignating subsection (b) as subsection (c); (D) by inserting after subsection (a), as amended by subparagraphs (A) and (B), the following new subsection (b): ``(b) Transmission Through Theater Component Commander.--Upon reviewing a report under subsection (a) recommending that a person be placed in a missing status, the theater component commander shall ensure that all necessary actions are being taken, and all appropriate assets are being used, to resolve the status of the missing person. Not later than 14 days after receiving the report, the theater component commander shall forward the report to the Secretary of Defense or the Secretary concerned in accordance with procedures prescribed under section 1501(b) of this title. The theater component commander shall include with such report a certification that all necessary actions are being taken, and all appropriate assets are being used, to resolve the status of the missing person.''; and (E) in subsection (c), as redesignated by subparagraph (C), by adding at the end the following new sentence: ``The theater component commander through whom the report with respect to the missing person is transmitted under subsection (b) shall ensure that all pertinent information relating to the whereabouts and status of the missing person that results from the preliminary assessment or from actions taken to locate the person is properly safeguarded to avoid loss, damage, or modification.''. (2) Section 1503(a) of such title is amended by striking out ``section 1502(a)'' and inserting in lieu thereof ``section 1502(b)''. (3) Section 1504 of such title is amended by striking out ``section 1502(a)(2)'' in subsections (a), (b), and (e)(1) and inserting in lieu thereof ``section 1502(a)''. (4) Section 1513 of such title is amended by adding at the end the following new paragraph: ``(8) The term `theater component commander' means, with respect to any of the combatant commands, an officer of any of the armed forces who (A) is commander of all forces of that armed force assigned to that combatant command, and (B) is directly subordinate to the commander of the combatant command.''. (c) Frequency of Subsequent Reviews.--Subsection (b) of section 1505 of such title is amended to read as follows: ``(b) Frequency of Subsequent Reviews.--(1) In the case of a missing person who was last known to be alive or who was last suspected of being alive, the Secretary shall appoint a board to conduct an inquiry with respect to a person under this subsection-- ``(A) on or about three years after the date of the initial report of the disappearance of the person under section 1502(a) of this title; and ``(B) not later than every three years thereafter. ``(2) In addition to appointment of boards under paragraph (1), the Secretary shall appoint a board to conduct an inquiry with respect to a missing person under this subsection upon receipt of information that could result in a change of status of the missing person. When the Secretary appoints a board under this paragraph, the time for subsequent appointments of a board under paragraph (1)(B) shall be determined from the date of the receipt of such information. ``(3) The Secretary is not required to appoint a board under paragraph (1) with respect to the disappearance of any person-- ``(A) more than 30 years after the initial report of the disappearance of the missing person required by section 1502(a) of this title; or ``(B) if, before the end of such 30-year period, the missing person is accounted for.''. (d) Penalties for Wrongful Withholding of Information.--Section 1506 of such title is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): ``(e) Wrongful Withholding.--Except as provided in subsections (a) through (d), any person who knowingly and willfully withholds from the personnel file of a missing person any information relating to the disappearance or whereabouts and status of a missing person shall be fined as provided in title 18 or imprisoned not more than one year, or both.''. (e) Information To Accompany Recommendation of Status of Death.-- Section 1507(b) of such title is amended adding at the end the following new paragraphs: ``(3) A description of the location of the body, if recovered. ``(4) If the body has been recovered and is not identifiable through visual means, a certification by a practitioner of an appropriate forensic science that the body recovered is that of the missing person.''. (f) Scope of Preenactment Review.--(1) Section 1509 of such title is amended-- (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection (c): ``(c) Special Rule for Persons Classified as `KIA/BNR'.--In the case of a person described in subsection (b) who was classified as `killed in action/body not recovered', the case of that person may be reviewed under this section only if the new information referred to in subsection (a) is compelling.''. (2)(A) The heading of such section is amended by inserting ``, special interest'' after ``Preenactment''. (B) The item relating to such section in the table of sections at the beginning of chapter 76 of such title is amended by inserting ``, special interest'' after ``Preenactment''. (g) Effective Date.--The amendments made by this section shall take effect immediately after the enactment of the National Defense Authorization Act for Fiscal Year 1997. Passed the House of Representatives September 27, 1996. Attest: ROBIN H. CARLE, Clerk.

Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.

To amend title 10, United States Code, to restore the provisions of chapter 76 of that title (relating to missing persons) as in effect before the amendments made by the National Defense Authorization Act for Fiscal Year 1997.

SECTION 1. CONTINUED BENEFITS FOR CERTAIN SENATE RESTAURANTS EMPLOYEES. (a) Definitions.--In this section: (1) Contractor.--The term ``contractor'' means the private business concern that enters into a food services contract with the Architect of the Capitol. (2) Covered individual.--The term ``covered individual'' means any individual who-- (A) is a Senate Restaurants employee who is an employee of the Architect of the Capitol on the date of enactment of this Act, including-- (i) a permanent, full-time or part-time employee; (ii) a temporary, full-time or part-time employee; and (iii) an employee in a position described under the second or third provisos under the subheading ``senate office buildings'' under the heading ``Capitol Buildings and Grounds'' under the heading ``ARCHITECT OF THE CAPITOL'' in the Legislative Branch Appropriations Act, 1972 (2 U.S.C. 2048); (B) becomes an employee of the contractor under a food services contract on the transfer date; and (C) with respect to benefits under subsection (c)(2) or (3), files an election before the transfer date with the Office of Human Resources of the Architect of the Capitol to have 1 or more benefits continued in accordance with this section. (3) Food services contract.--The term ``food services contract'' means a contract under which food services operations of the Senate Restaurants are transferred to, and performed by, a private business concern. (4) Transfer date.--The term ``transfer date'' means the date on which a contractor begins the performance of food services operations under a food services contract. (b) Election of Coverage.-- (1) In general.-- (A) Retirement coverage.--Not later than the day before the transfer date, an individual described under subsection (a)(2)(A) and (B) may file an election with the Office of Human Resources of the Architect of the Capitol to continue coverage under the retirement system under which that individual is covered on that day. (B) Life and health insurance coverage.--If the individual files an election under subparagraph (A) to continue retirement coverage, the individual may also file an election with the Office of Human Resources of the Architect of the Capitol to continue coverage of any other benefit under subsection (c)(2) or (3) for which that individual is covered on that day. Any election under this subparagraph shall be filed not later than the day before the transfer date. (2) Notification to the office of personnel management.--The Office of Human Resources of the Architect of the Capitol shall provide timely notification to the Office of Personnel Management of any election filed under paragraph (1). (c) Continuity of Benefits.-- (1) Pay.--The rate of basic pay of a covered individual as an employee of a contractor, or successor contractor, during a period of continuous service may not be reduced to a rate less than the rate of basic pay paid to that individual as an employee of the Architect of the Capitol on the day before the transfer date, except for cause. (2) Retirement and life insurance benefits.-- (A) In general.--For purposes of chapters 83, 84, and 87 of title 5, United States Code-- (i) any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol; and (ii) the rate of basic pay of the covered individual during the period described under clause (i) shall be deemed to be the rate of basic pay of that individual as an employee of the Architect of the Capitol on the date on which the Architect of the Capitol enters into the food services contract. (B) Treatment as civil service retirement offset employees.--In the case of a covered individual who on the day before the transfer date is subject to subchapter III of chapter 83 of title 5, United States Code, but whose employment with the Architect of the Capitol is not employment for purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986-- (i) the employment described under subparagraph (A)(i) shall, for purposes of subchapter III of chapter 83 of title 5, United States Code, be deemed to be-- (I) employment of an individual described under section 8402(b)(2) of title 5, United States Code; and (II) Federal service as defined under section 8349(c) of title 5, United States Code; and (ii) the basic pay described under subparagraph (A)(ii) for employment described under subparagraph (A)(i) shall be deemed to be Federal wages as defined under section 8334(k)(2)(C)(i) of title 5, United States Code. (3) Health insurance benefits.--For purposes of chapters 89, 89A, and 89B of title 5, United States Code, any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol. (4) Leave.-- (A) Credit of leave.--Subject to section 6304 of title 5, United States Code, annual and sick leave balances of any covered individual shall be credited to the leave accounts of that individual as an employee of the contractor, or any successor contractor. A food services contract may include provisions similar to regulations prescribed under section 6308 of title 5, United States Code, to implement this subparagraph. (B) Accrual rate.--During any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, that individual shall continue to accrue annual and sick leave at rates not less than the rates applicable to that individual on the day before the transfer date. (C) Technical and conforming amendment.--The second and third provisos under the subheading ``senate office buildings'' under the heading ``Capitol Buildings and Grounds'' under the heading ``ARCHITECT OF THE CAPITOL'' in the Legislative Branch Appropriations Act, 1972 (2 U.S.C. 2048) are repealed. (5) Transit subsidy.--For purposes of any benefit under section 7905 of title 5, United States Code, any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol. (6) Employee pay; government contributions; transit subsidy payments; and other benefits.-- (A) Payment by contractor.--A contractor, or any successor to the contractor, shall pay-- (i) the pay of a covered individual as an employee of a contractor, or successor contractor, during a period of continuous service; (ii) Government contributions for the benefits of a covered individual under paragraph (2) or (3); (iii) any transit subsidy for a covered individual under paragraph (5); and (iv) any payment for any other benefit for a covered individual in accordance with a food services contract. (B) Reimbursements and payments by architect of the capitol.--From appropriations made available to the Architect of the Capitol under the heading ``Senate Office Buildings'' under the heading ``ARCHITECT OF THE CAPITOL'', the Architect of the Capitol shall-- (i) reimburse a contractor, or any successor contractor, for that portion of any payment under subparagraph (A) which the Architect of the Capitol agreed to pay under a food services contract; and (ii) pay a contractor, or any successor contractor, for any administrative fee (or portion of an administrative fee) which the Architect of the Capitol agreed to pay under a food services contract. (7) Regulations.-- (A) Office of personnel management.-- (i) In general.--After consultation with the Architect of the Capitol, the Director of the Office of Personnel Management shall prescribe regulations to provide for the continuity of benefits under paragraphs (2) and (3). (ii) Contents.--Regulations under this subparagraph shall-- (I) include regulations relating to employee deductions and employee and employer contributions and deposits in the Civil Service Retirement and Disability Fund, the Employees' Life Insurance Fund, and the Employees Health Benefits Fund; and (II) provide for the Architect of the Capitol to perform employer administrative functions necessary to ensure administration of continued coverage of benefits under paragraphs (2) and (3), including receipt and transmission of the deductions, contributions, and deposits described under subclause (I), the collection and transmission of such information as necessary, and the performance of other administrative functions as may be required. (B) Thrift savings plan benefits.--After consultation with the Architect of the Capitol, the Executive Director appointed by the Federal Retirement Thrift Investment Board under section 8474(a) of title 5, United States Code, shall prescribe regulations to provide for the continuity of benefits under paragraph (2) of this subsection relating to subchapter III of chapter 84 of that title. Regulations under this subparagraph shall include regulations relating to employee deductions and employee and employer contributions and deposits in the Thrift Savings Fund. (d) Covered Individuals Not Entitled to Severance Pay.-- (1) In general.--Except as provided under paragraph (2), a covered individual shall not be entitled to severance pay under section 5595 of title 5, United States Code, by reason of-- (A) separation from service with the Architect of the Capitol and becoming an employee of a contractor under a food services contract; or (B) termination of employment with a contractor, or successor to a contractor. (2) Separation during 90-day period.-- (A) In general.-- (i) Covered individuals.--Except as provided under clause (ii), a covered individual shall be entitled to severance pay under section 5595 of title 5, United States Code, if during the 90-day period following the transfer date the employment of that individual with a contractor is terminated as provided under a food services contract. (ii) Exception.--Clause (i) shall not apply to a covered individual who is terminated for cause. (B) Treatment.--For purposes of section 5595 of title 5, United States Code-- (i) any period of continuous service performed by a covered individual described under subparagraph (A) as an employee of a contractor shall be deemed to be a period of service as an employee of the Architect of the Capitol; and (ii) any termination of employment of a covered individual described under subparagraph (A) with a contractor shall be treated as a separation from service with the Architect of the Capitol. (e) Voluntary Separation Incentive Payments.-- (1) Submission of plan.--Not later than 30 days after the date of enactment of this Act, the Architect of the Capitol shall submit a plan under section 210 of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 60q) to the applicable committees as provided under that section. (2) Plan.-- (A) In general.--Notwithstanding section 210(e) of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 60q(e)), the plan submitted under this subsection shall-- (i) offer a voluntary separation incentive payment to any employee described under subsection (a)(2)(A) of this section in accordance with section 210 of that Act; and (ii) offer such a payment to any such employee who becomes a covered individual, if that individual accepts the offer during the 90-day period following the transfer date. (B) Treatment of covered individuals.--For purposes of the plan under this subsection-- (i) any period of continuous service performed by a covered individual as an employee of a contractor shall be deemed to be a period of service as an employee of the Architect of the Capitol; and (ii) any termination of employment of a covered individual with a contractor shall be treated as a separation from service with the Architect of the Capitol. (f) Early Retirement Treatment for Certain Separated Employees.-- (1) In general.--This subsection applies to-- (A) an employee of the Senate Restaurants of the Office of the Architect of the Capitol who-- (i) voluntarily separates from service on or after the date of enactment of this Act, but prior to the day before the transfer date; and (ii) on such date of separation-- (I) has completed 25 years of service as defined under section 8331(12) or 8401(26) of title 5, United States Code; or (II) has completed 20 years of such service and is at least 50 years of age; and (B) except as provided under paragraph (2), a covered individual-- (i) whose employment with a contractor is terminated as provided under a food services contract during the 90-day period following the transfer date; and (ii) on the date of such termination-- (I) has completed 25 years of service as defined under section 8331(12) or 8401(26) of title 5, United States Code; or (II) has completed 20 years of such service and is at least 50 years of age. (2) Exception.--Paragraph (1)(B) shall not apply to a covered individual who is terminated for cause. (3) Treatment.-- (A) Annuity.--Notwithstanding any provision of chapter 83 or 84 of title 5, United States Code, an employee described under paragraph (1) is entitled to an annuity which shall be computed consistent with the provisions of law applicable to annuities under section 8336(d) or 8414(b) of title 5, United States Code. (B) Separation during 90-day period.--For purposes of chapter 83 or 84 of title 5, United States Code-- (i) any period of continuous service performed by a covered individual described under paragraphs (1)(B) and (2) as an employee of a contractor shall be deemed to be a period of service as an employee of the Architect of the Capitol; and (ii) any termination of employment of a covered individual described under paragraphs (1)(B) and (2) with a contractor shall be treated as a separation from service with the Architect of the Capitol. (g) Congressional Accountability Act of 1995.-- (1) Employees of the architect of the capitol.--Section 101(5) of the Congressional Accountability Act of 1995 (2 U.S.C. 1301(5)) is amended by striking ``, the Botanic Garden, or the Senate Restaurant'' and inserting ``or the Botanic Garden''. (2) Disabilities.--Section 210(a)(7) of the Congressional Accountability Act of 1995 (2 U.S.C. 1331(a)(7)) is amended by striking ``the Senate Restaurants and the Botanic Garden'' and inserting ``the Botanic Garden''. (3) Continuing application to certain acts and omissions.--For purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) a covered individual shall be treated as an employee of the Architect of the Capitol with respect to any act or omission which occurred before the transfer date. (h) Deposit of Commissions.-- (1) Senate restaurants food services contract.--Any commissions paid by a contractor under a food services contract shall be deposited in the miscellaneous items account within the contingent fund of the Senate. (2) Use of funds.--Any funds deposited under paragraph (1) shall be available for expenditure in the same manner as funds appropriated into that account. (i) Effective Date.--This Act shall take effect on the date of enactment of this Act and apply to the remainder of the fiscal year in which enacted and each fiscal year thereafter. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes specified Senate Restaurants employees who are employees of the Architect of the Capitol on the date of enactment of this Act and who become employees of a contractor under a food services contract to elect to continue coverage of federal benefits, including retirement benefits, life and health insurance, annual and sick leave balances and accrual rates, and transit subsidies, after operations of the Senate Restaurants are contracted to be performed by a private business concern. Prohibits the basic pay of such an employee from being reduced below the rate paid to that employee on the day before operations are transferred. Requires the Director of the Office of Personnel Management (OPM) to prescribe regulations to provide for the continuity of benefits. Sets forth provisions concerning severance pay and voluntary separation incentive payments to, and early retirement by, such employees.

A bill to provide for certain Federal employee benefits to be continued for certain employees of the Senate Restaurants after operations of the Senate Restaurants are contracted to be performed by a private business concern, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid and SCHIP Beneficiary Choice Improvement Act of 2009''. SEC. 2. EASING ADMINISTRATIVE BARRIERS TO STATE COOPERATION WITH EMPLOYER-SPONSORED INSURANCE COVERAGE. (a) Requiring Some Coverage for Employer-Sponsored Insurance.-- (1) In general.--Section 2102(a) of the Social Security Act (42 U.S.C. 1397b(a)) is amended-- (A) in paragraph (6), by striking ``and'' at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(8) effective for plan years beginning on or after October 1, 2010, how the plan will provide for child health assistance with respect to targeted low-income children who have access to coverage under a group health plan.''. (2) Effective date.--The amendments made by paragraph (1) shall apply beginning on October 1, 2010. (b) Federal Financial Participation for Employer-Sponsored Insurance.--Section 2105 of such Act (42 U.S.C. 1397d) is amended-- (1) in subsection (a)(1)(C), by inserting before the semicolon at the end the following: ``and, subject to paragraph (3)(C) of subsection (c), in the form of payment of the premiums for coverage under a group health plan that includes coverage of targeted low-income children and benefits supplemental to such coverage''; and (2) by amending paragraph (3) of subsection (c) to read as follows: ``(3) Purchase of employer-sponsored insurance.-- ``(A) In general.--Payment may be made to a State under subsection (a)(1)(C), subject to the provisions of this paragraph, for the purchase of family coverage under a group health plan that includes coverage of targeted low-income children unless such coverage would otherwise substitute for coverage that would be provided to such children but for the purchase of family coverage. ``(B) Waiver of certain provisions.--With respect to coverage described in subparagraph (A)-- ``(i) notwithstanding section 2102, no minimum benefits requirement (other than those otherwise applicable with respect to services within the categories of basic services described in section 2103(c)(1) and emergency services) under this title shall apply; and ``(ii) no limitation on beneficiary cost- sharing otherwise applicable under this title or title XIX shall apply. ``(C) Required provision of supplemental benefits.--If the coverage described in subparagraph (A) does not provide coverage for the services in each of the categories of basic services described in section 2103(c)(1) and for emergency services, the State child health plan shall provide coverage of such services as supplemental benefits. ``(D) Limitation on ffp.--The amount of the payment under subsection (a)(1)(C) for coverage described in subparagraph (A) (and supplemental benefits under subparagraph (C) for individuals so covered) during a fiscal year may not exceed the product of-- ``(i) the national per capita expenditure under this title (taking into account both Federal and State expenditures) for the previous fiscal year (as determined by the Secretary using the best available data); ``(ii) the enhanced FMAP for the State and fiscal year involved; and ``(iii) the number of targeted low-income children for whom such coverage is provided. ``(E) Voluntary enrollment.--A State child health plan-- ``(i) may not require a targeted low-income child to enroll in family coverage described in subparagraph (A) in order to obtain child health assistance under this title; ``(ii) before providing such child health assistance for such coverage of a child, shall make available (which may be through an Internet website or other means) to the parent or guardian of the child information on the coverage available under this title, including benefits and cost-sharing; and ``(iii) shall provide at least one opportunity per fiscal year for beneficiaries to switch coverage under this title from coverage described in subparagraph (A) to the coverage that is otherwise made available under this title. ``(F) Information on coverage options.--A State child health plan shall-- ``(i) describe how the State will notify potential beneficiaries of coverage described in subparagraph (A); ``(ii) provide such notification in writing at least during the initial application for enrollment under this title and during redeterminations of eligibility if the individual was enrolled before October 1, 2010; and ``(iii) post a description of these coverage options on any official Internet website that may be established by the State in connection with the plan. ``(G) Semiannual verification of coverage.--If coverage described in subparagraph (A) is provided under a group health plan with respect to a targeted low-income child, the State child health plan shall provide for the collection, at least once every six months, of proof from the plan that the child is enrolled in such coverage. ``(H) Rule of construction.--Nothing in this section is to be construed to prohibit a State from-- ``(i) offering wrap around benefits in order for a group health plan to meet any State-established minimum benefit requirements; ``(ii) establishing a cost-effectiveness test to qualify for coverage under such a plan; ``(iii) establishing limits on beneficiary cost-sharing under such a plan; ``(iv) paying all or part of a beneficiary's cost-sharing requirements under such a plan; ``(v) paying less than the full cost of the employee's share of the premium under such a plan, including prorating the cost of the premium to pay for only what the State determines is the portion of the premium that covers targeted low-income children; ``(vi) using State funds to pay for benefits above the Federal upper limit established under subparagraph (D); ``(vii) allowing beneficiaries enrolled in group health plans from changing plans to another coverage option available under this title at any time; or ``(viii) providing any guidance or information it deems appropriate in order to help beneficiaries make an informed decision regarding the option to enroll in coverage described in subparagraph (A). ``(I) Group health plan defined.--In this paragraph, the term `group health plan' has the meaning given such term in section 2791(a)(1) of the Public Health Service Act (42 U.S.C. 300gg-91(a)(1)).''. SEC. 3. IMPROVING BENEFICIARY CHOICE IN SCHIP. (a) Requiring Offering of Alternative Coverage Options.--Section 2102 of the Social Security Act (42 U.S.C. 1397b), as amended by section 1, is amended-- (1) in subsection (a)-- (A) in paragraph (7), by striking ``and'' at the end; (B) in paragraph (8), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(9) effective for plan years beginning on or after October 1, 2010, how the plan will provide for child health assistance with respect to targeted low-income children through alternative coverage options in accordance with subsection (d).''; and (2) by adding at the end the following new subsection: ``(d) Alternative Coverage Options.-- ``(1) In general.--Effective October 1, 2010, a State child health plan shall provide for the offering of any qualified alternative coverage that a qualified entity seeks to offer to targeted low-income children through the plan in the State. ``(2) Application of uniform financial limitation for all alternative coverage options.--With respect to all qualified alternative coverage offered in a State, the State child health plan shall establish a uniform dollar limitation on the per capita monthly amount that will be paid by the State to the qualified entity with respect to such coverage provided to a targeted low-income child. Such limitation may not be less than 90 percent of the per capita monthly payment made for coverage offered under the State child health plan that is not in the form of an alternative coverage option. Nothing in this paragraph shall be construed-- ``(A) as requiring a State to provide for the full payment of premiums for qualified alternative coverage; ``(B) as preventing a State from charging additional premiums to cover the difference between the cost of qualified alternative coverage and the amount of such payment limitation; ``(C) as preventing a State from using its own funds to provide a dollar limitation that exceeds the Federal financial participation as limited under section 2105(c)(8). ``(3) Qualified alternative coverage defined.--In this section, the term `qualified alternative coverage' means health insurance coverage that-- ``(A) meets the coverage requirements of section 2103; and ``(B) is offered by a qualified insurer, and not directly by the State. ``(4) Qualified insurer defined.--In this section, the term `qualified insurer' means, with respect to a State, an entity that is licensed to offer health insurance coverage in the State.''. (b) Federal Financial Participation for Qualified Alternative Coverage.--Section 2105 of such Act (42 U.S.C. 1397d), as amended by sections 301(a) and 601(a) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-5), is amended-- (1) in subsection (a)(1)(C), by inserting before the semicolon at the end the following: ``and, subject to subsection (c)(12)(C), in the form of payment of the premiums for coverage for qualified alternative coverage''; and (2) by adding at the end of subsection (c) the following new paragraph: ``(12) Purchase of qualified alternative coverage.-- ``(A) In general.--Payment may be made to a State under subsection (a)(1)(C), subject to the provisions of this paragraph, for the purchase of qualified alternative coverage. ``(B) Waiver of certain provisions.--With respect to coverage described in subparagraph (A), no limitation on beneficiary cost-sharing otherwise applicable under this title or title XIX shall apply. ``(C) Limitation on ffp.--The amount of the payment under paragraph (1)(C) for coverage described in subparagraph (A) during a fiscal year in the aggregate for all such coverage in the State may not exceed the product of-- ``(i) the national per capita expenditure under this title (taking into account both Federal and State expenditures) for the previous fiscal year (as determined by the Secretary using the best available data); ``(ii) the enhanced FMAP for the State and fiscal year involved; and ``(iii) the number of targeted low-income children for whom such coverage is provided. ``(D) Voluntary enrollment.--A State child health plan-- ``(i) may not require a targeted low-income child to enroll in coverage described in subparagraph (A) in order to obtain child health assistance under this title; ``(ii) before providing such child health assistance for such coverage of a child, shall make available (which may be through an Internet website or other means) to the parent or guardian of the child information on the coverage available under this title, including benefits and cost-sharing; and ``(iii) shall provide at least one opportunity per fiscal year for beneficiaries to switch coverage under this title from coverage described in subparagraph (A) to the coverage that is otherwise made available under this title. ``(E) Information on coverage options.--A State child health plan shall-- ``(i) describe how the State will notify potential beneficiaries of coverage described in subparagraph (A); ``(ii) provide such notification in writing at least during the initial application for enrollment under this title and during redeterminations of eligibility if the individual was enrolled before October 1, 2010; and ``(iii) post a description of these coverage options on any official website that may be established by the State in connection with the plan. ``(F) Rule of construction.--Nothing in this section is to be construed to prohibit a State from-- ``(i) establishing limits on beneficiary cost-sharing under such alternative coverage; ``(ii) paying all or part of a beneficiary's cost-sharing requirements under such coverage; ``(iii) paying less than the full cost of a child's share of the premium under such coverage, insofar as the premium for such coverage exceeds the limitation established by the State under subparagraph (C); ``(iv) using State funds to pay for benefits above the Federal upper limit established under subparagraph (C); or ``(v) providing any guidance or information it deems appropriate in order to help beneficiaries make an informed decision regarding the option to enroll in coverage described in subparagraph (A).''. SEC. 4. APPLICATION TO MEDICAID. In accordance with rules established by the Secretary of Health and Human Services, the requirements imposed under a State child health plan under title XXI of the Social Security Act under the amendments made by the preceding sections of this subtitle shall apply in the same manner to a State plan under title XIX of such Act, except that-- (1) such requirements shall not apply to individuals whose eligibility for medical assistance under such title is based on being aged, blind, or disabled or to individuals with a category of individuals described in section 1937(a)(2)(B) of such Act; (2) the national per capita expenditures shall be determined based on a benchmark coverage described in section 1937(b)(1) of such Act but without regard to expenditures for individuals described in paragraph (1) or for nursing facility services and other long-term care services (as determined by the Secretary). SEC. 5. EXPANSION OF HEALTH OPPORTUNITY ACCOUNT PROGRAM. (a) In General.--Section 613 of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3) is repealed. (b) Expansion.--Section 1938(a)(2) of the Social Security Act (42 U.S.C. 1396u-8(a)(2)) is amended-- (1) in subparagraph (A) by striking everything following the first sentence; and (2) by striking subparagraph (B).

Medicaid and SCHIP Beneficiary Choice Improvement Act of 2009 - Amends title XXI (State Children's Health Insurance Program) (SCHIP, also known as CHIP) of the Social Security Act to require an SCHIP plan to describe how it will provide for child health assistance with respect to targeted low-income children who have access to coverage under a group health plan. Requires the Secretary of Health and Human Services (HHS) to pay to each state with an approved SCHIP plan a certain amount for the payment of premiums for coverage under an employer-sponsored group health plan that includes coverage of targeted low-income children and benefits supplemental to such coverage. Revises requirements regarding the purchase of employer-sponsored insurance. Prohibits any minimum benefits requirement or any limitation on beneficiary cost-sharing. Declares that, if the basic coverage of such insurance does not extend to each of certain categories of basic services, the plan shall cover such services as supplemental benefits. Prohibits a plan from requiring a targeted low-income child to enroll in family coverage in order to obtain child health assistance. Requires an annual voluntary enrollment period for switching from one plan to another. Requires the offering of alternative coverage options under SCHIP. Prescribes requirements for federal financial participation for qualified alternative coverage. Declares that the requirements imposed under a state child health plan under this Act shall apply in the same manner to a state plan under title XIX (Medicaid), except that: (1) such requirements shall not apply to individuals whose Medicaid eligibility is based on being aged, blind, or disabled or to individuals in certain categories; and (2) the national per capita expenditures shall be determined based on a specified benchmark coverage but without regard to expenditures for such excluded individuals or for nursing facility services and other long-term care (LTC) services. Amends the Children's Health Insurance Program Reauthorization Act of 2009 to repeal the prohibition against the Secretary's approval of any new health opportunity account demonstration programs. Converts the Health Opportunity Account demonstration program into a permanent program.

To amend titles XIX and XXI of the Social Security Act to make certain changes to the State Children's Health Insurance Program and the Medicaid Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fairness in Reimbursement Act of 2001''. SEC. 2. IMPROVING FAIRNESS OF PAYMENTS TO PROVIDERS UNDER THE MEDICARE FEE-FOR-SERVICE PROGRAM. Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``improving fairness of payments under the original medicare fee-for- service program ``Sec. 1897. (a) Establishment of System.--Notwithstanding any other provision of law, the Secretary shall establish a system for making adjustments to the amount of payment made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B. ``(b) System Requirements.-- ``(1) Adjustments.--Under the system described in subsection (a), the Secretary (beginning in 2002) shall make the following adjustments: ``(A) Certain states above national average.--If a State average per beneficiary amount for a year is greater than 105 percent (or 110 percent in the case of the determination made in 2001) of the national average per beneficiary amount for such year, then the Secretary shall reduce the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 105 percent (or 110 percent in the case of payments made in 2002) of the national average per beneficiary amount for such subsequent year. ``(B) Certain states below national average.--If a State average per beneficiary amount for a year is less than 95 percent (or 90 percent in the case of the determination made in 2001) of the national average per beneficiary amount for such year, then the Secretary shall increase the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 95 percent (or 90 percent in the case of payments made in 2002) of the national average per beneficiary amount for such subsequent year. ``(2) Determination of averages.-- ``(A) State average per beneficiary amount.--Each year (beginning in 2001), the Secretary shall determine a State average per beneficiary amount for each State which shall be equal to the Secretary's estimate of the average amount of expenditures under the original medicare fee-for-service program under parts A and B for the year for a beneficiary enrolled under such parts that resides in the State ``(B) National average per beneficiary amount.-- Each year (beginning in 2001), the Secretary shall determine the national average per beneficiary amount which shall be equal to the average of the State average per beneficiary amounts determined under subparagraph (B) for the year. ``(3) Definitions.--In this section: ``(A) Applicable payments.--The term `applicable payments' means payments made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B to beneficiaries enrolled under such parts that reside in the State. ``(B) State.--The term `State' has the meaning given such term in section 210(h). ``(c) Beneficiaries Held Harmless.--The provisions of this section shall not effect-- ``(1) the entitlement to items and services of a beneficiary under this title, including the scope of such items and services; or ``(2) any liability of the beneficiary with respect to such items and services. ``(d) Regulations.-- ``(1) In general.--The Secretary, in consultation with the Medicare Payment Advisory Commission, shall promulgate regulations to carry out this section. ``(2) Protecting rural communities.--In promulgating the regulations pursuant to paragraph (1), the Secretary shall give special consideration to rural areas. ``(e) Budget Neutrality.--The Secretary shall ensure that the provisions contained in this section do not cause the estimated amount of expenditures under this title for a year to increase or decrease from the estimated amount of expenditures under this title that would have been made in such year if this section had not been enacted.''. SEC. 3. IMPROVING FAIRNESS OF PAYMENTS FOR PHYSICIANS' SERVICES UNDER THE MEDICARE FEE-FOR-SERVICE PROGRAM. (a) Adjustment to Geographic Indices Under the Physician Fee Schedule.--Section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w-4(e)(1)) is amended-- (1) in subparagraph (A), by striking ``(B) and (C)'' and inserting (B), (C), and (D)'' in the matter preceding clause (i); (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by adding after subparagraph (C) the following new subparagraph: ``(D) Floor and ceiling on geographic indices.--If any index established under clause (i), (ii), or (iii) of subparagraph (A) or under subparagraph (B), after application of the second sentence of subparagraph (C), is-- ``(i) less that 0.950, the Secretary shall increase such index to 0.950; and ``(ii) greater that 1.05, the Secretary shall reduce such index to 1.05.''. (b) Budget Neutrality Adjustment for Application of Floor and Ceiling on Geographic Adjustment.--Section 1848(d) of the Social Security Act (42 U.S.C. 1395w-4(d)) is amended-- (1) in paragraph (1)(A), by striking ``The conversion'' and inserting ``Subject to paragraph (5), the conversion''; and (2) by adding at the end the following new paragraph: ``(5) Budget neutrality adjustment for application of floor and ceiling on geographic adjustment.--Before applying an update for a year under this subsection, the Secretary shall (if necessary) provide for an adjustment to the conversion factor for that year to ensure that the aggregate payments under this part in that year shall be equal to aggregate payments that would have been made under such part in that year if subsection (e)(1)(D) had not been enacted.''. (c) Effective Date.--The amendments made by this section shall apply to payments for items and services provided on and after January 1, 2002.

Medicare Fairness in Reimbursement Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act to instruct the Secretary of Health and Human Services to establish a system for making adjustments to payments for items and services provided under the original Medicare fee-for-service program, with specified formulae for States whose average per beneficiary amount is: (1) greater than 105 percent of the national average; or (2) less than 95 percent of the national average. Authorizes the Secretary to make specified related adjustments to geographic indices under the Medicare physician fee schedule in certain circumstances.

A bill to amend title XVIII of the Social Security Act to improve the provision of items and services provided to medicare beneficiaries residing in rural areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting U.S. Missile Defense Information Act of 2013''. SEC. 2. REPORT AND BRIEFINGS ON MISSILE DEFENSE DISCUSSIONS BETWEEN THE UNITED STATES AND THE RUSSIAN FEDERATION. (a) Report Required.--The President shall submit to the congressional defense committees a semi-annual report on any discussions on missile defense between the United States Government and the Government of the Russian Federation during the preceding 6-month period. (b) Matters To Be Included.--The report required by subsection (a) shall include the following with respect to any such discussions: (1) The date or dates of the discussions. (2) The official or officials of each government taking part in the discussions. (3) A summary of the discussions. (4) A copy of any documents or other materials exchanged during or as a result of the discussions. (c) Initial Report.--The initial report required by subsection (a) shall be submitted not later than 180 days after the date of the enactment of this Act and in addition to addressing any such discussions during the preceding 6-month period shall also address any such discussions during the 10-year period ending on the date of the enactment of this Act. (d) Form.--The reports required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (e) Congressional Briefings.--In conjunction with the submission of the report required by subsection (a), the President shall brief the congressional defense committees on the matters contained in the report and any other matters relating to the report that the President determines to be appropriate. SEC. 3. REPORTS AND BRIEFINGS ON DECLASSIFICATION OF CERTAIN MISSILE DEFENSE INFORMATION. (a) Report Required.--The President shall submit to the congressional defense committees a semi-annual report on meetings held by the National Disclosure Policy Committee with respect to declassifying documents containing information on the missile defense systems of the United States. (b) Matters To Be Included.--The report required by subsection (a) shall include the following with respect to any such meetings: (1) The date of the meeting. (2) A description of the documents considered by the National Disclosure Policy Committee during the meeting. (3) The determination made by the Committee with respect to declassifying such documents, including a summary of the reasoning used to make such determination. (c) Initial Report.--The initial report required by subsection (a) shall be submitted not later than 180 days after the date of the enactment of this Act and in addition to addressing any such meetings during the preceding 6-month period shall also address any such meetings during the 10-year period ending on the date of the enactment of this Act. (d) Form.--The reports required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (e) Congressional Briefings.--In conjunction with the submission of the report required by subsection (a), the President shall brief the congressional defense committees on the matters contained in the report and any other matters relating to the report that the President determines to be appropriate. SEC. 4. LIMITATION ON FUNDS TO PROVIDE THE RUSSIAN FEDERATION WITH ACCESS TO CERTAIN MISSILE DEFENSE TECHNOLOGY. None of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be used to provide the Russian Federation with access to information regarding-- (1) missile defense technology of the United States relating to hit-to-kill technology; or (2) telemetry data with respect to missile defense interceptors or target vehicles. SEC. 5. LIMITATION ON FUNDS TO NEGOTIATE OR IMPLEMENT EXECUTIVE AGREEMENTS RELATING TO UNITED STATES MISSILE DEFENSE CAPABILITIES. (a) Statement of Policy.--Congress declares that the United States shall not be bound, politically or otherwise, by the terms of any executive agreement relating to the missile defense capabilities of the United States, including basing, locations, capabilities, and numbers of missiles with respect to such missile defense capabilities. (b) Limitation on Funds.--None of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be used-- (1) to negotiate or implement any executive agreement relating to the missile defense capabilities of the United States, including basing, locations, capabilities, and numbers of missiles with respect to such missile defense capabilities; or (2) to implement rules of engagement or Guidance for Employment of Force relating to such executive agreement. (c) Rule of Construction.--Subsection (b) shall not apply with respect to the use of funds to negotiate or implement any executive agreement with a country with respect to which the United States has entered into a treaty of alliance or has a security guarantee. (d) Executive Agreement Defined.--In this section, the term ``executive agreement'' means an international agreement other than-- (1) an agreement that is in the form of a treaty under article II, section 2, clause 2 of the Constitution of the United States; or (2) an agreement that requires implementing legislation to be enacted into law for the agreement to enter into force with respect to the United States. SEC. 6. DISCLOSURE OF AND REPORT ON RUSSIAN FEDERATION SUPPORT OF BALLISTIC MISSILE DEFENSE PROGRAMS OF CHINA, SYRIA, IRAN, AND NORTH KOREA. (a) Disclosure of Support.--The President shall seek to encourage the Government of the Russian Federation to disclose any support by the Russian Federation or Russian entities for the ballistic missile programs of the People's Republic of China, Syria, Iran, or North Korea. (b) Report Required.--The President shall submit to the congressional defense committees a semi-annual report on any disclosure by the Government of the Russian Federation of any such support during the preceding 6-month period. (c) Initial Report.--The initial report required by subsection (b) shall be submitted not later than 180 days after the date of the enactment of this Act and in addition to addressing any such support during the preceding 6-month period shall also address any such support during the 10-year period ending on the date of the enactment of this Act. (d) Form.--The report required by subsection (b) shall be submitted in unclassified form, but may contain a classified annex, if necessary. SEC. 7. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. In this Act, the term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code.

Protecting U.S. Missile Defense Information Act of 2013 - Directs the President to report semiannually to the congressional defense and appropriations committees on: (1) any discussions on missile defense between the U.S. government and the Russian Federation during the preceding six months, and (2) meetings held by the National Disclosure Policy Committee with respect to declassifying documents containing information on U.S. missile defense systems. Requires briefings to such committees in connection with the latter reports. Prohibits Department of Defense (DOD) funds for FY2014 or thereafter from being used to provide the Russian Federation with access to: (1) U.S. missile defense hit-to-kill technology, or (2) telemetry data with respect to missile defense interceptors or target vehicles. Declares that the United States shall not be bound by the terms of any executive agreement relating to U.S. missile defense capabilities, including basing, locations, and numbers of missiles. Prohibits DOD funds for FY2014 or thereafter from being used to: (1) negotiate or implement any executive agreement relating to such capabilities, or (2) implement rules of engagement or guidance for employment of forces relating to such an agreement. Provides an exception with respect to any country with which the United States has entered into a treaty of alliance or a security guarantee. Directs the President to: (1) seek to encourage the Russian Federation to disclose any support provided for the ballistic missile programs of China, Syria, Iran, or North Korea; and (2) submit to the above committees a semiannual report on any such support.

Protecting U.S. Missile Defense Information Act of 2013

SECTION 1. TREATMENT OF EXPORT LEASES. (a) Property Leased to Foreign Persons.--Section 168(g)(1) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (C), (D), (E), and (F), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) any tangible property leased to a foreign person or entity,''. (b) Foreign Person or Entity.--Section 168(g) of such Code is amended by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively, and by inserting after paragraph (4) the following new paragraph: ``(5) Tangible property leased to a foreign person or entity.-- ``(A) Tangible property.--For purposes of paragraph (1)(B), the term `tangible property' means any tangible property other than-- ``(i) nonresidential real property as defined under subsection (h)(1)(E) to the extent it is not subject to a disqualified lease determined under rules similar to the rules of subsection (h)(1)(B), ``(ii) property used by a foreign person or entity if more than 50 percent of the gross income for the taxable year derived by the foreign person or entity from the use of such property is-- ``(I) subject to tax under this chapter, or ``(II) included under section 951 in the gross income of a United States shareholder for the taxable year with or within which ends the taxable year of the controlled foreign corporation in which such income was derived, and ``(iii) property determined under rules similar to the rules of subsection (h)(3). For purposes of clause (ii), any exclusion or exemption shall not apply for purposes of determining the amount of the gross income so derived, but shall apply for purposes of determining the portion of such gross income subject to tax under this chapter. ``(B) Foreign person or entity.--For purposes of this paragraph and paragraph (1)(B)-- ``(i) In general.--The term `foreign person or entity' means-- ``(I) any foreign government, any international organization, or any agency or instrumentality of any of the foregoing, and ``(II) any person who is not a United States person. Such term does not include any foreign partnership or other foreign pass-thru entity. ``(ii) Other pass-thru entities; tiered entities.--In the case of property leased to or owned by a partnership or other pass-thru entity and in the case of tiered partnerships and other entities, rules similar to the rules of paragraphs (5) and (6) of subsection (h) shall apply. For purposes of the preceding sentence, unless it is otherwise established to the satisfaction of the Secretary, it shall be presumed that the partners of a foreign partnership (and the beneficiaries of any other foreign pass-thru entity) are persons who are not United States persons.'' (c) Tax-Exempt Entity.--Section 168(h)(2)(A) of such Code is amended by adding ``and'' at the end of clause (i), by striking ``, and'' at the end of clause (ii) and inserting a period, and by striking clause (iii). (d) Conforming Amendments.-- (1) Section 168(g)(6)(A) of such Code is amended by striking ``paragraph (1)(D)'' and inserting ``paragraph (1)(E)''. (2) Section 168(h)(2) of such Code is amended by striking subparagraphs (B) and (C) and redesignating subparagraphs (D) and (E) as subparagraphs (B) and (C), respectively. (3) Section 168(h)(5) of such Code is amended by striking subparagraph (C). (4) Section 168(h)(7) of such Code is amended by inserting ``subsection (g) and '' before ``this subsection''. (5) Section 168(j)(4)(B)(i) of such Code is amended by striking ``subsection (g)(7)'' and inserting ``subsection (g)(8)''. (6) Section 50(b)(4)(A)(ii) of such Code is amended by striking ``section 168(h)(2)(C)), but only with respect to property to which section 168(h)(2)(A)(iii) applies (determined after the application of section 168(h)(2)(B))'' and inserting ``section 168(g)(5)(B)), but only with respect to property to which section 168(g)(5) applies''. (e) Effective Date.--The amendments made by this section shall apply to leases entered into after the date of the enactment of this Act.

Amends Internal Revenue Code provisions concerning the accelerated cost recovery system to provide that the alternative depreciation system shall be used for tangible property leased to a foreign person or entity.

To amend the Internal Revenue Code of 1986 to enhance the competitiveness of the United States leasing industry.

SECTION 1. GRANTS TO ADDRESS DOMESTIC VIOLENCE IN HEALTH CARE SETTINGS. (a) In General.--The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended by adding at the end the following: ``SEC. 319. GRANTS TO ADDRESS DOMESTIC VIOLENCE IN HEALTH CARE SETTINGS. ``(a) General Purpose Grants.--The Secretary, acting through the Office of Family Violence and Prevention Services of the Administration for Children and Families, may award grants to eligible State and local entities to strengthen the State and local health care system's response to domestic violence by building the capacity of health care professionals and staff to identify, address, and prevent domestic violence. ``(b) State Grants.-- ``(1) In general.--The Secretary may award grants under subsection (a) to entities eligible under paragraph (2) for the conduct of not to exceed 10 Statewide programs for the design and implementation of Statewide strategies to enable health care workers to improve the health care system's response to treatment and prevention of domestic violence as provided for in subsection (d). ``(2) Eligible entities.--To be eligible to receive a grant under paragraph (1) an entity shall-- ``(A) be a State health department, nonprofit State domestic violence coalition, State professional medical society, State health professional association, or other nonprofit or State entity with a documented history of effective work in the field of domestic violence; ``(B) demonstrate to the Secretary that such entity is representing a team of organizations and agencies working collaboratively to strengthen the health care system's response to domestic violence; and ``(C) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(3) Limitation.--The Secretary may not award a grant to a State health department under paragraph (1) unless the State health department can certify that State laws, policies, and practices do not require the mandatory reporting of domestic violence by health care professionals and staff when the victim is an adult. ``(4) Term and amount.--A grant under this section shall be for a term of 4 years and for an amount not to exceed $2,000,000 for each such year. ``(c) Local Demonstration Grants.-- ``(1) In general.--The Secretary may award grants under subsection (a) to entities eligible under paragraph (2) for the conduct of not to exceed 10 demonstration projects for the design and implementation of a strategy to improve the response of local health care professionals and staff to the treatment and prevention of domestic violence. ``(2) Eligible entities.--To be eligible to receive a grant under paragraph (1) an entity shall-- ``(A) be a local health department, local nonprofit domestic violence organization or service provider, local professional medical society or health professional association, or other nonprofit or local government entity that has a documented history of effective work in the field of domestic violence; ``(B) demonstrate to the Secretary that such entity is representing a team of organizations working collaboratively to strengthen the health care system's response to domestic violence; and ``(C) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(3) Term and amount.--A grant under this section shall be for a term of 3 years and for an amount not to exceed $450,000 for each such year. ``(d) Use of Funds.--Amounts provided under a grant under this section shall be used to design and implement comprehensive Statewide and local strategies to improve the health care setting's response to domestic violence in hospitals, clinics, managed care settings, emergency medical services, and other health care systems. Such a strategy shall include-- ``(1) the development, implementation, and dissemination of policies and procedures to guide health care professionals and staff responding to domestic violence; ``(2) the training of, and providing follow-up technical assistance to, health care professionals and staff to screen for domestic violence, and then to appropriately assess, record in medical records, treat, and refer patients who are victims of domestic violence to domestic violence services; ``(3) the implementation of practice guidelines for widespread screening and recording mechanisms to identify and document domestic violence, and the institutionalization of such guidelines and mechanisms in quality improvement measurements such as patient record reviews, staff interviews, patient surveys, or other methods used to evaluate and enhance staff compliance with protocols; ``(4) the development of an on-site program to address the safety, medical, mental health, and economic needs of patients who are victims of domestic violence achieved either by increasing the capacity of existing health care professionals and staff to address these issues or by contracting with or hiring domestic violence advocates to provide the services; ``(5) the development of innovative and effective comprehensive approaches to domestic violence identification, treatment, and prevention models unique to managed care settings, such as-- ``(A) exploring ways to include compensated health care professionals and staff for screening and other services related to domestic violence; ``(B) developing built-in incentives such as billing mechanisms and protocols to encourage health care professionals and staff to implement screening and other domestic violence programs; and ``(C) contracting with community agencies as vendors to provide domestic violence victims access to advocates and services in health care settings; and ``(6) the collection of data, implementation of patient and staff surveys, or other methods of measuring the effectiveness of their programs and for other activities identified as necessary for evaluation by the evaluating agency. ``(e) Evaluation.--The Secretary may use not to exceed 5 percent of the amount appropriated for a fiscal year under subsection (e) to evaluate the economic and health benefits of the programs and activities conducted by grantees under this section and the extent to which the institutionalization of protocols, practice guidelines, and recording mechanisms has been achieved. ``(f) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $24,500,000 for each of the fiscal years 2000 through 2002; and ``(B) $20,000,000 for fiscal year 2003. ``(2) Availability.--Amounts appropriated under paragraph (1) shall remain available until expended.''. (b) Technical Amendment.--Section 305(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10405(a)) is amended-- (A) by striking ``an employee'' and inserting ``one or more employees''; and (B) by striking ``individual'' and inserting ``individuals''.

Amends the Family Violence Prevention and Services Act to direct the Secretary of Health and Human Services to award grants to States and local health care entities to strengthen their response to domestic violence by building the capacity of health care professionals and staff to identify, address, and prevent domestic violence. Prescribes guidelines for State and local demonstration grants. Authorizes appropriations.

A bill to provide grants to strengthen State and local health care systems' response to domestic violence by building the capacity of health care professionals and staff to identify, address, and prevent domestic violence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment Tax Credit Act of 1993''. SEC. 2. INVESTMENT TAX CREDIT. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(4) the general investment credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end thereof the following new subsection: ``(c) General Investment Credit.-- ``(1) In general.--For purposes of section 46, the general investment credit for any taxable year is an amount equal to 10 percent of the qualified investment for such taxable year. ``(2) Qualified investment.-- ``(A) In general.--For purposes of paragraph (1), the qualified investment for any taxable year is the aggregate of-- ``(i) the applicable percentage of the basis of each new qualified investment tax credit property placed in service by the taxpayer during such taxable year, plus ``(ii) the applicable percentage of the cost of each used qualified investment tax credit property placed in service by the taxpayer during such taxable year. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage for any property shall be determined under paragraphs (2) and (7) of section 46(c) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). ``(C) Certain rules made applicable.--The provisions of subsections (b) and (c) of section 48 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this paragraph. ``(3) Qualified investment tax credit property.--The term `qualified investment tax credit property' means tangible property (other than a building, its structural components, or an air conditioning or heating unit), but only if such property-- ``(A) is used as an integral part of manufacturing, production (including agriculture), or extraction or of furnishing transportation, communications, electrical energy, gas, water, waste disposal, or pollution control services, ``(B) constitutes a research facility or research equipment used in connection with any of the activities referred to in subparagraph (A), or ``(C) constitutes a facility used in connection with any of the activities referred to in subparagraph (A) for the bulk storage of fungible commodities (including commodities in a liquid or gaseous state). Such term includes only property to which section 168 applies without regard to any useful life and any other property with respect to which depreciation (or amortization in lieu of depreciation) is allowable and having a useful life (determined as of the time such property is placed in service) of 3 years or more. ``(4) Coordination with other credits.--This subsection shall not apply to any property to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive the application of such credits to such property. ``(5) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection.'' (c) Credit Allowed Against Minimum Tax.--Section 38(c) of such Code is amended by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following new paragraph: ``(2) New investment tax credit may offset 100 percent of minimum tax.-- ``(A) In general.--In the case of a C corporation, the amount determined under paragraph (1)(A) shall be reduced (but not below zero) by the lesser of-- ``(i) the portion of the new investment tax credit not used against the regular limitation, or ``(ii) 100 percent of the taxpayer's tentative minimum tax for the taxable year. ``(B) Portion of new investment tax credit not used against regular limit.--For purposes of subparagraph (A), the portion of the new investment tax credit for any taxable year not used against the regular limitation is the excess (if any) of-- ``(i) the portion of the credit under subsection (a) which is attributable to the application of the general investment credit under section 48(c), over ``(ii) the limitation of paragraph (1) (determined without regard to this paragraph) reduced by the portion of the credit under subsection (a) which is not so attributable. ``(C) Limitation.--In no event shall this paragraph permit the allowance of a credit which would result in a net chapter 1 tax less than an amount equal to 10 percent of the amount determined under section 55(b)(1)(A) without regard to the alternative tax net operating loss deduction. For purposes of the preceding sentence, the term `net chapter 1 tax' means the sum of the regular tax liability for the taxable year and the tax imposed by section 55 for the taxable year, reduced by the sum of the credits allowable under this part for the taxable year (other than under section 34).'' (d) Technical Amendments.-- (1) Subparagraph (C) of section 49(a)(1) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end thereof the following new clause: ``(iv) the basis of any new qualified investment tax credit property and the cost of any used qualified investment tax credit property.'' (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(5)'' before the period at the end thereof. (3) Paragraph (5) of section 50(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(D) Special rules for certain property.--In the case of any qualified investment tax credit property which is 3-year property (within the meaning of section 168(e))-- ``(i) the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, ``(ii) the percentage set forth in clause (iii) of such table shall be 33 percent, and ``(iii) clauses (iv) and (v) of such table shall not apply.'' (4)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (e) Effective Date.--The amendments made by this section shall apply to periods after December 31, 1992, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Investment Tax Credit Act of 1993 - Amends the Internal Revenue Code to reinstate the ten-percent investment tax credit for property used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, waste disposal, or pollution control services. Allows such tax to offset 100 percent of a C corporation's minimum tax.

Investment Tax Credit Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Growing Small Businesses Act''. SEC. 2. CREDIT FOR QUALIFYING PRODUCTION FACILITIES. (a) Income Tax Credit.-- (1) In general.--Section 46 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``and'' at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ``, and''; and (C) by adding at the end the following new paragraph: ``(7) the qualifying production facility credit.''. (2) Amount of credit.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48D the following new section: ``SEC. 48E. CREDIT FOR QUALIFYING PRODUCTION FACILITIES. ``(a) In General.--For purposes of section 46, in the case of an eligible employer, the qualifying production facility credit for any taxable year is an amount equal to 25 percent of the basis of eligible property placed in service during the taxable year. ``(b) Eligible Employer.--For purposes of this section-- ``(1) In general.--The term `eligible employer' means any employer-- ``(A) which has no more than 50 full-time equivalent employees (within the meaning of section 45R(d)(2)) for the taxable year, and ``(B) which has not (prior to placing in service the production facility designated for purposes of this section) placed in service a dedicated facility for the production of goods for sale. ``(2) Safe harbor.-- ``(A) In general.--An employer shall not be treated as having previously placed in service a facility described in paragraph (1)(B) if-- ``(i) a credit under this section has not previously been allowed to the employer, and ``(ii) the cost of applicable property placed into service by the employer for each taxable year during the 5-taxable-year period ending immediately before the taxable year did not exceed $7,500. ``(B) Applicable property.--For purposes of subparagraph (A), the term `applicable property' means personal property which would have qualified as eligible property under subsection (c)(1)(B) if such property were placed in service by an eligible employer at a qualified production facility after enactment of this Act for the production of a qualifying product. ``(3) Self-employed individual treated as employee.--For purposes of paragraph (1)(A), the term employee includes an individual described in section 401(c)(1). ``(c) Eligible Property.--For purposes of this section-- ``(1) In general.--The term `eligible property' means-- ``(A) any qualifying production facility-- ``(i)(I) the construction, reconstruction, or erection of which is completed by the taxpayer, or ``(II) which is acquired by the taxpayer by purchase (as defined in section 179(d)(2)), and ``(ii) for which a deduction is allowable under section 167, and ``(B) any personal property-- ``(i) which is placed in service within 12 months of the date on which a qualifying production facility for which a credit is allowed under subsection (a) is placed in service, ``(ii) which is used exclusively at such qualifying production facility primarily for the production of a qualifying product, and ``(iii) for which a deduction is allowable under section 167. ``(2) Special rule for leased facilities.--In the case of any of a qualifying production facility which is leased by the taxpayer, paragraph (1)(B) shall be applied by substituting `the date on which the qualifying production facility was first leased by the taxpayer' for `the date on which a qualifying production facility for which a credit is allowed under subsection (a) is placed in service' in clause (i). ``(d) Other Definitions.--For purposes of this section-- ``(1) Qualifying production facility.--The term `qualifying production facility' means any facility which-- ``(A) is used to produce qualifying products, and ``(B) is designated by the taxpayer as a qualifying production facility for purposes of this section at such time and in such manner as the Secretary shall prescribe. ``(2) Qualifying product.--The term `qualifying product' means any of the following: ``(A) Tangible personal property. ``(B) Computer software (as defined in section 167(f)(1)(B)). ``(C) Property described in section 168(f)(3). ``(D) Property described in section 168(f)(4). ``(E) Food and beverages which are prepared by the taxpayer but not primarily for consumption at property owned by the taxpayer. ``(e) Special Rules.--For purposes of this section-- ``(1) Controlled group.--All members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person for purposes of this section. ``(2) Predecessor.--Any reference in this section to an employer shall include a reference to any predecessor of such employer. ``(3) Certain qualified progress expenditures rules made applicable.--Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. ``(f) Election To Apply Credit Against Payroll Taxes.-- ``(1) In general.--At the election of the eligible employer, section 3111(f) shall apply to the payroll tax credit portion of the credit otherwise determined under subsection (a) for the taxable year and such portion shall not be treated (other than for purposes of section 50(c)) as a credit determined under subsection (a). ``(2) Payroll tax credit portion.--For purposes of this subsection, the payroll tax credit portion of the credit determined under subsection (a) with respect to any qualified small business for any taxable year is the least of-- ``(A) the amount specified in the election made under this subsection, ``(B) the credit determined under subsection (a) for the taxable year (determined before the application of this subsection), or ``(C) in the case of an eligible employer other than a partnership or S corporation, the amount of the business credit carryforward under section 39 carried from the taxable year (determined before the application of this subsection to the taxable year). ``(3) Election.-- ``(A) In general.--Any election under this subsection for any taxable year-- ``(i) shall specify the amount of the credit to which such election applies, ``(ii) shall be made on or before the due date (including extensions) of-- ``(I) in the case of an eligible employer which is a partnership, the return required to be filed under section 6031, ``(II) in the case of an eligible employer which is an S corporation, the return required to be filed under section 6037, and ``(III) in the case of any other eligible employer, the return of tax for the taxable year, and ``(iii) may be revoked only with the consent of the Secretary. ``(B) Limitations.--The amount specified in any election made under this subsection shall not exceed $250,000. ``(C) Special rule for partnerships and s corporations.--In the case of an eligible employer which is a partnership or S corporation, the election made under this subsection shall be made at the entity level. ``(4) Aggregation rules.-- ``(A) In general.--Except as provided in subparagraph (B), all persons or entities treated as a single taxpayer under subsection (e)(1) shall be treated as a single taxpayer for purposes of this subsection. ``(B) Special rules.--For purposes of this subsection and section 3111(g)-- ``(i) each of the persons treated as a single taxpayer under subparagraph (A) may separately make the election under paragraph (1) for any taxable year, and ``(ii) the $250,000 amount under paragraph (3)(B)(i) shall be allocated among all persons treated as a single taxpayer under subparagraph (A) in the manner provided by the Secretary which is similar to the manner provided under section 41(f)(1). ``(5) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including-- ``(A) regulations to prevent the avoidance of the purposes of the limitations and aggregation rules under this subsection, ``(B) regulations to minimize compliance and recordkeeping burdens under this subsection, and ``(C) regulations for recapturing the benefit of credits determined under section 3111(g) in cases where there is a recapture or a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection (a), including requiring amended income tax returns in the cases where there is such an adjustment.''. (3) Special rules relating to recapture.-- (A) Certain related party transaction.--Paragraph (4) of section 50(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``Subparagraph (B) shall not apply to investment credit property described in section 48E in any case in which the transaction is a transaction between related persons.''. (B) Loss of eligible employer status.--Paragraph (5) of section 50(a) of such Code is amended by adding at the end the following new paragraph: ``(D) Treatment of eligible employer status for qualifying production facility credit.--Paragraphs (1) and (2) shall not apply with respect to any credit allowed under section 48E solely because the taxpayer has ceased to be an eligible employer (as defined in section 48E(b)) in any taxable year after the year in which the credit is allowed.''. (4) Conforming amendments.-- (A) Section 49(a)(1)(C) of the Internal Revenue Code of 1986 is amended-- (i) by striking ``and'' at the end of clause (v); (ii) by striking the period at the end of clause (vi) and inserting ``, and''; and (iii) by adding after clause (vi) the following new clause: ``(vii) the basis of any eligible property under section 48E.''. (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 48D the following new item: ``Sec. 48E. Credit for qualifying production facilities.''. (b) Payroll Tax Credit.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Credit for Qualifying Production Facilities.-- ``(1) In general.--In the case of a taxpayer who has made an election under section 48E(f) for a taxable year, there shall be allowed as a credit against the tax imposed by subsection (a) for the first calendar quarter which begins after the date on which the taxpayer files the return specified in section 48E(f)(3)(A)(ii) an amount equal to the payroll tax credit portion determined under section 48E(f)(2). ``(2) Limitation.--The credit allowed by paragraph (1) shall not exceed the tax imposed by subsection (a) for any calendar quarter on the wages paid with respect to the employment of all individuals in the employ of the employer. ``(3) Carryover of unused credit.--If the amount of the credit under paragraph (1) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be carried to the succeeding calendar quarter and allowed as a credit under paragraph (1) for such quarter. ``(4) Deduction allowed for credited amounts.--The credit allowed under paragraph (1) shall not be taken into account for purposes of determining the amount of any deduction allowed under chapter 1 for taxes imposed under subsection (a).''. (c) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Growing Small Businesses Act This bill amends the Internal Revenue Code to allow a tax credit for investments in a small business's first qualifying production facility. The credit is equal to 25% of the cost of property for an eligible employer's first qualifying production facility placed in service during the year. The credit applies to employers who: (1) have no more than 50 full-time equivalent employees, and (2) have not previously placed in service a dedicated facility for the production of goods for sale. A "qualifying production facility" must be used to produce any of the following products: tangible personal property, computer software, films and videotape, sound recordings, or food and beverages which are prepared by the taxpayer but not primarily for consumption at property owned by the taxpayer. Qualifying employers may elect to apply up to $250,000 of the credit against payroll taxes.

Growing Small Businesses Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``North American Environmental, Labor, and Agricultural Standards Act of 1993''. SEC. 2. PRINCIPAL NEGOTIATING OBJECTIVES OF THE UNITED STATES. In addition to the overall and principal trade negotiating objectives of the United States set forth in section 1101 of the Omnibus Trade and Competitiveness Act of 1988, the purposes, policies, and objectives of title I of such Act of 1988 that are applicable with respect to any free-trade area trade agreement negotiated under the authority of such title I with Canada and Mexico (hereinafter referred to as the ``NAFTA'') include the achievement of the following principal negotiating objectives: (1) Worker rights and standards and protection.--With a view to establishing open, expanding mutually-beneficial trade among Canada, Mexico, and the United States, to spreading the benefits of such trade as widely as possible, to protecting citizens interests, and to enhancing respect for human rights throughout North America, the principal negotiating objectives of the United States with respect to worker rights and standards, and the protection thereof, in the conduct of international trade, commerce, and finance are-- (A) to ensure freedom of association and to affirm the vital role that free and independent unions play in democratic governance; (B) to ensure the rights of working people to organize, to bargain collectively, and to strike, and to ensure the right of workers' representatives to legal protection in the free exercise of their duties and fundamental human rights; (C) to establish a minimum age for the employment of children-- (i) at 14 years if the employment will not result in the neglect of their education and will not harm their health and well-being, and (ii) at 18 years if the employment involves the use of, or exposure to, hazardous equipment or toxic chemical substances, but only if the use or exposure will not pose long-term risks to their health and safety; (D) to ensure the right to health at the workplace and to a healthy working environment, including freedom from exposure to toxic substances; (E) to guarantee the right of all workers to equal protection, including freedom from discrimination in wages or working conditions, regardless of their nationality, race, religion, age, or sex; and (F) to guarantee humane standards of wages and hours of work that take into account different levels of national economic development, but provide for improvement concurrently with gains in productivity. (2) Environmental quality and protection.--In recognition of the shared responsibility of Canada, Mexico, and the United States as stewards responsible for, and our common interest in, preserving and sustaining the North American continent's natural habitat and resources over time, the principal negotiating objectives of the United States with respect to environmental quality and protection are-- (A) the protection of environmental quality and of the integrity of ecosystems, as well as the maintenance of scarce biological and physical resources, in the conduct of international trade, commerce, and finance; (B) the establishment of a process for the full and public disclosure of the kinds, quantities, and risks associated with toxic chemical and hazardous substance discharges into the air, water, and land; (C) the prevention of the export of toxic and hazardous substances and products, such as carcinogens and unsafe drugs, that are banned in the country of origin; (D) the prevention of the export of products (unless remediation or repatriation contracts already exist) manufactured, extracted, harvested, or grown under environmental conditions or workplace safety and health conditions that undermine counterpart standards, particularly those applicable to the counterpart industry in the importing country or the counterpart standards, in general, in the importing country; and (E) to require that industries within their national borders reduce the amount and toxicity of hazardous substances that they use, minimize the amount and toxicity of wastes they generate, and demonstrate publicly their use of best available technology for pollution abatement in their production processes. (3) Unfair trade practices.--In acknowledging different, evolving comparative advantages among trading nations, but with a view to distinguishing between acceptable and unacceptable means of competition among trading nations, the principal negotiating objectives of the United States with respect to unfair trade practices shall include the adoption, as a principle, that the systematic denial or practical negation of the protections accorded worker rights and standards and environmental quality (within the context of paragraphs (1) and (2)) as a means for any country or its industries to gain competitive advantage in international trade, commerce, and finance is an actionable unfair trade practice. (4) Comprehensive dispute resolution.--The principal negotiating objectives of the United States are to achieve a process for the settlement of disputes that arise between or among the signatories with respect to unfair trade practices, including not only those involving commonly identified unfair trade barriers, but unfair practices, within the context of the negotiating objectives listed in paragraphs (1), (2), and (3) involving the systematic denial or practical negation of worker rights and standards and failure to apply or enforce standards relating to environmental quality or protection, resulting in distortions to international trade, commerce, and finance. Such a process shall include-- (A) notification by each signatory nation to the other signatories regarding changes in law or practice that will materially affect the agreement; (B) provision, on a sequential basis and subject to reasonable time limits, for consultation between or among signatories, for mediation, and, if necessary, for binding arbitration; (C) the establishment of a trinational commission, with authority to investigate, adjudicate, and issue binding judgments in a timely manner regarding the issues in dispute pursuant to subparagraph (B)-- (i) that consists of equal numbers of experts from the signatory nations (with United States experts being subject to the advice and consent of the United States Senate), and (ii) the chairmanship of which will be filled by individuals who-- (I) are citizens of the respective signatories, (II) serve on a rotational basis among the signatories for 2-year terms, but no individual may serve in such office for more than one term, and (III) are appointed to such office by the respective chief executive officers of the signatories (and any chairperson appointed from the United States is subject to the advice and consent of the United States Senate); and (D) provision for the trinational commission, in its proceedings and deliberations, to consult with a wide array of representative organizations, in addition to government agencies, with expertise in labor, environmental, agricultural, and scientific matters in each of the signatory nations; (E) provision for the trinational commission to enforce its judgments, as appropriate, by authorizing an aggrieved signatory nation to-- (i) suspend, withdraw, or prevent the application of, the benefits of trade agreement concessions to carry out the NAFTA with the offending signatory nation, (ii) impose proportionate duties on specific products, companies, or industries, or other offsetting import restrictions on the goods of, and offsetting fees or restrictions on the services of, the offending signatory nation for such time as the trinational commission determines, or (iii) enter into binding agreements with the offending signatory nation that commit such nation to-- (I) eliminate, or phase out, the act, policy, or practice that constitutes an unfair trade practice and that is the subject of the action to be taken under clause (i) or (ii), (II) eliminate any burden or restriction on North American trade, as defined in the NAFTA, resulting from such unfair trade practice, (III) provide the aggrieved signatory nation with compensatory trade benefits that are satisfactory to the trinational commission and meet the requirements of subparagraph (F), or (IV) enter into debt-for-science exchanges, or similar arrangements, as appropriate, that are satisfactory to the trinational commission and that serve, as potential funding sources for remedies recommended under paragraph (5), to ameliorate the issues in dispute pursuant to subparagraph (B); (F) provision that any binding agreement described in subparagraph (E)(iii)(III) provide compensatory trade benefits (including, but not limited to, appropriate fees on trans-border movements of products, services, or capital) that benefit the economic sector which includes the domestic industry in the aggrieved signatory nation that would benefit from the elimination of the act, policy, or practice that constitutes an unfair trade practice and that is the subject of the action to be taken under subparagraph (E), or benefit the economic sector within the aggrieved signatory nation as closely related as possible to such sector, unless-- (i) the provision of such trade benefits is not feasible, or (ii) trade benefits that benefit any other economic sector within the aggrieved signatory nation would be clearly and substantially more satisfactory than such trade benefits; (G) provision for the trinational commission, in taking action against unfair trade practices, as defined in the NAFTA, to avoid diminishing higher protections accorded worker rights and standards and environmental quality and protection and to give preference to the prompt elimination of the act, policy, or practice at issue over-- (i) the imposition of duties or other offsetting import restrictions or compensatory trade benefits, or (ii) the entering into of debt relief arrangements described in subparagraph (E)(iii)(IV); (H) provision for the government of any signatory nation or any informed person within a signatory nation to file a petition requesting the trinational commission to take action under subparagraph (E) against any unfair trade practice, including the systematic denial or practical negation of worker rights and standards and failure to apply or enforce standards relating to environmental quality or protection (referred to in paragraphs (1) and (2)), and setting forth the allegations in support of the request in public hearings and written testimony; and (I) provision for the proceedings, record, and decisions (along with the supporting rationale) of the trinational commission to be made public information. (5) Technical advice and recommendations.-- (A) Interagency committee.--The Director of the Office of Science and Technology shall establish, through the Federal Coordinating Council on Science, Engineering, and Technology, an interagency committee to provide technical assistance, advice, and recommendations to United States experts on the trinational commission. The interagency committee shall include one representative from each of the following agencies: (i) The National Science Foundation. (ii) The Environmental Protection Agency. (iii) The Department of Labor. (iv) The Department of the Interior. (v) The Department of Agriculture. (vi) The Department of Energy. (vii) The National Institute of Standards and Technology. (viii) The Department of Justice. (B) Specific functions.--In addition to the general functions referred to in subparagraph (A), the interagency committee shall evaluate the scientific and technological aspects of certain disputes brought before the trinational commission that pertain to environmental quality and protection and to workplace safety and health, and shall determine if violations related to the disputes reflect-- (i) inadequate or insufficient application of known technologies and techniques for mitigation of the violations, or (ii) need for additional research on, and the development of, new technologies and techniques for mitigation of the violations. Consistent with paragraph (4)(G), and after consultations with State and local government officials and a wide array of representative organizations with expertise in environmental, labor, agricultural and scientific matters, the interagency committee will recommend to the United States experts on the trinational commission, when appropriate, specific technological remedies to eliminate violations or further research that is needed to develop scientific and technological remedies.

North American Environmental, Labor, and Agricultural Standards Act of 1993 - Declares that any free-trade area trade agreement negotiated under the Omnibus Trade and Competitiveness Act of 1988 (OTCA) with Canada and Mexico (NAFTA) must include the achievement of certain environmental, labor, and agricultural standards as principal negotiating objectives in addition to any other OTCA mandates. Sets forth worker rights and standards, including among others: (1) freedom of association and the right to organize free and independent unions, bargain collectively, and strike; (2) certain minimum ages for the employment of children in specified circumstances; (3) the right to a healthy working environment; (4) equal protection; and (5) humane standards of wages and hours of work. Sets forth principal negotiating objectives for environmental quality and protection, including among others: (1) protection of the integrity of ecosystems; (2) a process for full public disclosure of kinds, quantities, and risks of toxic chemical and hazardous substance discharges; and (3) prevention of the export of toxic and hazardous substances and products, and of products manufactured, extracted, or grown under environmental or workplace safety and health conditions that undermine comparable standards in the importing country. Requires adoption, in any such agreement, of the principle that systematic denial or practical negation of such labor and environmental standards constitutes an actionable unfair trade practice. Requires any such agreement to establish a comprehensive dispute resolution process with specified provisions, including one for a trinational commission with authority to investigate, adjudicate, and issue timely binding judgments. Requires the Director of the Office of Science and Technology to establish, through the Federal Coordinating Council on Science, Engineering, and Technology, an interagency committee to provide technical assistance to U.S. experts on the trinational dispute resolution commission.

North American Environmental, Labor, and Agricultural Standards Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm and Ranch Land Protection Flexibility Act of 2006''. SEC. 2. FARMLAND PROTECTION PROGRAM. (a) Definitions.--Section 1238H of the Food Security Act of 1985 (16 U.S.C. 3838h) is amended-- (1) in paragraph (1)(B)-- (A) in clause (iii), by striking ``or''; (B) in clause (iv), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(v) meets certification requirements described in paragraph (6)(B).''; (2) by striking paragraph (2) and inserting the following: ``(2) Eligible land.--The term `eligible land' means land on a farm or ranch that is-- ``(A) cropland; ``(B) rangeland; ``(C) grassland; ``(D) pasture land; or ``(E) forest land that is an incidental part of an agricultural operation, as determined by the Secretary, including woodlots, wooded corners, and forested riparian areas that may comprise up to 50 percent of the offered acreage.''; (3) by redesignating paragraph (4) as paragraph (5); (4) by inserting after paragraph (3) the following: ``(4) Permanent conservation easement.--The term `permanent conservation easement' means a conservation easement or other interest in eligible land that-- ``(A) is for the primary purpose of protecting the agricultural production capacity of the eligible land; and ``(B) is permanent or for the maximum duration allowed under State law.''; and (5) by adding at the end the following: ``(6) Qualified state or local entity.--The term `qualified State or local entity' means a public or private entity that-- ``(A) operates a farm and ranch land protection program that-- ``(i) has for at least 3 calendar or fiscal years used or provided public or private funds to purchase permanent conservation easements on not less than 10 farms or ranches; ``(ii) has the necessary authority under State law, as well as the technical and financial capacity-- ``(I) to monitor and enforce the terms of the permanent conservation easements so that the purpose of the permanent conservation easements is carried out for the maximum allowable duration; or ``(II) in the case of a governmental entity, to require other public or private holders of the permanent conservation easements acquired with public funding to hold, monitor, and enforce the permanent conservation easements for the purpose described in subclause (I); and ``(iii) has financial control policies to ensure that, on average, the purchase price of the permanent conservation easements does not exceed the appraised fair market value of the permanent conservation easements; and ``(B) is certified by the Secretary in accordance with a process under which the entity shall demonstrate-- ``(i) strategic planning and articulated objectives; ``(ii) long-term commitment and organizational viability; ``(iii) a record of funds management and accountability; and ``(iv) a history of successfully completing projects.''. (b) Farmland Protection.--Section 1238I of the Food Security Act of 1985 (16 U.S.C. 3838i) is amended-- (1) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; (2) by striking subsection (a) and inserting the following: ``(a) Program.-- ``(1) In general.--The Secretary, acting through the Natural Resources Conservation Service, shall carry out a farm and ranch land protection program under which the Secretary shall facilitate the purchase of conservation easements or other interests in eligible land for the purpose of protecting the agricultural production capacity of the land by limiting incompatible nonagricultural uses of the land. ``(2) Priority.--In carrying out the program, the Secretary shall give priority to protecting farm and ranch land-- ``(A) with prime, unique, or other productive soils that are at risk of non-agricultural development; ``(B) that shall stay in production agriculture; ``(C) in rural communities that face intense conversion pressure, as defined by the Secretary; ``(D) in areas that have locally-led land-use planning and zoning strategies; and ``(E) in watersheds that would benefit most from the protection of farm and ranch resources, as determined by the Secretary. ``(b) Grants.-- ``(1) In general.--The Secretary shall use not less than 75 percent of the funds made available to carry out this subchapter for each fiscal year to award grants, administered by the Natural Resources Conservation Service State Conservationists in consultation with the appropriate State technical committees established under section 1261, to qualified State or local entities for the purchase of permanent conservation easements. ``(2) Distribution.--The Secretary shall distribute grants described in paragraph (1) among States based on-- ``(A) the demonstrated need for farm and ranch land protection; and ``(B) the relative contribution of funds provided by State or local entities for the protection of farm and ranch land. ``(3) Use of grants.--A qualified State or local entity that receives a grant under this subsection-- ``(A) may use the grant funds to purchase 1 or more permanent conservation easements, regardless of whether the qualified State or local entity has a pending purchase offer for any of the permanent conversation easements at the time of receiving the grant; and ``(B) shall use the grant funds only for the purchase of permanent conservation easements. ``(c) Grant Agreements.-- ``(1) In general.--The Secretary, acting through the Natural Resources Conservation Service, may enter into agreements with qualified State or local entities, under which a State or local entity may purchase permanent conservation easements using a combination of the funds of the entity and grant funds made available by the Secretary under subsection (b). ``(2) Terms and conditions.-- ``(A) In general.--Subject to subparagraph (B), an agreement described in paragraph (1) shall stipulate the terms and conditions under which qualified State or local entities shall use grant funds distributed by the Secretary under subsection (b). ``(B) Requirements.--Each agreement shall-- ``(i) authorize the State or local entity to determine the criteria and priorities of the entity for purchasing permanent conservation easements; ``(ii) authorize the State or local entity to establish terms and conditions for permanent conservation easements, if the attorney general of the State in which the farm or ranch is located certifies to the Secretary that State law permits the State or local entity to achieve and permit effective enforcement of the conservation purposes of the permanent conservation easements; and ``(iii) not require a Federal contingent right of enforcement or reversionary interest in the permanent conservation easement, if the attorney general of the State in which the farm or ranch is located certifies to the Secretary that the State has a direct or contingent right of enforcement or reversionary interest in the permanent conservation easement. ``(C) Amount of matching funds.-- ``(i) In general.--The Secretary shall determine the percentage of matching funds (up to 100 percent) that each qualified State or local entity is required to provide as a condition of receiving a grant under subsection (b) based on the proposal submitted by the qualified State or local entity. ``(ii) Requirements.--A proposal described in clause (i) shall include a description of-- ``(I) the amount of matching funds of the qualified State or local entity available for the purchase of permanent conservation easements; and ``(II) the commitment of the qualified State or local entity to achieve the priorities of the program.''; (3) in subsection (d) (as redesignated by paragraph (1)) by striking ``Any'' and inserting ``Notwithstanding subsection (c)(2)(B)(ii), any''; (4) in paragraph (1) of subsection (e) (as redesignated by paragraph (1))-- (A) in subparagraph (A), by striking ``exceed'' and all that follows through ``land.'' and inserting the following: ``exceed the higher of-- ``(i) 50 percent of the appraised fair market value of the conservation easement or other interest in eligible land; or ``(ii) if a qualified conservation contribution (as defined by section 170(h) of the Internal Revenue Code of 1986) of at least 25 percent of the market value is made by the landowner in connection with the purchase of a conservation easement or other interest in land, two-thirds of the actual cost of purchasing the conservation easement or other interest in land.''; and (B) in subparagraph (B)-- (i) by striking ``an eligible'' and inserting ``a qualified State or local agency or other eligible''; (ii) by striking ``charitable donation'' and inserting ``qualified conservation contribution''; and (iii) by striking ``25'' and inserting ``50''; and (5) by adding at the end the following: ``(f) Performance Measures.--The Secretary shall establish performance measures for farm and ranch land protection, including performance measurements for qualified State and local entities that receive funding under this section. ``(g) Program Coordination.--The Secretary shall carry out the program under this section and the grassland reserve program under subchapter C with a minimum amount of program redundancy, considering the unique role of each program. ``(h) Availability of Funds.--Grant funds and technical assistance made available to a qualified State or local entity under this section shall remain available for a period of time that the Secretary considers to be reasonable (but not less than 18 months) to allow the qualified State or local entity to finalize the purchase of permanent conservation easements in accordance with the grant agreement.''.

Farm and Ranch Land Protection Flexibility Act of 2006 - Amends the Food Security Act of 1985 to revise the farmland protection program. Includes as eligible program land woodlots, wooded corners, and forested riparian areas that comprise up to 50% of the offered acreage. Defines: (1) "permanent conservation easement"; and (2) "qualified state or local entity." Gives priority to farm and ranchland: (1) with prime, unique, or other productive soils at risk of nonagricultural development; (2) that will stay in production agriculture; (3) in rural communities that face intense conversion pressure; (4) in areas that have locally-led land-use planning and zoning strategies; and (5) in watersheds that would benefit most from the protection of farm and ranch resources. Provides for: (1) grants to eligible state or local entities to purchase permanent conservation easements; and (2) grant agreements with eligible state or local entities to purchase conservation easements using a combination of their own funds and grant funds. Sets forth matching grant and performance standard provisions.

A bill to amend the Food Security Act of 1985 to improve the protection of farm and ranch land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Medical Review Act of 1999''. SEC. 2. SPECIAL RULES FOR GROUP HEALTH PLANS. Section 503 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1133) is amended-- (1) by inserting ``(a) In General.--'' after ``Sec. 503.''; (2) by inserting ``(other than a group health plan)'' after ``employee benefit plan''; and (3) by adding at the end the following new subsections: ``(b) Special Rules for Group Health Plans.-- ``(1) In general.--The claims procedures required by this section shall include-- ``(A) notification to a participant or beneficiary of the participant or beneficiary's right to appeal an adverse determination to a utilization review agent; ``(B) notification to a participant or beneficiary of the participant or beneficiary's right to appeal an adverse determination of a utilization review agent to an independent review organization; ``(C) notification to a participant or beneficiary of the procedures for appealing an adverse determination to an independent review organization; ``(D) notification to a participant or beneficiary who has a life-threatening condition of the participant or beneficiary's right to immediate review by an independent review organization and the procedures to obtain such review; and ``(E) procedures for a fair, de novo determination of medical necessity by the independent review organization without regard to the definition used by the plan. ``(c) Appeal of Adverse Determination.--In a case in which an employee benefit plan denies a claim for benefits under the plan to a participant or beneficiary, such participant or beneficiary may appeal such adverse determination to a utilization review agent. The procedures for appeals shall be reasonable and shall include the following: ``(1) A provision indicating that a participant or beneficiary, a person acting on behalf of the participant or beneficiary, or the participant or beneficiary's physician or health care provider may appeal the adverse determination orally or in writing. ``(2) A provision that the utilization review agent shall send to the appealing party, within 5 working days after receipt of a written appeal, a letter acknowledging the date of the utilization review agent's receipt of the appeal and including a reasonable list of documents needed to be submitted by the appealing party to the utilization review agent for the appeal. ``(3) In a case in which a utilization review agent receives an oral appeal of adverse determination, the utilization review agent shall send a one page appeal form to the appealing party. ``(4) A provision that appeal decisions shall be made by a physician, provided that, if the appeal is denied and within 10 working days the health care provider sets forth in writing good cause for having a particular type of a specialty provider review the case, the denial shall be reviewed by a health care provider in the same or similar specialty as typically manages the medical, dental, or specialty condition, procedure, or treatment under discussion for review of the adverse determination, and such specialty review shall be completed within 15 working days of receipt of the request. ``(5) A method for an expedited appeal procedure for emergency care denials, denials of care for life threatening conditions, and denials of continued stays for hospitalized patients. Such procedure shall include a review by a health care provider who has not previously reviewed the case who is of the same or a similar specialty as typically manages the medical condition, procedure, or treatment under review. The time frame in which such appeal must be completed shall be based on the medical or dental immediacy of the condition, procedure, or treatment, but may in no event exceed one working day from the date all information necessary to complete the appeal is received. ``(6) A provision that after the utilization review agent has sought review of the appeal of the adverse determination, the utilization review agent shall issue a response letter to the patient, person acting on behalf of the patient, or the patient's physician or health care provider explaining the resolution of the appeal. Such letter shall include a statement of the specific medical, dental, or contractual reasons for the resolution, the clinical basis for such decision, and the specialization of any physician or other provider consulted. ``(7) Written notification to the appealing party of the determination of the appeal, as soon as practical, but in no case later than 30 days after the date of the utilization review agent receives the appeal. ``(d) Independent Review of Adverse Determinations.-- ``(1) In general.--In a case in which an appeal of an adverse determination is denied by a utilization review agent, a participant or beneficiary may seek review of such adverse determination from an independent review organization. ``(2) Elements of independent review process.-- ``(A) In general.--The independent review process under this subsection shall be conducted by an independent review organization and shall ensure-- ``(i) a timely response by the independent review organization; ``(ii) confidentiality of medical records transmitted for use in the review process; ``(iii) the independence of each health care provider or physician making review determinations as part of an independent review organization; and ``(iv) timely notice to the participant or beneficiary of the results of the independent review, including the clinical basis for the determination. ``(B) Information provided to the independent review organization.--Not later than 3 business days after the date that an independent review organization receives a request for a review of an adverse determination of a utilization review agent, such utilization review agent shall provide to the appropriate independent review organization-- ``(i) any medical records of the participant or beneficiary that are relevant to the review; ``(ii) any documents used by the utilization review agent in making the determination that is to be reviewed by the organization; ``(iii) written notification to the participant or beneficiary indicating the clinical basis for the denial of the appeal; ``(iv) any documentation and written information submitted to the utilization review agent in support of the appeal; and ``(v) a list of each physician or health care provider who has provided care to the participant or beneficiary and who may have medical records relevant to the appeal. ``(C) Timelines for determinations by independent review organization.-- ``(i) In general.--An independent review organization shall make its determination not later than the earlier of-- ``(I) the 15th day after the date the independent review organization receives the information necessary to make the determination; or ``(II) the 20th day after the date the independent review organization receives the request that the determination be made. ``(ii) Life-threatening condition.--In the case of a life-threatening condition, an independent review organization shall make its determination not later than the earlier of-- ``(I) the 5th day after the date the independent review organization receives the information necessary to make the determination; or ``(II) the 8th day after the date the independent review organization receives the request that the determination be made. ``(3) Certification of independent review organizations.-- ``(A) In general.--To be treated as an independent review organization, an organization must be certified by the Secretary. ``(B) Application for certification.--To be certified by the Secretary as an independent review organization, an organization shall submit on an annual basis to the Secretary an application which shall include the following information: ``(i) Any applicant that is a publicly held organization shall include the name of each stockholder or owner of more than 5 percent of any stock or options. ``(ii) The name and type of business of each corporation or other organization that the applicant controls or is affiliated with and the nature and extent of the affiliation or control. ``(iii) The name of any holder of bonds or notes of the applicant that exceed $100,000. ``(iv) The name and a biographical sketch of each director, officer, and executive of the applicant. ``(v) A description of any relationship the individuals in clauses (iii) and (iv) have with-- ``(I) a provider of health insurance coverage; ``(II) a health maintenance organization; ``(III) a utilization review agent; ``(IV) a nonprofit health corporation; ``(V) a payor; ``(VI) a health care provider; or ``(VII) a group representing any of the entities described in subclauses (I) through (VII). ``(vi) The percentage of the applicant's revenues that are anticipated to be derived from reviews conducted under this subsection. ``(vii) A description of the areas of expertise of the health care professionals making review determinations for the applicant. ``(viii) The procedures to be used by the independent review organization in making review determinations with respect to reviews conducted under this section. ``(4) Independent review determination binding on plan.-- ``(A) In general.--Subject to subparagraph (B), the determination by an independent review organization under this subsection shall be treated as the final decision of the plan. ``(B) Vacation or modification of decision.--The determination by an independent review entity under this section may be vacated or modified by a court under the same circumstances as the decision of an arbitrator may be vacated or modified under sections 10 and 11 of title 9, United States Code. ``(5) Independence requirement.--An independent review organization may not be a subsidiary of, or in any way owned or controlled by a payor or a trade or professional association of a payor. ``(6) Waiver of liability.--An independent review organization conducting a review under this section is not liable for damages arising from the determination made by the organization. ``(e) Definitions.--For purposes of this section: ``(1) Adverse determination.--The term `adverse determination' means determination by a group health plan or a utilization review agent that the health care services furnished or proposed to be furnished to a participant or beneficiary are not medically necessary. ``(2) Health care provider.--The term `health care provider' means-- ``(A) any individual who is engaged in the delivery of health care services in a State and who is required by State law or regulation to be licensed or certified by the State to engage in the delivery of such services in the State; and ``(B) any entity that is engaged in the delivery of health care services in a State and that, if it is required by State law or regulation to be licensed or certified by the State to engage in the delivery of such services in the State, is so licensed. ``(3) Life-threatening condition.--The term `life- threatening condition' means a disease or other medical condition with respect to which death or serious bodily injury is probable unless the course of the disease or condition is interrupted. ``(4) Payor.--The term `payor' means-- ``(A) an insurer writing health insurance policies; ``(B) any preferred provider organization, or health maintenance organization, self-insurance plan; or ``(C) any person or entity that provides, offers to provide, or administers hospital, outpatient, medical, or other health benefits to an individual treated by a health care provider. ``(5) Utilization review agent.--The term `utilization review agent' means an entity that conducts utilization review for-- ``(A) an employer with employees who are covered under a group health plan; ``(B) a payor; or ``(C) an administrator. ``(6) Working day.--The term `working day' means a weekday, excluding any legal holiday.''.

Requires group health plan claims procedures to include procedures for a fair, de novo determination of medical necessity by the independent review organization without regard to the definition used by the plan, as well as notifications to participants or beneficiaries of their rights to: (1) appeal adverse determinations to utilization review agents of the plan; (2) appeal adverse determinations of such utilization review agents to independent review organizations (with procedures for such appeal); and (3) obtain immediate review by an independent review organization in cases of life-threatening conditions (with procedures for obtaining such review). Sets forth requirements for: (1) procedures for appeals of adverse decisions to the plan's utilization review agent; (2) the independent review process; and (3) certification of independent review organizations by the Secretary of Labor. Treats the independent review organization's determination as the final decision of the plan, but allows a court to vacate or modify such determination under certain circumstances.

Independent Medical Review Act of 1999