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SECTION 1. SHORT TITLE. This Act may be cited as the ``State Defense Force Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Domestic threats to national security and the increased use of National Guard forces for out-of-State deployments greatly increase the potential for service by members of State defense forces established under section 109(c) of title 32, United States Code. (2) The efficacy of State defense forces is impeded by lack of clarity in the Federal regulations concerning those forces, particularly in defining levels of coordination and cooperation between those forces and the Departments of Defense and Homeland Security. (3) The State defense forces suffer from lack of standardized military training, arms, equipment, support, and coordination with the Departments of Defense and Homeland Security and other Federal agencies as a result of real and perceived Federal regulatory impediments. SEC. 3. RECOGNITION OF AND SUPPORT FOR STATE DEFENSE FORCES. (a) Recognition and Support.--Section 109 of title 32, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (l) and (m), respectively; and (2) by inserting after subsection (c) the following new subsections: ``(d) Recognition.--Congress hereby recognizes forces established under subsection (c) as an integral military component of the homeland security effort of the United States, while reaffirming that those forces remain entirely State regulated, organized, and equipped and recognizing that those forces will be used for homeland security purposes exclusively at the local level and in accordance with State law. ``(e) Assistance by Department of Defense.--(1) The Secretary of Defense may coordinate homeland security efforts with, and provide assistance to, a defense force established under subsection (c) to the extent such assistance is requested by a State or by a force established under subsection (c) and subject to the provisions of this section. ``(2) The Secretary may not provide assistance under paragraph (1) if, in the judgment of the Secretary, such assistance would-- ``(A) impede the ability of the Department of Defense to execute missions of the Department; ``(B) take resources away from warfighting units; ``(C) incur nonreimbursed identifiable costs; or ``(D) consume resources in a manner inconsistent with the mission of the Department of Defense. ``(f) Assistance by Department of Homeland Security.--The Secretary of Homeland Security may coordinate homeland security efforts with, and provide assistance to, a defense force established under subsection (c) to the extent such assistance is requested by a State or by a force established under subsection (c) if so authorized by State law, and subject to the provisions of this section. ``(g) Use of Department of Defense Property and Equipment.--The Secretary of Defense may authorize qualified personnel of a force established under subsection (c) to use and operate property, arms, equipment, and facilities of the Department of Defense as needed in the course of training activities and State active duty. ``(h) Transfer of Excess Equipment.--(1) The Secretary of Defense may transfer to a State or a force established under subsection (c) any personal property of the Department of Defense that the Secretary determines is-- ``(A) excess to the needs of the Department of Defense; and ``(B) suitable for use by a force established under subsection (c). ``(2) The Secretary of Defense may transfer personal property under this section only if-- ``(A) the property is drawn from existing stocks of the Department of Defense; ``(B) the recipient force established under subsection (c) accepts the property on an as-is, where-is basis; ``(C) the transfer is made without the expenditure of any funds available to the Department of Defense for the procurement of defense equipment; and ``(D) all costs incurred subsequent to the transfer of the property are borne or reimbursed by the recipient. ``(3) Subject to paragraph (2)(D), the Secretary may transfer personal property under this section without charge to the recipient force established under subsection (c). ``(i) Federal/State Training Coordination.--(1) Participation by a force established under subsection (c) in a training program of the Department of Defense or Department of Homeland Security is at the discretion of the State. ``(2) Nothing in this section may be construed as requiring the Department of Defense or Department of Homeland Security to provide any training program to any such force. ``(3) Any such training program shall be conducted in accordance with an agreement between-- ``(A) the Secretary of Defense or Secretary of Homeland Security, as the case may be; and ``(B) the State or the force established under subsection (c) if so authorized by State law. ``(4) Any direct costs to the Department of Defense of providing training assistance to a force established under subsection (c) shall be reimbursed by the State. Any agreement under paragraph (3) between the Department of Defense and a State or a force established under subsection (c) for such training assistance shall provide for payment of such costs. ``(j) Federal Funding of State Defense Forces.--Funds available to the Department of Defense may not be made available to a State defense force. ``(k) Liability.--Any liability for injuries or damages incurred by a member of a force established under subsection (c) while engaged in training activities or State active duty shall be the sole responsibility of the State, regardless of whether the injury or damage was incurred on United States property or involved United States equipment or whether the member was under direct supervision of United States personnel at the time of the incident.''. (b) Definition of State.-- (1) Definition.--Such section is further amended by adding at the end the following new subsection: ``(n) State Defined.--In this section, the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.''. (2) Conforming amendments.--Such section is further amended in subsections (a), (b), and (c) by striking ``a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands'' each place it appears and inserting ``a State''. (c) Stylistic Amendments.--Such section is further amended-- (1) in subsection (a), by inserting ``Prohibition on Maintenance of Other Troops.--'' after ``(a)''; (2) in subsection (b), by inserting ``Use Within State Borders.--'' after ``(b)''; (3) in subsection (c), by inserting ``State Defense Forces Authorized.--'' after ``(c)''; (4) in subsection (l), as redesignated by subsection (a)(1), by inserting ``Effect of Membership in Defense Forces.--'' after ``(l)''; and (5) in subsection (m), as redesignated by subsection (a)(1), by inserting ``Prohibition on Reserve Component Members Joining Defense Forces.--'' after ``(m)'' (d) Clerical Amendments.-- (1) Section heading.--The heading of such section is amended to read as follows: ``Sec. 109. Maintenance of other troops: State defense forces''. (2) Clerical amendment.--The item relating to such section in the table of sections at the beginning of chapter 1 of such title is amended to read as follows: ``109. Maintenance of other troops: State defense forces.''.

State Defense Force Improvement Act - Recognizes state defense forces as integral military components of the homeland security effort of the United States, while reaffirming that such forces remain entirely state regulated, organized, and equipped, and recognizing that they will be used for homeland security purposes exclusively at the local level under state law. Authorizes the Secretary of Defense to coordinate homeland security efforts with, and provide assistance (including the use of Department of Defense (DOD) property, arms, equipment, and facilities) to, a state defense force, upon request. Leaves participation by a state defense force in a DOD or Department of Homeland Security (DHS) training program to state discretion. Requires a state to reimburse DOD for training assistance costs. Provides that funds available to DOD may not be made available to a state defense force. Makes the state liable for any injuries or damages incurred by a defense force member while engaged in training activities or state active duty.

To amend title 32, United States Code, to improve the readiness of State defense forces and to increase military coordination for homeland security between the States and the Department of Defense.

SECTION 1. PERMANENT MODIFICATION OF INDIVIDUAL RATE BRACKETS. (a) Married Individuals Filing Joint Returns and Surviving Spouses.--The table contained in subsection (a) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $19,050..................... 10% of taxable income. Over $19,050 but not over $77,400.... $1,905, plus 12% of the excess over $19,050. Over $77,400 but not over $165,000... $8,907, plus 22% of the excess over $77,400. Over $165,000 but not over $315,000.. $28,179, plus 24% of the excess over $165,000. Over $315,000 but not over $400,000.. $64,179, plus 32% of the excess over $315,000. Over $400,000 but not over $600,000.. $91,379, plus 35% of the excess over $400,000. Over $600,000........................ $161,379, plus 37% of the excess over $600,000.''. (b) Heads of Households.--The table contained in subsection (b) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $13,600..................... 10% of taxable income. Over $13,600 but not over $51,800.... $1,360, plus 12% of the excess over $13,600. Over $51,800 but not over $82,500.... $5,944, plus 22% of the excess over $51,800. Over $82,500 but not over $157,500... $12,698, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000.. $30,698, plus 32% of the excess over $157,500. Over $200,000 but not over $500,000.. $44,298, plus 35% of the excess over $200,000. Over $500,000........................ $149,298, plus 37% of the excess over $500,000.''. (c) Unmarried Individuals Other Than Surviving Spouses and Heads of Households.--The table contained in subsection (c) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $9,525...................... 10% of taxable income. Over $9,525 but not over $38,700..... $952.50, plus 12% of the excess over $9,525. Over $38,700 but not over $82,500.... $4,453.50, plus 22% of the excess over $38,700. Over $82,500 but not over $157,500... $14,089.50, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000.. $32,089.50, plus 32% of the excess over $157,500. Over $200,000 but not over $500,000.. $45,689.50, plus 35% of the excess over $200,000. Over $500,000........................ $150,689.50, plus 37% of the excess over $500,000.''. (d) Married Individuals Filing Separate Returns.--The table contained in subsection (d) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $9,525...................... 10% of taxable income. Over $9,525 but not over $38,700..... $952.50, plus 12% of the excess over $9,525. Over $38,700 but not over $82,500.... $4,453.50, plus 22% of the excess over $38,700. Over $82,500 but not over $157,500... $14,089.50, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000.. $32,089.50, plus 32% of the excess over $157,500. Over $200,000 but not over $300,000.. $45,689.50, plus 35% of the excess over $200,000. Over $300,000........................ $80,689.50, plus 37% of the excess over $300,000.''. (e) Estates and Trusts.--The table contained in subsection (e) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $2,550...................... 10% of taxable income. Over $2,550 but not over $9,150...... $255, plus 24% of the excess over $2,550. Over $9,150 but not over $12,500..... $1,839, plus 35% of the excess over $9,150. Over $12,500......................... $3,011.50, plus 37% of the excess over $12,500.''. (f) Adjustment for Inflation.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``2018''; (2) by striking ``determined--'' and all that follows in paragraph (2)(A) and inserting ``determined by substituting `2017' for `2016' in paragraph (3)(A)(ii),''; (3) by striking ``a married individual filing a separate return'' in paragraph (7)(B) and inserting ``any unmarried individual other than a surviving spouse or head of household''; (4) by striking ``married individuals filing separately'' in the heading of subparagraph (B) of paragraph (7) and inserting ``certain unmarried individuals''; and (5) by striking paragraph (8). (g) Special Rules for Certain Children With Unearned Income.-- Subsection (g) of section 1 of the Internal Revenue Code of 1986 is amended-- (1) by striking paragraphs (1), (3), and (5); (2) by redesignating paragraphs (4), (6), and (7) as paragraphs (5), (7), and (8), respectively; (3) by redesignating paragraph (2) as paragraph (6) and by moving such paragraph to the position between paragraphs (5) and (7) (as so redesignated); (4) by inserting before paragraph (5) (as so redesignated) the following new paragraphs: ``(1) In general.--In the case of a child to whom this subsection applies for the taxable year, the amount of tax imposed by this section on such child shall be determined as provided in paragraphs (2) and (3). ``(2) Modifications to applicable rate brackets.--The income tax table otherwise applicable under this section to the child shall be applied with the following modifications: ``(A) 24-percent bracket.--The maximum taxable income which is taxed at a rate below 24 percent shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the minimum taxable income for the 24-percent bracket in the table under subsection (e) (as adjusted under subsection (f)) for the taxable year. ``(B) 35-percent bracket.--The maximum taxable income which is taxed at a rate below 35 percent shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the minimum taxable income for the 35-percent bracket in the table under subsection (e) (as adjusted under subsection (f)) for the taxable year. ``(C) 37-percent bracket.--The maximum taxable income which is taxed at a rate below 37 percent shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the minimum taxable income for the 37-percent bracket in the table under subsection (e) (as adjusted under subsection (f)) for the taxable year. ``(3) Coordination with capital gains rates.--For purposes of applying subsection (h)-- ``(A) the maximum zero rate amount shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the amount in effect under subsection (h)(12)(A)(iv) for the taxable year, and ``(B) the maximum 15-percent rate amount shall not be more than the sum of-- ``(i) the earned taxable income of such child, plus ``(ii) the amount in effect under subsection (h)(12)(B)(iv) for the taxable year. ``(4) Earned taxable income.--For purposes of this subsection, the term `earned taxable income' means, with respect to any child for any taxable year, the taxable income of such child reduced (but not below zero) by the net unearned income of such child.''; and (5) by striking ``paragraph (4)(A)(ii)(I)'' each place it appears in subparagraphs (A)(ii), (B)(i), and (B)(ii)(II) of paragraph (8) (as so redesignated) and inserting ``paragraph (5)(A)(ii)(I)''. (h) Capital Gains Brackets.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``which would (without regard to this paragraph) be taxed at a rate below 25 percent'' in paragraph (1)(B)(i) and inserting ``below the maximum zero rate amount''; (2) by striking ``which would (without regard to this paragraph) be taxed at a rate below 39.6 percent'' in paragraph (1)(C)(ii)(I) and inserting ``below the maximum 15-percent rate amount''; and (3) by adding at the end the following new paragraph: ``(12) Maximum amounts defined.--For purposes of this subsection-- ``(A) Maximum zero rate amount.--The maximum zero rate amount shall be-- ``(i) in the case of a joint return or surviving spouse, $77,200, ``(ii) in the case of an individual who is a head of household (as defined in section 2(b)), $51,700, ``(iii) in the case of any other individual (other than an estate or trust), an amount equal to \1/2\ of the amount in effect for the taxable year under clause (i), and ``(iv) in the case of an estate or trust, $2,600. ``(B) Maximum 15-percent rate amount.--The maximum 15-percent rate amount shall be-- ``(i) in the case of a joint return or surviving spouse, $479,000 (\1/2\ such amount in the case of a married individual filing a separate return), ``(ii) in the case of an individual who is the head of a household (as defined in section 2(b)), $452,400, ``(iii) in the case of any other individual (other than an estate or trust), $425,800, and ``(iv) in the case of an estate or trust, $12,700. ``(C) Inflation adjustment.--In the case of any taxable year beginning after 2018, each of the dollar amounts in subparagraphs (A) and (B) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under subsection (f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2017' for `calendar year 2016' in subparagraph (A)(ii) thereof. If any increase under this subparagraph is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.''. (i) Conforming Amendments.-- (1) Section 1 of the Internal Revenue Code of 1986 is amended by striking subsections (i) and (j). (2) Section 3402(q)(1) of such Code is amended by striking ``third lowest'' and inserting ``fourth lowest''. (j) Section 15 Not To Apply.--Section 15 of the Internal Revenue Code of 1986 shall not apply to any change in a rate of tax by reason of this section. (k) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2018.

This bill amends the Internal Revenue Code to make permanent provisions included in P.L. 115-97 (commonly known as the Tax Cuts and Jobs Act) that: (1) reduced the individual tax rates, and (2) modified the taxation of the unearned income of children. The existing individual tax rates (10%, 12%, 22%, 24%, 32%, 35%, and 37%) are currently scheduled to expire and revert to higher rates at the end of 2025.

A bill to amend the Internal Revenue Code of 1986 to make permanent the individual tax rates in effect for taxable years 2018 through 2025.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Information Presentation Act of 1998''. SEC. 2. FINDINGS. The Congress finds the following: (1) There is a substantial lack of consistency in the presentation of information explaining and supporting Federal rulemaking actions when such information is published with proposed and final rules in the Federal Register. (2) This lack of consistency makes it more difficult for the public and Congress to understand rulemaking actions and their justification and to locate particular relevant information. (3) Presidential Executive Order 12866, promulgated September 30, 1993, specifies certain analytical components for Federal rulemaking that provide a useful design for consistent organization of the information presented in Federal Register rulemaking notices. (4) Such a consistent format will facilitate congressional, executive branch, and public review of proposed rulemaking actions. SEC. 3. FORMATTING OF RULEMAKING ENTRIES IN THE FEDERAL REGISTER. (a) Significant Rules.--This section applies to each significant rule that is published in the Federal Register as a general notice of proposed rulemaking, or as a final or interim final substantive rule, under section 553 of title 5, United States Code. (b) Information To Be Included in Proposed, Interim Final, and Final Rules.--Each agency shall, in accordance with a uniform format to be established (after public notice and an opportunity for public comment) by the Office of the Federal Register, include in the preamble (the ``Supplementary Information'') to each such significant rule, both as a proposed and as a final or interim final rule, the information specified in this subsection. (1) Rulemaking status.-- (A)(i) The agency shall describe whether, and if so the reason that, the rule has been determined to be-- (I) a significant rule; or (II) a major rule under section 804(2) of title 5, United States Code. (ii) If the agency determines that a rule is not a significant rule, the agency shall provide the reasons and justifications for such determination using each of the factors described in section 5(3). (B) The agency shall identify the nature and timing of any applicable legal deadline or other good cause for the issuance of the rule more quickly than the normal work schedule would provide. (C) The agency shall provide an explanation as to whether the President, the Vice President, or any official in the Executive Office of the President has waived any provision of any relevant Executive order or related policy directive applicable to the rulemaking. If any cost-benefit analysis, risk assessment, or other evaluation of the rule prepared by the agency displays an important gap in the analytical information relied upon therein, the agency shall provide an explanation as to why it is or is not feasible or reasonable to delay the rulemaking until those gaps in information are filled. (2) Regulatory policy officer.--The agency shall provide the name, telephone number, and position of the regulatory policy officer of the agency responsible at each stage of the regulatory process for fostering the development of effective, innovative, and least burdensome regulations and furthering the principles set forth in any relevant Executive order or related policy directive related to rulemaking. (3) Consultation.--The agency shall describe any consultations with stakeholders, formal advisory bodies, and State, local, or tribal governments under title II of Public Law 104-4 (2 U.S.C. 1531 et seq.) or other applicable authority, identifying the individuals involved and the issues discussed. (4) Need.--The agency shall identify any applicable law requiring the specific rulemaking and separately describe any compelling public need for undertaking the rulemaking, including a detailed explanation of the need for preempting, or regulating instead of, State, local, or tribal governments. (5) Legal authority.--The agency shall identify the specific statutory provisions authorizing the rule, the overall regulatory program involved, and the scope of the statutory discretion of the agency, if any, to regulate and the degree to which the agency is regulating. Except in cases in which the rule has no legal effect other than to implement the literal wording of the applicable law, the agency shall include in the preamble a legal analysis identifying the scope of discretion available to the agency in undertaking the rulemaking. (6) Alternatives considered.--The agency shall identify the principal regulatory alternatives considered by the agency before determining which alternative to propose for public comment, or to adopt in the final or interim final rule. (7) Alternative selected.--Based on the criteria set forth in title II of Public Law 104-4 (2 U.S.C. 1531 et seq.) and any relevant Executive order or related policy directive related to rulemaking, the agency shall identify and explain in reasonable detail the reasons why the agency selected the alternative to be adopted or adopted in the rule. (8) Costs.--The agency shall estimate the direct and indirect costs of the rule, which shall be stated to the extent reasonably possible as monetized costs, quantified costs, or qualitative costs, in that order. (9) Impacts.--The agency shall identify the entities that will be significantly impacted through compliance with the rule, and shall evaluate and describe the nature of the impacts that are anticipated to be caused by the costs to be imposed or other actions the entities are anticipated to take in order to come into compliance with the rule. The agency shall summarize any analysis or evaluation conducted under title II of Public Law 104-4 (2 U.S.C. 1531 et seq.) or chapter 6 of title 5, United States Code, or if the agency did not conduct such an analysis or evaluation, provide an explanation as to why an analysis or evaluation was not performed. (10) Benefits.--The agency shall estimate the direct and indirect benefits of the rule. These benefits shall be stated to the extent possible as monetized benefits, quantified benefits, or qualitative benefits. (11) Certification of compliance.--The agency shall state whether any official in the Executive Office of the President carried out a review of the rule under any relevant Executive order or related policy directive related to rulemaking. If such a review has been carried out, the agency shall briefly describe the individuals involved, the timing of the review process, the procedural actions taken by those involved, and the nature of any issues raised in the course of such review. If any such official found the issuance of the rule to be consistent with the regulatory principles set forth in such Executive order or related policy directive related to rulemaking, the agency shall identify the official, and describe the nature of the communication involved. (c) Additional Information To Be Included in Interim Final and Final Rules.-- (1) In general.--Each agency shall, in accordance with a uniform format to be established (after public notice and opportunity for public comment) by the Office of the Federal Register, include in the preamble (the ``Supplementary Information'') to each such significant rule, as a final or interim final rule, the information specified in this subsection. (2) Significant issues.-- (A) Each agency shall provide a brief description of the significant issues raised-- (i) by the public in a statement placed in the rulemaking file; (ii) in consultations described in subsection (b)(3) by formal advisory bodies; and (iii) by any official in the Executive Office of the President carrying out a review under any relevant Executive order or related policy directive related to rulemaking. (B) If, under subparagraph (A)(iii), an official did not raise any significant issue, the agency shall provide a description to that effect. The agency shall identify and describe any important gap in analytical information relied upon in any cost-benefit analysis, risk assessment, or other evaluation of the rule prepared by the agency, and any assumptions and justification for such assumptions that were used to fill those gaps. (3) Conflict resolution.--The agency shall describe in reasonable detail, both concerning the specific review procedures used and also the substantive concerns raised-- (A) whether the rule was returned to the agency for reconsideration by any official in the Executive Office of the President, the nature of any reasons for such return, and the nature of the response of the agency to such return; (B) the nature of any involvement by the President or Vice President or their respective staff in reviewing the rule, or any earlier version of the rule, submitted for review by any official in the Executive Office of the President under any relevant Executive order or related policy directive related to rulemaking; and (C) the nature of the resolution of any disagreement involved in such review or return. (4) Significant substantive changes.-- (A) The agency shall provide a brief description of any substantive changes to the rule made-- (i) following the end of the period for public comment and the submission of the draft final or interim final rule for review by any official in the Executive Office of the President under any relevant Executive order or related policy directive related to rulemaking; and (ii) during any review of the draft final or interim final rule by any official in the Executive Office of the President under any relevant Executive order or related policy directive related to rulemaking. (B) The agency shall identify the individual primarily responsible for suggesting any such substantive change, if such individual is not within the program office directly responsible for drafting the rule. (5) Cost-benefit determination.--To the extent permitted by law and as applicable, the agency shall provide a reasoned statement explaining the way in which the estimated benefits of the rule justify its estimated costs, as described under subsections (b)(8) and (b)(10), and any other impacts, as described under subsection (b)(9). To the extent that the agency relies upon qualitative benefits to justify the action of the agency, the agency shall also describe the subjective nature and uncertainties inherent in such a statement of qualitative benefits. (d) Good Cause Exception.--When the agency for good cause finds, and incorporates the finding and a brief statement of reasons therefor in the rule, that providing any portion of the information required by subsections (b) and (c) is impracticable, unnecessary, or contrary to the public interest, the agency may issue the rule without providing such portion of the information required. The agency shall identify in the preamble to the rule the portion of the information that is not being provided and shall state the reasons for not providing the preamble and when the preamble will be provided. The agency shall make every reasonable effort to provide such information before the effective date of the rule. SEC. 4. PUBLIC NOTICE. Each agency shall, on an annual basis and in accordance with a schedule and uniform format to be established (after public notice and opportunity for public comment) by the Office of the Federal Register, publish a notice in the Federal Register that contains the following specified statistics: (1) The number of rules published as proposed, interim final, and final rules. (2) The number of rules under paragraph (1) that are discretionary, in contrast to rules the contents of which were specifically mandated by law as described under section 3(b)(5). (3) The number of pages in the Federal Register for each category of rule under paragraphs (1) and (2). (4) The number of those rules that are-- (A) significant rules; and (B) major rules under section 804(2) of title 5, United States Code. (5) The number of those rules reviewed under any relevant Executive order or related policy directive related to rulemaking, the number of rules substantively changed during such reviews, and the number of pertinent actions taken during such reviews. SEC. 5. DEFINITIONS. As used in this Act: (1) The term ``agency'' has the meaning given that term in section 551(1) of title 5, United States Code. (2) The term ``rule'' has the meaning given that term in section 551(4) of title 5, United States Code. (3) The term ``significant rule'' means any agency rulemaking action that is likely to result in a rule that may-- (A) have an annual effect on the economy of $1,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (B) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (C) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (D) raise novel legal or policy issues arising out of legal mandates, the priorities of the President, or the regulatory principles set forth in any relevant Executive order or related policy directive. SEC. 6. EFFECTIVE DATE. This Act shall take effect 90 days after the date of the enactment of this Act.

Regulatory Information Presentation Act of 1998 - Directs each Federal agency, in accordance with a uniform format to be established by the Office of the Federal Register, to include in the preamble to each significant rule, both as a proposed and as a final or interim final rule, information concerning: (1) whether and on what basis the rule has been determined to be or not to be a significant or major rule; (2) any legal deadline or good cause for issuing the rule more quickly than normal; (3) any executive waiver of rule making policy; (4) the identity of the regulatory policy officer responsible at each stage of the regulatory process for the development of the regulations; (5) agency consultations with stakeholders, advisory bodies, and State and local governments; (6) any applicable law requiring, and any compelling public need for, the rule making; (7) the specific legal authority for the rule, the overall regulatory program involved, and the scope of the agency's discretion to regulate; (8) the principal regulatory alternatives considered by the agency; (9) the reasons for selection of the alternative adopted; (10) the rule's costs, impacts, and benefits; and (11) certification of compliance with any relevant rule making review requirements. Requires each agency to also include in the preamble to each significant rule, as a final or interim final rule: (1) a brief description of the significant issues raised by the public, in consultations by formal advisory bodies, and by any official in the Executive Office of the President carrying out a review of the rule making; (2) a description, concerning both the specific review procedures used and the substantive concerns raised, of any reconsideration of the rule of such an official, the nature of any involvement by the President or Vice President or their respective staff in reviewing the rule, and the nature of the resolution of any disagreement involved in such review or return; (3) a brief description of any substantive changes made to the rule during specified periods and the identity of the individual primarily responsible for suggesting any such substantive change if such individual is not within the program office directly responsible for drafting the rule; and (4) a statement explaining how the rule's estimated benefits justify its costs. Permits an agency to issue a rule without providing a portion of the information required if it determines that providing such information is impracticable, unnecessary, or contrary to the public interest. Requires the agency to: (1) identify in the rule's preamble the information omitted, the reasons for the omission, and when the information will be provided; and (2) make every effort to provide the information before the rule's effective date. Requires each agency to publish, annually, a notice in the Federal Register that contains statistics on the number of: (1) rules published as proposed, interim final, and final rules; (2) rules that are discretionary, in contrast to mandated; (3) pages in the Federal Register for each category of rule; (4) significant rules and major rules; and (5) rules reviewed under a rule making policy directive, the number substantively changed, and the number of pertinent actions taken during such reviews.

Regulatory Information Presentation Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``COBRA Enhancement and Healthcare Relief Act of 2006''. SEC. 2. EXTENSION OF COBRA CONTINUATION COVERAGE. (a) Under ERISA.--Section 602(2)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)) is amended-- (1) by amending clause (i) to read as follows: ``(i) General rule.--In the case of a qualifying event not described in section 603(6), the date that is 36 months after the date of the qualifying event.''; (2) by striking clauses (ii), (iv), and (v) and by striking the sentence beginning ``In the case of a qualified beneficiary''; and (3) by redesignating clause (iii) as clause (ii). (b) Under PHSA.--Section 2202(2)(A) of the Public Health Service Act (42 U.S.C. 300bb-2(2)(A)) is amended to read as follows: ``(A) Maximum required period.--The date that is 36 months after the date of the qualifying event.''. (c) Under IRC.--Section 4980B(f)(2)(B)(i) of the Internal Revenue Code of 1986 is amended-- (1) by amending subclause (I) to read as follows: ``(I) General rule.--In the case of a qualifying event not described in paragraph (3)(F), the date that is 36 months after the date of the qualifying event.''; (2) by striking subclauses (II), (IV), and (V) and by striking the sentence beginning ``In the case of a qualified beneficiary''; and (3) by redesignating subclause (III) as subclause (II). (d) Under FEHBP.--Section 8905a(e) of title 5, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``18 months'' and inserting ``36 months''; (2) in paragraph (1)(C), by striking ``24 months'' and inserting ``36 months''; and (3) in paragraph (2)(C), by striking ``18-month'' and inserting ``36-month''. (e) Effective Date.--The amendments made by this section shall apply to qualifying events occurring on or after the date that is 18 months before the date of the enactment of this Act. SEC. 3. TAX CREDIT FOR COST OF COBRA CONTINUATION COVERAGE. (a) In General.--Subpart C of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. COBRA CONTINUATION COVERAGE. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under COBRA continuation coverage for months beginning in the taxable year. ``(b) Limitations.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for the taxable year shall not exceed the sum of the monthly limitations for months during such taxable year. ``(2) Monthly limitation.--The monthly limitation for any month is the product of the credit percentage for such month multiplied by the amounts paid by the taxpayer for such month which may be taken into account under subsection (a). ``(3) Credit percentage.--The credit percentage for any month in any period of COBRA continuation coverage is-- ``(A) 100 percent, in the case of the first 12 months of such period, ``(B) 50 percent, in the case of the first 12 months after the months to which subparagraph (A) applies, and ``(C) zero, in the case of any month thereafter. ``(c) Qualifying Family Member.--For purposes of this section, the term `qualifying family member' means the taxpayer's spouse and any dependent of the taxpayer. ``(d) COBRA Continuation Coverage.--For purposes of this section, the term `COBRA continuation coverage' means coverage under a COBRA continuation provision (as defined in section 9832(d)(1)). ``(e) Other Specified Coverage.--Amounts paid for COBRA continuation coverage of any individual for any month shall not be taken into account under subsection (a) if such individual has other specified coverage for such month (within the meaning of section 35(f)). ``(f) Special Rules.-- ``(1) Coordination with advance payments of credit.--With respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7529 for months beginning in such taxable year. ``(2) Coordination with other deductions.--Amounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162(l) or 213. ``(3) Coordination with other health insurance costs credit.--Amounts taken into account under subsection (a) with respect to coverage for any month shall not be taken into account in determining the credit allowed under section 35. Any taxpayer who would (but for the preceding sentence) be allowed a credit under section 35 may elect not to have this section apply with respect to amounts paid for coverage for any month during the taxable year. ``(4) Medical and health savings accounts.--Amounts distributed from an Archer MSA (as defined in section 220(d)) or from a health savings account (as defined in section 223(d)) shall not be taken into account under subsection (a). ``(5) Denial of credit to dependents.--No credit shall be allowed under this section to 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 such individual's taxable year begins. ``(6) Separate returns.--The spouse of the taxpayer shall not be treated as a qualifying family member for purposes of this section if the taxpayer files a separate return for the taxable year. ``(7) Insurance which covers other individuals .--For purposes of this section, rules similar to the rules of section 213(d)(6) shall apply with respect to any contract for COBRA continuation coverage under which amounts are payable for coverage of an individual other than the taxpayer and qualifying family members. ``(8) Treatment of payments.--For purposes of this section-- ``(A) Payments by secretary.--Payments made by the Secretary on behalf of any individual under section 7529 (relating to advance payment of credit for cost of COBRA continuation coverage) shall be treated as having been made by the taxpayer on the first day of the month for which such payment was made. ``(B) Payments by taxpayer.--Payments made by the taxpayer for coverage months shall be treated as having been made by the taxpayer on the first day of the month for which such payment was made. ``(9) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section, section 6050U, and section 7529.''. (b) Advance Payment of Credit as Premium Payment for COBRA Continuation Coverage.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following: ``SEC. 7529. ADVANCE PAYMENT OF CREDIT AS PREMIUM PAYMENT FOR COBRA CONTINUATION COVERAGE. ``(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish a program for making payments to providers of COBRA continuation coverage (as defined in section 36(d)) on behalf of taxpayers eligible for the credit under section 36. ``(b) Limitations.-- ``(1) Termination after first 12 months of coverage.--The Secretary shall not make any payment under subsection (a) with respect to any individual for COBRA continuation coverage of such individual for any month after the first 12 months of any period of COBRA continuation coverage. ``(2) Dollar limitation.--The Secretary may make payments under subsection (a) only to the extent that the such payment does not exceed 100 percent of the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under COBRA continuation coverage for the months to which such payment relates.''. (c) Disclosure of Return Information for Purposes of Carrying Out Advance Payment Program.-- (1) In general.--Subsection (l) of section 6103 of such Code is amended by adding at the end the following new paragraph: ``(21) Disclosure of return information for purposes of advance payment of credit as premium payment for cobra continuation coverage.--The Secretary may, on behalf of taxpayers eligible for the credit under section 36, disclose to a provider of COBRA continuation coverage (as defined in section 36(d)), and persons acting on behalf of such provider, return information with respect to any such taxpayer only to the extent necessary (as prescribed by regulations issued by the Secretary) to carry out the program established by section 7529 (relating to advance payment of credit as premium payment for COBRA continuation coverage).''. (2) Confidentiality of information.--Paragraph (3) of section 6103(a) of such Code is amended by striking ``or (20)'' and inserting ``(20), or (21)''. (3) Unauthorized disclosure.--Paragraph (2) of section 7213(a) of such Code is amended by striking ``or (20)'' and inserting ``(20), or (21)''. (d) Information Reporting.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of such Code (relating to information concerning transactions with other persons) is amended by inserting after section 6050T the following new section: ``SEC. 6050U. RETURNS RELATING TO CREDIT FOR COBRA CONTINUATION COVERAGE. ``(a) Requirement of Reporting.--Every person who is entitled to receive payments for any month of any calendar year under section 7529 (relating to advance payment of credit as premium payment for COBRA continuation coverage) with respect to any individual shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to each such individual. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, and ``(2) contains-- ``(A) the name, address, and TIN of each individual referred to in subsection (a), ``(B) the number of months for which amounts were entitled to be received with respect to such individual under section 7529 (relating to advance payment of credit as premium payment for COBRA continuation coverage), ``(C) the amount entitled to be received for each such month, and ``(D) such other information as the Secretary may prescribe. ``(c) Statements to Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return and the phone number of the information contact for such person, and ``(2) the information required to be shown on the return with respect to such individual. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.''. (2) Assessable penalties.-- (A) Subparagraph (B) of section 6724(d)(1) of such Code (relating to definitions) is amended by redesignating clauses (xiii) through (xviii) as clauses (xiv) through (xix), respectively, and by inserting after clause (xii) the following new clause: ``(xiii) section 6050U (relating to returns relating to credit for COBRA continuation coverage),''. (B) Paragraph (2) of section 6724(d) of such Code is amended by striking ``or'' at the end of subparagraph (AA), by striking the period at the end of subparagraph (BB) and inserting ``, or'', and by adding after subparagraph (BB) the following new subparagraph: ``(CC) section 6050U (relating to returns relating to credit for COBRA continuation coverage).''. (e) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or section 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating the item relating to section 36 as an item relating to section 37 and by inserting after the item relating to section 35 the following new item: ``Sec. 36. COBRA continuation coverage.''. (3) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050U. Returns relating to credit for COBRA continuation coverage.''. (4) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Advance payment of credit as premium payment for COBRA continuation coverage.''. (f) Effective Date.--The amendments made by this section shall apply to amounts paid for coverage months beginning after the date of the enactment of this Act, in taxable years ending after such date. SEC. 4. REDUCTION IN BENEFIT OF RATE REDUCTION FOR FAMILIES WITH INCOMES OVER $1,000,000. (a) General Rule.--Section 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Reduction in Benefit of Rate Reduction for Families With Incomes Over $1,000,000.-- ``(1) In general.--If the adjusted gross income of a taxpayer exceeds the threshold amount, the tax imposed by this section (determined without regard to this subsection) shall be increased by an amount equal to the applicable percentage of so much of the adjusted gross income as exceeds the threshold amount. ``(2) Threshold amounts.--For purposes of this subsection, the term `threshold amount' means-- ``(A) $1,000,000 in the case of a joint return, and ``(B) $500,000 in the case of any other return. ``(3) Applicable percentage.--For purposes of this subsection, the term `applicable percentage' means, with respect to any taxable year, such percentage as is estimated by the Secretary to result in an increase in the revenues to the Treasury for such taxable year which is equal to the decrease (if any) in the revenues to the Treasury that the Secretary estimates results from the application of sections 36 and 7529 for such taxable year. ``(4) Tax not to apply to estates and trusts.--This subsection shall not apply to an estate or trust. ``(5) Special rule.--For purposes of section 55, the amount of the regular tax shall be determined without regard to this subsection.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (c) Application of EGTRRA Sunset.--The amendment made by this section shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 to the same extent and in the same manner as section 101 of such Act. (d) Section 15 Not to Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986.

COBRA Enhancement and Health Care Relief Act of 2006 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, the Internal Revenue Code, and related federal law provisions to extend from 18 to 36 months the period during which employees and other individuals whose group health care coverage has terminated can continue such coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (known as COBRA continuation coverage). Amends the Internal Revenue Code to: (1) allow individual taxpayers a tax credit for the cost of COBRA continuation coverage; (2) provide for advance payments of such credit to cover current COBRA continuation coverage premiums; and (3) increase tax rates for individuals with adjusted gross incomes over $500,000 ($1 million for married taxpayers filing joint tax returns).

To amend the COBRA continuation Act provisions to extend COBRA continuation coverage from 18 months to 36 months, to provide a tax credit for the cost of such coverage, and to reduce the income tax rate reduction for families with incomes of more than a million dollars.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Charitable Giving Protection Act of 1995''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--AMENDMENTS TO THE SECURITIES LAWS Sec. 101. Amendment to the Investment Company Act of 1940. Sec. 102. Amendment to the Securities Act of 1933. Sec. 103. Amendments to the Securities Exchange Act of 1934. Sec. 104. Amendment of the Investment Advisers Act of 1940. Sec. 105. Effective dates and applicability. TITLE II--CLARIFICATION OF ANTITRUST LAWS Sec. 201. Exemption from antitrust laws. Sec. 202. Effective date and applicability. SEC. 2. FINDINGS. The Congress finds that-- (1) charities have served a unique and essential role in meeting the needs of the American people; (2) charities have healed the sick, fed the hungry, sheltered the needy, and educated our children; (3) in order to ensure that charities can continue to meet the needs of the American people, the Federal Government should do everything possible to encourage charitable giving; (4) charities should be able to raise funds and invest funds, both on their own and collectively with other charities, without excessive Government intervention or unnecessary legal or regulatory requirements; (5) the Congress, in passing the Technical Corrections Act of 1988, differentiated between charitable gift annuities and annuities issued by commercial organizations for profit; and (6) unlike commercial annuities, charitable gift annuities are not issued for profit, and their issuance, maintenance, and investment by charities is not subject to the anticompetitive prohibitions of the Federal antitrust laws. TITLE I--AMENDMENTS TO THE SECURITIES LAWS SEC. 101. AMENDMENT TO THE INVESTMENT COMPANY ACT OF 1940. Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a- 3(c)) is amended by inserting after paragraph (6) the following new paragraph: ``(7)(A) Subject to subparagraph (B), a pooled income fund, or any collective trust fund, collective investment fund, or similar fund maintained by a charitable organization exclusively for the collective investment and reinvestment of-- ``(i) the general endowment fund or other funds of one or more charitable organizations; ``(ii) assets of a pooled income fund; ``(iii) assets contributed to a charitable organization in exchange for the issuance of charitable gift annuities; ``(iv) assets of a charitable remainder trust or of any other trust, the remainder interests of which are irrevocably dedicated to any charitable organization; ``(v) assets of a charitable lead trust; or ``(vi) assets of a trust not described in clauses (i) through (v), the remainder interests of which are revocably dedicated to a charitable organization. ``(B) A fund described in subparagraph (A), and any charitable organization that maintains such a fund, shall be excluded from treatment as an investment company in accordance with this subsection only if-- ``(i) each contributor to a pooled income fund and each settlor of a trust described in clause (iv), (v), or (vi) of subparagraph (A) is provided with written information describing the material terms of the instruments governing the operation of the pooled income fund, in the case of a contributor to such fund, or of the fund in which any assets of such pooled income fund or such a trust are invested, by the later of June 30, 1996, or the date of investment in such fund; and ``(ii) each person soliciting gifts, as described in subparagraph (A), that will be administered in any collective trust fund, collective investment fund, or similar fund maintained by a charitable organization is either a volunteer or is employed in the overall fundraising activities of a charitable organization and receives no commissions or other special compensation based on the amount of gifts transferred to such fund. ``(C) The exemption provided by subparagraph (A)(vi) shall terminate on December 31, 1998. ``(D) For purposes of this paragraph-- ``(i) a trust or fund is `maintained' by a charitable organization that serves as a trustee or administrator of the trust or fund or that has the power to remove the trustees or administrators of the trust or fund and to designate new trustees or administrators; ``(ii) the term `pooled income fund' has the same meaning as in section 642(c)(5) of the Internal Revenue Code of 1986; ``(iii) the term `charitable organization' means an organization described in paragraphs (1) through (5) of section 170(c) or section 501(c)(3) of the Internal Revenue Code of 1986; ``(iv) the term `charitable lead trust' means a trust described in section 170(f)(2)(B), 2055(e)(2)(B), or 2522(c)(2)(B) of the Internal Revenue Code of 1986; ``(v) the term `charitable remainder trust' means a charitable remainder annuity trust or a charitable remainder unitrust, as those terms are defined in section 664(d) of the Internal Revenue Code of 1986; and ``(vi) the term `charitable gift annuity' means an annuity issued by a charitable organization that is described in section 501(m)(5) of the Internal Revenue Code of 1986.''. SEC. 102. AMENDMENT TO THE SECURITIES ACT OF 1933. Section 3(a) of the Securities Act of 1933 (15 U.S.C. 77c(a)) is amended by adding at the end the following new paragraph: ``(13) Any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund that is deemed not to be an investment company under section 3(c)(7) of the Investment Company Act of 1940.''. SEC. 103. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934. (a) Exempted Securities.--Section 3(a)(12)(A) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(12)(A)) is amended-- (1) in clause (iv) by striking ``and'' at the end; (2) by redesignating clause (v) as clause (vi); and (3) by inserting after clause (iv) the following new clause: ``(v) any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund that is deemed not to be an investment company under section 3(c)(7) of the Investment Company Act of 1940; and''. (b) Exemption From Broker-Dealer Provisions.--Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(c)) is amended by adding at the end the following new paragraph: ``(54) Charitable organizations.--Notwithstanding any other provision of this title, a charitable organization, as defined in section 3(c)(7) of the Investment Company Act of 1940, or any trust- ee, director, officer, employee, or volunteer of such a charitable organization acting within the scope of such person's employment or duties, shall not be deemed to be a `broker', `dealer', `municipal securities broker', `municipal securities dealer', `government securities broker', or `government securities dealer' for purposes of this title solely because such organization or person buys, holds, sells, or trades in securities for its own account in its capacity as trustee or administrator of, or otherwise on behalf of or for the account of-- ``(A) such a charitable organization; ``(B) a fund that is exempt from the provisions of the Investment Company Act of 1940 under section 3(c)(7) of that Act; or ``(C) a trust or other donative instrument, the assets of which may be contributed to or invested in such funds in accordance with section 3(c)(7) of the Investment Company Act of 1940, or the settlors (or potential settlors) or beneficiaries of any such trust or other instrument.''. SEC. 104. AMENDMENT OF THE INVESTMENT ADVISERS ACT OF 1940. Section 202(a)(11) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(11)) is amended-- (1) by striking ``does not include (A) a bank'' and inserting ``does not include-- ``(A) a bank''; (2) by striking ``(B) any lawyer'' and inserting the following: ``(B) any lawyer''; (3) by striking ``(C) any broker'' and inserting the following: ``(C) any broker''; (4) by striking ``(D) the publisher'' and inserting the following: ``(D) the publisher''; (5) by striking ``(E) any person'' and inserting the following: ``(E) any person''; (6) by striking ``or (F) such other'' and inserting the following: ``(G) such other''; and (7) by inserting after subparagraph (E) the following new subparagraph: ``(F) any charitable organization, as defined in section 3(c)(7) of the Investment Company Act of 1940, or any trustee, director, officer, employee, or volunteer of such a charitable organization acting within the scope of the employment or duties of such person, whose advice, analyses, or reports are provided only to-- ``(i) any such charitable organization; ``(ii) a fund that is exempt from the Investment Company Act of 1940 under section 3(c)(7) of that Act, or the trustees or administrators of such fund; or ``(iii) a trust or other donative instrument, the assets of which may be contributed to or invested in such fund in accordance with section 3(c)(7) of the Investment Company Act of 1940, or the trustees, administrators, settlors (or potential settlors), or beneficiaries of any such trust or other instrument; or''. SEC. 105. EFFECTIVE DATES AND APPLICABILITY. This title and the amendments made by this title shall apply in all administrative and judicial actions pending on or commenced after the date of enactment of this Act, as a defense to any claim that any person, security, interest, or participation of the type described in this title and the amendments made by this title is subject to the provisions of the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, or the Investment Advisers Act of 1940, except as otherwise specifically provided in those Acts. SEC. 106. PREEMPTION OF STATE LAW. (a) Registration Requirements.--A security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund that is exempt from the Investment Company Act of 1940 under section 3(c)(7) of that Act, and the offer or sale thereof, shall be exempt from any law of a State that requires registration or qualification of securities. (b) Treatment of Charitable Organizations.--No charitable organization, or any trustee, director, officer, employee, or volunteer of a charitable organization acting within the scope of such person's employment or duties, shall be required to register as, or be subject to regulation as, a dealer, broker, agent, or investment adviser under the laws of any State solely because such organization or person buys, holds, sells, or trades in securities for its own account in its capacity as trustee or administrator of, or otherwise on behalf of or for the account of-- (1) a charitable organization; (2) a fund that is exempt from the Investment Company Act of 1940 under section 3(c)(7) of that Act; or (3) a trust or other donative instrument, the assets of which may be contributed to or invested in such funds in accordance with section 3(c)(7) of the Investment Company Act of 1940, or the settlors (or potential settlors) or beneficiaries of any such trusts or other instruments. (c) State Action.--Notwithstanding subsections (a) and (b), during the 3-year period beginning on the date of enactment of this Act, a State may enact a statute that specifically refers to this section and provides prospectively that this section shall not preempt the laws of that State referred to in this section. (d) Definitions.--For purposes of this section-- (1) the term ``charitable organization'' means an organization described in paragraphs (1) through (5) of section 170(c) or section 501(c)(3) of the Internal Revenue Code of 1986; (2) the term ``security'' has the same meaning as in section 3 of the Securities Exchange Act of 1934; and (3) the term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. TITLE II--CLARIFICATION OF ANTITRUST LAWS SEC. 201. EXEMPTION FROM ANTITRUST LAWS. (a) In General.--The activities of a charitable organization relating to the issuance, maintenance, or investment of a charitable gift annuity are exempt from the application of the antitrust laws. (b) Definitions.--For purposes of this section-- (1) the term ``antitrust laws'' means-- (A) the Sherman Act (15 U.S.C. 1 et seq.); (B) the Clayton Act (15 U.S.C. 12 et seq.); (C) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and (D) any State law that is similar to the Acts referred to in subparagraphs (A) through (C). (2) the term ``charitable organization'' means an organization described in paragraphs (1) through (5) of section 170(c) or section 501(c)(3) of the Internal Revenue Code of 1986; (3) the term ``charitable gift annuity'' means an annuity issued by a charitable organization that is described in section 501(m)(5) of the Internal Revenue Code of 1986; and (4) the term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (c) State Action.--Notwithstanding subsections (a) and (b), during the 3-year period beginning on the date of enactment of this Act, a State may enact a statute that specifically refers to this section and provides prospectively that this section shall not preempt the laws of that State referred to in this section. SEC. 202. EFFECTIVE DATE AND APPLICABILITY. The exemption provided for in section 201 shall apply in any judicial or administrative action pending on or commenced after the date of enactment of this Act and shall serve as a defense to any claim that the sale or issuance of a charitable gift annuity is subject to any provision of antitrust laws.

TABLE OF CONTENTS: Title I: Amendments to the Securities Laws Title II: Clarification of Antitrust Laws Charitable Giving Protection Act of 1995 - Title I: Amendments to the Securities Laws - Exempts from the jurisdiction of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund deemed not to be an investment company under the Investment Company Act of 1940 (charitable gift annuities). Preempts State law to extend the charitable gift annuities exemption from its jurisdiction over: (1) securities registration or qualification requirements; and (2) any charitable organization regulation. Permits a State to enact a statute that specifically refers to this Act and provides prospectively that it does not preempt its laws. Title II: Clarification of Antitrust Laws - Exempts charitable gift annuities from application of the antitrust laws.

Charitable Giving Protection Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Child Abuse Act of 2003''. SEC. 2. AMENDMENTS TO THE VICTIMS OF CHILD ABUSE ACT OF 1990. The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended-- (1) in section 211 (42 U.S.C. 13001) by-- (A) redesignating paragraphs (6) and (7) as paragraphs (9) and (10), respectively; and (B) inserting after paragraph (5) the following: ``(6)(A) the National Children's Alliance (NCA) is a nationwide not-for-profit membership organization whose members are local Children's Advocacy Centers; ``(B) the NCA's mission is to assist communities seeking to improve their response to child abuse by supporting the development, growth, and continuation of Children's Advocacy Centers (CACs); and ``(C) the NCA provides training, technical assistance, and networking opportunities to CACs nationally; ``(7)(A) CACs are community partnerships committed to a multidisciplinary team approach by professionals pursuing the truth in child abuse investigations; and ``(B) CACs are based in child-friendly facilities that enable law enforcement, prosecutors, child protective services, and the medical and mental health communities to work as a team to investigate, prosecute, and treat child abuse; ``(8)(A) working in partnership with the National Children's Alliance, Regional Children's Advocacy Centers were established by the Office of Juvenile Justice and Delinquency Prevention to provide outreach and assistance to communities seeking to develop a Children's Advocacy Center; and ``(B) Regional Children's Advocacy Centers provide information, consultation, training, and technical assistance helping to establish child-focused programs that facilitate and support coordination among agencies responding to child abuse. Regional Children's Advocacy Centers also provide regional services to help Children's Advocacy Centers already in existence;''; (2) in section 212 (42 U.S.C. 13001a)-- (A) by striking paragraphs (3) and (6); (B) redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (C) redesignating paragraphs (7), (8), and (9) as paragraphs (5), (6), and (7), respectively; (3) in section 213 (42 U.S.C. 13001b)-- (A) by striking the caption for the section and inserting ``children's advocacy centers''; and (B) in subsection (a), by striking beginning with ``the Administrator'' through paragraph (1) and inserting the following: ``The Administrator of the Office of Juvenile Justice and Delinquency Prevention shall establish Regional Children's Advocacy Centers to-- ``(1) focus attention on child victims by assisting communities to develop and maintain local Children's Advocacy Centers which are child-focused community-oriented facility based programs designed to improve the resources available to children and families affected by child abuse and neglect;''; (C) in subsection (b)(1), by striking ``, in coordination with the Director,''; (D) in subsection (c)-- (i) in paragraph (1), by striking the text and inserting ``The Administrator, in consultation with the National Children's Alliance, shall solicit proposals for assistance under this section when existing contracts with Regional Children's Advocacy Centers are close to expiration.''; and (ii) in paragraph (4)(B), by striking the matter before clause (i) and inserting the following: ``The Administrator shall select proposals for funding that--''; (E) in subsection (d)-- (i) in paragraph (1), by striking ``, in coordination with the Director,''; and (ii) in paragraph (2), by striking ``and the Director''; and (F) by striking subsection (e); (4) in section 214 (42 U.S.C. 13002)-- (A) by amending subsection (a) to read as follows: ``(a) In General.--The Administrator, in consultation with the officials from the Office of Victims of Crime, shall make grants to develop and implement local multidisciplinary child abuse investigations and prosecution programs. The National Children's Alliance shall serve as the subgrantor of these funds.''; and (B) in subsection (b)(1), by striking ``, in coordination with the Director,''; and (5) in section 214B (42 U.S.C. 13004), by amending the text to read as follows: ``(a) Sections 213 and 214.--There are authorized to be appropriated to carry out sections 213 and 214, $15,000,000 for each of fiscal years 2004 through 2008. ``(b) Section 214A.--There are authorized to be appropriated to carry out section 214A, $5,000,000 for each of fiscal years 2004 through 2008.''.

Victims of Child Abuse Act of 2003 - Reauthorizes the Victims of Child Abuse Act of 1990. Revises requirements for the establishment of Regional Children's Advocacy Centers, removing the Director of the National Center on Child Abuse and Neglect from the process. Revises assistance proposal solicitation requirements to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to solicit such proposals when existing contracts with Regional Children's Advocacy Centers are close to expiration. Eliminates the Children's Advocacy Advisory Board. Makes the National Children's Alliance the subgrantor of grants made by the Administrator to develop and implement local multidisciplinary child abuse investigations and prosecution programs.

A bill to improve the investigation and prosecution of child abuse cases through Children Advocacy Centers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Justice Accountability and Improvement Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Historically, courts in the United States have recognized the undeniable differences between adult and youth offenders. (2) While writing for the majority in Roper v. Simmons (125 S. Ct. 1183), a recent Supreme Court decision abolishing use of the death penalty for juveniles, Justice Kennedy declared such differences to be ``marked and well understood''. (3) Notwithstanding such edicts, many youth are being sentenced in a manner that has typically been reserved for adults. These sentences include a term of imprisonment of life without the possibility of parole. (4) The decision to sentence youthful offenders to life without parole is an issue of growing national concern. (5) While there are no youth serving such sentences in the rest of the world, research indicates that there are over 2,500 youth offenders serving life without parole in the United States. (6) The estimated rate at which the sentence of life without parole is imposed on children nationwide remains at least 3 times higher today than it was 15 years ago. (7) The majority of youth sentenced to life without parole are first-time offenders. (8) Sixteen percent of these individuals were age 15 or younger when they committed their crimes. SEC. 3. ESTABLISHING A MEANINGFUL OPPORTUNITY FOR PAROLE FOR CHILD OFFENDERS. (a) In General.-- (1) Requirements.--For each fiscal year after the expiration of the period specified in subsection (d)(1), each State shall have in effect laws and policies under which each child offender who is serving a life sentence receives, not less than once during the first 15 years of incarceration, and not less than once every 3 years of incarceration thereafter, a meaningful opportunity for parole or other form of supervised release. This provision shall in no way be construed to limit the access of child offenders to other programs and appeals which they were rightly due prior to the enactment of this Act. (2) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Attorney General shall issue guidelines and regulations to interpret and implement this section. (b) Definition.--In this section and section 4, the term ``child offender who is serving a life sentence'' means an individual who-- (1) is convicted of one or more offenses committed before the individual attained the age of 18; and (2) is sentenced, for such an offense or offenses, to a term of imprisonment of life, or of any number of years exceeding 15 years, cumulatively. (c) Applicability.--This section shall apply to individuals sentenced before, on, or after the date of the enactment of this Act. (d) Compliance and Consequences.-- (1) Compliance date.--Each State shall have not more than 3 years from the date of enactment of this Act to be in compliance with this section, except that the Attorney General may grant a 2-year extension to a State that is making a good faith effort to comply with this section. (2) Consequence of noncompliance.--For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to be in compliance with this section shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to that State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial Justice Assistance Grant Program or otherwise. (3) Reallocation.--Amounts not allocated under a program referred to in paragraph (2) to a State for failure to be in compliance with this section shall be reallocated under that program to States that are in compliance with this section. SEC. 4. NOTICE TO VICTIMS. Each State that has in effect laws and policies in accordance with the requirements of section 3 shall, not later than 1 year after the date of compliance with such section-- (1) provide notice to the public of such laws and policies, which shall include-- (A) a description of the opportunities for parole or supervised release available to child offenders who are serving a life sentence, and how those opportunities differ from the laws and policies in effect before compliance with section 3; and (B) the name and contact information of the office, agency, or other entity that may be contacted for additional information about such laws and policies, including the application of such laws and policies to a child offender who is serving a life sentence, by a victim who was directly and proximately harmed as a result of an offense described in section 3(b) that was committed by such a child offender; and (2) provide procedures whereby a victim who was directly and proximately harmed as a result of an offense described in section 3(b) that was committed by a child offender who is serving a life sentence may, upon request, receive information about the specific opportunities for parole or supervised release to be provided to such child offender in accordance with such laws and policies, including dates of parole or supervised release hearings and notice of decisions granting or denying parole or supervised release. SEC. 5. ESTABLISHING A PARALLEL SYSTEM FOR CHILD OFFENDERS SERVING LIFE SENTENCES AT THE FEDERAL LEVEL. Section 3624 of title 18, United States Code, is amended-- (1) in subsection (a) by striking ``A prisoner'' and inserting ``Except as otherwise provided by law, a prisoner''; and (2) by adding at the end the following: ``(g) Opportunity for Release for Child Offenders Serving a Life Sentence.--Not later than 1 year after the date of the enactment of this subsection, the Attorney General shall establish and implement a system of opportunity for release that will apply to child offenders who are serving a life sentence (as defined in section 3 of the Juvenile Justice Accountability and Improvement Act of 2009) for Federal offenses. The system shall conform as nearly as practicable to the laws and policies required of a State under section 3(a) of such Act and shall include provision for the same or similar notice to victims as States are required to provide under section 4 of such Act. The system shall be in addition to any other method of release that might apply to such an offender.''. SEC. 6. GRANTS TO IMPROVE LEGAL REPRESENTATION OF CHILDREN FACING OR SERVING LIFE IN PRISON. (a) Grants Authorized.--The Attorney General shall, subject to the availability of appropriations, award grants to States to improve the quality of legal representation of certain child defendants and child offenders by providing for competent legal representation for individuals who-- (1) are charged with committing an offense, before the individual attained the age of 18, that is subject to a sentence that may include a term of imprisonment of life, or the functional equivalent in years or more; or (2) are convicted of an offense committed before the individual attained the age of 18, and are sentenced to a term of imprisonment of life, or the functional equivalent in years or more, for that offense, and who seek appellate or collateral relief, including review in the Supreme Court of the United States. (b) Legal Representation.--In this section, the term ``legal representation'' means legal counsel and investigative, expert, and other services necessary for competent representation. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.

Juvenile Justice Accountability and Improvement Act of 2009 - Requires states to: (1) enact laws and adopt policies to grant child offenders who are serving a life sentence a meaningful opportunity for parole or supervised release at least once during their first 15 years of incarceration and at least once every three years thereafter; and (2) provide notice of such laws and policies to the public and to victims of child offenders. Defines "child offender who is serving a life sentence" as an individual who is convicted of a criminal offense before attaining the age of 18 and sentenced to a term of imprisonment for life or a term exceeding 15 years. Requires the Attorney General to: (1) establish and implement a system of early release for each child offender who is under a life sentence in a federal prison; and (2) award grants to states to improve legal representation and other services for child defendants charged with an offense carrying a possible sentence of life in prison.

To establish a meaningful opportunity for parole or similar release for child offenders sentenced to life in prison, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Vehicle Safety Integrity Employment Act''. SEC. 2. PROFESSIONAL RESPONSIBILITY INTEGRITY PERIOD. (a) In General.--Subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``30107. Restriction on certain employment activities. ``(a) NHTSA Employees.-- ``(1) In general.--A individual to whom this subsection applies who is employed by the National Highway Traffic Safety Administration may not commence employment with, or otherwise advise, provide assistance to, or represent for compensation, a manufacturer or other person subject to regulation under this chapter during the 36-month period commencing upon that individual's termination of employment with the National Highway Traffic Safety Administration if such employment, advice, assistance, or representation involves-- ``(A) written or oral communication with the National Highway Traffic Safety Administration on any matter relating to compliance with the requirements of this chapter on behalf of the manufacturer or person; ``(B) representing or advising a manufacturer with respect to a motor vehicle safety or fuel economy issue, including any defect related to motor vehicle safety, compliance with a motor vehicle safety standard, or compliance with an average fuel economy standard prescribed under chapter 329 of this title; or ``(C) assisting a manufacturer in responding to a request for information from the National Highway Traffic Safety Administration. ``(2) Application.-- ``(A) In general.--This subsection applies to any individual-- ``(i) to whom section 207 (c) or (d) of title 18 applies; or ``(ii) whose responsibilities during his or her last 12 months of employment at the National Highway Traffic Safety Administration included administrative, managerial, supervisory, legal, or senior technical responsibility for any motor vehicle safety- related program or activity. ``(3) Safe harbor.--This subsection does not apply to any individual employed by a manufacturer or other person subject to regulation under this chapter as of the date of enactment of the Motor Vehicle Safety Integrity Employment Act. ``(b) Manufacturers.--It is unlawful for any manufacturer or other person subject to regulation under this chapter to employ or contract for the services of an individual to whom subsection (a) applies during the 36-month period commencing on the individual's termination of employment with the National Highway Traffic Safety Administration in a capacity in which the individual is prohibited from serving during that period.''. (b) Civil penalty.--Section 30165(a) of title 49, United States Code, is amended by adding at the end the following: ``(4) Section 30107.--An individual who violates section 30107(a) is liable to the United States Government for a civil penalty as determined under section 216(b) of title 18 for an offense under section 207 of that title. A manufacturer or other person subject to regulation under this chapter who violates section 30107(b) is liable to the United States Government for a civil penalty of the sum of-- ``(A) an amount equal to not less than $100,000; and ``(B) an amount equal to 90 percent of the annual compensation or fee paid or payable to the individual with respect to whom the violation occurred.''. (c) Conforming Amendment.--The table of contents for chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30106 the following: ``30107. Restriction on certain employment activities.''. SEC. 3. STUDY OF DEPARTMENT OF TRANSPORTATION POLICIES ON OFFICIAL COMMUNICATION WITH FORMER MOTOR VEHICLE SAFETY ISSUE EMPLOYEES. Within 1 year after the date of enactment of this Act the Department of Transportation Inspector General shall-- (1) review the Department's policies and procedures applicable to official communication with former employees concerning motor vehicle safety compliance matters for which they had responsibility during the last 12 months of their tenure at the Department, including any limitations on the ability of such employees to submit comments, or otherwise communicate directly with the Department, on motor vehicle safety issues; and (2) submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce containing the Inspector General's findings, conclusions, and recommendations for strengthening those policies and procedures to minimize the risk of undue influence without compromising the ability of the Department to employ and retain highly qualified individuals for such responsibilities. SEC. 4. POST-EMPLOYMENT POLICY STUDY. (a) In General.--The Department of Transportation Inspector General shall conduct a study of the Department's policies relating to post- employment restrictions on employees who perform functions related to transportation safety. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Inspector General shall submit a report containing the results of the study conducted under subsection (a) to-- (1) the Senate Committee on Commerce, Science, and Transportation; (2) the House of Representatives Committee on Energy and Commerce; and (3) the Secretary of Transportation. (c) Use of Results.--The Secretary of Transportation shall review the results of the study and take whatever action the Secretary determines to be appropriate.

Motor Vehicle Safety Integrity Employment Act - Prohibits National Highway Traffic Safety Administration (NHTSA) employees, during the 36-month period following the employee's termination of employment with NHTSA, from commencing employment with, or otherwise advising, assisting, or representing for compensation a manufacturer or other person subject to federal motor vehicle safety regulation, if such position or activity involves: (1) communicating with NHTSA regarding motor vehicle safety compliance; (2) representing or advising a manufacturer regarding compliance with motor vehicle safety or average fuel economy standards; or (3) assisting a manufacturer in responding to a NHTSA request for information. Prohibits a motor vehicle manufacturer or other person from employing NHTSA employees in any such prohibited capacity during the 36-month period following the employee's termination of employment with NHTSA. Prescribes civil penalties for violations of this Act. Directs the Inspector General of the Department of Transportation (DOT) to study and report to specified congressional committees on DOT policies and procedures regarding: (1) official communication with former motor vehicle safety employees concerning motor vehicle safety compliance matters for which they had responsibility during the last 12 months of their tenure at DOT; and (2) post-employment restrictions on employees who perform transportation safety functions.

A bill to amend title 49, United States Code, to prohibit individuals who have worked on motor vehicle safety issues at NHTSA from assisting motor vehicle manufacturers with NHTSA compliance matters for a period of 3 years after terminating employment at NHTSA, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Oil Speculation Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) skyrocketing energy prices in oil and gas are damaging families of the United States, as well as the economy, foreign policy, and national security of the United States; (2) while there are a number of reasons for increasing energy costs, a large part of the problem appears to be from excessive speculation in petroleum in the futures markets; (3) oil and gas prices result from the prices established in the petroleum futures markets; (4) in the early 20th century, speculators were trading commodities to make money at the expense of farmers and families of the United States; (5) Congress stopped that action by enacting the Commodities Exchange Act (7 U.S.C. 1 et seq.), which was reinforced later when Congress established the Commodity Futures Trading Commission (referred to in this section as the ``Commission''), both of which were designed to ensure that the futures markets worked free of fraud, manipulation, and excessive speculation; (6) the Commission accomplished this (directly or through delegated authority) primarily by promulgating rules and regulations that required the disclosure of trading information and that limited speculative trading; (7) Congress made it clear in the Commodities Exchange Act and in the establishment of the Commission that the petroleum futures markets exist for legitimate hedging of actual, physical commercial products that are bought and sold today, but are to be delivered in the future; (8) for a long time after enactment and enforcement of that Act (including rules and regulations), the prices generated in the petroleum futures markets were based largely on fundamental factors relating to supply and demand for oil and gas in the United States and world markets; (9) those prices no longer appear to be based on those factors, as excessive speculation appears to have, once again, hijacked the petroleum futures markets and sent oil and gas prices soaring; (10) some experts have concluded that as much as 30 to 50 percent of the recent increase in the price of oil may be due to manipulation or excessive speculation in the petroleum futures markets; (11) some experts have estimated that as much as 70 percent of the trading in the petroleum futures markets is by speculators rather than commercial parties seeking to hedge the risk of the future delivery of an actual physical product and their counterparties; (12) the excessive speculation appears to have resulted, in part, from a variety of actions by the Commission (including the issuance of exemptions, exclusions, and no action letters), technology changes, and threats by market participants to take their business outside the regulated United States markets to overseas unregulated markets in which the participants may not have to disclose their trading activities and will be subject to less regulation designed to protect markets and consumers; (13) the petroleum futures markets must be restored to their original intent and purpose, which is legitimate hedge trading directly involving commercial parties and in which manipulation and excessive speculation are eliminated; (14) the Commission is the primary regulator of the petroleum futures markets and has ample existing investigative and regulatory authority to end manipulation and excessive speculation and to do so quickly; (15) Congress acknowledges that the Commission announced on May 29, 2008, that the Commission was conducting a broad and far-reaching investigation into the national and international crude markets (including into oil trading on regulated and unregulated exchanges, over the counter trading, cash trades, and storage, pipeline operations, shipping, and transportation generally) to determine if there was or is any improper manipulation or excessive speculation; and (16) the announced investigation by the Commission is a good start, but it is only a start and much more needs to be done quickly. SEC. 3. ELIMINATION OF MANIPULATION AND EXCESSIVE SPECULATION AS CAUSE OF HIGH OIL AND GAS PRICES. Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended by adding at the end the following: ``(f) Elimination of Manipulation and Excessive Speculation as Cause of High Oil and Gas Prices.-- ``(1) Duty of commission.-- ``(A) In general.--In accordance with subparagraph (B), the Commission shall use the authority provided under this Act to restore the petroleum futures markets to the original purpose and intent of the markets by eliminating manipulation and excessive speculation by investigation, regulation, and rulemaking. ``(B) Consideration of findings.--In carrying out subparagraph (A), the Commission shall take into account each finding described in section 2 of the End Oil Speculation Act of 2008 (including paragraphs 2, 4 through 7, and 10 through 14 of section 2 of that Act). ``(2) Legitimate hedge trading.-- ``(A) In general.--In carrying out this Act, the Commission shall distinguish between-- ``(i) trading involving transactions by commercial producers and purchasers involving actual physical petroleum products for future delivery (referred to in this subsection as `legitimate hedge trading'); and ``(ii) all other trading; ``(B) Inclusion.--For purposes of this subsection, legitimate hedge trading shall include counterparties to a transaction by commercial producers and purchasers involving actual physical petroleum products for future delivery regardless of whether the counterparties are commercial producers or purchasers of the physical products. ``(3) Type of trading.--Notwithstanding any other provision of this Act, the Commission shall modify (or delegate any appropriate entity to modify) such definitions, classifications, and data collection under this Act as is necessary to ensure that all direct and indirect parties and counterparties to all trades in the petroleum futures market are distinctly, clearly, and correctly identified for all purposes as engaging in-- ``(A) legitimate hedge trading; or ``(B) any other type of trading. ``(4) Elimination of excessive speculation.-- ``(A) In general.--Notwithstanding any other provision of this Act, the Commission shall review all regulations, rules, exemptions, exclusions, guidance, no action letters, orders, and other actions taken by or on behalf of the Commission (including any action or inaction taken pursuant to delegated authority by an exchange, self-regulatory organization, or any other entity) regarding all petroleum futures market participants or market activity (referred to in this subsection individually as a `prior action') to ensure that only legitimate hedge trading occurs and that excessive speculation is eliminated. ``(B) Prior action.-- ``(i) In general.--The Commission shall revoke or modify the application after the date of enactment of this subsection of any prior action taken by the Commission (including any prior action taken pursuant to delegated authority by any other entity) with respect to any trade on any market, exchange, foreign board of trade, swap or swap transaction, index or index market participant or trade, hedge fund, pension fund, and any other transaction, trade, trader, or petroleum futures market activity that is not a legitimate hedge trade. ``(ii) Revocation.--In carrying out this subparagraph, the Commission shall consider revoking the results of each prior action that, in whole or in part, has the direct or indirect affect of limiting, reducing, or eliminating-- ``(I) the full applicability of position limits on any trading that is not legitimate hedge trading; or ``(II) the filing of any report or data regarding any direct or indirect trade or trader, including the filing of large trader reports. ``(C) Different rules or regulations.-- ``(i) In general.--The Commission shall apply different rules and regulations to legitimate hedge trading and any other transactions, trades, traders, or petroleum futures market activity in a manner that accomplishes the purposes of this subsection. ``(ii) Margin requirements.--In carrying out this subparagraph, the Commission shall modify the purpose of margin requirements from credit protection only to include discouraging excessive speculation by setting margin requirements of at least 25 percent for any trading that is not legitimate hedge trading. ``(5) Regulation.--Notwithstanding any other provision of law (including regulations), the Commission shall subject, to the maximum extent practicable, any person engaging, directly or indirectly, in a petroleum futures market trade, transaction, or other petroleum futures market activity in any location to regulation by the Commission unless and until the trade or transaction occurs in a market or exchange that has regulations that are substantially identical to the regulations of the Commission and that are fully and effectively enforced in each such market or on each such exchange. ``(6) Disclosure to commission.--Notwithstanding any other provision of law (including regulations), the Commission shall ensure, to the maximum extent practicable, that the activity of each participant in the petroleum futures markets, and all trades, trading, traders, and direct and indirect parties to the trades, trading, and traders, are fully, clearly, and accurately disclosed to the Commission so that the Commission and Congress can effectively regulate and monitor all such activity. ``(7) Working group of international regulators.--The Commission shall convene a working group of international regulators to develop uniform international reporting and regulatory standards to ensure the protection of the petroleum futures markets from excessive speculation, manipulation, location shopping, and lowest common denominator regulation, which pose systemic risks to all petroleum futures markets, countries, and consumers. ``(8) Reports.-- ``(A) In general.--The Commission shall submit to Congress-- ``(i) not later than 60 days after the date of enactment of this subsection, a report that describes in detail the actions the Commission has taken, is taking, and intends to take to carry out this subsection, including any recommended legislative changes that are necessary to carry out this subsection; and ``(ii) every 45 days thereafter, an update of the report required under clause (i). ``(B) Additional employees or resources.--Not later than 60 days after the date of enactment of this subsection, the Commission shall submit to Congress a report that describes the number of additional employees and resources that the Commission determines are necessary to carry out this subsection (including the specific duty of each additional employee). ``(9) Expedited procedures.-- ``(A) In general.--Subject to subparagraph (B), the Commission shall use emergency and expedited procedures to carry out this subsection. ``(B) Report.--If the Commission decides not to use the procedures described in subparagraph (A) in a specific instance, not later than 30 days after the date of the decision, the Commission shall submit to Congress a detailed report that describes in each instance the reasons for not using the procedures.''. SEC. 4. EFFECTIVE DATE. (a) In General.--This Act and the amendments made by this Act take effect on June 24, 2008. (b) Application.--Section 4a(f) of the Commodity Exchange Act (7 U.S.C. 6a(f)) (as amended by section 3) applies to any action taken by the Commodity Futures Trading Commission or any person or entity on or after June 24, 2008. (c) Implementation.--The Commodity Futures Trading Commission shall implement section 4a(f) of the Commodity Exchange Act (7 U.S.C. 6a(f)) (as amended by section 3) not later than December 31, 2008.

End Oil Speculation Act of 2008 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC) to eliminate manipulation and excessive speculation on petroleum futures markets by investigation, regulation, and rulemaking, while distinguishing between: (1) transactions by commercial producers and purchasers (as well as counterparties) involving actual physical petroleum products for future delivery ("legitimate hedge trading"); and (2) all other trading. Instructs the CFTC to review and: (1) revoke or modify prior action regarding certain transactions, participants, or petroleum futures market activity that is not a legitimate hedge trade; and (2) consider revoking results of prior actions that have the effect of limiting, reducing, or eliminating the full applicability of position limits on trading that is not legitimate hedge trading, or the filing of any report or data regarding a trade or trader. Directs the CFTC to set margin requirements of at least 25% for any trading that is not legitimate hedge trading. Directs the CFTC to subject to its regulation any person engaging in a petroleum futures market activity in any location unless and until the activity occurs in a market or exchange whose regulations are substantially identical to CFTC regulations and are fully enforced. Requires the CFTC to ensure that petroleum futures market participant activities are fully and accurately disclosed. Instructs the CFTC to convene a working group of international regulators to develop uniform international oversight to protect petroleum futures markets from excessive speculation and other specified practices that pose systemic risks.

A bill to amend the Commodity Exchange Act to provide oil and gas price relief by requiring the Commodity Futures Trading Commission to take action to end excessive speculation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Budget Surplus Dividend Act of 1997''. SEC. 2. 50 PERCENT OF FEDERAL BUDGET SURPLUS TO REIMBURSE EMPLOYERS AND EMPLOYEES FOR A PORTION OF THEIR SOCIAL SECURITY TAXES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. CREDIT FOR PORTION OF SOCIAL SECURITY TAXES. ``(a) Allowance of Credit.--In the case of a taxable year to which this section applies, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of the taxpayer's social security taxes for the taxable year. ``(b) Taxable Years to Which Section Applies.--This section shall apply to any taxable year beginning in the first calendar year beginning after a fiscal year if there is a Federal budget surplus for such fiscal year of more than $1,000,000,000. ``(c) Applicable Percentage.--For purposes of this section-- ``(1) In general.--The term `applicable percentage' means-- ``(A) the base percentage with respect to so much of the taxpayer's social security taxes as does not exceed $3,000, and ``(B) the phasedown percentage with respect to so much of the taxpayer's social security taxes as exceeds $3,000. ``(2) Base percentage.--The term `base percentage' means, for taxable years beginning in a calendar year, the percentage which the Secretary estimates will result in a reduction of revenues to the Treasury by reason of this section for such taxable year equal to 50 percent of the Federal budget surplus for the most recent fiscal year ending before such calendar year. Proper adjustments shall be made in the percentage determined under the preceding sentence with respect to any subsequent fiscal year to the extent that prior estimates were in excess of or less than the proper percentage. ``(3) Phasedown percentage.--The term `phasedown percentage' means the base percentage reduced (but not below zero) by the number of percentage points which bears the same ratio to the base percentage as-- ``(A) the excess of the taxpayer's social security taxes over $3,000 bears to ``(B) the excess of the maximum social security taxes over $3,000. ``(4) Maximum social security taxes.--The term `maximum social security taxes' means the amount which would be the social security taxes of the taxpayer if the amount on which such taxes are determined were equal to the maximum amount of remuneration which may be taken into account under section 3101(a). ``(5) Special rules.-- ``(A) Dollar limitations on per employee basis.-- The dollar limitations in paragraphs (1) and (3) shall be applied on a per employee basis. ``(B) Self-employed individuals.--Paragraphs (1) and (3) shall be applied by substituting `$6,000' for `$3,000' each place it appears in the case of the taxes referred to in subparagraph (C) or (D) of subsection (d)(1). ``(d) Social Security Taxes.--For purposes of this section-- ``(1) In general.--The term `social security taxes' means, with respect to any taxpayer for any taxable year-- ``(A) the taxes imposed by sections 3101 and 3201(a) (relating to taxes on employees) on amounts received by the taxpayer during the calendar year in which the taxable year begins, ``(B) the taxes imposed by sections 3111 and 3221(a) (relating to taxes on employers) on amounts paid by the taxpayer during the calendar year in which the taxable year begins, ``(C) the taxes imposed by section 1401 on the self-employment income of the taxpayer for the taxable year, and ``(D) the taxes imposed by section 3211(a)(1) on amounts received by the taxpayer during the calendar year in which the taxable year begins. ``(2) Coordination with special refund of social security taxes.--The term `social security taxes' shall not include any taxes to the extent the taxpayer is entitled to a special refund of such taxes under section 6413(c). ``(3) Special rule.--Any amounts paid pursuant to an agreement under section 3121(l) (relating to agreements entered into by American employers with respect to foreign affiliates) which are equivalent to the taxes referred to in paragraph (1)(A) shall be treated as taxes referred to in such paragraph.'' (b) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 35 and inserting the following: ``Sec. 35. Credit for portion of social security taxes. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 3. APPROPRIATION TO USE 25 PERCENT OF FEDERAL BUDGET SURPLUS TO REDUCE OUTSTANDING PUBLIC DEBT. There is hereby appropriated for the first fiscal year following each fiscal year for which there is a Federal budget surplus an amount equal to 25 percent of such surplus for purpose of paying at maturity, or to redeem or buy before maturity, obligations of the Government included in the public debt. An obligation of the Government that is paid, redeemed, or bought with funds appropriated by the preceding sentence shall be canceled and retired and may not be reissued. SEC. 4. USE 25 PERCENT OF FEDERAL BUDGET SURPLUS TO INCREASE NONDEFENSE DISCRETIONARY SPENDING LIMITS. For the first fiscal year following each fiscal year for which there is a Federal budget surplus, the Director of the Office of Management and Budget shall increase (on a pro rata basis between the applicable nondefense categories for that fiscal year) the discretionary spending limit for new budget authority under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 by an amount equal to 25 percent of such surplus and shall adjust the outlays flowing from that budget authority accordingly.

Budget Surplus Dividend Act of 1997 - Amends the Internal Revenue Code to allocate credits to taxpayers for social security taxes, during any year in which there is a Federal budget surplus of more than $1 billion, so as to utilize 50 percent of such surplus. Requires that, during any such year, the remainder of such surplus shall be split and used to: (1) reduce the outstanding public debt; and (2) increase nondefense discretionary spending limits.

Budget Surplus Dividend Act of 1997

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``International Tax Simplification Act of 2006''. (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. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; amendment of 1986 Code; table of contents. Sec. 2. Permanent Subpart F exemption for active financing income. Sec. 3. Permanent look-thru rule for related controlled foreign corporations. Sec. 4. Repeal of foreign base company sales and services income rules. Sec. 5. Repeal of foreign base company oil related income rules. Sec. 6. Repeal of special rules for applying foreign tax credit in case of foreign oil and gas income. Sec. 7. Extension of carryforward period for excess foreign taxes. Sec. 8. Subpart F earnings and profits determined under generally accepted accounting principles. Sec. 9. Acceleration of election to allocate interest on a worldwide basis. Sec. 10. Expansion of de minimis rule under subpart F. SEC. 2. PERMANENT SUBPART F EXEMPTION FOR ACTIVE FINANCING INCOME. (a) Exempt Insurance Income.--Paragraph (10) of section 953(e) is amended-- (1) by striking ``and before January 1, 2009,'', and (2) by striking the second sentence. (b) Foreign Personal Holding Company Income.--Paragraph (9) of section 954(h) is amended by striking ``and before January 1, 2009,''. SEC. 3. PERMANENT LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN CORPORATIONS. Subparagraph (B) of section 954(c)(6) (relating to application) is amended by striking ``and before January 1, 2009,''. SEC. 4. REPEAL OF FOREIGN BASE COMPANY SALES AND SERVICES INCOME RULES. (a) In General.--Subsection (a) of section 954 (relating to foreign base company income) is amended by striking paragraphs (2) and (3). (b) Certain Sales.--Paragraph (1) of section 954(c) is amended by adding at the end the following new subparagraph: ``(I) Certain sales.--Income (whether in the form of profits, commissions, fees, or otherwise) derived in connection with the purchase of personal property from a related person and its sale to any person, the sale of personal property to any person on behalf of a related person, the purchase of personal property from any person and its sale to a related person, or the purchase of personal property from any person on behalf of a related person where-- ``(i) the property which is purchased (or in the case of property sold on behalf of a related person, the property which is sold) is manufactured, produced, grown, or extracted in the United States, and ``(ii) the property is sold for use, consumption, or disposition in the United States, or, in the case of property purchased on behalf of a related person, is purchased for use, consumption, or disposition in the United States.''. (c) Conforming Amendments.-- (1) Clause (iii) of section 952(c)(1)(B) is amended by striking subclauses (II) and (III) and by redesignating subclauses (IV) and (V) as subclauses (II) and (III), respectively. (2) Paragraph (5) of section 954(b) is amended by striking ``, the foreign base company sales income, the foreign base company services income,''. (3) Section 954 is amended by striking subsections (d) and (e). (4)(A) Subsection (b) of section 954 is amended by adding at the end the following new paragraph: ``(7) Related person defined.--For purposes of this section, a person is a related person with respect to a controlled foreign corporation if-- ``(A) such person is an individual, corporation, partnership, trust, or estate which controls, or is controlled by, the controlled foreign corporation, or-- ``(B) such person is a corporation, partnership, trust, or estate which is controlled by the same person or persons which control the controlled foreign corporation. For purposes of the preceding sentence, control means, with respect to a corporation, the ownership, directly or indirectly, of stock possessing more than 50 percent of the total voting power of all classes of stock entitled to vote or of the total value of stock of such corporation. In the case of a partnership, trust, or estate, control means the ownership, directly or indirectly, of more than 50 percent (by value) of the beneficial interests in such partnership, trust, or estate. For purposes of this paragraph, rules similar to the rules of section 958 shall apply.''. (B) Sections 552(c)(2), 861(c)(2)(B), 904(d)(2)(H), 953(d)(3), 953(e), 955(b), 958(b), 971(f), 988(e)(3)(C), 1297(b)(2), 1298(d)(3), and 1298(e)(2)(B) are each amended by striking ``954(d)(3)'' each place it appears and inserting ``954(b)(7)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years of a foreign corporation beginning after December 31, 2006, and to taxable years of United States shareholders with or within which any such taxable year of such foreign corporation ends. SEC. 5. REPEAL OF FOREIGN BASE COMPANY OIL RELATED INCOME RULES. (a) In General.--Subsection (a) of section 954 (relating to foreign base company income) is amended by striking paragraph (5). (b) Conforming Amendments.-- (1) Clause (iii) of section 952(c)(1)(B), as amended by this Act, is amended by striking subclause (I) and by redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively. (2) Paragraph (5) of section 954(b), as amended by this Act, is amended by striking ``and the foreign base company oil related income''. (3) Section 954 is amended by striking subsection (g). (c) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2006, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. SEC. 6. REPEAL OF SPECIAL RULES FOR APPLYING FOREIGN TAX CREDIT IN CASE OF FOREIGN OIL AND GAS INCOME. (a) In General.--Section 907 (relating to special rules in case of foreign oil and gas income), as amended by this Act, is repealed. (b) Conforming Amendments.-- (1) Each of the following provisions are amended by striking ``907,'': (A) Section 245(a)(10). (B) Section 865(h)(1)(B). (C) Section 904(d)(1). (D) Section 904(g)(10)(A). (2) Section 904(f)(5)(E)(iii) is amended by inserting ``, as in effect before its repeal by the International Tax Simplification Act of 2006'' after ``section 907(c)(4)(B)''. (3) Section 954(g)(1) is amended by inserting ``, as in effect before its repeal by the International Tax Simplification Act of 2006'' after ``907(c)''. (4) Section 6501(i) is amended-- (A) by striking ``, or under section 907(f) (relating to carryback and carryover of disallowed oil and gas extraction taxes)'', and (B) by striking ``or 907(f)''. (5) The table of sections for subpart A of part III of subchapter N of chapter 1 is amended by striking the item relating to section 907. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 7. EXTENSION OF CARRYFORWARD PERIOD FOR EXCESS FOREIGN TAXES. (a) In General.--Section 904(c)(1) is amended by striking ``10'' and inserting ``20''. (b) Excess Extraction Taxes.--Paragraph (1) of section 907(f) is amended by striking ``10 succeeding taxable year'' and inserting ``20 succeeding taxable years''. (c) Effective Date.--The amendments made by this section shall apply to excess foreign taxes arising in taxable years beginning after December 31, 2006. SEC. 8. SUBPART F EARNINGS AND PROFITS DETERMINED UNDER GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. (a) In General.--Section 964(a) (relating to earnings and profits) is amended by striking ``rules substantially similar to those applicable to domestic corporations, under regulations prescribed by the Secretary'' and inserting ``generally accepted accounting principles in the United States''. (b) Effective Date.--The amendment made by subsection (a) shall apply to distributions during, and the determination of the inclusion under section 951 of the Internal Revenue Code of 1986 with respect to, taxable years of foreign corporations beginning after December 31, 2006. SEC. 9. ACCELERATION OF ELECTION TO ALLOCATE INTEREST ON A WORLDWIDE BASIS. (a) In General.--Section 864(f)(6) is amended by striking ``December 31, 2008'' and inserting ``December 31, 2006''. (b) Conforming Amendment.--Section 401(c) of the American Jobs Creation Act of 2004 is amended by striking ``December 31, 2008'' and inserting ``December 31, 2006''. (c) Effective Date.--The amendments made by this section shall take effect as if included in section 401 of the American Jobs Creation Act of 2004. SEC. 10. EXPANSION OF DE MINIMIS RULE UNDER SUBPART F. (a) In General.--Sections 954(b)(3)(A)(ii), 864(d)(5)(A)(ii), and 881(c)(5)(A)(i) are each amended by striking ``$1,000,000'' and inserting ``$5,000,000''. (b) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2006, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end.

International Tax Simplification Act of 2006 - Amends the Internal Revenue Code to revise rules relating to foreign income and income earned by controlled foreign corporations (Subpart F income), including to: (1) make permanent the active financing exemption for qualified insurance income and the look-thru treatment applicable to related foreign corporations; (2) eliminate foreign base company sales and services income and oil related income from foreign base company income; (3) repeal certain rules for the application of the foreign tax credit to foreign oil and gas income; (4) extend from 10 to 20 years the carryforward period for excess foreign taxes; (5) accelerate from 2008 to 2006 the election to allocate interest earned by an affiliated group of corporations on a worldwide basis; and (6) increase to $5 million the tax exclusion for foreign base company or gross insurance income (de minimis rule).

To amend the Internal Revenue Code of 1986 to improve the rules relating to income earned abroad.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Opposition to Hate, Assault, and Threats to Equality Act of 2017'' or ``NO HATE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, known as hate crimes or crimes motivated by bias, poses a serious national problem. (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive. (3) A prominent characteristic of a violent crime motivated by bias is that it not only devastates the actual victim and the family and friends of the victim, but also frequently ravages the community sharing the traits that caused the victim to be selected. (4) According to data obtained by the Federal Bureau of Investigation, the incidence of such violence increased in 2015, the most recent year for which data is available, in comparison to prior years. (5) The Hate Crimes Statistics Act (Public Law 101-275; 28 U.S.C. 534 note) and the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (division E of Public Law 111-84; 123 Stat. 2835) have enabled Federal authorities to understand and, where appropriate, investigate and prosecute hate crimes. (6) However, a complete understanding of the national problem posed by hate crimes is hindered by incomplete data from Federal, State, and local jurisdictions obtained through the Uniform Crime Reports program authorized under section 534 of title 28, United States Code, and administered by the Federal Bureau of Investigation. (7) Increased implementation of the National Incident-Based Reporting System will enable the Federal Bureau of Investigation to obtain more detailed and accurate information on many crimes, including violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim. (8) State-run hotlines that direct victims or witnesses of hate crimes to law enforcement or local support services will allow State and local law enforcement agencies, as well as local community-based service providers, to understand hate crimes more fully and to act accordingly. (9) A Federal private right of action provides an additional option of recourse for individuals who are targeted for violence based on actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. (10) Many perpetrators of crimes motivated by bias may benefit from educational programming or volunteer service conducted in conjunction with, under the guidance of, or with the input of the community targeted by the hate crime. (11) Federal financial assistance with regard to certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes. (12) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal financial assistance to States and local jurisdictions. SEC. 3. REPORTING OF HATE CRIMES. (a) Definitions.--In this section-- (1) the term ``hate crime'' means a criminal offense against a person or property motivated in whole or in part by an offender's bias against a race, color, religion, national origin, gender, sexual orientation, gender identity, or disability; and (2) the term ``Uniform Crime Reports'' means the reports authorized under section 534 of title 28, United States Code, and administered by the Federal Bureau of Investigation that compile nationwide criminal statistics for use-- (A) in law enforcement administration, operation, and management; and (B) to assess the nature and type of crime in the United States. (b) Implementation Grants.-- (1) In general.--The Attorney General may make grants to States and units of local government to assist the State or unit of local government in implementing the National Incident- Based Reporting System, including to train employees in identifying and classifying hate crimes in the National Incident-Based Reporting System. (2) Priority.--In making grants under paragraph (1), the Attorney General shall give priority to States and units of local government with larger populations. (c) Reporting.-- (1) Compliance.-- (A) In general.--Except as provided in subparagraph (B), in each fiscal year beginning after the date that is 3 years after the date on which a State or unit of local government first receives a grant under subsection (b), the State or unit of local government shall provide to the Attorney General, through the Uniform Crime Reporting system, information pertaining to hate crimes committed in that jurisdiction during the preceding fiscal year. (B) Extensions; waiver.--The Attorney General-- (i) may provide a 120-day extension to a State or unit of local government that is making good faith efforts to comply with subparagraph (A); and (ii) shall waive the requirements of subparagraph (A) if compliance with that subparagraph by a State or unit of local government would be unconstitutional under the constitution of the State or of the State in which the unit of local government is located, respectively. (2) Failure to comply.--If a State or unit of local government that receives a grant under subsection (b) fails to substantially comply with paragraph (1) of this subsection, the State or unit of local government shall repay the grant in full, plus reasonable interest and penalty charges allowable by law or established by the Attorney General. SEC. 4. GRANTS FOR STATE-RUN HATE CRIME HOTLINES. (a) Definition.--In this section, the term ``hate crime'' means a criminal offense against a person or property motivated in whole or in part by an offender's bias against a race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. (b) Grants Authorized.-- (1) In general.--The Attorney General shall make grants to States to create State-run hate crime reporting hotlines. (2) Grant period.--A grant made under paragraph (1) shall be for a period of not more than 5 years. (c) Hotline Requirements.--A State shall ensure, with respect to a hotline funded by a grant under subsection (b), that-- (1) the hotline directs individuals to-- (A) law enforcement if appropriate; and (B) local support services; (2) any personally identifiable information that an individual provides to an agency of the State through the hotline is not directly or indirectly disclosed, without the consent of the individual, to-- (A) any other agency of that State; (B) any other State; (C) the Federal Government; or (D) any other person or entity; (3) the staff members who operate the hotline are trained to be knowledgeable about-- (A) applicable Federal, State, and local hate crime laws; and (B) local law enforcement resources and applicable local support services; and (4) the hotline is accessible to-- (A) individuals with limited English proficiency, where appropriate; and (B) individuals with disabilities. (d) Best Practices.--The Attorney General shall issue guidance to States on best practices for implementing the requirements of subsection (c). SEC. 5. PRIVATE RIGHT OF ACTION FOR CRIMES MOTIVATED BY ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN. (a) Definitions.--In this section-- (1) the term ``crime'' means an act or series of acts that would constitute a criminal offense under Federal or State law, whether or not the act or acts-- (A) have actually resulted in criminal charges, prosecution, or conviction; or (B) were committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison; and (2) the term ``crime motivated by actual or perceived race, color, religion, or national origin'' means a crime committed because of actual or perceived race, color, religion, or national origin. (b) Purpose.--Pursuant to the affirmative power of Congress to enact this section under section 2 of the Thirteenth Amendment to the Constitution of the United States, as well as under section 8 of Article I of the Constitution, the purpose of this section is to protect the civil rights of victims of crimes motivated by actual or perceived race, color, religion, or national origin and to promote public safety, health, and activities affecting interstate commerce by establishing a Federal civil rights cause of action for victims of crime motivated by actual or perceived race, color, religion, or national origin. (c) Right To Be Free From Certain Crimes.--All persons within the United States shall have the right to be free from crimes motivated by actual or perceived race, color, religion, or national origin. (d) Cause of Action.--A person (including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State) who commits a crime motivated by actual or perceived race, color, religion, or national origin, and thus deprives another of the right declared in subsection (c), shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate. (e) Damages.--In any civil action brought under this section in which the plaintiff prevails, the court-- (1) shall award treble compensatory damages and a reasonable attorney's fee; and (2) may, in its discretion, award equitable relief. (f) Limitations.-- (1) Period of limitations.--An action under this section may not be commenced later than 3 years after the date of the act complained of. (2) Rule of construction.--Nothing in this section shall be construed to authorize a cause of action under subsection (d) for-- (A) a random act unrelated to actual or perceived race, color, religion, or national origin; or (B) an act that cannot be demonstrated, by a preponderance of the evidence, to be a crime motivated by actual or perceived race, color, religion, or national origin. (g) Concurrent Jurisdiction.--The district courts of the United States shall have original jurisdiction, concurrent with State courts, of an action under this section. (h) No Prior Criminal Action.--Nothing in this section shall be construed to require a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under subsection (d). SEC. 6. PRIVATE RIGHT OF ACTION FOR CRIMES MOTIVATED BY ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY. (a) Definitions.--In this section-- (1) the term ``crime'' means an act or series of acts that would constitute a criminal offense under Federal or State law, whether or not the act or acts have actually resulted in criminal charges, prosecution, or conviction; and (2) the term ``crime motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability'' means a crime committed because of actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability. (b) Purpose.--Pursuant to the affirmative power of Congress to enact this section under clause 3 of section 8 of Article I of the Constitution of the United States (commonly known as the ``Commerce Clause''), the purpose of this section is to protect the civil rights of victims of crimes motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability and to promote public safety, health, and activities affecting interstate commerce by establishing a Federal civil rights cause of action for victims of crime motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability. (c) Right To Be Free From Certain Crimes.--All persons within the United States shall have the right to be free from crimes motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability. (d) Cause of Action.-- (1) In general.--A person (including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State), in any circumstance described in paragraph (2) or within the special maritime and territorial jurisdiction of the United States or a Federal prison, who commits a crime motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability, and thus deprives another of the right declared in subsection (c), shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate. (2) Circumstances described.--For purposes of paragraph (1), the circumstances described in this paragraph are that-- (A) the conduct described in paragraph (1) occurs during the course of, or as the result of, the travel of the defendant or the victim-- (i) across a State line or national border; or (ii) using a channel, facility, or instrumentality of interstate or foreign commerce; (B) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in paragraph (1); (C) in connection with the conduct described in paragraph (1), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; (D) the conduct described in paragraph (1)-- (i) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (ii) otherwise affects interstate or foreign commerce. (e) Damages.--In any civil action brought under this section in which the plaintiff prevails, the court-- (1) shall award treble compensatory damages and a reasonable attorney's fee; and (2) may, in its discretion, award equitable relief. (f) Limitations.-- (1) Period of limitation.--An action under this section may not be commenced later than 3 years after the date of the act complained of. (2) Rule of construction.--Nothing in this section shall be construed to authorize a cause of action under subsection (d) for-- (A) a random act unrelated to actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability; or (B) an act that cannot be demonstrated, by a preponderance of the evidence, to be a crime motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability. (g) Concurrent Jurisdiction.--The district courts of the United States shall have original jurisdiction, concurrent with State courts, of an action under this section. (h) No Prior Criminal Action.--Nothing in this section shall be construed to require a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under subsection (d). SEC. 7. ADDITIONAL CRIMINAL PENALTIES. Section 249 of title 18, United States Code, is amended by adding at the end the following: ``(e) Supervised Release.--If a court includes, as a part of a sentence of imprisonment imposed for a violation of subsection (a), a requirement that the defendant be placed on a term of supervised release after imprisonment under section 3583, the court may order, as an explicit condition of supervised release, that the defendant undertake educational classes or community service directly related to the community harmed by the defendant's offense.''.

National Opposition to Hate, Assault, and Threats to Equality Act of 2017 or the NO HATE Act This bill authorizes the Department of Justice (DOJ) to issue grants to states and local governments to assist in implementing the National Incident-Based Reporting System, including training employees in identifying hate crimes. A state or local government receiving such funding must provide DOJ, through the Uniform Crime Reporting system, information pertaining to hate crimes committed in that jurisdiction. A state or local government failing to provide the required data must repay the grants. The bill directs DOJ to issue grants to states to create hate crime reporting hotlines. The bill creates a cause of action for: (1) a victim of a crime motivated by actual or perceived race, color, religion, or national origin; and (2) a victim of a crime motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability, occurring in the special maritime or territorial jurisdiction of the United States or affecting interstate commerce. Under both civil actions, the victims must demonstrate by a preponderance of the evidence that the crime was based on one of the classifications listed. A criminal prosecution need not be brought before a civil action can be filed. A court imposing a penalty for a violation of the federal hate crime statute may order the defendant to participate in education classes or community service related to the community harmed by the defendant's offense as part of his or her supervised release.

National Opposition to Hate, Assault, and Threats to Equality Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology and Research Accelerating National Security and Future Economic Resiliency Act of 2013'' or the ``TRANSFER Act of 2013''. SEC. 2. INNOVATIVE APPROACHES TO TECHNOLOGY TRANSFER. Section 9(jj) of the Small Business Act (15 U.S.C. 638(jj)) is amended to read as follows: ``(jj) Innovative Approaches to Technology Transfer.-- ``(1) Grant program.-- ``(A) In general.--Each Federal agency required by subsection (n) to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), nonprofit research institutions and Federal laboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns, including new businesses. ``(B) Awarding of grants and awards.-- ``(i) In general.--Each Federal agency required by subparagraph (A) to participate in this program, shall award, through a competitive, merit-based process, grants, in the amounts listed in subparagraph (C) to institutions of higher education, technology transfer organizations that facilitate the commercialization of technologies developed by one or more such institutions of higher education, Federal laboratories, other public and private nonprofit entities, and consortia thereof, for initiatives that help identify high-quality, commercially viable federally funded research and technologies and to facilitate and accelerate their transfer into the marketplace. ``(ii) Use of funds.--Activities supported by grants under this subsection may include-- ``(I) providing early-stage proof of concept funding for translational research; ``(II) identifying research and technologies at recipient institutions that have the potential for accelerated commercialization; ``(III) technology maturation funding to support activities such as prototype construction, experiment analysis, product comparison, and collecting performance data; ``(IV) technical validations, market research, clarifying intellectual property rights position and strategy, and investigating commercial and business opportunities; and ``(V) programs to provide advice, mentoring, entrepreneurial education, project management, and technology and business development expertise to innovators and recipients of technology transfer licenses to maximize commercialization potential. ``(iii) Selection process and applications.--Qualifying institutions seeking a grant under this subsection shall submit an application to a Federal agency required by subparagraph (A) to participate in this program at such time, in such manner, and containing such information as the agency may require. The application shall include, at a minimum-- ``(I) a description of innovative approaches to technology transfer, technology development, and commercial readiness that have the potential to increase or accelerate technology transfer outcomes and can be adopted by other qualifying institutions, or a demonstration of proven technology transfer and commercialization strategies, or a plan to implement proven technology transfer and commercialization strategies, that can achieve greater commercialization of federally funded research and technologies with program funding; ``(II) a description of how the qualifying institution will contribute to local and regional economic development efforts; and ``(III) a plan for sustainability beyond the duration of the funding award. ``(iv) Program oversight boards.-- ``(I) In general.--Successful proposals shall include a plan to assemble a Program Oversight Board, the members of which shall have technical, scientific, or business expertise and shall be drawn from industry, start-up companies, venture capital, technical enterprises, financial institutions, and business development organizations. ``(II) Program oversight boards responsibilities.--Program Oversight Boards shall-- ``(aa) establish award programs for individual projects; ``(bb) provide rigorous evaluation of project applications; ``(cc) determine which projects should receive awards, in accordance with guidelines established under subparagraph (C)(ii); ``(dd) establish milestones and associated award amounts for projects that reach milestones; ``(ee) determine whether awarded projects are reaching milestones; and ``(ff) develop a process to reallocate outstanding award amounts from projects that are not reaching milestones to other projects with more potential. ``(C) Grant and award amounts.-- ``(i) Grant amounts.--Each Federal agency required by subparagraph (A) to carry out a grant program may make grants to a qualifying institution for up to $1,000,000 per year for up to 3 years. ``(ii) Award amounts.--Each qualifying institution that receives a grant under subparagraph (B) shall provide awards for individual projects of not more than $150,000, to be provided in phased amounts, based on reaching the milestones established by the qualifying institution's Program Oversight Board. ``(D) Authorized expenditures for innovative approaches to technology transfer grant program.-- ``(i) Percentage.--The percentage of the extramural budget each Federal agency required by subsection (n) to establish an STTR program shall expend on the Innovative Approaches to Technology Transfer Grant Program shall be-- ``(I) 0.05 percent for each of fiscal years 2014 and 2015; and ``(II) 0.1 percent for each of fiscal years 2016 and 2017. ``(ii) Treatment of expenditures.--Any portion of the extramural budget expended by a Federal agency on the Innovative Approaches to Technology Transfer Grant Program shall apply towards the agency's expenditure requirements under subsection (n). ``(2) Program evaluation and data collection and dissemination.-- ``(A) Evaluation plan and data collection.--Each Federal agency required by paragraph (1)(A) to establish an Innovative Approaches to Technology Transfer Grant Program shall develop a program evaluation plan and collect annually such information from grantees as is necessary to assess the Program. Program evaluation plans shall require the collection of data aimed at identifying outcomes resulting from the transfer of technology with assistance from the Innovative Approaches to Technology Transfer Grant Program, such as-- ``(i) specific follow-on funding identified or obtained, including follow-on funding sources, such as Federal sources or private sources; ``(ii) number of projects which result in a license to a start-up company or an established company with sufficient resources for effective commercialization within 5 years of receiving an award under paragraph (1); ``(iii) invention disclosures and patents; ``(iv) number of projects supported by qualifying institutions receiving a grant under paragraph (1) that secure Phase I or Phase II SBIR or STTR awards; ``(v) available information on revenue, sales or other measures of products that have been commercialized as a result of projects awarded under paragraph (1); ``(vi) number and location of jobs created resulting from projects awarded under paragraph (1); and ``(vii) other data as deemed appropriate by a Federal agency required by this subparagraph to develop a program evaluation plan. ``(B) Evaluative report to congress.--The head of each Federal agency that participates in the Innovative Approaches to Technology Transfer Grant Program shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate an evaluative report regarding the activities of the program. The report shall include-- ``(i) a detailed description of the implementation of the program; ``(ii) a detailed description of the grantee selection process; ``(iii) an accounting of the funds used in the program; and ``(iv) a summary of the data collected under subparagraph (A). ``(C) Data dissemination.--For the purposes of program transparency and dissemination of best practices, the Administrator shall include on the public database under subsection (k)(1) information on the Innovative Approaches to Technology Transfer Grant Program, including-- ``(i) the program evaluation plan required under subparagraph (A); ``(ii) a list of recipients of awards under paragraph (1); and ``(iii) information on the use of grants under paragraph (1) by recipient institutions.''.

Technology and Research Accelerating National Security and Future Economic Resiliency Act of 2013 or the TRANSFER Act of 2013 - Amends the Small Business Act to replace provisions requiring the Director of the National Institutes of Health to use funds for a Proof of Concept Partnership pilot program to accelerate the creation of small businesses and the commercialization of research innovations made by certain institutions with provisions directing each federal agency required to establish a small business technology transfer (STTR) program to carry out an Innovative Approaches to Technology Transfer Grant Program to support innovative approaches to technology transfer at institutions of higher education, nonprofit research institutions, and federal laboratories in order to accelerate the commercialization of federally funded research and technology by small businesses. Outlines activities eligible for funding, application requirements, and award procedures and amounts. Requires successful grant proposals to include a plan to assemble a program oversight board to establish award programs for individual projects and evaluate project applications. Provides the percentage of each agency's extramural budget to be expended on such Program for FY2014-FY2017. Directs each agency to: (1) develop a Program evaluation plan and collect information from grantees annually to evaluate the Program, and (2) submit a Program activities report to specified congressional committees. Requires the Administrator of the Small Business Administration (SBA) to include information on the Program on the public database of small businesses participating in STTR or Small Business Innovation Research programs.

TRANSFER Act of 2013

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Comprehensive Methamphetamine Abuse Reduction Act''. SEC. 2. EXPANDING METHAMPHETAMINE ABUSE PREVENTION EFFORTS. Section 515 of the Public Health Service Act (42 U.S.C. 290bb-21) is amended by adding at the end the following: ``(e) Prevention of Methamphetamine Abuse and Addiction.-- ``(1) Grants.--The Director of the Center for Substance Abuse Prevention (referred to in this section as the `Director') may make grants to and enter into contracts and cooperative agreements with public and non-profit private entities to enable such entities-- ``(A) to carry out school-based programs concerning the dangers of methamphetamine abuse and addiction, using methods that are effective and evidence-based; and ``(B) to carry out community-based methamphetamine abuse and addiction prevention programs that are effective and evidence-based. ``(2) Use of funds.--Amounts made available under a grant, contract or cooperative agreement under paragraph (1) shall be used for planning, establishing, or administering methamphetamine prevention programs in accordance with paragraph (3). ``(3) Prevention programs and activities.-- ``(A) In general.--Amounts provided under this subsection may be used-- ``(i) to carry out school-based programs that are focused on those districts with high or increasing rates of methamphetamine abuse and addiction and targeted at populations which are most at risk to start methamphetamine abuse; ``(ii) to carry out community-based prevention programs that are focused on those populations within the community that are most at-risk for methamphetamine abuse and addiction; ``(iii) to assist local government entities to conduct appropriate methamphetamine prevention activities; ``(iv) to train and educate State and local law enforcement officials on the signs of methamphetamine abuse and addiction and the options for treatment and prevention; ``(v) for planning, administration, and educational activities related to the prevention of methamphetamine abuse and addiction; ``(vi) for the monitoring and evaluation of methamphetamine prevention activities, and reporting and disseminating resulting information to the public; and ``(vii) for targeted pilot programs with evaluation components to encourage innovation and experimentation with new methodologies. ``(B) Priority.--The Director shall give priority in making grants under this subsection to rural and urban areas that are experiencing a high rate or rapid increases in methamphetamine abuse and addiction. ``(4) Analyses and evaluation.-- ``(A) In general.--Not less than $500,000 of the amount available in each fiscal year to carry out this subsection shall be made available to the Director, acting in consultation with other Federal agencies, to support and conduct periodic analyses and evaluations of effective prevention programs for methamphetamine abuse and addiction and the development of appropriate strategies for disseminating information about and implementing these programs. ``(B) Annual reports.--The Director shall submit to the Committee on Labor and Human Resources and Committee on Appropriations of the Senate and the Committee on Commerce and Committee on Appropriations of the House of Representatives, an annual report with the results of the analyses and evaluation under subparagraph (A). ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out paragraph (1), $20,000,000 for fiscal year 1999, and such sums as may be necessary for each succeeding fiscal year.''. SEC. 3. EXPANDING CRIMINAL PENALTIES AND LAW ENFORCEMENT FUNDING. (a) Swift and Certain Punishment of Methamphetamine Laboratory Operators.-- (1) Federal sentencing guidelines.-- (A) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall promulgate Federal sentencing guidelines or amend existing Federal sentencing guidelines for any offense relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine in violation of the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.) in accordance with this paragraph. (B) Requirements.--In carrying out this paragraph, the United States Sentencing Commission shall, with respect to each offense described in subparagraph (A)-- (i) increase the base offense level for the offense-- (I) by not less than 3 offense levels above the applicable level in effect on the date of enactment of this Act; or (II) if the resulting base offense level after an increase under subclause (II) would be less than level 27, to not less than level 27; or (ii) if the offense created a substantial risk of danger to the health and safety of another person (including any Federal, State, or local law enforcement officer lawfully present at the location of the offense, increase the base offense level for the offense-- (I) by not less than 6 offense levels above the applicable level in effect on the date of enactment of this Act; or (II) if the resulting base offense level after an increase under clause (i) would be less than level 30, to not less than level 30. (C) Emergency authority to sentencing commission.-- The United States Sentencing Commission shall promulgate the guidelines or amendments provided for under this paragraph as soon as practicable after the date of enactment of this Act in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100-182), as though the authority under that Act had not expired. (2) Effective date.--The amendments made pursuant to this subsection shall apply with respect to any offense occurring on or after the date that is 60 days after the date of enactment of this Act. (b) Increased Resources For Law Enforcement.--There are authorized to be appropriated to the Office of National Drug Control Policy to combat the trafficking of methamphetamine in areas designated by the Director of National Drug Control Policy as high intensity drug trafficking areas-- (1) $25,000,000 for fiscal year 1999; and (2) such sums as may be necessary for each of fiscal years 2000 through 2004. SEC. 4. TREATMENT OF METHAMPHETAMINE ABUSE. Section 507 of the Public Health Service Act (42 U.S.C. 290bb) is amended by adding at the end the following: ``(d) Treatment of Methamphetamine Abuse and Addiction.-- ``(1) Grants.--The Director of the Center for Substance Abuse Treatment (referred to in this section as the `Director') may make grants to and enter into contracts and cooperative agreements with public and non-profit private entities for the purpose of expanding activities for the treatment of methamphetamine abuse and addiction. ``(2) Use of funds.--Amounts made available under a grant, contract or cooperative agreement under paragraph (1) shall be used for planning, establishing, or administering methamphetamine treatment programs in accordance with paragraph (3). ``(3) Treatment programs and activities.-- ``(A) In general.--Amounts provided under this subsection may be used for-- ``(i) evidence-based programs designed to assist individuals to quit their use of methamphetamine and remain drug-free; ``(ii) training in recognizing methamphetamine abuse and addiction for health professionals, including physicians, nurses, dentists, health educators, public health professionals, and other health care providers; ``(iii) training in methamphetamine treatment methods for health plans, health professionals, including physicians, nurses, dentists, health educators, public health professionals, and other health care providers; ``(iv) planning, administration, and educational activities related to the treatment of methamphetamine abuse and addiction; ``(v) the monitoring and evaluation of methamphetamine treatment activities, and reporting and disseminating resulting information to health professionals and the public; ``(vi) targeted pilot programs with evaluation components to encourage innovation and experimentation with new methodologies; and ``(vii) coordination with the Center for Mental Health Services on the connection between methamphetamine abuse and addiction and mental illness. ``(B) Priority.--The Director shall give priority in making grants under this subsection to rural and urban areas that are experiencing a high rate or rapid increases in methamphetamine abuse and addiction. ``(4) Analyses and evaluation.-- ``(A) In general.--Not more than $1,000,000 of the amount available in each fiscal year to carry out this subsection shall be made available to the Director, acting in consultation with other Federal agencies, to support and conduct periodic analyses and evaluations of effective treatments for methamphetamine abuse and addiction and the development of appropriate strategies for disseminating information about and implementing treatment services. ``(B) Annual report.--The Director shall submit to the Committee on Labor and Human Resources and Committee on Appropriations of the Senate and the Committee on Commerce and Committee on Appropriations of the House or Representatives, an annual report with the results of the analyses and evaluation conducted under subparagraph (A). ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out paragraph (1), $40,000,000 for fiscal year 1999, and such sums as may be necessary for each succeeding fiscal year.''. SEC. 5. EXPANDING METHAMPHETAMINE RESEARCH. Section 464N of the Public Health Service Act (42 U.S.C. 285o-2) is amended by adding at the end the following: ``(c) Methamphetamine Research.-- ``(1) Grants.--The Director of the Institute may make grants to expand interdisciplinary research relating to methamphetamine abuse and addiction and other biomedical, behavioral and social issues related to methamphetamine abuse and addiction. ``(2) Use of funds.--Amounts made available under a grant under paragraph (1) may be used to conduct interdisciplinary research on methamphetamine abuse and addiction, including research on-- ``(A) the effects of methamphetamine abuse on the human body; ``(B) the addictive nature of methamphetamine and how such effects differ with respect to different individuals; ``(C) the connection between methamphetamine abuse and mental illness; ``(D) the identification and evaluation of the most effective methods of prevention of methamphetamine abuse and addiction; ``(E) the identification and development of the most effective methods of treatment of methamphetamine addiction, including pharmacological treatments; ``(F) risk factors for methamphetamine abuse; ``(G) effects of methamphetamine abuse and addiction on pregnant women and their fetuses; ``(H) cultural, social, behavioral, neurological and psychological reasons that individuals abuse methamphetamine, or refrain from abusing methamphetamine. ``(3) Research results.--The Director shall promptly disseminate research results under this subsection to Federal, State and local entities involved in combating methamphetamine abuse and addiction. ``(4) Authorization of appropriations.--There is authorized to be appropriated to carry out paragraph (1), $16,000,000 for fiscal year 1999, and such sums as may be necessary for each succeeding fiscal year.''.

Comprehensive Methamphetamine Abuse Reduction Act - Amends the Public Health Service Act (the Act) to authorize the Director of the Center for Substance Abuse Prevention to make grants to, and enter into contracts and cooperative agreements with, public and non-profit private entities to carry out: (1) school-based programs concerning the dangers of methamphetamine abuse and addiction; and (2) community based methamphetamine abuse and addiction prevention programs. Requires that: (1) sums made available be used for planning, establishing, or administering methamphetamine prevention programs; and (2) the Director give priority in making grants to rural and urban areas that are experiencing a high rate or rapid increases in methamphetamine abuse and addiction. Sets forth: (1) provisions regarding allotment of specified sums available for analyses and evaluations of effective prevention programs and the development of strategies for disseminating information about, and implementing, such programs; and (2) reporting requirements. Authorizes appropriations. (Sec. 3) Directs the United States Sentencing Commission to promulgate or amend existing Federal sentencing guidelines to increase the base offense levels for offenses relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine. Authorizes appropriations to the Office of National Drug Control Policy to combat the trafficking of methamphetamine in areas designated by the Director of National Drug Control Policy as high intensity drug trafficking areas. (Sec. 4) Amends the Act to authorize the Director of the Center for Substance Abuse Prevention to make grants to, and enter into contracts and cooperative agreements with, public and non-profit private entities for the purpose of expanding activities for the treatment of methamphetamine abuse and addiction. Sets forth analogous provisions regarding the use of funds, permissible treatment programs and activities, priority in making grants, analyses and evaluation, reporting requirements, and authorization of appropriations. (Sec. 5) Amends the Act to authorize the Director of the National Institute on Drug Abuse to make grants to expand interdisciplinary research relating to methamphetamine abuse and addiction and other biomedical, behavioral, and social issues related to methamphetamine abuse and addiction. Requires the Director to promptly disseminate research results to Federal, State, and local entities involved in combating methamphetamine abuse and addiction. Authorizes appropriations.

Comprehensive Methamphetamine Abuse Reduction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Powers America Act of 2017''. SEC. 2. ENERGY CREDIT FOR NUCLEAR ENERGY PROPERTY. (a) In General.--Section 48(a)(3)(A) of the Internal Revenue Code of 1986 is amended in clause (vi) by striking ``or'', by inserting ``or'' at the end of clause (vii), and by adding at the end the following new clause: ``(viii) qualified nuclear energy property,''. (b) Eligible for 30-Percent Credit.--Section 48(a)(2)(A)(i) of such Code is amended by striking ``and'' in subclause (III) and by adding at the end the following new subclause: ``(V) energy property described in paragraph (3)(A)(viii) but only with respect to property placed in service before January 1, 2024, and''. (c) Qualified Nuclear Energy Property.--Section 48(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Qualified nuclear energy property.-- ``(A) In general.--The term `qualified nuclear energy property' means any amounts paid or incurred for the refueling of, and any other expenditures described in section 263(a) with respect to, a qualifying nuclear power plant. ``(B) Qualifying nuclear power plant.--The term `qualifying nuclear power plant' means a nuclear power plant which-- ``(i) submitted an application for license renewal to the Nuclear Regulatory Commission in accordance with part 54 of title 10, Code of Federal Regulations, before January 1, 2024, or ``(ii) certified to the Secretary (at such time and in such form and in such manner as the Secretary prescribes) that such plant will submit an application for license renewal to the Nuclear Regulatory Commission in accordance with part 54 of title 10, Code of Federal Regulations, before January 1, 2024. ``(C) Special rules.-- ``(i) Basis.--For purposes of subsection (a), the cumulative amounts paid or incurred by the taxpayer during the taxable year with respect to a qualifying nuclear power plant, which are properly chargeable to capital account, shall be treated as the basis of the qualified nuclear energy property placed in service for that taxable year. ``(ii) Placed in service.--For purposes of subsection (a), qualified nuclear energy property shall be treated as having been placed in service on the last day of the taxable year in which the taxpayer pays or incurs such amounts described in clause (i). ``(iii) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) to any qualifying nuclear power plant which made a certification pursuant to subparagraph (B) but does not file an application of license renewal to the Nuclear Regulatory Commission in accordance with part 54 of title 10, Code of Federal Regulations, before January 1, 2024.''. (d) Phaseout of 30-Percent Credit Rate for Nuclear Energy Property.--Section 48(a) of such Code is amended by adding at the end the following new paragraph: ``(7) Phaseout for qualified nuclear energy property.--In the case of qualified nuclear energy property, the energy percentage determined under paragraph (2) shall be equal to-- ``(A) in the case of any property placed in service after December 31, 2021, and before January 1, 2023, 26 percent, and ``(B) in the case of any property placed in service after December 31, 2022, and before January 1, 2024, 22 percent.''. (e) Coordination With Credit for Production From Advanced Nuclear Power Facilities.--The last sentence of section 48(a)(3) is amended by inserting ``or 45J'' after ``section 45''. (f) Transfer of Credit by Certain Public Entities.-- (1) In general.--Section 48 of such Code is amended by adding at the end the following new subsection: ``(e) Special Rule for Qualified Nuclear Energy Property.-- ``(1) In general.--In the case of any qualified nuclear energy property, if, with respect to a credit under subsection (a) for any taxable year-- ``(A) the taxpayer would be a qualified public entity, and ``(B) such entity elects the application of this subsection for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election (and not the qualified public entity) shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). ``(2) Definitions.--For purposes of this subsection-- ``(A) Qualified public entity.--The term `qualified public entity' means-- ``(i) a Federal, State, or local government entity, or any political subdivision, agency, or instrumentality thereof, ``(ii) a mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2), or ``(iii) a not-for-profit electric utility which has or had received a loan or loan guarantee under the Rural Electrification Act of 1936. ``(B) Eligible project partner.--The term `eligible project partner' means-- ``(i) any person responsible for operating, maintaining, or repairing the qualifying nuclear power plant to which the credit under subsection (a) relates, ``(ii) any person who participates in the provision of the nuclear steam supply system to the qualifying nuclear power plant to which the credit under subsection (a) relates, ``(iii) any person who participates in the provision of nuclear fuel to the qualifying nuclear power plant to which the credit under subsection (a) relates, or ``(iv) any person who has an ownership interest in such facility. ``(3) Special rules.-- ``(A) Application to partnerships.--In the case of a credit under subsection (a) which is determined with respect to qualified nuclear energy property at the partnership level-- ``(i) for purposes of paragraph (1)(A), a qualified public entity shall be treated as the taxpayer with respect to such entity's distributive share of such credit, and ``(ii) the term `eligible project partner' shall include any partner of the partnership. ``(B) Taxable year in which credit taken into account.--In the case of any credit (or portion thereof) with respect to which an election is made under subsection (e), such credit shall be taken into account in the first taxable year of the eligible project partner ending with, or after, the qualified public entity's taxable year with respect to which the credit was determined. ``(C) Treatment of transfer under private use rules.--For purposes of section 141(b)(1), any benefit derived by an eligible project partner in connection with an election under this subsection shall not be taken into account as a private business use.''. (2) Special rule for proceeds of transfers for mutual or cooperative electric companies.--Section 501(c)(12) of such Code is amended by adding at the end the following new subparagraph: ``(I) In the case of a mutual or cooperative electric company described in this paragraph or an organization described in section 1381(a)(2), income received or accrued in connection with an election under section 48(e) shall be treated as an amount collected from members for the sole purpose of meeting losses and expenses.''. (g) Conforming Amendment.--Section 48(a)(2)(A) of such Code is amended by striking ``paragraph (6)'' and inserting ``paragraphs (6) and (7)''. (h) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2016, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990).

Nuclear Powers America Act of 2017 This bill amends the Internal Revenue Code to allow a tax credit for investments in qualified nuclear energy property placed in service before January 1, 2024. The credit applies to any amounts paid or incurred for refueling or other specified expenditures for a nuclear power plant for which an application for license renewal was or will be submitted to the Nuclear Regulatory Commission before January 1, 2024.

Nuclear Powers America Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Education Nexus in U.S. Act'' or the ``GENIUS Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) A host of growing challenges--international security, global markets, immigration, world health, the environment, and the emerging educational and material aspirations of the world's poorest people--are fundamentally altering the international landscape. (2) Rapid technological advances and the information age are shrinking the world, exponentially enlarging access of all peoples to essential knowledge, concepts, and ideas, and connecting Americans to their counterparts across the globe. (3) The diversity of American workplaces, schools, and communities increasingly parallels the world's diversity. (4) Americans, in the performance of their citizenship roles, are required to make informed judgments about the role of the United States in the world, as well as the impact of other nations and world regions on the United States. (5) The place of the United States in the world will depend on whether teachers, citizens, and policymakers of the United States understand how international events shape the lives, politics, economics, and security of the Nation. (6) American-based multinational corporations, as well as small businesses, increasingly need employees with knowledge of foreign languages and cultures to market products to customers domestically and around the globe, and to work effectively with foreign employees and partners in other countries. (7) It is the primary function of the Nation's schools to prepare America's students to meet the requirements of the workplace and to perform citizenship roles in dynamic and rapidly changing domestic and global communities. (8) Recent surveys consistently demonstrate the illiteracy of young Americans in geography, economics, and world history, as well as the low priority university students give to learning about other countries and cultures. (9) Only rarely do American high school or university students elect to study geography, world history, international relations, or global issues, or to obtain fluency in a foreign language. (10) School curricula and university programs of study are not adequately aligned to new international and global realities. (11) State educational agencies and local educational agencies must be encouraged to include international education competency as part of teacher credentialing and licensing. (b) Purposes.--The purposes of this Act are-- (1) to raise student achievement in world history and cultures, international and global studies, and foreign languages by increasing the international education competence and literacy of elementary school and secondary school teachers; and (2) to support programs that supplement student educational achievement in world history, international and global studies, and foreign languages. SEC. 3. DEPUTY ASSISTANT SECRETARY FOR INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION. Section 205 of the Department of Education Organization Act (20 U.S.C. 3415) is amended-- (1) in subsection (b)-- (A) in the matter preceding paragraph (1), by inserting ``elementary, secondary,'' after ``affecting''; (B) in paragraph (2), by striking ``and'' at the end; (C) in paragraph (3), by striking the period at the end and inserting ``, national nonprofit educational organizations or consortiums of nonprofit educational organizations, State educational agencies, local educational agencies, and other nonprofit organizations;''; and (D) by adding at the end the following: ``(4) assist the Secretary in administering the grant program under section 4 of the Global Education Nexus in U.S. Act; and ``(5) develop an international education research repository and make available the information contained in such repository to any State educational agency and local educational agency.''; and (2) by adding at the end the following: ``(c) Definitions.--As used in this section-- ``(1) the term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); ``(2) the term `international education' means educational subject matter related to world history, regions, cultures, and geography, as well as foreign languages, contemporary world issues, international relations, international economics, humanitarian law, international and non-governmental organizations, and the technology and communication mediums related to such subject matter. ``(3) the term `international education research repository' means a research repository containing scientifically valid education research, promising and exemplary practices related to international education, including foreign language education, as well as any other information related to international education that the Secretary determines would be beneficial for State educational agencies and local educational agencies in-- ``(A) the professional development of teachers of international education, including foreign language education; ``(B) the implementation of international education programs, including foreign language programs; and ``(C) improving the international education competency, including foreign language competency, of elementary school and secondary school students; ``(4) the term `national nonprofit educational organizations or consortiums of nonprofit educational organizations' means national nonprofit educational organizations or consortiums of nonprofit educational organizations that have as their primary purpose the improvement of student competency in international education, including foreign language competency, through effective international education instruction, including foreign language instruction, in elementary schools, secondary schools, and institutions of higher education; and ``(5) the terms `local educational agency', `elementary school', `secondary school', and `State educational agency' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).''. SEC. 4. INTERNATIONAL EDUCATION GRANTS. (a) Grants Authorized.--From the funds appropriated under section 6, the Secretary, acting through the Deputy Assistant Secretary, shall award grants on a competitive basis to eligible entities to promote international education instruction in elementary schools and secondary schools in accordance with subsection (c) by-- (1) increasing teacher competency with respect to international education subject matter; and (2) implementing supplemental international education services. (b) Grant Eligibility.-- (1) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Priority.--The Secretary shall give priority to eligible entities that-- (A) are eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); (B) offer professional development in international education to all teachers and encourage the inclusion of international education in core elementary school and secondary school curricula; and (C) the Secretary determines are most in need of receiving assistance in the area of international education. (c) Uses of Funds.--An eligible entity awarded a grant under this section shall use-- (1) 50 percent of such grant funds to develop, implement, and strengthen programs to teach international education within core elementary school and secondary school curricula, which shall include programs with respect to international education subject matter that-- (A) improve the quality of instruction; and (B) provide professional development and teacher education activities; and (2) 50 percent of such grant funds to supplement core academic subjects through supplemental international education services outside of normal instruction hours, such as-- (A) Model United Nations; (B) geography bees; and (C) any other service or program deemed beneficial to the development of student international education competency by the Secretary. SEC. 5. EVALUATION AND REPORT. (a) Evaluation.--From the funds appropriated under section 6, the Secretary shall conduct, through grant or by contract, a biennial independent evaluation of the international education programs administered by eligible entities under section 4 that-- (1) quantifies student academic achievement in international education; and (2) describes promising and exemplary practices of preparing teachers to teach international education topics and providing international education to students. (b) Report.--From the funds appropriated under section 6, the Secretary shall prepare, through grant or by contract, and submit to each House of Congress, an annual independent report that includes-- (1) the total amount of grant funds awarded under section 4, and the geographic distribution of such awards; (2) the results of the evaluation conducted under subsection (a); and (3) any other information deemed appropriate by the Deputy Assistant Secretary or the Secretary. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $200,000,000 to carry out this Act for fiscal year 2012 and such sums as may be necessary for each fiscal year thereafter. SEC. 7. DEFINITIONS. In this Act: (1) Deputy assistant secretary.--The term ``Deputy Assistant Secretary'' means the Deputy Assistant Secretary for International and Foreign Language Education in the Office of Postsecondary Education of the Department of Education. (2) Elementary school.--The term ``elementary school'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency; or (B) a partnership consisting of-- (i) a local educational agency; and (ii) a private organization or institution of higher education that provides such local educational agency with funding to carry out the activities described in section 4(c). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (5) International education.--The term ``international education'' means educational subject matter related to world history, regions, cultures, and geography, as well as foreign languages, contemporary world issues, international relations, international economics, humanitarian law, international and non-governmental organizations, and the technology and communication mediums related to such subject matter. (6) International education research repository.--The term ``international education research repository'' means a research repository containing scientifically valid education research, promising and exemplary practices related to international education, including foreign language education, as well as any other information related to international education that the Secretary determines would be beneficial for State educational agencies and local educational agencies in-- (A) the professional development of teachers of international education, including foreign language education; (B) the implementation of international education programs, including foreign language programs; and (C) improving the international education competency, including foreign language competency, of elementary school and secondary school students. (7) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (8) National nonprofit educational organizations or consortiums of nonprofit educational organizations.--The term ``national nonprofit educational organizations or consortiums of nonprofit educational organizations'' means national nonprofit educational organizations or consortiums of nonprofit educational organizations that have as their primary purpose the improvement of student competency in international education, including foreign language competency, through effective international education instruction, including foreign language instruction, in elementary schools, secondary schools, and institutions of higher education. (9) Secondary school.--The term ``secondary school'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (10) Secretary.--The term ``Secretary'' means the Secretary of Education.

Global Education Nexus in U.S. Act or GENIUS Act - Amends the Department of Education Organization Act to require the Deputy Assistant Secretary for International and Foreign Language Education to: (1) assist the Secretary of Education in administering this Act's grant program, and (2) develop an international education research repository and make it available to states and local educational agencies (LEAs). Directs the Secretary, acting through the Deputy Assistant Secretary, to award competitive grants to LEAs, or partnerships between LEAs and private organizations or institutions of higher education that provide their LEA partners with funding, to promote international education in elementary and secondary schools. Requires each grantee to use: (1) one-half of its grant on enhancing international education within core curricula, such as by increasing teacher competency; and (2) the other half on providing supplemental international education services outside of normal instruction hours. Directs the Secretary to conduct a biennial independent evaluation of such international education programs.

To raise achievement in international education in elementary schools and secondary schools through grants to improve teacher competency and to support programs in international education that supplement core curricula in such schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Opportunities Act''. SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS. (a) Credit for Individuals.-- (1) In general.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. QUALIFIED ELEMENTARY AND SECONDARY EDUCATION TUITION. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified contributions made by the taxpayer during the taxable year. ``(b) Dollar Limitation.--The amount allowed as a credit under subsection (a) with respect to any taxpayer shall not exceed-- ``(1) $2,250, in the case of a married individual filing a separate return, and ``(2) $4,500, in any other case. ``(c) Qualified Contributions; Other Definitions.--For purposes of this section-- ``(1) Qualified contribution.--The term `qualified contribution' means a charitable contribution (as defined by section 170(c)) to a scholarship granting organization. ``(2) Scholarship granting organization.--The term `scholarship granting organization' means any organization-- ``(A) which is described in section 501(c)(3) and exempt from tax under section 501(a), ``(B) whose exclusive purpose is to provide scholarships for the qualified elementary and secondary education expenses of eligible students, and ``(C) which meets the requirements of subsection (d). ``(3) Eligible student.--The term `eligible student' means an individual-- ``(A) who is enrolled in an elementary or secondary school (within the meaning of section 530(b)(3)(B), after the application of paragraph (4)(B)), and ``(B) who is a member of a household with a total annual household income which does not exceed 250 percent of the Federal poverty guidelines (as determined by the Secretary of Health and Human Services). ``(4) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' has the meaning given such term by section 530(b)(3), except that-- ``(A) `child' shall be substituted for `beneficiary' and `a child' shall be substituted for `the designated beneficiary of the trust' in clauses (i) and (iii) of subparagraph (A) thereof, and ``(B) in applying such paragraph, the term `school' shall only include schools which-- ``(i) charge tuition for attendance, ``(ii) comply with all applicable State laws, including laws relating to unlawful discrimination, health and safety requirements, and criminal background checks of employees, and ``(iii) agree to provide annual reports as described in subsection (e) to a scholarship granting organization and to the parents or guardians of eligible students receiving a scholarship from the scholarship granting organization. ``(5) Scholarship.--The term `scholarship' does not include any payment to fulfill or fund any obligation or project of any school or school system to provide a free, appropriate public education. ``(d) Requirements for Scholarship Granting Organizations.--An organization meets the requirements of this section if-- ``(1) such organization does not provide grants to eligible students for any expenses other than qualified elementary and secondary education expenses, ``(2) such organization provides grants to-- ``(A) more than 1 student, and ``(B) different students attending more than 1 school, ``(3) such organization does not earmark or set aside contributions for scholarships on behalf of any particular student or to any specific school or group of schools, ``(4) such organization takes appropriate steps to verify the annual household income and family size of eligible students to which it provides grants, ``(5) such organization obtains annual audits from an independent certified public accountant and submits such audits to the Secretary, ``(6) no employee of such organization has violated any law relating to the audit described in paragraph (4), and ``(7) such organization-- ``(A) requires any eligible student who receives a scholarship-- ``(i) to participate in the evaluation conducted by the Institute of Education Science under section 2(d) of the Educational Opportunities Act, and ``(ii) to permit such organization to share assessment information and other data regarding the student with the Institute in accordance with subparagraph (B), and ``(B) provides the reports described in subsection (e)(1)(C) and such other information as necessary to the Director of the Institute of Education Science for the purposes of identifying eligible students receiving a scholarship from such organization and conducting the evaluations and reports required under section 2(d) of the Educational Opportunities Act. For purposes of paragraph (5), the term `independent certified public accountant' means, with respect to an organization, a certified public accountant which is not a related person (within the meaning of section 465(b)(3)(C)) with respect to such organization or any employee of such organization. ``(e) Eligible School Reporting Requirement.-- ``(1) In general.--The reports described in this subsection include-- ``(A) a report to the parents on the student's academic achievement, including a comparison with the aggregate academic achievement of other students in the same grade or level at the school who receive a scholarship from a scholarship granting organization, if available, and ``(B) a report, to each scholarship granting organization that provides scholarships to students at the school, that includes-- ``(i) the test results, in the aggregate and disaggregated by race or ethnicity and grade level, of the students receiving such scholarships who are in grades 3 through 12 on a grade-appropriate nationally norm-referenced standardized test, or a grade-appropriate State-recognized assessment, and ``(ii) any additional data requested by the Director of the Institute of Education Sciences in accordance with section 2(d)(B) of the Educational Opportunities Act. ``(2) No personally identifiable information.--In preparing and submitting the report described in paragraph (1)(B), a school shall not include any personally identifiable information regarding a student. ``(f) Denial of Double Benefit.--No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. ``(g) Election.--This section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.''. (2) Clerical 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. Qualified elementary and secondary education tuition.''. (b) Credit for Corporations.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS. ``(a) General Rule.--For purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year. ``(b) Limitation.--The amount of the credit determined under this section for any taxable year shall not exceed $100,000. ``(c) Qualified Contributions.--For purposes of this section, the term `qualified contribution' has the meaning given such term under section 25E. ``(d) Denial of Double Benefit.--No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. ``(e) Election.--This section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.''. (2) Conforming amendments.-- (A) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period and inserting ``, plus'' at the end of paragraph (36), and by adding at the end the following new paragraph: ``(37) the education scholarship credit determined under section 45S(a).''. (B) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Contributions to scholarship granting organizations.''. (c) Excise Tax on Failure of Scholarship Granting Organizations To Make Distributions.-- (1) In general.--Chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter H--Scholarship Granting Organizations ``Sec. 4968. Tax on failure to distribute receipts. ``SEC. 4968. TAX ON FAILURE TO DISTRIBUTE RECEIPTS. ``(a) Tax Imposed.--There is hereby imposed a tax on the failure of a scholarship granting organization (as defined in section 25E(c)(2)) to make distributions in any taxable year in an amount equal to or in excess of the required distribution amount before the distribution deadline. ``(b) Amount of Tax.--The tax imposed by subsection (a) shall be equal to 15 percent of the excess (if any) of-- ``(1) the required distribution amount with respect to the taxable year, over ``(2) the amount of receipts of the scholarship granting organization for such taxable year which are distributed before the distribution deadline with respect to such receipts. ``(c) Definitions.--For purposes of this section-- ``(1) Required distribution amount.--The required distribution amount with respect to a taxable year is the amount equal to 90 percent of the total receipts of the scholarship granting organization for such taxable year. ``(2) Distributions.--The term `distribution' includes amounts which are formally committed but not distributed. ``(3) Distribution deadline.--The distribution deadline with respect to receipts for a taxable year is the first day of the second taxable year following the taxable year in which such receipts are received by the scholarship granting organization. ``(d) Reasonable Cause Exception.--The tax imposed by subsection (a) shall not apply with respect to any failure to make required distributions before the distribution deadline which is not willful and is due to reasonable cause.''. (2) Abatement of tax.-- (A) General rule.--Subsection (b) of section 4962 of such Code is amended by striking ``or G'' and inserting ``G, or H''. (B) First tier tax.--Subsection (a) of section 4963 of such Code is amended by inserting ``4968,'' after ``4967,''. (C) Taxable event.--Subsection (c) of section 4963 of such Code is amended by inserting ``4968,'' after ``4967,''. (3) Correction period.--Subparagraph (A) of section 4963(e)(2) of such Code is amended by inserting ``or 4968'' after ``4942''. (4) Conforming amendment.--The table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item: ``subchapter h. scholarship granting organizations''. (d) Evaluations.-- (1) Definitions.--In this section-- (A) the terms ``eligible student'', ``qualified elementary and secondary education expenses'', and ``scholarship granting organization'' have the meanings given such terms in section 25E(c) of the Internal Revenue Code of 1986, as added by this Act; (B) the term ``Director'' means the Director of the Institute of Education Sciences; and (C) the term ``participating student'' means an eligible student who receives a scholarship for qualified elementary and secondary education expenses from a scholarship granting organization. (2) Evaluations.-- (A) In general.--By not later than April 1 of the year following the year of the date of enactment of this Act, and by April 1 of each subsequent year, the Director shall conduct an annual evaluation to determine the effectiveness of scholarships provided by scholarship granting organizations to eligible students in improving the academic achievement and success of the eligible students. (B) Contents of the evaluation.--In conducting the evaluation required under this subsection, the Director shall-- (i) request, from each scholarship granting organization, the reports provided to the scholarship granting organization by the schools accepting participating students, in accordance with section 25E(e)(1)(B); (ii) using the reports described in clause (i), assess the academic achievement of all participating students in grades 3 through 12, based on the nationally norm-referenced standardized test or State-recognized assessment used by each school; (iii) evaluate the school retention rates, secondary school graduation rates, and institution of higher education admission rates of participating students; (iv) evaluate the success of the tax credits allowed under sections 25E and 45S of the Internal Revenue Code of 1986, as added by this Act, in expanding school choice options for parents of participating students, increasing the satisfaction of such parents and students, and increasing parental involvement of such parents in the education of their students; and (v) evaluate such other issues with respect to the education of participating students as the Director considers appropriate for inclusion in the evaluation. (3) Reports.--By not later than April 1 of the year after the year of the first evaluation under paragraph (2), and by April 1 of each subsequent year, the Director shall submit to the Committee on Ways and Means and the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Finance and the Committee on Education and the Workforce of the House of Representatives, an annual report on scholarships provided by scholarship granting organizations that incorporates the results of the most recent evaluation described in paragraph (2). (4) Prohibition.--No personally identifiable information shall be disclosed in the data, evaluations, and reports required under this subsection. (5) Public availability.--The Director shall make all evaluations, reports, and underlying data gathered pursuant to this subsection available to the public, upon request and in a timely manner following submission of the applicable report or evaluation under this subsection, subject to paragraph (4). (e) Effective Date.--The amendments made by subsections (a), (b), and (c) shall apply to taxable years beginning after December 31, 2013.

Educational Opportunities Act - Amends the Internal Revenue Code to allow individual taxpayers a tax credit for charitable contributions to a scholarship granting organization. Allows a maximum credit amount of $4,500 ($2,250 for a married individual filing a separate return). Defines "scholarship granting organization" as a tax-exempt entity whose exclusive purpose is to provide scholarships for the tuition and other expenses of elementary and secondary school students from low income households (i.e., household income not exceeding 250% of federal poverty guidelines). Allows corporate taxpayers a tax credit, up to $100,000, for contributions to a scholarship granting organization. Imposes a penalty on scholarship granting organizations that fail to distribute at least 90% of their total receipts for elementary and secondary school expenses in a taxable year.

Educational Opportunities Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Background Security Records Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The procedures used by the White House and the Federal Bureau of Investigation to protect the privacy and security of records containing sensitive background security information have been inadequate to provide that protection. (2) Under chapter 22 of title 44, United States Code, popularly known as the ``Presidential Records Act of 1978'', upon the conclusion of a President's term of office the Archivist of the United States assumes responsibility for all Presidential records, including records that were provided by the Federal Bureau of Investigation and that contain sensitive background security information on individuals having access to the White House. (3) The Archivist is required to deposit all such Presidential records in a Presidential archival depository or other archival facility. Thereafter, the records are not readily available to an incoming President for use to review the security of individuals who have a continuing need for access to the White House, including permanent employees of the White House. (4) After deposit in a Presidential archival depository or other archival facility, such records and the sensitive background information they contain are eventually available to researchers, cannot be restricted from the public for more than 12 years, and therefore are not afforded the level of privacy and security which are appropriate for these sensitive records. (5) To request such files from the Federal Bureau of Investigation or to otherwise review the security of individuals who have a continuing need for access to the White House, the White House needs accurate lists of all individuals employed by, detailed to, or otherwise having a continuing need for access to the White House. (b) Purpose.--The purpose of this Act is to ensure that Federal Bureau of Investigation records containing sensitive background security information that are provided to the White House are properly protected for privacy and security. SEC. 3. SPECIAL PROTECTIONS FOR FEDERAL BUREAU OF INVESTIGATION BACKGROUND SECURITY RECORDS PROVIDED TO THE WHITE HOUSE. (a) Special Treatment Under Presidential Records Act of 1978.-- Chapter 22 of title 44, United States Code, popularly known as the ``Presidential Records Act of 1978'', is amended in section 2202 by adding at the end the following new subsection: ``(g)(1) Any record provided by the Federal Bureau of Investigation to the White House for the purpose of providing background security information on any person-- ``(A) shall not be a Presidential record for purposes of subsection (f); and ``(B) upon the conclusion of a President's term of office, or if a President serves consecutive terms upon the conclusion of the last term-- ``(i) except as provided in clause (ii), shall be returned to the Federal Bureau of Investigation; and ``(ii) in the case of a record that was provided by the Federal Bureau of Investigation for the purpose of providing background security information on an individual who the President determines continues to have a need for access to the White House, shall be maintained at the White House in accordance with regulations prescribed by the Director of the Federal Bureau of Investigation. ``(2) The Secretary of the Treasury shall maintain and periodically provide to the President and the Director of the Federal Bureau of Investigation, accurate lists of individuals who are employed in or detailed to the White House. ``(3) For purposes of this subsection, the term `White House' means any of the following: ``(A) The White House Office. ``(B) The Office of Administration in the Executive Office of the President. ``(C) The Office of Policy Development. ``(D) The Office of National Drug Control Policy. ``(E) Any other office located on the White House grounds.''. (b) Special Requirements Under Privacy Act.--Section 552a of title 5, United States Code, popularly known as the ``Privacy Act'', is amended by adding at the end the following new subsection: ``(w)(1) Any record provided by the Federal Bureau of Investigation to the White House for the purpose of providing background security information on a person shall be maintained at the White House as a Federal Bureau of Investigation record, in accordance with all laws applicable to such a record and regulations prescribed by the Director of the Federal Bureau of Investigation. ``(2) No record containing sensitive background information on a person shall be disclosed by the Federal Bureau of Investigation to the White House unless-- ``(A) the request for such record is in writing and contains-- ``(i) the consent of that person given within 30 days of the date of the request; ``(ii) a statement of the reason the record is being requested; and ``(iii) a certification by the person who signs the request that the information will be used only for official purposes; and ``(B) the request for such records is approved and signed by-- ``(i) the Counsel to the President; or ``(ii) an individual employed in the Counsel's office who has been specifically designated for that purpose and whose identity and qualifications for that purpose have been published in the Federal Register. ``(3) The requirements of this subsection may be waived only in extraordinary circumstances, and upon a written request provided to the Director of the Federal Bureau of Investigation and signed by the President or the Counsel to the President and the Attorney General. ``(4) The Director of the Federal Bureau of Investigation shall issue regulations to implement the requirements of this section. ``(5) For purposes of this subsection, the term `White House' means any of the following: ``(A) The White House Office. ``(B) The Office of Administration in the Executive Office of the President. ``(C) The Office of Policy Development. ``(D) The Office of National Drug Control Policy. ``(E) Any other office located on the White House grounds''.

Background Security Records Act of 1996 - Amends the Presidential Records Act of 1978 to direct that any record provided by the Federal Bureau of Investigation (FBI) to the White House for providing background security information on any individual shall: (1) not be a presidential record; and (2) upon the conclusion of a President's term of office or upon conclusion of the last term, such record shall be returned to the FBI, subject to an exception. Requires the Secretary of the Treasury to maintain and periodically provide to the President and the FBI Director accurate lists of individuals who are employed in or detailed to the White House. Amends the Privacy Act to require that any record provided by the FBI to the White House for providing background security information on an individual shall be maintained at the White House as an FBI record. Prohibits disclosure of a record containing sensitive background information on an individual by the FBI to the White House, except as specified.

Background Security Records Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Seaport Multiyear Security Enhancement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Nation's 361 seaports are considered a major terrorist target. Al Qaeda has strong ties to the shipping industry and one of the aims of this terrorist network is to weaken the economic security of our country. (2) The Nation's coastline is our longest border, which is a 95,000-mile coast that includes the Great Lakes and inland waterways. (3) Protecting America's seaports is critical to the Nation's economic growth and vitality. Seaports handle 95 percent of our Nation's overseas trade by volume, support the mobilization and deployment of the Armed Forces, and serve as transit points for millions of cruise and ferry passengers. (4) Maritime industries contribute $742,000,000,000 per year to our Gross National Product. (5) The United States Coast Guard has issued final regulations that call for an immediate and long-term investment in the security of our seaports. (6) According to the United States Coast Guard, implementing these regulations will cost $1,125,000,000 in the first year and $5,450,000,000 over 10 years. (7) Given the Nation's economic dependence on our seaports and our ongoing national security concerns, seaport security funding and the need for Federal support for the Nation's security should be ongoing. (8) Given the enormity of the seaport capital infrastructure projects, Congress needs to establish a multi- year seaport grant program that resembles the Letter of Intent measures established in the aviation security program. (9) The continuing security and economic needs that face the Nation and our seaports should be recognized by the implementation of this Act. SEC. 3. SEAPORT SECURITY IMPROVEMENT PROJECTS. (a) Grant Authority.--Subject to the requirements of this section, the Secretary of Homeland Security may make grants to seaports to enhance security. (b) Applications.--A seaport seeking a grant under this section shall submit to the Secretary an application in such form and containing such information as the Secretary prescribes. (c) Grant Awards.-- (1) In general.--The Secretary, after consultation with the Secretary of Transportation, may approve an application of a seaport for a grant under this section only if the Secretary determines that the project will improve security at a seaport or improve the efficiency of the seaport without lessening security. (2) Priority.--The Secretary shall give priority in awarding grants under this section to seaports that the Secretary considers will impact or enhance the Nation's seaport security. (d) Matching Requirements.-- (1) 75-percent federal funding.--Except as provided in paragraph (2), Federal funds for any eligible project under this section shall not exceed 75 percent of the total cost of such project. (2) Exceptions.-- (A) Small projects.--A seaport with a project under subsection (a) that costs less than $25,000 shall not be required to match Federal funds. (B) Higher level of support required.--If the Secretary determines that a proposed project merits support and cannot be undertaken without a higher rate of Federal support, the Secretary may approve grants under this section with a matching requirement other than that specified in paragraph (1). (e) Letters of Intent.-- (1) Issuance.--The Secretary may issue a letter of intent to a seaport committing to obligate from future budget authority an amount, not more than the Federal Government's share of the project's cost, for a seaport security improvement project (including interest costs and costs of formulating the project). (2) Schedule.--A letter of intent under this subsection shall establish a schedule under which the Secretary will reimburse the seaport for the Government's share of the project's costs, as amounts become available, if the seaport, after the Secretary issues the letter, carries out the project without receiving amounts under this section. (3) Notice to secretary.--A seaport that has been issued a letter of intent under this subsection shall notify the Secretary of the seaport's intent to carry out a project before the project begins. (4) Notice to congress.--The Secretary shall transmit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce, Science and Transportation of the Senate a written notification at least 3 days before the issuance of a letter of intent under this section. (5) Limitations.--A letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws. (6) Statutory construction.--Nothing in this subsection shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued. (f) Application of Additional Requirements.--The Secretary may require as a condition for issuance of a letter of intent such reasonable administrative requirements as necessary to carry out the provisions of this Act. (g) Secretary Defined.--Unless otherwise provided, in this section, the term ``Secretary'' means the Secretary of Homeland Security. (h) Notification to Committee.--The Secretary shall notify the appropriate committees of Congress when a grant is made under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $800,000,000 for each of fiscal years 2005 through 2009. Such sums shall remain available until expended.

United States Seaport Multiyear Security Enhancement Act - Authorizes the Secretary of Homeland Security to make grants to seaports to enhance security if the Secretary, in consultation with the Secretary of Transportation, determines that the grant will improve security at a seaport or improve the efficiency of the seaport without lessening security.

To improve seaport security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Harold Hughes Commission on Alcoholism Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the Harold Hughes Commission on Alcoholism (in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--The Commission shall carry out the following studies of alcoholism: (1) A study of existing Federal governmental agencies and programs related to alcoholism to determine how such programs and agencies could be better designed or coordinated in order to increase the effectiveness of the funds allocated to them. (2) A study of how existing government agencies could be more effectively utilized to educate the American public about the known social and financial costs of alcoholism; and how such agencies could work more effectively with private sector groups to better educate the American people about alcoholism its prevention, and treatment. (3) A study of the nature and extent of instruction on alcoholism provided to physicians in American medical schools and through the certification and re-certification process in the various States, including an examination of the requirements for accreditation of medical schools as they relate to alcoholism. (4) A study of unmet research needs in the area of alcoholism, and how research money can be prioritized for best results and appropriate research funding levels in view of the size and scope of the alcoholism problem. (5) A study of the effectiveness of the various forms of alcoholism treatment and the cost-effectiveness of increasing access to public and private treatment for those with alcoholism including the role of managed care. (6) Such other studies as the Commission determines to be appropriate. (b) Reports.--Not later than two years after the date on which amounts under section 8 are first made available for carrying out this Act, the Commission shall submit to the President and the Congress a report describing the findings made in studies under subsection (a). The Commission may submit to the President and the Congress such interim reports regarding the duties of the Commission under such subsection as the Commission determines to be appropriate. SEC. 4. MEMBERSHIP. (a) Composition.-- (1) In general.--The Commission shall be composed of 12 voting members appointed in accordance with paragraph (2) and one ex officio voting member designated in paragraph (3). (2) Appointed members.--Members of the Commission shall be appointed in accordance with the following: (A) The President shall appoint four individuals from among individuals who are not officers or employees of the Federal Government. Of such individuals-- (i) one shall represent the medical profession and teaching hospitals; (ii) one shall represent employee assistance programs; (iii) one shall represent entities that provide health insurance or operate health plans; and (iv) one shall represent entities that provide treatment for alcoholism. (B) The President Pro Tempore of the Senate shall, after consultation with the majority and minority leaders of the Senate, appoint four individuals. Of such individuals-- (i) two shall be Senators; and (ii) two shall be appointed from among individuals who are not officers or employees of the Federal Government. (C) The Speaker of the House of Representatives shall, after consultation with the majority and minority leaders of the House, appoint four individuals. Of such individuals-- (i) two shall be Members of the House; and (ii) two shall be appointed from among individuals who are not officers or employees of the Federal Government. (3) Ex officio member.--The Director of the National Institute on Alcoholism and Alcohol Abuse shall serve as an ex officio member of the Commission. (b) Chair.--The President shall designate a member of the Commission to serve as the chair of the Commission. The Chair shall be a member who was appointed to the Commission from among individuals who were not officers or employees of the Federal Government. (c) Terms.--The term of a member of the Commission is the duration of the Commission. (d) Vacancies.-- (1) Authority of commission.--A vacancy in the membership of the Commission does not affect the power of the remaining members to carry out the duties under section 3. (2) Appointment of successors.--A vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made. (3) Incomplete term.--If a member of the Commission does not serve the full term applicable to the member, the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (d) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chair or a majority of the members, except that not less than two meetings shall be held each year for the duration of the Commission. (2) Quorum.--A quorum for meetings of the Commission is constituted by the presence of 7 members, except that a lesser number may conduct hearings under section 6(a). (e) Compensation; Reimbursement of Expenses.-- (1) Compensation.--Members of the Commission may not receive compensation for service on the Commission, subject to paragraph (2). (2) Reimbursement.--Members of the Commission may, in accordance with chapter 57 of title 5, United States Code, be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Commission. SEC. 5. STAFF AND CONSULTANTS. (a) Staff.-- (1) In general.--The Commission may appoint and determine the compensation of such staff as may be necessary to carry out the duties of the Commission, including an executive director. Such appointments and compensation may be made without regard to the provisions of title 5, United States Code, that govern appointments in the competitive services, and the provisions of chapter 51 and subchapter III of chapter 53 of such title that relate to classifications and the General Schedule pay rates. (2) Limitation.--Staff members appointed under paragraph (1) may not be compensated in excess of the maximum rate of basic pay payable for GS-15, except that the executive director may not be compensated in an amount exceeding the maximum rate of basic pay payable under the General Schedule for positions above GS-15. (b) Consultants.--The Commission may procure such temporary and intermittent services of consultants under section 3109(b) of title 5, United States Code, as the Commission may determine to be useful in carrying out the duties under section 3. The Commission may not procure services under this subsection at any rate in excess of the daily equivalent of the maximum annual rate of basic pay payable under the General Schedule for positions above GS-15. Consultants under this subsection may, in accordance with chapter 57 of title 5, United States Code, be reimbursed for travel, subsistence, and other necessary expenses incurred for activities carried out on behalf of the Commission pursuant to section 3. SEC. 6. POWERS. (a) In General.--For the purpose of carrying out the duties of the Commission under section 3, the Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. (b) Obtaining Official Information.--Upon the request of the Commission, the heads of Federal agencies shall furnish directly to the Commission information necessary for the Commission to carry out the duties under section 3. (c) Use of Mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support, including quarters for the Commission, as may be necessary for the Commission to carry out the duties under section 3. (e) Acceptance of Gifts.--The Commission may accept cash and in- kind contributions to the Commission for the purpose of carrying out the activities of the Commission. SEC. 7. DURATION OF COMMISSION. The Commission terminates upon the expiration of the 60-day period beginning on the date on which the final report is submitted under section 3(b). SEC. 8. AUTHORIZATION FOR APPROPRIATIONS. For the purpose of carrying out this Act, there is authorized to be appropriated $3,000,000. Amounts appropriated under the preceding sentence are available until the termination of the Commission under section 7.

Harold Hughes Commission on Alcoholism Act - Establishes the Harold Hughes Commission on Alcoholism to study: (1) existing Federal agencies and programs related to alcoholism; (2) public education, both directly by governmental agencies and by governmental agencies working with private sector groups; (3) physician instruction; (4) unmet research needs; and (5) treatment effectiveness and cost- effectiveness. Authorizes appropriations.

Harold Hughes Commission on Alcoholism Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cooperative Landscape Conservation Act''. SEC. 2. PURPOSE. The purpose of this Act is to establish a program administered by the Secretary of the Interior to provide matching grants to certain eligible entities to facilitate the acquisition of permanent conservation easements on lands in order to conserve wildlife, fisheries, public recreation, open space, and other important conservation values where consistent with the continuation of traditional uses of those lands by private landowners. SEC. 3. ESTABLISHMENT OF THE COOPERATIVE LANDSCAPE PROTECTION PROGRAM. (a) Establishment.--The Secretary of the Interior shall establish and carry out a program, to be known as the Cooperative Landscape Conservation Program, under which the Secretary, subject to the availability of appropriations, shall provide grants to eligible entities to provide the Federal share of the cost of acquiring permanent conservation easements on private lands that provide important wildlife, fisheries, public recreation, open space, or other conservation benefits to the public, for the purpose of preventing the loss of those benefits due to development that is inconsistent with the traditional uses of the land. (b) Application for Easements.--To request a grant under this section, an eligible entity shall submit an application that-- (1) describes the property that will be subject to the easement and the conservation benefits that will result from acquiring the easement; and (2) demonstrates how the traditional use of the property will be maintained. (c) Priority.--In providing grants under this section, the Secretary shall give priority to grants to acquire easements that-- (1) are in areas where rapid population growth and increasing land values are creating development pressures that threaten traditional use of land and the ability to maintain open space; and (2) in comparison to other easements for which grant applications are submitted under this section in the same year, will provide the greatest conservation benefit for wildlife, fish, natural resources, or open space while maintaining the traditional use of land. (d) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of acquiring a conservation easement with a grant under this section may not exceed 50 percent of the total cost of acquiring the easement. (2) In-kind contributions.--Subject to such reasonable conditions as the Secretary may establish, the Secretary shall apply to the non-Federal share of the cost of such acquisition the value of any land, interest in land, good, or service applied to that acquisition. (e) Title; Enforcement.--Title to a conservation easement acquired with a grant under this section may be held and enforced only by an eligible entity. (f) State Certification.--As a condition of the receipt by an eligible entity of a grant under subsection (a), the attorney general of the State in which the conservation easement is to be acquired using the grant funds must certify that the conservation easement to be acquired is in a form that is sufficient, under the laws of the State, to achieve the conservation purposes of the easement and the terms and conditions of the grant. (g) Technical Assistance.--The Secretary may not use more than 10 percent of the amount that is available for any fiscal year to carry out this Act to provide technical assistance to carry out this section. (h) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) an agency of a State or local government; (B) a federally recognized Indian tribe; or (C) any organization that is organized for, and at all times since its formation has been operated principally for, one or more of the conservation purposes specified in clause (i), (ii), or (iii) of section 170(h)(4)(A) of the Internal Revenue Code of 1986 and-- (i) is described in section 501(c)(3) of the Code; (ii) is exempt from taxation under section 501(a) of the Code; and (iii)(I) is described in paragraph (2) of section 509(a) of the Code; or (II) is described in paragraph (3) of such section, but is controlled by an organization described in paragraph (2) of such section. (2) Traditional use.--The term ``traditional use'' means the uses of land that are in practice at the time of the submission of an application for a grant under this section. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of the Interior to carry out this Act $100,000,000 for each of the fiscal years 2004 through 2009.

Cooperative Landscape Conservation Act - Requires the Secretary of the Interior to establish and carry out the Cooperative Landscape Conservation Program to provide grants of up to 50 percent of the total cost to eligible entities for the acquisition of permanent conservation easements on private lands that provide important wildlife, fisheries, public recreation, open space, or other conservation benefits to the public, for the purpose of preventing the loss of those benefits due to development inconsistent with the traditional uses of the lands.

To direct the Secretary of the Interior to establish the Cooperative Landscape Conservation Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fallen Heroes of 9/11 Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds that-- (1) the tragic deaths at the World Trade Center, at the Pentagon, and in rural Pennsylvania on September 11, 2001, have forever changed our Nation; (2) the officers, emergency workers, and other employees of State and local government agencies, including the Port Authority of New York and New Jersey, and of the United States Government and others, who responded to the attacks on the World Trade Center in New York City and perished as a result of the tragic events of September 11, 2001 (including those who are missing and presumed dead), took heroic and noble action on that day; (3) the officers, emergency rescue workers, and employees of local and United States Government agencies, who responded to the attack on the Pentagon in Washington, DC, took heroic and noble action to evacuate the premises and prevent further casualties of Pentagon employees; (4) the passengers and crew of United Airlines Flight 93, recognizing the potential danger that the aircraft that they were aboard posed to large numbers of innocent Americans, American institutions, and the symbols of American democracy, took heroic and noble action to ensure that the aircraft could not be used as a weapon; and (5) given the unprecedented nature of the attacks against the United States of America and the need to properly demonstrate the support of the country for those who lost their lives to terrorism, it is fitting that their sacrifice be recognized with the award of an appropriate medal. SEC. 3. FALLEN HEROES OF 9/11 CONGRESSIONAL MEDALS. (a) Presentation Authorized.--The President is authorized, on behalf of Congress, to award a medal of appropriate design, such medal to be known as the ``Fallen Heroes of 9/11 Congressional Medal'', to-- (1) the personal representative or next of kin of each individual referred to in subsection (c), in recognition of the sacrifice made by each such individual, and to honor their deaths on and following September 11, 2001; (2) the Flight 93 National Memorial Project in Pennsylvania; (3) the National September 11 Memorial and Museum in New York; and (4) the Pentagon Memorial Project at the Pentagon. (b) Design and Striking.-- (1) In general.--For purposes of the presentations referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike 3 designs of medals, with such suitable emblems, devices, and inscriptions as the Secretary determines to be appropriate to be representative of and in honor of, respectively-- (A) those who lost their lives in the attack at the World Trade Center, including civilians, public safety officers, emergency workers, and the passengers and crew of Flight 11 and United Airlines Flight 175; (B) the passengers and crew aboard United Airlines Flight 93 that was brought down in rural Pennsylvania near Shanksville, Somerset County; and (C) those who lost their lives at the Pentagon, including the passengers and crew of American Airlines Flight 77. (2) Consultation.--Before making a final determination with respect to the design of the medal under this subsection, the Secretary shall consult with the Secretary of Defense and such other parties as the Secretary may determine to be appropriate. (3) Content of medals.--The medals struck for purposes of subsection (a)(1) shall be silver medals, and the medals struck for purposes of paragraphs (2) through (4) of subsection (a) shall be gold medals. (c) Eligibility To Receive Medal.-- (1) In general.--Any individual who died on or after September 11, 2001, as a direct result of the acts of terrorism within the United States on that date, shall be eligible for a medal authorized by subsection (a). (2) Determination.--Eligibility under paragraph (1) shall be determined by the Secretary, in consultation with such other officers of the United States Government and State and local officials as the Secretary determines to be appropriate. SEC. 4. DUPLICATE MEDALS. (a) Recipients of Duplicate Medals.--The Secretary shall strike duplicates in bronze of the medals struck pursuant to section 3 for presentation to each precinct house, firehouse, emergency response station, or other duty station or place of employment to which each person referred to in subsection (b) was assigned on September 11, 2001, for permanent display in each such place in a manner befitting the memory of such person. (b) Public Safety, Emergency, and Other Workers.--Persons referred to in this subsection are officers, emergency workers, and other employees of State and local government agencies, including the Port Authority of New York and New Jersey, and of the United States Government and others, who responded to the attacks on the World Trade Center in New York City on September 11, 2001, and perished as a direct result of that act of terrorism (including those who are missing and presumed dead). SEC. 5. ESTABLISHMENT OF LISTS OF RECIPIENTS. (a) Initial Lists.-- (1) In general.--Before the end of the 120-day period beginning on the date of enactment of this Act, the Secretary shall establish, in the sole discretion of the Secretary, in accordance with this Act-- (A) a list of the names of individuals eligible to receive a medal under section 3(c)(1) (and their personal representative or next of kin), during the period beginning on September 11, 2001, and ending on the date of enactment of this Act; and (B) a list of the eligible recipients of a duplicate medal under section 4. (2) Consultation.--In making determinations under this section, the Secretary shall consult the lists of victims maintained by the Office of the Medical Examiner of New York City, the Office of the County Coroner of Somerset County, Pennsylvania, the Armed Forces Medical Examiners System, and such other organizations as the Secretary may determine to be appropriate. (3) Determinations final.--The lists established under this section, and the inclusion on or exclusion from such lists of any person, is not subject to judicial review. (b) Subsequent Eligibility.--If any individual becomes eligible for a medal under section 3(c)(1), or any other recipient becomes eligible for a duplicate medal under section 4, the Secretary shall promptly add the name of that individual or recipient to the appropriate list established pursuant to subsection (a). SEC. 6. SALES OF DUPLICATE MEDALS TO THE PUBLIC TO DEFRAY COSTS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the medals struck under this Act, at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 7. NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.

Fallen Heroes of 9/11 Act - Authorizes the President to award a Fallen Heroes of 9/11 Congressional Medal to: (1) the personal representative or next of kin of each individual who died as a direct result of the terrorist attacks of September 11, 2001; (2) the Flight 93 National Memorial Project in Pennsylvania; (3) the National September 11 Memorial and Museum in New York; and (4) the Pentagon Memorial Project. Instructs the Secretary of the Treasury to strike three designs of such medal to honor, respectively: (1) those who lost their lives in the the attack at the World Trade Center; (2) the passengers and crew aboard United Airlines Flight 93 that was brought down in rural Pennsylvania; and (3) those who lost their lives at the Pentagon. Directs the Secretary to strike bronze duplicates of such medal for presentation to each precinct house, firehouse, emergency response station, or other duty station or place of employment to which each early responder who perished as a direct result of such attacks was assigned on September 11, 2001.

A bill to provide for a medal of appropriate design to be awarded by the President to the next of kin or other representative of those individuals killed as a result of the terrorist attacks of September 11, 2001, and to the memorials established at the 3 sites that were attacked on that day.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986. (a) Short Title.--This Act may be cited as the ``Family Fairness Act''. (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. ADDITIONAL EARNED INCOME CREDIT FOR MARRIED INDIVIDUALS. (a) In General.--Paragraph (1) of section 32(a) (relating to earned income credit) is amended to read as follows: ``(1) In general.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of-- ``(A) in the case of an eligible individual, an amount equal to the credit percentage of so much of the taxpayer's earned income for the taxable year as does not exceed the earned income amount, and ``(B) in the case of an eligible married individual, the applicable percentage of $1,000.''. (b) Applicable Percentage.--Section 32(b) (relating to percentages and amounts) is amended by adding at the end the following new paragraph: ``(3) Applicable percentage.--The applicable percentage for any taxable year is equal to 100 percent reduced (but not below 0 percent) by 10 percentage points for each $1,000 (or fraction thereof) by which the taxpayer's earned income for such taxable year exceeds $16,000.''. (c) Eligible Married Individuals.--Section 32(c) (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(4) Eligible married individuals.--The term `eligible married individual' means an eligible individual-- ``(A) who is married (as defined in section 7703) and who has lived together with the individual's spouse at all times during such marriage during the taxable year, and ``(B) has earned income for the taxable year of at least $8,500.''. (d) Conforming Amendments.-- (1) Section 32(a)(2) is amended by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)''. (2) Section 32(j) is amended to read as follows: ``(j) Inflation Adjustments.-- ``(1) In general.--In the case of any taxable year beginning after the applicable calendar year, each dollar amount referred to in paragraph (2)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3), for the calendar year in which the taxable year begins, by substituting for `calendar year 1992' in subparagraph (B) thereof-- ``(i) `calendar year 1993' in the case of the dollar amounts referred to in paragraph (2)(B)(i), and ``(ii) `calendar year 1995' in the case of the dollar amounts referred to in paragraph (2)(B)(ii). ``(2) Definitions, etc.--For purposes of paragraph (1)-- ``(A) Applicable calendar year.--The term `applicable calendar year' means-- ``(i) 1994 in the case of the dollar amounts referred to in paragraph (2)(B)(i), and ``(ii) 1996 in the case of the dollar amounts referred to in paragraph (2)(B)(ii). ``(B) Dollar amounts.--The dollar amounts referred to in this subparagraph are-- ``(i) each dollar amount contained in subsection (b)(2)(A), and ``(ii) the $16,000 amount contained in subsection (b)(3) and the dollar amount contained in subsection (c)(4)(B). ``(3) Rounding.--If any dollar amount after being increased under paragraph (1) is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10 (or, if such dollar amount is a multiple of $5, such dollar amount shall be increased to the next higher multiple of $10).''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 3. EARNED INCOME CREDIT DENIED TO INDIVIDUALS NOT AUTHORIZED TO BE EMPLOYED IN THE UNITED STATES. (a) In General.--Section 32(c)(1) (relating to individuals eligible to claim the earned income tax credit) is amended by adding at the end the following new subparagraph: ``(F) Identification number requirement.--The term `eligible individual' does not include any individual who does not include on the return of tax for the taxable year-- ``(i) such individual's taxpayer identification number, and ``(ii) if the individual is married (within the meaning of section 7703), the taxpayer identification number of such individual's spouse.''. (b) Special Identification Number.--Section 32 is amended by adding at the end the following new subsection: ``(l) Identification Numbers.--Solely for purposes of paragraphs (1)(F) and (3)(D) of subsection (c), a taxpayer identification number means a social security number issued to an individual by the Social Security Administration (other than a social security number issued pursuant to clause (II) (or that portion of clause (III) that relates to clause (II)) of section 205(c)(2)(B)(i) of the Social Security Act).''. (c) Extension of Procedures Applicable to Mathematical or Clerical Errors.--Section 6213(g)(2) (relating to the definition of mathematical or clerical errors) is amended by striking ``and' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) an omission of a correct taxpayer identification number required under section 23 (relating to credit for families with younger children) or section 32 (relating to the earned income tax credit) to be included on a return.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 4. REPEAL OF EARNED INCOME CREDIT FOR INDIVIDUALS WITHOUT CHILDREN. (a) In General.--Subparagraph (A) of section 32(c)(1) (defining eligible individual) is amended to read as follows: ``(A) In general.--The term `eligible individual' means any individual who has a qualifying child for the taxable year.''. (b) Conforming Amendments.--Each of the tables contained in paragraphs (1) and (2) of section 32(b) are amended by striking the items relating to no qualifying children. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 5. RULES RELATING TO DENIAL OF EARNED INCOME CREDIT ON BASIS OF DISQUALIFIED INCOME. (a) Definition of Disqualified Income.--Paragraph (2) of section 32(i) (defining disqualified income) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'' and by adding at the end the following new subparagraphs: ``(D) capital gain net income, ``(E) the excess (if any) of-- ``(i) the aggregate income from all passive activities for the taxable year (determined without regard to any amount described in a preceding subparagraph), over ``(ii) the aggregate losses from all passive activities for the taxable year (as so determined), and ``(F) amounts includible in gross income under section 652 or 662 for the taxable year to the extent not taken into account under any preceding subparagraph. For purposes of subparagraph (E), the term `passive activity' has the meaning given such term by section 469.''. (b) Decrease in Amount of Disqualified Income Allowed.--Paragraph (1) of section 32(i) (relating to denial of credit) is amended by striking ``$2,350'' and inserting ``$1,000''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 6. MODIFICATION OF ADJUSTED GROSS INCOME DEFINITION FOR EARNED INCOME CREDIT. (a) In General.--Subparagraph (B) of section 32(a)(2) (relating to limitation) is amended by striking ``adjusted gross income'' and inserting ``modified adjusted gross income''. (b) Modified Adjusted Gross Income Defined.--Section 32(c) (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(5) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income, increased by the sum of-- ``(A) social security benefits (as defined in section 86(d)) received to the extent not includible in gross income, ``(B) amounts received by (or on behalf of) a spouse pursuant to a divorce or separation instrument (as defined in section 71(b)(2)) which, under the terms of the instrument, are fixed as payable for the support of the children of the payor spouse (as determined under section 71(c)), ``(C) interest received or accrued during the taxable year which is exempt from tax imposed by this chapter, and ``(D) any amount received by a participant or beneficiary under a qualified retirement plan (as defined in section 4974(c)) to the extent not includible in gross income. Subparagraph (D) shall not apply to any amount received if the recipient transfers such amount in a rollover contribution described in section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3).'' (c) Study.--The Secretary of the Treasury shall conduct a study of the Federal tax treatment of child support payments to determine whether or not changes in such treatment are necessary. The Secretary shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives the results of the study, including recommendations (if any) which the Secretary determines appropriate to encourage payment of child support liabilities by parents and to make both parents more responsible for a child's economic well-being. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 7. EARNED INCOME CREDIT NOT ALLOWED UNTIL RECEIPT OF EMPLOYER'S WITHHOLDING STATEMENT. (a) In General.--Section 6401(b) (relating to excessive credits treated as overpayments) is amended by adding at the end the following new paragraph: ``(3) Special rule for earned income credit.--For purposes of paragraph (1), the earned income credit allowed under section 32 shall not be treated as a credit allowable under subpart C of part IV of subchapter A of chapter 1 unless the Secretary is able to verify the amount of such credit by comparing it with-- ``(A) information returns filed with the Secretary under section 6051(d) by employees of the individual claiming the credit, ``(B) self-employment tax returns filed with the Secretary under section 6017, or ``(C) both. The preceding sentence shall apply to any advanced payment of the earned income credit under section 3507.'' (b) Effective Date; Study.-- (1) In general.--The amendment made by this section shall apply to taxable years beginning after December 31, 1996. (2) Study.--The Secretary of the Treasury shall conduct a study to determine the delays (if any) which would result in the processing of Federal income tax returns by reason of the amendment made by this section. Not later than 1 year after the date of the enactment of this Act, the Secretary shall report the results of the study to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, including recommendations (if any) on ways to shorten any delay. SEC. 8. PREVENTION OF FRAUD IN ELECTRONIC RETURNS. (a) In General.--The Secretary of the Treasury shall provide that any person applying to be an electronic return originator on or after the date of the enactment of this Act shall not be approved unless the applicant provides fingerprints and credit information to the satisfaction of the Secretary. (b) Past Applicants.--The Secretary of the Treasury shall apply the requirements described in subsection (a) to electronic return originators whose applications were approved before the date of the enactment of this Act without fingerprints and credit check information being provided.

Family Fairness Act - Amends the Internal Revenue Code to replace current provisions allowing an earned income tax credit with provisions allowing an earned income credit for an eligible individual and for an eligible married individual. Mandates inflation increases. Defines "eligible individual," for earned income credit (EIC) provisions, to exclude any individual who does not include on his or her return their taxpayer identification number (TIN) and, if married, the TIN of their spouse. Adds to the definition of "mathematical or clerical error," for provisions relating to restrictions applicable to deficiencies and petitions to Tax Court, references to omission of a TIN required by provisions relating to credit for families with younger children or to the EIC. Removes individuals without children from eligibility for the EIC. Adds to the types of income that, if their aggregate exceeds a specified amount, will deny EIC: (1) capital gain net income; (2) certain income from passive activities; and (3) amounts includible in gross income under provisions relating to beneficiaries of estates and trusts. Lowers the aggregate limit. Modifies the definition of adjusted gross income for purposes of the maximum limit on EIC. Mandates a study and report to specified congressional committees on the Federal tax treatment of child support payments to determine whether changes are necessary. Prohibits considering EIC as an allowable credit, for provisions requiring that excess credits be considered overpayments, unless the EIC can be verified by comparing it with information returns filed by employees of the individual claiming the credit or with self-employment returns. Applies this paragraph to any advanced payment of the EIC under specified provisions. Mandates a study and report to specified congressional committees on the delays (if any) that would result in the processing of Federal income tax returns because of the amendment made by this paragraph. Prohibits approving the application of any person to be an electronic return originator unless the applicant provides fingerprints and credit information. Applies these requirements to originators whose applications were approved before enactment of this Act.

Family Fairness Act

SECTION 1. LEASES OF NAVAJO INDIAN ALLOTTED LANDS. (a) Definitions.--In this section: (1) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (2) Individually owned navajo indian allotted land.--The term ``individually owned Navajo Indian allotted land'' means Navajo Indian allotted land that is owned in whole or in part by 1 or more individuals. (3) Navajo indian.--The term ``Navajo Indian'' means a member of the Navajo Nation. (4) Navajo indian allotted land.--The term ``Navajo Indian allotted land'' means a single parcel of land that-- (A) is located within the jurisdiction of the Navajo Nation; and (B)(i) is held in trust or restricted status by the United States for the benefit of Navajo Indians or members of another Indian tribe; and (ii) was-- (I) allotted to a Navajo Indian; or (II) taken into trust or restricted status by the United States for a Navajo Indian. (5) Owner.--The term ``owner'' means, in the case of any interest in land described in paragraph (4)(B)(i), the beneficial owner of the interest. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Approval by the Secretary.-- (1) In general.--The Secretary may approve an oil or gas lease or agreement that affects individually owned Navajo Indian allotted land, if-- (A) the owners of not less than the applicable percentage (determined under paragraph (2)) of the undivided interest in the Navajo Indian allotted land that is covered by the oil or gas lease or agreement consent in writing to the lease or agreement; and (B) the Secretary determines that approving the lease or agreement is in the best interest of the owners of the undivided interest in the Navajo Indian allotted land. (2) Percentage interest.--The applicable percentage referred to in paragraph (1)(A) shall be determined as follows: (A) If there are 10 or fewer owners of the undivided interest in the Navajo Indian allotted land, the applicable percentage shall be 100 percent. (B) If there are more than 10 such owners, but fewer than 51 such owners, the applicable percentage shall be 80 percent. (C) If there are 51 or more such owners, the applicable percentage shall be 60 percent. (3) Authority of secretary to sign lease or agreement on behalf of certain owners.--The Secretary may give written consent to an oil or gas lease or agreement under paragraph (1) on behalf of an individual Indian owner if-- (A) the owner is deceased and the heirs to, or devisees of, the interest of the deceased owner have not been determined; or (B) the heirs or devisees referred to in subparagraph (A) have been determined, but 1 or more of the heirs or devisees cannot be located. (4) Effect of approval.-- (A) Application to all parties.-- (i) In general.--Subject to subparagraph (B), an oil or gas lease or agreement approved by the Secretary under paragraph (1) shall be binding on the parties described in clause (ii), to the same extent as if all of the owners of the undivided interest in Navajo Indian allotted land covered under the lease or agreement consented to the lease or agreement. (ii) Description of parties.--The parties referred to in clause (i) are-- (I) the owners of the undivided interest in the Navajo Indian allotted land covered under the lease or agreement referred to in clause (i); and (II) all other parties to the lease or agreement. (B) Effect on indian tribe.--If-- (i) an Indian tribe is the owner of a portion of an undivided interest in Navajo Indian allotted land; and (ii) an oil or gas lease or agreement under paragraph (1) is otherwise applicable to such portion by reason of this subsection even though the Indian tribe did not consent to the lease or agreement, then the lease or agreement shall apply to such portion of the undivided interest (including entitlement of the Indian tribe to payment under the lease or agreement), but the Indian tribe shall not be treated as a party to the lease or agreement and nothing in this subsection (or in the lease or agreement) shall be construed to affect the sovereignty of the Indian tribe. (5) Distribution of proceeds.-- (A) In general.--The proceeds derived from an oil or gas lease or agreement that is approved by the Secretary under paragraph (1) shall be distributed to all owners of the undivided interest in the Navajo Indian allotted land covered under the lease or agreement. (B) Determination of amounts distributed.--The amount of the proceeds under subparagraph (A) distributed to each owner under that subparagraph shall be determined in accordance with the portion of the undivided interest in the Navajo Indian allotted land covered under the lease or agreement that is owned by that owner.

Authorizes the Secretary of the Interior to approve any oil or gas lease or agreement that affects individually owned Navajo Indian allotted land if: (1) the owners of no less than the specified applicable percentage of the undivided interest in the Navajo Indian allotted land that is covered by the oil or gas lease or agreement consent in writing; and (2) the Secretary determines that approving the lease or agreement is in the best interest of the owners. Specifies the applicable percentage as: (1) 100 percent if there are ten or fewer owners; (2) 80 percent if there are ten to 50 owners; and (3) 60 percent if there are more than 50 owners. Authorizes the Secretary to give written consent to such an oil or gas lease or agreement on behalf of an individual Indian owner if: (1) the owner is deceased and the heirs to the interest have not been determined; or (2) the heirs have been determined but one or more cannot be located. Provides that: (1) an oil or gas lease or agreement approved under this Act shall be binding on all owners of interest in the Navajo Indian allotted land and all parties to the lease or agreement to the same extent as if all of the owners had consented to the lease or agreement; and (2) an approved lease or agreement shall apply to any portion of the undivided interest in allotted lands held by an Indian tribe even though the tribe did not consent. Provides for the distribution of proceeds derived from the lease or agreement to all owners of the undivided interest in the covered land in accordance with the portion of the undivided interest owned.

A bill to permit the leasing of oil and gas rights on certain lands held in trust for the Navajo Nation or allotted to a member of the Navajo Nation, in any case in which there is consent from a specified percentage interest in the parcel of land under consideration for lease.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Development for Educators Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Through careful development, teachers can build their effectiveness over time, thus improving student achievement. (2) Ongoing professional development of teachers in the subjects they teach is essential for improved student learning. (3) United States teachers generally spend more time instructing students and less time in professional learning opportunities with their peers than teachers in top-performing countries. (4) It takes time, resources, and support for teachers to become highly effective in their classrooms. Teachers participating in quality teacher professional development must be given time to implement what they have learned. SEC. 3. PROFESSIONAL DEVELOPMENT FOR EDUCATORS. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``PART E--PROFESSIONAL DEVELOPMENT FOR EDUCATORS ``SEC. 2501. DEFINITIONS. ``In this part: ``(1) Eligible partner.--The term `eligible partner' means an entity that-- ``(A) has demonstrated expertise in improving student outcomes or teacher effectiveness; and ``(B) is-- ``(i) a State or local government agency; ``(ii) a State or local economic development agency; ``(iii) a statewide industry organization; ``(iv) a nonprofit organization; ``(v) a philanthropic organization; ``(vi) an institution of higher education; ``(vii) an industry association; or ``(viii) any other organization determined appropriate by the State or, in the case of grants awarded under section 2502(d), the Secretary. ``(2) Quality professional development.--The term `quality professional development' shall, for each State and local educational agency in a State, have the meaning given the term by the State in accordance with section 2503(b)(1). ``SEC. 2502. PROGRAM AUTHORIZED; ALLOTMENTS. ``(a) Program Authorized.--From amounts appropriated to carry out this part and not reserved under subsection (b), the Secretary shall make allotments in accordance with subsection (c) to States to enable the States to award subgrants to local educational agencies for the purpose of providing professional development activities to educators. ``(b) Reservation.--From the amounts appropriated to carry out this part, the Secretary may reserve-- ``(1) not more than 1 percent for national activities that support the purposes of this part, such as providing technical assistance and the costs of administering this part; and ``(2) not more than 1 percent for payments to outlying areas and the Bureau of Indian Education, to be distributed in amounts determined by the Secretary based on relative need, to carry out the activities described in this part to benefit the schools served by the outlying areas and schools operated or funded by the Bureau. ``(c) State Allotments.-- ``(1) Formula determination.--For each fiscal year, the Secretary shall allot, to each State with an approved application, an amount that bears the same relation to the amount appropriated to carry out this part and not reserved under subsection (b) for such fiscal year, as the amount the State received under subpart 2 of part A of title I for the preceding fiscal year bears to the amounts received by all States with approved applications under such subpart for the preceding fiscal year. ``(2) Minimum grant amount.--Notwithstanding paragraph (1), no State shall receive an allotment under such paragraph for a fiscal year that is less than one-half of 1 percent of the amount appropriated to carry out this part and not reserved under subsection (b) for such fiscal year. ``(d) Allotments to Certain Local Educational Agencies.-- ``(1) In general.--If a State does not submit an approvable application under this part for a fiscal year, the Secretary shall use the State's allotment under subsection (c) for the fiscal year to award an allotment described in paragraph (2) to each local educational agency within the State that submits an approved application. ``(2) Amount of allotment.--The allotment to a local educational agency under this subsection for a fiscal year shall be the amount that bears the same relation to the total amount of the State's allotment for such fiscal year as the amount the local educational agency received under subpart 2 of part A of title I for the preceding fiscal year bears to the amount that all local educational agencies with approved applications in the State received under such subpart for such year. ``(3) Notification and application process.--The Secretary shall notify local educational agencies in a State described in paragraph (1) of the opportunity to apply for funds under this part and of the application requirements. A local educational agency's application for an allotment under this subsection shall include the information described in paragraphs (1) and (2) of section 2504(b) and shall be submitted at such time, in such manner, and containing such other information as required by the Secretary. ``(4) Rules and requirements.--The requirements of subsections (a), (c), and (d) of section 2504 shall apply to a local educational agency receiving an allotment under this subsection in the same manner as such requirements apply to a local educational agency receiving an allocation under such section. A local educational agency receiving an allotment under this subsection shall submit an annual report to the Secretary regarding the progress made under the grant and the activities carried out with grant funds. ``(e) Application.--A State desiring an allotment under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``SEC. 2503. STATE USE OF FUNDS. ``(a) In General.--A State that receives an allotment under this part shall-- ``(1) carry out the State activities described in subsection (b), except that the State may not use not more than 20 percent of the State's allotment for this purpose; and ``(2) use not less than 80 percent of the State's allotment to award subgrants, on a competitive basis or through allocations based on a formula that the State determines will best meet the needs of this part, to local educational agencies under section 2504 to enable the local educational agencies to carry out the activities described in such section. ``(b) State Activities.--A State that receives an allotment under this part shall use funds described in subsection (a)(1) to carry out all of the following: ``(1) Develop, in collaboration with the local educational agencies in the State and with the input of teachers and principals employed by the local educational agencies, a definition of, and the criteria for, quality professional development activities, which shall include a requirement that such activities are regularly evaluated for their impact on increasing teacher effectiveness and improving student achievement. ``(2) Design and implement methods for evaluating quality professional development activities occurring in the State. ``(3) Make recommendations, to the State educational agency and to local educational agencies, to improve quality professional development activities in the State. ``(4) Design and maintain a registry that is an electronic and searchable method of storing information regarding quality professional development activities. The registry shall be searchable by relevant criteria, including-- ``(A) subject matter; ``(B) grade level; ``(C) location; ``(D) credits, credentials, or certificates that may be earned; and ``(E) entity providing the activity. ``(5) Hire regional professional development coordinators to work as liaisons between the State and local educational agencies to assess existing professional development activities, assist in creating new quality professional development activities, provide to the State the quality professional development activities to be included in the registry described in paragraph (4), and carry out other activities to further the purposes of this part. ``(6) Evaluate the professional development activities available in the State. ``(7) Prepare, and submit to the Secretary, an annual report regarding the progress made under the grant under this part, including the activities carried out by the State educational agency and the local educational agencies in the State with grant funds. ``SEC. 2504. LOCAL EDUCATIONAL AGENCY USE OF FUNDS. ``(a) In General.--A local educational agency that receives a subgrant under this part shall use subgrant funds to carry out the activities described in subsection (c). ``(b) Application.--A local educational agency desiring a subgrant under this part shall submit an application to the State at such time, in such manner, and containing such information as the State may reasonably require. Each application shall include-- ``(1) a description of any eligible partners with which the local educational agency will work to carry out the subgrant activities; and ``(2) a description of how the local educational agency will meet the requirement of subsection (c)(1)(B). ``(c) Use of Funds.-- ``(1) Mandatory uses of funds.--Each local educational agency receiving a subgrant under this part shall-- ``(A) use grant funds to provide information to the State regarding available quality professional development activities for inclusion in the statewide registry described in section 2503(b)(4); and ``(B) dedicate not less than 25 percent of the subgrant funds for quality professional development activities that involve science, technology, engineering, mathematics, and career and technical education. ``(2) Permissive uses of funds.--A local educational agency receiving a subgrant under this part may, in addition to the activities described in paragraph (1), use grant funds to-- ``(A) carry out quality professional development activities, as defined by the State under section 2503(b)(1); ``(B) provide updated information to teachers on changes in curricula, assessments, and educational research; ``(C) provide mentors to teachers or principals; ``(D) provide information on leadership opportunities; ``(E) create local educational agency-wide and school-based quality professional development plans that emphasize multiple grade levels; ``(F) develop new quality professional development activities to meet local and regional needs; ``(G) establish systematic quality professional development training opportunities for teachers and principals; ``(H) evaluate professional development activities; ``(I) evaluate the professional development activities currently being offered in the region; and ``(J) carry out other activities approved by the State. ``SEC. 2505. SUPPLEMENT NOT SUPPLANT. ``Funds made available under this part shall be used to supplement, and not supplant, other Federal, State, and local funds available to carry out the activities supported under this part. ``SEC. 2506. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years.''. (b) Conforming Amendments.--The table of contents of section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2441 the following: ``Part E--Professional Development for Educators ``Sec. 2501. Definitions. ``Sec. 2502. Program authorized. ``Sec. 2503. State use of funds. ``Sec. 2504. Local educational agency use of funds. ``Sec. 2505. Supplement not supplant. ``Sec. 2506. Authorization of appropriations.''.

Professional Development for Educators Act of 2013 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct the Secretary of Education to allot grants to states and, through them, award or allot subgrants to local educational agencies (LEAs) to provide professional development to educators. Makes each state's allotment equivalent to its share of school improvement funds under part A of title I of the ESEA. Requires states to use a portion of their allotment to: establish the criteria for quality professional development activities, which must include the requirement that those activities are regularly assessed on the basis of their impact on teacher effectiveness and student achievement; design and implement methods for evaluating quality professional development activities; make recommendations for improving those activities; design and maintain an electronic, searchable, statewide registry of quality professional development activities; hire regional professional development coordinators to work as liaisons between the state and LEAs regarding those activities; evaluate professional development activities; and submit annual reports to the Secretary regarding the progress they make under the grant program. Requires LEAs to use their subgrants to: (1) inform their states of quality professional development activities that are available for inclusion in the statewide registry; and (2) dedicate at least 25% of each subgrant to quality professional development activities that involve science, technology, engineering, mathematics, and career and technical education.

Professional Development for Educators Act of 2013

SECTION 1. SHORT TITLE; REFERENCE. This Act may be cited as the ``Dietary Supplement Consumer Protection Act of 1993''. (b) Reference.--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 Federal Food, Drug, and Cosmetic Act SEC. 2. DEFINITIONS. Section 201 (21 U.S.C. 321) is amended by adding at the end the following: ``(gg) The term `dietary supplement' means an article that is-- ``(1) intended to supplement the diet, ``(2) is, or contains, a vitamin, mineral, or an herb or similar nutritional substance, including a concentrate or extract of a vitamin, mineral, or other nutritional substance, and ``(3)(A) is intended for ingestion in a form described in paragraph (1)(B)(i) or (2) of section 411(c) or in another similar form, or ``(B) complies with section 411(c)(1)(B)(ii). ``(hh) The term `dietary ingredient' means a vitamin, mineral, or herb or other similar nutritional substance the intended use of which results, or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any dietary supplement.''. SEC. 3. DEFINITIONS AND STANDARDS OF IDENTITY. Section 401 (21 U.S.C. 341) is amended-- (1) in the first sentence, by inserting ``or dietary supplement'' after ``establishing for any food'', and (2) in the fourth sentence, by inserting ``or dietary supplement'' after ``any food'' and by inserting ``or dietary supplements'' after ``class of food''. SEC. 4. ADULTERATION. Section 402 (21 U.S.C. 342) is amended-- (1) by inserting ``or dietary supplement'' after ``food'' before paragraph (a), and (2) by adding at the end the following: ``(f) If it is a dietary supplement and it is, or contains, any dietary ingredient which is unsafe within the meaning of section 413. ``(g) If it is a dietary supplement and it does not meet the quality factor requirements prescribed by the Secretary under this paragraph. The Secretary shall, by regulation, establish requirements for quality factors for dietary supplements as appropriate. ``(h)(1) If it is a dietary supplement and the processing of such dietary supplement is not in compliance with the good manufacturing practices and the quality control procedures established by the Secretary under subparagraph (2). ``(2) The Secretary shall, by regulation, establish good manufacturing practices for dietary supplements, including quality control procedures that the Secretary determines are necessary to assure that a dietary supplement-- ``(A) provides the vitamin, mineral, or herb or other nutritional substance it claims to provide in its label or labeling, and ``(B) is manufactured in a manner designed to prevent adulteration.''. SEC. 5. MISBRANDING. Section 403 (21 U.S.C. 343) is amended-- (1) by inserting ``or dietary supplement'' after ``food'' before paragraph (a), (2) in paragraph (a)(2), by inserting ``or dietary supplement'' after ``food'', (3) in paragraph (b), by inserting ``or dietary supplement'' after ``another food'', (4) in paragraph (g), by inserting ``or dietary supplement'' after ``food'' each place it occurs, (5) in paragraph (h), by inserting ``or dietary supplement'' after ``food'' each place it occurs, (6) in paragraph (i)(1), by inserting ``or dietary supplement'' after ``food'', (7) in paragraph (r)(1), by inserting ``or dietary supplement'' after ``food'' each place it occurs and by inserting ``or dietary ingredient'' after ``nutrient'' each place it occurs, (8) in paragraph (r)(1)(B), by inserting ``or any dietary supplement'' after ``food'' and by striking out ``or (5)(D)'', (9) in paragraph (r)(3)(A)(ii), by inserting ``or dietary supplement'' after ``food'' each place it occurs and by inserting ``or dietary ingredient'' after ``nutrient'', (10) in paragraph (r)(3)(B)(ii)(I), by inserting ``or dietary supplements'' after ``food'' and by inserting ``or dietary ingredient'' after ``(q)(2)'', (11) in paragraph (r)(3)(B)(ii)(II), by inserting ``or dietary ingredient'' after ``nutrient'', (12) in paragraph (r)(5), by striking out clause (D), and (13) by adding at the end the following: ``(s) If it is a dietary supplement, unless its label and labeling contain the date after which it should no longer be consumed as prescribed by the Secretary by regulation. ``(t) If it is a dietary supplement, unless its label and labeling contain, where appropriate, a statement regarding possible adverse effects as prescribed by the Secretary by regulation. Such a statement shall indicate the level, if any, at which a dietary supplement can cause adverse effects and the specific nature of any adverse effects and shall identify segments of the population, including the elderly and children, that may be affected.''. SEC. 6. SAFETY PROVISIONS AND NOTIFICATION REQUIREMENTS FOR DIETARY INGREDIENTS. Subchapter IV of chapter 4 is amended by adding at the end the following: ``dietary ingredients safety ``Sec. 413. (a) A dietary ingredient shall, with respect to any particular or intended use of such ingredient, be deemed unsafe for the purposes of section 402(f) unless-- ``(1) there is in effect, and it and its use or intended use are in conformity with, a regulation issued under this section prescribing the conditions under which such dietary ingredient may be safely used, ``(2) such ingredient is generally recognized, among experts qualified by adequate training and experience to evaluate its safety, as having been adequately shown through scientific procedures to be safe under the conditions of its intended use, or ``(3) in the case of a dietary ingredient in use in a dietary supplement before August 5, 1993, it has been adequately shown, through either scientific procedures or experience based on common use in a dietary supplement, to be safe under the conditions of its intended use pending completion of the review required by subsection (f). ``(b) Any person may with respect to any intended use of a dietary ingredient file with the Secretary a petition proposing the issuance of a regulation prescribing the conditions under which such ingredient may be safely used. The Secretary shall by regulation establish requirements for petitions submitted under this subsection. ``(c) The Secretary shall by order-- ``(1) establish a regulation (whether or not in accord with the regulation proposed by the petitioner) prescribing, with respect to one or more proposed uses of the dietary ingredient involved, the conditions under which such ingredient may be safely used, including specifications as to the-- ``(A) particular dietary supplement or classes of dietary supplements in which such ingredient may be used, ``(B) the maximum quantity which may be used or permitted in the dietary supplement, ``(C) the manner in which such ingredient may be added to or used in the dietary supplement, and ``(D) any directions or other labeling or packaging requirements for such ingredient deemed necessary by the Secretary to assure the safety of its use, and notify the petitioner of such order and the reasons for it, or ``(2) deny the petition and notify the petitioner of such order and the reasons for it. ``(d) The Secretary may at any time, upon the Secretary's own initiative, propose the issuance of a regulation prescribing, with respect to any particular use of a dietary ingredient, the conditions under which such ingredient may be safely used and the reasons therefor. ``(e) Each person who proposes to begin the introduction or delivery into interstate commerce of a dietary ingredient that it determines to be subject to subsection (a)(2) shall, at least 90 days before making such introduction or delivery, notify the Secretary, in such form and manner as the Secretary shall by regulation prescribe, of such introduction or delivery. ``(f) The Secretary shall commence a safety review of those dietary ingredients subject to subsection (a)(3) within 60 days of the date of the enactment of this section.''. ``notification ``Sec. 414. If the manufacturer, distributor, or retailer of a dietary supplement or ingredient has knowledge which reasonably supports the conclusion that a dietary supplement or ingredient may be adulterated or misbranded, such manufacturer, distributor, or retailer shall promptly notify the Secretary of such knowledge.''. SEC. 7. ADVISORY COMMITTEE. The Secretary of Health and Human Services shall establish an advisory committee, in accordance with the Federal Advisory Committee Act, to assist in the implementation of the amendments made by this Act. SEC. 8. RESEARCH. (a) Establishment.--The Director of the National Institutes of Health shall expand and intensify programs with respect to research and related activities regarding dietary supplements. (b) Authorization of Appropriations.--For the purpose of carrying out subsection (a), there are authorized to be appropriated $10,000,000 for fiscal year 1994 and such sums as may be necessary for each of the fiscal years 1995 through 1997.

Dietary Supplement Consumer Protection Act of 1993 - Amends the Federal Food, Drug, and Cosmetic Act to define the terms "dietary supplement" and "dietary ingredient." Includes dietary supplement within the definition and standards for food. Provides for the establishment of an advisory committee to assist in the implementation of this Act. Directs the Director of the National Institutes of Health to expand research programs related to dietary supplements. Authorizes appropriations.

Dietary Supplement Consumer Protection Act of 1993

SECTION 1. EXTENSION OF LEGISLATIVE AUTHORITY FOR MEMORIAL ESTABLISHMENT. (a) In General.--The legislative authority for each of the following groups to establish a commemorative work (as defined by Public Law 99-652, as amended) shall expire at the end of the 10-year period beginning on the date of enactment of such authority for the respective commemorative work, notwithstanding the time period limitation specified in section 10(b) of that Public Law: (1) The Black Revolutionary War Patriots Foundation. (2) The Women in Military Service for America Memorial Foundation. (3) The National Peace Garden. (b) Name Change.--(1) The Congress finds that the Peace Garden Project, Incorporated, has changed its name to the National Peace Garden. (2) Any reference in a law, map, regulation, document, paper, or other record of the United States to the entity referred to in paragraph (1) shall be deemed to be a reference to the National Peace Garden. SEC. 2. COMMEMORATIVE WORKS ACT AMENDMENTS. (a) Definitions.--(1) Section 2(c) of the Act entitled ``An Act to provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes'' (40 U.S.C. 1002(c)) is amended-- (A) by inserting ``plaque, inscription,'' after ``memorial,''; (B) by striking out ``a person'' and inserting in lieu thereof ``an individual''; and (C) by inserting ``American'' before ``history''. (2) Section 2(d) of such Act (40 U.S.C. 1002(d)) is amended by striking ``an individual, group or organization'' and inserting ``a public agency, and an individual, group or organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, and which is''. (b) Authorization.--Section 3 of such Act (40 U.S.C. 1003) is amended as follows: (1) In subsection (a), by inserting ``on Federal lands referred to in section 1(d)'' after ``established''. (2) By redesignating subsection (b) as subsection (d) and inserting after subsection (a) the following new subsections: ``(b) A military commemorative work may be authorized only to commemorate a war or similar major military conflict or to commemorate any branch of the Armed Forces. No commemorative work commemorating a lesser conflict or a unit of an Armed Force shall be authorized. Commemorative works to a war or similar major military conflict shall not be authorized until at least 10 years after the officially designated end of the event. ``(c) A commemorative work commemorating an event, individual, or group of individuals, other than a military commemorative work as described in subsection (b) of this section, shall not be authorized until after the 25th anniversary of the event, death of the individual, or death of the last surviving member of the group.''. (c) Specific Conditions Applicable to Areas I and II.--Section 6 of such Act (40 U.S.C. 1006) is amended to read as follows: ``specific conditions applicable to area i and area ii ``Sec. 6. (a) Area I.--The Secretary or Administrator (as appropriate) may, after seeking the advice of the National Capital Memorial Commission, recommend the location of a commemorative work in Area I only if the Secretary or Administrator (as appropriate) determines that the subject of the commemorative work is of preeminent historical and lasting significance to the Nation. The Secretary or Administrator (as appropriate) shall notify the National Capital Memorial Commission and the committees of Congress specified in section 3(b) of the recommendation by the Secretary or Administrator (as appropriate) that a commemorative work should be located in Area I. The location of a commemorative work in Area I shall be deemed not authorized, unless, not later than 150 calendar days after such notification, the recommendation is approved by law. ``(b) Area II.--Commemorative works of subjects of lasting historical significance to the American people may be located in Area II.''. (d) Site and Design Approval.--Section 7 of such Act (40 U.S.C. 1007) is amended-- (1) in the matter preceding paragraph (1) of subsection (a), by striking out ``commencing construction of the commemorative work'' and inserting in lieu thereof ``requesting the permit for the construction of the commemorative work''; (2) in paragraph (1) of subsection (a)-- (A) by inserting ``the selection of alternative sites and designs for'' after ``regarding''; and (B) by striking out the second sentence; (3) in paragraph (2) of subsection (a), by striking out ``and the Secretary or Administrator (as appropriate)''; and (4) in the matter preceding paragraph (1) of subsection (b), by inserting ``(but not limited by)'' after ``guided by''. (e) Criteria for Issuance of Construction Permit.--(1) Section 8(a)(3) of such Act (40 U.S.C. 1008(a)(3)) is amended by striking out ``contracts for construction and drawings'' and inserting in lieu thereof ``contract documents for construction''. (2) Section 8 of such Act (40 U.S.C. 1008) is amended by adding at the end the following: ``(c)(1) The Secretary or the Administrator (as appropriate) may suspend any activity under the authority of this Act with respect to the establishment of a commemorative work if the Secretary or Administrator determines the fundraising efforts with respect to the commemorative work have misrepresented an affiliation with the commemorative work or the United States. ``(2) The person shall be required to submit to the Secretary or Administrator an annual report of operations, including financial statements audited by an independent certified public accountant, paid for by the person authorized to construct the commemorative work.''. (f) Temporary Site Designation.--Section 9(a) of such Act (40 U.S.C. 1009(a)) is amended by striking out ``he may designate such a site on lands administered by him'' and inserting in lieu thereof ``a site may be designated on lands administered by the Secretary''. (g) Miscellaneous Provisions.--Section 10(d) of such Act (40 U.S.C. 1010(d)) is amended to read as follows: ``(d) The Secretary and the Administrator shall develop appropriate regulations or standards to carry out this Act.''. (h) Short Title.--Such Act is amended by adding at the end the following new section: ``short title ``Sec. 11. This Act may be cited as the `Commemorative Works Act'.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Commemorative Works Act - Extends the authorization of the following entities to establish a memorial on Federal land in the District of Columbia to: (1) October 27, 1996, for the Black Revolutionary War Patriots; (2) November 6, 1999, for the Women in Military Service for America Memorial Foundation; and (3) June 30, 1997, for the National Peace Garden. Deems any reference in a record of the United States to the Peace Garden Project, Inc., to be a reference to the National Peace Garden. Changes the definition of "commemorative works" to include a plaque or inscription. Requires such works to be significant in American history (currently, history). Defines "person" to mean a public agency, an individual, group, or organization that is tax-exempt. Prohibits commemorative works from being established on Federal lands administered by the National Park Service and the General Services Administration located in Areas I and II in the District of Columbia or its environs without congressional authorization. Authorizes a military commemorative work only to honor a major conflict (war) or military branch. Prohibits the authorization of a commemorative work that honors a lesser conflict or an armed forces unit. Provides that commemorative works honoring: (1) a major conflict (war) shall not be authorized until at least ten years after the officially designated end of the event; and (2) a nonmilitary event, individual, or group of individuals shall not be authorized until after the 25th anniversary of the event or death of the individual(s). Authorizes the Secretary of the Interior or the Administrator of General Services (as appropriate) to suspend any activity with respect to the establishment of a commemorative work if the Secretary or Administrator determines the fund raising efforts regarding the commemorative work have misrepresented an affiliation with the commemorative work or the United States. Requires a person authorized to construct the commemorative work to submit annually to the Secretary and the Administrator an operations report, including financial statements audited by an independent certified public accountant, paid for by the individual.

Commemorative Works Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Equity and Access under the Law for Immigrant Women and Families Act of 2017'' or as the ``HEAL for Immigrant Women and Families Act of 2017''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) Insurance coverage reduces harmful health disparities by alleviating cost barriers to and increasing utilization of basic preventive health services, especially among low-income and underserved populations, and especially among women. (2) Based solely on their immigration status, many immigrants and their families face legal restrictions on their ability to obtain health insurance coverage through Medicaid, CHIP, and Health Insurance Exchanges. (3) Lack of health insurance contributes to persistent disparities in the prevention, diagnosis, and treatment of negative health outcomes borne by immigrants and their families. (4) Immigrant women are disproportionately of reproductive age, low-income, and lacking health insurance coverage. Legal barriers to affordable health insurance coverage therefore particularly exacerbate their risk of negative sexual, reproductive, and maternal health outcomes, with lasting health and economic consequences for immigrant women, their families, and society as a whole. (5) Denying coverage or imposing waiting periods for coverage unfairly hinders the ability of immigrants to take responsibility for their own health and economic well-being and that of their families. To fully and productively participate in society, access to health care is fundamental, which for women includes access to the services necessary to plan whether and when to have a child. (6) The population of immigrant families in the United States is expected to continue to grow. Indeed one in four children in the United States is part of an immigrant family. It is therefore in the Nation's shared public health and economic interest to remove legal barriers to affordable health insurance coverage based on immigration status. (7) Although Deferred Action for Childhood Arrivals (DACA) recipients are authorized to live and work in the United States, they have been unfairly excluded from the definition of lawfully present and lawfully residing for purposes of health insurance coverage by the Department of Health and Human Services, including Medicaid and the Children's Health Insurance Program (CHIP). (8) Immigration law is constantly evolving and new immigration categories for individuals with federally authorized presence in the United States may be created. (b) Purpose.--It is the purpose of this Act to ensure that all individuals who are granted federally authorized presence are treated as being lawfully present in the United States for purposes of eligibility under all federally funded health care programs. SEC. 3. REMOVING BARRIERS TO HEALTH COVERAGE FOR LAWFULLY PRESENT INDIVIDUALS. (a) Medicaid.--Section 1903(v)(4) of the Social Security Act (42 U.S.C. 1396b(v)(4)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Notwithstanding sections 401(a), 402(b), 403, and 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, payment shall be made under this section for care and services that are furnished to aliens, including those described in paragraph (1), if they otherwise meet the eligibility requirements for medical assistance under the State plan approved under this title (other than the requirement of the receipt of aid or assistance under title IV, supplemental security income benefits under title XVI, or a State supplementary payment), and are lawfully present in the United States (including such an individual who is granted deferred action or other federally authorized presence other than as a nonimmigrant).''; (2) in subparagraph (B)-- (A) by striking ``a State that has elected to provide medical assistance to a category of aliens under subparagraph (A)'' and inserting ``aliens provided medical assistance pursuant to subparagraph (A)''; and (B) by striking ``to such category'' and inserting ``to such alien''; and (3) in subparagraph (C)-- (A) by striking ``an election by the State under subparagraph (A)'' and inserting ``the application of subparagraph (A)''; (B) by inserting ``or be lawfully present'' after ``lawfully reside''; and (C) by inserting ``or present'' after ``lawfully residing'' each place it appears. (b) CHIP.--Subparagraph (M) of section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended to read as follows: ``(M) Paragraph (4) of section 1903(v) (relating to lawfully present individuals).''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to services furnished on or after the date that is 90 days after such date of the enactment. (2) Exception if state legislation required.--In the case of a State plan for medical assistance under title XIX, or a State child health plan under title XXI, of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the respective State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 4. CONSISTENCY IN HEALTH COVERAGE FOR INDIVIDUALS WITH FEDERALLY AUTHORIZED PRESENCE, INCLUDING DEFERRED ACTION. (a) In General.--For the purposes of eligibility under any of the provisions referred to in subsection (b), all individuals granted federally authorized presence in the United States other than as a nonimmigrant shall be considered to be lawfully present in the United States. (b) Provisions Described.--The provisions described in this subsection are the following: (1) Exchange eligibility.--Section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031). (2) Reduced cost-sharing eligibility.--Section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). (3) Premium subsidy eligibility.--Section 36B of the Internal Revenue Code of 1986. (4) Medicaid and chip eligibility.--Titles XIX and XXI of the Social Security Act, including under section 1903(v) of such Act (42 U.S.C. 1396b(v)). (c) Effective Date.-- (1) In general.--Subsection (a) shall take effect on the date of the enactment of this Act. (2) Transition through special enrollment period.--In the case of an individual described in subsection (a) who, before the first day of the first annual open enrollment period under subparagraph (B) of section 1311(c)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)) beginning after the date of the enactment of this Act, is granted federally authorized presence in the United States described in subsection (a) and who, as a result of such subsection, qualifies for a subsidy described in paragraph (2) or (3) of such subsection, the Secretary of Health and Human Services shall establish a special enrollment period under section 1311(c)(6)(C) of such Act during which such individual may enroll in qualified health plans through Exchanges under title I of such Act and qualify for such a subsidy. For such an individual who has been granted federally authorized presence in the United States as of the date of the enactment of this Act, such special enrollment period shall begin not later than 90 days after such date of enactment. Nothing in this paragraph shall be construed as affecting the authority of the Secretary to establish additional special enrollment periods under section 1311(c)(6)(C) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)(C)).

Health Equity and Access under the Law for Immigrant Women and Families Act of 2017 or the HEAL Immigrant Women and Families Act of 2017 This bill amends titles XIX (Medicaid) and XXI (Children's Health Insurance) (CHIP) of the Social Security Act to extend Medicaid and CHIP coverage to aliens lawfully present in the United States who otherwise meet eligibility requirements. This applies to individuals granted deferred action or other federally authorized presence but not to nonimmigrants (e.g., individuals with a temporary worker visa). Individuals granted federally authorized presence, except nonimmigrants, are eligible for health insurance exchanges and reduced cost sharing under the Patient Protection and Affordable Care Act and premium subsidies under the Internal Revenue Code.

Health Equity and Access under the Law for Immigrant Women and Families Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Investment and Economic Security Act of 2014''. SEC. 2. REVIEW OF GREENFIELD INVESTMENTS. Section 721(a)(3) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(a)(3)) is amended-- (1) by striking ``means any merger'' and inserting the following: ``means-- ``(A) any merger''; (2) by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(B) any construction of a new facility in the United States by any foreign person.''. SEC. 3. NET BENEFIT REVIEW. (a) In General.--Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended-- (1) in subsection (b)-- (A) in the heading for such subsection, by inserting ``and Net Benefit'' after ``National Security''; (B) in paragraph (1)-- (i) in the heading for such paragraph, by inserting ``and net benefit'' after ``National security''; (ii) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: ``(i) shall-- ``(I) review the covered transaction to determine the effects of the transaction on the national security of the United States; and ``(II) consider the factors specified in subsection (f) for such purpose, as appropriate; and ``(ii) shall review the covered transaction to determine whether such transaction is of net benefit to the United States, as provided under subsection (o).''; and (iii) by adding at the end the following: ``(G) Mandatory net benefit review for certain covered transactions.--The President and the Committee shall initiate a net benefit review of a covered transaction under subparagraph (A)(ii) if such transaction meets the requirements of paragraphs (1) and (2) of section 7A(a) of the Clayton Act (15 U.S.C. 18a(a)).''; and (C) in paragraph (3)(A), by inserting ``national security'' before ``review'' each place it appears in the heading and text of such subparagraph; and (2) by adding at the end the following: ``(o) Performance of Net Benefit Determination.-- ``(1) Factors to be considered.--For purposes of carrying out the net benefit determination under subsection (b)(1)(A)(ii), the President, acting through the Committee, shall consider-- ``(A) the effect on the level of economic activity in the United States on-- ``(i) the level and quality of employment; ``(ii) resource processing; ``(iii) the utilization of parts and services produced in the United States; ``(iv) the utilization of products, parts, and services imported into the United States; and ``(v) exports from the United States; ``(B) the effect of the proposed or pending transaction on productivity, industrial efficiency, technological development, technology transfers, and product innovation in the United States; ``(C) the effect of the proposed or pending transaction on competition within any industry in the United States or between the United States and other countries; ``(D) the compatibility of the proposed or pending transaction with national industrial, economic, and cultural policies; ``(E) the effect on the public health, safety, and well-being of United States consumers; ``(F) in the case of a covered transaction that is a foreign government-influenced transaction-- ``(i) the governance and commercial orientation of the foreign person engaging in such transaction; ``(ii) how and the extent to which the foreign person engaging in such transaction is owned or controlled by a foreign government or its conduct and operations are influenced by a foreign government, including considering the stated government policies of the country of origin of the foreign person regarding government support or policies relating to the economic sector involved in such transaction; ``(iii) whether the foreign person engaging in such transaction-- ``(I) adheres to United States standards of corporate governance (including commitments to transparency and disclosure, independent members of the board of directors, independent audit committees, and equitable treatment of shareholders); ``(II) adheres to United States laws and practices; and ``(III) is a foreign person of a country whose government has adequately engaged with the Securities and Exchange Commission and the Public Company Accounting Oversight Board in order to promote and ensure adequate transparency; and ``(iv) whether the foreign person engaging in such transaction will likely operate on a commercial basis if such transaction is completed, including with regard to-- ``(I) where to export; ``(II) where to process; ``(III) the participation of United States citizens in its operations in the United States and elsewhere; ``(IV) the impact of the investment on productivity and industrial efficiency in the United States; ``(V) support of on-going innovation, research, and development in the United States; ``(VI) sourcing patterns; and ``(VII) the appropriate level of capital expenditures to maintain the United States business in a globally competitive position; and ``(G) such other factors as the Committee determines appropriate. ``(2) Determining net benefit.--In making a net benefit determination under subsection (b)(1)(A)(ii)-- ``(A) judgments will be made both in measuring the effects of a proposed or pending transaction in relation to the relevant individual factors under paragraph (1) and in measuring the aggregate net effect after offsetting the negative effects, if any, against the positive ones; and ``(B) a proposed or pending transaction will be determined to be of net benefit to the United States when the aggregate net effect is positive, regardless of its extent over the short- and long-term. ``(3) Right to appeal; final determination.-- ``(A) Appeal of determination.--If the Committee makes a determination that the covered transaction will not be of net benefit to the United States, the parties to the covered transaction may, within the 30-day period following such determination, submit additional information to the Committee to demonstrate that the transaction will be of net benefit to the United States. ``(B) Final determination.--The Committee shall-- ``(i) make a final determination of whether the covered transaction will be of net benefit to the United States before the end of the 30- day period beginning on the date that additional information is submitted pursuant to subparagraph (A); and ``(ii) if such determination is that the covered transaction will not be of net benefit to the United States, refer such determination to the President. ``(4) Certifications to congress.--Notwithstanding subsection (b)(3), upon a final determination by the Committee under this subsection, the chairperson and the head of the lead agency shall make certifications to the Congress on the net benefit determination that are as close as practicable to the certifications required under subsection (b)(3) for the national security review. ``(5) Action by president after net benefit review.-- ``(A) In general.--If the Committee refers a determination to the President pursuant to paragraph (3)(ii), the President shall, within the 15-day period beginning on the date of such referral, review such determination and announce whether the President determines the covered transaction is of net benefit to the United States. ``(B) Factors to be considered.--For purposes of making a determination under subparagraph (A), the President shall consider, among other factors each of the factors described in paragraph (1), as appropriate. ``(C) Prohibition of certain transactions.--If the President, pursuant to subparagraph (A), determines that a covered transaction is not of net benefit to the United States, such covered transaction is prohibited. ``(D) Enforcement.--The President shall direct the Attorney General of the United States to seek appropriate relief, including divestment relief, in the district courts of the United States, in order to implement and enforce this paragraph. ``(E) Determinations nonreviewable.--A determination of the President under this paragraph shall not be subject to judicial review. ``(6) Committee membership for purposes of a net benefit determination.--For purposes of carrying out the net benefit determination under subsection (b)(1)(A)(ii) and this subsection, the Committee shall be composed of the following members or the designee of any such member: ``(A) The Attorney General of the United States. ``(B) The Secretary of Commerce. ``(C) The Secretary of Labor. ``(D) The Secretary of the Treasury. ``(E) The United States Trade Representative. ``(F) If the President determines that the covered transaction may affect the agricultural sector, including food safety, the Secretary of Agriculture. ``(G) If the President determines that the covered transaction may affect the public health, including food safety, the Secretary of Health and Human Services. ``(7) Foreign government-influenced transaction defined.-- For purposes of this subsection, the term `foreign government- influenced transaction' means any covered transaction where the foreign person engaging in such transaction is owned, controlled, or influenced, directly or indirectly, by a foreign government.''. (b) Rulemaking.--Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the President shall issue regulations to carry out section 721(o) of the Defense Production Act of 1950, as added by subsection (a).

Foreign Investment and Economic Security Act of 2014 - Amends the Defense Production Act of 1950 to provide for: (1) national security reviews of transactions involving the construction of a new facility in the United States by any foreign person (currently, national security reviews are conducted only for certain mergers, acquisitions, or takeovers by or with a foreign person); and (2) net benefit reviews of new construction, mergers, acquisitions, or takeovers by or with a foreign person to determine whether the transaction is of net benefit to the United States. Makes net benefit reviews mandatory for transactions that meet specified requirements under the Clayton Act. Directs the Committee on Foreign Investment in the United States, for purposes of carrying out net benefit determinations, to consider the effect of the proposed or pending transaction on: (1) employment, resource processing, the utilization of parts and services produced in or imported into the United States, and U.S. exports; (2) industrial efficiency, technological development, technology transfers, and product innovation in the United States; (3) competition within any U.S. industry or between the United States and other countries; (4) compatibility with national industrial, economic, and cultural policies; and (5) public health, safety, and well-being of U.S. consumers. Requires the Committee, in the case of a net benefit determination concerning a foreign government-influenced transaction, to consider additional factors including: the governance and commercial orientation of the foreign person engaging in such transaction; the extent to which the foreign person is owned, controlled, or influenced by the foreign government; and adherence to U.S. law and corporate governance standards, engagement of the foreign country with the Securities and Exchange Commission (SEC) and the Public Company Accounting Oversight Board, and the likelihood of operation on a commercial basis. Requires final determinations of the Committee to be certified to Congress. Requires the Committee to refer to the President any of the Committee's final determinations that a transaction will not be of net benefit to the United States. Requires the President to announce the determination regarding such transactions. Prohibits transactions that the President determines are not of net benefit to the United States. Requires the President to direct the Attorney General (DOJ) to seek appropriate relief in U.S. district courts to implement and enforce this Act. Bars judicial review of such determinations. Revises, for purposes of carrying out net benefit determinations, the composition of the Committee.

Foreign Investment and Economic Security Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Cybersecurity Strategy Act of 2015''. SEC. 2. CYBERSECURITY STRATEGY FOR THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the following new section: ``SEC. 230. CYBERSECURITY STRATEGY. ``(a) In General.--Not later than 60 days after the date of the enactment of this section, the Secretary shall develop a departmental strategy to carry out cybersecurity responsibilities as set forth in law. ``(b) Contents.--The strategy required under subsection (a) shall include the following: ``(1) Strategic and operational goals and priorities to successfully execute the full range of the Secretary's cybersecurity responsibilities. ``(2) Information on the programs, policies, and activities that are required to successfully execute the full range of the Secretary's cybersecurity responsibilities, including programs, policies, and activities in furtherance of the following: ``(A) Cybersecurity functions set forth in the second section 226 (relating to the national cybersecurity and communications integration center). ``(B) Cybersecurity investigations capabilities. ``(C) Cybersecurity research and development. ``(D) Engagement with international cybersecurity partners. ``(c) Considerations.--In developing the strategy required under subsection (a), the Secretary shall-- ``(1) consider-- ``(A) the cybersecurity strategy for the Homeland Security Enterprise published by the Secretary in November 2011; ``(B) the Department of Homeland Security Fiscal Years 2014-2018 Strategic Plan; and ``(C) the most recent Quadrennial Homeland Security Review issued pursuant to section 707; and ``(2) include information on the roles and responsibilities of components and offices of the Department, to the extent practicable, to carry out such strategy. ``(d) Implementation Plan.--Not later than 90 days after the development of the strategy required under subsection (a), the Secretary shall issue an implementation plan for the strategy that includes the following: ``(1) Strategic objectives and corresponding tasks. ``(2) Projected timelines and costs for such tasks. ``(3) Metrics to evaluate performance of such tasks. ``(e) Congressional Oversight.--The Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate for assessment the following: ``(1) A copy of the strategy required under subsection (a) upon issuance. ``(2) A copy of the implementation plan required under subsection (d) upon issuance, together with detailed information on any associated legislative or budgetary proposals. ``(f) Classified Information.--The strategy required under subsection (a) shall be in an unclassified form but may contain a classified annex. ``(g) Rule of Construction.--Nothing in this section may be construed as permitting the Department to engage in monitoring, surveillance, exfiltration, or other collection activities for the purpose of tracking an individual's personally identifiable information. ``(h) Definitions.--In this section: ``(1) Cybersecurity risk.--The term `cybersecurity risk' has the meaning given such term in the second section 226, relating to the national cybersecurity and communications integration center. ``(2) Homeland security enterprise.--The term `Homeland Security Enterprise' means relevant governmental and nongovernmental entities involved in homeland security, including Federal, State, local, and tribal government officials, private sector representatives, academics, and other policy experts. ``(3) Incident.--The term `incident' has the meaning given such term in the second section 226, relating to the national cybersecurity and communications integration center.''. (b) Prohibition on Reorganization.--The Secretary of Homeland Security may not change the location or reporting structure of the National Protection and Programs Directorate of the Department of Homeland Security, or the location or reporting structure of any office or component of the Directorate, unless the Secretary receives prior authorization from Congress permitting such change. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding at the end of the list of items for subtitle C of title II the following new item: ``Sec. 230. Cybersecurity strategy.''. (d) Amendment to Definition.--Paragraph (2) of subsection (a) of the second section 226 of the Homeland Security Act of 2002 (6 U.S.C. 148; relating to the national cybersecurity and communications integration center) is amended to read as follows: ``(2) the term `incident' means an occurrence that actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system, or actually or imminently jeopardizes, without lawful authority, an information system;''. Passed the House of Representatives October 6, 2015. Attest: KAREN L. HAAS, Clerk.

Department of Homeland Security Cybersecurity Strategy Act of 2015 (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS) to develop a cybersecurity strategy that includes: (1) strategic and operational goals and priorities to execute the full range of DHS's cybersecurity responsibilities; and (2) information on programs, policies, and activities in furtherance of the cybersecurity functions of the national cybersecurity and communications integration center (NCCIC), investigations capabilities, research and development, and engagement with international partners. In developing the strategy, DHS must consider: (1) the cybersecurity strategy published in November 2011 for governmental and nongovernmental entities involved in homeland security, including federal, state, local, and tribal government officials, private sector representatives, academics, and other policy experts; (2) the Department of Homeland Security Fiscal Years 2014-2018 Strategic Plan; and (3) the most recent Quadrennial Homeland Security Review. The strategy must include the roles and responsibilities of DHS components and offices. DHS must also issue an implementation plan that includes strategic objectives, projected timelines, costs for tasks, and evaluation metrics. DHS must submit the strategy and implementation plan to Congress. The bill prohibits the strategy from being construed as permitting DHS to engage in monitoring, surveillance, exfiltration, or other collection activities to track an individual's personally identifiable information. The bill also prohibits DHS from changing the location or reporting structure of the National Protection and Programs Directorate without prior authorization from Congress. For purposes of the NCCIC, the bill redefines "incident" to include occurrences that actually or imminently jeopardize, without lawful authority, an information system, thereby replacing a standard that currently includes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.

Department of Homeland Security Cybersecurity Strategy Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Grade Crossing Safety and Research Act of 1994''. SEC. 2. INSTITUTE FOR RAILROAD AND GRADE CROSSING SAFETY. The Secretary of Transportation (hereinafter Secretary), in conjunction with a university or college having expertise in highway driver and railroad safety, shall establish within one year of enactment of this Act, an Institute for Railroad and Grade Crossing Safety (hereinafter Institute). The Institute shall research, develop, fund, or test measures for reducing the number of fatalities and injuries in rail operations. The Institute shall focus on improvements in railroad grade crossing safety, railroad trespass prevention, prevention of railroad vandalism and the improved enforcement of laws in such areas. There is hereby authorized to be appropriated an additional $1,000,000 for each of the fiscal years 1996 through 2000 for the Institute, which will make periodic reports to the Secretary of Transportation and the Congress. SEC. 3. RAILROAD GRADE CROSSING, TRESPASSING AND VANDALISM PREVENTION STRATEGY. (a) Not later than one year after the date of enactment of this Act, and in consultation with affected parties, the Secretary shall evaluate and review current local, State and Federal codes regarding trespass on railroad property and vandalism affecting railroad safety and develop model prevention and enforcement codes and enforcement strategies for the consideration of State and local legislatures and governmental entities. (b) Within one year of enactment of this Act, the Secretary shall develop and maintain a comprehensive outreach program to improve communications among Federal railroad safety inspectors, Federal Rail Administration-certified State inspectors, railroad police, and State and local law enforcement, for the purpose of addressing trespass and vandalism dangers on railroad property, and strengthening relevant law enforcement strategies. This program shall increase public and police awareness of the legality of, dangers inherent in, and the extent of, trespassing on railroad rights-of-way, to develop strategies to improve the prevention of trespass and vandalism, and to improve the enforcement of laws relating to railroad trespass, vandalism and grade crossing safety. (c) For purposes of this Act, a trespasser is defined as a person who is on that part of railroad property used in railroad operations and whose presence is prohibited, forbidden or unlawful. SEC. 4. CIVIL PENALTY FOR VANDALISM. Not later than six months after the date of enactment of this Act, the Secretary shall amend the Secretary's regulations under section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) to make subject to a civil penalty of up to $5,000.00 under such Act any person who defaces, disables, damages, vandalizes or commits any act that adversely affects the function of any railroad grade crossing related signal system, sign, gate, device, sensor, or equipment. SEC. 5. CIVIL PENALTY FOR TRESPASS ON RAILROAD PROPERTY. Not later than six months after the date of enactment of this Act, the Secretary of Transportation shall amend the Secretary's regulations under section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) to make subject to a civil penalty of up to $2,500.00 under such an Act any person who trespasses on a railroad owned or railroad leased right-of-way, road or bridge. SEC. 6. WARNING OF CIVIL LIABILITY. The Secretary shall permit and encourage railroads to warn the public about potential Federal civil liability for violations of Federal regulations related to vandalism of railroad crossing related devices, signs and equipment and trespass on railroad property. SEC. 7. WHISTLE BAN PROHIBITION. Upon the date of enactment, no state or political subdivision thereof shall impose a whistle ban with respect to any railroad grade crossing or series of railroad grade crossings unless one of the following actions has been taken: (1) The affected crossing is closed during the pendency of the ban. (2) Crossing gates and median barriers have been installed and are operational at the affected crossing. (3) Four quadrant gates have been installed and are in operation at the affected crossing. (4) An automated horn system crossing device has been installed. (5) The Federal rail administrator has granted specific, time-limited permission for such ban. SEC. 8. RAIL CAR VISIBILITY. (a) The Secretary shall conduct a review of the Department of Transportation's rules with respect to rail car visibility. As part of this review, the Secretary shall collect relevant data from operational experience of railroads having enhanced visibility measures in service. (b) Not later than June 30, 1996, the Secretary shall initiate a rulemaking proceeding to issue regulations requiring substantially enhanced visibility standards for newly manufactured and remanufactured rail cars. In such rulemaking proceedings the Secretary shall consider at a minimum-- (1) visibility from the perspective of automobile drivers; (2) whether certain rail car paint colors should be prohibited or required; (3) the use of reflective materials; (4) the visibility of lettering on rail cars; (5) the effect of any enhanced visibility measures on the health and safety of train crew members; and (6) the ratio of cost to benefit of any new regulations. (c) In issuing regulations under paragraph (b), the Secretary may exclude from any specific visibility requirement any category of trains or rail operations if the Secretary determines that such an exclusion is in the public interest and is consistent with rail safety including railroad grade crossing safety. (d) As used in this subsection, the term ``railcar visibility'' means the enhancement of driver, pedestrian and railroad worker ability to observe trains consistent with public safety with particular consideration of enhancing safety at railroad grade crossings. SEC. 9. STATEWIDE RAILROAD GRADE CROSSING FREEZE. Not later than two years after the date of enactment of this Act, the Secretary shall initiate a rulemaking proceeding to issue regulations which-- (1) impose a freeze on the total number of railroad grade crossings in each State of the United States of America; (2) after the effective date of the regulation require any new railroad grade crossing opening to receive the specific approval of the Federal Rail Administrator; (3) require that unless otherwise in the public interest, or necessary to facilitate interstate commerce, three existing railroad grade crossings be closed in the requesting State for each new railroad grade crossing opened after the effective date of this regulation; and (4) permit the Federal Rail Administrator to waive the application of this regulation once a State has achieved significant and sufficient reductions in the total number railroad grade crossings or has an optimal number of railroad grade crossings for the entire State. SEC. 10. RESEARCH PRIORITIES. The Secretary of Transportation shall incorporate the enhancement of railroad grade crossing safety, the prevention of trespassing on railroad property and the prevention of vandalism to railroad grade crossing safety devices, signs and equipment into the research, technology development and testing priorities of the Department of Transportation. In carrying out activities authorized by this Act, the Secretary shall consult with such other governmental agencies concerning the availability and affordability of appropriate technologies, especially defense related technologies for application to railroad crossing safety, trespass and vandalism prevention and other rail safety initiatives. SEC. 11. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS. Toll Free Telephone Number.--The Secretary of Transportation shall designate not later than one year after the date of enactment of this Act, and thereafter maintain an emergency notification system utilizing a toll free ``800'' telephone number that can be used by the public to convey to railroads, either directly or through public safety personnel, information about malfunctions or other safety problems at railroad-highway grade crossings.

Railroad Grade Crossing Safety and Research Act of 1994 - Directs the Secretary of Transportation, in conjunction with a university or college having expertise in highway driver and railroad safety, to establish an Institute for Railroad and Grade Crossing Safety. Directs the Institute to: (1) research, develop, fund, or test measures for reducing the number of fatalities and injuries in rail operations; and (2) focus on improvements in railroad grade crossing safety, railroad trespass prevention, prevention of railroad vandalism, and the improved enforcement of laws in such areas. Authorizes appropriations. (Sec. 3) Directs the Secretary to: (1) review current local, State, and Federal codes regarding trespass on railroad property and vandalism affecting railroad safety; and (2) develop model prevention and enforcement codes and strategies for the consideration of State and local legislatures and governmental entities. Requires the Secretary to: (3) develop a comprehensive outreach program to improve communications among Federal railroad safety inspectors, Federal Rail Administration-certified State inspectors, railroad police, and State and local law enforcement, in order to address trespass and vandalism dangers on railroad property; and (2) to strengthen law enforcement strategies. (Sec. 4) Requires the Secretary to amend specified regulations under the Federal Railroad Safety Act of 1970 to subject to a specified civil penalty: (1) any person who defaces, disables, damages, vandalizes, or commits any act that adversely affects the function of any railroad grade crossing related signal system, sign, gate, device, sensor, or equipment; and (2) any person who trespasses on a railroad owned or railroad leased right-of-way, road, or bridge. (Sec. 6) Requires the Secretary to encourage railraods to warn the public about potential civil liability for violations of Federal regulations related to vandalism of railroad crossing related devices, signs and equipment, and trespass on railroad property. (Sec. 7) Prohibits any State or political subdivision from imposing a whistle ban with respect to a railroad grade crossing or series of railroad grade crossings unless one of enumerated actions has been taken. (Sec. 8) Directs the Secretary to review Department of Transportation's (DOT) rules with respect to rail car visibility. Requires the Secretary to initiate a rulemaking proceeding to issue regulations requiring enhanced visibility standards for newly manufactured and remanufactured rail cars. (Sec. 9) Directs the Secretary to initiate a rulemaking proceeding to issue regulations which impose a freeze on the total number of railroad grade crossings in each State. (Sec. 10) Requires the Secretary to incorporate the enhancement of railroad grade crossing safety, the prevention of trespassing on railroad property and vandalism to railroad grade crossing safety devices, signs, and equipment into the research, technology development, and testing priorities of DOT. (Sec. 11) Requires the Secretary to maintain an emergency notification system utilizing a toll free "800" telephone number that can be used by the public to convey to railroads information about malfunctions or other safety problems at railroad-highway grade crossings.

Railroad Grade Crossing Safety and Research Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Preservation Act''. SEC. 2. DEDICATION OF A PORTION OF OUTER CONTINENTAL SHELF REVENUES TO THE NATIONAL PARK SERVICE. (a) Definitions.--In this Act: (1) Leased tract.--The term ``leased tract'' means a tract leased under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) for the purpose of drilling for, developing, and producing oil and natural gas resources, consisting of a block, a portion of a block, or a combination of blocks or portions of blocks, as specified in the lease and as depicted on an Outer Continental Shelf Official Protraction Diagram. (2) Outer continental shelf.--The term ``outer Continental Shelf'' has the meaning given the term in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (3) Outer continental shelf revenues.-- (A) In general.--The term ``outer Continental Shelf revenues'' means all amounts received by the United States from leased tracts, less-- (i) such amounts as are credited to States under section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)); and (ii) such amounts as are needed for adjustments or refunds of overpayments for rents, royalties, or other purposes. (B) Inclusions.--The term ``outer Continental Shelf revenues'' includes royalties (including payments for royalty taken in kind and sold), net profit share payments, and related late-payment interest from natural gas and oil leases issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) for a leased tract. (C) Exclusions.--The term ``outer Continental Shelf revenues'' does not include amounts received by the United States under-- (i) any lease issued on or after the date of enactment of this Act; (ii) any lease under which no oil or gas production occurred before January 1, 1999; or (iii) any lease in an area for which there is in effect a moratorium on leasing or drilling on the outer Continental Shelf. (b) Separate Account.--Of amount of outer Continental Shelf revenues received by the Secretary of the Interior during each fiscal year, $500,000,000 shall be deposited in a separate account in the Treasury of the United States and shall, without further Act of appropriation, be available to the Secretary of the Interior in subsequent fiscal years until expended. (c) Threatened Park Resources.-- (1) In general.--The amounts made available under subsection (b) shall be available for expenditure in units of the National Park System that have ecosystems, critical habitat, cultural resources, or other core park resources that are threatened or impaired. (2) Identified threats.--The amounts made available under subsection (b)-- (A) shall be used only to address identified threats and impairments described in paragraph (1), including use for land acquisition, construction, grants to State, local, or municipal governments, or partnerships with other Federal agencies or nonprofit organizations; and (B) shall not be directed to other operational or maintenance needs of units of the National Park System. (3) Allocation.--Of the amounts made available under subsection (b)-- (A) 30 percent shall be available for expenditure in units of the National Park System with ecosystems, critical habitat, cultural resources, or other core park resources threatened or impaired by activities occurring inside the unit; and (B) 70 percent shall be available for expenditure in units of the National Park System with ecosystems, critical habitat, cultural resources, or other core park resources threatened or impaired by activities occurring outside the unit (including $150,000,000 for each of fiscal years 2000 through 2015 for the Federal share of the Everglades and South Florida ecosystem restoration project under the comprehensive plan developed under section 528 of the Water Resources Development Act of 1996 (110 Stat. 3767)). (d) Conforming Amendment.--Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended by striking ``All rentals'' and inserting ``Except as provided in section 2 of the National Park Preservation Act, all rentals''.

Makes such funds available for expenditure in units of the National Park System (NPS) that have ecosystems, critical habitat, cultural resources, or other core park resources that are threatened or impaired. Allocates 30 percent of funds to NPS units threatened or impaired by activities occurring inside the unit, and 70 percent to units threatened or impaired by activities occurring outside the unit. Specifies an annual amount for FY 2000 through 2015 for the Federal share (50 percent) of the Everglades and South Florida ecosystem restoration project under the Water Resources Development Act of 1996. Prohibits from deposit in the separate account any revenues from any new oil and gas leases, or from development of any existing leases in a moratorium area.

National Park Preservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician Payments Sunshine Act of 2007''. SEC. 2. QUARTERLY TRANSPARENCY REPORTS FROM MANUFACTURERS OF COVERED DRUGS, DEVICES, OR MEDICAL SUPPLIES UNDER MEDICARE, MEDICAID, OR SCHIP. Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1128F the following new section: ``SEC. 1128G. QUARTERLY TRANSPARENCY REPORTS FROM MANUFACTURERS OF COVERED DRUGS, DEVICES, OR MEDICAL SUPPLIES UNDER MEDICARE, MEDICAID, OR SCHIP. ``(a) Reporting of Payments or Other Transfer of Value.--On January 1, 2008, and the first day of each fiscal year quarter beginning thereafter, each manufacturer of a covered drug, device, or medical supply who provides a payment or other transfer of value, directly, indirectly, or through an agent, subsidiary, or other third party, to a physician, or to an entity that a physician is employed by, has tenure with, or has an ownership interest in, shall submit to the Secretary, in such electronic form as the Secretary shall require, the following: ``(1) The name of the physician, and if a payment or other transfer of value was provided to an entity that the physician is employed by, has tenure with, or has an ownership interest in, the entity. ``(2) The address of-- ``(A) the physician's office; and ``(B) in the case of an entity required to be named under paragraph (1), the primary place of business or headquarters for the entity. ``(3) The facility with which the physician is affiliated, if any. ``(4) The value of the payment or other transfer of value. ``(5) The date on which the payment or other transfer of value was provided. ``(6) A description of the nature of the payment or other transfer of value, indicated (as appropriate for all that apply) as-- ``(A) compensation; ``(B) food, entertainment, or gifts; ``(C) trips or travel; ``(D) a product or other item provided for less than market value; ``(E) participation in a medical conference, continuing medical education, or other educational or informational program or seminar, provision of materials related to such a conference or educational or informational program or seminar, or remuneration for promoting or participating in such a conference or educational or informational program or seminar; ``(F) product rebates or discounts; ``(G) consulting fees or honoraria; or ``(H) any other economic benefit, as defined by the Secretary. ``(7) The medical issue or condition addressed, if any, that was the basis for the payment or transfer. ``(b) Annual Summary Report.--Each manufacturer of a covered drug, device, or medical supply that is required to submit information under subsection (a) during a year shall submit a report to the Secretary not later than December 31 of the year that summarizes, in such electronic form as the Secretary shall specify, each submission of information under subsection (a) made by the manufacturer during the year. ``(c) Penalty for Noncompliance.--Any manufacturer of a covered drug, device, or medical supply that fails to submit information required under subsection (a) or (b) in accordance with regulations promulgated to carry out such subsection, shall be subject to a civil money penalty of not less than $10,000, but not more than $100,000, for each such failure. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section. ``(d) Public Availability.--Not later than June 1, 2008, the Secretary shall establish procedures to ensure that the information reported under subsection (a) and the summary reports submitted under subsection (b) are readily accessible to the public through an Internet website that is easily searchable, downloadable, and understandable. ``(e) Report to Congress.--Not later than April 1 of each year beginning with 2009, the Secretary shall submit to Congress a report that includes the following: ``(1) The information submitted under subsections (a) and (b) during the preceding year, aggregated for each manufacturer of a covered drug, device, or medical supply that submitted such information during such year. ``(2) A description of any enforcement actions taken to carry out this section, including any penalties imposed under subsection (c), during the preceding year. ``(f) Definitions.--In this section: ``(1) Covered drug, device, or medical supply.--The term `covered drug, device, or medical supply' means any drug, biological product, device, or medical supply for which payment is available under title XVIII or a State plan under title XIX or XXI (or a waiver of such a plan). ``(2) Manufacturer of a covered drug, device, or medical supply.--The term `manufacturer of a covered drug, device, or medical supply' means any entity with annual gross revenues that exceed $100,000,000, which is engaged in-- ``(A) the production, preparation, propagation, compounding, conversion, or processing of a covered drug, device, or medical supply; or ``(B) the packaging, repackaging, labeling, relabeling, or distribution of a covered drug, device, or medical supply. ``(3) Payment or other transfer of value.-- ``(A) In general.--The term `payment or other transfer of value' means a transfer of anything of value that exceeds $25, and includes any compensation, gift, honorarium, speaking fee, consulting fee, travel, discount, cash rebate, or services. ``(B) Exclusions.--Such term does not include the following: ``(i) Product samples that are intended for patients. ``(ii) A payment or other transfer of value made for the general funding of a clinical trial. ``(iii) A transfer of anything of value to a physician when the physician is a patient and not acting in his or her professional capacity. ``(4) Physician.--The term `physician' has the meaning given that term in section 1861(r).''.

Physician Payments Sunshine Act of 2007 - Amends part A of title XI of the Social Security Act to require quarterly transparency reports to the Secretary of Health and Human Services of payments to physicians or their employers by manufacturers of covered drugs, devices, or medical supplies under titles XVIII (Medicare), XIX (Medicaid), or XXI (State Children's Health Insurance Program (SCHIP)) of the Social Security Act.

A bill to amend title XI of the Social Security Act to provide for transparency in the relationship between physicians and manufacturers of drugs, devices, or medical supplies for which payment is made under Medicare, Medicaid, or SCHIP.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Access to Networks in Disasters Act of 2017''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the voluntary policies outlined in the Wireless Network Resiliency Cooperative Framework should be adhered to by all parties to aid consumers, 9-1-1 professionals, first responders, and local governments, in accessing communication services during times of emergency. SEC. 3. SECURING ACCESS TO NETWORKS IN DISASTERS. (a) Definitions.--In this section-- (1) the term ``Commission'' means the Federal Communications Commission; (2) the term ``mobile service'' means-- (A) commercial mobile service (as defined in section 332 of the Communications Act of 1934 (47 U.S.C. 332)); or (B) commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)); (3) the term ``times of emergency'' means-- (A) an emergency or major disaster, as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); or (B) an emergency as declared by the Governor of a State or territory of the United States; and (4) the term ``WiFi access points'' means wireless Internet access using the standard designated as 802.11 or any variant thereof. (b) FCC Study on Alternative Access to 9-1-1 Services During Times of Emergency.-- (1) Study.--Not later than 36 months after the date of enactment of this Act, the Commission shall submit to Congress, and make publicly available on the website of the Commission, a study on the public safety benefits and technical feasibility and cost of-- (A) making telecommunications service provider- owned WiFi access points, and other telecommunications service provider-owned communications technologies operating on unlicensed spectrum, available to the general public for access to 9-1-1 services, without requiring any login credentials, during times of emergency when mobile service is unavailable; (B) the provision by non-telecommunications service provider-owned WiFi access points of public access to 9-1-1 services during times of emergency when mobile service is unavailable; and (C) other alternative means of providing the public with access to 9-1-1 services during times of emergency when mobile service is unavailable. (2) Considerations.--In conducting the study required under paragraph (1), the Commission shall consider issues related to making WiFi access points available to the general public for access to 9-1-1 services, including communications network provider liability, the operational security of communications networks, and any existing actions or authorities in and among the States. (c) GAO Study and Report.-- (1) Definitions.--In this subsection-- (A) the term ``essential communications services'' means wireline and mobile telephone service, Internet access service, radio and television broadcasting, cable service, and direct broadcast satellite service; and (B) the term ``Executive departments'' has the meaning given the term in section 101 of title 5, United States Code. (2) Study.--The Comptroller General of the United States shall conduct a study on-- (A) how Executive departments can better ensure essential communications services remain operational during times of emergency; (B) any legislative matters, if appropriate, Congress could consider to help promote the resiliency of essential communications services; and (C) whether a nationwide directory of points of contact among providers of essential communications services is needed to facilitate the rapid restoration of such services damaged during times of emergency. (3) Considerations.--In making the determination described in paragraph (2)(C), the Comptroller General shall consider-- (A) any similar directories that exist at the Federal, State, or local level, including the effectiveness of such directories; (B) how such a directory could be established and updated, including what types of information would be most useful; (C) how access to such a directory could be managed to adequately ensure the confidentiality of any sensitive information and operational security of essential communications services; and (D) the resources necessary to establish and maintain such a directory. (4) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall transmit a report to Congress containing the findings and recommendations of the study required under paragraph (2). (d) Expanding List of Essential Service Providers During Federally Declared Emergencies To Include All Communications Providers; Providing Access to Essential Service Providers.--Section 427 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189e) is amended-- (1) in subsection (a)(1)(A), by striking ``telecommunications service'' and inserting ``wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service''; and (2) by adding at the end the following: ``(d) Mutual Aid Agreements.--The President, acting through the Administrator of the Federal Emergency Management Agency, shall encourage the adoption of mutual aid agreements that recognize the credentials of essential service providers issued by all parties to the mutual aid agreement.''. (e) Communications Networks Are Designated Essential Assistance During Federally Declared Emergencies.--Section 403(a)(3) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)(3)) is amended-- (1) in subparagraph (I), by striking ``and'' at the end; (2) in subparagraph (J), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(K) allowing for access to essential service providers necessary for establishing temporary or restoring wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service.''. Passed the Senate September 11, 2017. Attest: Secretary. 115th CONGRESS 1st Session S. 102 _______________________________________________________________________ AN ACT To direct the Federal Communications Commission to commence proceedings related to the resiliency of critical communications networks during times of emergency, and for other purposes.

(This measure has not been amended since it was reported to the Senate on April 5, 2017. Securing Access to Networks in Disasters Act of 2017 (Sec. 2) This bill expresses the sense of Congress that the voluntary policies outlined in the Wireless Network Resiliency Cooperative Framework should be adhered to by all parties to aid consumers, 9-1-1 professionals, first responders, and local governments in accessing communication services during times of emergency. The framework is a voluntary initiative announced by wireless providers and the CTIA after receiving recommendations from government-private sector partnerships including the Federal Communications Commission's (FCC's) Communications Security, Reliability and Interoperability Council and the CTIA's Business Continuity and Disaster Recovery Certification Program. (Sec. 3) The bill requires the FCC to publish a study on the public safety benefits, technical feasibility, and cost of providing the public with emergency access to 9-1-1 services, when mobile service is unavailable during certain presidentially declared emergencies or major disasters or during gubernatorially declared emergencies, through: telecommunications service provider-owned WiFi access points and other communications technologies operating on unlicensed spectrum, without requiring any login credentials; non-telecommunications service provider-owned WiFi access points; and other alternative means. The Government Accountability Office must report on: (1) how executive departments can better ensure that essential communications services remain operational during emergencies, (2) any legislative matters Congress could consider to help promote the resiliency of essential communications services, and (3) whether a nationwide directory of points of contact among providers of essential communications services is needed to facilitate the rapid restoration of such services damaged during times of emergency. The Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended to expand the categories of essential communications service providers that may access a disaster site to restore and repair essential services in an emergency or major disaster without being denied or impeded by a federal agency. Services to be considered essential are wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service. The Federal Emergency Management Agency (FEMA) must encourage the adoption of mutual aid agreements recognizing the credentials of essential service providers issued by all parties to such an agreement. At the direction of the President, federal agencies may provide assistance essential to meeting immediate threats to life and property resulting from a major disaster by allowing access to essential service providers for establishing temporary, or restoring, communications services.

Securing Access to Networks in Disasters Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Railroad Right of Way Extension Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Freight trains provide an efficient, reliable, all- weather transportation system that produce less greenhouse gas emissions and are 70 percent more fuel efficient than trucks for large loads. The American Association of Railroads reports that a freight train can carry 457 ton-miles per gallon of diesel fuel and are substantially more fuel efficient than other forms of surface transportation. (2) The Alaska Railroad Act (38 Stat. 305), which was signed into law on March 12, 1914, authorized the construction of a 1,000-mile rail line in the Territory of Alaska ``to best aid in the development of the agricultural and mineral or other resources of Alaska . . . and so as to provide transportation of coal for the Army and Navy, transportation of troops, arms, munitions of war, the mails, and for other governmental and public purposes''. (3) The Alaska Railroad, which was constructed between 1915 and 1923, consists of only 467 miles of main line tracks. An additional 533 miles of tracks could be constructed under the original authorization. (4) An 80-mile rail extension between North Pole and Delta Junction-- (A) would greatly benefit the Department of Defense, which has large training areas south of the Tanana River between Fairbanks and Delta Junction; (B) would provide access to the Joint Pacific Area Range Complex, which is currently limited to ice roads during winter; (C) would enable the United States Army to mobilize military units to a staging area immediately south of the Tanana River; (D) would enable the United States Air Force to move large freight to the Fort Greely missile intercept complete located near Delta Junction; and (E) would facilitate the economical movement of commercial freight and passenger transportation, including tourism. SEC. 3. CONVEYANCE OF LAND IN ALASKA FOR RAILROAD RIGHT OF WAY. (a) Conveyance Authorized.--The Secretary of the Interior, and such other Federal officials as may be necessary and appropriate, shall convey to the Alaska Railroad Corporation (referred to in this section as the ``Alaska Railroad'') all rights, title, and interests held by the United States to approximately 950 acres of land located between North Pole, Alaska, and Delta Junction, Alaska, for the purpose of constructing a railroad corridor and related support areas and structures. (b) Description of Property.-- (1) Determination.--The exact acreage and final route configuration of the conveyance authorized under subsection (a) shall be determined pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) process conducted by the Surface Transportation Board. (2) Surveys.--The legal description of the real property to be conveyed under subsection (a) shall be determined by surveys satisfactory to the Secretary of the Interior. The cost of the surveys shall be borne by the Alaska Railroad. (c) Additional Terms and Conditions.-- (1) In general.--The Secretary of the Interior, and such other Federal officials as may be necessary and appropriate, may require such additional terms and conditions in connection with the conveyances described in subsection (a) as may be appropriate to protect the interests of the United States. (2) Scope of conveyance.-- (A) In general.--The interest conveyed to the Alaska Railroad by the United States under subsection (a) shall be a full title interest, substantially equivalent to the title interest received by the Alaska Railroad under the Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1201 et seq.) except as provided in subparagraph (B). (B) Exclusive use right-of-way.--If the Secretary of the Interior, the Alaska Railroad, and such other Federal officials as may be appropriate concur, the interest conveyed to the Alaska Railroad in designated areas shall be an exclusive use right-of-way in perpetuity, to include the full rail and utility franchise with reversion to conveyance described in subparagraph (A) in the event of future Federal disposition of fee title. (3) Construction.--The railroad extension shall be constructed in phases after the Surface Transportation Board has approved the entire route. (d) Consideration.-- (1) In general.--The Alaska Railroad, shall, in consideration for the land conveyed by the United States under this section-- (A) convey, or cause to be conveyed, exchange property in accordance with paragraph (3); (B) pay the purchase price for such real property, in accordance with paragraph (4); or (C) pay other consideration as may be negotiated with the Secretary of Interior and other Federal officials, as appropriate. (2) Number of payments.--Conveyance and payment of consideration may be made through a single payment for the entire route or through separate payments for each portion of the route, as selected by the Alaska Railroad. (3) Replacement property.--If the Alaska Railroad chooses to provide consideration under paragraph (1)(A), the Alaska Railroad shall convey or cause to be conveyed, and pay the cost of conveying, to the United States, fee simple title to land that the Secretary of the Interior determines to be suitable in exchange for the property being conveyed to the Alaska Railroad. (4) Purchase price.--If the Alaska Railroad chooses to provide consideration under paragraph (1)(B), the Alaska Railroad shall pay the United States the fair market value of the real property conveyed by the United States based on its highest and best use, as determined by an independent appraisal commissioned by the Secretary of the Interior and paid for by the Alaska Railroad. (5) Appraisal.--In carrying out an appraisal under paragraph (4)-- (A) the appraisal shall be performed by an appraiser mutually acceptable to the Secretary of the Interior and the Alaska Railroad; and (B) the assumptions, scope of work, and other terms and conditions related to the appraisal assignment shall be mutually acceptable to the Secretary of the Interior and the Alaska Railroad. (6) Payment terms.--Payment of the appraised value for any land conveyed to the Alaska Railroad under this section shall be-- (A) made by the Alaska Railroad to the United States upon completion of an as-built survey of the completed construction and receipt by the Alaska Railroad of formal conveyance; and (B) without interest or any escalation of the value due to the passage of time or development of the real property. (e) Pre-Conveyance Entry.--The Secretary of the Interior, and other Federal officials as may be necessary and appropriate, on such terms and conditions as may be appropriate, may authorize the Alaska Railroad to enter upon the land to be conveyed to the Alaska Railroad at no charge for pre-construction and construction activities. (f) Savings Provision.--Nothing in this section may be construed to affect the duties, responsibilities, or liability of the Federal Government under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.) concerning any lands conveyed under this section.

Alaska Railroad Right of Way Extension Act of 2011 - Directs the Secretary of the Interior, and other appropriate federal officials, to convey to the Alaska Railroad Corporation all rights, title, and interests of the United States to certain land located between North Pole, Alaska, and Delta Junction, Alaska, for the purpose of constructing a railroad corridor extension and related support areas and structures. Requires Surface Transportation Board approval for the phased construction of such extension.

A bill to authorize the Secretary of the Interior to convey a railroad right of way between North Pole, Alaska, and Delta Junction, Alaska, to the Alaska Railroad Corporation.

SECTION 1. TAX CREDIT FOR HYDROGEN FUEL. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30D. HYDROGEN CREDIT. ``(a) Credit Allowed.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year the sum of the qualified hydrogen expenditure amounts for each qualified hydrogen device of the taxpayer. ``(b) Qualified Hydrogen Expenditure Amount.--For purposes of this section, the term `qualified hydrogen expenditure amount' means, with respect to each qualified hydrogen energy conversion device of the taxpayer, the lesser of-- ``(1) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for hydrogen which is consumed by such device, and ``(2) $1,500. In the case of any device which is not owned by the taxpayer at all times during the taxable year, the $1,500 amount in paragraph (2) shall be reduced by an amount which bears the same ratio to $1,500 as the portion of the year which such device is not owned by the taxpayer bears to the entire year. ``(c) Qualified Hydrogen Energy Conversion Devices.--For purposes of this section-- ``(1) In general.--The term `qualified hydrogen energy conversion device' means, with respect to any taxpayer, any hydrogen energy conversion device which is placed in service after December 31, 2004, and which is wholly owned by the taxpayer during the taxable year. If an owner of a device (determined without regard to this paragraph) provides to the primary user of such device a written statement that such user shall be treated as the owner of such device for purposes of this section, then such user (and not such owner) shall be so treated. ``(2) Hydrogen energy conversion device.--The term `hydrogen energy conversion device' means-- ``(A) any electrochemical device which converts hydrogen into electricity, and ``(B) any combustion engine which burns hydrogen as a fuel. ``(d) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to amounts which (but for subsection (e) would be allowed as a deduction under section 162 shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.--The credit allowed under subsection (a) (after the application of paragraph (1)) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax liability (as defined in section 26(b)) reduced by the sum of the credits allowable under subpart A and sections 27, 30, 30B, and 30C, over ``(B) the tentative minimum tax for the taxable year. ``(e) Denial of Double Benefit.--For purposes of determining any deduction or any other credit under this subtitle, the amounts paid or incurred by the taxpayer for hydrogen which is taken into account under this section shall be reduced by the amount of the credit allowed under this section. ``(f) Termination.--This section shall not apply to amounts paid or incurred after December 31, 2015.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``plus'', and by adding at the end the following new paragraph: ``(32) the portion of the hydrogen credit to which section 30D(d)(1) applies.''. (2) Section 55(c)(3) of such Code is amended by inserting ``30D(d)(2),'' after ``30C(d)(2),''. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30D. Hydrogen credit.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2007, in taxable years ending after such date. SEC. 2. EXTENSION OF EXISTING TAX CREDITS FOR FUEL CELL AND MICROTURBINE PROPERTY. (a) Residential Energy Efficient Property.--Subsection (g) of section 25D of the Internal Revenue Code of 1986 is amended by inserting ``(December 31, 2013, in the case of qualified fuel cell property)'' before the period at the end. (b) Energy Credit.-- (1) Fuel cell property.--Subparagraph (E) of section 48(c)(1) of such Code is amended by striking ``December 31, 2008'' and inserting ``December 31, 2013''. (2) Microturbine property.--Subparagraph (E) of section 48(c)(2) of such Code is amended by striking ``December 31, 2008'' and inserting ``December 31, 2013''. SEC. 3. SECONDARY FUEL CELL POWER SOURCES FOR NEW PUBLIC BUILDINGS. Section 3305 of title 40, United States Code, is amended by adding at the end the following: ``(f) Secondary Fuel Cell Power Sources for New Public Buildings.-- ``(1) In general.--A public building may not be constructed after December 31, 2008, that will be in excess of 50,000 square feet, unless the building has a fuel cell (as defined in section 781 of the Energy Policy Act of 2005 (42 U.S.C. 16121; 119 Stat. 835)) as an independent, backup source of electric power. ``(2) Size and use of fuel cell.--A fuel cell installed under this subsection in a building must have the capacity, and shall be used, to provide electric power for critical and essential functions and operations being conducted in the building during peak hours of electricity usage and during power outages. ``(3) Consideration for base load power supply.--In carrying out this subsection, the Administrator shall consider the use of a fuel cell to be installed or installed in a building under this subsection for use in meeting the base load electric power needs of the building. ``(4) Limitation.--This subsection shall not apply to a public building that is under construction on December 31, 2008.''. SEC. 4. UNIFORMITY OF HYDROGEN STORAGE AND TRANSPORTATION REGULATIONS. (a) Purposes.--The purposes of this section are-- (1) to prepare Federal, State, and local regulatory agencies for the smooth commercialization of hydrogen and fuel cell devices and fueling stations and smooth transition from a hydrocarbon economy to hydrogen economy; and (2) to ensure comprehensive coordination among these agencies to develop and utilize the necessary enabling regulations that ensure public safety, commercial development of hydrogen and fuel cell devices and fueling stations, and a smooth transition from a hydrocarbon economy to hydrogen economy. (b) Study and Report.-- (1) In general.--Not later than January 1, 2008, the Secretary of Transportation, in cooperation with the Secretaries of Energy, Commerce, Defense, and the heads of other appropriate Federal agencies, shall establish an interagency task force and comprehensive study team to-- (A) study and identify the regulatory actions that will be needed to ensure a safe, smooth transition-- (i) to commercialization of hydrogen and fuel cell devices and fueling stations; and (ii) from a hydrocarbon economy to hydrogen economy; and (B) design a uniform regulatory approach to such transition that ensures public safety. (2) Participation of state agencies.--The Secretary of Transportation may also include in the task force and study team to be established under paragraph (1) the heads of those State agencies that the Secretary determines are most likely to be instrumental in leading the effort toward commercialization of hydrogen and fuel cell devices and fueling stations and will have responsibility for implementing the regulations issued as a result of the regulating actions referred to in paragraph (1). (3) Report.--Not later than January 1, 2010-- (A) the task force and study team established under paragraph (1) shall complete the identification of the regulatory actions described in paragraph (1) and the study, and design of the uniform regulatory approach, under paragraph (1); and (B) the Secretary shall submit to Congress a report on the results of the identification process, study, and design process, together with proposed legislation that the Secretary recommends to facilitate such regulatory actions or as being necessary for commercial development and hydrogen and fuel cell devices and fueling stations and a smooth transition from a hydrocarbon economy to hydrogen economy. (c) Training and Familiarization Program.-- (1) Establishment.--The Secretary of Transportation, in cooperation with the task force and study team established under subsection (b), shall establish a cooperative, cost- shared training and familiarization program to facilitate commercial development and hydrogen and fuel cell devices and fueling stations and a smooth transition from a hydrocarbon economy to hydrogen economy. (2) Cost-sharing agreements.--Under the program, the Secretary shall enter into cost-sharing agreements with State and local governments and other persons that require the Secretary to provide for employees of, and individuals providing contracted services for, such governments and persons training and education regarding the uniform regulatory approach designed under subsection (b). (3) Utilization of certain safety codes and standards.--In providing training and education under this subsection, the Secretary shall utilize the safety codes and standards being developed under section 809(b) of the Energy Policy Act of 2005 (42 U.S.C. 16158; 119 Stat. 851). (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $4,000,000 for each of the fiscal years 2008 through 2012.

Amends the Internal Revenue Code to: (1) allow a tax credit for expenditures for producing energy from certain hydrogen sources; and (2) extend through 2013 the energy tax credits for fuel cell and microturbine property. Prohibits the construction after 2008 of any public building in excess of 50,000 square feet, unless such building has a fuel cell as an independent backup source of electric power. Requires the Secretary of Transportation to establish: (1) an interagency task force and comprehensive study team to study and identify the necessary regulatory actions for transitioning to the commercialization of hydrogen and fuel cell devices and fueling stations, and for transitioning from a hydrocarbon to a hydrogen economy; and (2) a cooperative program to facilitate the commercial development of such hydrogen energy sources.

To provide incentives for the use of hydrogen fuel, and for other purposes.

SEC. 1. SHORT TITLE. This Act may be cited as the ``Teague Grant Reauthorization Act''. SECTION 2. SUCCESS OF VETERANS' ADMINISTRATION MEDICAL SCHOOL ASSISTANCE AND HEALTH MANPOWER TRAINING ACT OF 1972 IN ALLEVIATING SHORTAGES OF HEALTH CARE PROFESSIONALS. (a) Findings.--Congress finds the following: (1) A severe shortage in the number of physicians and other health care professionals in the United States is predicted for the next two decades, as a result of a substantial growth in demand for medical services compared with the number of medical school graduates, foreign doctors in the United States, and other health care professionals available to meet that demand. (2) Recent studies based on current trends predict a national shortage of up to 50,000 physicians by 2010 and up to 200,000 physicians by 2020. (3) The passage and funding of the Veterans' Administration Medical School Assistance and Health Manpower Training Act of 1972 (Public Law 92-541), which added chapter 82 to title 38, United States Code, helped to prevent a predicted shortage of physicians and other health care professionals in the 1970s and 1980s, and resulted in the establishment of five new medical schools in the United States, at East Tennessee State University, the University of South Carolina, Texas A&M University, Wright State University, and Marshall University, each operated in conjunction with health care facilities of the Department of Veterans Affairs. (4) Over the past three decades, the partnerships between the Department of Veterans Affairs and those five medical schools not only helped prevent such a physician shortage, but also fostered significant gains in the quality of physician education, medical research, and health care delivery. (5) Physicians and other health care professionals educated in those medical schools have benefited from the rich and diverse educational experiences available in veterans' health care facilities. (6) Veterans and their families have benefited from medical care that is enhanced by faculty physicians, residency training, and comprehensive medical education that is available in veterans health care facilities affiliated with those medical schools. (b) Recognition.--Congress hereby recognizes-- (1) the 30th anniversary of the enactment of the Veterans' Administration Medical School Assistance and Health Manpower Training Act of 1972 (Public Law 92-541); (2) the critical and historic role played by that Act towards alleviating the shortfall in the number of physicians and other health care professionals; and (3) the importance of continued growth in the partnerships between the Department of Veterans Affairs and medical schools affiliated with the Department. SEC. 3. DECLARATION OF PURPOSE AND DESIGNATION OF GRANTS. Section 8221 of title 38, United States Code, is amended-- (1) by striking ``and to cooperate'' and all that follows through ``such subchapter'' and inserting ``to address shortfalls in the number of physicians and other health care professionals employed in the Veterans Health Administration''; and (2) by adding at the end the following new sentence: ``Grants under this subchapter shall be known as `Teague Grants' in honor of the most-decorated veteran ever to have served in Congress, the Honorable Olin E. `Tiger' Teague of Texas.''. SEC. 4. REAUTHORIZATION OF PROGRAM OF GRANTS TO AFFILIATED MEDICAL SCHOOLS. (a) Authorization of Appropriations.--Section 8222 of title 38, United States Code, is amended-- (1) by striking subsection (a) and inserting the following new subsection: ``(a) There is authorized to be appropriated for carrying out programs authorized under this subchapter $10,000,000 for each of fiscal years 2005 through 2009.''; and (2) by striking subsection (c). (b) Criteria for Grants.--Subsection (b) of section 8223 of such title is amended-- (1) in paragraph (1), by inserting before the semicolon the following: ``and will increase the number of medical or nursing students attending the school''; (2) by striking ``and'' at the end of paragraph (3); (3) by redesignating paragraph (4) as paragraph (5); and (4) by inserting after paragraph (3) the following new paragraph: ``(4) the application sets forth demonstrated benefits to the Department and to the care of veterans; and''. (c) Priority of Grant Awards.--Such section is further amended by adding at the end the following new subsection: ``(c) The Secretary shall give priority in the award of grants under this section to the medical schools established pursuant to subchapter I.''.

Teague Grant Reauthorization Act - Recognizes: (1) the 30th anniversary of the enactment of the Veterans' Administration Medical School Assistance and Health Manpower Training Act of 1972; (2) the critical and historic role played by that Act towards alleviating the shortfall in the number of physicians and other health care professionals; and (3) the importance of continued growth in partnerships between the Department of Veterans Affairs and affiliated medical schools. Adds as a purpose of current grants made by the Secretary of Veterans Affairs to affiliated medical schools as a result of such Act the addressing of shortfalls in the number of physicians and other health care professionals employed in the Department's Veterans Health Administration. Designates such grants as "Teague Grants" in honor of Olin E. Teague, the most decorated veteran ever to have served in Congress. Reauthorizes and extends the grant program for FY 2005 through 2009. Includes within criteria for grant approval a determination that proposed projects and programs will increase the number of medical and nursing students attending the affiliated school. Directs the Secretary to give a priority in grant awards to medical schools established under the Act.

To recognize the importance of the Veterans' Administration Medical School Assistance and Health Manpower Training Act of 1972 in addressing shortfalls in the number of physicians and other health care professionals employed in the health care system of the Department of Veterans Affairs, to reauthorize the program of grants to medical schools affiliated with the Department, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boy Scouts of America Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Boy Scouts of America will celebrate its centennial on February 8, 2010. (2) The Boy Scouts of America is the largest youth organization in the United States, with 3,000,000 youth members and 1,000,000 adult leaders in the traditional programs of Cub Scouts, Boy Scouts, and Venturing. (3) Since 1910, more than 111,000,000 youth have participated in Scouting's traditional programs. (4) The Boy Scouts of America was granted a Federal charter in 1916 by an Act of the 64th Congress which was signed into law by President Woodrow Wilson. (5) In the 110th Congress, 248 members of the House of Representative and the Senate have participated in Boy Scouts of America as Scouts or adult leaders. (6) The mission of the Boy Scouts of America is ``to prepare young people to make ethical and moral choices over their lifetimes by instilling in them the values of the Scout Oath and Law''. (7) Every day across our Nation, Scouts and their leaders pledge to live up the promise in the Scout Oath--``On my honor I will do my best, To do my duty to God and my country and to obey the Scout Law; To help other people at all times; To keep myself physically strong, mentally awake, and morally straight''--and the Scout Law, according to which a Scout is ``Trustworthy, Loyal, Helpful, Friendly, Courteous, Kind, Obedient, Cheerful, Thrifty, Brave, Clean, and Reverent''. (8) In the past 4 years alone, Scouting youth and their leaders have volunteered more than 6,500,000 hours of service to their communities through more than 75,000 service projects, benefitting food banks, local schools, and civic organizations. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins in commemoration of the centennial of the founding of the Boy Scouts of America, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 100 years of the largest youth organization in United States, the Boy Scouts of America. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2010''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Chief Scout Executive of the Boy Scouts of America and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only one facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only on or after February 8, 2010, and before January 1, 2011. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the National Boy Scouts of America Foundation, which funds will be made available to local councils in the form of grants for the extension of Scouting in hard to serve areas. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National Boy Scouts of America Foundation as may be related to the expenditures of amounts paid under subsection (b).

Boy Scouts of America Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the founding of the Boy Scouts of America. Requires the coin design to be emblematic of the 100 years of the organization. Restricts issuance of such coins to February 8 through December 31, 2010. Subjects coin sales to a surcharge of $10 per coin. Requires payment of such surcharges to the National Boy Scouts of America Foundation, to be made available to local councils in the form of grants for the extension of Scouting in hard-to-serve areas.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the centennial of the Boy Scouts of America, and for other proposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Oil Royalty Protection Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Independent producer.--The term ``independent producer'' means a producer that together with any of its affiliates produces 80 percent or more of its oil production domestically and that is not affiliated with a refinery. (2) Integrated producer.--The term ``integrated producer'' means a producer other than an independent producer. (3) Commodity-based price.--The term ``commodity-based price'' means the price obtained under contracts to buy or sell oil in a domestic futures market. (4) Marker crude price.--The term ``marker crude price'' means the price obtained in a market for a specific crude oil, if that crude oil can be used as a standard for assessing the true value of other oil. (5) Affiliate.--The term ``affiliate'' means a person that owns, is owned by, or is under common ownership with another person, and includes corporate subsidiaries, partnerships, joint ventures, and other forms of ownership. (6) Gross proceeds.--The term ``gross proceeds''-- (A) means the total moneys, reimbursements, and other consideration accruing under a contract for the disposition of oil produced, including all consideration received or paid by a lessee for services that the lessee must perform at no cost to the Federal Government or that is otherwise normally performed by a producer; and (B) includes any payments made to reduce, buy down, or buy out of a contract for the disposition of oil produced. (7) Transportation.--The term ``transportation'' means the movement of oil or gas from a central accumulation or treatment point to a point of sale or delivery. (8) Concerned state.--The term ``concerned State'' means any State that shares in the revenues received under Federal onshore or Outer Continental Shelf leases. SEC. 3. OIL VALUATION RULES. (a) Separate Rules.-- (1) In general.--Subject to the requirements in this section, the Secretary may establish separate rules to govern the calculation of the value for Federal royalty purposes of crude oil produced by independent producers and integrated producers from any Federal onshore or Outer Continental Shelf lease. (2) Integrated producers.--Any rule established under this subsection for integrated producers shall comply with the provisions of subsection (b). (3) Independent producers: gross proceeds.--(A) Any rule under this subsection for independent producers may allow payment of royalties based on the total gross proceeds accruing to an independent producer or its affiliate under an arm's- length contract for a true sale of the crude oil. (B) Rules under this subsection may allow any lessee, in valuing crude oil on the basis of its gross proceeds, to deduct its reasonable, necessary, and actual costs of transportation. No other deductions, allowances, or adjustments to a royalty payment may be made. (C)(i) Rules under this subsection shall require that a lessee, in valuing crude oil on the basis of gross proceeds, shall certify annually to the Secretary that it will comply with its duty to market the production. (ii) If the Secretary finds that any lessee has breached its duty to market the production, the lessee shall be liable for additional royalties as determined under subsection (b) and for the total administrative and legal costs incurred by the Federal government in investigating and prosecuting the breach. (iii) Violations of the certification required under this subparagraph shall be subject to a penalty that shall be not less than an amount equal to the underpayment amount determined by the Secretary under paragraph (3)(C)(i). (4) Independent producers: market-based method.--(A) Any rule established by the Secretary for independent producers that is not based on gross proceeds as provided in paragraph (3) or that will apply to crude oil sold or transferred under non-arm's-length circumstances shall be based on an independent, market-based method. In promulgating such a rule, the Secretary shall consider application of a commodity-based price or marker crude price. (B) Rules under this paragraph shall establish a single method for valuing crude oil, except that such rules-- (i) may apply a different method in different geographic regions, if the Secretary finds that the use of a different method in a region is necessary to reflect the unique market characteristics of that region; and (ii) may provide for any reasonable and necessary adjustments or deductions, subject to the limitations set forth in subsections (a)(3)(B) and (b)(3). (b) Single Set of Rules.-- (1) In general.--If the Secretary determines not to establish separate rules as authorized under subsection (a), the Secretary shall establish a single set of rules to govern the calculations referred to in subsection (a) that apply to both independent producers and integrated producers. Such rules shall use a method for determining the value of all crude oil that is based on a commodity-based price or a marker crude price. (2) Geographic variation.--Rules under this subsection may apply different commodity-based prices or marker crude prices in different geographic regions, if the Secretary finds that the application of a different price in a particular region is necessary to reflect the unique market characteristics of the region. (3) Other variation.--Rules under this section may provide for reasonable and necessary location- and quality-based adjustments to any commodity-based price or marker crude price. No other deductions, allowances, or adjustments to a royalty payment may be made. SEC. 4. ROYALTY RATE REDUCTIONS FOR STRIPPER AND HEAVY OIL. (a) In General.--Except as otherwise provided in this section, all royalty rate reductions for stripper and heavy oil granted by the Secretary on or before the date of enactment of this Act for oil produced from any Federal onshore lease are canceled beginning on the first day of the first production month following the date of enactment of this Act. For all such oil produced in the first full month after the date of enactment of this Act, a lessee shall remit royalties at the rate established under its lease. (b) Independent Producer Leases.-- (1) Existing royalty rate reductions.--All royalty rate reductions for stripper and heavy oil granted by the Secretary on or before the date of enactment of this Act and applicable to leases held or operated by independent producers shall remain in effect until the earlier of-- (A) September 10, 1999, or (B) cancellation by the Secretary. (2) New royalty rate reductions.--After cancellation of a royalty rate reduction for a lease under paragraph (1), the Secretary may grant royalty rate reductions for oil production under a lease, except that such a rate reduction may be granted for the lease only if-- (A) the Secretary makes the findings required under section 39 of the Mineral Leasing Act of 1920 (30 U.S.C. 209) on a lease-by-lease basis; (B) the reduction is approved by the concerned State; and (C) the rate reduction is effective for a period not greater than 3 years. SEC. 5. TRANSPORTATION CHARGE FOR OUTER CONTINENTAL SHELF PRODUCTION. The rate to be charged to any lessee or operator of a lease on the Outer Continental Shelf for transportation of oil or gas produced under the lease on any pipeline from the lease to an onshore sales or delivery point shall not exceed the actual costs of transporting the oil on such pipeline, as determined by the Secretary, plus a reasonable rate of return not to exceed the prime rate. SEC. 6. REVIEW OF COMPLIANCE REGARDING PIPELINE RIGHT-OF-WAY PERMITTEES. (a) Review.--The Secretary shall promptly review and determine the extent to which each holder of a right-of-way or permit under section 28 of the Mineral Leasing Act (30 U.S.C. 185), and each pipeline operator thereunder, has complied with the requirements of the right- of-way or permit and that section in the construction, operation, and maintenance of pipelines under the right-of-way or permit. (b) Matters To Be Reviewed.--In carrying out subsection (a), the Secretary shall determine, among other matters, whether the holder of a right-of-way or permit and each pipeline operator thereunder has complied with requirements regarding publication of tariffs, provision of access to unaffiliated shippers, maintenance of convenient facilities for unaffiliated shippers to deliver and take off oil or gas (as applicable), and charging of just and reasonable tariffs for unaffiliated shippers. (c) Revocation of Right-Of-Way or Permit.--If the Secretary determines that a holder of a right-of-way or permit, or any pipeline operator thereunder, has failed to comply with any requirement referred to in subsection (a), the Secretary shall revoke the right-of-way or permit. SEC. 7. REPEAL OF LIMITATION ON ISSUANCE OF RULES REGARDING VALUATION OF CRUDE OIL FOR ROYALTY PURPOSES. Section 3009 of the 1998 Supplemental Appropriations and Rescissions Act, relating to a limitation on use of appropriations to issue a notice of final rulemaking with respect to the valuation of crude oil for royalty purposes, is repealed.

Federal Oil Royalty Protection Act of 1998 - Authorizes the Secretary of the Interior to establish separate rules to govern the calculation of the value for Federal royalty purposes of crude oil produced by independent and integrated producers from any Federal onshore or Outer Continental Shelf lease. Prescribes requirements and optional features of such rules with respect to: (1) integrated producers; (2) independent producers' gross proceeds; or (3) independent producers' market-based methods. (Sec. 3) Directs the Secretary to establish a single set of rules to govern such calculations if it is determined not to establish separate rules. (Sec. 4) Declares all royalty rate reductions for stripper and heavy oil granted by the Secretary for oil produced from any Federal onshore lease cancelled as of the first day of the first production month following enactment of this Act. Requires a lessee to remit royalties at the rate established under its lease as of the first full production month following enactment of this Act. Retains existing royalty rate reductions for stripper and heavy oil applicable to independent producers' leases until September 1999 or (if earlier) cancellation by the Secretary. Authorizes the Secretary to grant royalty rate reductions under specified circumstances. (Sec. 5) Prohibits the rate charged to any Outer Continental Shelf lessee or lease operator for oil or gas transportation on any pipeline from the lease to an onshore sales or delivery point from exceeding actual oil pipeline transportation costs as determined by the Secretary, plus a reasonable rate of return not to exceed the prime rate. (Sec. 6) Directs the Secretary to: (1) promptly review and determine the extent to which each Mineral Leasing Act holder of a right-of-way or permit, and each pipeline operator, has complied with specified statutory requirements; and (2) revoke such right-of-way or permit for non-compliance with such Act. (Sec. 7) Amends the 1998 Supplemental Appropriations and Rescissions Act to repeal the prohibition on the use of appropriations to issue a notice of final rulemaking before October 1, 1998, with respect to crude oil valuation for royalty purposes.

Federal Oil Royalty Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Homes and Eliminating Liabilities Through Encouraging Readiness Act'' or the ``SHELTER Act''. SEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR HURRICANE AND TORNADO MITIGATION PROPERTY. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. HURRICANE AND TORNADO MITIGATION PROPERTY. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed under subsection (a) for any taxable year shall not exceed $5,000. ``(c) Qualified Hurricane and Tornado Mitigation Expenditure.--For purposes of this section-- ``(1) In general.--The term `qualified hurricane and tornado mitigation property expenditure' means an expenditure for property-- ``(A) to improve the strength of a roof deck attachment, ``(B) to create a secondary water barrier to prevent water intrusion, ``(C) to improve the durability of a roof covering, ``(D) to brace gable-end walls, ``(E) to reinforce the connection between a roof and supporting wall, ``(F) to protect openings from penetration by windborne debris, or ``(G) to protect exterior doors and garages, in a qualified dwelling unit located in the United States and owned by the taxpayer. ``(2) Qualified dwelling unit.--The term `qualified dwelling unit' means a dwelling unit that is assessed at a value that is less than $1,000,000 by the locality in which such dwelling unit is located and with respect to the taxable year for which the credit described in subsection (a) is allowed. ``(d) Limitation.--An expenditure shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector. ``(e) Labor Costs.--For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. ``(f) Inspection Costs.--For purposes of this section, expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year.''. (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. Hurricane and tornado mitigation property.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 3. BUSINESS-RELATED CREDIT FOR HURRICANE AND TORNADO MITIGATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45R the following new section: ``SEC. 45S. HURRICANE AND TORNADO MITIGATION CREDIT. ``(a) General Rule.--For purposes of section 38, the hurricane and tornado mitigation credit determined under this section for any taxable year is an amount equal to 25 percent of the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. ``(b) Maximum Credit.--The amount of the credit determined under subsection (a) for any taxable year shall not exceed $5,000. ``(c) Qualified Hurricane and Tornado Mitigation Expenditure.--For purposes of this section-- ``(1) In general.--The term `qualified hurricane and tornado mitigation property expenditure' means an expenditure for property-- ``(A) to improve the strength of a roof deck attachment, ``(B) to create a secondary water barrier to prevent water intrusion, ``(C) to improve the durability of a roof covering, ``(D) to brace gable-end walls, ``(E) to reinforce the connection between a roof and supporting wall, ``(F) to protect openings from penetration by windborne debris, or ``(G) to protect exterior doors and garages, in a qualified place of business located in the United States and owned by the taxpayer. ``(2) Qualified place of business.--The term `qualified place of business' means a place of business that is assessed at a value that is less than $5,000,000 by the locality in which such business is located and with respect to the taxable year for which the credit described in subsection (a) is allowed. ``(d) Limitation.--An expenditure shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector. ``(e) Labor Costs.--For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. ``(f) Inspection Costs.--For purposes of this section, expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the hurricane and tornado mitigation credit determined under section 45S(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 45R the following new item: ``Sec. 45S. Hurricane and tornado mitigation credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Strengthening Homes and Eliminating Liabilities Through Encouraging Readiness Act or the SHELTER Act Amends the Internal Revenue Code to allow individual and business taxpayers a tax credit for 25% of their qualified hurricane and tornado mitigation property expenditures up to $5,000 for any taxable year. Defines such expenditures as expenditures in a dwelling unit or place of business for property to improve the strength of a roof deck attachment, create a secondary water barrier, improve the durability of a roof covering, brace gable-end walls, reinforce the connections between a roof and supporting wall, protect against windborne debris, or protect exterior doors and garages.

SHELTER Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Apprenticeship Act''. SEC. 2. PRE-APPRENTICESHIP AND APPRENTICESHIP PROGRAMS. (a) Definitions.--In this Act: (1) Apprenticeship.--The term ``apprenticeship'' means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (2) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) Pre-apprenticeship.--The term ``pre-apprenticeship'', used with respect to a program, means an initiative or set of strategies that-- (A) is designed to prepare individuals to enter and succeed in an apprenticeship program; (B) is carried out by a sponsor described in paragraph (6)(B) that has a documented partnership with one or more sponsors of apprenticeship programs; and (C) includes each of the following: (i) Training (including a curriculum for the training), aligned with industry standards related to apprenticeships, and reviewed and approved annually by sponsors of the apprenticeships within the documented partnership, that will prepare individuals by teaching the skills and competencies needed to enter one or more apprenticeship programs. (ii) Provision of hands-on training and theoretical education to individuals that-- (I) is carried out in a manner that includes proper observation of supervision and safety protocols; and (II) is carried out in a manner that does not displace a paid employee. (iii) A formal agreement with a sponsor of an apprenticeship program that would enable participants who successfully complete the pre- apprenticeship program to enter directly into the apprenticeship program (if a place in the program is available and if the participant meets the qualifications of the apprenticeship program), and includes agreements concerning earning credit recognized by a postsecondary educational institution for skills and competencies acquired during the pre- apprenticeship program. (4) Related instruction.--The term ``related instruction'' means an organized and systematic form of instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the occupation of the apprentice or the instruction needed to prepare an individual to enter and succeed in an apprenticeship program. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) Sponsor.--The term ``sponsor'' means-- (A) with respect to an apprenticeship program, an employer, joint labor-management partnership, trade association, professional association, labor organization, or other entity, that administers the apprenticeship program; and (B) with respect to a pre-apprenticeship program, a local educational agency, a secondary school, an area career and technical education school, a State board, a local board, or a community-based organization, with responsibility for the pre-apprenticeship program. (7) Workforce innovation and opportunity act definitions.-- The terms ``area career and technical education school'', ``community-based organization'', ``individual with a barrier to employment'', ``local board'', ``local educational agency'', ``secondary school'', and ``State board'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (b) Grants for Tuition Assistance.-- (1) In general.--The Secretary may make grants to States on a competitive basis to assist the States in, and pay for the Federal share of the cost of, carrying out projects that defray the cost of related instruction associated with pre- apprenticeship and apprenticeship programs. (2) Application.--To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary for such a project at such time, in such manner, and containing a strategic plan that contains such information as the Secretary may require, including-- (A) information identifying the State agency that will administer the grant as determined by the Governor of the State; (B) a description of strategies that the State entity will use to collaborate with key industry representatives, State agencies, postsecondary educational institutions, labor-management entities, and other relevant partners to launch or expand pre- apprenticeships and apprenticeships; (C) a description of how the State entity will-- (i) coordinate activities carried out under this subsection with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) to support pre- apprenticeships and apprenticeships; and (ii) leverage funds provided under the Acts specified in clause (i) to support pre- apprenticeships and apprenticeships; and (iii) utilize, and encourage individual participants in programs supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), education assistance benefits available to veterans, and Federal Pell Grants available under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a), prior to using assistance made available under this Act; (D) a description of strategies to elevate apprenticeships as a workforce solution in both traditional and nontraditional industries, such as information technology, health care, advanced manufacturing, construction trades, transportation, and other industries determined to be high-demand by the State board for the State; (E) a description of activities that the State entity will carry out to build awareness about the economic potential of apprenticeships; (F) a description that outlines how the State entity will increase opportunities for pre- apprenticeships and apprenticeships among members of minority groups, youth, individuals with disabilities, veterans, and individuals with barriers to employment; (G) information describing-- (i) how the State entity will meet performance measures, and comply with an evaluation system and reporting requirements, established by the Secretary under paragraph (6); and (ii) at the election of the State, any State performance measures and goals that the State will use to measure the effectiveness of the project; and (H) in the case of a State that has already received a grant under this subsection for a project, information indicating that the State met the performance measures with respect to the project. (3) Application review process.--A joint team of employees from the Department of Labor and the Department of Education shall-- (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. (4) Use of funds.--A State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. (B) Cost of textbooks, equipment, curriculum development, and other required educational materials. (C) Costs of any other item or service determined by the State to be necessary. (5) Administrative costs.--The State may use not more than 10 percent of the grant funds for administrative costs relating to carrying out the project described in paragraph (1). (6) Performance and evaluation.--The Secretary, after consultation with the Secretary of Education, shall-- (A) establish performance measures based on indicators set by the Administrator of the Office of Apprenticeship of the Department of Labor; and (B) establish an evaluation system aligned with the performance measures, and reporting requirements for the program carried out under this subsection. (c) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (b)(1) shall be not less than 20 percent and not more than 50 percent. (2) Non-federal share.--The State may make the non-Federal share available-- (A) in cash or in kind, fairly evaluated, including plant, equipment, or services; and (B) directly or through donations from public or private entities. (d) Report.--The Secretary shall prepare and submit to Congress, not later than September 30, 2021, a report-- (1) detailing the results of the evaluation described in subsection (b)(6)(B); and (2) analyzing the extent to which States have used grant funds effectively under this section. (e) Policy of the United States.--It is the policy of the United States that funds made available under this section should be used to supplement and not supplant other funds available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3102 et seq.) and other Federal and State funds available to the State to support workforce development programs. SEC. 3. IDENTIFYING IN-DEMAND OCCUPATIONS. The Secretary shall-- (1) identify in-demand occupations nationally and regionally that lack the use of apprenticeships; (2) analyze the use of the apprenticeship model in those identified in-demand occupations; and (3) prepare and submit to States and Congress a report that contains the analysis described in paragraph (2). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $15,000,000 for each of fiscal years 2017 through 2022.

American Apprenticeship Act This bill directs the Department of Labor to make competitive grants to assist states in, and to pay for the federal share of between 20% and 50% of the cost of, carrying out projects that defray the cost of instruction associated with pre-apprenticeship and apprenticeship programs. The bill defines: (1) "apprenticeship" as one registered under the National Apprenticeship Act of 1937; and (2) "pre-apprenticeship" as an initiative or set of strategies that provides training, that is designed to prepare individuals to enter and succeed in an apprenticeship program, and that includes a formal agreement enabling participants who complete it to enter an apprenticeship program with an employer, joint labor-management partnership, trade association, professional association, labor organization, or other entity and agreements concerning earning credit recognized by a postsecondary educational institution. A joint team of employees from Labor and the Department of Education shall review, and make recommendations regarding approval of, grant applications. A state that receives a grant shall use the funds to defray related costs of tuition and fees, textbooks, equipment, curriculum development, and other required educational materials. Labor shall: (1) establish performance measures and an evaluation system for such grant program; and (2) identify in-demand occupations that lack the use of apprenticeships, analyze the use of the apprenticeship model in those occupations, and report on such analysis to states and Congress.

American Apprenticeship Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco Accountability Act''. SEC. 2. TOBACCO ACCOUNTABILITY BOARD. (a) Establishment.--There is established an independent board to be known as the Tobacco Accountability Board. (b) Membership.--The Board shall consist of 5 members with expertise relating to tobacco and public health. The members, including the chair, shall be appointed by the Secretary of Health and Human Services. The initial members of the Board shall be appointed by the Secretary within 30 days of the date of the enactment of this Act. A member of the Board may be removed by the Secretary only for neglect of duty or malfeasance in office. (c) Terms.--The term of office of a member of the Board shall be 6 years, except that the members first appointed shall have terms of 2, 3, 4, and 5 years, respectively, as determined by the Secretary. SEC. 3. DISCLOSURE OF TOBACCO INDUSTRY DOCUMENTS. (a) Submission by Manufacturers.--Not later than 3 months after the date of the enactment of this Act and thereafter as required by the Board, each tobacco manufacturer shall submit to the Board a copy of all documents in the manufacturer's possession-- (1) relating to-- (A) any health effects, including addiction, caused by the use of tobacco products; (B) the manipulation or control of nicotine in tobacco products; or (C) the sale or marketing of tobacco products to children; or (2) produced, or ordered to be produced, by the tobacco manufacturer in the case entitled State of Minnesota v. Philip Morris, Inc, Civ. Action No. C1-94-8565 (Ramsey County, Minn.) including attorney-client and other documents produced or ordered to be produced for in camera inspection. (b) Disclosure by the Board.--Not later than 6 months after the date of the enactment of this Act and thereafter as required by the Board, the Board shall, subject to subsection (c), make available to the public the documents submitted under subsection (a). (c) Protection of Trade Secrets.--The Board, members of the Board, and staff of the Board shall not disclose information that is entitled to protection as a trade secret unless the Board determines that disclosure of such information is necessary to protect the public health. This subsection shall not prevent the disclosure of relevant information to other Federal agencies or to committees of the Congress. SEC. 4. INVESTIGATION AND ANNUAL REPORTS. The Board shall investigate all matters relating to the tobacco industry and public health and report annually on the results of the investigation to Congress. Each annual report to Congress shall, at a minimum, disclose-- (1) any efforts by tobacco manufacturers to conceal research relating to the adverse health effects or addiction caused by the use of tobacco products; (2) any efforts by tobacco manufacturers to mislead the public or any Federal, State, or local elected body, agency, or court about the adverse health effects or addiction caused by the use of tobacco products; (3) any efforts by tobacco manufacturers to sell or market tobacco products to children; and (4) any efforts by tobacco manufacturers to circumvent, repeal, modify, impede the implementation of, or prevent the adoption of any Federal, State, or local law or regulation intended to reduce the adverse health effects or addiction caused by the use of tobacco products. SEC. 5. TOBACCO MANUFACTURER BOARD MEETINGS. Each tobacco manufacturer shall permit a representative designated by the Board to attend and participate in all meetings of the board of directors of the tobacco manufacturer, including any executive session or committee meetings thereof. Each tobacco manufacturer shall provide the representative designated by the Board a copy of all documents or other information provided by the tobacco manufacturer to any director of the manufacturer who is not an employee of the manufacturer. SEC. 6. AUTHORITIES. The Board, any member of the Board, or staff designated by the Board may hold hearings, administer oaths, require the testimony or deposition of witnesses, the production of documents, or the answering of interrogatories, or, upon presentation of the proper credentials, enter and inspect facilities. SEC. 7. ENFORCEMENT. (a) Responsibilities of Tobacco Manufacturers.--Notwithstanding any other provision of law, tobacco manufacturers shall provide any testimony, deposition, documents, or other information, answer any interrogatories, and allow any entry or inspection required pursuant to this Act, except to the extent that a constitutional privilege protects the tobacco manufacturer from complying with such requirement. (b) Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(x) The failure to comply with any requirement under the Tobacco Accountability Act.''. SEC. 8. ADMINISTRATION. (a) Staff.--The Chair shall exercise the executive and administrative functions of the Board and shall have the authority to hire such staff as may be necessary for the operation of the Board. (b) Salaries.--The members of the Board shall receive such salary and benefits as the Secretary deems necessary, except that the salary of the Chair shall not be less than level III of the Executive Schedule (5 U.S.C. 5314). SEC. 9. DEFINITIONS. For purposes of this Act: (1) Board.--The term ``Board'' means the Tobacco Accountability Board. (2) Manufacture.--The term ``manufacture'' means the manufacturing, including repacking or relabeling, fabrication, assembly, processing, labeling, or importing of a tobacco product. (3) Tobacco manufacturer.--The term ``tobacco manufacturer'' means-- (A) any person who manufactures a tobacco product; or (B) the Tobacco Institute, the Council for Tobacco Research, the Smokeless Tobacco Council, the Center for Indoor Air Research, or any other trade association or entity that is primarily funded by persons who manufacture a tobacco product.

Tobacco Accountability Act - Establishes the Tobacco Accountability Board. Requires tobacco manufacturers to submit to the Board within a specified time all documents in their possession relating to: (1) health effects of tobacco use, including addiction; (2) control of nicotine in tobacco products; (3) tobacco product marketing to children; and (4) a specified legal action. Requires the Board to: (1) make such information available to the public within a specified time; and (2) investigate and report annually on all matters relating to the tobacco industry. Requires tobacco manufacturers to permit a Board-designated representative to attend and participate in their board or executive meetings. Amends the Federal Food, Drug, and Cosmetic Act to require compliance with this Act.

Tobacco Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wind Energy Research and Development Act of 2009''. SEC. 2. WIND ENERGY RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--The Secretary of Energy shall carry out a program of research and development to-- (1) improve the energy efficiency, reliability, and capacity of wind turbines; (2) optimize the design and adaptability of wind energy systems to the broadest practical range of atmospheric conditions; and (3) reduce the cost of construction, generation, and maintenance of wind energy systems. (b) Program.--The program under this section shall focus on research and development of-- (1) new materials and designs to make larger, lighter, less expensive, and more reliable rotor blades; (2) technologies to improve gearbox performance and reliability; (3) automation, materials, and assembly of large-scale components to reduce manufacturing costs; (4) low-cost transportable towers greater than 100 meters in height to capitalize on improved wind conditions at higher elevations; (5) advanced computational modeling tools to improve-- (A) the reliability of aeroelastic simulations of wind energy systems; (B) understanding of the interaction between each wind turbine component; (C) siting of wind energy systems to maximize efficiency and minimize variable generation; (D) integration of wind energy systems into the existing electric grid to ensure reliability; and (E) understanding of the wake effect between upwind and downwind turbine operations; (6) advanced control systems and blade sensors to improve performance and reliability under a wide variety of wind conditions; (7) advanced generators, including-- (A) medium-speed and low-speed generators; (B) direct-drive technology; and (C) the use of advanced magnets in generator rotors; (8) wind technology for offshore applications; (9) methods to assess and mitigate the effects of wind energy systems on radar and electromagnetic fields; (10) wind turbines with a maximum electric power production capacity of 100 kilowatts or less; (11) technical processes to enable-- (A) scalability of transmission from remotely located renewable resource rich areas; and (B) optimization of advanced infrastructure design, including high voltage transmission; and (12) other research areas as determined by the Secretary. SEC. 3. WIND ENERGY DEMONSTRATION PROGRAM. (a) In General.--The Secretary of Energy shall conduct a wind energy demonstration program. In carrying out this section, the Secretary shall ensure that-- (1) the program is of sufficient size and geographic diversity to measure wind energy system performance under the full productive range of wind conditions in the United States; (2) demonstration projects carried out under this program are-- (A) conducted in collaboration with industry and, as appropriate, with academic institutions; and (B) located in various geographic areas representing various wind class regimes; and (3) data collected from demonstration projects carried out under this program is useful for carrying out section 2(b). (b) Cost-Sharing.--The Secretary shall carry out the program under this section in compliance with section 988(a) through (d) and section 989 of the Energy Policy Act of 2005 (42 U.S.C. 16352(a) through (d) and 16353). SEC. 4. EQUAL OPPORTUNITY. In carrying out this Act, the Secretary of Energy shall-- (1) coordinate with the Office of Minority Economic Impact and with the Office of Small and Disadvantaged Business Utilization; and (2) provide special consideration to applications submitted by institutions, businesses, or entities containing majority representation by individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b). SEC. 5. COMPETITIVE AWARDS. Awards under section 2 and section 3 shall be made on a competitive basis with an emphasis on technical merit. SEC. 6. COORDINATION AND NONDUPLICATION. To the maximum extent practicable the Secretary of Energy shall coordinate activities under this Act with other programs of the Department of Energy and other Federal research programs. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Energy to carry out this Act $200,000,000 for each of the fiscal years 2010 through 2014. Passed the House of Representatives September 9, 2009. Attest: LORRAINE C. MILLER, Clerk.

Wind Energy Research and Development Act of 2009 - Directs the Secretary of Energy to carry out a research and development program to: (1) improve the energy efficiency, reliability, and capacity of wind turbines; (2) optimize the design and adaptability of wind energy systems to the broadest practical range of atmospheric conditions; and (3) reduce the cost of construction, generation, and maintenance of such systems. Directs the Secretary to conduct a wind energy demonstration program to measure wind energy system performance under the full productive range of wind conditions in the United States. Requires awards under such programs to be made on a competitive basis with an emphasis on technical merit. Requires the Secretary, in carrying out this Act, to: (1) coordinate with the Office of Minority Economic Impact and with the Office of Small and Disadvantaged Business Utilization; and (2) provide special consideration to applications submitted by institutions, businesses, or entities containing majority representation of women, minorities, or persons with disabilities in science and engineering. Authorizes appropriations.

To provide for a program of wind energy research, development, and demonstration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Community Outreach Grant Program Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Following the human suffering and devastation caused by Hurricanes Rita and Katrina, the Federal Government and State and local governments have responded to public concerns about flood safety by increasing resources to improve flood protection measures in communities throughout the United States. (2) In the year since these disasters, the Federal Government has directed $7,000,000,000 in emergency supplemental spending to restoring and strengthening hurricane protection in Louisiana and the Gulf Coast as well as $1,900,000,000 from the annual budget of the U.S. Army Corps of Engineers for flood control and hurricane protection measures across the Nation. (3) While improving this infrastructure is essential to a comprehensive approach to flood protection, communities must be encouraged to better assess their flood risk and better inform the public about the importance of maintaining flood insurance protection. (4) To reduce the flood risk to communities in the United States, the National Flood Insurance Program (NFIP) must be solvent and more effective. (5) To achieve these goals, the Federal Emergency Management Agency (FEMA), which administers the NFIP, should work with communities to communicate directly with the people who live and work in the Nation's floodplains on issues concerning flood risk and flood protection. (6) More than 20,000 communities currently participate in the NFIP and nearly all of these communities have properties that are located in special flood hazard areas--areas in which Federal law requires that property owners purchase flood insurance coverage before they can obtain a mortgage loan from a federally regulated lender. (7) Despite this mandatory purchase requirement, a FEMA- commissioned study by the RAND Corporation found that 20 to 25 percent of property owners in special flood hazard areas who have a mortgage from a federally regulated lender and are required to purchase flood insurance do not carry a policy. (8) In the next few years, the number of communities that participate in the NFIP will increase, as FEMA's flood map modernization program reassesses the flood risk to communities throughout the Nation. (9) As the map modernization program brings new communities under the flood insurance mandatory purchase requirement, FEMA should partner with these communities to educate property owners, business owners, and property renters about the nature of the flood risk in their area and the importance of maintaining flood insurance protection. (10) In addition to improving public awareness of flood risk and flood insurance, many communities that undertake outreach activities can qualify for reduced flood insurance premiums under the NFIP's community rating system program. (11) Flood risk is not limited to properties that are located in special flood hazard areas, and many properties that are no longer subject to the mandatory purchase requirement remain at risk of flooding, especially in areas that are protected by levees. (12) FEMA estimates that between 20 and 25 percent of all claims paid by the NFIP are for claims on properties located outside of these special flood hazard areas. (13) Thus, a property's release from the Federal flood insurance purchase requirement does not mean that the property is no longer subject to risk of flooding. (14) In communities where properties have been released from this Federal requirement, outreach activities can help to educate the public about the importance of voluntarily maintaining flood insurance coverage, including the potential availability of low-cost preferred risk policies. (15) Many property owners who own a home or building that is located in an area that is subject to moderate-to-low risk of flooding are unaware that they may qualify for the low-cost, preferred risk flood insurance--a product of the NFIP. (16) By partnering with local flood control authorities, FEMA can better promote flood safety and flood insurance and, in communities with properties that are no longer subject to the mandatory purchase requirement, retain a higher number of NFIP policies. (17) Reducing the number of uninsured property owners in communities that are subject to flood risk will reduce the fiscal effects of a flood disaster to both property owners and the Federal Government. (b) Purpose.--It is the purpose of this Act to establish a flood insurance outreach and education grants program that provides resources to communities for educating property owners and renters on flood insurance options while strengthening the national flood insurance program. SEC. 3. FLOOD INSURANCE OUTREACH GRANTS. Chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) is amended by adding at the end the following new section: ``SEC. 1325. GRANTS FOR OUTREACH TO PROPERTY OWNERS AND RENTERS. ``(a) In General.--The Director may, to the extent amounts are made available pursuant to subsection (h), make grants to local governmental agencies responsible for floodplain management activities (including such agencies of Indians tribes, as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) in communities that participate in the national flood insurance program under this title, for use by such agencies to carry out outreach activities to encourage and facilitate the purchase of flood insurance protection under this Act by owners and renters of properties in such communities and to promote educational activities that increase awareness of flood risk reduction. ``(b) Outreach Activities.--Amounts from a grant under this section shall be used only for activities designed to-- ``(1) identify owners and renters of properties in communities that participate in the national flood insurance program, including owners of residential and commercial properties; ``(2) notify such owners and renters when their properties become included in, or when they are excluded from, an area having special flood hazards and the effect of such inclusion or exclusion on the applicability of the mandatory flood insurance purchase requirement under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) to such properties; ``(3) educate such owners and renters regarding the flood risk and reduction of this risk in their community, including the continued flood risks to areas that are no longer subject to the flood insurance mandatory purchase requirement; ``(4) educate such owners and renters regarding the benefits and costs of maintaining or acquiring flood insurance, including, where applicable, lower-cost preferred risk policies under this title for such properties and the contents of such properties; and ``(5) encouraging such owners and renters to maintain or acquire such coverage. ``(c) Cost Sharing Requirement.-- ``(1) In general.--In any fiscal year, the Director may not provide a grant under this section to a local governmental agency in an amount exceeding 3 times the amount that the agency certifies, as the Director shall require, that the agency will contribute from non-Federal funds to be used with grant amounts only for carrying out activities described in subsection (b). ``(2) Non-federal funds.--For purposes of this subsection, the term `non-Federal funds' includes State or local government agency amounts, in-kind contributions, any salary paid to staff to carry out the eligible activities of the grant recipient, the value of the time and services contributed by volunteers to carry out such services (at a rate determined by the Director), and the value of any donated material or building and the value of any lease on a building. ``(d) Administrative Cost Limitation.--Notwithstanding subsection (b), the Director may use not more than 5 percent of amounts made available under subsection (g) to cover salaries, expenses, and other administrative costs incurred by the Director in making grants and provide assistance under this section. ``(e) Application and Selection.-- ``(1) In general.--The Director shall provide for local governmental agencies described in subsection (a) to submit applications for grants under this section and for competitive selection, based on criteria established by the Director, of agencies submitting such applications to receive such grants. ``(2) Selection considerations.--In selecting applications of local government agencies to receive grants under paragraph (1), the Director shall consider-- ``(A) the existence of a cooperative technical partner agreement between the local governmental agency and the Federal Emergency Management Agency; ``(B) the history of flood losses in the relevant area that have occurred to properties, both inside and outside the special flood hazards zones, which are not covered by flood insurance coverage; ``(C) the estimated percentage of high-risk properties located in the relevant area that are not covered by flood insurance; ``(D) demonstrated success of the local governmental agency in generating voluntary purchase of flood insurance; and ``(E) demonstrated technical capacity of the local governmental agency for outreach to individual property owners. ``(f) Direct Outreach by FEMA.--In each fiscal year that amounts for grants are made available pursuant to subsection (g), the Director may use not more than 50 percent of such amounts to carry out, and to enter into contracts with other entities to carry out, activities described in subsection (b) in areas that the Director determines have the most immediate need for such activities. ``(g) Reporting.--Each local government agency that receives a grant under this section, and each entity that receives amounts pursuant to subsection (f), shall submit a report to the Director, not later than 12 months after such amounts are first received, which shall include such information as the Director considers appropriate to describe the activities conducted using such amounts and the effect of such activities on the retention or acquisition of flood insurance coverage. ``(h) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section $50,000,000 for each of fiscal years 2007 through 2011.''.

Flood Insurance Community Outreach Grant Program Act of 2006 - Amends the National Flood Insurance Act of 1968 to authorize the Director of the Federal Emergency Management Agency (FEMA) to make grants to local governmental agencies responsible for floodplain management activities in communities that participate in the national flood insurance program for: (1) outreach activities to encourage and facilitate the purchase of flood insurance protection by owners and renters of properties in such communities; and (2) educational activities that increase awareness of flood risk reduction. Permits grant funds to be used to: (1) identify such property owners and renters; (2) notify them when their properties become included in, or are excluded from, an area having special flood hazards about the effect of such inclusion or exclusion on the applicability of the mandatory flood insurance purchase requirement; (3) educate them regarding the flood risk and reduction of risk in their community and regarding the benefits and costs of flood insurance; and (4) encourage them to maintain or acquire coverage. Sets forth requirements regarding cost-sharing and limits on administrative costs. Requires the Director to provide for such agencies to submit applications for grants and for competitive selection, based on criteria established by the Director. Lists selection considerations. Authorizes the Director to use up to 50% of amounts available for grants in each fiscal year in areas determined to have the most immediate need for such activities.

To authorize the Director of the Federal Emergency Management Agency to make grants to communities to be used for outreach efforts to encourage participation in the national flood insurance program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Organ Mountains National Monument Establishment Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) City.--The term ``City'' means the city of Las Cruces, New Mexico. (2) County.--The term ``County'' means Dona Ana County, New Mexico. (3) Management plan.--The term ``management plan'' means the management plan developed pursuant to this Act. (4) Map.--The term ``map'' means the map titled ``Organ Mountains National Monument'' and dated February 6, 2013. (5) Monument.--The term ``monument'' means the national monument established by this Act. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (7) State director.--The term ``State Director'' means the New Mexico State Director of the Bureau of Land Management. (8) State.--The term ``State'' means the State of New Mexico. SEC. 3. WATER RIGHTS. Nothing in this Act shall-- (1) constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the lands within the monument; or (2) affect any water rights existing on the date of the enactment of this Act, including any water right held by the United States. SEC. 4. ESTABLISHMENT OF MONUMENT. (a) In General.--There is established the Organ Mountains monument in the State. (b) Area Included.--The monument shall consist of approximately 54,800 acres of public land in Dona Ana County in the State, as generally depicted on the map. SEC. 5. PURPOSES. The purposes of the monument are to conserve, protect, and enhance the cultural, traditional, archaeological, natural, ecological, geological, historical, wildlife, livestock, watershed, educational, recreational, and scenic resources of the monument for the benefit and enjoyment of present and future generations. SEC. 6. MANAGEMENT OF MONUMENT. (a) In General.--The Secretary shall manage the monument-- (1) in a manner that conserves, protects, and enhances the resources of the monument; and (2) in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable laws. (b) Uses.-- (1) In general.--The Secretary shall allow only such uses of the monument that the Secretary determines would further the purposes described in section 5. (2) Use of motorized vehicles.--Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the monument shall be permitted only on roads designated for use by motorized vehicles in the management plan. Nothing in this Act precludes the use of motorized vehicles or mechanical equipment for the construction or maintenance of range improvements or the performance of standard ranching operations or for the construction, maintenance, operation, or management of flood control or water conservation systems. (3) New roads.--No additional road shall be built within the monument after the date of the enactment of this Act unless the Secretary determines that the road is necessary for public safety or natural resource protection. (c) Grazing.--The Secretary shall issue any grazing leases or permits in the monument in accordance with the same laws and executive orders that apply to issuance by the Secretary of grazing leases and permits on other land under the jurisdiction of the Bureau of Land Management. (d) Utility Right-of-Ways.--Nothing in this section precludes the Secretary from authorizing, renewing or upgrading (including widening) a utility right-of-way through the monument in a manner that minimizes harm to the purposes of the monument in accordance with-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) any other applicable law; and (3) such terms and conditions as the Secretary determines to be appropriate. SEC. 7. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall develop a management plan for the monument. (b) Consultation.--The management plan shall be developed in consultation with-- (1) State, tribal, and local governments; (2) the public; and (3) interested Federal agencies. SEC. 8. GENERAL PROVISIONS. (a) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file the map and legal description of the monument. (2) Force and effect.--The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the map and legal description. (3) Public availability.--The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of-- (A) the Bureau of Land Management; and (B) the Office of the County Clerk of Dona Ana County, New Mexico. (4) Fish and wildlife.--Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State. (5) No buffer zones.-- (A) In general.--There shall be no buffer zone around a monument. (B) Activities outside the monument.--The fact that an activity or use of land is not permitted on land within a monument shall not preclude the activity or use outside the boundary of the monument or on private or State land within the monument, consistent with other applicable laws. (6) Withdrawals.--Subject to valid existing rights (including lease rights), all Federal land within the monument and any land and interests in land acquired for the monument by the United States after the date of the enactment of this Act are withdrawn from-- (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 9. HUNTING AND TRAPPING. (a) In General.--The Secretary shall allow hunting and trapping in the monument. (b) Limitations.-- (1) Regulations.--The Secretary may designate by regulation areas in the monument in which, and establish periods during which no hunting or trapping will be allowed for reasons of public safety, administration, or compliance with applicable laws. (2) Consultation.--The Secretary shall obtain the concurrence of the appropriate State agency before promulgating regulations under paragraph (1) that close a portion of the monument to hunting or trapping. SEC. 10. RELEASE OF WILDERNESS STUDY AREA. For purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the Federal land in the following has been adequately studied for wilderness designation and shall no longer be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)): (1) The Organ Mountains Wilderness Study Area. (2) The Organ Needles Wilderness Study Area. (3) The Pena Blanca Wilderness Study Area. SEC. 11. LAW ENFORCEMENT. Nothing in this Act, or regulations issued in furtherance of this Act, shall prevent Federal, State, or local law enforcement personnel from having unfettered access to the entire monument, including the use of motorized vehicles and specialized equipment. SEC. 12. NATIONAL LANDSCAPE CONSERVATION SYSTEM. The monument designated by this Act shall be administered as a component of the National Landscape Conservation System.

Organ Mountains National Monument Establishment Act - Establishes the Organ Mountains monument in Dona Ana County, New Mexico, to comprise approximately 54,800 acres of public land in the county. States that, the purposes of the monument are the conservation, protection, and enhancement of its cultural, traditional, archaeological, natural, ecological, geological, historical, wildlife, livestock, watershed, educational, recreational, and scenic resources for the benefit and enjoyment of present and future generations. Directs the Secretary of the Interior, through the Bureau of Land Management (BLM), to manage the monument in a manner to conserve, protect, and enhance those resources. Requires the Secretary to develop a management plan for the Organ Mountains monument. Allows hunting and trapping in the monument. Releases the Organ Mountains, Organ Needles, and Pena Blanca Wilderness Study Areas from further study for designation as wilderness and prohibits such Areas from any longer being subject to requirements under the Federal Land Policy and Management Act of 1976 regarding the status of their lands during the period of review and determination of such areas for preservation as wilderness. Requires such monument to be administered as a component of the National Landscape Conservation System.

Organ Mountains National Monument Establishment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Families First Immigration Enforcement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Homeland Security. (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (3) SSA.--The term ``SSA'' means appropriate State social service agencies. SEC. 3. ARREST PROCEDURES. (a) In General.--Any immigration workplace enforcement operation by the Department for alleged violations of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), which is reasonably calculated to apprehend, or results in the apprehension of, at least 50 aliens, shall be carried out in accordance with the procedures described in this section. (b) State Notification.--The Department shall provide State officials with sufficient advance notice of all immigration workplace enforcement operations to allow State law enforcement officials to notify SSA of-- (1) the specific area of the State that will be affected; (2) the languages spoken by employees at the target worksite; and (3) any special needs of the employees. (c) NGO Notification.-- (1) In general.--The Department and SSA shall determine how appropriate nongovernmental organizations will be notified on the day of the enforcement action. (2) Participation.--At the discretion of SSA, representatives of the nongovernmental organization who speak the native language of the aliens detained in the enforcement action may be permitted to participate with SSA officials in interviewing such aliens. (d) Determination of Risk to Relatives.--The Department shall provide SSA with unfettered and confidential access to aliens detained in the enforcement action to assist in the screening and interviews of aliens to determine whether the detainee, the detainee's children, or other vulnerable people, including elderly and disabled individuals, have been placed at risk as a result of the detainee's arrest. (e) Medical Screening.--After SSA officials have met with the alien detainees, qualified medical personnel from the Division of Immigration Health Services of the Department of Health and Human Services shall-- (1) conduct medical screenings of the alien detainees; and (2) identify and report any medical issues that might necessitate humanitarian release or additional care. (f) Consideration of Recommendations.--The Department shall immediately consider recommendations made by SSA and the Division of Immigration Health Services about alien detainees who should be released on humanitarian grounds, including alien detainees who-- (1) have a medical condition that requires special attention; (2) are pregnant women; (3) are nursing mothers; (4) are the sole caretakers of their minor children or elderly relatives; (5) function as the primary contact between the family and those outside the home due to language barriers; (6) are needed to support their spouses in caring for sick or special needs children; (7) have spouses who are ill or otherwise unable to be sole caretaker; or (8) are younger than 18 years of age. (g) Publicity.--The Department shall provide, and advertise in the mainstream and foreign language media, a toll-free number through which family members of alien detainees may report such relationships to operators who speak English and the majority language of the target population of the enforcement operation and will convey such information to the Department and SSA. SEC. 4. DETENTION PROCEDURES. (a) In General.--In order to maximize full and fair visitation by children, immediate family members, and counsel, an alien should be detained, to the extent space is available, in facilities within the physical jurisdiction or catchment area of the local field office of United States Immigration and Customs Enforcement. (b) Release.-- (1) In general.--Not later than 72 hours after an alien's apprehension in an immigration workplace enforcement operation, the alien shall be released from Department custody, in accordance with paragraph (2), if the alien-- (A) is not subject to mandatory detention under section 235(1)(B)(iii)(IV), 236(c), or 236A of the Immigration and Nationality Act (8 U.S.C. 1225(1)(B)(iii)(IV), 1226(c), and 1226a); (B) does not pose an immediate flight risk; and (C) meets any of the criteria set forth in section 3(f). (2) Type of release.--An alien shall be released under this subsection-- (A) on the alien's own recognizance; (B) by posting a minimum bond under section 236(a) of the Immigration and Nationality Act (8 U.S.C. 1226(a)); (C) on parole in accordance with section 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)); or (D) through the Intensive Supervision Appearance Program or another comparable alternative to detention program. SEC. 5. LEGAL ORIENTATION PRESENTATIONS. Any alien arrested in an immigration enforcement operation that is reasonably calculated to apprehend, or results in the apprehension of, at least 50 aliens shall have access to legal orientation presentations provided by independent, nongovernmental agencies through the Legal Orientation Program administered by the Executive Office for Immigration Review. SEC. 6. REGULATIONS CONCERNING THE TREATMENT OF ALIENS IN A VULNERABLE POPULATION IN THE UNITED STATES. Not later than 6 months after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this Act, in accordance with the notice and comment requirements under subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act). SEC. 7. REPORT TO CONGRESS. The Secretary shall submit an annual report that describes all the actions taken by the Department to implement this Act to-- (1) Committee on the Judiciary of the Senate; (2) Committee on the Judiciary of the House of Representatives; (3) the Committee on Homeland Security and Governmental Affairs of the Senate; and (4) the Committee on Homeland Security of the House of Representatives. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Families First Immigration Enforcement Act - Requires the Department of Homeland Security (DHS), in a workplace enforcement operation that is calculated to apprehend or does apprehend at least 50 aliens, to do the following: (1) give state agencies sufficient notice to arrange for representatives who speak the detainees' language and to provide for any special needs; (2) afford access to state social service agencies to screen and interview detainees to determine if medical risks or risks to relatives exist; (3) consider, upon recommendation, the release of detainees on age, medical, or family related humanitarian grounds; and (4) provide a toll-free number for families of detainees to report their relationship to DHS or state social services. Requires that such aliens have access to legal orientation presentations through the Executive Office for Immigration Review's legal orientation program. States that detainees should be held within the jurisdiction of the local U.S. Immigration and Customs Enforcement field office to the extent that space allows. Requires a detainee's release within 72 hours of apprehension if such alien is not subject to mandatory detention, does not pose a flight risk, or is subject to humanitarian release. States that such alien shall be released: (1) on his or her own recognizance; (2) by posting a minimum bond; (3) on parole under the Immigration and Nationality Act; or (4) through the intensive supervision appearance or similar program.

A bill to provide for safe and humane policies and procedures pertaining to the arrest, detention, and processing of aliens in immigration enforcement operations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mammography Quality Standards Reauthorization Act of 1998''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 354(r)(2) of the Public Health Service Act (42 U.S.C. 263b(r)(2)) is amended in each of subparagraphs (A) and (B) by striking ``1997'' and inserting ``2002''. (b) Technical Amendments.--Section 354(r)(2) of the Public Health Service Act (42 U.S.C. 263b(r)(2)) is amended in subparagraph (A) by striking ``subsection (q)'' and inserting ``subsection (p)'', and in subparagraph (B) by striking ``fiscal year'' and inserting ``fiscal years''. SEC. 3. APPLICATION OF CURRENT VERSION OF APPEAL REGULATIONS. Section 354(d)(2)(B) of the Public Health Service Act (42 U.S.C. 263b(d)(2)(B)) is amended by striking ``42 C.F.R. 498 and in effect on the date of the enactment of this section'' and inserting ``part 498 of title 42, Code of Federal Regulations''. SEC. 4. ACCREDITATION STANDARDS. (a) In General.--Section 354(e)(1)(B) of the Public Health Service Act (42 U.S.C. 263b(e)(1)(B)) is amended-- (1) in clause (i), by striking ``practicing physicians'' each place such term appears and inserting ``review physicians''; and (2) in clause (ii), by striking ``financial relationship'' and inserting ``relationship''. (b) Definition.--Section 354(a) of the Public Health Service Act (42 U.S.C. 263b(a)) is amended by adding at the end the following: ``(8) Review physician.--The term `review physician' means a physician as prescribed by the Secretary under subsection (f)(1)(D) who meets such additional requirements as may be established by an accreditation body under subsection (e) and approved by the Secretary to review clinical images under subsection (e)(1)(B)(i) on behalf of the accreditation body.''. SEC. 5. CLARIFICATION OF FACILITIES' RESPONSIBILITY TO RETAIN MAMMOGRAM RECORDS. Section 354(f)(1)(G) of the Public Health Service Act (42 U.S.C. 263b(f)(1)(G)) is amended by striking clause (i) and inserting the following: ``(i) a facility that performs any mammogram-- ``(I) except as provided in subclause (II), maintain the mammogram in the permanent medical records of the patient for a period of not less than 5 years, or not less than 10 years if no subsequent mammograms of such patient are performed at the facility, or longer if mandated by State law; and ``(II) upon the request of or on behalf of the patient, transfer the mammogram to a medical institution, to a physician of the patient, or to the patient directly; and''. SEC. 6. DIRECT REPORTS TO PATIENTS. Section 354(f)(1)(G)(ii) of the Public Health Service Act (42 U.S.C. 263b(f)(1)(G)(ii)) is amended by striking subclause (IV) and inserting the following: ``(IV) whether or not such a physician is available or there is no such physician, a summary of the written report shall be sent directly to the patient in terms easily understood by a lay person; and''. SEC. 7. SCOPE OF INSPECTIONS. Section 354(g)(1)(A) of the Public Health Service Act (42 U.S.C. 263b(g)(1)(A)) is amended in the first sentence-- (1) by striking ``certified''; and (2) by inserting ``the certification requirements under subsection (b) and'' after ``compliance with''. SEC. 8. DEMONSTRATION PROGRAM REGARDING FREQUENCY OF INSPECTIONS. Section 354(g) of the Public Health Service Act (42 U.S.C. 263b(g)) is amended-- (1) in paragraph (1)(E), by inserting ``, subject to paragraph (6)'' before the period; and (2) by adding at the end the following paragraph: ``(6) Demonstration program.-- ``(A) In general.--The Secretary may establish a demonstration program under which inspections under paragraph (1) of selected facilities are conducted less frequently by the Secretary (or as applicable, by State or local agencies acting on behalf of the Secretary) than the interval specified in subparagraph (E) of such paragraph. ``(B) Requirements.--Any demonstration program under subparagraph (A) shall be carried out in accordance with the following: ``(i) The program may not be implemented before April 1, 2001. Preparations for the program may be carried out prior to such date. ``(ii) In carrying out the program, the Secretary may not select a facility for inclusion in the program unless the facility is substantially free of incidents of noncompliance with the standards under subsection (f). The Secretary may at any time provide that a facility will no longer be included in the program. ``(iii) The number of facilities selected for inclusion in the program shall be sufficient to provide a statistically significant sample, subject to compliance with clause (ii). ``(iv) Facilities that are selected for inclusion in the program shall be inspected at such intervals as the Secretary determines will reasonably ensure that the facilities are maintaining compliance with such standards.''. SEC. 9. CLARIFICATION OF AUTHORITY TO DELEGATE INSPECTION RESPONSIBILITY TO LOCAL GOVERNMENT AGENCIES. Section 354 of the Public Health Service Act (42 U.S.C. 263b) is amended-- (1) in subsections (a)(4), (g)(1), (g)(3), and (g)(4), by inserting ``or local'' after ``State'' each place such term appears; (2) in the heading of subsection (g)(3), by inserting ``or local'' after ``state''; and (3) in subsection (i)(1)(D)-- (A) by inserting ``or local'' after ``State'' the first place such term appears; and (B) by inserting ``or local agency'' after ``State'' the second place such term appears. SEC. 10. PATIENT NOTIFICATION CONCERNING HEALTH RISKS. (a) Requirement.--Section 354(h) of the Public Health Service Act (42 U.S.C. 263b(h)) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: ``(2) Patient information.--If the Secretary determines that the quality of mammography performed by a facility (whether or not certified pursuant to subsection (c)) was so inconsistent with the quality standards established pursuant to subsection (f) as to present a significant risk to individual or public health, the Secretary may require such facility to notify patients who received mammograms at such facility, and their referring physicians, of the deficiencies presenting such risk, the potential harm resulting, appropriate remedial measures, and such other relevant information as the Secretary may require.''. (b) Civil Money Penalty.--Section 354(h)(3) of the Public Health Service Act (42 U.S.C. 263b(h)(3)), as redesignated by subsection (a)(1), is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: ``(C) each failure to notify a patient of risk as required by the Secretary pursuant to paragraph (2), and''. (c) Conforming Amendment.--Section 354(h)(4) of the Public Health Service Act (42 U.S.C. 263b(h)(4)), as redesignated by subsection (a)(1), is amended by striking ``paragraphs (1) and (2)'' and inserting ``paragraphs (1) through (3)''. SEC. 11. REQUIREMENT TO COMPLY WITH INFORMATION REQUESTS. Section 354(i)(1)(C) of the Public Health Service Act (42 U.S.C. 263b(i)(1)(C)) is amended-- (1) by inserting after ``Secretary'' the first place such term appears the following: ``(or of an accreditation body approved pursuant to subsection (e))''; and (2) by inserting after ``Secretary'' the second place such term appears the following: ``(or such accreditation body or State carrying out certification program requirements pursuant to subsection (q))''. SEC. 12. ADJUSTMENT TO SEVERITY OF SANCTIONS. Section 354(i)(2)(A) of the Public Health Service Act (42 U.S.C. 263b(i)(2)(A)) is amended by striking ``makes the finding'' and all that follows and inserting the following: ``has reason to believe that the circumstance of the case will support one or more of the findings described in paragraph (1) and that-- ``(i) the failure or violation was intentional; or ``(ii) the failure or violation presents a serious risk to human health.''. SEC. 13. TECHNICAL AMENDMENT. Section 354(q)(4)(B) of the Public Health Service Act (42 U.S.C. 263b(q)(4)(B)) is amended by striking ``accredited'' and inserting ``certified''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Mammography Quality Standards Reauthorization Act of 1998 - Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to the certification of mammography facilities. Requires that appeals from certification denials follow procedures in effect at that time (currently, in effect on a specified date). Requires that standards for accreditation bodies: (1) mandate review of clinical images by qualified review physicians (currently, by qualified practicing physicians); and (2) prohibit those conducting reviews from having any relationship (currently, any financial relationship) with the facility being reviewed that would constitute a conflict of interest. Modifies mammogram record retention requirements. Requires that a summary of the written report regarding a mammography be sent directly to the patient (regardless of whether there is a physician of the patient available) in terms easily understood by a lay person. Allows inspection of facilities (currently, certified facilities) for compliance with certification requirements and mammography quality standards (currently, compliance with mammography quality standards). Authorizes a demonstration program under which inspections are conducted less often than the current minimum of annually. Allows inspections to be conducted by a local agency on behalf of the Secretary of Health and Human Services. Empowers the Secretary to require a facility to notify patients who received mammograms if the Secretary determines the quality was so inconsistent with standards as to present a significant risk to the individual or public health. Authorizes civil money penalties for failure to comply. Allows certificate suspension or revocation for a failure to comply with an accreditation body's requests for records or materials. Modifies requirements for certification suspension before holding a hearing.

Mammography Quality Standards Reauthorization Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Children's Human Rights Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Principle 9 of the Declaration of the Rights of the Child proclaimed by the United Nations General Assembly on November 20, 1959, states that ``. . .the child shall not be admitted to employment before an appropriate minimum age; he shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education, or interfere with his physical, mental, or moral development. . .''. (2) Article 2 of the International Labor Convention No. 138 Concerning Minimum Age For Admission to Employment states that ``The minimum age specified in pursuance of paragraph 1 of this article shall not be less than the age of compulsory schooling and, in any case, shall not be less than 15 years.''. (3) According to the International Labor Organization, an estimated 200,000,000 children under the age of 15 are working in the world, many in dangerous industries like mining and fireworks. (4) Children under the age of 15 constitute approximately 11 percent of the workforce in some Asian countries, 17 percent of the workforce in parts of Africa, and a reported 12 to 26 percent of the workforce in many countries in Latin America. (5) The number of children under the age of 15 who are working, and the scale of their suffering, increases every year, despite the existence of more than 20 international labor organization conventions on child labor and laws in many countries which purportedly prohibit the employment of underage children. (6) In many countries, children under the age of 15 lack either the legal standing or means to protect themselves from exploitation in the workplace. (7) The prevalence of child labor in many developing countries is rooted in widespread poverty that is attributable to unemployment and underemployment, precarious incomes, low living standards, and insufficient education and training opportunities among adult workers. (8) The employment of children under the age of 15 commonly deprives such children of the opportunity for basic education and also denies gainful employment to millions of adults. (9) The employment of children under the age of 15, often at drastically low wages, undermines the stability of families and ignores the importance of increasing jobs, aggregated demand, and purchasing power among adults as a catalyst to the development of internal markets and the achievement of broad- based, self-reliant economic development in many developing countries. SEC. 3. AMENDMENTS TO FOREIGN ASSISTANCE ACT OF 1961. (a) Reporting Requirement.--Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) the United States policy to establish and encourage an international strategy to reduce violations of the human rights of working children, including-- ``(A) a description of the policies adopted, agreements concluded, and programs implemented by the Department of State and Department of Labor in pursuit of their delegated responsibilities for reducing worldwide violations of the human rights of working children, for the fiscal year just ended, for the current fiscal year, and for the next fiscal year, including policy development, bilateral and multilateral funding, and other support for projects designed to reduce violations of the human rights of working children; and ``(B) for each country that receives assistance under this part, the report shall include-- ``(i) a detailed status report on the use of child labor within such country, noting significant changes in conditions, such as increases or decreases in the use of child labor, and changes in the policy of such country toward the use of child labor; ``(ii) a description of United States assistance provided or proposed to be provided to such country for the preceding fiscal year, the current fiscal year, and for the next fiscal year, with an analysis of the impact that the furnishing of each kind of assistance has had or is expected to have on the use of child labor in the country; ``(iii) a description of the plans, programs, and timetables adopted by such country for the progressive elimination of the use of child labor and a discussion of the legal and law enforcement measures taken and the accomplishments achieved in accord with these plans; and ``(iv) a description of bribery of public officials and other forms of public corruption that facilitate violations of the human rights of working children.''. (b) Additional Requirements.--Such Act is further amended by adding at the end of part I the following: ``Chapter 12--International Human Rights of Working Children ``SEC. 499. CONSULTATION REQUIREMENT. ``(a) In General.--As soon as possible after the transmittal of the report required by section 116(d), the Secretary of State, in conjunction with the Secretary of Labor, shall initiate appropriate consultations with the appropriate congressional committees. ``(b) Additional Requirements.--Such consultations shall include the following: ``(1) In-person discussions by designated representatives of the President (including appropriate representatives from the Department of Labor and Department of State) to review the status worldwide of violations of the human rights of working children and the role that United States assistance to those countries violating the human rights of working children have in combating the exploitation of children. ``(2) With respect to each country the President is proposing to provide United States assistance for the next year, the furnishing of-- ``(A) a description of the nature of the violations of the human rights of working children; and ``(B) an analysis of political, economic, and social factors that affect violations of the human rights of working children. ``SEC. 499A. CONGRESSIONAL HEARINGS. ``(a) In General.--After consultations have been initiated pursuant to section 499, it is the sense of the Congress that the appropriate congressional committees should hold hearings to review the human rights of working children provisions of the report transmitted pursuant to section 116(d). ``(b) Type of Hearings.--It is the further sense of the Congress that the hearings described in subsection (a) should be open to the public unless the appropriate congressional committees determine, in accordance with the rules of the House of Representatives or the rules of the Senate, as the case may be, that the hearings should be closed to the public. ``SEC. 499B. ANNUAL CERTIFICATION PROCEDURES. ``(a) Determining Countries Violating the Human Rights of Working Children.-- ``(1) Certification.-- ``(A) In general.--Subject to subparagraph (B), for each fiscal year, any country that desires to receive United States assistance shall certify to the Secretary of State that such country-- ``(i) has adopted and is enforcing laws that guarantee-- ``(I) a prohibition on the use of any form of forced or compulsory child labor; ``(II) a reasonable minimum age for the employment of children; and ``(III) acceptable conditions of work with respect to minimum wages, hours of work, and occupational health and safety relating to child labor; and ``(ii) has taken steps to prevent and punish bribery of public officials and other forms of public corruption which facilitate the abuse of child labor laws. ``(B) Exception.--A country that does not meet the requirements of subparagraph (A) for a fiscal year may receive United States assistance for such fiscal year if the President determines and certifies to the Congress that it is in the vital national interest of the United States to provide such assistance to such country. The President shall include in any such certification-- ``(i) a full and complete description of the vital national interest of the United States that is placed at risk if such assistance is not provided to such country; and ``(ii) a statement weighing the risk described in clause (i) against the risk posed to the vital national interest of the United States by the failure of such country to adopt laws respecting the human rights of working children. ``(2) Review of certification.-- ``(A) Discretionary review.--The Secretary of State may review the certification of any country submitted under paragraph (1)(A). ``(B) Review by petition.-- ``(i) In general.--An individual may submit to the Secretary a petition to review the certification of any country submitted under paragraph (1)(A). ``(ii) Acceptance of review.--If the Secretary determines that a petition submitted under clause (i) contains credible evidence that a country submitted a certification under paragraph (1)(A) in a fraudulent manner, or that the country is not in compliance with any of the requirements contained in such paragraph, then the Secretary shall, not later than 180 days after the receipt of such petition, conduct a review of such certification. ``(iii) Denial of review.--If the Secretary determines that a petition submitted under clause (i) does not contain credible evidence that a country submitted a certification under paragraph (1)(A) in a fraudulent manner, or that the country is not in compliance with any of the requirements contained in such paragraph, then the Secretary shall, not later than 180 days after the receipt of such petition, provide the individual who submitted the petition for review with the reasoning of the decision to deny review of such certification. ``(3) Revocation of certification.-- ``(A) Revocation by secretary.--If the Secretary determines, based upon a review conducted under paragraph (2), that the country is not in compliance with any of the requirements contained in paragraph (1), then the Secretary shall revoke the certification of such country. ``(B) Revocation by congress.--The Congress may enact a joint resolution disapproving the certification for a country submitted under subparagraph (A) or (B) of paragraph (1). ``(b) Withholding of Assistance.-- ``(1) Bilateral assistance.--50 percent of the United States assistance allocated each fiscal year for each country that has not been certified under subsection (a)(1), and for each country for which a certification has been revoked under subsection (a)(3), shall be withheld from obligation and expenditure. ``(2) Multilateral assistance.--The Secretary of the Treasury shall instruct the United States Executive Director of each international financial institution to use the voice and vote of the United States to oppose any loan or other utilization of the funds of their respective institution to or for any country that has not been certified under subsection (a)(1) and for each country for which a certification has been revoked under subsection (a)(3). ``SEC. 499C. DEFINITIONS. ``For purposes of this chapter, the following definitions apply: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(A) the Committee on International Relations of the House of Representatives; and ``(B) the Committee on Foreign Relations of the Senate. ``(2) International financial institution.--The term `international financial institution' means the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the African Development Fund, the International Monetary Fund, the European Bank for Reconstruction and Development, and the International Finance Corporation. ``(3) United states assistance.--The term `United States assistance' means ``(A) any assistance under this Act (including programs under title IV of chapter 2 of this part, relating to the Overseas Private Investment Corporation), other than-- ``(i) disaster relief assistance, including any assistance under chapter 9 of this part; ``(ii) assistance which involves the provision of food (including monetization of food) or medicine; and ``(iii) assistance for refugees; ``(B) sales, or financing on any terms, under the Arms Export Control Act; ``(C) the provision of agricultural commodities, other than food, under the Agricultural Trade Development and Assistance Act of 1954; and ``(D) financing under the Export-Import Bank Act of 1945.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect beginning on the first day of the first fiscal year beginning after the date of the enactment of this Act.

Working Children's Human Rights Act - Amends the Foreign Assistance Act of 1961 to include in the annual report to the Congress on the status of human rights in foreign countries slated to receive development assistance the U.S. policy to establish and encourage an international strategy to reduce worldwide violations of human rights of working children. Requires consultations with specified congressional committees as well as congressional hearings on the findings of such report. Requires any country that desires to receive U.S. assistance to certify to the Secretary of State that it has: (1) adopted and is enforcing laws that guarantee a prohibition on the use of forced child labor; and (2) taken steps to prevent and punish bribery of public officials which facilitate the abuse of child labor laws. Requires the withholding of 50 percent of U.S. assistance allocated for each country that has not been certified or for which a certification has been revoked. Requires the Secretary of the Treasury to instruct the U.S. Executive Director of each international financial institution to oppose any loan to any country that has not been certified or for which a certification has been revoked. Permits assistance to a non-certified country only if the President certifies to the Congress that it in the vital national interest to do so.

Working Children's Human Rights Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Conflicts of Concern Act''. SEC. 2. IDENTIFICATION OF COUNTRIES OF CONFLICT CONCERN. (a) Identification.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report that identifies each country the government of which or anti-government forces in which the President believes, based on all information available to the President, is allowing one or more foreign terrorist organizations to engage in armed conflict that is occurring in such country. (b) Updates.--The President shall update the report required under subsection (a)-- (1) as new information becomes available; and (2) not less frequently than semi-annually. (c) Form.--The report required under subsection (a) and the updates required under subsection (b) shall be submitted in unclassified form, but may contain a classified annex if necessary. SEC. 3. DESIGNATION OF COUNTRIES OF CONFLICT CONCERN. (a) Designation.-- (1) In general.--The President shall designate a country as a ``Country of Conflict Concern'' if the President determines that-- (A) the government of such country or anti- government forces in the country is allowing one or more foreign terrorist organizations to engage in armed conflict that is occurring in such country as identified in the report required under section 2(a) or any update to the report required under section 2(b); and (B) it is in the national security interest of the United States to restrict travel by any United States national to such country and to restrict material support provided by United States nationals to entities that are engaged in armed conflict in such country. (2) Initial designation.--Syria shall be deemed to have been designated by the President under paragraph (1) as of the date of the enactment of this Act and the President is not required to notify Congress of such designation of Syria under subsection (b). (b) Report on Designation.--Upon designating a country as a Country of Conflict Concern under subsection (a), the President shall submit to Congress a report notifying Congress of the designation of the country. (c) Licensing Requirement.-- (1) In general.--With respect to any country designated as a Country of Conflict Concern under subsection (a), the President shall exercise the authorities of the International Emergency Economic Powers Act (50 U.S.C. 1705 et seq.) without regard to section 202 of such Act to require a United States national to obtain a license-- (A) to travel to such country; or (B) to provide material support to entities that are engaged in armed conflict in such country. (2) Exception.--The requirement to obtain a license under paragraph (1) shall not apply with respect to United States national who is a full-time officer or employee of the United States Government for purposes of carrying out official business of the United States Government. (d) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person who violates paragraph (1) or (2) of subsection (c), or a regulation prescribed under this Act, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act (50 U.S.C. 1705(a)). (e) Termination of Designation.--The designation of a country as a Country of Conflict Concern under subsection (a) shall terminate on the date on which the President submits to Congress a report that contains-- (1) a determination and certification that subparagraph (A) or (B) of subsection (a)(1) (as the case may be), or both, no longer applies with respect to the country; and (2) a justification for the determination and certification. SEC. 4. REGULATIONS. The President is authorized to promulgate such regulations as may be necessary to carry out the provisions of this Act, including the promulgation of such regulations under the authority of section 205 of the International Emergency Economic Powers Act (50 U.S.C. 1704). SEC. 5. DEFINITIONS. In this Act: (1) Foreign terrorist organization.--The term ``foreign terrorist organization'' means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (2) United states national.--The term ``United States national'' means-- (A) a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); or (B) an alien who is lawfully present in the United States.

International Conflicts of Concern Act Directs the President to identify to Congress each country whose government is, and each country in which anti-government forces are, allowing one or more foreign terrorist organizations to engage in armed conflict occurring in that country. Directs the President to designate a country as a "country of conflict concern" if: (1) its government or anti-government forces in the country are allowing one or more foreign terrorist organizations to engage in armed conflict in it, and (2) it is in the U.S. national security to restrict travel by any U.S. national to the country and restrict material support by U.S. nationals of entities engaged in armed conflict in it. Terminates such a designation when the President certifies to Congress that either or both of these circumstances no longer apply. Deems Syria to be a country of conflict concern. Directs the President, with respect to a country of conflict concern, to require a U.S. national to obtain a license to: (1) travel to it, or (2) provide material support to entities engaged in armed conflict in it. Applies specified penalties to a person who violates such requirements.

International Conflicts of Concern Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``ADA Education and Reform Act of 2016''. SEC. 2. COMPLIANCE THROUGH EDUCATION. From amounts made available to the Disability Rights Section of the Department of Justice as of the effective date of this Act, the Disability Rights Section of the Department of Justice shall, in consultation with property owners and representatives of the disability rights community, develop a program to educate State and local governments and property owners on effective and efficient strategies for promoting access to public accommodations for persons with a disability (as defined in section 3 of the Americans with Disabilities Act (42 U.S.C. 12102)). Such program may include training for professionals such as Certified Access Specialists to provide guidance about remediation for potential violations of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). SEC. 3. NOTICE AND CURE PERIOD. Paragraph (1) of section 308(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12188(a)(1)) is amended to read as follows: ``(1) Availability of remedies and procedures.-- ``(A) In general.--Subject to subparagraph (B), the remedies and procedures set forth in section 204(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a-3(a)) are the remedies and procedures this title provides to any person who is being subjected to discrimination on the basis of disability in violation of this title or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of section 303. Nothing in this section shall require a person with a disability to engage in a futile gesture if such person has actual notice that a person or organization covered by this title does not intend to comply with its provisions. ``(B) Barriers to access to existing public accommodations.--A civil action under section 302 or 303 based on the failure to remove an architectural barrier to access into an existing public accommodation may not be commenced by a person aggrieved by such failure unless-- ``(i) that person has provided to the owner or operator of the accommodation a written notice specific enough to allow such owner or operator to identify the barrier; and ``(ii)(I) during the period beginning on the date the notice is received and ending 60 days after that date, the owner or operator fails to provide to that person a written description outlining improvements that will be made to remove the barrier; or ``(II) if the owner or operator provides the written description under subclause (I), the owner or operator fails to remove the barrier or to make substantial progress in removing the barrier during the period beginning on the date the description is provided and ending 120 days after that date. ``(C) Specification of details of alleged violation.--The written notice required under subparagraph (B) must also specify in detail the circumstances under which an individual was actually denied access to a public accommodation, including the address of the property, the specific sections of this Act alleged to have been violated, whether a request for assistance in removing an architectural barrier to access was made, and whether the barrier to access was a permanent or temporary barrier.''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act. SEC. 5. MEDIATION FOR ADA ACTIONS RELATED TO ARCHITECTURAL BARRIERS. The Judicial Conference of the United States shall, under rule 16 of the Federal Rules of Civil Procedure or any other applicable law, in consultation with property owners and representatives of the disability rights community, develop a model program to promote the use of alternative dispute resolution mechanisms, including a stay of discovery during mediation, to resolve claims of architectural barriers to access for public accommodations. To the extent practical, the Federal Judicial Center should provide a public comment period on any such proposal. The goal of the model program shall be to promote such access quickly and efficiently without the need for costly litigation. The model program should include an expedited method for determining the relevant facts related to such barriers to access and steps taken before the commencement of litigation to resolve any issues related to access.

ADA Education and Reform Act of 2016 This bill requires the Disability Rights Section of the Department of Justice to develop a program to educate state and local governments and property owners on strategies for promoting access to public accommodations for persons with a disability. The program may include training for professionals to provide guidance about remediation for potential violations of the Americans with Disabilities Act of 1990 (ADA). The bill prohibits civil actions based on the failure to remove an architectural barrier to access into an existing public accommodation unless: (1) the aggrieved person has provided to the owners or operators a written notice specific enough to identify the barrier, and (2) the owners or operators fail to provide the person with a written description outlining improvements that will be made to improve the barrier or they fail to remove the barrier or make substantial progress after providing such a description. The aggrieved person's notice must specify: (1) the address of the property, (2) the specific ADA sections alleged to have been violated, (3) whether a request for assistance in removing an architectural barrier was made, and (4) whether the barrier was permanent or temporary. The Judicial Conference of the United States must develop a model program to promote alternative dispute resolution mechanisms to resolve such claims. The model program should include an expedited method for determining relevant facts related to such barriers and steps to resolve accessibility issues before litigation.

ADA Education and Reform Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ship, Seafarer, and Container Security Act''. SEC. 2. AUTOMATIC IDENTIFICATION SYSTEM. (a) In General.--When operating in navigable waters of the United States (as defined in section 2101(17a) of title 46, United States Code), the following vessels shall be equipped with an automatic identification system: (1) Any vessel subject to the Vessel Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1201 et seq.). (2) Any small passenger vessel carrying more than a number of passengers determined by the Secretary of Transportation. (3) Any commercial towing vessel while towing astern or pushing ahead or alongside, except commercial assistance towing vessels rendering assistance to disabled small vessels. (4) Any other vessel for which the Secretary of Transportation determines that an automatic identification system is necessary for the safe navigation of the vessel. (b) Regulations; Effective Date.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall initiate a rulemaking to implement subsection (a). (2) Content.--Regulations promulgated pursuant to that rulemaking-- (A) may, subject to subparagraph (B), include effective dates for the application of subsection (a) to different vessels at different times; (B) shall require all vessels to which subsection (a) applies to comply with the requirements of subsection (a) no later than December 31, 2004; and (C) shall be issued in final form before December 31, 2004. (3) Effective date not dependent upon final rule.--If regulations have not been promulgated in final form under this subsection before December 31, 2004, then subsection (a) shall apply to-- (A) any vessel described in paragraph (1) or (3) of that subsection on and after that date; and (B) other vessels described in subsection (a) as may be provided in regulations promulgated thereafter. SEC. 3. UNIQUE SEAFARER IDENTIFICATION. (a) Treaty Initiative.--The Secretary of Transportation should undertake the negotiation of an international agreement, or amendments to an international agreement that provides for a uniform, comprehensive, international system of identification for seafarers that will enable the United States and other countries to establish authoritatively the identity of any seafarer aboard a vessel within the jurisdiction, including the territorial waters, of the United States or such other country. (b) Legislative Alternative.--If the Secretary fails to complete the international agreement negotiation or amendment process undertaken under subsection (a) within 24 months after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a draft of legislation that, if enacted, would establish a uniform, comprehensive system of identification for seafarers. SEC. 4. GREATER TRANSPARENCY OF SHIP REGISTRATION. (a) Treaty Initiative.--The Secretary of Transportation should undertake the negotiation of an international agreement, or the amendment of an international agreement, to provide greater transparency with respect to the registration and ownership of vessels entering or operating in the territorial waters of the United States. (b) Legislative Alternative.--If the Secretary fails to complete the international agreement or amendment process undertaken under subsection (a) within 24 months after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a draft of legislation that, if enacted, would provide for greater transparency with respect to the registration and ownership of vessels operating in international waters. SEC. 5. INTERNATIONAL AGREEMENT ON CONTAINER INTEGRITY. (a) Treaty Initiative.--The Secretary of Transportation should undertake the negotiation of an international agreement, or amendments to an international agreement, to establish marine container integrity and anti-tampering standards for marine containers. (b) Legislative Alternative.--If the Secretary fails to complete the international agreement negotiation or amendment process undertaken under subsection (a) within 24 months after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a draft of legislation that, if enacted, would establish marine container integrity and anti- tampering standards. SEC. 6. COAST GUARD TO DEVELOP RISK-BASED ANALYSIS AND SECURITY ZONE SYSTEM FOR VESSELS. (a) In General.--The Commandant of the Coast Guard shall establish-- (1) a risk-based system for use in evaluating the potential threat to the national security of the United States of vessels entering the territorial waters of the United States; and (2) a system of security zones for ports, territorial waters, and waterways of the United States. (b) Mechanisms and Systems Considerations.--In carrying out subsection (a), the Commandant shall consider-- (1) the use of public/private partnerships to implement and enforce security within the security zones, shoreside protection alternatives, and the environmental, public safety, and relative effectiveness of such alternatives within the security zones; and (2) technological means of enhancing the security within the security zones of ports, territorial waters, and waterways of the United States. (c) Grants.--The Commandant of the Coast Guard may make grants to applicants for research and development of alternative means of providing the protection and security required by this section. (d) Reports.-- (1) Initial report.--Within 12 months after the date of enactment of this Act, the Commandant of the Coast Guard shall transmit, in a form that does not compromise security, to the Senate Committee on Commerce, Science, and Transportation and the House of Representative Committee on Transportation and Infrastructure a report that includes-- (A) a description of the methodology employed in evaluating risks to security; (B) a list of security zones; and (C) recommendations as to how protection of such vessels and security zones might be further improved. (2) Report on alternatives.--Within 12 months after the Commandant has awarded grants under subsection (c), the Commandant shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representative Committee on Transportation and Infrastructure a report on the results of testing and research carried out with those grants. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Department in which the Coast Guard is operating for the use of the Coast Guard, $1,000,000 for fiscal year 2003 to make grants under subsection (c).

Ship, Seafarer, and Container Security Act - Requires certain vessels to be equipped with an automatic identification system when operating in U.S. navigable waters. Requires the Secretary of Transportation to initiate a rulemaking to implement such requirement.Urges the Secretary to negotiate an international agreement (or amendments to such an agreement) that: (1) provides for a uniform, comprehensive, international system of identification for seafarers that will enable the United States and other countries to establish the identity of any seafarer aboard a vessel within the jurisdiction, including the territorial waters, of the United States or such other country; (2) provides greater transparency with respect to the registration and ownership of vessels entering or operating in U.S. territorial waters; and (3) establishes marine container integrity and anti-tampering standards for marine containers. Requires the Secretary to submit draft legislation to specified congressional committees if negotiations do not result in an agreement or the amendment process fails within a specified period after enactment of this Act.Directs the Commandant of the Coast Guard to establish: (1) a risk-based system for use in evaluating the potential threat to the national security of the United States of vessels entering U.S. territorial waters; and (2) a system of security zones for U.S. ports, territorial waters, and waterways.

A bill to improve seaport security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Services Cost Control Act''. SEC. 2. PURPOSE. It is the purpose of this Act to reduce health care costs by encouraging cooperation between hospitals and other medical facilities in order to contain costs and achieve a more efficient and effective health care delivery system through the elimination of unnecessary duplication of expensive medical or high technology services or equipment while preserving services in geographical proximity to the communities traditionally served by the facilities. SEC. 3. TECHNOLOGY AND SERVICES SHARING DEMONSTRATION PROGRAM. Part D of title VI of the Public Health Service Act (42 U.S.C. 291k et seq.) is amended by adding at the end thereof the following new section: ``SEC. 647. TECHNOLOGY AND SERVICES SHARING DEMONSTRATION PROGRAM. ``(a) Establishment.-- ``(1) In general.--The Secretary and the Attorney General (in this section jointly referred to as the `Administrators') shall jointly carry out a demonstration program under which twenty three-year grants are awarded for fiscal year 1994 to eligible applicants to facilitate collaboration among two or more licensed hospitals or other medical facilities with respect to the provision of expensive, capital-intensive medical technology or other highly resource-intensive services. Such program shall be designed to demonstrate the extent to which such agreements result in a reduction in costs to the facilities and individuals involved, in an increase in access to care for individuals, and in improvements in the quality of care. ``(2) Service area.--The Administrators shall determine the region to be served by a demonstration program under paragraph (1). In carrying out this section, the Administrators shall ensure that the operation of such a program preserves the availability of health services in geographical proximity to the communities traditionally served by the facilities participating in the program. ``(b) Eligible Applicants.-- ``(1) In general.--To be eligible to receive a grant under subsection (a), a medical facility or facilities shall prepare and submit to the Administrators an application at such time, in such manner, and containing such information as the Administrators may require, including-- ``(A) a statement that such entity desires to negotiate and enter into a voluntary agreement under which such entity is operating in one State or region for the sharing of medical technology or services; ``(B) a description of the nature and scope of the activities contemplated under the cooperative agreement; ``(C) a description of the financial arrangement between the entities that are parties to the agreement; ``(D) a description of the geographical area generally served by the entities; ``(E) a description of anticipated benefits and advantages to the providers and to individuals; and ``(F) any other information determined appropriate by the Administrators. ``(2) Development of evaluation guidelines.--Not later than 90 days after the date of enactment of this section, the Administrators shall develop regulations, including criteria and evaluation guidelines with respect to applications submitted under paragraph (1). ``(3) Evaluations of applications.--The Administrators shall evaluate applications submitted under paragraph (1). In determining which applications to approve for purposes of awarding grants under subsection (a), the Administrators shall consider whether the agreement described in each such application meets the criteria and guidelines developed under paragraph (2) and is likely to result in-- ``(A) the enhancement of the quality of care; ``(B) the preservation of services in geographical proximity to the communities traditionally served by the applicant; ``(C) improvements in the cost-effectiveness of high-technology services by the entities involved; ``(D) improvements in the efficient utilization of the entities' resources and capital equipment; ``(E) the provision of services that would not otherwise be available; ``(F) the elimination of unnecessary duplication of hospital resources; ``(G) a reduction in costs to individuals; or ``(H) no undue harm to the care provided individuals seeking services. ``(c) Allocation of Grant Funds.-- ``(1) In general.--Amounts provided under a grant awarded under subsection (a) shall be used to facilitate collaboration among entities. Such permissible uses may include reimbursements for the expenses associated with specialized personnel, administrative services, support services, transportation, and instructional programs. Funds may not be used to purchase expensive, capital-intensive medical technology or other highly resource-intensive services not previously owned or provided by the facility. ``(2) Grant award amount.--Entities applying for grants under subsection (a) shall specify the desired grant award amount. The Administrators shall determine the appropriate amount in granting such awards. ``(3) Geographic and size diversity.--In awarding grants under this section, the Administrators shall assure that, to the extent reasonably practicable, there is a sufficiently representative geographic and size distribution of grantees. ``(d) Medical Technology and Services.-- ``(1) In general.--Agreements carried out under this section shall provide for the sharing of medical technology or eligible services among the entities which are parties to such agreements. ``(2) Medical technology.--For purposes of this section, the term `medical technology' includes the drugs, devices, equipment and medical and surgical procedures utilized in medical care, and the organizational and support systems within which such care is provided, that-- ``(A) have high capital costs or extremely high annual operating costs; and ``(B) are technologies with respect to which there is a reasonable expectation that shared ownership will avoid a significant degree of the potential excess capacity of such service in the community or region to be served under such agreement. ``(3) Eligible services.--With respect to services that may be shared under an agreement entered into under this section, such services shall-- ``(A) either have high capital costs or extremely high annual operating costs; and ``(B) be services with respect to which there is a reasonable expectation that shared ownership will avoid a significant degree of the potential excess capacity of such services in the community or region to be served under such agreement. Such services may include mobile services. ``(e) Term.--The demonstration program established under this section shall continue for 3 calendar years. ``(f) Reports.-- ``(1) In general.--Grantees shall submit annual reports to the Administrators containing information on the demonstration projects funded under this section, as required by the Administrators. ``(2) To congress.--On the date that occurs 42 months after the establishment of the demonstration program under this section, the Administrators shall prepare and submit to the appropriate committees of Congress, a report concerning results of the demonstration and the potential for cooperative agreements of the type entered into under this section to-- ``(A) contain health care costs; ``(B) increase the access of individuals to medical services; and ``(C) improve the quality of health care. Such report shall also contain the recommendations of the Administrators with respect to future programs to facilitate cooperative agreements and recommendations for legislation. ``(g) Relation to Antitrust Laws.-- ``(1) In general.--Notwithstanding any provision of the antitrust laws, it shall not be considered a violation of the antitrust laws for an entity that receives a grant under subsection (a) to enter into and carry out activities under a cooperative agreement in accordance with this section. ``(2) Definition.--For purposes of this subsection, the term `antitrust laws' means-- ``(A) the Act entitled ``An Act to protect trade and commerce against unlawful restraints and monopolies'', approved July 2, 1890, commonly known as the ``Sherman Act'' (26 Stat. 209; chapter 647; 15 U.S.C. 1 et seq.); ``(B) the Federal Trade Commission Act, approved September 26, 1914 (38 Stat. 717; chapter 311; 15 U.S.C. 41 et seq.); ``(C) the Act entitled ``An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes'', approved October 15, 1914, commonly known as the ``Clayton Act'' (38 Stat. 730; chapter 323; 15 U.S.C. 12 et seq.; 18 U.S.C. 402, 660, 3285, 3691; 29 U.S.C. 52, 53); and ``(D) any State antitrust laws that would prohibit the activities described in paragraph (1). ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $2,500,000 for each of the fiscal years 1994 through 1996. Any appropriation pursuant to the preceding sentence shall be subject to section 601 of the Congressional Budget Act of 1974 (relating to discretionary spending limits).''. SEC. 4. CERTIFICATE OF REVIEW PROCESS. (a) Issuance of Certificate of Review.-- (1) In general.--The Attorney General may issue a certificate of review with a three-year term to licensed hospitals and other medical facilities that enter into cooperative agreements with respect to the provision of expensive, capital-intensive medical technology or other highly resource-intensive services if such agreements-- (A) are designed to result in a reduction in unnecessary duplication of services, in a reduction in costs to individuals, in an increase in access to care for individuals, or in improvements in the quality of care; (B) will not unreasonably enhance, stabilize, or depress prices within the United States for the equipment or services of the class under the agreement; and (C) will not constitute unfair methods of competition against competitors engaged in providing the services of the class under the agreement. (2) Deadline for response to application.--The Attorney General shall respond to a request for a certificate of review under paragraph (1) not later than 90 days after receiving the request. (b) Protection Conferred by Certificate of Review.-- (1) Protection from civil or criminal antitrust actions.-- Except as provided in paragraph (2), no criminal or civil action may be brought under the antitrust laws against a hospital or other medical facility to which a certificate of review under subsection (a) is issued which is based on conduct which is specified in, and compliance with the terms of, such certificate of review which certificate was in effect when the conduct occurred. (2) Civil actions.-- (A) Any person who has been injured as a result of conduct engaged in under a certificate of review under subsection (a) may bring a civil action for injunctive relief, actual damages, the loss of interest on actual damages, and the cost of suit (including a reasonable attorney's fee) for the failure to comply with the standards of such subsection. Any action commenced under this subsection shall proceed as if it were an action commenced under section 4 or section 16 of the Clayton Act, except that the standards of subsection (a) and the remedies provided in this paragraph shall be the exclusive standards and remedies applicable to such action. (B) Any action brought under subparagraph (A) shall be filed within two years of the date the plaintiff has notice of the failure to comply with the standards of subsection (a) but in any event within 4 years after the cause of action accrues. (C) In any action brought under subparagraph (A), there shall be a presumption that conduct which is specified in and complies with a certificate of review does comply with the standards of subsection (a). (D) In any action brought under subparagraph (A), if the court finds that the conduct does comply with the standards of subsection (a), the court shall award to the hospital or other medical facility against which the claim is brought the cost of suit attributable to defending against the claim (including a reasonable attorney's fee). (E) The Attorney General may file a suit pursuant to section 15 of the Clayton Act (15 U.S.C. 25) to enjoin conduct threatening clear and irreparable harm to the national interest.

Health Services Cost Control Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services and the Attorney General to jointly carry out a demonstration program of 20 three-year grants for collaboration among hospitals or other medical facilities regarding the provision of expensive, capital-intensive medical technology or other highly resource-intensive services. Requires that projects be designed to demonstrate a reduction in costs, an increase in access to care, and improvements in the quality of care. Authorizes appropriations. Authorizes the Attorney General to issue a three-year certificate of review to medical facilities that enter into cooperative agreements with respect to the provision of expensive, capital-intensive medical technology or other highly resource-intensive services. Prohibits criminal or civil antitrust actions against a facility for conduct in compliance with a certificate. Allows any person injured as a result of conduct engaged in under a certificate to specified relief.

Health Services Cost Control Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Consumer Financial Protection Regulations Act of 2011''. SEC. 2. ESTABLISHMENT OF THE COMMISSION. Section 1011 of the Consumer Financial Protection Act of 2010 is amended-- (1) by striking subsections (b), (c), and (d); (2) by redesignating subsection (e) as subsection (j); and (3) by inserting after subsection (a) the following new subsections: ``(b) Establishment of the Commission.-- ``(1) In general.--There is hereby established a commission (hereinafter referred to in this section as the `Commission') that shall serve as the head of the Bureau. ``(2) Authority to prescribe regulations.--The Commission may prescribe such regulations and issue such orders in accordance with this title as the Commission may determine to be necessary for carrying out this title and all other laws within the Commission's jurisdiction and shall exercise any authorities granted under this title and all other laws within the Commission's jurisdiction. ``(c) Composition of the Commission.-- ``(1) In general.--The Commission shall be composed of the Vice Chairman for Supervision of the Federal Reserve System and 4 additional members who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who-- ``(A) are citizens of the United States; ``(B) have strong competencies and experiences related to consumer financial protection; and ``(C) should want to protect service members and their families who are sacrificing their lives for this country from abusive financial practices. ``(2) Staggering.--The members of the Commission appointed under paragraph (1) shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 4, and 5 years, respectively. ``(3) Terms.-- ``(A) In general.--Each member of the Commission appointed under paragraph (1), including the Chair, shall serve for a term of 5 years. ``(B) Removal for cause.--The President may remove any member of the Commission appointed under paragraph (1) only for inefficiency, neglect of duty, or malfeasance in office. ``(C) Vacancies.--Any member of the Commission appointed under paragraph (1) appointed to fill a vacancy occurring before the expiration of the term to which that member's predecessor was appointed (including the Chair) shall be appointed only for the remainder of the term. ``(D) Continuation of service.--Each member of the Commission appointed under paragraph (1) may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which that member's term would otherwise expire. ``(E) Other employment prohibited.--No member of the Commission appointed under paragraph (1) shall engage in any other business, vocation, or employment. ``(4) Roles and responsibilities of commissioners.--One member of the Commission shall have as their primary responsibility the oversight of the Bureau's activities pertaining to protecting consumers, with a focus on consumers who are older, minorities, youth, or veterans, from unfair, deceptive, and abusive lending practices. The designated commissioner shall be responsible for-- ``(A) ensuring the Bureau conducts regular outreach to consumers regarding industry lending activities; ``(B) researching and reporting to the full Commission, on a regular basis, the impact of new loan and credit products and services on consumers; and ``(C) ensuring the Bureau coordinates with State- level consumer protection agencies on enforcement measures that protect consumers from unfair, deceptive, and abusive lending practices. ``(d) Affiliation.--With respect to members appointed pursuant to subsection (c)(1), not more than 2 shall be members of any one political party. ``(e) Chair of the Commission.-- ``(1) Appointment.--The Chair of the Commission shall be appointed by the President from among the members of the Commission appointed under paragraph (1). ``(2) Authority.--The Chair shall be the principal executive officer of the Bureau, and shall exercise all of the executive and administrative functions of the Bureau, including with respect to-- ``(A) the appointment and supervision of personnel employed under the Bureau (other than personnel employed regularly and full time in the immediate offices of members of the Commission other than the Chair); ``(B) the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the Bureau; and ``(C) the use and expenditure of funds. ``(3) Limitation.--In carrying out any of the Chair's functions under the provisions of this subsection the Chair shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. ``(4) Requests or estimates related to appropriations.-- Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chair without the prior approval of the Commission. ``(f) No Impairment by Reason of Vacancies.--No vacancy in the members of the Commission shall impair the right of the remaining members of the Commission to exercise all the powers of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the Commission because of vacancies in the Commission, 2 members of the Commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the Commission because of vacancies in the Commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of Commission members to decline to 2. ``(g) Seal.--The Commission shall have an official seal. ``(h) Compensation.-- ``(1) Chair.--The Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. ``(2) Other members of the commission.--The 3 other members of the Commission appointed under subsection (c)(1) shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code. ``(i) Initial Quorum Established.--During any time period prior to the confirmation of at least two members of the Commission, one member of the Commission shall constitute a quorum for the transaction of business. Following the confirmation of at least 2 additional commissioners, the quorum requirements of subsection (f) shall apply.''. SEC. 3. CONFORMING AMENDMENTS. (a) Consumer Financial Protection Act of 2010.-- (1) In general.--The Consumer Financial Protection Act of 2010 is amended-- (A) in section 1002, by striking paragraph (10); (B) in section 1012(c)(4), by striking ``Director'' each place such term appears and inserting ``Commission of the Bureau''; (C) in section 1013(c)(3)-- (i) by striking ``Assistant Director of the Bureau for'' and inserting ``Head of the Office of''; and (ii) in subparagraph (B), by striking ``Assistant Director'' and inserting ``Head of the Office''; (D) in section 1013(g)(2)-- (i) by striking ``Assistant director'' and inserting ``Head of the office''; and (ii) by striking ``an assistant director'' and inserting ``a Head of the Office of Financial Protection for Older Americans''; (E) in section 1016(a), by striking ``Director of the Bureau'' and inserting ``Chair of the Commission''; (F) in section 1017(c)(1), by striking ``Director and other employees'' and inserting ``members of the Commission and other employees''; (G) in section 1027(l)(1), by striking ``Director and the''; and (H) in section 1066(a), by striking ``Director of the Bureau is'' and inserting ``first member of the Commission is''. (2) Global amendments.--The Consumer Financial Protection Act of 2010 is amended-- (A) by striking ``Director of the'' each place such term appears, other than in-- (i) subparagraphs (A) and (E) of section 1017(4); (ii) section 1043; (iii) section 1061(b)(3); (iv) section 1062; (v) section 1063(f); (vi) subparagraphs (E) and (G) of section 1064(i)(2); and (vii) section 1065(a); and (B) by striking ``Director'' each place such term appears and inserting ``Bureau'', other than in-- (i) section 1063(f)(2); and (ii) section 1065(a). (b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended-- (1) in section 111(b)(1)(D), by striking ``Director'' and inserting ``Chair of the Commission''; and (2) in section 1447, by striking ``Director of the Bureau'' each place such term appears and inserting ``Bureau''. (c) Electronic Fund Transfer Act.--Section 921(a)(4)(C) of the Electronic Fund Transfer Act, as added by section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Bureau of Consumer Financial Protection''. (d) Expedited Funds Availability Act.--The Expedited Funds Availability Act, as amended by section 1086 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' each place such term appears and inserting ``Bureau''. (e) Federal Deposit Insurance Act.--Section 2 of the Federal Deposit Insurance Act, as amended by section 336(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by striking ``Director of the Consumer Financial Protection Bureau'' each place such term appears and inserting ``Chair of the Commission of the Bureau of Consumer Financial Protection''. (f) Federal Financial Institutions Examination Council Act of 1978.--Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by section 1091 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Consumer Financial Protection Bureau'' and inserting ``Chair of the Commission of the Bureau of Consumer Financial Protection''. (g) Financial Literacy and Education Improvement Act.--Section 513 of the Financial Literacy and Education Improvement Act, as amended by section 1013(d) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director'' each place such term appears and inserting ``Chair of the Commission''. (h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home Mortgage Disclosure Act of 1975, as amended by section 1094(6) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' each place such term appears and inserting ``Bureau of Consumer Financial Protection''. (i) Interstate Land Sales Full Disclosure Act.--The Interstate Land Sales Full Disclosure Act, as amended by section 1098A of the Consumer Financial Protection Act of 2010, is amended-- (1) by amending section 1402(1) to read as follows: ``(1) `Chair' means the Chair of the Commission of the Bureau of Consumer Financial Protection;''; (2) in section 1416(a), by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Chair''; and (3) by striking ``Director'' each place such term appears and inserting ``Bureau''. (j) Real Estate Settlement Procedures Act of 1974.--Section 5 of the Real Estate Settlement Procedures Act of 1974, as amended by section 1450 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended-- (1) by striking ``The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the `Director')'' and inserting ``The Bureau of Consumer Financial Protection''; and (2) by striking ``Director'' each place such term appears and inserting ``Bureau''. (k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage Licensing Act of 2008, as amended by section 1100 of the Consumer Financial Protection Act of 2010, is amended-- (1) by striking ``Director'' each place such term appears in headings and text and inserting ``Bureau''; and (2) in section 1503, by striking paragraph (10). (l) Title 44, United States Code.--Section 3513(c) of title 44, United States Code, as amended by section 1100D(b) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' and inserting ``Bureau''.

Responsible Consumer Financial Protection Regulations Act of 2011 - Amends the Consumer Financial Protection Act of 2010, (title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act), to replace the position of Director of the Bureau of Consumer Financial Protection with a five-member Commission composed of the Vice Chairman for Supervision of the Federal Reserve System and four additional members appointed by the President, with the advice and consent of the Senate, from among individuals who should want to protect service members and their families who are sacrificing their lives for this country from abusive financial practices. Prohibits Commission members from engaging in any other business, vocation, or employment. Requires one member of the Commission to exercise primary responsibility for the Bureau's oversight activities pertaining to protecting consumers, with a focus on consumers who are older, minorities, youth, or veterans, from unfair, deceptive, and abusive lending practices. Prohibits the Chair of the Commission from making requests for estimates related to appropriations without prior Commission approval.

To replace the Director of the Bureau of Consumer Financial Protection with a five person Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Box Privacy Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Consumers have the right to know that event data recorders are installed in their vehicles, that they are capable of collecting data recorded in automobile accidents, and how such data may be used. (2) From the standpoint of consumer privacy rights, most consumers are not aware that their vehicles are recording data that not only may be used to aid traffic safety analyses, but has the potential of being used against them in a civil or criminal proceeding, or by their insurer to increase rates. SEC. 3. DISCLOSURE OF EVENT DATA RECORDERS ON AUTOMOBILES AND MOTORCYCLES. (a) Labeling Disclosure for Automobiles.--Section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232) is amended-- (1) in subsection (g)(4)(B) by striking ``; and'' and inserting a semicolon; (2) in subsection (h), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(i)(1) the presence and location of an event data recorder; ``(2) the type of information recorded by the event data recorder and how such information is recorded; and ``(3) that the information recorded by the event data recorder also may be used in a law enforcement proceeding.''. (b) Labeling Disclosure for Motorcycles.--The Automobile Information Disclosure Act is further amended by adding after section 3 the following new section: ``SEC. 3A. DISCLOSURE OF EVENT DATA RECORDERS ON MOTORCYCLES. ``Every manufacturer of new motorcycles distributed in commerce shall, prior to the delivery of any new motorcycle to any dealer, or at or prior to the introduction date of new models delivered to a dealer prior to such introduction date, securely affix to the new motorcycle a label on which such manufacturer shall disclose-- ``(1) the presence and location of an event data recorder; ``(2) the type of information recorded by the event data recorder and how such information is recorded; and ``(3) that the information recorded by the event data recorder also may be used in a law enforcement proceeding.''. (c) Definitions.--Section 2 of such Act (15 U.S.C. 1231) is amended by adding at the end the following: ``(i) The term `event data recorder' means any device or means of technology installed in an automobile that records information such as automobile or motorcycle speed, seatbelt use, application of brakes or other information pertinent to the operation of the automobile or motorcycle, as applicable. ``(j) The term `motorcycle' means a vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground, and weighing less than 1,500 pounds. ``(k) The term `new motorcycle' means a motorcycle the equitable or legal title to which has never been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser.''. (d) Rulemaking.--Within 180 days following the enactment of this Act, the National Highway Traffic Safety Administration shall prescribe regulations setting forth a uniform method by which a manufacturer shall provide the disclosures required by the amendments made by this section. SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON NEW AUTOMOBILES. (a) In General.--Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 30129. Event data recorders ``No person may manufacture for sale, sell, offer for sale, introduce or deliver into interstate commerce, or import into the United States, an automobile manufactured after 2015 (and bearing a model year of 2016 or later) that is equipped with an event data recorder, unless such event data recorder includes a function whereby the consumer can control the recording of information by the event data recorder.''. (b) Enforcement.--Section 30165(a)(1) of chapter 301 of title 49, United States Code, is amended by inserting ``30129,'' after ``30127,''. (c) Table of Contents Amendment.--The table of contents for chapter 301 of title 49, United States Code, is amended by adding after the item relating to section 30128 the following new item: ``30129. Event data recorders.''. SEC. 5. OWNERSHIP AND UNLAWFUL RETRIEVAL OF EVENT DATA RECORDER DATA. (a) Ownership Rights; Conduct Prohibited.--Any event data recorder in an automobile or motorcycle and any data recorded on any event data recorder in an automobile or motorcycle shall be considered the property of the owner of the automobile or motorcycle. It shall be unlawful for any person other than the owner of the automobile or motorcycle to download or otherwise retrieve data that is recorded on any event data recorder except under one of the following circumstances: (1) The owner of the automobile or motorcycle or the owner's agent or legal representative consents to the retrieval of the information. (2) In response to an order of a court having jurisdiction to issue the order. (3) The data is retrieved by a dealer, or by an automotive technician for the purpose of diagnosing, servicing, or repairing the automobile or motorcycle. (b) Treatment of Violations as Unfair or Deceptive Acts or Practices.--A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (c) Enforcement by the Federal Trade Commission.--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. SEC. 6. DEFINITIONS. As used in this Act: (1) The term ``consumer'' has the meaning given the term ``ultimate purchaser'' in section 2 of the Automobile Information Disclosure Act (15 U.S.C. 1231). (2) The term ``dealer'' has the meaning given that term in section 30102(a) of title 49, United States Code. (3) The term ``event data recorder'' means any device or means of technology installed in an automobile that records information such as vehicle speed, seatbelt use, application of brakes or other information pertinent to the operation of the automobile. (4) The terms ``manufacturer'', ``new automobile'', and ``new motorcycle'' have the meanings given those terms in section 2 of the Automobile Information Disclosure Act (15 U.S.C. 1231). SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.

Black Box Privacy Protection Act Amends the Automobile Information Disclosure Act to require manufacturers of new automobiles to disclose on the information label affixed to the window of the automobile: (1) the presence and location of an event data recorder (commonly referred to as a "black box"), (2) the type of information recorded and how such information is recorded, and (3) that the recording may be used in a law enforcement proceeding. Sets forth similar requirements for motorcycle manufacturers. Defines "event data recorder" as any device or means of technology installed in an automobile that records information such as automobile or motorcycle speed, seatbelt use, application of brakes, or other information pertinent to the operation of the automobile or motorcycle. Prohibits the manufacture, sale, offering for sale, or import into the United States of an automobile manufactured after 2015 (bearing a model year of 2016 or later) that is equipped with an event data recorder, unless the consumer can control the recording of information. Makes violators liable to the U.S. government for a civil penalty of up to $5,000 for each violation with a maximum penalty of $35 million for a related series of violations. Requires the event data recorder in an automobile or motorcycle, and any data recorded, to be considered the property of the owner of the automobile or motorcycle. Makes the retrieval or downloading of recorded data by any other person unlawful, except: (1) with the owner's consent, (2) in response to a court order, or (3) by a dealer or automotive technician to service the vehicle. Requires certain violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.

Black Box Privacy Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Steamtown National Historic Site Act of 1994''. SEC. 2. DEFINITIONS. As used in this Act: (1) Advisory committee.--The term ``Advisory Committee'' means the Steamtown National Historic Site Advisory Committee established by the Secretary under section 5. (2) Hazardous substance.--The term ``hazardous substance'' has the meaning given such term in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)). (3) Historic site.--The term ``historic site'' means the Steamtown National Historic Site established under section 3. (4) National park service.--The term ``National Park Service'' means the National Park Service of the Department of the Interior. (5) Remedial action.--The term ``remedial action'' has the meaning given such term in section 101(24) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(24)). (6) Removal.--The term ``removal'' has the meaning given such term in section 101(23) of such Act (42 U.S.C. 9601(23)). (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. ESTABLISHMENT OF STEAMTOWN NATIONAL HISTORIC SITE. (a) In General.-- (1) Establishment.--In order to preserve and interpret certain elements of railroading, especially steam-operated railroads that were in operation during the period of 1850 to 1950, there is hereby established the Steamtown National Historic Site. (2) Purposes.--The purposes of the historic site shall include providing for the interpretation of-- (A) the evolution of railroads; and (B) the impact of railroads on the development of the United States, including technological, economic, social, and political effects and the relationship of railroads to the industrialization of the United States. (b) Description of Site.--The historic site shall consist of the lands and interests in lands within the area generally depicted on the map entitled ``Boundary Map, Steamtown National Historic Site'', numbered STTO-80,000 and dated September 1986. The map shall be on file and available for public inspection in the offices of the National Park Service. Except by act of Congress, no revisions may be made in the boundary of the historic site. (c) Repeal of Superseded Law.--The Steamtown National Historical Site Act of 1986 (the twelfth proviso in the paragraph relating to the operation of the national park system (including transfer of funds) under the heading ``National Park Service'' in title I of the Department of the Interior and Related Agencies Appropriations Act, 1987, which was enacted in identical forms in section 101(h) of Public Law 99-500 and section 101(h) of Public Law 99-591; 100 Stat. 1783-248 and 100 Stat. 3341-248), is repealed. SEC. 4. ADMINISTRATION OF STEAMTOWN NATIONAL HISTORIC SITE. (a) In General.--The Secretary of the Interior shall administer the historic site in accordance with this Act and any other provision of law generally applicable to units of the national park system, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (b) Comprehensive General Management Plan.--Not later than September 30, 1995, the Secretary shall prepare and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives a new comprehensive general management plan for the historic site. The plan shall be consistent with this Act, section 12 of Public Law 91-383 (16 U.S.C. 1a-7), and any other applicable provision of law. SEC. 5. ACQUISITION OF LAND. (a) In General.--The Secretary may acquire lands or interests in land within the boundaries of the historic site only by-- (1) donation; or (2) purchase with donated funds. (b) Prohibition on Acquisition of Contaminated Lands.-- (1) In general.--The Secretary may not acquire any land or interest in land to serve the purposes of the historic site unless such lands are not contaminated with a hazardous substance for which a removal or remedial action at the expense of the United States is required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (2) Reimbursement.-- (A) In general.--Before the Secretary may accept title to any lands to further the purposes of the historic site, the Secretary shall seek reimbursement of any funds expended by the National Park Service, prior to the date of the enactment of this Act, on a removal or remedial action with respect to any contamination of lands within the boundaries of the historic site under applicable provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (B) Crediting of reimbursement.--Any amount received as reimbursement under subparagraph (A) shall be credited to miscellaneous receipts in the Treasury. (C) Treatment of certain funds expended for a removal or remedial action.--After the full amount of a reimbursement made pursuant to subparagraph (A) is credited pursuant to subparagraph (B), the amount expended by the National Park Service with respect to which the reimbursement was made shall not be treated as amounts expended for development with respect to the limitation under section 8(b). SEC. 6. PARK SERVICE ACTIVITIES. (a) In General.--The Secretary shall take such action as is necessary and appropriate to-- (1) administer the historic site; (2) interpret, for the public, the significance of the resources of the site and the history of the site; and (3) provide essential services for the public at the historic site. (b) Preservation of Collection of Railroad Equipment.-- (1) Existing collection.--Subject to paragraph (2), the Secretary shall preserve the collection of railroad equipment, including locomotives and rolling stock, that is present at the historic site as of the date of enactment of this Act. The Secretary may also preserve such equipment and essential machinery as are necessary for the maintenance of the locomotives and rolling stock. (2) Acquisition of additional equipment.--The Secretary may acquire by exchange or purchase, appropriate examples of locomotives and rolling stock to enhance the collection of railroad equipment at the historic site if-- (A) the Secretary takes such action as is necessary to ensure that the total number of locomotives and rolling stock in the collection of railroad equipment does not increase as a result of the exchange or purchase; and (B) the exchange or purchase is carried out in a manner consistent with the general management plan for the historic site. (c) Cost-Sharing.--The Secretary shall, to the extent practicable, seek donations and assistance from volunteers and carry out other cost- sharing measures to restore the locomotives and rolling stock in the collection of railroad equipment. (d) Preservation of Artifact Collection and Archival Materials.-- The Secretary shall take such action as is necessary to preserve the artifact collection and archival materials located at the historic site. (e) Prohibition.--No Federal funds may be expended to provide access between the historic site and any structure that is privately owned and operated for profit. (f) Excursions.--To the extent that providing regular excursions with appropriate interpretation under this subsection furthers public understanding of the matters described in section 3(a)(2), the Secretary may provide regular excursions with appropriate interpretation between Scranton, Pennsylvania, and Moscow, Pennsylvania. To carry out the excursions, the Secretary may provide essential visitor services at Moscow, Pennsylvania. (g) Use of Funds for the Restoration of Tracks, Bridges, or Tunnels.-- (1) In general.--Except as provided in paragraph (2), the Secretary may not expend funds made available to the National Park Service for the restoration or maintenance of tracks, bridges, or tunnels located outside the historic site. (2) Exception.-- (A) Restoration pursuant to cooperative agreement with owner.--If the Secretary and the owner of the tracks and bridges between the historic site and Moscow, Pennsylvania, enter into a cooperative agreement described in subparagraph (B), the Secretary may expend funds described in subparagraph (C) for restoring and maintaining such tracks and bridges. (B) Cooperative agreement described.--A cooperative agreement referred to in subparagraph (A) is a cooperative agreement that-- (i) provides for the Secretary to restore and maintain such tracks and bridges; and (ii) permits the National Park Service to use such tracks and bridges for excursions authorized under subsection (f). (C) Funds described.--The funds referred to in subparagraph (A) are funds that-- (i) were appropriated to the Secretary before November 15, 1991; and (ii) remain available for obligation. (3) Track usage fees.--If the Secretary enters into an agreement to use tracks and bridges pursuant to paragraph (2), the Secretary may pay customary and appropriate track usage fees. (h) Excursion Fees.--Excursion fees charged for any rail excursion carried out by the Secretary pursuant to this section shall be established at a level that ensures that, at a minimum, 75 percent of the costs of maintenance, personnel, and equipment for the excursion shall be covered by amounts collected as user fees. (i) Bridge 60.--The Secretary may assist the owner of Bridge 60 and Bridge 60 Wye (as defined and determined by the Secretary) with track and switch rehabilitation to facilitate activities associated with the historic site. SEC. 7. ADVISORY COMMITTEE. (a) Establishment.--There is established the Steamtown National Historic Site Advisory Committee. (b) Purposes.--The purposes of the Advisory Committee are as follows: (1) To provide the Secretary with a readily available source of professional expertise in railroad management and history. (2) To advise the Secretary in the development and operation of the historic site. (c) Membership.--The Advisory Committee shall be composed of 11 members who shall be appointed by the Secretary, as follows: (1) Two members shall be individuals with recognized expertise in the operation of historic railways. (2) Two members shall be individuals with recognized expertise in the operation of commercial railways. (3) Two members shall be historians with recognized expertise in the history of technology. (4) Two members shall be historians with recognized expertise in social history. (5) Three members shall be representatives of the general public. (d) Terms.--Each member shall serve for a term of 3 years. A member of the Advisory Committee may continue to serve as a member after the expiration of the member's term until a successor is appointed. (e) Chairperson.--The Advisory Committee shall select a Chairperson from among its members. (f) Duties of the Secretary.--The Secretary, or a designee of the Secretary, shall from time to time, but at least semiannually, meet and consult with the Advisory Committee on matters relating to the management and development of the historic site. (g) Initial Meeting.--Not later than 30 days after the date on which all members of the Advisory Committee have been appointed, the Chairperson shall convene the Advisory Committee. (h) Meetings.-- (1) In general.--The Advisory Committee shall meet at the call of the Chairperson. (2) Frequency of meetings.--The Advisory Committee shall meet at least 3 times during each year. (3) Quorum.--A majority of the members of the Advisory Committee shall constitute a quorum. (i) Compensation.--Members of the Advisory Committee shall serve without compensation, except the Secretary may, on receipt of a voucher approved by the Chairperson, pay expenses reasonably incurred in the performance of duties of the Committee. (j) Termination of Advisory Committee.--The Advisory Committee shall terminate 10 years after the date of enactment of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Subject to the limitations under subsections (b) and (c), there are authorized to be appropriated to the Department of the Interior such sums as are necessary to carry out this Act. (b) Limitation of Expenditures for Development.--The aggregate amount of funds expended by the Department of the Interior after September 30, 1986, for the development of the historic site may not exceed $58,000,000. (c) Limitation of Expenditures of Funds.--No funds made available to the Department of the Interior from Federal sources may be expended with respect to the historic site for a purpose other than a purpose specified in section 6 and in section 7(h).

Steamtown National Historic Site Act of 1994 - Repeals the Steamtown National Historic Site Act of 1986 and sets forth new provisions establishing the Steamtown National Historic Site to preserve and interpret certain elements of railroading, especially steam-operated railroads during the period of 1850 to 1950. Directs the Secretary of the Interior to prepare and submit a new comprehensive general management plan for the Site to specified congressional committees. Prohibits the Secretary from acquiring any lands or interests in lands contaminated with hazardous substances that would require removal or remedial action at the expense of the United States. Requires the Secretary to seek reimbursement of any funds expended by the National Park Service for such purpose prior to enactment of this Act before the Secretary may accept title to such lands for the Site. Directs the Secretary to preserve the collection of railroad equipment (including locomotives and rolling stock) present at the Site as of enactment of this Act. Authorizes the Secretary to acquire additional examples of locomotives and rolling stock if action is taken to ensure that the total number in the collection does not increase. Requires the Secretary to preserve the artifact collection and archival materials located at the Site. Prohibits Federal funds from being expended for access between the Site and any structure that is privately-owned or operated for profit. Authorizes the Secretary to provide regular excursions with appropriate interpretation between Scranton, Pennsylvania, and Moscow, Pennsylvania. Authorizes the Secretary to pay customary and appropriate track usage fees. Prohibits the Secretary from expending funds of the National Park Service for the restoration or maintenance of tracks, bridges, or tunnels outside the Site, except certain funds appropriated before November 15, 1991. Establishes the Steamtown National Historic Site Advisory Committee to provide the Secretary with a readily available source of professional expertise in railroad management and history and to advise in the development and operation of the Site. Authorizes appropriations. Limits: (1) expenditures for the development of the Site after FY 1986; and (2) expenditures for the Site to specified activities.

Steamtown National Historic Site Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Rio Grande National Heritage Area Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) northern New Mexico encompasses a mosaic of cultures and history, including eight Pueblos and the descendants of Spanish ancestors who settled in the area in 1598; (2) the combination of cultures, languages, folk arts, customs, and architecture make northern New Mexico unique; (3) the area includes spectacular natural, scenic, and recreational resources; (4) there is broad support from local governments and interested individuals to establish a National Heritage Area to coordinate and assist in the preservation and interpretation of these resources; (5) in 1991, the National Park Service study Alternative Concepts for Commemorating Spanish Colonization identified several alternatives consistent with the establishment of a National Heritage Area, including conducting a comprehensive archaeological and historical research program, coordinating a comprehensive interpretation program, and interpreting a cultural heritage scene; and (6) establishment of a National Heritage Area in northern New Mexico would assist local communities and residents in preserving these unique cultural, historical and natural resources. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``heritage area'' means the Northern Rio Grande Heritage Area; and (2) the term ``Secretary'' means the Secretary of the Interior. SEC. 4. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA. (a) Establishment.--There is hereby established the Northern Rio Grande National Heritage Area in the State of New Mexico. (b) Boundaries.--The heritage area shall include the counties of Santa Fe, Rio Arriba, and Taos. (c) Management Entity.-- (1) The Northern Rio Grande National Heritage Area, Inc., a non-profit corporation chartered in the State of New Mexico, shall serve as the management entity for the heritage area. (2) The Board of Directors for the management entity shall include representatives of the State of New Mexico, the counties of Santa Fe, Rio Arriba and Taos, tribes and pueblos within the heritage area, the cities of Santa Fe, Espanola and Taos, and members of the general public. The total number of Board members and the number of Directors representing State, local and tribal governments and interested communities shall be established to ensure that all parties have appropriate representation on the Board. SEC. 5. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY. (a) Management Plan.-- (1) Not later than 3 years after the date of enactment of this Act, the management entity shall develop and forward to the Secretary a management plan for the heritage area. (2) The management entity shall develop and implement the management plan in cooperation with affected communities, tribal and local governments and shall provide for public involvement in the development and implementation of the management plan. (3) The management plan shall, at a minimum-- (A) provide recommendations for the conservation, funding, management, and development of the resources of the heritage area; (B) identify sources of funding. (C) include an inventory of the cultural, historical, archaeological, natural, and recreational resources of the heritage area; (D) provide recommendations for educational and interpretive programs to inform the public about the resources of the heritage area; and (E) include an analysis of ways in which local, State, Federal, and tribal programs may best be coordinated to promote the purposes of this Act. (4) If the management entity fails to submit a management plan to the secretary as provided in paragraph (1), the heritage area shall no longer be eligible to receive Federal funding under this Act until such time as a plan is submitted to the Secretary. (5) The Secretary shall approve or disapprove the management plan within 90 days after the date of submission. If the Secretary disapproves the management plan, the Secretary shall advise the management entity in writing of the reasons therefore and shall make recommendations for revisions to the plan. (6) The management entity shall periodically review the management plan and submit to the Secretary any recommendations for proposed revisions to the management plan. Any major revisions to the management plan must be approved by the Secretary. (b) Authority.--The management entity may make grants and provide technical assistance to tribal and local governments, and other public and private entities to carry out the management plan. (c) Duties.--The management entity shall-- (1) give priority in implementing actions set forth in the management plan; (2) coordinate with tribal and local governments to better enable them to adopt land use policies consistent with the goals of the management plan; (3) encourage by appropriate means economic viability in the heritage area consistent with the goals of the management plan; and (4) assist local and tribal governments and non-profit organizations in-- (A) establishing and maintaining interpretive exhibits in the heritage area; (B) developing recreational resources in the heritage area; (C) increasing public awareness of, and appreciation for, the cultural, historical, archaeological and natural resources and sits in the heritage area; (D) the restoration of historic structures related to the heritage area; and (E) carrying out other actions that the management entity determines appropriate to fulfill the purposes of this Act, consistent with the management plan. (d) Prohibition on Acquiring Real Property.--The management entity may not use Federal funds received under this Act to acquire real property or an interest in real property. (e) Public Meetings.--The management entity shall hold public meetings at least annually regarding the implementation of the management plan. (f) Annual Reports and Audits.-- (1) For any year in which the management entity receives Federal funds under this Act, the management entity shall submit an annual report to the Secretary setting forth accomplishments, expenses and income, and each entity to which any grant was made by the management entity. (2) The management entity shall make available to the Secretary for audit all records relating to the expenditure of Federal funds and any matching funds. The management entity shall also require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organization make available to the Secretary for audit all records concerning the expenditure of those funds. SEC. 6. DUTIES OF THE SECRETARY. (a) Technical and Financial Assistance.--The Secretary may, upon request of the management entity, provide technical and financial assistance to develop and implement the management plan. (b) Priority.--In providing assistance under subsection (a), the Secretary shall give priority to actions that facilitate-- (1) the conservation of the significant natural, cultural, historical, archaeological, scenic, and recreational resources of the heritage area; and (2) the provision of educational, interpretive, and recreational opportunities consistent with the resources and associated values of the heritage area. SEC. 7. SAVINGS PROVISIONS. (a) No Effect on Private Property.--Nothing in this Act shall be construed-- (1) to modify, enlarge, or diminish any authority of Federal, State, or local governments to regulate any use of privately owned lands; or (2) to grant the management entity any authority to regulate the use of privately owned lands. (b) Tribal Lands.--Nothing in this Act shall restrict or limit a tribe from protecting cultural or religious sites on tribal lands. (c) Authority of Governments.--Nothing in this Act shall-- (1) modify, enlarge, or diminish any authority of Federal, State, tribal, or local governments to manage or regulate any use of land as provided for by law or regulation; or (2) authorize the management entity to assume any management authorities over such lands. (d) Trust Responsibilities.--Nothing in this Act shall diminish the Federal Government's trust responsibilities or government-to-government obligations to any federally recognized Indian tribe. SEC. 8. SUNSET. The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year. (b) Cost-Sharing Requirement.--The Federal share of the total cost of any activity assisted under this Act shall be not more than 50 percent.

Northern Rio Grande National Heritage Area Act - Establishes the Northern Rio Grande National Heritage Area, which shall include the counties of Santa Fe, Rio Arriba, and Taos, in New Mexico.Designates Northern Rio Grande National Heritage Area, Inc., as the Areas's management entity which: (1) shall develop, submit, and implement a management plan that includes recommendations for conservation, funding, management, development, and interpretation of the Area; (2) may provide assistance to tribal and local governments and other entities to carry out the plan; and (3) may not use Federal funds received under this Act to acquire real property.Authorizes the Secretary of the Interior to provide technical and financial assistance to develop and implement the management plan.

To establish the Northern Rio Grande National Heritage Area in the State of New Mexico, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Department of State Authorities Act of 2006''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Fraud prevention and detection account. Sec. 3. Education allowances. Sec. 4. Interference with protective functions. Sec. 5. Persons excused from payment of fees for execution and issuance of passports. Sec. 6. Authority to administratively amend surcharges. Sec. 7. Extension of privileges and immunities. Sec. 8. Removal of contracting prohibition. Sec. 9. Personal services contracting. Sec. 10. Proliferation interdiction support. Sec. 11. Safeguarding and elimination of conventional arms. Sec. 12. Imposition of sanctions to deter the transfer of MANPADS. Sec. 13. Additional authorities. SEC. 2. FRAUD PREVENTION AND DETECTION ACCOUNT. Section 286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1356(v)(2)(A)) is amended-- (1) in clause (i), by inserting ``or primarily'' after ``exclusively''; and (2) by amending clause (ii) to read as follows: ``(ii) otherwise to prevent and detect visa fraud, including primarily fraud by applicants for visas described in subparagraph (H)(i), (H)(ii), or (L) of section 101(a)(15), in cooperation with the Secretary of Homeland Security or pursuant to the terms of a memorandum of understanding or other agreement between the Secretary of State and the Secretary of Homeland Security; and''. SEC. 3. EDUCATION ALLOWANCES. Section 5924(4) of title 5, United States Code, is amended-- (1) in the first sentence of subparagraph (A), by inserting ``United States'' after ``nearest''; (2) by amending subparagraph (B) to read as follows: ``(B) The travel expenses of dependents of an employee to and from a secondary or post-secondary educational institution, not to exceed one annual trip each way for each dependent, except that an allowance payment under subparagraph (A) may not be made for a dependent during the 12 months following the arrival of the dependent at the selected educational institution under authority contained in this subparagraph.''; and (3) by adding at the end the following: ``(D) Allowances provided pursuant to subparagraphs (A) and (B) may include, at the election of the employee, payment or reimbursement of the costs incurred to store baggage for the employee's dependent at or in the vicinity of the dependent's school during one trip per year by the dependent between the school and the employee's duty station, except that such payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage in connection with the trip, and such payment or reimbursement shall be in lieu of transportation of the baggage.''. SEC. 4. INTERFERENCE WITH PROTECTIVE FUNCTIONS. (a) Offense.--Chapter 7 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 118. Interference with certain protective functions ``Any person who knowingly and willfully obstructs, resists, or interferes with a Federal law enforcement agent engaged, within the United States or the special maritime territorial jurisdiction of the United States, in the performance of the protective functions authorized under section 37 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709) or section 103 of the Diplomatic Security Act (22 U.S.C. 4802) shall be fined under this title, imprisoned not more than 1 year, or both.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``118. Interference with certain protective functions.''. SEC. 5. PERSONS EXCUSED FROM PAYMENT OF FEES FOR EXECUTION AND ISSUANCE OF PASSPORTS. Section 1(a) of the Act of June 4, 1920 (22 U.S.C. 214(a)) is amended-- (1) by striking ``or from a widow'' and inserting ``from a widow''; and (2) by inserting ``; or from an individual or individuals abroad, returning to the United States, when the Secretary determines that foregoing the collection of such fee is justified for humanitarian reasons or for law enforcement purposes'' after ``such member'' the second place it appears. SEC. 6. AUTHORITY TO ADMINISTRATIVELY AMEND SURCHARGES. (a) In General.--Beginning in fiscal year 2007 and thereafter, the Secretary of State is authorized to amend administratively the amounts of the surcharges related to consular services in support of enhanced border security (provided for in the last paragraph under the heading ``diplomatic and consular programs'' under title IV of division B of the Consolidated Appropriations Act, 2005 (Public Law 108-447)) that are in addition to the passport and immigrant visa fees in effect on January 1, 2004. (b) Requirements.--In carrying out subsection (a) and the provision of law described in such subsection, the Secretary shall meet the following requirements: (1) The amounts of the surcharges shall be reasonably related to the costs of providing services in connection with the activity or item for which the surcharges are charged. (2) The aggregate amount of surcharges collected may not exceed the aggregate amount obligated and expended for the costs related to consular services in support of enhanced border security incurred in connection with the activity or item for which the surcharges are charged. (3) A surcharge may not be collected except to the extent the surcharge will be obligated and expended to pay the costs related to consular services in support of enhanced border security incurred in connection with the activity or item for which the surcharge is charged. (4) A surcharge shall be available for obligation and expenditure only to pay the costs related to consular services in support of enhanced border security incurred in providing services in connection with the activity or item for which the surcharge is charged. SEC. 7. EXTENSION OF PRIVILEGES AND IMMUNITIES. (a) The African Union.--Section 12 of the International Organizations Immunities Act (22 U.S.C. 288f-2) is amended-- (1) by inserting ``(a)'' before ``The provisions''; and (2) by adding at the end the following: ``(b) Under such terms and conditions as the President shall determine, consistent with the purposes of this title, the President is authorized to extend, or enter into an agreement to extend, to the African Union Mission to the United States of America, and to its members, the privileges and immunities enjoyed by diplomatic missions accredited to the United States, and by members of such missions, subject to corresponding conditions and obligations.''. (b) The Holy See.--Under such terms and conditions as the President shall determine, the President is authorized to extend, or to enter into an agreement to extend, to the Permanent Observer Mission of the Holy See to the United Nations in New York, and to its members, the privileges and immunities enjoyed by the diplomatic missions of member states to the United Nations, and their members, subject to corresponding conditions and obligations. SEC. 8. REMOVAL OF CONTRACTING PROHIBITION. Section 406 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4856) is amended by striking subsection (c). SEC. 9. PERSONAL SERVICES CONTRACTING. Section 504 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 6206 note) is amended-- (1) in subsection (a), by striking ``broadcasters, producers, and writers'' and inserting ``broadcasters and other broadcasting specialists''; and (2) in subsection (c), by striking ``December 31, 2006'' and inserting ``December 31, 2007''. SEC. 10. PROLIFERATION INTERDICTION SUPPORT. (a) Assistance.--Consistent with section 583 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb-2), as amended by subsection (c), the President is authorized to provide assistance to friendly foreign countries for proliferation detection and interdiction activities and for developing complementary capabilities. (b) Report on Existing Proliferation Detection and Interdiction Assistance.-- (1) Report required.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report on proliferation and interdiction assistance. (2) Content.--The report required under paragraph (1) shall-- (A) specify in detail, including program cost, on a country-by-country basis, the assistance being provided by the Department of State to train and equip personnel in friendly foreign countries in the detection and interdiction of proliferation-related shipments of weapons of mass destruction, related materials and means of delivery, and dual-use items of proliferation concern; and (B) specify, on an agency-by-agency basis, funding that is being transferred by the Department of State to other executive agencies to carry out such programs. (c) Interdiction Assistance Amendments.--Section 583 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb-2) is amended-- (1) in subsection (a)-- (A) by striking ``should ensure that'' and inserting ``shall ensure that, beginning in fiscal year 2007,''; (B) by striking ``expended'' and inserting ``obligated''; and (C) by striking ``that originate from, and are destined for, other countries'' and inserting ``to non-state actors and states of proliferation concern''; and (2) by adding at the end the following new subsections: ``(c) Cooperative Agreements.--In order to promote cooperation regarding the interdiction of weapons of mass destruction and related materials and delivery systems, the President is authorized to conclude agreements, including reciprocal maritime agreements, with other countries to facilitate effective measures to prevent the transportation of such items to non-state actors and states of proliferation concern. ``(d) Determination and Notice to Congress.--The Secretary of State shall notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate in writing not more than 30 days after making a determination that any friendly country has been determined to be a country eligible for priority consideration of any assistance under subsection (a). Such determination shall set forth the reasons for such determination, and may be submitted in classified and unclassified form, as necessary.''. SEC. 11. SAFEGUARDING AND ELIMINATION OF CONVENTIONAL ARMS. (a) In General.--The Secretary of State is authorized to secure, remove, or eliminate stocks of man-portable air defense systems (MANPADS), small arms and light weapons, stockpiled munitions, abandoned ordnance, and other conventional weapons, including tactical missile systems (hereafter in this section referred to as ``MANPADS and other conventional weapons''), as well as related equipment and facilities, located outside the United States that are determined by the Secretary to pose a proliferation threat. (b) Elements.--The activities authorized under subsection (a) may include the following: (1) Humanitarian demining activities. (2) The elimination or securing of MANPADS. (3) The elimination or securing of other conventional weapons. (4) Assistance to countries in the safe handling and proper storage of MANPADS and other conventional weapons. (5) Cooperative programs with the North Atlantic Treaty Organization and other international organizations to assist countries in the safe handling and proper storage or elimination of MANPADS and other conventional weapons. (6) The utilization of funds for the elimination or safeguarding of MANPADS and other conventional weapons. (7) Activities to secure and safeguard MANPADS and other conventional weapons. (8) Actions to ensure that equipment and funds, including security upgrades at locations for the storage or disposition of MANPADS and other conventional weapons and related equipment that are determined by the Secretary of State to pose a proliferation threat, continue to be used for authorized purposes. (c) Rule of Construction.--Nothing in this section shall be construed to affect the authorities of the Secretary of Defense. SEC. 12. IMPOSITION OF SANCTIONS TO DETER THE TRANSFER OF MANPADS. (a) Statement of Policy.--Congress declares that it should be the policy of the United States to hold foreign governments accountable for knowingly transferring MANPADS to state-sponsors of terrorism or terrorist organizations. (b) Determination Relating to Sanctions.-- (1) In general.--If the President determines that a foreign government knowingly transfers MANPADS to a foreign government described in paragraph (2) or a terrorist organization, the President shall-- (A) submit forthwith to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing such determination; and (B) impose forthwith on the transferring foreign government the sanctions described in subsection (c). (2) Foreign government described.--A foreign government described in this paragraph is a foreign government that the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. (c) Sanctions Described.--The sanctions referred to in subsection (b)(1)(B) are the following: (1) Termination of United States Government assistance to the transferring foreign government under the Foreign Assistance Act of 1961, except that such termination shall not apply in the case of humanitarian assistance. (2) Termination of United States Government-- (A) sales to the transferring foreign government of any defense articles, defense services, or design and construction services; and (B) licenses for the export to the transferring foreign government of any item on the United States Munitions List. (3) Termination of all foreign military financing for the transferring foreign government. (d) Waiver.--Notwithstanding any other provision of law, sanctions shall not be imposed on a transferring foreign government under this section if the President determines and certifies in writing to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that the furnishing of the assistance, sales, licensing, or financing that would otherwise be suspended as a result of the imposition of such sanctions is important to the national security interests of the United States. (e) Definitions.--In this section: (1) Defense article.--The term ``defense article'' has the meaning given the term in section 47(3) of the Arms Export Control Act. (2) Defense service.--The term ``defense service'' has the meaning given the term in section 47(4) of the Arms Export Control Act. (3) Design and construction services.--The term ``design and construction services'' has the meaning given the term in section 47(8) of the Arms Export Control Act. (4) Foreign government.--The term ``foreign government'' includes any agency or instrumentality of a foreign government. (5) Manpads.--The term ``MANPADS'' means-- (A) a surface-to-air missile system designed to be man- portable and carried and fired by a single individual; or (B) any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals. SEC. 13. ADDITIONAL AUTHORITIES. (a) War Reserves Stockpile.-- (1) Department of defense appropriations act, 2005.--Section 12001 of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011), is amended-- (A) in subsection (a)(2)(D), by striking ``as of the date of enactment of this Act,''; and (B) in subsection (d), by striking ``2'' and inserting ``4''. (2) Foreign assistance act of 1961.--Section 514(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)) is amended-- (A) in subparagraph (A)-- (i) by striking ``$100,000,000'' and inserting ``$200,000,000''; and (ii) by striking ``2004 and 2005'' and inserting ``2007 and 2008''; and (B) in subparagraph (B), by striking ``$100,000,000'' and inserting ``$200,000,000''. (3) Effective date.--The amendment made by paragraph (1)(B) takes effect on August 5, 2006. (b) Extension of Authority to Provide Loan Guarantees.--Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11), is amended in the item relating to ``Loan Guarantees to Israel''-- (1) in the matter preceding the first proviso, by striking ``September 30, 2007'' and inserting ``September 30, 2011''; and (2) in the second proviso, by striking ``September 30, 2007'' and inserting ``September 30, 2011'' Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on December 9, 2006. The summary of that version is repeated here.) Department of State Authorities Act of 2006 - (Sec. 2) Amends the Immigration and Nationality Act to permit the use of H-1, H-2, and L-visa fraud prevention fees for other visa fraud prevention in addition to being used primarily for H-1, H-2, and L-visa fraud prevention. (Sec. 3) Amends civil service law to grant an allowance for an employee's dependents for travel expenses to and from a secondary or post-secondary educational institution, except for the 12 months following the dependent's arrival at the educational institution. Authorizes as part of such allowance a limited payment or reimbursement for the dependent's baggage storage costs incurred during one trip per year between the school and the employee's duty station. (Sec. 4) Amends federal criminal law to provide that any person who knowingly and willfully obstructs, resists, or interferes with a federal law enforcement agent engaged, within the United States or the special maritime territorial jurisdiction of the United States, in the performance of specified protective functions shall be fined and/or imprisoned for up to one year. (Sec. 5) Permits passport fee waiver for an individual returning from abroad for humanitarian or law enforcement purposes. (Sec. 6) Authorizes, as of FY2007, the Secretary of State to administratively amend consular service surcharges related to border security that are in addition to passport and immigrant visa fees in effect as of January 1, 2004. Sets forth surcharge requirements. (Sec. 7) Amends the International Organizations Immunities Act to authorize the President to extend privileges and immunities to the African Union Mission to the United States of America and to the Permanent Observer Mission of the Holy See to the United Nations in New York. (Sec. 8) Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 to repeal the provision making persons doing business with Libya ineligible for contracts awarded under such Act. (Sec. 9) Amends the Foreign Relations Authorization Act, Fiscal Year 2003 with respect to the International Broadcasting Bureau personal services contracting pilot program to: (1) extend the program through December 31, 2007; and (2) include broadcasting specialists in the program. (Sec. 10) Amends the Foreign Service Assistance Act of 1961 to authorize the President to provide assistance to friendly foreign countries for (nuclear, chemical, biological, and conventional) proliferation detection and interdiction activities and for developing complementary capabilities. Directs the President to report to the House Committee on International Relations and the Senate Committee on Foreign Relations (Committees) respecting proliferation and interdiction assistance. Authorizes the President to conclude agreements, including reciprocal maritime agreements, with other countries to prevent the transportation of proliferation-related items to non-state actors and states of proliferation concern. Directs the Secretary to notify the Committees within 30 days after making a determination that any friendly country is eligible for priority assistance. (Sec. 11) Authorizes the Secretary to secure, remove, or eliminate stocks of man-portable air defense systems (MANPADS), small arms and light weapons, stockpiled munitions, abandoned ordnance, and other conventional weapons (including tactical missile systems and related equipment and facilities) located outside the United States that pose a proliferation threat. States that nothing in this section shall be construed to affect the authorities of the Secretary of Defense. (Sec. 12) Declares that it should be U.S. policy to hold foreign governments accountable for knowingly transferring MANPADS to state-sponsors of terrorism or terrorist organizations. States that if the President determines that a foreign government knowingly transfers MANPADS to a foreign government that has repeatedly supported terrorism or to a terrorist organization the President shall: (1) report to the Committees; and (2) impose foreign assistance (other than humanitarian assistance), munitions list export, and defense article and military financing sanctions on the transferring foreign government. Authorizes sanctions waiver for national security purposes. (Sec. 13) Amends the Department of Defense Appropriations Act, 2005 to extend authority to transfer to Israel certain war reserves that are stockpiled in Israel for an additional two years (effective on August 5, 2006). Amends the Foreign Assistance Act of 1961 to increase through FY2008 the fiscal year value of additional defense articles that may be stockpiled in foreign countries, including Israel. Amends the Emergency Wartime Supplemental Appropriations Act, 2003 to extend loan guarantee authority for Israel through September 30, 2011.

To authorize certain activities by the Department of State, and for other purposes.

SECTION 1. AUTHORIZATION OF APPROPRIATIONS. Section 12 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706) is amended-- (1) in subsection (a)(7)-- (A) by striking ``and'' after ``1995,''; and (B) by inserting before the period at the end the following: ``, $20,900,000 for the fiscal year ending September 30, 1998, and $21,500,000 for the fiscal year ending September 30, 1999''; (2) in subsection (b)-- (A) by striking ``and'' after ``September 30, 1995;''; (B) by inserting before the period at the end the following: ``; $52,565,660 for the fiscal year ending September 30, 1998, of which $3,800,000 shall be used for the Global Seismic Network operated by the Agency; and $54,052,630 for the fiscal year ending September 30, 1999, of which $3,800,000 shall be used for the Global Seismic Network operated by the Agency''; and (C) by adding at the end the following: ``Of the amounts authorized to be appropriated under this subsection, at least-- ``(1) $8,000,000 of the amount authorized to be appropriated for the fiscal year ending September 30, 1998; and ``(2) $8,250,000 of the amount authorized for the fiscal year ending September 30, 1999, shall be used for carrying out a competitive, peer-reviewed program under which the Director, in close coordination with and as a complement to related activities of the United States Geological Survey, awards grants to, or enters into cooperative agreements with, State and local governments and persons or entities from the academic community and the private sector.''; (3) in subsection (c)-- (A) by striking ``and'' after ``September 30, 1995,''; and (B) by inserting before the period at the end the following: ``, (3) $18,450,000 for engineering research and $11,920,000 for geosciences research for the fiscal year ending September 30, 1998, and (4) $19,000,000 for engineering research and $12,280,000 for geosciences research for the fiscal year ending September 30, 1999''; and (4) in the last sentence of subsection (d)-- (A) by striking ``and'' after ``September 30, 1995,''; and (B) by inserting before the period at the end the following: ``, $2,000,000 for the fiscal year ending September 30, 1998, and $2,060,000 for the fiscal year ending September 30, 1999''. SEC. 2. AUTHORIZATION OF REAL-TIME SEISMIC HAZARD WARNING SYSTEM DEVELOPMENT, AND OTHER ACTIVITIES. (a) Automatic Seismic Warning System Development.-- (1) Definitions.--In this section: (A) Director.--The term ``Director'' means the Director of the United States Geological Survey. (B) High-risk activity.--The term ``high-risk activity'' means an activity that may be adversely affected by a moderate to severe seismic event (as determined by the Director). The term includes high- speed rail transportation. (C) Real-time seismic warning system.--The term ``real-time seismic warning system'' means a system that issues warnings in real-time from a network of seismic sensors to a set of analysis processors, directly to receivers related to high-risk activities. (2) In general.--The Director shall conduct a program to develop a prototype real-time seismic warning system. The Director may enter into such agreements or contracts as may be necessary to carry out the program. (3) Upgrade of seismic sensors.--In carrying out a program under paragraph (2), in order to increase the accuracy and speed of seismic event analysis to provide for timely warning signals, the Director shall provide for the upgrading of the network of seismic sensors participating in the prototype to increase the capability of the sensors-- (A) to measure accurately large magnitude seismic events (as determined by the Director); and (B) to acquire additional parametric data. (4) Development of communications and computation infrastructure.--In carrying out a program under paragraph (2), the Director shall develop a communications and computation infrastructure that is necessary-- (A) to process the data obtained from the upgraded seismic sensor network referred to in paragraph (3); and (B) to provide for, and carry out, such communications engineering and development as is necessary to facilitate-- (i) the timely flow of data within a real- time seismic hazard warning system; and (ii) the issuance of warnings to receivers related to high-risk activities. (5) Procurement of computer hardware and computer software.--In carrying out a program under paragraph (2), the Director shall procure such computer hardware and computer software as may be necessary to carry out the program. (6) Reports on progress.-- (A) In general.--Not later than 120 days after the date of enactment of this Act, the Director shall prepare and submit to Congress a report that contains a plan for implementing a real-time seismic hazard warning system. (B) Additional reports.--Not later than 1 year after the date on which the Director submits the report under subparagraph (A), and annually thereafter, the Director shall prepare and submit to Congress a report that summarizes the progress of the Director in implementing the plan referred to in subparagraph (A). (7) Authorization of appropriations.--In addition to the amounts made available to the Director under section 12(b) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(b)), there are authorized to be appropriated to the Department of the Interior, to be used by the Director to carry out paragraph (2), $3,000,000 for each of fiscal years 1998 and 1999. (b) Seismic Monitoring Networks Assessment.-- (1) In general.--The Director shall provide for an assessment of regional seismic monitoring networks in the United States. The assessment shall address-- (A) the need to update the infrastructure used for collecting seismological data for research and monitoring of seismic events in the United States; (B) the need for expanding the capability to record strong ground motions, especially for urban area engineering purposes; (C) the need to measure accurately large magnitude seismic events (as determined by the Director); (D) the need to acquire additional parametric data; and (E) projected costs for meeting the needs described in subparagraphs (A) through (D). (2) Results.--The Director shall transmit the results of the assessment conducted under this subsection to Congress not later than 1 year after the date of enactment of this Act. (c) Earth Science Teaching Materials.-- (1) Definitions.--In this subsection: (A) Local educational agency.--The term ``local educational agency'' has the meaning given that term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (B) School.--The term ``school'' means a nonprofit institutional day or residential school that provides education for any of the grades kindergarten through grade 12. (2) Teaching materials.--In a manner consistent with the requirement under section 5(b)(4) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(4)) and subject to a merit based competitive process, the Director of the National Science Foundation may use funds made available to him or her under section 12(c) of such Act (42 U.S.C. 7706(c)) to develop, and make available to schools and local educational agencies for use by schools, at a minimal cost, earth science teaching materials that are designed to meet the needs of elementary and secondary school teachers and students. (d) Improved Seismic Hazard Assessment.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Director shall conduct a project to improve the seismic hazard assessment of seismic zones. (2) Reports.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, and annually during the period of the project, the Director shall prepare, and submit to Congress, a report on the findings of the project. (B) Final report.--Not later than 60 days after the date of termination of the project conducted under this subsection, the Director shall prepare and submit to Congress a report concerning the findings of the project. (e) Study of National Earthquake Emergency Training Capabilities.-- (1) In general.--The Director of the Federal Emergency Management Agency shall conduct an assessment of the need for additional Federal disaster-response training capabilities that are applicable to earthquake response. (2) Contents of assessment.--The assessment conducted under this subsection shall include-- (A) a review of the disaster training programs offered by the Federal Emergency Management Agency at the time of the assessment; (B) an estimate of the number and types of emergency response personnel that have, during the period beginning on January 1, 1990, and ending on July 1, 1997, sought the training referred to in subparagraph (A), but have been unable to receive that training as a result of the oversubscription of the training capabilities of the Federal Emergency Management Agency; and (C) a recommendation on the need to provide additional Federal disaster-response training centers. (3) Report.--Not later than February 15, 1998, the Director of the Federal Emergency Management Agency shall prepare and submit to Congress a report that addresses the results of the assessment conducted under this subsection. SEC. 3. COMPREHENSIVE ENGINEERING RESEARCH PLAN. (a) National Science Foundation.--Section 5(b)(4) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(4)) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding at the end the following: ``(F) develop, in conjunction with the Federal Emergency Management Agency, the National Institute of Standards and Technology, and the United States Geological Survey, a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories (in existence at the time of the development of the plan), upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner.''. (b) Federal Emergency Management Agency.--Section 5(b)(1) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding after subparagraph (E) the following: ``(F) work with the National Science Foundation, the National Institute of Standards and Technology, and the United States Geological Survey, to develop a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories (existing at the time of the development of the plan), upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner.''. (c) United States Geological Survey.--Section 5(b)(3) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(3)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (G) and inserting ``; and''; and (3) by adding at the end the following: ``(H) work with the National Science Foundation, the Federal Emergency Management Agency, and the National Institute of Standards and Technology to develop a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories (in existence at the time of the development of the plan), upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner.''. (d) National Institute of Standards and Technology.--Section 5(b)(5) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(5)) is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (3) by adding at the end the following: ``(D) work with the National Science Foundation, the Federal Emergency Management Agency, and the United States Geological Survey to develop a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories (in existence at the time of the development of the plan), upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner.''. SEC. 4. REPEALS. Sections 6 and 7 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7705 and 7705a) are repealed.

Amends the Earthquake Hazards Reduction Act of 1977 to authorize appropriations for FY 1998 and 1999 to: (1) the Director of the Federal Emergency Management Agency (FEMA) to carry out the National Earthquake Hazards Reduction Program; and (2) the Secretary of the Interior for such responsibilities as may be assigned to the Director of the U.S. Geological Survey (USGS) under such Act, with specified funds earmarked for the Global Seismic Network and for carrying out a competitive, peer-reviewed program under which FEMA, in close coordination with and as a complement to related activities of the USGS, awards grants to, or enters into cooperative agreements with, State and local governments and persons or entities from the academic community and the private sector. Earmarks funds for responsibilities under such Act for FY 1998 and 1999 for: (1) the National Science Foundation (NSF) for engineering research and geosciences research; and (2) the National Institute of Standards and Technology (NIST). Requires the Director of USGS to: (1) conduct and report to the Congress on a program to develop a prototype real-time seismic warning system; and (2) provide for an assessment of and report to the Congress on regional seismic monitoring networks in the United States. Authorizes the Director of NSF to use funds made available under such Act to develop and make available to schools and local educational agencies for use by schools, at a minimal cost, earth science teaching materials that are designed to meet the needs of elementary and secondary school teachers and students. Requires the Director to conduct and report to the Congress on a project to improve the seismic hazard assessment of seismic zones. Requires the Director of FEMA to report to the Congress on the need for additional Federal disaster-response training capabilities that are applicable to earthquake response. Requires NSF, FEMA, USGS, and NIST to jointly develop a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories, upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner.

To authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Crunch Relief Act of 1993''. SEC. 2. EXEMPTION FROM LOAN DOCUMENTATION REVIEW. Section 10 of the Federal Deposit Insurance Act (12 U.S.C. 1820) is amended by adding at the end the following new subsection: ``(h) Exemption From Loan Documentation Review.-- ``(1) Definitions.--For purposes of this subsection-- ``(A) the term `adequately capitalized' has the same meaning as in section 38; ``(B) the term `eligible depository institution' means a depository institution that-- ``(i) is adequately capitalized; and ``(ii) has a CAMEL or MACRO composite rating of 1 or 2 under the Uniform Financial Institutions Rating System as of the most recent examination of such institution by the appropriate Federal banking agency; ``(C) the term `small business' has the meaning given to such term by the Administrator of the Small Business Administration; ``(D) the term `small farm' has the meaning given to such term by the Secretary of Agriculture; and ``(E) the term `qualifying loan' means a loan to a small business or a small farm that is identified by an eligible depository institution under paragraph (3) and that otherwise meets the requirements of this subsection. ``(2) Exemption.--Except to the extent provided by an order or regulation of an appropriate Federal banking agency, a depository institution examiner may not consider the adequacy of the documentation accompanying the extension of qualifying loans by an eligible depository institution in making any examination or evaluation of the institution under this section. Qualifying loans shall be evaluated by the appropriate Federal banking agency solely on the performance of such loans. ``(3) Qualifying loans.--An eligible depository institution may identify a portion of its portfolio of loans to small businesses or to small farms, in writing, as qualifying loans for purposes of the exemption provided in paragraph (2). ``(4) Limitations.-- ``(A) Loan types and amounts.--A loan may not be considered to be a qualifying loan if-- ``(i) inclusion of the loan in the total number of qualifying loans identified by an eligible depository institution would result in an aggregate value of all qualifying loans made by that institution equal to more than 40 percent of the total capital of the institution; ``(ii) the loan amount is more than the lesser of-- ``(I) $900,000; or ``(II) 5 percent of the total capital of the eligible depository institution; or ``(iii) the borrower is an executive officer, director, or principal shareholder of such institution. ``(B) Adjustments.--Each appropriate Federal banking agency may adjust the limitations set forth in subparagraph (A), to permit eligible depository institutions to make additional qualifying loans, consistent with preserving the safety and soundness of such institutions, in order to further promote credit availability. ``(5) Internal documentation.--An eligible depository institution shall-- ``(A) maintain an aggregate list or accounting segregation of its qualifying loans which includes the current performance status of each such loan; and ``(B) fully evaluate and maintain an internal record of the collectibility of each qualifying loan in determining the adequacy of its allowance for loan and lease losses or general valuation allowance attributable to such loan. ``(6) Loss of eligibility.--A depository institution may not identify any new qualifying loans (including loan renewals) for purposes of the exemption provided in paragraph (2) at any time during which it fails to meet the eligibility requirements of this subsection.''. SEC. 3. PRESIDENTIAL REVIEW AND AUTHORITY TO SUSPEND. (a) In General.--Not later than 30 days after the date of enactment of this Act, the President shall conduct a thorough review and evaluation of all statutory and regulatory provisions affecting insured depository institutions. This review shall include an analysis of-- (1) the purposes of the provision; (2) the effectiveness of the provision in achieving such purposes; (3) whether any other provision provides an alternative or duplicative means of achieving those purposes; (4) the cost imposed by compliance with the provisions upon insured depository institutions and consumers; and (5) the relationship between the provision, its compliance costs, and the availability of credit in the United States. (b) Authority To Suspend.--If the President makes a determination described in subsection (c), the President may, by executive order, suspend the applicability of-- (1) any Federal law affecting insured depository institutions or depository institution holding companies (or any portion thereof); and (2) any regulation or guideline promulgated by any of the Federal banking agencies (or any portion thereof). (c) Determination.--The President may not suspend the applicability of any law, regulation, or guideline under subsection (b) unless the President determines that-- (1) the Federal law, regulation, or guideline has accomplished its goal and the law, regulation, or guideline is therefore no longer necessary; (2) the law, regulation, or guideline is not as effective in achieving its intended purpose as other available alternatives that would impose lesser costs on financial institutions, their customers, or the economy; (3) the cost of compliance with the law, regulation, or guideline outweighs the potential benefits sought to be accomplished by the law, regulation, or guideline; or (4) the law, regulation, or guideline has a negative impact on the availability of credit in the United States which outweighs the benefits sought to be accomplished by the law, regulation, or guideline. (d) Publication and Effective Date.--A Presidential order issued pursuant to this section shall be published in the Federal Register, and shall become effective 30 days after such publication, unless the President, for good cause, determines that a shorter period is necessary and in the public interest. (e) Consultation.--Prior to making a determination under subsection (b) that a law, regulation, or guideline is to be suspended, the President shall consult with the Secretary of the Treasury, the Chairperson of the Federal Deposit Insurance Corporation, the Chairman of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Director of the Office of Thrift Supervision. (f) Notification.--The President shall notify the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives prior to issuing any order under subsection (b). (g) Restriction.--Nothing in this section authorizes the President to suspend any law, regulation, or guideline-- (1) that is necessary for the safe and sound operation of insured depository institutions; or (2) that-- (A) prohibits discrimination in the provision of financial services based on race, sex, national origin, marital status, or age; (B) relates directly to the conduct of monetary policy; or (C) pertains to an enforcement proceeding or supervisory action with respect to a particular institution or party. (h) Sunset.--The authority of the President to suspend any law, regulation, or guideline under this section shall terminate on January 1, 1997. (i) Incorporated Definitions.--For purposes of this section, the terms ``Federal banking agencies'' and ``insured depository institution'' have the same meanings as in section 3 of the Federal Deposit Insurance Act. SEC. 4. NEW FEDERAL BANKING REGULATIONS SUBJECT TO REGULATORY IMPACT ANALYSIS. (a) Regulatory Impact Analysis.-- (1) In general.--No new regulation shall be promulgated by an appropriate Federal banking agency until such agency has conducted a regulatory impact analysis and concluded that the benefits of the proposed regulation outweigh the costs of implementing and complying with the regulation, including the particular benefits and costs of compliance with the proposed regulation for small banks. (2) New regulations.--For purposes of this subsection, a regulation shall be considered to be ``new'' if it is promulgated, modified, amended, or reissued on or after the date of enactment of this Act. (b) Costs.--In reviewing the costs of implementing and complying with a proposed regulation under subsection (a), the appropriate Federal banking agency shall consider the impact of the proposed regulation on-- (1) the national economy (including the potential for job creation); (2) consumers; (3) small businesses; (4) small banks (including administrative and personnel costs); (5) other users of financial services; and (6) new paperwork and documentation requirements. (c) Benefits.--In reviewing the benefits of a proposed regulation under subsection (a), the appropriate Federal banking agency shall consider the benefits of the proposed regulation to-- (1) the public; (2) taxpayers; and (3) the overall safety and soundness of the Nation's banking system. (d) Easing Burden on Small Banks.--In conducting the regulatory impact analysis under subsection (a), the appropriate Federal banking agency shall consider including in the proposed regulation a provision that eases the regulatory burden on small banks, including special compliance provisions. (e) Estimate Required.--The regulatory impact analysis required by subsection (a) shall include an estimate of the number of small banks and small businesses that will be affected by the regulation. (f) Definitions.--For the purposes of this section, the following definitions shall apply: (1) Incorporated definitions.--The terms ``appropriate Federal banking agency'' and ``bank'', have the same meanings as in section 3 of the Federal Deposit Insurance Act. (2) Regulatory impact analysis.--The term ``regulatory impact analysis'' means a review of the potential costs and benefits of a proposed regulation, and in particular, the costs to small banks and their customers. (3) Small bank.--The term ``small bank'' means a bank or savings association with total assets of not more than $400,000,000. SEC. 5. PRESUMPTION OF COMPLIANCE WITH COMMUNITY REINVESTMENT ACT. Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C. 2903) is amended by adding at the end the following new subsection: ``(c) Safe Harbor Provision.-- ``(1) Presumption of compliance.--In the evaluation of an application for a deposit facility by a regulated financial institution that has received a rating of `Satisfactory' or `Outstanding' in the most recent written evaluation of its record under section 807(b), the institution shall be entitled to a presumption, rebuttable by clear and convincing evidence, that it is meeting the credit needs of the entire community and is otherwise in compliance with the requirements of this title. ``(2) Resolution of disputes.--The appropriate Federal financial supervisory agency shall resolve any disputed evaluation of compliance with this title not later than 30 days after the dispute arises.''. SEC. 6. EXTENSION OF EFFECTIVE DATE. Section 132 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 1831p-1 note) is amended-- (1) in subsection (b), by striking ``August 1, 1993'' and inserting ``January 1, 1996''; and (2) by amending subsection (c) to read as follows: ``(c) Effective Date.--The amendment made by subsection (a) shall become effective on January 1, 1996.''. SEC. 7. CONSUMER SURVEYS AND REPORT. (a) Surveys.--Not later than 6 months after the date of enactment of this Act, each of the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act) shall conduct a statistically valid survey of financial services consumers to determine the general public awareness of, perceived benefits to consumers of, and cost effectiveness of the Federal banking laws under which the agency operates that are intended for the protection of such consumers, including, but not limited to-- (1) the Expedited Funds Availability Act; (2) the Truth in Lending Act; (3) the Truth in Savings Act; (4) the Real Estate Settlement Procedures Act of 1974; (5) the Home Mortgage Disclosure Act of 1975; (6) the Fair Credit Reporting Act; (7) the Equal Credit Opportunity Act; (8) the Community Reinvestment Act of 1977; (9) the Home Equity Loan Consumer Protection Act; (10) the Fair Credit and Charge Card Disclosure Act; and (11) the rules and regulations promulgated under those Acts. (b) Report.--Not later than 30 days after completion of its survey under subsection (a), each of the Federal banking agencies shall submit a report of the results of its survey to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives.

Credit Crunch Relief Act of 1993 - Amends the Federal Deposit Insurance Act to exempt from certain loan documentation review requirements a loan to a small business or small farm that is identified by an eligible depository institution as a qualifying loan. Provides loan limitation amounts for such qualifying loans, allowing for certain adjustments. Directs the President to: (1) conduct a thorough review and evaluation of all statutory and regulatory provisions affecting insured depository institutions; and (2) if determined appropriate, suspend the applicability of any Federal law or regulation or guideline promulgated by a Federal banking agency affecting such insured depository institutions. Requires Federal Register publication of such an order, as well as congressional notification. Prohibits a new regulation from being promulgated by a Federal banking agency until the agency has conducted a regulatory impact analysis and arrived at certain positive conclusions with respect to the costs and benefits of such regulation. Amends the Community Reinvestment Act of 1977 to presume compliance with meeting credit needs for a regulated financial institution that has received satisfactory or outstanding ratings in its most recent written evaluation. Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to extend until January 1, 1996, the required promulgation of final standards for insured depository institution operational and managerial safety and soundness. Requires each Federal banking agency to: (1) conduct a survey of financial services users to determine awareness and benefits of Federal banking laws; and (2) report to specified congressional committees on survey results.

Credit Crunch Relief Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation in Offshore Leasing Act''. SEC. 2. INTERNET-BASED OFFSHORE OIL AND GAS LEASE SALES. (a) Authorization.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Internet-Based Oil and Gas Lease Sales.-- ``(1) In general.--In order to modernize the Nation's offshore leasing program to ensure the best return to the Federal taxpayer, reduce fraud, and ensure a fair and competitive leasing process, the Secretary may conduct lease sales under this section through Internet-based, sealed-bidding methods. ``(2) Sale requirements.--Sales conducted under paragraph (1) shall ensure-- ``(A) a publicly and freely accessible digital delivery of the bid reading process, such as live Internet streaming, and an option for bidders to submit bids electronically; ``(B) a bidder verification process that discloses to bidders, by no later than 5 p.m. Central Time of the day before each sale, a list of all bids submitted (including the person submitting each bid) on each lease tract without disclosing bid amounts; ``(C) the ability for a bidder to correct a possible misreading of a submitted bid; ``(D) a designee from within the Office of the Solicitor of the Department of the Interior to act as an independent, third-party observer who will be present during the bid reading process to prevent wrongdoing, independently certify the bidding process, and maintain transparency; ``(E) data security measures to ensure bidder data is kept secure; and ``(F) a participant survey soliciting voluntary feedback from bidders on the bidding process. ``(3) Transparency in sale-day statistics.-- ``(A) Requirement.--The Secretary shall publicly disclose statistical data regarding each lease sale under this subsection, on the day the sale is executed. ``(B) Included data.--Among data disclosed, the Secretary shall include-- ``(i) the total value of high bids; ``(ii) the number of tracts offered; ``(iii) the number of acres offered; ``(iv) the number of tracts receiving bids; ``(v) the number of acres receiving bids; ``(vi) the total number of bids; ``(vii) the average number of bids per tract; ``(viii) the total number of bidders participating; ``(ix) bidding statistics by water depth; ``(x) the name of the entity that submitted each bid, the amount of the bid, and the tract for which the bid was submitted; ``(xi) of tracts receiving bids, the number of bids per tract by water depth; ``(xii) the tract receiving the greatest number of bids; ``(xiii) the tract receiving the highest bid; and ``(xiv) any other statistical data that may be disclosed in accordance with this Act. ``(C) Data transparency.--The Secretary shall ensure all data regarding lease sales under this subsection is publicly available and easily accessible, free of charge, on the Internet, including for download and aggregation in machine-readable format.''. (b) Modernizing Leasing Through Collaboration.-- (1) In general.--Before conducting the first Internet-based lease sale under the amendment made by this section, the Secretary of the Interior shall issue a request for information from each company present for bidding at the ten most recent oil and gas lease sales conducted by the Secretary under the Outer Continental Shelf Lands Act, in order to provide the bidding public sufficient opportunity to share innovative ideas, methods, and concerns regarding Internet-based leasing. (2) Integration of information.--The Secretary shall review, evaluate, and integrate suggestions and concerns collected under paragraph (1) as the Secretary works to modernize the offshore leasing process through Internet-based leasing options. (3) User workshop.--The Secretary shall conduct not less than one user workshop with viable bidders prior to conducting an Internet-based lease sale to provide the bidding public with an opportunity to beta test any prototype of an Internet-based leasing platform. (c) Deadline for Gulf of Mexico Lease Sale.--Not later than 18 months after the date of the enactment of this Act, the Secretary of the Interior shall conduct at least one Internet-based lease sale under the amendment made by subsection (a) for leasable acreage in the Gulf of Mexico. (d) Evaluating Internet-Based Offshore Leasing.--Not later than 90 days after the third Internet-based lease sale conducted under the amendment made by subsection (a), the Secretary of the Interior shall analyze all such Internet-based lease sales and transmit to Congress a thorough analysis of the sales. The analysis shall include-- (1) estimates of increases or decreases in such lease sales, compared to sales conducted by non-Internet-based bidding, in-- (A) the number of bidders; (B) the average amount of bids; (C) the highest bid; and (D) the lowest bid; (2) an estimate of the total cost or savings to the Department of the Interior as a result of such sales, compared to sales conducted by non-Internet-based bidding; (3) voluntary and anonymous feedback from persons participating in such sales, on the Internet-based leasing process and potential areas for improvement in such sales; and (4) an evaluation of the demonstrated or expected effectiveness of different structures for lease sales that may provide an opportunity to better maximize bidder participation, ensure the highest return to the Federal taxpayers, minimize opportunities for fraud or collusion, and ensure the security and integrity of the leasing process. Passed the House of Representatives September 6, 2016. Attest: KAREN L. HAAS, Clerk.

Innovation in Offshore Leasing Act (Sec. 2)This bill amends the Outer Continental Shelf Lands Act to authorize the Bureau of Ocean Energy Management (BOEM)to conduct offshore oil and gas lease sales through Internet-based bidding methods. Before conducting any Internet-based sale, BOEM is required to gather information from each company present for bidding at the 10 most recent oil and gas lease sales conducted under the Outer Continental Shelf Lands Act. The information is designed to provide the bidding public sufficient opportunity to share ideas, methods, and concerns regarding Internet-based leasing. All Internet-based sales must meet certain requirements and BOEM shall publicly disclose statistical data regarding any sale on the day the sale is executed. Additionally, BOEM must conduct at least one Internet-based lease sale in the Gulf of Mexico Outer Continental Shelf Region within 18 months. BOEM must also provide a report to Congress within 90 days after it conducts a third Internet-based lease sale.

Innovation in Offshore Leasing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Armed Forces Tax Fairness Act of 2002''. SEC. 2. SPECIAL RULE FOR MEMBERS OF UNIFORMED SERVICES AND FOREIGN SERVICE IN DETERMINING EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. (a) In General.--Subsection (d) of section 121 of the Internal Revenue Code of 1986 (relating to exclusion of gain from sale of principal residence) is amended by adding at the end the following new paragraph: ``(10) Members of uniformed services and foreign service.-- ``(A) In general.--At the election of an individual with respect to a property, the running of the 5-year period described in subsection (a) with respect to such property shall be suspended during any period that such individual or such individual's spouse is serving on qualified official extended duty as a member of the uniformed services or of the Foreign Service. ``(B) Maximum period of suspension.--The 5-year period described in subsection (a) shall not be extended more than 5 years by reason of subparagraph (A). ``(C) Qualified official extended duty.--For purposes of this paragraph-- ``(i) In general.--The term `qualified official extended duty' means any extended duty while serving at a duty station which is at least 150 miles from such property or while residing under Government orders in Government quarters. ``(ii) Uniformed services.--The term `uniformed services' has the meaning given such term by section 101(a)(5) of title 10, United States Code, as in effect on the date of the enactment of this paragraph. ``(iii) Foreign service.--The term `member of the Foreign Service' has the meaning given the term `member of the Service' by paragraph (1), (2), (3), (4), or (5) of section 103 of the Foreign Service Act of 1980, as in effect on the date of the enactment of this paragraph. ``(iv) Extended duty.--The term `extended duty' means any period of active duty pursuant to a call or order to such duty for a period in excess of 180 days or for an indefinite period. ``(D) Special rules relating to election.-- ``(i) Election limited to 1 property at a time.--An election under subparagraph (A) with respect to any property may not be made if such an election is in effect with respect to any other property. ``(ii) Revocation of election.--An election under subparagraph (A) may be revoked at any time.''. (b) Effective Date; Special Rule.-- (1) Effective date.--The amendment made by this section shall take effect as if included in the amendments made by section 312 of the Taxpayer Relief Act of 1997. (2) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the amendment made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. SEC. 3. RESTORATION OF FULL EXCLUSION FROM GROSS INCOME OF DEATH GRATUITY PAYMENT. (a) In General.--Subsection (b)(3) of section 134 of the Internal Revenue Code of 1986 (relating to certain military benefits) is amended by adding at the end the following new subparagraph: ``(C) Exception for death gratuity adjustments made by law.--Subparagraph (A) shall not apply to any adjustment to the amount of death gratuity payable under chapter 75 of title 10, United States Code, which is pursuant to a provision of law enacted before December 31, 1991.''. (b) Conforming Amendment.--Subparagraph (A) of section 134(b)(3) of such Code is amended by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''. (c) Effective Date.--The amendments made by this section shall apply with respect to deaths occurring after September 10, 2001. SEC. 4. EXCLUSION FOR AMOUNTS RECEIVED UNDER DEPARTMENT OF DEFENSE HOMEOWNERS ASSISTANCE PROGRAM. (a) In General.--Section 132(a) of the Internal Revenue Code of 1986 (relating to the exclusion from gross income of certain fringe benefits) is amended by striking ``or'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``, or'' and by adding at the end the following new paragraph: ``(8) qualified military base realignment and closure fringe.''. (b) Qualified Military Base Realignment and Closure Fringe.-- Section 132 of such Code is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Qualified Military Base Realignment and Closure Fringe.--For purposes of this section, the term `qualified military base realignment and closure fringe' means 1 or more payments under the authority of section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to offset the adverse effects on housing values as a result of a military base realignment or closure.''. (c) Effective Date.--The amendments made by this section shall apply to payments made after the date of the enactment of this Act. SEC. 5. EXPANSION OF COMBAT ZONE FILING RULES TO CONTINGENCY OPERATIONS. (a) In General.--Section 7508(a) of the Internal Revenue Code of 1986 (relating to time for performing certain acts postponed by reason of service in combat zone) is amended-- (1) by inserting ``or when deployed outside the United States away from the individual's permanent duty station while participating in an operation designated by the Secretary of Defense as a contingency operation (as defined in section 101(a)(13) of title 10, United States Code) or which became such a contingency operation by operation of law'' after ``section 112'', (2) by inserting in the first sentence ``or at any time during the period of such contingency operation'' after ``for purposes of such section'', (3) by inserting ``or operation'' after ``such an area'', and (4) by inserting ``or operation'' after ``such area''. (b) Conforming Amendments.-- (1) Section 7508(d) of such Code is amended by inserting ``or contingency operation'' after ``area''. (2) The heading for section 7508 of such Code is amended by inserting ``or contingency operation'' after ``combat zone''. (3) The item relating to section 7508 of such Code in the table of sections for chapter 77 is amended by inserting ``or contingency operation'' after ``combat zone''. (c) Effective Date.--The amendments made by this section shall apply to any period for performing an act which has not expired before the date of the enactment of this Act. SEC. 6. MODIFICATION OF MEMBERSHIP REQUIREMENT FOR EXEMPTION FROM TAX FOR CERTAIN VETERANS' ORGANIZATIONS. (a) In General.--Subparagraph (B) of section 501(c)(19) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by striking ``or widowers'' and inserting ``, widowers, or ancestors or lineal descendants''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 7. CLARIFICATION OF THE TREATMENT OF CERTAIN DEPENDENT CARE ASSISTANCE PROGRAMS. (a) In General.--Section 134(b) of the Internal Revenue Code of 1986 (defining qualified military benefit) is amended by adding at the end the following new paragraph: ``(4) Clarification of certain benefits.--For purposes of paragraph (1), such term includes any dependent care assistance program (as in effect on the date of the enactment of this paragraph) for any individual described in paragraph (1)(A).''. (b) Conforming Amendments.-- (1) Section 134(b)(3)(A) of such Code (as amended by section 3) is further amended by inserting ``and paragraph (4)'' after ``subparagraphs (B) and (C)''. (2) Section 3121(a)(18) of such Code is amended by striking ``or 129'' and inserting ``, 129, or 134(b)(4)''. (3) Section 3306(b)(13) of such Code is amended by striking ``or 129'' and inserting ``, 129, or 134(b)(4)''. (4) Section 3401(a)(18) of such Code is amended by striking ``or 129'' and inserting ``, 129, or 134(b)(4)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. (d) No Inference.--No inference may be drawn from the amendments made by this section with respect to the tax treatment of any amounts under the program described in section 134(b)(4) of the Internal Revenue Code of 1986 (as added by this section) for any taxable year beginning before January 1, 2002. SEC. 8. PROTECTION OF SOCIAL SECURITY. The amounts transferred to any trust fund under title II of the Social Security Act shall be determined as if this Act had not been enacted. Passed the House of Representatives October 9, 2002. Attest: Clerk. 107th CONGRESS 2d Session H. R. 5557 _______________________________________________________________________ AN ACT To amend the Internal Revenue Code of 1986 to provide a special rule for members of the uniformed services and Foreign Service in determining the exclusion of gain from the sale of a principal residence and to restore the tax exempt status of death gratuity payments to members of the uniformed services, and for other purposes.

Armed Forces Tax Fairness Act of 2002 - (Sec. 2) Amends the Internal Revenue Code (the Code) to suspend, for members of the uniformed services or of the Foreign Service serving on "qualified official extended duty" (any extended duty while serving at a duty station which is at least 150 miles from the principal residence or while residing under Government orders in Government quarters), the five-year period utilized in determining exclusion of gain from the sale of such residence. Limits the extension of such period to not more than five years.(Sec. 3) Restores in full the tax-exempt status of death gratuity payments to members of the armed services.(Sec. 4) Excludes from gross income any fringe benefit qualifying as a "qualified military base realignment and closure fringe."(Sec. 5) Expands the applicability of rules concerning time for the performance of certain acts under the Code (filing, payment, and etc.) which may be postponed because of service in a combat zone to include service away from a service member's permanent duty station while participating in an operation designated by the Secretary of Defense as a contingency operation.(Sec. 6) Permits ancestors and lineal descendants of past or present members of the armed forces to be taken into account in determining whether a veterans' organization is exempt from tax.(Sec. 7) Includes dependent care assistance within the definition of a qualified military benefit which shall be excluded from gross income, thus excluding such assistance from gross income for uniformed service members and former members.(Sec. 8) Exempts distributions from an education individual retirement account from the ten percent additional tax for non-educational use: (1) if made for an account holder at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, or the United States Merchant Marine Academy; and (2) to the extent that the distribution does not exceed the costs of advanced education.(Sec. 9) Suspends the tax-exempt status of a designated terrorist organization (as defined by this Act). Denies: (1) deductions for contributions made to such an organization; and (2) administrative or judicial challenge to such suspension or denial. Provides for refund or credit in a case of erroneous designation.(Sec. 10) Provides a business or trade deduction of up to $1,500 for itemizers and non-itemizers for unreimbursed overnight travel, meals, and lodging expenses of National Guard and Reserve members who must travel more than 100 miles from home and stay overnight as part of their official duties.(Sec. 11) Directs the Internal Revenue Service (IRS) to establish user fees for ruling letters, opinion letters, determination letters, and similar requests. Exempts certain pension plan requests. Sets forth average fee determination provisions.(Sec. 12) Authorizes the IRS to enter into partial payment installment agreements with taxpayers.Requires review of such agreements at least every two years.

To amend the Internal Revenue Code of 1986 to provide a special rule for members of the uniformed services and Foreign Service in determining the exclusion of gain from the sale of a principal residence and to restore the tax exempt status of death gratuity payments to members of the uniformed services, and for other purposes.

SECTION 1. TECHNICAL CORRECTIONS. (a) Advice of Counsel.--Notwithstanding section 35 of the Leahy- Smith America Invents Act (35 U.S.C. 1 note), section 298 of title 35, United States Code, shall apply to any civil action commenced on or after the date of the enactment of this Act. (b) Transitional Program for Covered Business Method Patents.-- Section 18 of the Leahy-Smith America Invents Act (35 U.S.C. 321 note) is amended-- (1) in subsection (a)(1)(C)(i), by striking ``of such title'' the second place it appears; and (2) in subsection (d)(2), by striking ``subsection'' and inserting ``section''. (c) Joinder of Parties.--Section 299(a) of title 35, United States Code, is amended in the matter preceding paragraph (1) by striking ``or counterclaim defendants only if'' and inserting ``only if''. (d) Dead Zones.-- (1) Inter partes review.--Section 311(c) of title 35, United States Code, shall not apply to a petition to institute an inter partes review of a patent that is not a patent described in section 3(n)(1) of the Leahy-Smith America Invents Act (35 U.S.C. 100 note). (2) Reissue.--Section 311(c)(1) of title 35, United States Code, is amended by striking ``or issuance of a reissue of a patent''. (e) Correct Inventor.-- (1) In general.--Section 135(e) of title 35, United States Code, as amended by section 3(i) of the Leahy-Smith America Invents Act, is amended by striking ``correct inventors'' and inserting ``correct inventor''. (2) Effective date.--The amendment made by paragraph (1) shall be effective as if included in the amendment made by section 3(i) of the Leahy-Smith America Invents Act. (f) Inventor's Oath or Declaration.--Section 115 of title 35, United States Code, as amended by section 4 of the Leahy-Smith America Invents Act, is amended-- (1) by striking subsection (f) and inserting the following: ``(f) Time for Filing.--The applicant for patent shall provide each required oath or declaration under subsection (a), substitute statement under subsection (d), or recorded assignment meeting the requirements of subsection (e) no later than the date on which the issue fee for the patent is paid.''; and (2) in subsection (g)(1), by striking ``who claims'' and inserting ``that claims''. (g) Travel Expenses and Payment of Administrative Judges.-- Notwithstanding section 35 of the Leahy-Smith America Invents Act (35 U.S.C. 1 note), the amendments made by section 21 of the Leahy-Smith America Invents Act (Public Law 112-29; 125 Stat. 335) shall be effective as of September 16, 2011. (h) Patent Term Adjustments.--Section 154(b) of title 35, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)(i)(II), by striking ``on which an international application fulfilled the requirements of section 371 of this title'' and inserting ``of commencement of the national stage under section 371 in an international application''; and (B) in subparagraph (B), in the matter preceding clause (i), by striking ``the application in the United States'' and inserting ``the application under section 111(a) in the United States or, in the case of an international application, the date of commencement of the national stage under section 371 in the international application''; (2) in paragraph (3)(B)(i), by striking ``with the written notice of allowance of the application under section 151'' and inserting ``no later than the date of issuance of the patent''; and (3) in paragraph (4)(A)-- (A) by striking ``a determination made by the Director under paragraph (3) shall have remedy'' and inserting ``the Director's decision on the applicant's request for reconsideration under paragraph (3)(B)(ii) shall have exclusive remedy''; and (B) by striking ``the grant of the patent'' and inserting ``the date of the Director's decision on the applicant's request for reconsideration''. (i) Improper Applicant.--Section 373 of title 35, United States Code, and the item relating to that section in the table of sections for chapter 37 of such title, are repealed. (j) Financial Management Clarifications.--Section 42(c)(3) of title 35, United States Code, is amended-- (1) in subparagraph (A)-- (A) by striking ``sections 41, 42, and 376,'' and inserting ``this title,''; and (B) by striking ``a share of the administrative costs of the Office relating to patents'' and inserting ``a proportionate share of the administrative costs of the Office''; and (2) in subparagraph (B), by striking ``a share of the administrative costs of the Office relating to trademarks'' and inserting ``a proportionate share of the administrative costs of the Office''. (k) Derivation Proceedings.-- (1) In general.--Section 135(a) of title 35, United States Code, as amended by section 3(i) of the Leahy-Smith America Invents Act, is amended to read as follows: ``(a) Institution of Proceeding.-- ``(1) In general.--An applicant for patent may file a petition with respect to an invention to institute a derivation proceeding in the Office. The petition shall set forth with particularity the basis for finding that an individual named in an earlier application as the inventor or a joint inventor derived such invention from an individual named in the petitioner's application as the inventor or a joint inventor and, without authorization, the earlier application claiming such invention was filed. Whenever the Director determines that a petition filed under this subsection demonstrates that the standards for instituting a derivation proceeding are met, the Director may institute a derivation proceeding. ``(2) Time for filing.--A petition under this section with respect to an invention that is the same or substantially the same invention as a claim contained in a patent issued on an earlier application, or contained in an earlier application when published or deemed published under section 122(b), may not be filed unless such petition is filed during the 1-year period following the date on which the patent containing such claim was granted or the earlier application containing such claim was published, whichever is earlier. ``(3) Earlier application.--For purposes of this section, an application shall not be deemed to be an earlier application with respect to an invention, relative to another application, unless a claim to the invention was or could have been made in such application having an effective filing date that is earlier than the effective filing date of any claim to the invention that was or could have been made in such other application. ``(4) No appeal.--A determination by the Director whether to institute a derivation proceeding under paragraph (1) shall be final and not appealable.''. (2) Effective date.--The amendment made by paragraph (1) shall be effective as if included in the amendment made by section 3(i) of the Leahy-Smith America Invents Act. (3) Review of interference decisions.--The provisions of sections 6 and 141 of title 35, United States Code, and section 1295(a)(4)(A) of title 28, United States Code, as in effect on September 15, 2012, shall apply to interference proceedings that are declared after September 15, 2012, under section 135 of title 35, United States Code, as in effect before the effective date under section 3(n) of the Leahy-Smith America Invents Act. The Patent Trial and Appeal Board may be deemed to be the Board of Patent Appeals and Interferences for purposes of such interference proceedings. (l) Patent and Trademark Public Advisory Committees.-- (1) In general.--Section 5(a) of title 35, United States Code, is amended-- (A) in paragraph (1), by striking ``Members of'' and all that follows through ``such appointments.'' and inserting the following: ``In each year, 3 members shall be appointed to each Advisory Committee for 3-year terms that shall begin on December 1 of that year. Any vacancy on an Advisory Committee shall be filled within 90 days after it occurs. A new member who is appointed to fill a vacancy shall be appointed to serve for the remainder of the predecessor's term.''; (B) by striking paragraph (2) and inserting the following: ``(2) Chair.--The Secretary of Commerce, in consultation with the Director, shall designate a Chair and Vice Chair of each Advisory Committee from among the members appointed under paragraph (1). If the Chair resigns before the completion of his or her term, or is otherwise unable to exercise the functions of the Chair, the Vice Chair shall exercise the functions of the Chair.''; and (C) by striking paragraph (3). (2) Transition.-- (A) In general.--The Secretary of Commerce shall, in the Secretary's discretion, determine the time and manner in which the amendments made by paragraph (1) shall take effect, except that, in each year following the year in which this Act is enacted, 3 members shall be appointed to each Advisory Committee (to which such amendments apply) for 3-year terms that begin on December 1 of that year, in accordance with section 5(a) of title 35, United States Code, as amended by paragraph (1) of this subsection. (B) Deemed termination of terms.--In order to implement the amendments made by paragraph (1), the Secretary of Commerce may determine that the term of an existing member of an Advisory Committee under section 5 of title 35, United States Code, shall be deemed to terminate on December 1 of a year beginning after the date of the enactment of this Act, regardless of whether December 1 is before or after the date on which such member's term would terminate if this Act had not been enacted. (m) Clerical Amendment.--Section 123(a) of title 35, United States Code, is amended in the matter preceding paragraph (1) by inserting ``of this title'' after ``For purposes''. (n) Effective Date.--Except as otherwise provided in this Act, the amendments made by this Act shall take effect on the date of enactment of this Act, and shall apply to proceedings commenced on or after such date of enactment. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on December 28, 2012. The summary of that version is repeated here.) Amends the Leahy-Smith America Invents Act (AIA) to make technical changes regarding the transitional program for covered business method patents and joinder of parties. Applies, to any civil action commenced on or after enactment of this Act, the AIA's bar on using an accused infringer's failure to obtain the advice of counsel to prove that any infringement was willful or induced. (Currently, the bar would not take effect until one year after the AIA's enactment.) Prohibits a nine-month waiting period for inter partes review from applying to issuances of first-to-invent patents ineligible for post-grant review. (Currently, the remaining first-to-invent patents to be issued prior to the effective date of the new first-to-file patent system have no avenue for review during the first nine months because they must wait nine months for inter parties review and are ineligible for post-grant review.) Revises the filing deadline for inter partes review to be after the later of either: (1) nine months after the grant of a patent (currently, nine months after such grant or the issuance of a reissue patent), or (2) the termination date of any post-grant review. Extends the time period for an applicant to file an inventor's oath or declaration, substitute statement, or recorded assignment until the date on which the issue fee for the patent is paid. (Current law permits a notice of allowance of a patent application only after such a filing.) Makes provisions concerning travel expenses for employees of the U.S. Patent and Trademark Office (USPTO) and the payment of administrative judges effective as of September 16, 2011. Modifies requirements and time periods for activities relating to patent term adjustments. Revises the patent extension period for certain international applications. Specifies that a civil action filed in the U.S. District Court for the Eastern District of Virginia is the exclusive remedy for challenging a USPTO decision on a request for reconsideration of a patent term adjustment determination. Repeals a provision prohibiting the USPTO from accepting certain international applications designating the United States from anyone not qualified under specified application requirements. Revises USPTO funding requirements to make all federal patent law fees available for expenses relating to patent processing and to permit patent and trademark fees to be used interchangeably to cover proportionate shares of the USPTO's administrative costs. (Currently, patent fees are used to cover administrative costs relating to patents while trademark fees are used to cover administrative costs relating to trademarks.) Modifies requirements for applicants filing petitions to institute derivation proceedings and delineates the criteria applied to deem an application as an earlier application with respect to an invention relative to another application. Sets forth authority for the Patent Trial and Appeal Board to conduct, and for courts to review appeals from, interference proceedings declared after enactment but before the effective date of certain AIA amendments replacing interference proceedings with derivation proceedings. Modifies the original appointment terms for members of the Patent Public Advisory Committee and the Trademark Public Advisory Committee. Directs the Secretary of Commerce to designate, from among the appointed members, a Chair and Vice Chair of each committee.

To correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Superior National Forest Land Adjustment Act of 2008''. SEC. 2. FINDINGS AND DEFINITIONS. (a) Findings.--The Congress finds the following: (1) Fragmentation of property rights on certain lands described herein within and adjacent to the Superior National Forest in Minnesota hampers the ability of the Forest Service to manage associated forested areas as well as the ability of private mineral owners to utilize their mineral rights. (2) The United States primarily owns the surface estate in the lands described in section 3, subject to reserved and outstanding mineral rights, with such lands located within a well-established mining district with a large open pit mine lying directly to the north and a mine railroad lying directly to the south. (3) The public interest in selling the federally owned property estate interests in lands described in section 3 under the terms and conditions of this Act would appear to outweigh the interest served by maintaining such lands under Federal ownership subject to a final determination under this Act. (4) The sale of some Federal surface and subsurface rights in land under this Act will facilitate mining in the areas described in section 3, and thereby improve the local and national economy by providing needed mineral resources, enhancing the property tax base, and promoting employment opportunities through expanded job creation and will allow for the acquisition of desirable public holdings that are located within or adjacent to Forest Service land by the Forest Service. (5) Minnesota and the Army Corps of Engineers, in cooperation with the Forest Service, are preparing an environmental impact statement for the proposed mining operations by PolyMet Mining, Inc., on and adjacent to the lands authorized for conveyance by this Act, more fully described in the notice of intent of the Department of Defense (70 Fed. Reg. 38122 (July 1, 2005)) and a draft environmental impact statement is expected to be released for public review and comment in the near future. (6) Proceeds from the sale of lands authorized by this Act shall be used by the Forest Service to purchase desirable private inholdings within and adjacent to the Superior National Forest consistent with the land and resource management plan for the Superior National Forest. (b) Definitions.--In this Act: (1) The term ``lands'' includes interests in lands. (2) The term ``Secretary'' means the Secretary of Agriculture. (3) The term ``surface mining'' means the excavation of lands for the purposes of obtaining minerals, including excavation by such methods as contour, strip, auger, open pit, and area mining. SEC. 3. LAND CONVEYANCE AUTHORITY, SUPERIOR NATIONAL FOREST, MINNESOTA. (a) Conveyance Authority.-- (1) After considering the public interest factors described in paragraph (2), the Secretary of Agriculture may sell in accordance with this Act any or all right, title, and interest of the United States in and to the lands within the Superior National Forest in Minnesota described in subsection (b). (2) The sale authorized by this Act may proceed if, based on the environmental documentation provided in accordance with section 5(b), or other information as the Secretary may choose to utilize, the Secretary determines that a sale will-- (A) result in better and more efficient management and development of Federal lands and resources taking into consideration the property interests and reservations for mining uses and surrounding use of the lands which are the subject of this Act; (B) help consolidate the ownership of lands or interests in such lands, including mineral rights and surface ownership, thereby promoting economic development; (C) result in receipt to the public of consideration equal to appraised market value as defined herein; and (D) allow with proceeds from any sale the purchase of replacement lands which result in a net benefit to the multiple use resources of the Superior National Forest. (3) This subsection prescribes the sole public interest determination required for any sale. (b) Lands Authorized for Conveyance.-- (1) Lands described.--The federally owned lands subject to sale under this Act are certain lands located in St. Louis County, Minnesota, comprising approximately 6,700 acres, more fully described as follows: (A) Township 59 North, Range 13 West, 4th Principal Meridian: (i) Sections 1 through 9, inclusive. (ii) Sections 10, 11, 17, and 18, those portions lying north of and subject to the right-of-way held by the Erie Railroad. (iii) The N\1/2\ of section 12. (B) Township 59 North, Range 12 West, 4th Principal Meridian: (i) Section 6: Lots 3, 4, and 9, inclusive. (ii) Section 7: Lots 3 and 4, inclusive. (C) Township 60 North, Range 13 West, 4th Principal Meridian: (i) The S\1/2\SE\1/4\ of section 33. (ii) The S\1/2\S\1/2\ of section 34. (iii) The S\1/2\S\1/2\ of section 35. (2) Map.--The lands described in paragraph (1) are generally depicted on a Forest Service map dated October 4, 2007, and entitled ``PolyMet (Proponent) Case #4544'', which shall be on file and available for public inspection in the office of the Forest Supervisor, Superior National Forest, until such time as the lands are conveyed. (3) Modification of boundaries.--The Secretary may modify the boundaries of the lands described in paragraph (1) based on factors such as buffers and other land management considerations. (c) Form of Conveyance.--The lands sold under this Act shall be conveyed by quitclaim deed executed by the Forest Service, Eastern Region, Director of Air, Soil, Water, Lands, and Minerals. The Secretary may reserve such rights-of-way or other rights or interests in the lands as the Secretary considers necessary for future public land management purposes or is otherwise in the public interest. (d) Valuation.--Any appraisal of the lands to be sold under this Act shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions, and the appraisal shall be subject to the approval of the Secretary. For purposes of appraisal, it shall be assumed that the lands authorized for conveyance under this Act are subject to the right of the United States, as surface owner to allow or deny all forms of surface mining. (e) Consideration.--Consideration for a sale of lands under this Act shall be in an amount not less than the appraised market value as determined in accordance with subsection (d). (f) Method of Sale.--The Secretary may sell lands described in subsection (b) at public or private sale, including competitive sale by auction, bid, or otherwise, in accordance with such terms, conditions, and procedures as the Secretary determines are in the best interests of the United States, subject to the following: (1) The Secretary shall first offer the sale of such lands for consideration at the appraised market value to Poly Met Mining, Inc., a Minnesota corporation, which shall have 90 days from the date of the offer during which to contract for the purchase of such lands. (2) During the 90-day period referred to in paragraph (1), the Secretary shall not offer to sell such lands to any party other than Poly Met Mining, Inc. (3) In the offer under paragraph (1), the Secretary shall require Poly Met Mining, Inc., to cover the costs of survey, appraisal, and other expenditures directly associated with the proposed sale. (4) The Secretary may reject any counteroffer made by Poly Met Mining, Inc., in response to the offer of the Secretary under paragraph (1) if the Secretary determines that the counteroffer is less than fair market value or is not in the public interest. (g) Brokers.--The Secretary may utilize brokers or other third parties in the disposition of the lands authorized by this Act and, from the proceeds of a sale, may pay reasonable commissions or fees. SEC. 4. TREATMENT OF PROCEEDS. (a) Deposit.--The Secretary shall deposit the proceeds of a sale authorized by this Act in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (b) Availability.--Monies deposited under subsection (a) shall be available to the Secretary until expended, without further appropriation, only for the acquisition of lands within and adjacent to the Superior National Forest. Monies deposited into the fund described in subsection (a) shall not be subject to transfer or reprogramming for wildland fire management or any other emergency purpose. (c) Priority Land Acquisitions.--In utilizing funds derived from any sale of lands or interests authorized by this Act, in acquiring lands the Secretary shall give priority to-- (1) privately owned inholdings within the Boundary Waters Canoe Area Wilderness; (2) lands having important recreational, scenic, or natural values; or (3) eliminating nonconforming uses of land within the Superior National Forest when such uses are or may be reasonably expected to have detrimental impact on the area's recreational, scenic, or natural values. SEC. 5. MISCELLANEOUS PROVISIONS. (a) Wetlands Offset.--For purposes of compliance with Executive Order 11990 (42 Fed. Reg. 26961 (May 24, 1977)) and Executive Order 11988 (42 Fed. Reg. 26951 (May 24, 1977)), the Secretary shall, within 7 years after the date of final conveyance of lands or interests under this Act, ensure that the total functional value of the wetlands acquired pursuant to section 4 is equal to or exceeds the functional value of the wetlands sold under this Act. (b) Environmental Analysis Requirement.-- (1) For conveyances authorized by this Act, the Secretary shall assume that the future use of the lands so conveyed will be for surface mining. (2) For conveyances authorized by this Act-- (A) the Secretary shall be a cooperating agency on the environmental impact statement described in section 2(a)(5); and (B) the final environmental impact statement described in section 2(a)(5) shall disclose and document the material environmental effects, if any, from the anticipated sale of the land and property interests under this Act, to the extent required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and regulations promulgated thereunder. (3) In complying with the requirements of this subsection, the Corps of Engineers, the State of Minnesota, and the Forest Service shall not be required to repeat notice or comment procedures, including scoping, already accomplished as of the effective date of this Act with respect to the preparation of the environmental impact statement described in section 2(a)(5), or republish a revised draft environmental impact statement to the extent one is published prior to the effective date of this Act. (4) For purposes of implementing this Act, the Forest Service shall only be required to utilize the final environmental impact statement described in section 2(a)(5), including the information required under paragraph (2) and shall not be required to do additional analysis or data gathering. (5) The closing of any land sale authorized under this Act shall not occur before the date on which notice of the final environmental impact statement described in section 2(a)(5) is published in the Federal Register. (c) Deadline for Sale of Lands.--To the extent practicable, the sale of lands authorized by this Act shall be completed within 180 days after the date described in subsection (b)(5).

Superior National Forest Land Adjustment Act of 2008 - Authorizes the Secretary of Agriculture, after consideration of specified public interest factors, to sell certain lands in Superior National Forest in Minnesota. Requires: (1) consideration for a sale of lands to be not less than the appraised market value of those lands; and (2) the first offer for the sale of the lands under this Act to be made to Poly Met Mining, Inc.

A bill to authorize the sale of certain National Forest System lands in the Superior National Forest in Minnesota.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Junk Fax Prevention Act of 2005''. SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED ADVERTISEMENTS. (a) Prohibition.--Section 227(b)(1)(C) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is amended to read as follows: ``(C) to use any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement, unless-- ``(i) the unsolicited advertisement is from a sender with an established business relationship with the recipient; ``(ii) the sender obtained the number of the telephone facsimile machine through-- ``(I) the voluntary communication of such number, within the context of such established business relationship, from the recipient of the unsolicited advertisement, or ``(II) a directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its facsimile number for public distribution, except that this clause shall not apply in the case of an unsolicited advertisement that is sent based on an established business relationship with the recipient that was in existence before the date of enactment of the Junk Fax Prevention Act of 2005 if the sender possessed the facsimile machine number of the recipient before such date of enactment; and ``(iii) the unsolicited advertisement contains a notice meeting the requirements under paragraph (2)(D), except that the exception under clauses (i) and (ii) shall not apply with respect to an unsolicited advertisement sent to a telephone facsimile machine by a sender to whom a request has been made not to send future unsolicited advertisements to such telephone facsimile machine that complies with the requirements under paragraph (2)(E); or''. (b) Definition of Established Business Relationship.--Section 227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) The term `established business relationship', for purposes only of subsection (b)(1)(C)(i), shall have the meaning given the term in section 64.1200 of title 47, Code of Federal Regulations, as in effect on January 1, 2003, except that-- ``(A) such term shall include a relationship between a person or entity and a business subscriber subject to the same terms applicable under such section to a relationship between a person or entity and a residential subscriber; and ``(B) an established business relationship shall be subject to any time limitation established pursuant to paragraph (2)(G)).''. (c) Required Notice of Opt-Out Opportunity.--Section 227(b)(2) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(D) shall provide that a notice contained in an unsolicited advertisement complies with the requirements under this subparagraph only if-- ``(i) the notice is clear and conspicuous and on the first page of the unsolicited advertisement; ``(ii) the notice states that the recipient may make a request to the sender of the unsolicited advertisement not to send any future unsolicited advertisements to a telephone facsimile machine or machines and that failure to comply, within the shortest reasonable time, as determined by the Commission, with such a request meeting the requirements under subparagraph (E) is unlawful; ``(iii) the notice sets forth the requirements for a request under subparagraph (E); ``(iv) the notice includes-- ``(I) a domestic contact telephone and facsimile machine number for the recipient to transmit such a request to the sender; and ``(II) a cost-free mechanism for a recipient to transmit a request pursuant to such notice to the sender of the unsolicited advertisement; the Commission shall by rule require the sender to provide such a mechanism and may, in the discretion of the Commission and subject to such conditions as the Commission may prescribe, exempt certain classes of small business senders, but only if the Commission determines that the costs to such class are unduly burdensome given the revenues generated by such small businesses; ``(v) the telephone and facsimile machine numbers and the cost-free mechanism set forth pursuant to clause (iv) permit an individual or business to make such a request at any time on any day of the week; and ``(vi) the notice complies with the requirements of subsection (d);''. (d) Request To Opt-Out of Future Unsolicited Advertisements.-- Section 227(b)(2) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)), as amended by subsection (c), is further amended by adding at the end the following: ``(E) shall provide, by rule, that a request not to send future unsolicited advertisements to a telephone facsimile machine complies with the requirements under this subparagraph only if-- ``(i) the request identifies the telephone number or numbers of the telephone facsimile machine or machines to which the request relates; ``(ii) the request is made to the telephone or facsimile number of the sender of such an unsolicited advertisement provided pursuant to subparagraph (D)(iv) or by any other method of communication as determined by the Commission; and ``(iii) the person making the request has not, subsequent to such request, provided express invitation or permission to the sender, in writing or otherwise, to send such advertisements to such person at such telephone facsimile machine;''. (e) Authority To Establish Nonprofit Exception.--Section 227(b)(2) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)), as amended by subsections (c) and (d), is further amended by adding at the end the following: ``(F) may, in the discretion of the Commission and subject to such conditions as the Commission may prescribe, allow professional or trade associations that are tax-exempt nonprofit organizations to send unsolicited advertisements to their members in furtherance of the association's tax-exempt purpose that do not contain the notice required by paragraph (1)(C)(iii), except that the Commission may take action under this subparagraph only-- ``(i) by regulation issued after public notice and opportunity for public comment; and ``(ii) if the Commission determines that such notice required by paragraph (1)(C)(iii) is not necessary to protect the ability of the members of such associations to stop such associations from sending any future unsolicited advertisements; and''. (f) Authority To Establish Time Limit on Established Business Relationship Exception.--Section 227(b)(2) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)), as amended by subsections (c), (d), and (e) of this section, is further amended by adding at the end the following: ``(G)(i) may, consistent with clause (ii), limit the duration of the existence of an established business relationship, however, before establishing any such limits, the Commission shall-- ``(I) determine whether the existence of the exception under paragraph (1)(C) relating to an established business relationship has resulted in a significant number of complaints to the Commission regarding the sending of unsolicited advertisements to telephone facsimile machines; ``(II) determine whether a significant number of any such complaints involve unsolicited advertisements that were sent on the basis of an established business relationship that was longer in duration than the Commission believes is consistent with the reasonable expectations of consumers; ``(III) evaluate the costs to senders of demonstrating the existence of an established business relationship within a specified period of time and the benefits to recipients of establishing a limitation on such established business relationship; and ``(IV) determine whether with respect to small businesses, the costs would not be unduly burdensome; and ``(ii) may not commence a proceeding to determine whether to limit the duration of the existence of an established business relationship before the expiration of the 3-month period that begins on the date of the enactment of the Junk Fax Prevention Act of 2005.''. (g) Unsolicited Advertisement.--Section 227(a)(5) of the Communications Act of 1934, as so redesignated by subsection (b)(1), is amended by inserting ``, in writing or otherwise'' before the period at the end. (h) Regulations.--Except as provided in section 227(b)(2)(G)(ii) of the Communications Act of 1934 (as added by subsection (f)), not later than 270 days after the date of enactment of this Act, the Federal Communications Commission shall issue regulations to implement the amendments made by this section. SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT. Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended by adding at the end the following: ``(g) Junk Fax Enforcement Report.--The Commission shall submit an annual report to Congress regarding the enforcement during the past year of the provisions of this section relating to sending of unsolicited advertisements to telephone facsimile machines, which report shall include-- ``(1) the number of complaints received by the Commission during such year alleging that a consumer received an unsolicited advertisement via telephone facsimile machine in violation of the Commission's rules; ``(2) the number of citations issued by the Commission pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines; ``(3) the number of notices of apparent liability issued by the Commission pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines; ``(4) for each notice referred to in paragraph (3)-- ``(A) the amount of the proposed forfeiture penalty involved; ``(B) the person to whom the notice was issued; ``(C) the length of time between the date on which the complaint was filed and the date on which the notice was issued; and ``(D) the status of the proceeding; ``(5) the number of final orders imposing forfeiture penalties issued pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines; ``(6) for each forfeiture order referred to in paragraph (5)-- ``(A) the amount of the penalty imposed by the order; ``(B) the person to whom the order was issued; ``(C) whether the forfeiture penalty has been paid; and ``(D) the amount paid; ``(7) for each case in which a person has failed to pay a forfeiture penalty imposed by such a final order, whether the Commission referred such matter for recovery of the penalty; and ``(8) for each case in which the Commission referred such an order for recovery-- ``(A) the number of days from the date the Commission issued such order to the date of such referral; ``(B) whether an action has been commenced to recover the penalty, and if so, the number of days from the date the Commission referred such order for recovery to the date of such commencement; and ``(C) whether the recovery action resulted in collection of any amount, and if so, the amount collected.''. SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT. (a) In General.--The Comptroller General of the United States shall conduct a study regarding complaints received by the Federal Communications Commission concerning unsolicited advertisements sent to telephone facsimile machines, which study shall determine-- (1) the mechanisms established by the Commission to receive, investigate, and respond to such complaints; (2) the level of enforcement success achieved by the Commission regarding such complaints; (3) whether complainants to the Commission are adequately informed by the Commission of the responses to their complaints; and (4) whether additional enforcement measures are necessary to protect consumers, including recommendations regarding such additional enforcement measures. (b) Additional Enforcement Remedies.--In conducting the analysis and making the recommendations required under subsection (a)(4), the Comptroller General shall specifically examine-- (1) the adequacy of existing statutory enforcement actions available to the Commission; (2) the adequacy of existing statutory enforcement actions and remedies available to consumers; (3) the impact of existing statutory enforcement remedies on senders of facsimiles; (4) whether increasing the amount of financial penalties is warranted to achieve greater deterrent effect; and (5) whether establishing penalties and enforcement actions for repeat violators or abusive violations similar to those established under section 1037 of title 18, United States Code, would have a greater deterrent effect. (c) Report.--Not later than 270 days after the date of enactment of this Act, the Comptroller General shall submit a report on the results of the study under this section to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Junk Fax Prevention Act of 2005 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to a person who has requested that such sender not send such advertisements, or to any other person unless: (1) the sender has an established business relationship with the person; (2) the sender obtained the fax number through voluntary communication from the recipient or from an Internet directory or site to which the recipient voluntarily made the fax number available for public distribution; and (3) the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number (neither of which can be a pay-per-call number) for sending such a request. Requires the Federal Communications Commission (FCC) to provide that a request not to send unsolicited advertisements complies with FCC requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to have such advertisements sent. Authorizes the FCC to: (1) allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes; and (2) establish a time limit on established business relationships for purposes of this Act. Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.

A bill to amend section 227 of the Communications Act of 1934 (47 U.S.C. 227) relating to the prohibition on junk fax transmissions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nutritional Advertising Coordination Act of 1993''. SEC. 2. FEDERAL TRADE COMMISSION RULES REGARDING UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH FOOD ADVERTISING. (a) Regulations.--Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) is amended by adding at the end the following: ``(n) The Commission shall prescribe rules to prohibit unfair and deceptive acts and practices in food advertising. Such rules shall require that claims in advertising for food-- ``(1) characterizing the level of any nutrient in the food of the type required by section 403(q)(1) or 403(q)(2) of the Federal Food, Drug, and Cosmetic Act to be in the labeling of the food, or ``(2) characterizing the relationship of any such nutrient to a disease or health related condition, shall be consistent, to the fullest extent feasible, with section 403(r) of the Federal Food, Drug, and Cosmetic Act and with the regulations of the Secretary of Health and Human Services implementing such section and the corresponding regulations issued by the Secretary of Agriculture.''. (b) Rulemaking.-- (1) Section 18 rule.--A rule issued under section 5(n) of the Federal Trade Commission Act (added by subsection (a)) shall be treated as a rule issued under section 18(a)(1)(B) of such Act (15 U.S.C. 57a(a)(1)(B)). (2) Time and procedure.-- (A) Time period.--The Federal Trade Commission shall issue proposed rules under section 5(n) of the Federal Trade Commission Act (as added by subsection (a)) within 180 days of the date of the enactment of this Act and shall issue final rules under such section within 360 days of such enactment. (B) Procedure.--The Federal Trade Commission shall issue rules under section 5(n) of the Federal Trade Commission Act (as added by subsection (a)) in accordance with section 553 of title 5, United States Code. SEC. 3. 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 Federal Trade Commission under section 5(n) of the Federal Trade Commission Act, 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.--A State shall serve prior written notice of any civil action under subsection (a) upon the Federal Trade 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 subsection (a) in a district court of the United States may be brought in the district where the defendant transacts business or where the violation occurred. (d) Investigatory Powers.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations, including administering oaths or affirmations, compeling the attendance of witnesses, or the production of documentary and other evidence. (e) Limitation.--Whenever the Federal Trade Commission has instituted a civil action for violation of any rule under section 5(n) of the Federal Trade Commission 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 such rule as alleged in the Commission's complaint. (f) Actions by Other State or Local Officials.-- (1) In general.--Nothing contained in this section shall prohibit an official authorized by a State or locality from proceeding in a court of a State or locality on the basis of an alleged violation of any general civil or criminal statute of such State or locality. (2) Other officials.--In addition to actions brought by an attorney general of a State under subsection (a), such an action may be brought by other officials authorized by a State or locality 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 2(a). (h) Definitions.--For purposes of this section: (1) The term ``attorney general'' means the chief legal officer of a State. (2) The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, and any territory or possession of the United States. (3) The term ``locality'' means any political subdivision of a State as defined in paragraph (2).

Nutritional Advertising Coordination Act of 1993 - Amends the Federal Trade Commission Act to direct such Commission to prescribe rules prohibiting unfair and deceptive acts and practices in food advertising. Requires such rules to require that claims in advertising for food characterizing the level of any nutrient in food or the relationship of any such nutrient to a disease be consistent with specified provisions of the Federal Food, Drug, and Cosmetic Act concerning misbranded food. Authorizes a State to bring a civil action when it believes that such rules have been violated.

Nutritional Advertising Coordination Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare Fairness Act''. SEC. 2. FINDINGS. The Congress find that-- (1) the Wisconsin State Legislature has passed legislation calling upon the Congress of the United States to provide for Federal establishment of benefit levels for aid to families with dependent children (AFDC); (2) the current variation in benefit levels from State to State has discouraged families receiving AFDC from remaining in their home communities, although it is generally in the best interest of all citizens to live close to their families, friends, and support networks, and where job opportunities exist, and decisions on where to live should not be complicated by the level of AFDC benefits; (3) under the current system, taxpayers in States are paying differing amounts, with some States providing comparatively more in AFDC benefits while others are paying well beneath the level of poverty; and (4) because poverty does not know State boundaries, and because of the current disparities in the system for both taxpayers and AFDC recipients, uniform AFDC benefits should be determined federally. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``Commission on Welfare Fairness'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. Within 1 year after the first date there are 8 members of the Commission, the Commission shall, in consultation with State officials responsible for the administration of State programs of aid to families with dependent children-- (1) establish a uniform standard of need for recipients of aid to families with dependent children under a State plan approved under part A of title IV of the Social Security Act; (2) devise a formula for adjusting the uniform standard of need, on an annual basis, for differences among the States in the cost of living for low income persons; and (3) devise a method of adjusting the uniform standard of need to offset any other documented incentive for interstate migration by persons seeking a higher level of benefits under the program of aid to families with dependent children. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members appointed by the President, in consultation with the Secretary of Health and Human Services and with State officials responsible for the administration of State programs of aid to families with dependent children, and by and with the advice and consent of the Senate, not later than June 1, 1995. (b) Qualifications.-- (1) Individual qualifications.--Each member of the Commission shall-- (A) have experience in the delivery of social services; or (B) represent advocacy groups that work for the interests of lower income individuals. (2) Group qualification.--The members of the Commission, as a whole, shall represent the various regions of the United States. (c) Staggered Terms of Office.-- (1) In general.--Each Commission member shall be appointed for a term of 6 years, except as provided in paragraphs (2) and (3). (2) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- (A) 5 shall be appointed for terms of 2 years; and (B) 5 shall be appointed for terms of 4 years. (3) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. (d) Compensation.--The members of the Commission shall not receive compensation by reason of their service on the Commission, except travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--8 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Chairperson; Vice Chairperson.--The Chairperson and Vice Chairperson of the Commission shall be elected by the members. (g) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members of the Commission. SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Chairperson of the Commission may, with the approval of the Commission, and without regard to section 5311(b) of title 5, United States Code, appoint and fix the pay of a director and such additional personnel as may be necessary to enable the Commission to perform its duties, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level V of the Executive Schedule. (b) Staff.--The Chairperson of the Commission may, without regard to section 5311(b) of title 5, United States Code, appoint and fix the pay of such additional personnel as may be necessary to enable the Commission to perform its duties, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level V of the Executive Schedule. (c) Experts and Consultants.--The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule. (d) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail to the Commission, without reimbursement, any personnel of the department or agency to assist the Commission in carrying out the duties of the Commission. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.-- (1) In general.--Subject to paragraph (2), the Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Broad public participation.--The Commission shall conduct hearings in various areas of the United States, including inner cities, suburbs, and rural areas, to gather a broad spectrum of information on the issues to be addressed by the Commission. All interested persons shall be afforded an opportunity to testify at such hearings. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson, the head of that department or agency shall furnish such information to the Commission, to the extent not otherwise prohibited by law. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 8. ANNUAL REPORTS. (a) First Report.--Upon the establishment of a uniform standard of need and a formula and method for adjusting the uniform standard of need under section 4, the Commission shall submit to the President, the Secretary of Health and Human Services, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report on the uniform standard of need, and the formula and method for adjusting the uniform standard of need. (b) Subsequent Reports.--On each anniversary of the date the report required by subsection (a) is submitted, the Commission shall submit to the President, the Secretary of Health and Human Services, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report that reviews the success of the establishment of a uniform standard of need in curbing interstate migration for the purposes of seeking greater payments of aid to families with dependent children under State plans approved under part A of title IV of the Social Security Act. SEC. 9. TERMINATION. (a) In General.--The Commission shall terminate 6 years after the first date there are 8 members of the Commission. (b) Inapplicability of Termination Provision of the Federal Advisory Committee Act.--Section 14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to the Commission. SEC. 10. CONFORMING AMENDMENTS. (a) In General.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended-- (1) by striking ``and'' at the end of paragraph (44); (2) by striking the period at the end of paragraph (45) and inserting a semicolon; and (3) by inserting after paragraph (45) the following: ``(46) provide that the State's standard of need for a family shall be-- ``(A) during the life of the Commission on Welfare Fairness, the uniform standard of need determined for a family of the same size by the Commission on Welfare Fairness under section 4 of the Welfare Fairness Act, adjusted by the Commission (as appropriate) in accordance with the formula and method established under such section; and ``(B) after the termination of the Commission, the uniform standard of need referred to in subparagraph (A) of this paragraph, adjusted by the Secretary (as appropriate) in accordance with the formula and method established under such section; and ``(47) provide that, in determining the amount of aid payable to a family under the State plan, the State may not apply any rule not expressly provided in Federal law.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to payments under part A of title IV of the Social Security Act for calendar quarters ending after the date the Commission establishes a uniform standard of need, and a formula and method for adjusting the uniform standard of need, under section 3 of this Act.

Welfare Fairness Act - Establishes the Commission on Welfare Fairness to establish a uniform standard of need for recipients of Aid to Families with Dependent Children (AFDC) under part A of title IV of the Social Security Act, and provide for appropriate adjustments to such standard.

Welfare Fairness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Worker Incentive Act of 1999''. SEC. 2. NATIONAL CHILD CARE PROVIDER SCHOLARSHIP PROGRAM. (a) Establishment of Program.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended-- (1) by inserting ``(a) In General.--'' before ``A State''; and (2) by adding at the end the following: ``(b) Child Care Provider Scholarship Program.-- ``(1) State plan requirement.--In order to be eligible for funds under section 658J(a)(2), a State shall include in its plan under section 658E a child care provider scholarship program plan, meeting the requirements of this subsection, designed to further the goals of child care provider recruitment, training, credentialing, and retention. ``(2) Eligibility criteria for scholarship applicants.--The State plan shall provide that, in order for an individual to be eligible for a scholarship grant under this subsection, the following requirements shall be met: ``(A) Demonstrated commitment to child care career.--The individual-- ``(i) shall be a child care worker who is (or is employed by) a licensed or registered child care provider, or has a commitment for employment from a licensed or registered child care provider; and ``(ii) shall agree in writing to continue to be employed in the field of child care for at least one year after receiving the training for which assistance is provided. ``(B) Cost sharing by applicant.-- ``(i) In general.--The individual (either as provided in clause (ii) or otherwise) shall provide for payment, in cash or in kind, of a share of the cost of the education or training. ``(ii) Application for pell grants.--In the case of an application for a scholarship intended for use in an educational institution participating in the Pell Grant program under title IV of the Higher Education Act, the individual shall apply for a grant under such program for which the individual is eligible. ``(C) Employer requirements.--In the case of an individual employed by (or who has a commitment for employment from) a licensed or registered child care provider the individual's employer shall-- ``(i) pay a share of the cost of the education or training; and ``(ii) agree to provide increased financial incentives to the individual, such as a salary increase or bonus, when the individual completes the education or training. ``(3) Qualifying educational institutions.--The State plan shall specify the types of educational and training programs for which scholarships granted under the State program may be used, which shall be limited to (but may include any or all) programs that-- ``(A) are administered by institutions of higher education that are eligible to participate in student financial assistance programs under title IV of the Higher Education Act of 1965; and ``(B) lead to a State or national credential in child care or early childhood or early childhood special education, or to an associate or bachelor's degree in child development or early childhood education. ``(4) Annual maximum scholarship grant amount.--The maximum amount of a scholarship awarded to an eligible individual under this section may not exceed $1,500 per year. ``(5) Supplementation of other funding.--The State plan shall contain assurances that Federal funds provided to the State under this subsection will not be used to supplant Federal or non-Federal funds for existing services and activities that promote the purposes of this subsection.''. (b) Authorization of Appropriations.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended (1) by inserting ``(a) In General.--'' before ``There''; and (2) by adding at the end the following: ``(b) Child Care Provider Scholarship Program.--There is authorized to be appropriated to carry out section 658G(b) $50,000,000 for each of fiscal years 2000 through 2004.''. (c) Allotment.--Section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) is amended-- (1) in subsection (a)-- (A) in paragraph (1) by striking ``this subchapter'' and inserting ``each subsection of section 658B''; and (B) in paragraph (2) by striking ``section 658B'' and inserting ``section 658B(a)''; (2) in subsection (b)(1) in the matter preceding subparagraph (A), by inserting ``each subsection of'' before ``section 658B''; and (3) in subsection (e)(1) by striking ``the allotment under subsection (b)'' and inserting ``an allotment under subsection (b)''. (d) Payments.--Section 658J(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858h) is amended-- (1) by inserting ``(1)'' before ``Subject''; and (2) by adding at the end the following: ``(2) A State described in paragraph (1) whose plan under section 658E provides for a child care scholarship program under section 658G(b) shall be entitled to payment under this section in an amount equal to the lesser of its allotment under section 658O or 80 percent of expenditures by the State for such program.''. (e) Annual Report.--Section 658K(a)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i) is amended-- (1) in subparagraph (D) by striking ``and'' at the end; (2) in subparagraph (E) by adding ``and'' at the end; and (3) by inserting after subparagraph (E) the following: ``(F) the child care scholarship program, including-- ``(i) the number of child care workers receiving scholarship grants; ``(ii) the amount of each scholarship grant; ``(iii) the number of course credits or credentials completed by individuals receiving scholarships; ``(iv) the number and percentage of child care workers receiving scholarship grants in the previous year who fulfilled their 1-year commitment; and ``(v) such other data as the Secretary may require.''. SEC. 3. APPLICATION OF AMENDMENTS. The amendments made by this Act shall not apply with respect to fiscal years beginning before the date of the enactment of this Act.

Child Care Worker Incentive Act of 1999 - Amends the Child Care and Development Block Grant Act of 1990 to establish a national child care provider scholarship program. Sets forth eligibility criteria for scholarship applicants, including: (1) demonstrated commitment to a child care career; (2) cost sharing by the applicant and employer; and (3) the employer's agreement to provide increased financial incentives to the employee upon completion of the education or training. Includes such program under requirements for State plans, allotments, payments, and annual reports. Authorizes appropriations.

Child Care Worker Incentive Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saudi Arabia Accountability Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) United Nations Security Council Resolution 1373 (2001) mandates that all states ``refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts'', take ``the necessary steps to prevent the commission of terrorist acts'', and ``deny safe haven to those who finance, plan, support, or commit terrorist acts''. (2) The Council on Foreign Relations concluded in an October 2002 report on terrorist financing that ``[f]or years, individuals and charities based in Saudi Arabia have been the most important source of funds for al-Qaeda, and for years, Saudi officials have turned a blind eye to this problem''. (3) The Middle East Media Research Institute concluded in a July 3, 2003, report on Saudi support for Palestinian terrorists that ``for decades, the royal family of the Kingdom of Saudi Arabia has been the main financial supporter of Palestinian groups fighting Israel''. The report notes specifically that Saudi-sponsored organizations have funneled over $4,000,000,000 to finance the Palestinian intifada that began in September 2000. (4) Much of this Saudi money has been directed to Hamas and to the families of suicide bombers, directly funding and rewarding suicide bombers. In December 2000, former Palestinian Prime Minister Mahmoud Abbas wrote to the Saudis to complain about their support for Hamas. (5) The New York Times, citing United States and Israeli sources, reported on September 17, 2003, that at least 50 percent of the current operating budget of Hamas comes from ``people in Saudi Arabia''. (6) Many Saudi-funded religious institutions and the literature they distribute teach a message of hate and intolerance that provides an ideological basis for anti-Western terrorism. The effects of these teachings are evidenced by the fact that Osama bin Laden himself and 15 of the 19 September 11th hijackers were Saudi citizens. (7) After the 1996 bombing of the Khobar Towers housing complex at Dahran, Saudi Arabia, which killed 19 United States Air Force personnel and wounded approximately 400 people, the Government of Saudi Arabia refused to allow United States officials to question individuals held in detention by the Saudis in connection with the attack. (8) During an October 2002 hearing on financing of terrorism before the Committee on the Judiciary of the Senate, the Undersecretary for Enforcement of the Department of the Treasury testified that the Government of Saudi Arabia had taken only ``baby steps'' toward stemming the financing of terrorist activities. (9) During a July 2003 hearing on terrorism before the Subcommittee on Terrorism, Technology and Homeland Security of the Committee on the Judiciary of the Senate, David Aufhauser, General Counsel of the Treasury Department, stated that Saudi Arabia is, in many cases, the ``epicenter'' of financing for terrorism. (10) A joint committee of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives issued a report on July 24, 2003, that quotes various United States Government personnel who complained that the Saudis refused to cooperate in the investigation of Osama bin Laden and his network both before and after the September 11, 2001, terrorist attacks. (11) There are indications that, since the May 12, 2003, suicide bombings in Riyadh, the Government of Saudi Arabia is making a more serious effort to combat terrorism. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is imperative that the Government of Saudi Arabia immediately and unconditionally-- (A) provide complete, unrestricted, and unobstructed cooperation to the United States, including the unsolicited sharing of relevant intelligence in a consistent and timely fashion, in the investigation of groups and individuals that are suspected of financing, supporting, plotting, or committing an act of terror against United States citizens anywhere in the world, including within the Kingdom of Saudi Arabia; (B) permanently close all charities, schools, or other organizations or institutions in the Kingdom of Saudi Arabia that fund, train, incite, encourage, or in any other way aid and abet terrorism anywhere in the world (hereafter in this Act referred to as ``Saudi- based terror organizations''), including by means of providing support for the families of individuals who have committed acts of terrorism; (C) end funding or other support by the Government of Saudi Arabia for charities, schools, and any other organizations or institutions outside the Kingdom of Saudi Arabia that train, incite, encourage, or in any other way aid and abet terrorism anywhere in the world (hereafter in this Act referred to as ``offshore terror organizations''), including by means of providing support for the families of individuals who have committed acts of terrorism; and (D) block all funding from private Saudi citizens and entities to any Saudi-based terror organization or offshore terrorism organization; and (2) the President, in deciding whether to make the certification under section 4, should judge whether the Government of Saudi Arabia has continued and sufficiently expanded the efforts to combat terrorism that it redoubled after the May 12, 2003, bombing in Riyadh. SEC. 4. SANCTIONS. (a) Restrictions on Exports and Diplomatic Travel.--Unless the President makes the certification described in subsection (c), the President shall take the following actions: (1) Prohibit the export to the Kingdom of Saudi Arabia, and prohibit the issuance of a license for the export to the Kingdom of Saudi Arabia, of-- (A) any defense articles or defense services on the United States Munitions List under section 38 of the Arms Export Control Act (22 U.S.C. 2778) for which special export controls are warranted under such Act (22 U.S.C. 2751 et seq.); and (B) any item identified on the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations. (2) Restrict travel of Saudi diplomats assigned to Washington, District of Columbia, New York, New York, the Saudi Consulate General in Houston, or the Saudi Consulate in Los Angeles to a 25-mile radius of Washington, District of Columbia, New York, New York, the Saudi Consulate General in Houston, or the Saudi Consulate in Los Angeles, respectively. (b) Waiver.--The President may waive the application of subsection (a) if the President-- (1) determines that it is in the national security interest of the United States to do so; and (2) submits to the appropriate congressional committees a report that contains the reasons for such determination. (c) Certification.--The President shall transmit to the appropriate congressional committees a certification of any determination made by the President after the date of the enactment of this Act that the Government of Saudi Arabia-- (1) is fully cooperating with the United States in investigating and preventing terrorist attacks; (2) has permanently closed all Saudi-based terror organizations; (3) has ended any funding or other support by the Government of Saudi Arabia for any offshore terror organization; and (4) has exercised maximum efforts to block all funding from private Saudi citizens and entities to offshore terrorist organizations. SEC. 5. REPORT. (a) Requirement for Report.--Not later than 6 months after the date of the enactment of this Act, and every 12 months thereafter until the President makes the certification described in section 4(c), the Secretary of State shall submit to the appropriate congressional committees a report on the progress made by the Government of Saudi Arabia toward meeting the conditions described in paragraphs (1) through (4) of section 4(c). (b) Form.--The report submitted under subsection (a) shall be in unclassified form but may include a classified annex. SEC. 6. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES. In this Act, the term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives.

Saudi Arabia Accountability Act of 2003 - Expresses the sense of Congress that the Government of Saudi Arabia must immediately and unconditionally: (1) provide complete, unrestricted, and unobstructed cooperation to the United States in the investigation of terror groups and individuals; (2) close permanently all organizations in Saudi Arabia that fund, train, incite, encourage, or in any way aid and abet terrorism anywhere in the world; (3) end all funding for terror organizations outside Saudi Arabia ("offshore terror organizations"); and (4) block all funding from private Saudi citizens and entities to Saudi-based or offshore terror organizations. Directs the President to certify to Congress that the Government of Saudi Arabia is fully cooperating with the United States in investigating and preventing terrorist attacks, has closed permanently all Saudi-based terror organizations, has ended funding for any offshore terror organization, and has made all efforts to block funding from private Saudi citizens and entities to offshore terror organizations. Requires the President to prohibit certain exports to Saudi Arabia and restrict travel of certain Saudi diplomats if the President cannot certify that the Government of Saudi Arabia has taken the measures required by this Act to combat terrorism. Allows the President to waive such sanctions if the President determines that it is in the national security interest to do so.

A bill to halt Saudi support for institutions that fund, train, incite, encourage, or in any other way aid and abet terrorism, and to secure full Saudi cooperation in the investigation of terrorist incidents.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FISA Judge Selection Reform Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) FISA court.--The term ``FISA Court'' means the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)). (2) FISA court of review.--The term ``FISA Court of Review'' means the court of review established under section 103(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(b)). SEC. 3. REFORMS TO THE FOREIGN INTELLIGENCE SURVEILLANCE COURT. (a) FISA Court Judges.-- (1) Number and designation of judges.--Section 103(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)(1)) is amended to read as follows: ``(1)(A) There is a court (referred to in this paragraph as the `FISA Court') which shall have jurisdiction to hear applications for and to grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this Act. ``(B)(i) The FISA Court shall consist of 13 judges, one of whom shall be designated from each judicial circuit (including the United States Court of Appeals for the District of Columbia and the United States Court of Appeals for the Federal Circuit). ``(ii) The Chief Justice of the United States shall-- ``(I) designate each judge of the FISA Court from the nominations made under subparagraph (C); and ``(II) make the name of each judge of the FISA Court available to the public. ``(C)(i) When a vacancy occurs in the position of a judge of FISA Court from a judicial circuit, the chief judge of the circuit shall propose a district judge for a judicial district within the judicial circuit to be designated for that position. ``(ii) If the Chief Justice does not designate a district judge proposed under clause (i), the chief judge shall propose 2 other district judges for a judicial district within the judicial circuit to be designated for that position and the Chief Justice shall designate 1 such district judge to that position. ``(D) No judge of the FISA Court (except when sitting en banc under paragraph (2)) shall hear the same application for electronic surveillance under this Act which has been denied previously by another judge of the FISA Court. ``(E) If any judge of the FISA Court denies an application for an order authorizing electronic surveillance under this Act, such judge shall provide immediately for the record a written statement of each reason for the judge's decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b).''. (2) Tenure.--Section 103(d) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(b)) is amended by striking ``redesignation,'' and all that follows through the end and inserting ``redesignation.''. (3) Implementation.-- (A) Incumbents.--A district judge designated to serve on the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) before the date of enactment of this Act may continue to serve in that position until the end of the term of the district judge under section 103(d) of such Act, as in effect on the day before the date of enactment of this Act. (B) Initial appointment and term.--Notwithstanding any provision of section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), as amended by paragraphs (1) and (2), and not later than 180 days after the date of enactment of this Act, the Chief Justice of the United States shall-- (i) designate a district court judge who is serving in a judicial district within the District of Columbia circuit and proposed by the chief judge of such circuit to be a judge of the FISA Court for an initial term of 7 years; and (ii) designate a district court judge who is serving in a judicial district within the Federal circuit and proposed by the chief judge of such circuit to be a judge of the FISA Court for an initial term of 4 years. (b) Court of Review.--Section 103(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(b)) is amended-- (1) by striking ``The Chief Justice'' and inserting ``(1) Subject to paragraph (2), the Chief Justice''; and (2) by adding at the end the following: ``(2) The Chief Justice may designate a district court judge or circuit court judge to a position on the court established under paragraph (1) only if at least 5 associate justices approve the designation of such individual.''. SEC. 4. STUDY AND REPORT ON DIVERSITY AND REPRESENTATION ON THE FISA COURTS. (a) Study.--The Committee on Intercircuit Assignments of the Judicial Conference of the United States shall carry out a study on how to ensure judges are appointed to the FISA Court and the FISA Court of Review in a manner that ensures such Courts are diverse and representative. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Committee on Intercircuit Assignments shall submit to Congress a report on the study carried out under subsection (a).

FISA Judge Selection Reform Act of 2013 - Amends the Foreign Intelligence Surveillance Act of 1978, with respect to the appointment of judges to the court established by such Act (FISA Court), to: (1) increase from 11 to 13 the number of FISA Court judges, with one judge designated from each judicial circuit; (2) authorize a chief judge of a judicial circuit to submit to the Chief Justice of the United States the name of a district judge within such circuit to fill a FISA Court vacancy; (3) allow the Chief Justice to accept the proposed replacement judge or reject such replacement and request two additional names; (4) require the Chief Justice to fill the vacancy with one of the two additional named judges; and (5) require any judge appointed to the Foreign Intelligence Surveillance Court of Review by the Chief Justice to be confirmed by five Associate Justices. Directs the Committee on Intercircuit Assignments of the Judicial Conference of the United States to study and report on how to ensure that judges appointed to the FISA Court and the FISA Court of Review are diverse and representative.

FISA Judge Selection Reform Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Accountability Act of 2017''. SEC. 2. PROHIBITION ON AWARD OF CONTRACT OR GRANT IN EXCESS OF SIMPLIFIED ACQUISITION THRESHOLD TO POTENTIAL CONTRACTOR OR GRANT APPLICANT WITH SERIOUSLY DELINQUENT TAX DEBT. (a) Governmental Policy.--It is the policy of the United States Government that no Government contracts or grants should be awarded to individuals or companies with seriously delinquent Federal tax debts. (b) Disclosure and Evaluation of Contract Offers From Delinquent Federal Debtors.-- (1) In general.--The head of any executive agency that issues a solicitation for bids or a request for proposals for a contract in an amount greater than the simplified acquisition threshold shall require each person that submits a bid or proposal to submit with the bid or proposal a form-- (A) certifying whether such person has a seriously delinquent tax debt; and (B) authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether the person has a seriously delinquent tax debt. (2) Impact on responsibility determination.--The head of any executive agency, in evaluating any offer received in response to a solicitation issued by the agency for bids or proposals for a contract, shall consider a certification that the offeror has a seriously delinquent tax debt to be definitive proof that the offeror is not a responsible source as defined in section 113 of title 41, United States Code. (3) Debarment.-- (A) Requirement.--Except as provided in subparagraph (B), the head of an executive agency shall initiate a suspension or debarment proceeding against a person after receiving an offer for a contract from such person if-- (i) such offer contains a certification (as required under paragraph (1)(A)) that such person has a seriously delinquent tax debt; or (ii) the head of the agency receives information from the Secretary of the Treasury (as authorized under paragraph (1)(B)) demonstrating that such a certification submitted by such person is false. (B) Waiver.--The head of an executive agency may waive subparagraph (A) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives subparagraph (A) for a person, the head of the agency shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (4) Release of information.--The Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget, shall make available to all executive agencies a standard form for the authorization described in paragraph (1)(B). (5) Revision of regulations.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to incorporate the requirements of this section. (c) Disclosure and Evaluation of Grant Applications From Delinquent Federal Debtors.-- (1) In general.--The head of any executive agency that offers a grant in excess of an amount equal to the simplified acquisition threshold shall require each grant applicant to submit with the grant application a form-- (A) certifying whether such applicant has a seriously delinquent tax debt; and (B) authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether the applicant has a seriously delinquent tax debt. (2) Impact on determination of financial stability.--The head of any executive agency, in evaluating any application for a grant offered by the agency, shall consider a certification under paragraph (1)(A) that the grant applicant has a seriously delinquent tax debt to be definitive proof that the applicant is high-risk and shall-- (A) decline the grant application; (B) ensure that the applicant does not receive any future grant offered by the agency; and (C) in the case of an applicant that has, as of the date on which the grant application is denied under subparagraph (A), an existing grant previously awarded by the agency, take appropriate measures under guidelines issued by the Office of Management and Budget pursuant to paragraph (5) for enhanced oversight of the applicant. (3) Debarment.-- (A) Requirement.--Except as provided in subparagraph (B), the head of an executive agency shall initiate a suspension or debarment proceeding against a grant applicant after receiving a grant application from such applicant if-- (i) such application contains a certification (as required under paragraph (1)(A)) that such applicant has a seriously delinquent tax debt; or (ii) the head of the agency receives information from the Secretary of the Treasury (as authorized under paragraph (1)(B)) demonstrating that such a certification submitted by such applicant is false. (B) Waiver.--The head of an executive agency may waive subparagraph (A) with respect to an applicant based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives subparagraph (A) for an applicant, the head of the agency shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (4) Release of information.--The Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget, shall make available to all executive agencies a standard form for the authorization described in paragraph (1)(B). (5) Revision of regulations.--Not later than 270 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall revise such regulations as necessary to incorporate the requirements of this section. (d) Definitions and Special Rules.--For purposes of this section: (1) Executive agency.--The term ``executive agency'' has the meaning given such term in section 133 of title 41, United States Code. (2) Seriously delinquent tax debt.-- (A) In general.--The term ``seriously delinquent tax debt'' means a Federal tax liability that-- (i) has been assessed by the Secretary of the Treasury under the Internal Revenue Code of 1986; and (ii) may be collected by the Secretary by levy or by a proceeding in court. (B) Exceptions.--Such term does not include-- (i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; (ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending; (iii) a debt with respect to which a continuous levy has been issued under section 6331 of such Code (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to such a levy); and (iv) a debt with respect to which such a levy is released under section 6343(a)(1)(D) of such Code. (e) Effective Date.--This section shall apply with respect to contracts and grants awarded on or after the date occurring 270 days after the date of the enactment of this Act. SEC. 3. INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT. (a) In General.--Chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``Sec. 7381. Definitions ``For purposes of this subchapter-- ``(1) The term `seriously delinquent tax debt' means a Federal tax liability that has been assessed by the Secretary of the Treasury under the Internal Revenue Code of 1986 and may be collected by the Secretary by levy or by a proceeding in court, except that such term does not include-- ``(A) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; ``(B) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending; ``(C) a debt with respect to which a continuous levy has been issued under section 6331 of such Code (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to such a levy); and ``(D) a debt with respect to which such a levy is released under section 6343(a)(1)(D) of such Code; ``(2) the term `employee' means an employee in or under an agency, including an individual described in sections 2104(b) and 2105(e); and ``(3) the term `agency' means-- ``(A) an Executive agency; ``(B) the United States Postal Service; ``(C) the Postal Regulatory Commission; and ``(D) an employing authority in the legislative branch. ``Sec. 7382. Ineligibility for employment ``(a) In General.--Subject to subsection (c), an individual is ineligible to be appointed or to continue serving as an employee if such individual-- ``(1) has a seriously delinquent tax debt; ``(2) does not submit the certification required under subsection (b); or ``(3) does not submit an authorization form requested under section 7383(b)(1). ``(b) Disclosure Requirement.--The head of each agency shall take appropriate measures to ensure that each individual applying for employment with such agency shall be required to submit (as part of the application for employment) certification that such individual does not have any seriously delinquent tax debt. ``(c) Regulations.--The Office of Personnel Management, in consultation with the Internal Revenue Service, shall, for purposes of carrying out this section with respect to the executive branch, promulgate any regulations which the Office considers necessary, except that such regulations shall provide for the following: ``(1) All applicable due process rights, afforded by chapter 75 and any other provision of law, shall apply with respect to a determination under this section that an applicant is ineligible to be appointed or that an employee is ineligible to continue serving. ``(2) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that such individual's debt is one described in subparagraph (A), (B), (C), or (D) of section 7381(1). ``(3) An employee may continue to serve, in a situation involving financial hardship, if the continued service of such employee is in the best interests of the United States, as determined on a case-by-case basis and certified as such by the head of the agency. ``(d) Reports to Congress.--The Director of the Office of Personnel Management shall report annually to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the number of exemptions requested and the number of exemptions granted under subsection (c)(3). ``Sec. 7383. Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of such agency considers appropriate to determine if a notice of lien has been filed pursuant to section 6323 of the Internal Revenue Code of 1986 with respect to an employee of or an applicant for employment with such agency. ``(b) Additional Requests.--If a notice of lien is discovered under subsection (a) with respect to an employee or applicant for employment, the agency may-- ``(1) request that the employee or applicant execute and submit a form authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether-- ``(A) the employee or applicant has a seriously delinquent tax debt; or ``(B) there is a final administrative or judicial determination that such employee or applicant committed any act described under section 7385(b); and ``(2) request that the Secretary of the Treasury disclose any information so authorized to be disclosed. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). ``Sec. 7384. Confidentiality ``Neither the head nor any other employee of an agency may-- ``(1) use any information furnished under the provisions of this subchapter for any purpose other than the administration of this subchapter; ``(2) make any publication whereby the information furnished by or with respect to any particular individual under this subchapter can be identified; or ``(3) permit anyone who is not an employee of such agency to examine or otherwise have access to any such information. ``Sec. 7385. Adverse actions for employees who understate taxes or fail to file ``(a) In General.-- ``(1) In general.--Subject to subsection (c) and paragraph (2) of this subsection, the head of an agency may take any personnel action against an employee of such agency if there is a final administrative or judicial determination that such employee committed any act described under subsection (b). ``(2) Personnel actions.--In paragraph (1), the term `personnel action' includes separation but does not include administrative leave or any other type of paid leave without duty or charge to leave. ``(b) Acts.--The acts referred to under subsection (a)(1) are-- ``(1) willful failure to file any return of tax required under the Internal Revenue Code of 1986, unless such failure is due to reasonable cause and not to willful neglect; or ``(2) willful understatement of Federal tax liability, unless such understatement is due to reasonable cause and not to willful neglect. ``(c) Procedure.--Under regulations prescribed by the Office of Personnel Management, an employee subject to a personnel action under this section shall be entitled to the procedures provided under sections 7513 or 7543, as applicable.''. (b) Clerical Amendment.--The analysis for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``7381. Definitions. ``7382. Ineligibility for employment. ``7383. Review of public records. ``7384. Confidentiality. ``7385. Adverse actions for employees who understate taxes or fail to file.''. (c) Effective Date.--This section, and the amendments made by this section, shall take effect 270 days after the date of the enactment of this Act.

Tax Accountability Act of 2017 This bill declares that no government contracts or grants should be awarded to individuals or companies with seriously delinquent federal tax debts. Agencies offering a grant or issuing a solicitation for bids or a request for proposals for a contract in an amount greater than the simplified acquisition threshold (currently $150,000) shall require each person that submits a grant application, bid, or proposal to: (1) certify whether such person has a seriously delinquent tax debt, and (2) authorize the Department of the Treasury to disclose to the agency whether the person has a seriously delinquent tax debt. Agencies shall consider a person who has a seriously delinquent tax debt not to be a responsible source and thus the person may not be awarded contracts. Agencies must consider a grant applicant who has a seriously delinquent tax debt high risk, shall decline the grant application, and must ensure that the applicant does not receive future grants offered by the agency. Subject to waiver, agencies shall initiate a suspension or debarment proceeding against a person making offers or applying for grants who has a seriously delinquent tax debt or who falsely certified whether the person has a seriously delinquent tax debt. Individuals with seriously delinquent tax debts are not eligible for federal employment. Agencies must provide for review of public records to determine if a tax lien has been filed on employees or applicants for employment. Agencies may take certain personnel action against employees who fail to file a tax return or understate their tax liability.

Tax Accountability Act of 2017

of Approval.-- (1) Requirement.--Not later than 30 days after the deployment of members of the Armed Forces into a significant armed conflict with respect to which Congress has not enacted a formal declaration of war or otherwise enacted a specific authorization for the use of military force, the chair and vice chair of the Joint Congressional Consultative Committee shall introduce a joint resolution of approval. (2) Contents of resolution.--For purposes of this subsection, the term ``joint resolution of approval'' means a joint resolution the sole matter after the resolving clause of which is as follows: ``That Congress approves the use of members of the Armed Forces for the significant armed conflict covered in the report submitted to the Joint Congressional Consultation Committee pursuant to section 6(b) of the War Powers Consultation Act of 2014 on ___.'', with the blank space being filled with the appropriate date. (3) Referral to committee.--A joint resolution of approval introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives. (4) Discharge of committee.--If the committee to which is referred a joint resolution of approval has not reported such resolution (or an identical resolution) at the end of 7 calendar days after its introduction, such committee shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the House involved. (5) Floor consideration.-- (A) In general.--When the committee to which a resolution is referred has reported, or has been deemed to be discharged (under paragraph (4)) from further consideration of, a joint resolution of approval, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate.--Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (C) Vote on final passage.--Immediately following the conclusion of the debate on the joint resolution of approval and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution of approval shall be decided without debate. (6) Coordination with action by other house.--If, before the passage by one House of a joint resolution of approval of that House, that House receives from the other House a joint resolution of approval, then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee. (B) With respect to the joint resolution of approval of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (7) Rules of house of representatives and senate.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of approval, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (b) Joint Resolution of Disapproval.-- (1) Contents of resolution.--For purposes of this subsection, the term ``joint resolution of disapproval'' means a joint resolution introduced in a House after that House has voted against passage of a joint resolution of approval under subsection (a), the sole matter after the resolving clause of which is as follows: ``That Congress disapproves the use of members of the Armed Forces for the significant armed conflict covered in the report submitted to the Joint Congressional Consultation Committee pursuant to section 6(b) of the War Powers Consultation Act of 2014 on ___.'', with the blank space being filled with the appropriate date. (2) Floor consideration.-- (A) In general.--After a joint resolution of disapproval has been introduced under this subsection, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate.--Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (C) Vote on final passage.--Immediately following the conclusion of the debate on the joint resolution of disapproval and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution of disapproval shall be decided without debate. (3) Coordination with action by other house.--If, before the passage by one House of a joint resolution of disapproval of that House, that House receives from the other House a joint resolution of disapproval, then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee. (B) With respect to the joint resolution of disapproval of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (4) Rules of house of representatives and senate.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of disapproval, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (c) Rule of Construction.--Nothing in this section shall be construed as limiting or otherwise affecting the right of any Member of Congress to introduce a resolution or bill approving, disapproving, expanding, narrowing, or ending a significant armed conflict. SEC. 8. TREATIES. Nothing in this Act shall be construed as modifying any obligations of the United States under any treaty or international agreement. SEC. 9. SEVERABILITY. If any provision of this Act, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of the Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding.

War Powers Consultation Act of 2014 - States that: (1) the purpose of this Act is to establish a means by which the judgment of both the President and Congress can be brought to bear when deciding whether the United States should engage in a significant armed conflict; and (2) this Act is not meant to define, circumscribe, or enhance the constitutional war powers of either the executive or legislative branch of government. Repeals the War Powers Resolution. Establishes the Joint Congressional Consultation Committee. Directs the President to consult with the Committee: (1) regularly regarding significant matters of foreign policy and national security; (2) before ordering the deployment of members of the Armed Forces into a significant armed conflict, particularly regarding the circumstances necessitating the conflict, the objectives, and the conflict's estimated scope and duration; and (3) at least every two months for the duration of any significant armed conflict. States that, if the President determines that the need for secrecy or other emergency circumstances preclude carrying out such reporting before significant armed conflict is ordered or begins, the President shall do such reporting not later than three days after the beginning of the significant armed conflict. Declares that, within 30 days after the deployment of members of the Armed Forces into a significant armed conflict for which Congress has not enacted a formal declaration of war or otherwise enacted a specific authorization for the use of military force, the chair and vice chair of the Committee shall introduce a joint resolution of approval. Sets forth related congressional procedures, including the introduction of a joint resolution of disapproval if a vote against a resolution of approval's passage has taken place. States that nothing in this Act shall be construed as modifying U.S. obligations under any treaty or international agreement.

War Powers Consultation Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Kids in School Act''. SEC. 2. STATE PLANS. Section 1111(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)) is amended-- (1) in paragraph (13), by striking ``and'' after the semicolon; (2) in paragraph (14) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(15) the State educational agency will work with other State agencies, local educational agencies, organizations representing teachers, administrators, and other school personnel, organizations representing parents, and community- based programs to reduce suspensions and expulsions in public early childhood education programs, as applicable, and elementary school and secondary school including by-- ``(A) focusing on local educational agencies with a high rate of suspensions and expulsions and with a disparity between the rates of suspension and expulsion for students who are members of the categories described in section 1111(h)(1)(C)(ii)(III)(dd), and all students at the school; ``(B) expanding professional development provided to principals, administrators, teachers, specialized instructional support personnel, para-educators, and other staff that regularly interact with students, on a schoolwide basis, to educate such individuals about evidence-based approaches to reduce suspensions and expulsions, such as prevention and deescalation strategies, conflict resolution, understanding and responding to the effects of trauma and violence on students, and multi-tiered systems of support that include developmentally, culturally, and linguistically appropriate positive behavioral interventions for students in public early childhood education programs, as applicable, and elementary school and secondary school; and ``(C) developing a plan to ensure that each student who is suspended will receive ongoing educational services that will allow the student to successfully participate in the student's previous educational program upon the student's return to school following a suspension.''. SEC. 3. LOCAL PLANS. Section 1112(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1)) is amended-- (1) in subparagraph (P), by striking ``and'' after the semicolon; (2) is subparagraph (Q), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(R) a description of-- ``(i) the actions the local educational agency will take to reduce suspensions and expulsions in public early childhood education programs, as applicable, and elementary school and secondary school; and ``(ii) how the local educational agency will measure progress and benchmarks of improvement in reducing suspensions and expulsions, and the professional development that is necessary to achieve such a reduction, with a particular focus on reducing disparities between the rates of suspension and expulsion for students who are members of the categories described in section 1111(h)(1)(C)(ii)(III)(dd) as compared to such rates for all students at the school; ``(S) an assurance that, in consultation with local government agencies, and community-based programs, if applicable, the local educational agency will provide a report on-- ``(i) the professional development provided to principals, administrators, teachers, specialized instructional support personnel, para-educators, and other staff that regularly interact with students on evidence-based approaches to reduce suspensions and expulsions for students in public school, which may include prevention and deescalation strategies, conflict resolution, understanding and responding to the effects of trauma and violence on students, and multi-tiered systems of support that include developmentally, culturally, and linguistically appropriate positive behavioral interventions; and ``(ii) a description of how the local educational agency will ensure that each student who is suspended will receive ongoing educational services that will allow the student to successfully participate in the student's previous educational program upon the student's return to school following a suspension; ``(T) an assurance that each school served by the local educational agency will make publicly available, the school's individual suspension and expulsion policy, or the suspension and expulsion policy of the local educational agency that serves the school, if such policy operates on the local educational agency level; and ``(U) an assurance that each school served by the local educational agency will make available, upon request, information about the behavior that resulted in each suspension or expulsion that was issued to a student at the school.''. SEC. 4. REPORTING. (a) LEA Report.--Section 1111(h)(2)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(2)(B)) is amended by striking clause (ii) and inserting the following: ``(ii) in the case of a school-- ``(I) whether the school has been identified for school improvement; ``(II) information that shows how the school's students achievement on the statewide academic assessments and other indicators of adequate yearly progress compared to students in the local educational agency and the State as a whole; and ``(III) information about suspensions and expulsions, including-- ``(aa) the number of suspensions and expulsions; ``(bb) the length of each suspension; ``(cc) the number of children suspended and the number of children suspended more than once; ``(dd) the number of police arrests and referrals to law enforcement of students, disaggregated by grade, race, ethnicity, gender, disability status (in accordance with section 602 of the Individuals with Disabilities Education Act), migrant status, English proficiency status, and status as economically disadvantaged; ``(ee) the number of times multiple suspensions were issued for the same student for the same offense; ``(ff) the number of times a student is transferred as part of a disciplinary removal to an alternative educational setting, disaggregated by the categories described in subclause (IV); ``(gg) the percentage of the student population that was suspended or expelled, disaggregated by the groups described in item (dd); and ``(hh) information on the professional development and implementation support provided to principals, administrators, teachers, and other appropriate staff on schoolwide evidence- based approaches, such as those described in section 1111(c)(15) to reduce suspensions and expulsions in public early childhood education programs, as applicable, and elementary school and secondary school.''. (b) State Report.--Section 1111(h)(1)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is amended-- (1) by redesignating clause (vii) and (viii) as clause (viii) and (ix), respectively; and (2) by inserting after clause (vi) the following; ``(vii) the information described in paragraph (2)(B)(ii)(III), as applicable, aggregated to reflect the State as a whole;''. SEC. 5. RESERVATION OF FUNDS FOR SCHOOL IMPROVEMENT. Section 4121 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131) is amended-- (1) in subsection (a) by inserting ``, and not reserved under subsection (c)'' after ``carry out this subpart under section 4003(2),''; (2) in subsection (b), by striking this section and inserting subsection (a); and (3) by adding at the end the following: ``(c) Reservation of Funds for School Discipline.-- ``(1) In general.--No less than 7.5 percent of the funds made available to carry out this subpart under section 4003(2) shall be reserved for the Secretary to make grants to the 50 local educational agencies with an approved application that have the highest rates of suspension and expulsion and the greatest disparity between the rates of suspension and expulsion for students who are members of the categories described in section 1111(h)(1)(C)(ii)(III)(dd), and all students at the school, as determined by the Secretary. ``(2) Allocation of funds.--The Secretary shall allocate the funds described in paragraph (1) among such local educational agencies in a manner determined by the Secretary. ``(3) Application.--In order to receive funds under this subsection, a local educational agency shall submit a plan to the Secretary in such form and containing such information as the Secretary may reasonably require and shall include a description of how the local educational agency will use the funds awarded under this subsection for the professional development of principals, administrators, teachers, specialized instructional support personnel, para-educators, school resource officers, and school police to reduce suspensions and expulsions. ``(4) Eligible activities.--A local educational agency receiving funds under this subsection may use such funds to carry out one or more of the following activities: ``(A) training on developmentally, culturally, and linguistically appropriate prevention and deescalation strategies; ``(B) implementing positive behavioral intervention systems; ``(C) implementing tiered disciplinary systems; ``(D) carrying out training on conflict resolution and restorative justice; ``(E) hiring additional school-based mental health services providers; and ``(F) carrying out other evidence-based approaches to reducing school suspensions and expulsions. ``(5) Report.-- ``(A) Reports to the secretary.--At the conclusion of each grant period, each local educational agency that receives a grant under this subsection shall prepare and submit a report to the Secretary on the uses for the funding received as well as the techniques used by the local educational agency to reduce suspensions and expulsions. ``(B) Report on best practices.--The Secretary shall publish and make publicly available an annual report on the best practices for State educational agencies and local educational agencies to reduce the use of suspensions and expulsions, and may include information from the reports described in subparagraph (A).''. SEC. 6. DEFINITIONS. Section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended by adding at the end the following: ``(44) Suspension.--The term `suspension' means an instance in which a student, including a student with a disability, is temporarily removed from the student's regular educational setting for disciplinary purposes to another setting (such as home, a behavior center, or an interim alternative educational setting, which may be at the school), regardless of whether the student receives educational or other services from the school in that setting. ``(45) Expulsion.--The term `expulsion' means an action taken by the local educational agency removing a student from the student's regular school for disciplinary purposes for the remainder of the school year or longer, in accordance with local educational agency policy, and includes any removal from school, or modified removal, of a student of a period of less than 1 year, as required by State law in accordance with section 4141.''. SEC. 7. STATE AND LOCAL USES OF FUNDS FOR PROFESSIONAL DEVELOPMENT. (a) State Use of Funds.--Section 2113(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613(c)) is amended by adding at the end the following: ``(19) Encouraging and supporting local educational agencies in providing professional development to teachers, administrators, other school personnel, and school leaders in ways to reduce the use of suspensions and expulsions, especially when resulting in disparities between the rates of suspension and expulsion for students who are members of the categories described in section 1111(h)(1)(C)(ii)(III)(dd) as compared to such rates for all students at the school, which may include developing tools such as developmentally, culturally, and linguistically appropriate prevention and deescalation strategies, positive behavioral intervention systems, tiered disciplinary systems, conflict resolution and restorative justice, and other evidence-based approaches.''. (b) Local Use of Funds.--Section 2123(a)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6623(a)(3)(B)) is amended-- (1) in the matter preceding clause (i), by striking ``teachers and principals and, in appropriate cases, paraprofessionals,'' and inserting ``teachers, administrators, other personnel, and school leaders''; (2) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; and (3) by inserting after clause (ii) the following: ``(iii) provide professional development regarding ways to reduce the use of suspensions and expulsions, especially when resulting in disparities between the rates of suspension and expulsion for students who are members of the categories described in section 1111(h)(1)(C)(ii)(III)(dd) as compared to such rates for all students at the school, which may include developing tools or establishing school-level teams that are well-versed and familiar with tools such as developmentally, culturally, and linguistically appropriate prevention and deescalation strategies, positive behavioral intervention systems, tiered disciplinary systems, conflict resolution, and other evidence-based approaches;''.

Keep Kids in School Act Amends the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to require state school improvement plans to contain assurances that the state will work with other education stakeholders to reduce suspensions and expulsions in public preschool programs and public elementary and secondary schools. Requires the school improvement plans of local educational agencies (LEAs) to include: a description of the actions the LEA will take to reduce suspensions and expulsions and how the LEA will measure their success in doing so; an assurance that the LEA will report on the training provided to school staff to reduce suspensions and expulsions and how suspended students will receive ongoing educational services that enable them to resume their previous studies upon returning to school; an assurance that each of the LEA's schools will make publicly available its suspension and expulsion policy or the LEA's policy if the policy operates on the LEA level; and an assurance that each of the LEA's schools will make available, upon request, information about the behavior that resulted in each suspension or expulsion. Requires the annual state and local report cards to include specified information concerning school suspensions and expulsions, including the training and support provided to school staff to reduce those disciplinary actions. Reserves a portion of the funds under part A (Safe and Drug-Free Schools and Communities) of title IV of the ESEA for grants to the 50 LEAs with an approved application that have the highest suspension and expulsion rates and the greatest disparity in those rates for specified student subgroups and the student body as a whole. Allows those grants to be used for: training on developmentally, culturally, and linguistically appropriate prevention and de-escalation strategies; positive behavioral intervention systems; tiered disciplinary systems; training on conflict resolution and restorative justice; hiring additional school-based mental health services providers; and other evidence-based approaches to reducing school suspensions and expulsions. Authorizes LEAs to use their subgrants under part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to provide school personnel with training on ways to reduce the use of suspensions and expulsions, especially when those actions result in disparities between the suspension and expulsion rates for specified student subgroups and the student body as a whole.

Keep Kids in School Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Border Regional Commission Reauthorization Act of 2018''. SEC. 2. ADMINISTRATIVE EXPENSES OF REGIONAL COMMISSIONS. Section 15304(c)(3)(A) of title 40, United States Code, is amended by striking ``unanimous'' and inserting ``majority''. SEC. 3. ECONOMIC AND INFRASTRUCTURE DEVELOPMENT GRANTS. Section 15501 of title 40, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (7), by striking ``and'' at the end; (B) by redesignating paragraph (8) as paragraph (9); and (C) by inserting after paragraph (7) the following: ``(8) to grow the capacity for successful community economic development in its region; and''; (2) in subsection (b), by striking ``paragraphs (1) through (3)'' and inserting ``paragraph (1), (2), (3), or (7)''; and (3) in subsection (f), by striking the period at the end and inserting ``, except that financial assistance may be used as otherwise authorized by this subtitle to attract businesses to the region from outside the United States.''. SEC. 4. STATE CAPACITY BUILDING GRANT PROGRAM. (a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Northern Border Regional Commission established by section 15301(a)(3) of title 40, United States Code. (2) Commission state.--The term ``Commission State'' means each of the States of Maine, New Hampshire, New York, and Vermont. (3) Eligible county.--The term ``eligible county'' means a county described in section 15733 of title 40, United States Code. (4) Program.--The term ``program'' means the State capacity building grant program established under subsection (b). (b) Establishment.--Not later than 180 days after the date of enactment of this Act, the Commission shall establish a State capacity building grant program to provide grants to Commission States to carry out the purpose under subsection (c). (c) Purpose.--The purpose of the program is to support the efforts of Commission States-- (1) to better support business retention and expansion in eligible counties; (2) to create programs to encourage job creation and workforce development; (3) to prepare economic and infrastructure plans for eligible counties; (4) to expand access to high-speed broadband; (5) to encourage initiatives that drive investments in transportation, water, wastewater, and other critical infrastructure; (6) to create initiatives to increase the effectiveness of local or regional economic developers; and (7) to implement new or innovative economic development practices that will better position the Commission States to compete in the global economy. (d) Use of Funds.-- (1) In general.--Funds from a grant under the program may be used to support a project, program, or expense of the Commission State in an eligible county. (2) Limitation.--Funds from a grant under the program shall not be used for-- (A) the purchase of furniture, fixtures, or equipment; or (B) the compensation of-- (i) any State member of the Commission (as described in section 15301(b)(1)(B) of title 40, United States Code); or (ii) any State alternate member of the Commission (as described in section 15301(b)(2)(B) of title 40, United States Code). (e) Annual Work Plan.-- (1) In general.--For each fiscal year, before providing a grant under the program, each Commission State shall provide to the Commission an annual work plan that includes the proposed use of the grant. (2) Approval.--No grant under the program shall be provided to a Commission State unless the Commission has approved the annual work plan of the State. (f) Amount of Grant.-- (1) In general.--The amount of a grant provided to a Commission State under the program shall be an amount equal to the share of the State of administrative expenses of the Commission for a fiscal year (as determined under section 15304(c) of title 40, United States Code). (2) Approval.--For each fiscal year, a grant provided under the program shall be approved and made available as part of the approval of the annual budget of the Commission. (g) Grant Availability.--Funds from a grant under the program shall be available only during the fiscal year for which the grant is provided. (h) Report.--Each fiscal year, each Commission State shall submit to the Commission and make publicly available a report that describes the use of the grant funds and the impact of the program in the State. (i) Funding.-- (1) In general.--There is authorized to be appropriated such sums as the Commission determines to be necessary, subject to the condition that the Commission may use not more than $5,000,000 to carry out this section for any fiscal year. (2) Supplement, not supplant.--Funds made available to carry out this section shall supplement and not supplant funds made available for the Commission and other activities of the Commission. SEC. 5. NORTHERN BORDER REGIONAL COMMISSION. Section 15733 of title 40, United States Code, is amended-- (1) in paragraph (2)-- (A) by inserting ``Belknap,'' before ``Carroll,''; and (B) by inserting ``Cheshire,'' before ``Coos,''; and (2) in paragraph (4)-- (A) by inserting ``Addison, Bennington,'' before ``Caledonia,''; (B) by inserting ``Chittenden,'' before ``Essex,''; (C) by striking ``and'' and inserting ``Orange,'' and (D) by inserting ``, Rutland, Washington, Windham, and Windsor'' after ``Orleans''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 15751(a) of title 40, United States Code, is amended by striking ``2018'' and inserting ``2023''. SEC. 7. TECHNICAL AMENDMENTS. Chapters 1, 2, 3, and 4 of subtitle V of title 40, United States Code, are redesignated as chapters 151, 153, 155, and 157, respectively.

Northern Border Regional Commission Reauthorization Act of 2018 This bill reauthorizes through FY2023 each of the Southeast Crescent Regional Commission, the Southwest Border Regional Commission, and the Northern Border Regional Commission. The bill revises the process for determining the share of the commissions' administrative expenses payable by each state. A commission may make economic and infrastructure development grants to states and local governments, Indian tribes, and public nonprofit organizations for projects to grow the capacity for successful community economic development in its region. A commission must include the development of renewable and alternative energy sources in the categories to which at least 40% of economic and infrastructure development grant amounts are allocated. Such grants may be used to attract businesses to a region from outside of the United States. The Northern Border Regional Commission shall establish a state capacity building grant program to furnish grants to Maine, New Hampshire, New York, and Vermont for specified efforts that include support of business retention and expansion in eligible counties and establishment of programs to encourage job creation and workforce development. The bill adds to such commission: Belknap and Cheshire Counties in New Hampshire; and Addison, Bennington, Chittenden, Orange, Rutland, Washington, Windham, and Windsor Counties in Vermont.

Northern Border Regional Commission Reauthorization Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Duchesne City Water Rights Conveyance Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) In 1861, President Lincoln established the Uintah Valley Reservation by Executive order. The Congress confirmed the Executive order in 1864 (13 Stat. 63), and additional lands were added to form the Uintah Indian Reservation (now known as the Uintah and Ouray Indian Reservation). (2) Pursuant to subsequent Acts of Congress, lands were allotted to the Indians of the reservation, and unallotted lands were restored to the public domain to be disposed of under homestead and townsite laws. (3) In July 1905, President Theodore Roosevelt reserved lands for the townsite for Duchesne, Utah, by Presidential proclamation and pursuant to the applicable townsite laws. (4) In July 1905, the United States, through the Acting United States Indian Agent in Behalf of the Indians of the Uintah Indian Reservation, Utah, filed two applications, 43-180 and 43-203, under the laws of the State of Utah to appropriate certain waters. (5) The stated purposes of the water appropriation applications were, respectively, ``for irrigation and domestic supply for townsite purposes in the lands herein described'', and ``for the purpose of irrigating Indian allotments on the Uintah Indian Reservation, Utah, * * * and for an irrigating and domestic water supply for townsite purposes in the lands herein described''. (6) The United States subsequently filed change applications which provided that the entire appropriation would be used for municipal and domestic purposes in the town of Duchesne, Utah. (7) The State Engineer of Utah approved the change applications, and the State of Utah issued water right certificates, identified as Certificate Numbers 1034 and 1056, in the name of the United States Indian Service in 1921, pursuant to the applications filed, for domestic and municipal uses in the town of Duchesne. (8) Non-Indians settled the town of Duchesne, and the inhabitants have utilized the waters appropriated by the United States for townsite purposes. (9) Pursuant to title V of Public Law 102-575, Congress ratified the quantification of the reserved waters rights of the Ute Indian Tribe, subject to reratification of the water compact by the State of Utah and the Tribe. (10) The Ute Indian Tribe does not oppose legislation that will convey the water rights appropriated by the United States in 1905 to the city of Duchesne because the appropriations do not serve the purposes, rights, or interests of the Tribe or its members, because the full amount of the reserved water rights of the Tribe will be quantified in other proceedings, and because the Tribe and its members will receive substantial benefits through such legislation. (11) The Secretary of the Interior requires additional authority in order to convey title to those appropriations made by the United States in 1905 in order for the city of Duchesne to continue to enjoy the use of those water rights and to provide additional benefits to the Ute Indian Tribe and its members as originally envisioned by the 1905 appropriations. SEC. 3. CONVEYANCE OF WATER RIGHTS TO DUCHESNE CITY, UTAH. (a) Conveyance.--The Secretary of the Interior, as soon as practicable after the date of the enactment of this Act, and in accordance with all applicable law, shall convey to Duchesne City, Utah, or a water district created by Duchesne City, all right, title, and interest of the United States in and to those water rights appropriated under the laws of the State of Utah by the Department of the Interior's United States Indian Service and identified as Water Rights Nos. 43-180 (Certificate No. 1034) and 43-203 (Certificate No. 1056) in the records of the State Engineer of Utah. (b) Required Terms.-- (1) In general.--As terms of any conveyance under subsection (a), the Secretary shall require that Duchesne City-- (A) shall allow the Ute Indian Tribe of the Uintah and Ouray Reservation, its members, and any person leasing or utilizing land that is held in trust for the Tribe by the United States and is located within the Duchesne City water service area (as such area may be adjusted from time to time), to connect to the Duchesne City municipal water system; (B) shall not require such tribe, members, or person to pay any water impact, connection, or similar fee for such connection; and (C) shall not require such tribe, members, or person to deliver or transfer any water or water rights for such connection. (2) Limitation.--Paragraph (1) shall not be construed to prohibit Duchesne City from charging any person that connects to the Duchesne City municipal water system pursuant to paragraph (1) reasonable, customary, and nondiscriminatory fees to recover costs of the operation and maintenance of the water system to treat, transport, and deliver water to the person. SEC. 4. WATER RIGHTS. (a) No Relinquishment or Reduction.--Except as provided in section 3, nothing in this Act may be construed as a relinquishment or reduction of any water rights reserved, appropriated, or otherwise secured by the United States in the State of Utah on or before the date of the enactment of this Act. (b) No Precedent.--Nothing in this Act may be construed as establishing a precedent for conveying or otherwise transferring water rights held by the United States. SEC. 5. TRIBAL RIGHTS. Nothing in this Act may be construed to affect or modify any treaty or other right of the Ute Indian Tribe or any other Indian tribe. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary to require as terms of any such conveyance that the City: (1) allow the Ute Indian Tribe of the Uintah and Ouray Reservation, its members, and any person leasing or utilizing land that is held in trust for the Tribe and is located within the water service area of the City to connect to the City's municipal water system; and (2) not require such tribe, members, or person to pay any water impact, connection, or similar fee or to deliver or transfer any water or water rights for such connection (but permits charging any person that connects to the City's municipal water system reasonable and customary fees for system operation and maintenance costs to treat, transport, and deliver water). Provides that nothing in this Act may be construed: (1) as a relinquishment or reduction of any water rights secured by the United States in Utah; and (2) to affect or modify any treaty or other right of the Tribe or any other Indian tribe.

Duchesne City Water Rights Conveyance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Relief for Transportation Workers Act of 2008''. SEC. 2. REFUNDABLE CREDIT FOR OBTAINING TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified expenses paid or incurred in obtaining a valid transportation worker identification credential. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a credit under subsection (a) for a taxable year shall not exceed the sum of the taxpayer's regular tax liability and Social Security taxes for the taxable year. ``(2) Regular tax liability and social security taxes defined.--For purposes of paragraph (1), the term `regular tax liability' has the meaning given such term by section 26(b) and the term `Social Security taxes' has the meaning given such term by section 24(d)(2). ``(c) Definitions.--For purposes of this section-- ``(1) Qualified expenses.--The term `qualified expenses' includes-- ``(A) any fee imposed under section 70105 of title 46, United States Code, and ``(B) 40 percent of reasonable legal expenses and any other expense reasonably incurred in obtaining a valid transportation worker identification credential. ``(2) Transportation worker identification credential.--The term `transportation worker identification credential' means the credential issued under section 70105 of title 46, United States Code. ``(d) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction is allowed under any other provision of this chapter.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``or from section 36 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following new items: ``Sec. 36. Transportation worker identification credentials. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred before, on, or after the date of the enactment of this Act. SEC. 3. DEDUCTION FOR OBTAINING TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS ON BEHALF OF EMPLOYEES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 200. TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS OBTAINED ON BEHALF OF EMPLOYEES. ``(a) Allowance of Credit.--In the case of an employer, there shall be allowed as a deduction an amount equal to 40 percent of the aggregate qualified expenses paid or incurred in obtaining valid transportation worker identification credentials on behalf of its employees. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified expenses.--The term `qualified expenses' includes-- ``(A) any fee imposed under section 70105 of title 46, United States Code, and ``(B) reasonable legal expenses and any other expenses reasonably incurred in obtaining a valid transportation worker identification credential. ``(2) Transportation worker identification credential.--The term `transportation worker identification credential' means the credential issued under section 70105 of title 46, United States Code. ``(3) Employee.--The term `employee' has the same meaning as when used within the meaning of section 401(c)(1). ``(c) Election to Not Take Deduction.--No deduction shall be allowed under subsection (a) for any expense if the taxpayer elects not to have this section apply to such expense.''. (b) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting at the end the following new item: ``Sec. 200. Transportation worker identification credentials obtained on behalf of employees.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

Tax Relief for Transportation Workers Act of 2008 - Amends the Internal Revenue Code to allow: (1) individuals a refundable tax credit for the qualified expenses incurred in obtaining a transportation worker identification credential; and (2) employers a deduction equal to 40% of the aggregate qualified expenses paid or incurred in obtaining such credentials on behalf of their employees.

To amend the Internal Revenue Code of 1986 to provide tax relief for obtaining transportation worker identification credentials.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FDA Regulatory Efficiency Act''. SEC. 2. THIRD-PARTY QUALITY SYSTEM ASSESSMENT. (a) Establishment of Third-Party Quality System Assessment Program.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524A (21 U.S.C. 360n-1) the following: ``SEC. 524B. THIRD-PARTY QUALITY SYSTEM ASSESSMENT. ``(a) Accreditation and Assessment.-- ``(1) In general; certification of device quality system.-- The Secretary shall, in accordance with this section, establish a third-party quality system assessment program-- ``(A) to accredit persons to assess whether a requestor's quality system, including its design controls, can reasonably assure the safety and effectiveness of in-scope devices subject to device- related changes; ``(B) under which accredited persons shall (as applicable) certify that a requestor's quality system meets the criteria included in the guidance issued under paragraph (5) with respect to the in-scope devices at issue; and ``(C) under which the Secretary shall rely on such certifications for purposes of determining the safety and effectiveness (or as applicable, substantial equivalence) of in-scope devices subject to the device- related changes involved, in lieu of compliance with the following submission requirements: ``(i) A premarket notification. ``(ii) A 30-day notice. ``(iii) A Special PMA Supplement. ``(2) Definitions.--For purposes of this section-- ``(A) the term `device-related changes' means changes made by a requestor with respect to in-scope devices, which are-- ``(i) changes to a device found to be substantially equivalent under subsections (f)(1) and (i) of section 513 to a predicate device, that-- ``(I) would otherwise be subject to a premarket notification; and ``(II) do not alter-- ``(aa) the intended use of the changed device; or ``(bb) the fundamental scientific technology of such device; ``(ii) manufacturing changes subject to a 30-day notice; ``(iii) changes that qualify for a Special PMA Supplement; and ``(iv) such other changes relating to the devices or the device manufacturing process as the Secretary determines appropriate; ``(B) the term `in-scope device' means a device within the scope of devices agreed to by the requestor and the accredited person for purposes of a request for certification under this section; ``(C) the term `premarket notification' means a premarket notification under section 510(k); ``(D) the term `quality system' means the methods used in, and the facilities and controls used for, the design, manufacture, packaging, labeling, storage, installation, and servicing of devices, as described in section 520(f); ``(E) the term `requestor' means a device manufacturer that is seeking certification under this section of a quality system used by such manufacturer; ``(F) the term `Special PMA Supplement' means a PMA supplement under section 814.39(d) of title 21, Code of Federal Regulations (or any successor regulations); and ``(G) the term `30-day notice' means a notice described in section 515(d)(5)(A)(ii). ``(3) Accreditation process; accreditation renewal.--Except as inconsistent with this section, the process and qualifications for accreditation of persons and renewal of such accreditation under section 704(g) shall apply with respect to accreditation of persons and renewal of such accreditation under this section. ``(4) Use of accredited parties to conduct assessments.-- ``(A) Initiation of assessment services.-- ``(i) Date assessments authorized.-- Beginning after the date on which the final guidance is issued under paragraph (5), an accredited person may conduct an assessment under this section. ``(ii) Initiation of assessments.--Use of one or more accredited persons to assess a requestor's quality system under this section with respect to in-scope devices shall be at the initiation of the person who registers and lists the devices at issue under section 510. ``(B) Compensation.--Compensation for such accredited persons shall-- ``(i) be determined by agreement between the accredited person and the person who engages the services of the accredited person; and ``(ii) be paid by the person who engages such services. ``(C) Accredited person selection.--Each person who chooses to use an accredited person to assess a requestor's quality system, as described in this section, shall select the accredited person from a list of such persons published by the Secretary in accordance with section 704(g)(4). ``(5) Guidance; criteria for certification.-- ``(A) In general.--The criteria for certification of a quality system under this section shall be as specified by the Secretary in guidance issued under this paragraph. ``(B) Contents; criteria.--The guidance under this paragraph shall include specification of-- ``(i) evaluative criteria to be used by an accredited person to assess and, as applicable, certify a requestor's quality system under this section with respect to in-scope devices; and ``(ii) criteria for accredited persons to apply for a waiver of, and exemptions from, the criteria under clause (i). ``(C) Timeframe for issuing guidance.--The Secretary shall issue under this paragraph-- ``(i) draft guidance not later than 12 months after the enactment of the FDA Regulatory Efficiency Act; and ``(ii) final guidance not later than 12 months after issuance of the draft guidance under clause (i). ``(b) Use of Third-Party Assessment.-- ``(1) Assessment summary; certification.-- ``(A) Submission of assessment to secretary.--An accredited person who assesses a requestor's quality system under subsection (a) shall submit to the Secretary a summary of the assessment-- ``(i) within 30 days of the assessment; and ``(ii) which shall include (as applicable)-- ``(I) the accredited person's certification that the requestor has satisfied the criteria specified in the guidance issued under subsection (a)(5) for quality system certification with respect to the in-scope devices at issue; and ``(II) any waivers or exemptions from such criteria applied by the accredited person. ``(B) Treatment of assessments.--Subject to action by the Secretary under subparagraph (C), with respect to assessments which include a certification under this section-- ``(i) the Secretary's review of the assessment summary shall be deemed complete on the day that is 30 days after the date on which the Secretary receives the summary under subparagraph (A); and ``(ii) the assessment summary and certification of the quality system of a requestor shall be deemed accepted by the Secretary on such 30th day. ``(C) Actions by secretary.-- ``(i) In general.--Within 30 days of receiving an assessment summary and certification under subparagraph (A), the Secretary may, by written notice to the accredited person submitting such assessment certification, deem any such certification to be provisional beyond such 30-day period, suspended pending further review by the Secretary, or otherwise qualified or cancelled, based on the Secretary's determination that (as applicable)-- ``(I) additional information is needed to support such certification; ``(II) such assessment or certification is unwarranted; or ``(III) such action with regard to the certification is otherwise justified according to such factors and criteria as the Secretary finds appropriate. ``(ii) Acceptance of certification.--If following action by the Secretary under clause (i) with respect to a certification, the Secretary determines that such certification is acceptable, the Secretary shall issue written notice to the applicable accredited person indicating such acceptance. ``(2) Notifications to secretary by certified requestors or accredited persons for program evaluation purposes.-- ``(A) Annual summary report for device-related changes otherwise subject to premarket notification.--A requestor whose quality system is certified under this section that effectuates device-related changes with respect to in-scope devices, without prior submission of a premarket notification, shall ensure that an annual summary report is submitted to the Secretary by the accredited person which-- ``(i) describes the changes made to the in- scope device; and ``(ii) indicates the effective dates of such changes. ``(B) Periodic notification for manufacturing changes otherwise subject to 30-day notice.--A requestor whose quality system is certified under this section that effectuates device-related changes with respect to in-scope devices, without prior submission of a 30-day notice, shall provide notification to the Secretary of such changes in the requestor's next periodic report under section 814.84(b) of title 21, Code of Federal Regulations (or any successor regulation). Such notification shall-- ``(i) describe the changes made; and ``(ii) indicate the effective dates of such changes. ``(C) Periodic notification for device-related changes otherwise subject to special pma supplement.--A requestor whose quality system is certified under this section that effectuates device-related changes with respect to in-scope devices, without prior submission of a Special PMA Supplement, shall provide notification to the Secretary of such changes in the requestor's next periodic report under section 814.84(b) of title 21, Code of Federal Regulations (or any successor regulation). Such notification shall-- ``(i) describe the changes made, including a full explanation of the basis for the changes; and ``(ii) indicate the effective dates of such changes. ``(D) Use of notifications for program evaluation purposes.--Information submitted to the Secretary under subparagraphs (A) through (C) shall be used by the Secretary for purposes of the program evaluation under subsection (e)(1). ``(c) Duration and Effect of Certification.--A certification under this section-- ``(1) shall remain in effect for a period of 2 years from the date such certification is accepted by the Secretary, subject to paragraph (6); ``(2) may be renewed through the process described in subsection (a)(3); ``(3) shall continue to apply with respect to device- related changes made during such 2-year period, provided the certification remains in effect, irrespective of whether such certification is renewed after such 2-year period; ``(4) shall have no effect on the need to comply with applicable submission requirements specified in subsection (a)(1)(C) with respect to any change pertaining to in-scope devices which is not a device-related change under subsection (a)(2); ``(5) shall have no effect on the authority of the Secretary to conduct an inspection or otherwise determine whether the requestor has complied with the applicable requirements of this Act; and ``(6) may be revoked by the Secretary upon a determination that the requestor's quality system no longer meets the criteria specified in the guidance issued under subsection (a)(5) with respect to the in-scope devices at issue. ``(d) Notice of Revocation.--The Secretary shall provide written notification to the requestor of a revocation pursuant to subsection (c)(6) not later than 10 business days after the determination described in such subsection. Upon receipt of the written notification, the requestor shall satisfy the applicable submission requirements specified in subsection (a)(1)(C) for any device-related changes effectuated after the date of such determination. After such revocation, such requestor is eligible to seek re-certification under this section of its quality system. ``(e) Program Evaluation; Sunset.-- ``(1) Program evaluation and report.-- ``(A) Evaluation.--The Secretary shall complete an evaluation of the third-party quality system assessment program under this section not later than January 31, 2021, based on-- ``(i) analysis of information from a representative group of device manufacturers obtained from notifications provided by certified requestors or accredited persons under subsection (b)(2); and ``(ii) such other available information and data as the Secretary determines appropriate. ``(B) Report.--Not later than 1 year after completing the evaluation under subparagraph (A), the Secretary shall issue a report of the evaluation's findings on the website of the Food and Drug Administration, which shall include the Secretary's recommendations with respect to continuation and as applicable expansion of the program under this section to encompass-- ``(i) device submissions beyond those identified in subsection (a)(1)(C); and ``(ii) device changes beyond those described in subsection (a)(2)(A). ``(2) Sunset.--This section shall cease to be effective October 1, 2022. ``(f) Rule of Construction.--Nothing in this section shall be construed to limit the authority of the Secretary to request and review the complete assessment of a certified requestor under this section on a for-cause basis.''. (b) Conforming Amendments.-- (1) Requirements for premarket approval supplements.-- Section 515(d)(5)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e(d)(5)(A)(i)) is amended by inserting ``subject to section 524B,'' after ``that affects safety or effectiveness,''. (2) Requirements for 30-day notice.--Section 515(d)(5)(A)(ii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e(d)(5)(A)(ii)) is amended by inserting ``subject to section 524B,'' after ``the date on which the Secretary receives the notice,''. (3) Requirements for premarket notification; technical correction to reference to section 510(k).--Section 510(l) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(l)) is amended by striking ``of this subsection under subsection (m)'' and inserting ``of subsection (k) under subsection (m) or section 524B''. (4) Misbranded devices.--Section 502(t) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(t)) is amended by inserting ``or 524B'' after ``section 519''.

FDA Regulatory Efficiency Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to establish a third-party quality system assessment program to accredit persons to assess whether a medical device manufacturer's quality system can ensure the safety and effectiveness or substantial equivalence of an approved medical device after certain changes, including changes in manufacturing or changes to enhance device safety. Device manufacturers with quality systems that have been certified by an accredited person are allowed to make changes to a device without submitting to the FDA the premarket notification, 30-day notice, or premarket approval supplement that would otherwise be required. An accredited person who assesses a device manufacturer's quality system must submit a summary of their assessment and, as appropriate, a certification of the quality system to the FDA within 30 days of the assessment. An assessment summary and certification is deemed accepted by the FDA 30 days after submission unless the FDA determines that additional information is needed to support certification, the assessment or certification is unwarranted, or an action other than acceptance of the certification is otherwise justified. Device manufacturers who make changes to devices without submitting a premarket notification must describe the changes in an annual summary submitted to the FDA. Changes made without submitting a 30-day notice or a premarket approval supplement must be described in a periodic report. Certifications accepted by the FDA remain in effect for two years. The FDA must report on this quality system assessment program no later than January 31, 2022. The program is terminated at the end of FY2022.

FDA Regulatory Efficiency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Leveraging and Energizing America's Apprenticeship Programs Act'' or the ``LEAP Act''. SEC. 2. CREDIT FOR EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS. ``(a) In General.--For purposes of section 38, the apprenticeship credit determined under this section for the taxable year is an amount equal to the sum of the applicable credit amounts (as determined under subsection (b)) for each of the apprenticeship employees of the employer that exceeds the applicable apprenticeship level (as determined under subsection (e)) during such taxable year. ``(b) Applicable Credit Amount.--For purposes of subsection (a), the applicable credit amount for each apprenticeship employee for each taxable year is equal to-- ``(1) in the case of an apprenticeship employee who has not attained 25 years of age at the close of the taxable year, $1,500, or ``(2) in the case of an apprenticeship employee who has attained 25 years of age at the close of the taxable year, $1,000. ``(c) Limitation on Number of Years Which Credit May Be Taken Into Account.--The apprenticeship credit shall not be allowed for more than 2 taxable years with respect to any apprenticeship employee. ``(d) Apprenticeship Employee.--For purposes of this section-- ``(1) In general.--The term `apprenticeship employee' means any employee who is-- ``(A) a party to an apprenticeship agreement registered with-- ``(i) the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, or ``(ii) a recognized State apprenticeship agency, and ``(B) employed by the employer in the occupation identified in the apprenticeship agreement described in paragraph (1), whether or not the employer is a party to such agreement. ``(2) Minimum completion rate for eligible apprenticeship programs.--An employee shall not be treated as an apprenticeship employee unless such apprenticeship agreement is with an apprenticeship program that, for the two-year period ending on the date of the apprenticeship begins, has a completion rate of at least 50 percent. ``(e) Applicable Apprenticeship Level.-- ``(1) In general.--For purposes of this section, the applicable apprenticeship level shall be equal to-- ``(A) in the case of any apprenticeship employees described in subsection (b)(1), the amount equal to 80 percent of the average number of such apprenticeship employees of the employer for the 3 taxable years preceding the taxable year for which the credit is being determined, rounded to the next lower whole number, and ``(B) in the case of any apprenticeship employees described in subsection (b)(2), the amount equal to 80 percent of the average number of such apprenticeship employees of the employer for the 3 taxable years preceding the taxable year for which the credit is being determined, rounded to the next lower whole number. ``(2) First year of new apprenticeship programs.--In the case of an employer which did not have any apprenticeship employees during any taxable year in the 3 taxable years preceding the taxable year for which the credit is being determined, the applicable apprenticeship level shall be equal to zero. ``(f) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 45A, 51(a), and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. ``(g) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the apprenticeship credit determined under section 45S(a).''. (c) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45S(a),'' after ``45P(a),''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Employees participating in qualified apprenticeship programs.''. (e) Effective Date.--The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act.

Leveraging and Energizing America's Apprenticeship Programs Act or the LEAP Act This bill amends the Internal Revenue Code to allow employers a business-related tax credit of $1,500 for hiring an apprenticeship employee who has not attained age 25 at the close of the taxable year or $1,000 for hiring an apprenticeship employee who has attained age 25. The credit is available for no more than two taxable years with respect to any apprenticeship employee. An "apprenticeship employee" means any employee who is: (1) a party to an apprenticeship agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a recognized state apprenticeship agency; and (2) employed by the employer in the occupation identified in the apprenticeship agreement, whether or not the employer is a party to such agreement.

Leveraging and Energizing America’s Apprenticeship Programs Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Crop Production Act of 1995''. SEC. 2. FINDINGS. Congress finds that energy crops-- (1) provide many of the soil and water conservation and wildlife habitat benefits associated with cover already planted on land enrolled in the conservation reserve program; (2) can be harvested using best management practices without compromising the conservation benefits being achieved by the conservation reserve program; (3) can maintain and enhance farm income while allowing land to remain in the conservation reserve program at a reduced cost to the Federal government; (4) can supply a significant proportion of the energy needs of the United States using domestic resources that are renewable, sustainable, and environmentally beneficial; and (5) can effectively trap carbon from the atmosphere and provide air quality benefits. SEC. 3. HARVESTING OF ENERGY CROPS ON CONSERVATION RESERVE LAND. Section 1232 of the Food Security Act of 1985 (16 U.S.C. 3832) is amended by adding at the end the following: ``(f) Energy Crops.-- ``(1) Definition of energy crop.--In this subsection, the term `energy crop' means a herbaceous perennial grass, a short rotation woody coppice species of tree, or other crop, that may be used to generate electric power or other energy product, as determined by the Secretary in consultation with the State technical committee for a State established under section 1261. ``(2) Harvesting of energy crops in designated demonstration areas.--In not more than 10 demonstration project areas not exceeding a total of 1,000,000 acres (based on an evaluation by the Secretary of joint industry and landowner proposals to designate areas as demonstration project areas), the Secretary shall permit an owner or operator of land, located within a demonstration project area, that is subject to a contract entered into under this subtitle to harvest an energy crop on the land if the owner or operator-- ``(A) carries out appropriate conservation measures and practices on the land; ``(B) harvests energy crops in accordance with this subsection on not more than 75 percent of the land that is subject to the contract, in accordance with a conservation plan and in a manner and at times of the year that ensure that soil, water, and wildlife habitat subject to the conservation reserve program as a whole are not compromised; ``(C) if harvesting of energy crops on the land is discontinued, maintains grasses or trees on the land for the duration of the contract; and ``(D) submits a bid under paragraph (3) that is accepted by the Secretary. ``(3) Bids.--To carry out this subsection, the Secretary shall establish a bid system under which an owner or operator of land that is subject to a contract entered into under this subtitle may offer to reduce the rental payments that would otherwise be payable under the contract in exchange for permission to harvest an energy crop on the land. ``(4) Cost-Sharing.--The Secretary shall pay an owner or operator of land described in paragraph (2) 50 percent of the cost of converting land under the contract that is planted to grasses not identified as an energy crop to the production of an energy crop. ``(5) Duration.--The Secretary shall permit an owner or operator described in paragraph (2)-- ``(A) to extend a contract entered into under this subtitle for not to exceed 5 years; and ``(B) on expiration of a contract entered into under this subtitle, obtain a priority, at an appropriate rental rate, for reenrollment of the land subject to the contract.''. SEC. 4. HARVESTING OF ENERGY CROPS ON CONSERVATION USE ACREAGE. Section 503 of the Agricultural Act of 1949 (7 U.S.C. 1463) is amended-- (1) in subsection (c)-- (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: ``(9) any acreage on the farm that is planted to an energy crop in accordance with subsection (i).''; and (2) by adding at the end the following: ``(i) Energy Crops.-- ``(1) Definition of energy crop.--In this subsection, the term `energy crop' means a herbaceous perennial grass, a short rotation woody coppice species of tree, or other crop, that may be used to generate electric power or other energy product, as determined by the Secretary in consultation with the State technical committee for a State established under section 1261 of the Food Security Act of 1985 (16 U.S.C. 3861). ``(2) Planting of energy crops.--For purposes of this Act, acreage on a farm that is planted to an energy crop shall be considered devoted to conservation uses if the producers on the farm carry out appropriate conservation measures and practices on the acreage, in accordance with a conservation plan that is approved by the Secretary. ``(3) Cost sharing.--The Secretary shall pay the producers on a farm 50 percent of the cost of establishing an energy crop if the producers agree to maintain the crop for at least 3 crop years.''.

Energy Crop Production Act of 1995 - Amends the Food Security Act of 1985 and the Agricultural Act of 1949 to permit harvesting of crops on conservation reserve and conservation use lands that may be used to generate electric power or other energy products("energy crops").

Energy Crop Production Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women Discharged From the Military Due to Pregnancy Relief Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) In June 1948, Congress enacted the Women's Armed Services Integration Act of 1948, which formally authorized the appointment and enlistment of women in the regular components of the United States Armed Forces. (2) With the expansion of the Armed Forces to include women, the possibility arose for the first time that members of the Armed Forces could become pregnant. (3) The response to such possibilities and actualities was Executive Order 10240, signed by President Harry S. Truman in 1951, which granted the Armed Forces the authority to involuntarily discharge a woman if she became pregnant, gave birth to a child, or became a parent by adoption or a stepparent. (4) The Armed Forces responded to the Executive Order by systematically discharging any woman in the Armed Forces who became pregnant, regardless of whether the pregnancy was intentional, unintentional, or the result of sexual abuse. (5) Although the Armed Forces were required to offer women who were involuntarily discharged due to pregnancy the opportunity to request retention in the military, many of the women who were involuntarily discharged were not offered such opportunity. (6) The Armed Forces did not provide required separation benefits, counseling, or assistance to the service women who were discharged due to pregnancy. (7) It is documented that as many as 7,000 service women were involuntarily discharged from the Armed Forces as a result of pregnancy. (8) There are reports that the practice of the Armed Forces to systematically discharge pregnant women from the service caused some women to seek abortions (illegal at the time) or to put their children up for adoption, and that, in some cases, some women committed suicide as a result of their involuntary discharge from the Armed Forces. (9) Such involuntary discharge from the Armed Forces on the basis of pregnancy was challenged in Federal district court by Stephanie Crawford in 1975, whose legal argument stated that the practice of this type of discharge violated her constitutional right to due process of law. (10) The United States Court of Appeals for the Second Circuit ruled in Stephanie Crawford's favor in 1976 and found that the Executive Order and any regulations within the Armed Forces that made discharge from the military services mandatory due to pregnancy were unconstitutional. (11) By 1976, all regulations that permitted discharge of a servicewoman from the Armed Forces because of pregnancy or any form of parenthood had been rescinded. SEC. 3. EXPRESSION OF CONGRESSIONAL REMORSE FOR POLICY OF INVOLUNTARY DISCHARGES DUE TO PREGNANCY. (a) Sense of Congress.--It is the sense of Congress that the women who served in the United States Armed Forces before February 23, 1976, and who were involuntarily discharged due to pregnancy should not have been involuntarily discharged due to the physical status of pregnancy. (b) Expression of Remorse.--Congress hereby expresses deep remorse for the women who patriotically served in the Armed Forces, but were forced, by official United States policy, to endure unnecessary and discriminatory actions, including the violation of their constitutional right to due process of law, simply because they became pregnant while a member of the Armed Forces. SEC. 4. PAYMENT OF PAY AND ALLOWANCES NOT PAID BY REASON OF INVOLUNTARY DISCHARGE DUE TO PREGNANCY. (a) Determination of Eligible Persons.--The Secretary of Defense shall identify each woman who was involuntarily discharged or separated from the Armed Forces due to pregnancy during the period beginning on June 12, 1948 (the date of the enactment of the Women's Armed Services Integration Act of 1948), and ending on February 23, 1976. (b) Payment of Missed Pay and Allowances.-- (1) Enlisted members.--The Secretary of Defense shall pay to each woman identified under subsection (a) (or to the estate of such woman, if deceased) who was an enlisted member of the Armed Forces at the time of her involuntary discharge an amount equal to the total amount of pay and allowances that the Secretary estimates would have been paid to the woman during the remainder of her term of enlistment or period of obligated service (if any) had she not been involuntarily discharged due to pregnancy. (2) Officers.--The Secretary of Defense shall pay to each woman identified under subsection (a) (or to the estate of such woman, if deceased) who was an officer in the Armed Forces at the time of her involuntary separation an amount equal to the total amount of pay and allowances that the Secretary estimates would have been paid to the woman during a period of active duty beginning on the date of her involuntary separation and ending on the earlier of the following: (A) The completion of five additional years of service on active duty. (B) The date on which she would have completed a period of active duty equal to her service in the Armed Forces before her involuntary separataion. (3) Adjustment.--Each amount determined under this subsection shall be adjusted for inflation, as determined by the Secretary of the Treasury, to the date of the payment. SEC. 5. LOAN FORGIVENESS FOR CERTAIN STUDENT LOANS. (a) Definitions.--For purposes of this section: (1) Eligible offspring.--The term ``eligible offspring'' means any child of an eligible person under section 4(a) that is determined, in accordance with regulations prescribed by the Secretary, to be the offspring of such person from the pregnancy that was the cause of such person's discharge or separation from the Armed Forces. For purposes of this definition, it does not matter whether the child was raised by the eligible person or adopted and raised by another person. (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (3) Federal student loan.--The term ``Federal student loan'' means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965, regardless of whether the loan was made, insured, or guaranteed under such part before the date of the enactment of this Act or is made, insured, or guaranteed under such part on or after such date. (b) In General.--The Secretary shall provide for the discharge or cancellation of the Federal student loan indebtedness of an eligible offspring in the same manner as is required by sections 437(a), 455(a)(1), and 464(c)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), as the case may be. (c) Facilitation of Claims.--The Secretary shall-- (1) by regulation, establish procedures for the filing of applications for discharge or cancellation under this section, which regulations shall be prescribed and published within 30 days after the date of enactment of this Act and without regard to the requirements of section 553 of title 5, United States Code; and (2) take such actions as may be necessary to publicize the availability of discharge or cancellation of Federal student loan indebtedness for eligible offspring under this section. (d) Availability of Funds for Payments.--Funds available for the purposes of making payments to lenders in accordance with section 437(a) for the discharge of indebtedness of individuals described in subsection (a)(1) of this section shall be available for making payments under section 437(a) as required by this section. (e) No Delay in Regulations.--Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the regulations required by this section. SEC. 6. HEALTH BENEFITS. Health benefits shall be available under section 1086 of title 10, United States Code, to eligible persons described in section 4(a) and eligible offspring as defined by section 5(a) in the same manner as health benefits are available under such section 1086 for persons covered by subsection (c) of that section. SEC. 7. STANDARD FORM OF DISCHARGE FOR WOMEN VETERANS INVOLUNTARILY DISCHARGED DUE TO PREGNANCY. The Secretary of Defense shall establish a standard discharge code (including a discharge ``cause'' reenlistment code and other related information) for women veterans who were involuntarily discharged from the Armed Forces due to pregnancy between 1951 and 1976. Such discharge code shall provide a single, uniform discharge code, applicable to each of the Armed Forces, indicating that the discharge was an involuntary discharge due to pregnancy. The Secretary shall develop a means by which each such involuntarily discharged female veteran may apply to the Secretary to have that veteran's discharge documents revised to reflect the new standard discharge code. The Secretary shall promptly issue revised discharge documents to each female veteran submitting such an application who the Secretary determines is eligible for such revised documents. SEC. 8. SENSE OF CONGRESS CONCERNING CONTINUED SERVICE TO THE NATION. It is the sense of Congress that the Secretary of Defense should establish policies to encourage women veterans who before 1976 were involuntarily discharged from the Armed Forces due to pregnancy to continue to serve the Nation.

Women Discharged From the Military Due to Pregnancy Relief Act of 2002 - Expresses the sense of Congress that women who served in the U.S. armed forces before February 23, 1976, should not have been involuntarily discharged due to pregnancy and expresses remorse for the women who endured unnecessary and discriminatory actions because they became pregnant while a member of the armed forces.Requires the Secretary of Defense to identify and pay each woman who was so discharged or separated between June 12, 1948, and February 23, 1976, an amount equal to the total pay and allowances that would have been due had such person not been involuntarily discharged.Directs the Secretary of Education to provide for the discharge or cancellation of the Federal student loan indebtedness of an offspring who was the cause of such a woman's discharge or separation.Makes health benefits provided as a result of military service available to such women and offspring.Requires the Secretary of Defense to establish a single standard discharge code for such women.Expresses the sense of Congress that the Secretary of Defense should establish policies to encourage such women to continue to serve the Nation.

To express the remorse of Congress for the policy of the Department of Defense in effect until 1976 providing for involuntary separation of female members of the Armed Forces who became pregnant while in service and to take certain steps to make amends for the effects of that policy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine in Litigation Act of 2010''. SEC. 2. RESTRICTIONS ON PROTECTIVE ORDERS AND SEALING OF CASES AND SETTLEMENTS. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Restrictions on protective orders and sealing of cases and settlements ``(a)(1) In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not enter an order under rule 26(c) of the Federal Rules of Civil Procedure restricting the disclosure of information obtained through discovery, an order approving a settlement agreement that would restrict the disclosure of such information, or an order restricting access to court records unless in connection with such order the court has first made independent findings of fact that-- ``(A) such order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or ``(B)(i) the public interest in the disclosure of potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and ``(ii) the requested order is no broader than necessary to protect the confidentiality interest asserted. ``(2) No order entered in accordance with paragraph (1), other than an order approving a settlement agreement, shall continue in effect after the entry of final judgment, unless at the time of, or after, such entry the court makes a separate finding of fact that the requirements of paragraph (1) have been met. ``(3) The party who is the proponent for the entry of an order, as provided under this section, shall have the burden of proof in obtaining such an order. ``(4) This section shall apply even if an order under paragraph (1) is requested-- ``(A) by motion pursuant to rule 26(c) of the Federal Rules of Civil Procedure; or ``(B) by application pursuant to the stipulation of the parties. ``(5)(A) The provisions of this section shall not constitute grounds for the withholding of information in discovery that is otherwise discoverable under rule 26 of the Federal Rules of Civil Procedure. ``(B) No party shall request, as a condition for the production of discovery, that another party stipulate to an order that would violate this section. ``(b)(1) In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not approve or enforce any provision of an agreement between or among parties to a civil action, or approve or enforce an order subject to subsection (a)(1), that prohibits or otherwise restricts a party from disclosing any information relevant to such civil action to any Federal or State agency with authority to enforce laws regulating an activity relating to such information. ``(2) Any such information disclosed to a Federal or State agency shall be confidential to the extent provided by law. ``(c)(1) Subject to paragraph (2), a court shall not enforce any provision of a settlement agreement in any civil action in which the pleadings state facts that are relevant to the protection of public health or safety between or among parties that prohibits one or more parties from-- ``(A) disclosing that a settlement was reached or the terms of such settlement that involve matters relevant to the protection of public health or safety, other than the amount of money paid; or ``(B) discussing the civil action, or evidence produced in the civil action, that involves matters related to public health or safety. ``(2) Paragraph (1) applies unless the court has made independent findings of fact that-- ``(A) the public interest in the disclosure of potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and ``(B) the requested order is no broader than necessary to protect the confidentiality interest asserted. ``(d) When weighing the interest in maintaining confidentiality under this section, there shall be a rebuttable presumption that the interest in protecting personally identifiable information relating to financial, health or other similar information of an individual outweighs the public interest in disclosure. ``(e) Nothing in this section shall be construed to permit, require, or authorize the disclosure of classified information (as defined under section 1 of the Classified Information Procedures Act (18 U.S.C. App.)).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 111 of title 28, United States Code, is amended by adding after the item relating to section 1659 the following: ``1660. Restrictions on protective orders and sealing of cases and settlements.''. (c) Rule of Construction.--Nothing in the amendments made by this act shall be construed to weaken or to limit-- (1) existing common law or constitutional standards for information access; or (2) confidentiality protections as a basis for a protective order. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall-- (1) take effect 30 days after the date of enactment of this Act; and (2) apply only to orders entered in civil actions or agreements entered into on or after such date.

Sunshine in Litigation Act of 2010 - Amends the federal judicial code to prohibit a court, in any civil action in which the pleadings state facts relevant to the protection of public health or safety, from entering an order restricting the disclosure of information obtained through discovery, approving a settlement agreement that would restrict such disclosure, or restricting access to court records, unless in connection with such order the court has first made independent findings of fact that: (1) the order would not restrict the disclosure of information relevant to the protection of public health or safety; or (2) the public interest in the disclosure of potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information, and the requested order is no broader than necessary to protect the confidentiality interest asserted. Prohibits any party from requesting, as a condition for the production of discovery, that another party stipulate to an order that would violate this Act. Prohibits a court, again in any such civil action, from: (1) approving or enforcing any provision of an agreement between or among parties to the civil action, or an order entered under this Act, that restricts a party from disclosing information to any federal or state agency with authority to enforce laws regulating an activity relating to such information; or (2) enforcing any provision of a settlement agreement between or among parties to such civil action that prohibits a party from disclosing that a settlement was reached or the terms of the settlement involve matters relevant to the protection of public health or safety, other than the amount paid, or from discussing the civil action, or evidence produced in it, that involves matters related to public health or safety. Excepts from this enforcement prohibition (thus allowing enforcement of) a settlement agreement provision about which the court finds that the public interest in the disclosure of potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question, and the requested protective order is no broader than necessary to protect the confidentiality interest asserted. Creates a rebuttable presumption that the interest in protecting personally identifiable information relating to an individual's financial, health, or other similar information outweighs the public interest in disclosure. Declares that nothing in this Act shall be construed to permit, require, or authorize the disclosure of classified information, as defined under the Classified Information Procedures Act.

To amend chapter 111 of title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Regulatory Flexibility Reform Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Clarification and expansion of rules covered by the Regulatory Flexibility Act. Sec. 4. Requirements providing for more detailed analyses. Sec. 5. Periodic review of rules. Sec. 6. Clerical amendments. SEC. 2. FINDINGS. Congress finds the following: (1) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy. (2) Regulations designed for application to large-scale entities have been applied uniformly to small businesses and other small entities, even though the problems sought to be solved by such regulations are not always caused by these small businesses and other small entities. (3) Uniform Federal regulatory and reporting requirements in many instances have imposed on small businesses and other small entities unnecessary and disproportionately burdensome demands, including legal, accounting, and consulting costs. (4) Since 1980, Federal agencies have been required to recognize and take account of the differences in the scale and resources of regulated entities, but have failed to do so. (5) Alternative regulatory approaches that do not conflict with the stated objectives of the statutes the regulations seek to implement may be available and may minimize the significant economic impact of regulations on small businesses and other small entities. (6) Federal agencies have failed to analyze and uncover less-costly alternative regulatory approaches, despite the fact that the chapter 6 of title 5, United States Code (commonly known as the Regulatory Flexibility Act), requires them to do so. (7) Federal agencies continue to interpret chapter 6 of title 5, United States Code, in a manner that permits them to avoid their analytical responsibilities. (8) The existing oversight of the compliance of Federal agencies with the analytical requirements to assess regulatory impacts on small businesses and other small entities and obtain input from the Chief Counsel for Advocacy has not sufficiently modified the Federal agency regulatory culture. (9) Significant changes are needed in the methods by which Federal agencies develop and analyze regulations, receive input from affected entities, and develop regulatory alternatives that will lessen the burden or maximize the benefits of final rules to small businesses and other small entities. (10) It is the intention of Congress to amend chapter 6 of title 5, United States Code, to ensure that all impacts, including foreseeable indirect effects, of proposed and final rules are considered by agencies during the rulemaking process and that the agencies assess a full range of alternatives that will limit adverse economic consequences or enhance economic benefits. (11) Federal agencies should be capable of assessing the impact of proposed and final rules without delaying the regulatory process or impinging on the ability of Federal agencies to fulfill their statutory mandates. SEC. 3. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE REGULATORY FLEXIBILITY ACT. Section 601 of title 5, United States Code, is amended by adding at the end the following: ``(9) Economic impact.--The term `economic impact' means, with respect to a proposed or final rule-- ``(A) any direct economic effect on small entities of such rule; and ``(B) any indirect economic effect on small entities which is reasonably foreseeable and results from such rule (without regard to whether small entities will be directly regulated by the rule).''. SEC. 4. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES. (a) Initial Regulatory Flexibility Analysis.--Section 603 of title 5, United States Code, is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Each initial regulatory flexibility analysis required under this section shall contain a detailed statement-- ``(1) describing the reasons why action by the agency is being considered; ``(2) describing the objectives of, and legal basis for, the proposed rule; ``(3) estimating the number and type of small entities to which the proposed rule will apply; ``(4) describing the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report and record; ``(5) describing all relevant Federal rules which may duplicate, overlap, or conflict with the proposed rule, or the reasons why such a description could not be provided; and ``(6) estimating the additional cumulative economic impact of the proposed rule on small entities beyond that already imposed on the class of small entities by the agency or why such an estimate is not available.''; and (2) by adding at the end the following: ``(d) An agency shall notify the Chief Counsel for Advocacy of the Small Business Administration of any draft rules that may have a significant economic impact on a substantial number of small entities either-- ``(1) when the agency submits a draft rule to the Office of Information and Regulatory Affairs at the Office of Management and Budget under Executive Order 12866, if that order requires such submission; or ``(2) if no submission to the Office of Information and Regulatory Affairs is so required, at a reasonable time prior to publication of the rule by the agency.''. (b) Final Regulatory Flexibility Analysis.-- (1) In general.--Section 604(a) of title 5, United States Code, is amended-- (A) in paragraph (1), by striking ``succinct''; (B) in paragraph (2), by striking ``summary'' each place it appears and inserting ``statement''; (C) in paragraph (3), by-- (i) striking ``an explanation'' and inserting ``a detailed explanation''; and (ii) inserting ``detailed'' before ``description''; (D) in paragraph (4), by inserting ``detailed'' before ``description''; and (E) in paragraph (5), by inserting ``detailed'' before ``description''. (2) Inclusion of response to comments on certification of proposed rule.--Section 604(a)(2) of title 5, United States Code, is amended by inserting ``(or certification of the proposed rule under section 605(b))'' after ``initial regulatory flexibility analysis''. (3) Inclusion of response to comments filed by chief counsel for advocacy.--Section 604(a) of title 5, United States Code, is amended by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively, and inserting after paragraph (2) the following: ``(3) the agency's response to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration in response to the proposed rule, and a detailed statement of any changes made to the proposed rule in the final rule as a result of such comments;''. (4) Publication of analysis on web site, etc.--Section 604(b) of title 5, United States Code, is amended to read as follows: ``(b) The agency shall make copies of the final regulatory flexibility analysis available to the public, including placement of the entire analysis on the agency's Web site, and shall publish in the Federal Register the final regulatory flexibility analysis, or a summary thereof that includes the telephone number, mailing address, and link to the Web site where the complete analysis may be obtained.''. (c) Cross-References to Other Analyses.--Section 605(a) of title 5, United States Code, is amended to read as follows: ``(a) A Federal agency shall be treated as satisfying any requirement regarding the content of an agenda or regulatory flexibility analysis under section 602, 603, or 604, if such agency provides in such agenda or analysis a cross-reference to the specific portion of another agenda or analysis that is required by any other law and which satisfies such requirement.''. (d) Certifications.--The second sentence of section 605(b) of title 5, United States Code, is amended-- (1) by inserting ``detailed'' before ``statement''; and (2) by inserting ``and legal'' after ``factual''. (e) Quantification Requirements.--Section 607 of title 5, United States Code, is amended to read as follows: ``Sec. 607. Quantification requirements ``In complying with sections 603 and 604, an agency shall provide-- ``(1) a quantifiable or numerical description of the effects of the proposed or final rule and alternatives to the proposed or final rule; or ``(2) a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable.''. SEC. 5. PERIODIC REVIEW OF RULES. Section 610 of title 5, United States Code, is amended to read as follows: ``Sec. 610. Periodic review of rules ``(a) Not later than 180 days after the enactment of the Regulatory Flexibility Reform Act of 2005, each agency shall publish in the Federal Register and place on its Web site a plan for the periodic review of rules issued by the agency that the head of the agency determines has a significant economic impact on a substantial number of small entities. Such determination shall be made without regard to whether the agency performed an analysis under section 604. The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any significant adverse economic impacts on a substantial number of small entities. Such plan may be amended by the agency at any time by publishing the revision in the Federal Register and subsequently placing the amended plan on the agency's Web site. ``(b) The plan shall provide for the review of all such agency rules existing on the date of the enactment of the Regulatory Flexibility Reform Act of 2005 within 10 years after the date of publication of the plan in the Federal Register and every 10 years thereafter and for review of rules adopted after the date of enactment of the Regulatory Flexibility Reform Act of 2005 within 10 years after the publication of the final rule in the Federal Register and every 10 years thereafter. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the head of the agency shall so certify in a statement published in the Federal Register and may extend the review for not longer than 2 years after publication of notice of extension in the Federal Register. Such certification and notice shall be sent to the Chief Counsel for Advocacy and Congress. ``(c) Each agency shall annually submit a report regarding the results of its review pursuant to such plan to Congress and, in the case of agencies other than independent regulatory agencies (as defined in section 3502(5) of title 44, United States Code), to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget. Such report shall include the identification of any rule with respect to which the head of the agency made a determination of infeasibility under paragraph (5) or (6) of subsection (d) and a detailed explanation of the reasons for such determination. ``(d) In reviewing rules under such plan, the agency shall consider-- ``(1) the continued need for the rule; ``(2) the nature of complaints received by the agency from small entities concerning the rule; ``(3) comments by the Regulatory Enforcement Ombudsman and the Chief Counsel for Advocacy; ``(4) the complexity of the rule; ``(5) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules and, unless the head of the agency determines it to be infeasible, State and local rules; ``(6) the contribution of the rule to the cumulative economic impact of all Federal rules on the class of small entities affected by the rule, unless the head of the agency determines that such calculations cannot be made and reports that determination in the annual report required under subsection (c); ``(7) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule; and ``(8) the current impact of the rule, including-- ``(A) the number of small entities to which the rule will apply; and ``(B) the projected reporting, recordkeeping and other compliance requirements of the proposed rule, including-- ``(i) an estimate of the classes of small entities that will be subject to the requirement; and ``(ii) the type of professional skills necessary for preparation of the report or record. ``(e) The agency shall publish in the Federal Register and on its Web site a list of rules to be reviewed pursuant to such plan. Such publication shall include a brief description of the rule, the reason why the agency determined that it has a significant economic impact on a substantial number of small entities (without regard to whether it had prepared a final regulatory flexibility analysis for the rule), and request comments from the public, the Chief Counsel for Advocacy, and the Regulatory Enforcement Ombudsman concerning the enforcement of the rule.''. SEC. 6. CLERICAL AMENDMENTS. (a) In General.--Section 601 of title 5, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking the semicolon at the end and inserting a period; and (B) by striking ``(1) the term'' and inserting the following: ``(1) Agency.--The term''; (2) in paragraph (2)-- (A) by striking the semicolon at the end and inserting a period; and (B) by striking ``(2) the term'' and inserting the following: ``(2) Rule.--The term''; (3) in paragraph (3)-- (A) by striking the semicolon at the end and inserting a period; and (B) by striking ``(3) the term'' and inserting the following: ``(3) Small business.--The term''; (4) in paragraph (4)-- (A) by striking the semicolon at the end and inserting a period; and (B) by striking ``(4) the term'' and inserting the following: ``(4) Small organizations.--The term''; (5) in paragraph (5)-- (A) by striking the semicolon at the end and inserting a period; and (B) by striking ``(5) the term'' and inserting the following: ``(5) Small governmental jurisdiction.--The term''; (6) in paragraph (6)-- (A) by striking ``; and'' and inserting a period; and (B) by striking ``(6) the term'' and inserting the following: ``(6) Small entity.--The term''; (7) in paragraph (7), by striking ``(7) the term'' and inserting the following: ``(7) Collection of information.--The term''; and (8) in the matter preceding paragraph (1), by striking ``chapter--'' and inserting ``chapter, the following definitions apply:''. (b) Heading.--The heading of section 605 of title 5, United States Code, is amended to read as follows: ``Sec. 605. Incorporations by reference and certifications''. (c) Table of Sections.--The table of sections for chapter 6 of title 5, United States Code, is amended-- (1) by striking the item relating to section 605 and inserting the following: ``605. Incorporations by reference and certifications.''; and (2) by striking the item relating to section 607 and inserting the following: ``607. Quantification requirements.''.

Regulatory Flexibility Reform Act of 2005 - Revises the Regulatory Flexibility Act. Defines the "economic impact" of a rule to include any economic effects on small entities. Requires initial regulatory flexibility analyses of a proposed rule to contain a detailed statement estimating the additional cumulative economic impact of the proposed rule on small entities beyond that already imposed on the class of small entities by the agency or explaining why such an estimate is not available. Requires an agency to notify the Chief Counsel for Advocacy of the Small Business Administration of any draft rules that may have a significant economic impact on a substantial number of small entities either: (1) when the agency submits a draft rule to the Office of Information and Regulatory Affairs at the Office of Management and Budget under Executive Order 12866, if that order requires such submission; or (2) if no submission to the Office of Information and Regulatory Affairs is so required, at a reasonable time before publication of the rule by the agency. Requires that final regulatory flexibility analyses include the agency's response to any comments filed on a rule by the Chief Counsel and a detailed statement of any changes made as a result. Requires publication of analyses on agency websites. Revises provisions requiring the publication by each agency of a plan for the periodic review of its rules that have a significant impact on a substantial number of small entities to determine whether such rules should be continued, changed, or rescinded.

A bill to amend chapter 6 of title 5, United States Code (commonly known as the Regulatory Flexibility Act), to ensure complete analysis of potential impacts on small entities of rules, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Relief Improvement Act of 2001''. SEC. 2. REDUCED CAPITAL GAINS RATE FOR INDIVIDUALS. (a) In General.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended to read as follows: ``(h) Maximum Capital Gains Rate.-- ``(1) In general.--If a taxpayer has a net capital gain for any taxable year, the tax imposed by this section for such taxable year shall not exceed the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on taxable income reduced by the net capital gain, ``(B) 7.5 percent of so much of the taxpayer's net capital gain (or, if less, taxable income) as does not exceed the excess (if any) of-- ``(i) the amount of taxable income which would (without regard to this paragraph) be taxed at a rate of 15 percent or less, over ``(ii) the amount on which tax is determined under subparagraph (A), plus ``(C) 15 percent of the taxpayer's net capital gain (or, if less, taxable income) in excess of the amount of capital gain on which tax is determined under subparagraph (B). ``(2) Net capital gain taken into account as investment income.--For purposes of this subsection, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer elects to take into account as investment income under section 163(d)(4)(B)(iii).'' (b) Minimum Tax.-- (1) In general.--Subparagraph (A) of section 55(b)(1) of such Code is amended by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively, and by inserting after clause (i) the following new clause: ``(ii) Maximum rate of tax on net capital gain.--The amount determined under the first sentence of clause (i) shall not exceed the sum of-- ``(I) the amount determined under such first sentence computed at the rates and in the same manner as if this clause had not been enacted on the taxable excess reduced by the net capital gain, plus ``(II) a tax of 15 percent of the lesser of the net capital gain or the taxable excess.'' (2) Conforming amendment.--Clause (iii) of section 55(a)(1)(A) of such Code (as redesignated by paragraph (1)) is amended by striking ``clause (i)'' and inserting ``this subparagraph''. (c) Conforming Amendments.-- (1) Section 1202 of such Code (relating to 50-percent exclusion for gain from certain small business stock) is hereby repealed. (2)(A) Subsection (a) of section 57 of such Code is amended by striking paragraph (7). (B) Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (3) Paragraph (1) of section 170(e) of such Code is amended by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``50 percent (80 percent in the case of a corporation) of the amount of gain''. (4) Paragraph (2) of section 172(d) of such Code is amended to read as follows: ``(2) Capital gains and losses of taxpayers other than corporations.--In the case of a taxpayer other than a corporation, the amount deductible on account of losses from sales or exchanges of capital assets shall not exceed the amount includible on account of gains from sales or exchanges of capital assets.'' (5) Paragraph (4) of section 642(c) of such Code is amended by striking the first sentence. (6) Paragraph (3) of section 643(a) of such Code is amended by striking the last sentence. (7) Paragraph (4) of section 691(c) of such Code is amended by striking ``1202,''. (8) The second sentence of section 871(a)(2) of such Code is amended by striking ``such gains and losses shall be determined without regard to section 1202 and''. (9) Subsection (a) of section 1044 of such Code is amended by striking the last sentence. (10) Paragraph (1) of section 1445(e) of such Code is amended by striking ``28 percent'' and inserting ``15 percent''. (11) Section 6652 of such Code is amended by striking subsection (k) and by redesignating subsections (l) and (m) as subsections (k) and (l), respectively. (12)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended by striking ``28 percent'' and inserting ``15 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended by striking ``28 percent'' and inserting ``15 percent''. (13) The table of sections for part I of subchapter P of chapter 1 of such Code is amended by striking the item relating to section 1202. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2001. (2) Withholding.--The amendment made by subsection (c)(10) shall apply to amounts paid after December 31, 2001. SEC. 3. REPEAL OF SUNSETS OF ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT OF 2001. (a) In General.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16) is hereby repealed. (b) Deduction for Higher Education Expenses Made Permanent.-- (1) In general.--Section 222 of the Internal Revenue Code of 1986 is amended by striking subsection (e). (2) Conforming amendment.--Subparagraph (B) of section 222(b)(2) of such Code is amended-- (A) by striking ``or 2005'' and inserting ``or thereafter'', and (B) by striking ``and 2005'' in the heading and inserting ``and thereafter''. (c) Nonrefundable Credit to Certain Individuals for Elective Deferrals and IRA Contributions Made Permanent.--Section 25B of such Code is amended by striking subsection (g). (d) Increase in Alternative Minimum Tax Exemption Made Permanent.-- (1) Subparagraph (A) of section 55(d)(1) of such Code (relating to exemption amount for taxpayers other than corporations) is amended by striking ``$45,000 ($49,000 in the case of taxable years beginning in 2001, 2002, 2003, and 2004)'' and inserting ``$49,000''. (2) Subparagraph (B) of section 55(d)(1) of such Code (relating to exemption amount for taxpayers other than corporations) is amended by striking ``$33,750 ($35,750 in the case of taxable years beginning in 2001, 2002, 2003, and 2004)'' and inserting ``$35,750''. (e) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 to which they relate.

Tax Relief Improvement Act of 2001 - Amends the Internal Revenue Code (IRC) to reduce individual capital gains tax rates.Amends the Economic Growth and Tax Relief Reconciliation Act of 2001 to repeal title IX (Compliance with Congressional Budget Act).Makes permanent IRC provisions relating to: (1) the deduction for higher education expenses; (2) the nonrefundable credit to certain individuals for elective deferrals and IRA contributions; and (3) the increase in the alternative minimum tax exemption.

To spur job growth by reducing individual capital gains rates and to make permanent the Economic Growth and Tax Relief Act of 2001.

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

Arabia Mountain National Heritage Area Act of 2001 - Establishes the Arabia Mountain National Heritage Area in Georgia.

To establish the Arabia Mountain and National Heritage Area in the State of Georgia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Composites Development Act of 2011''. SEC. 2. ADVANCED COMPOSITES DEVELOPMENT CENTERS. (a) Establishment of Program.-- (1) In general.--The Secretary of Transportation, the Secretary of Energy, the Secretary of Defense, and the Secretary of Homeland Security shall carry out a program to improve our Nation's transportation infrastructure, advance the technologies used to produce alternative energy, enhance our military security, and develop new disaster mitigation systems by making grants to consortia to establish and operate Advanced Composites Development Centers. In doing so, they shall work with stakeholders to identify problems that can be solved over a period of 5 years through the development of an advanced composite material. By working with the private sector and focusing on solutions to problems that can be researched, developed, and demonstrated over a short period of time, each Center will strive to produce new composite materials that are lighter, stronger, and more durable than existing materials and have an immediate practical application. (2) Designation of centers.--The Centers shall be designated as follows: (A) The Secretary of Transportation shall designate 1 Center for the development of advanced composites in civil infrastructure and transportation. (B) The Secretary of Energy shall designate 1 Center for the development of advanced composites in energy technology. (C) The Secretary of Defense shall designate 1 Center for the development of advanced composites in military operations. (D) The Secretary of Homeland Security shall designate 1 Center for the development of advanced composites in disaster prevention and response. (E) Any 2 or more of the Secretaries described in subparagraphs (A) through (D) may work together to explore opportunities to designate a single Center that addresses issues of importance to the Departments of each such Secretary. (3) Additional collaboration.--Each Secretary designating a Center under paragraph (2) may include reviewers from the Director of the National Institute of Standards and Technology and the Director of the National Science Foundation to leverage work that has been done at facilities supported by each of those agencies. (b) Consortia.-- (1) Eligibility.--To be eligible to receive a grant under this section for the establishment and operation of a Center, a consortium shall-- (A) be composed of qualifying entities, including at least 1 prime applicant and 1 private company; (B) operate subject to a binding agreement entered into by its members that documents-- (i) the proposed partnership agreement, including the governance and management structure of the Center; (ii) measures to enable cost-effective implementation of the program under this section; (iii) a proposed budget, including financial contributions from non-Federal sources; (iv) conflict of interest procedures consistent with subsection (d)(2), all known material conflicts of interest, and corresponding mitigation plans; and (v) an accounting structure that enables the Secretary to ensure that the consortium has complied with the requirements of this section; and (C) operate as a nonprofit organization. (2) Application.--A consortium seeking to establish and operate a Center under this section, acting through a prime applicant, shall transmit to the Secretary an application at such time, in such form, and accompanied by such information as the Secretary shall require, including a detailed description of the elements of the consortium agreement required under paragraph (1)(B). If the consortium members will not be located at one centralized location, such application shall include a communications plan that ensures close coordination and integration of the Center's activities. (c) Selection and Schedule.-- (1) Selection.--The Secretary shall select consortia for grants for the establishment and operation of Centers through competitive selection processes. In selecting consortia, the Secretary shall consider-- (A) the information a consortium must disclose according to subsection (b); (B) any existing facilities a consortium will provide for Center activities; (C) experience in design, prototyping, and testing advanced composites; (D) existing ISO 17025 certification; (E) experience and achievements working with the private sector and commercializing composite materials technologies; and (F) opportunities to leverage previous support that a member of the consortium has received from the Department or Departments awarding the grant, the National Institute of Standards and Technology, or the National Science Foundation to research, develop, demonstrate, or commercialize an advanced composite. (2) Schedule.--Grants made for the establishment and operation of a Center shall be for a period not to exceed 5 years, after which the grant may be renewed, subject to a competitive selection process. (d) Center Operations.-- (1) In general.--Centers shall conduct or provide for multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced composites technologies within the technology development focus area or areas designated for the Center by the Secretary under subsection (a)(2). Each Center shall-- (A) encourage collaboration and communication among the member qualifying entities of the consortium and awardees by conducting activities whenever practicable at one centralized location; (B) develop and publish on the website of the Department or Departments of the designating Secretary proposed plans and programs; (C) submit an annual report to the Secretary summarizing the Center's activities, including detailing organizational expenditures and describing each project undertaken by the Center; and (D) monitor project implementation and coordination. (2) Conflicts of interest.-- (A) Procedures.--Centers shall establish conflict of interest procedures, consistent with those of the Department or Departments of the designating Secretary, to ensure that employees and consortia designees for Center activities who are in decisionmaking capacities disclose all material conflicts of interest, including financial, organizational, and personal conflicts of interest. (B) Disqualification and revocation.--The Secretary may disqualify an application or revoke funds distributed to a Center if the Secretary discovers a failure to comply with conflict of interest procedures established under subparagraph (A). (e) Oversight Board.--Each Secretary described in subsection (a)(1) shall establish and maintain within its Department an Oversight Board to oversee the progress of Centers. (f) Priority Consideration.--The Secretary shall give priority consideration to applications in which 1 or more of the institutions comprising the applicant consortium are 1890 Land Grant Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7061)), Predominantly Black Institutions (as defined in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e)), Tribal Colleges or Universities (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), or Hispanic Serving Institutions (as defined in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e)). (g) Definitions.--For purposes of this section: (1) Advanced composites.--The term ``advanced composites'' means polymer matrix composite materials, including synthetic and natural fibers, as well as synthetic and bio-based resins, used in structural, load-bearing applications. These materials may be enhanced with nano-additives, and may be used in combination with traditional and other advanced materials. (2) Center.--The term ``Center'' means an Advanced Composites Development Center established in accordance with this section. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) Prime applicant.--The term ``prime applicant'' means an institution of higher education serving as the lead entity applying for a grant under this section. (5) Qualifying entity.--The term ``qualifying entity'' includes-- (A) an appropriate State or Federal entity; (B) a nonprofit nongovernmental organization with expertise in advanced composites technology research, development, demonstration, or commercial application; (C) any other relevant entity the Secretary considers appropriate; or (D) a United States private company with expertise in advanced composites technology research, development, demonstration, or commercial application. (6) Secretary.--The term ``Secretary'' means the Secretary or Secretaries designating a Center under subsection (a)(2). (h) Authorization of Appropriations.--There are authorized to be appropriated to each of the Secretaries described in subsection (a)(1) to carry out this section-- (1) $15,000,000 for fiscal year 2012; (2) $16,000,000 for fiscal year 2013; (3) $17,500,000 for fiscal year 2014; (4) $19,000,000 for fiscal year 2015; and (5) $20,000,000 for fiscal year 2016.

Advanced Composites Development Act of 2011 - Directs the Secretaries of Transportation (DOT), Energy (DOE), Defense (DOD), and Homeland Security (DHS), to carry out a program to improve the nation's transportation infrastructure, advance the technologies used to produce alternative energy, enhance our military security, and develop new disaster mitigation systems by making grants to consortia for the establishment and operation of Advanced Composites Development Centers. Instructs the Secretaries to work with stakeholders to identify problems that can be solved over a period of five years through the development of an advanced composite material. Requires such Centers, by working with the private sector, to strive to produce new composite materials that are lighter, stronger, and more durable than existing materials and that have an immediate practical application.

To provide for the establishment and operation of Advanced Composites Development Centers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Development Block Grant Act of 1997''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS Sec. 101. Block grants. Sec. 102. Education plans. Sec. 103. Review of plans. Sec. 104. Regulations. Sec. 105. Authorization of appropriations. TITLE II--ALLOCATION OF GRANT AMOUNTS Sec. 201. Annual allocation. TITLE III--FEDERAL GUARANTEES FOR FINANCING Sec. 301. Authority and requirements. Sec. 302. Security and repayment. Sec. 303. Payment of interest. Sec. 304. Training and information. Sec. 305. Limitations on amount of guarantees. SEC. 3. DEFINITIONS. (a) Local Bond Authority.--The term ``local bond authority'' means-- (1) a local educational agency with authority to issue a bond for construction or renovation of educational facilities in a local area; and (2) a political subdivision of a State with authority to issue such a bond for an area including a local area. (b) Secretary.--The term ``Secretary'' means the Secretary of Education. (c) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS SEC. 101. BLOCK GRANTS. (a) Authority.--For each of fiscal years 1998 through 2001, the Secretary shall (to the extent amounts are made available to carry out this Act) make grants under this section to a local bond authority to allow such authority to repair its school infrastructure. (b) Plan Requirement.-- (1) In general.--The Secretary may make a grant under this Act to a local bond authority for a fiscal year only if-- (A) the local bond authority has submitted to the Secretary an education plan for such fiscal year under section 102; and (B) the plan has been determined under section 103 to comply with the requirements of section 102. (2) Waiver.--The Secretary may waive the applicability of the requirements under paragraph (1), in whole or in part, if the Secretary finds that a local bond authority has not complied or cannot comply with such requirements due to circumstances beyond the control of the authority. (c) Administrative Expenses.--The Secretary shall, by regulation, authorize each recipient to use not more that 5 percent of any grant amounts received under this Act for any reasonable administrative costs. SEC. 102. EDUCATION PLANS. (a) Plan Submission.--The Secretary shall provide for each local bond authority to submit an education plan as described in subsections (b) and (c). (b) 4-Year Plan.--Each education plan under this section shall be in a form prescribed by the Secretary and shall contain, with respect to the 4-year period beginning with the fiscal year for which the plan is submitted, the following information: (c) 1-Year Plan.--An education plan under this section for a local bond authority shall be in a form prescribed by the Secretary and contain the following information relating to the upcoming fiscal year for which the assistance under this Act is to be made available: SEC. 103. REVIEW OF PLANS. (a) Review and Notice.-- (1) Review.--The Secretary shall conduct a limited review of each education plan submitted to the Secretary to ensure that the plan complies with the requirements of section 102. The Secretary shall have the discretion to review a plan only to the extent that the Secretary considers review is necessary. (2) Notice.--The Secretary shall notify each local bond authority for which a plan is submitted whether the plan complies with such requirements not later than 60 days after receiving the plan. If the Secretary does not notify the local bond authority, as required under this subsection and subsection (b), the plan shall be considered, for purposes of this Act, to have been determined to comply with the requirements under section 102 and the local bond authority shall be considered to have been notified of compliance upon the expiration of such 60-day period. (b) Notice of Reasons for Determination of Noncompliance.--If the Secretary determines that a plan, as submitted, does not comply with the requirements under section 102, the Secretary shall specify in the notice under subsection (a) the reasons for the noncompliance and any modifications necessary for the plan to meet the requirements under section 102. (c) Review.--After submission of the education plan or any amendment or modification to the plan to the Secretary, to the extent that the Secretary considers such action to be necessary to make determinations under this subsection, the Secretary shall review the plan (including any amendments or modifications thereto) to determine whether the contents of the plan-- (1) set forth the information required by section 102 to be contained in an education plan; (2) are consistent with information and data available to the Secretary; and (3) are prohibited by or inconsistent with any provision of this Act or other applicable law. If the Secretary determines that any of the appropriate certifications required under section 102 are not included in the plan, the plan shall be deemed to be incomplete. (d) Updates to Plan.--After a plan under section 102 has been submitted for a local bond authority for any fiscal year, the local bond authority may comply with the provisions of such section for any succeeding fiscal year (with respect to information included for the 4- year period under section 102(b) or the 1-year period under section 102(c)) by submitting only such information regarding such changes as may be necessary to update the plan previously submitted. (e) Effective Date.--This section and section 102 shall take effect on the date provided by the Secretary. SEC. 104. REGULATIONS. Not later than 90 days after the date of the enactment of this Act, the Secretary shall, by notice issued in the Federal Register, establish any requirements necessary to implement this Act. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for grants under this title $2,000,000,000 for each of fiscal years 1998, 1999, 2000, and 2001. TITLE II--ALLOCATION OF GRANT AMOUNTS SEC. 201. ANNUAL ALLOCATION. For each fiscal year, the Secretary shall allocate any amounts made available for assistance under this Act for the fiscal year, in accordance with the provisions of part A of title I of the Elementary and Secondary Education Act of 1965. TITLE III--FEDERAL GUARANTEES FOR FINANCING SEC. 301. AUTHORITY AND REQUIREMENTS. (a) Authority.--To such extent or in such amounts as provided in appropriations Acts, the Secretary may, subject to the limitations of this title and upon such terms and conditions as the Secretary may prescribe, guarantee and make commitments to guarantee, the notes or other obligations issued by local bond authorities, for the purposes of financing repairs to school infrastructure. (b) Lack of Financing Elsewhere.--A guarantee under this title may be used to assist a local bond authority in obtaining financing only if the local bond authority has made efforts to obtain such financing without the use of such guarantee and cannot complete such financing consistent with the timely execution of the program plans without such guarantee. (c) Terms of Loans.--Notes or other obligations guaranteed pursuant to this title shall be in such form and denominations, have such maturities, and be subject to such conditions as may be prescribed by regulations issued by the Secretary. The Secretary may not deny a guarantee under this title on the basis of the proposed repayment period for the note or other obligation, unless the period is more than 20 years or the Secretary determines that the period causes the guarantee to constitute an unacceptable financial risk. (d) Limitation on Outstanding Guarantees.--No guarantee or commitment to guarantee shall be made with respect to any note or other obligation if the total outstanding notes or obligations of the issuer guaranteed under this title (excluding any amount defeased under the contract entered into under section 302(a)(1)) would thereby exceed an amount equal to 5 times the amount of the grant approval for the issuer pursuant to title III. SEC. 302. SECURITY AND REPAYMENT. (a) Requirements on Issuer.--To assure the repayment of notes or other obligations and charges incurred under this title and as a condition for receiving such guarantees, the Secretary shall require the local bond authority issuing such notes or obligations to-- (1) enter into a contract, in a form acceptable to the Secretary, for repayment of notes or other obligations guaranteed under this title; (2) pledge any grant for which the issuer may become eligible under this Act; (3) demonstrate that the extent of such issuance and guarantee under this title is within the financial capacity of the local bond authority and is not likely to impair the ability to use grant amounts under title I; and (4) furnish, at the discretion of the Secretary, such other security as may be deemed appropriate by the Secretary in making such guarantees. (b) Repayment From Grant Amounts.--Notwithstanding any other provision of this Act-- (1) the Secretary may apply grants pledged pursuant to subsection (a)(2) to any repayments due the United States as a result of such guarantees; and (2) grants allocated under this Act for a local bond authority may be used to pay principal and interest due (including such servicing, underwriting, and other costs as may be specified in regulations issued by the Secretary) on notes or other obligations guaranteed pursuant to this title. (c) Full Faith and Credit.--The full faith and credit of the United States is pledged to the payment of all guarantees made under this title. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligations for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligations. SEC. 303. PAYMENT OF INTEREST. The Secretary may make, and contract to make, grants, in such amounts as may be approved in appropriations Acts, to or on behalf of a local bond authority issuing notes or other obligations guaranteed under this title, to cover not to exceed 30 percent of the net interest cost (including such servicing, underwriting, or other costs as may be specified in regulations of the Secretary) to the borrowing entity or agency of such obligations. The Secretary may also, to the extent approved in appropriations Acts, assist the issuer of a note or other obligation guaranteed under this title in the payment of all or a portion of the principal and interest amount due under the note or other obligation, if the Secretary determines that the issuer is unable to pay the amount because of circumstances of extreme hardship beyond the control of the issuer. SEC. 304. TRAINING AND INFORMATION. The Secretary, in cooperation with eligible public entities, shall carry out training and information activities with respect to the guarantee program under this title. SEC. 305. LIMITATIONS ON AMOUNT OF GUARANTEES. (a) Aggregate Fiscal Year Limitation.--Notwithstanding any other provision of law and subject only to the absence of qualified applicants or proposed activities and to the authority provided in this title, to the extent approved or provided in appropriations Acts, the Secretary may enter into commitments to guarantee notes and obligations under this title. (b) Authorization of Appropriations for Credit Subsidy.--There are authorized to be appropriated to cover the costs (as such term is defined in section 502 of the Congressional Budget Act of 1974) of guarantees under this title such sums as may be necessary for each of fiscal years 1998, 1999, 2000, and 2001. (c) Fiscal Year Limitations.--The Secretary shall monitor the use of guarantees under this title by local bond authorities. If necessary, the Secretary may impose limitations on the amount of guarantees any one local bond authority may receive in any fiscal year.

TABLE OF CONTENTS: Title I: Block Grants and Grant Requirements Title II: Allocation of Grant Amounts Title III: Federal Guarantees for Financing Education Development Block Grant Act of 1997 - Title I: Block Grants and Grant Requirements - Directs the Secretary of Education to make grants to local bond authorities to repair their school infrastructures. Authorizes appropriations. Title II: Allocation of Grant Amounts - Directs the Secretary to allocate any amounts made available for assistance under this Act in accordance with the Elementary and Secondary Education Act of 1965. Title III: Federal Guarantees for Financing - Authorizes the Secretary to guarantee and make commitments to guarantee the notes or other obligations issued by local bond authorities (local education agencies or local governments with authority to issue area bonds) to finance school infrastructure repairs, if there is a lack of financing from other sources. Prohibits such guarantees or commitments if the total outstanding notes or obligations of the issuer guaranteed under this title (excluding any amount deceased under the repayment contract) would exceed five times the amount of the grant approval for the issuer (thus allowing a local bond authority to borrow up to five times the grant amount to make school infrastructure repairs). (Sec. 302) Sets forth security and repayment requirements. (Sec. 303) Authorizes the Secretary to: (1) make grants to or on behalf of a local bond authority to cover up to 30 percent of the net interest cost of such obligations; and (2) assist the issuer of a guaranteed note or other obligation, in circumstances of extreme hardship, in the payment of principal and interest due. (Sec. 304) Directs the Secretary to carry out training and information activities with respect to this guarantee program. (Sec. 305) Authorizes the Secretary, to the extent approved or provided in appropriations Acts, to enter into commitments to guarantee notes and obligations under this title. Authorizes appropriations. Directs the Secretary to monitor the use of such guarantees by local bond authorities and, if necessary, limit the amount.

Education Development Block Grant Act of 1997

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

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

A bill to amend title 18, United States Code, to restrict the public display on the Internet of the last 4 digits of social security account numbers by State and local governments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``At-Risk Youth Medicaid Protection Act''. SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) by striking ``and'' at the end of paragraph (82)(C); (2) by striking the period at the end of paragraph (83) and inserting ``; and''; and (3) by inserting after paragraph (83) the following new paragraph: ``(84)(A) provide that in the case of an eligible juvenile-- ``(i) the State shall not terminate (but shall suspend) eligibility for medical assistance for such juvenile during the period that such individual is an inmate of a public institution, but shall establish a process to ensure that-- ``(I) the State does not claim Federal financial participation for items and services that are excluded from the definition of medical assistance under subdivision (A) (following paragraph (29)) in section 1905(a); and ``(II) ensures that the eligible juvenile receives (other than under this title) items and services which are included in the definition of medical assistance and for which Federal financial participation would have otherwise been permitted but for the status of the juvenile as such an inmate; and ``(ii) the State shall automatically restore full eligibility for such medical assistance to such eligible juvenile upon release from such institution and shall take all necessary steps to ensure that such juvenile can begin receiving medical assistance under this title immediately upon release from such institution, unless (and until such date) there is a determination that the juvenile no longer meets the State or Federal eligibility requirements for such medical assistance. ``(B) For purposes of this paragraph, the term `eligible juvenile' means an individual who-- ``(i) is 21 years of age or younger; ``(ii) was enrolled for medical assistance under the State plan immediately before becoming an inmate of a public institution; ``(iii) on the expected date of release of such individual from such institution-- ``(I) will be 21 years of age or younger; and ``(II) notwithstanding subdivision (A) (following paragraph (29)), in section 1905(a), will be eligible for medical assistance under the State plan.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 6 months after the date of the enactment of this Act and shall apply to eligibility and enrollment on or after such date. (2) Rule for changes requiring state legislation.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

At-Risk Youth Medicaid Protection Act - Amends title XIX (Medicaid) of the Social Security Act to prohibit a state from terminating (but requires it to suspend) eligibility for medical assistance for an eligible juvenile during the time he or she is an inmate of a public institution. Requires the state to establish a process to ensure that: (1) it does not claim federal financial participation for items and services excluded from covered medical assistance, and (2) the eligible juvenile receives items and services which are covered and for which federal financial participation would have otherwise been permitted but for the juvenile's status as an inmate. Requires the state to: (1) restore automatically full eligibility for such medical assistance to an eligible juvenile upon release from the institution; and (2) take all necessary steps to ensure that the juvenile can begin receiving medical assistance under Medicaid immediately upon such release, unless he or she no longer meets state or federal eligibility requirements.

To amend title XIX of the Social Security Act to protect the eligibility of incarcerated youth for medical assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildlife Global Animal Information Network for Surveillance Act'' or ``Wildlife GAINS Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the ongoing panzootic of highly pathogenic avian influenza (HPAI) strain H5N1 in Asia and Eurasia is a threat to global human health and the global poultry industry; (2) the HPAI virus is capable of causing massive avian die- offs, and response can easily involve the culling of tens of millions of domestic poultry or domestic waterfowl, resulting in significant economic losses; (3) the fatality rate due to infection in humans may be 30 to 50 percent or more; (4) it has long been known that wild birds are a reservoir host for avian influenza viruses worldwide; (5) the 1918 pandemic, the most lethal of the three pandemics that killed over 40,000,000 people worldwide, was caused by an influenza virus that initially jumped directly from birds to humans and subsequently evolved an ability to transmit from human-to-human; (6) this precedent for an avian influenza virus to transmit directly from birds to humans, then spread among humans, significantly raises the concern about the current H5N1 influenza strain; (7) increased surveillance, including on migratory birds, is critical to controlling avian influenza and preparing for other potential emerging infectious diseases; (8) the capacity to proactively detect the threats could result in significantly improved disease prediction and prevention capabilities; (9) international wildlife health surveillance does not clearly fall under the jurisdiction of any Federal or international agency; (10) there is a continued inability to share real-time data across the human, agricultural, wildlife, and veterinary agencies on zoonotic threats; (11) while surveillance at domestic poultry and domestic waterfowl production facilities and farms is an immediate and on-going monitoring need and is being supported through relevant agencies, surveillance in wild bird populations that may have been exposed to the virus is a critical component to determine the spread of the virus, implement control measures, and protect human, livestock, and wildlife health; (12) monitoring and surveillance of wild migratory and resident water birds are critically important to identifying all strains of influenza viruses in wild birds as a library of possible genotypes, determining their role in the spread of the virus, and anticipating where outbreaks may occur to enhance preparedness; (13) improving surveillance of wildlife health around the world would close significant jurisdictional and scientific gaps in current emerging infectious disease preparedness; (14) other emerging diseases beyond bird flu merit similar attention, in terms of the potential threats to global public health as well as agribiosecurity and biodiversity; (15) the majority of emerging infectious diseases identified in the past several decades have moved from wildlife to humans, largely due to human incursions into or alterations of wildlife habitats and hunting, consumption, and trade of wildlife species; (16) the human immunodeficiency virus (HIV) virus moved from chimpanzees to humans via these mechanisms; (17) many factors contribute to disease emergence and spread from wildlife to domestic animals and humans, including environmental degradation and the handling, consumption, and trade of wildlife and wildlife-derived products; (18) from avian influenza to the severe acute respiratory syndrome (SARS), from bovine tuberculosis to the Ebola virus, and from HIV/AIDS to monkey pox, a long list of zoonotic diseases negatively impacts people's lives and livelihoods and costs the global economy billions of dollars; and (19) the Government of the United States lacks a comprehensive program to monitor wildlife health around the world, a program that could proactively inform preparedness not just in the case of a potential H5N1 influenza strain pandemic, but also for a broader array of emerging infectious disease threats that often arise at the interface between wildlife, humans, and their domestic animals. SEC. 3. PURPOSE. The purpose of this Act is to establish a Wildlife Global Animal Information Network for Surveillance-- (1) to more rapidly and efficiently detect, verify, and report on the presence of infectious diseases, such as highly pathogenic avian influenza, in birds and other wildlife around the world; (2) to use information on pathogens found during surveillance of wildlife to better delineate potential threats to domestic animals, humans, as well as wildlife itself; (3) to use information on when and where HPAI and other pathogens of concern are identified in wildlife-- (A) to better guide preparedness in the United States and around the world; and (B) to carry out a strategic wildlife health surveillance initiative that will provide regions, countries, and specific locations with early warning information that will help target resources toward enhancement of agribiosecurity, surveillance, public health vigilance, and related areas; (4) to create an open access database within which information on HPAI and other pathogens of interest identified in wild birds and other wildlife can be shared as close to real time as possible; (5) to protect the health and safety of United States citizens and officials traveling or living abroad; and (6) to protect the economic interests of the United States and its partners from threats to health, agriculture, and natural resources, including wildlife itself. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development, acting in partnership with an eligible organization. (2) Eligible organization.--The term ``eligible organization'' means a nongovernmental wildlife conservation organization chartered in the United States with-- (A) extensive global wildlife health experience in tracking disease in wild birds and other wildlife, including free-ranging, captive, and wild bird species; (B) proven ability in identifying avian influenza, Ebola virus, and other pathogens in wild birds or other wildlife; (C) experience managing and implementing similar wildlife surveillance activities under the auspices of the United States Agency for International Development; and (D) accredited zoological facilities in the United States. (3) HPAI.--The term ``HPAI'' means highly pathogenic avian influenza. (4) Wildlife gains.--The term ``Wildlife GAINS'' means the Wildlife Global Animal Information Network for Surveillance established under section 5(a). (5) Wildlife gains partners.--The term ``Wildlife GAINS partners'' means the partners of the Wildlife GAINS described in section 5(b). SEC. 5. WILDLIFE GLOBAL ANIMAL INFORMATION NETWORK FOR SURVEILLANCE. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Administrator shall offer to enter into a contract with 1 or more eligible organizations to establish a Wildlife Global Animal Information Network for Surveillance. (b) Partners.--In administering the Wildlife GAINS, the Administrator and the eligible organization shall collaborate with appropriate-- (1) Federal and State agency partners, including-- (A) the Department of Agriculture, acting through-- (i) the Agricultural Research Service; and (ii) the Animal and Plant Health Inspection Service; (B) the Department of Health and Human Services, acting through the Centers for Disease Control and Prevention; (C) the Department of Homeland Security; (D) the Department of Defense; (E) the Department of the Interior, acting through-- (i) the United States Geological Survey; and (ii) the United States Fish and Wildlife Service; and (F) various State wildlife agencies in the United States; (2) multilateral agency partners, including-- (A) the Food and Agriculture Organization; (B) the World Health Organization; (C) the Office International des Epizooties, the world animal health organization; and (D) the World Conservation Union; (3) conservation organizations with expertise in international and domestic wildlife monitoring and surveillance; (4) accredited colleges of veterinary medicine and medicine; and (5) other national and international partners, as necessary. (c) International Surveillance.--The eligible organization, in coordination with the United States Agency for International Development, shall manage an international surveillance program under which Federal Wildlife GAINS partners shall, and non-Federal Wildlife GAINS partners are encouraged to-- (1) monitor and test for the presence or arrival of avian influenza and other significant avian pathogens at important bird areas around the world and in marketplaces with intense trade in wild birds; (2) monitor and test for the presence or arrival of other significant pathogens in free-ranging wildlife and in places with intense trade in wild animals; (3) use trained professionals to collect samples and other data and send samples to appropriate diagnostic centers; (4) use the Wildlife GAINS, in partnership with relevant agencies and organizations, for conducting-- (A) disease surveillance activities on migratory birds and other wildlife worldwide; (B) domestic and international field investigations on migratory birds and other wildlife; (C) training and capacity-building activities related to the relationships between human health, domestic animal health, and wildlife health; and (D) research on methods and approaches for detection and enhanced surveillance of HPAI and other pathogens in migratory birds and other wildlife; and (5) send samples for pathogen identification and testing to certified laboratories that-- (A) meet internationally established methods standards; (B) are located at-- (i) the Centers for Disease Control and Prevention; (ii) the Office International des Epizooties, the world animal health organization; (iii) the Food and Agriculture Organization; (iv) National Veterinary Services Laboratories of the Department of Agriculture; (v) the Agricultural Research Service; or (vi) other relevant specialized laboratories; and (C) report the findings back to the eligible organization and Wildlife GAINS partners. (d) Network.-- (1) Partners.--Federal Wildlife GAINS partners shall, and non-Federal Wildlife GAINS partners are encouraged to, transmit information related to global distribution and characteristics of significant pathogens to the Administrator acting through the eligible organization. (2) Administration.--The Administrator, acting through the eligible organization, shall-- (A) use surveillance reports and other formal and informal sources of information to identify and investigate local disease outbreaks of avian influenza and other infectious diseases involving wildlife, in coordination with Wildlife GAINS partners; (B) develop a long-term baseline of regional data related to HPAI and pathogens in migratory birds and other wildlife for analysis between and across sites to create a system to identify when and where outbreaks might occur and paths of dispersal; (C) provide technical assistance for disease prevention and control programs based on scientific understanding of the relationships between wildlife health, domestic animal health, and human health; (D) provide analytical disease findings regularly to the United States Agency for International Development and other Federal Wildlife GAINS partners to prevent or combat human and animal diseases; (E) conduct other activities as are necessary to support the Wildlife GAINS network and Wildlife GAINS partners; and (F) coordinate Wildlife GAINS surveillance results at the headquarters of the eligible organization. (e) Database.-- (1) In general.--The Administrator, acting through the eligible organization, shall manage, map, and make available on a database on the Internet all results and information gathered under this Act. (2) Requirements.--The database shall-- (A) provide geographic data on wildlife populations and the movements of the populations and laboratory test results; and (B) be available for viewing by any Federal agency, foreign country, multilateral institution, organization, or individual. (f) Training.--The Administrator shall request accredited colleges of veterinary medicine and medicine and other Wildlife GAINS partners to train members of the Wildlife GAINS network to-- (1) monitor important wildlife areas around the world; and (2) test for the presence or arrival of avian influenza and other significant pathogens of zoonotic concern or of concern to domestic or wild animals. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $10,000,000 for each of fiscal years 2008 through 2012.

Wildlife Global Animal Information Network for Surveillance Act or Wildlife GAINS Act - Requires the Administrator of the United States Agency for International Development (USAID) to offer to enter into a contract with a nongovernmental wildlife conservation organization to establish a Wildlife Global Animal Information Network for Surveillance. Requires the eligible organization, in coordination with USAID, to manage an international surveillance program under which federal and non-federal partners: (1) monitor and test for the presence or arrival of avian pathogens and other significant pathogens in free-ranging wildlife; (2) use trained professionals to collect samples and data; (3) conduct disease surveillance, field investigations, training and capacity-building activities, and research; (4) send samples for pathogen identification and testing to certified laboratories; and (5) transmit information related to global distribution and characteristics of significant pathogens to the Administrator. Requires the Administrator, acting through the organization, to: (1) use surveillance reports and other sources to identify and investigate local outbreaks of infectious diseases involving wildlife; (2) develop a long-term baseline of regional data related to pathogens in migratory birds and other wildlife for analysis between and across sites to create a system to identify when and where outbreaks might occur and paths of dispersal; (3) provide technical assistance for disease prevention and control programs; (4) provide analytical disease findings to USAID and other federal partners; and ( 5) manage, map, and make available on an Internet database all results and information gathered under this Act. Directs the Administrator to request accredited colleges of veterinary medicine and other partners to train members of the Network to: (1) monitor important wildlife areas around the world; and (2) test for the presence or arrival of avian influenza and other significant pathogens of zoonotic concern or of concern to domestic or wild animals.

To establish a wildlife global animal information network for surveillance internationally to combat the growing threat of emerging diseases that involve wild animals, such as bird flu, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Product Safety Notification Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Unintentional injuries are the leading cause of death among children, and for every such injury that is fatal, approximately 18 children are hospitalized and 1,250 are treated by emergency departments for such injuries that are nonfatal. (2) According to the Consumer Product Safety Commission, an average of 50 children under the age of 5 die each year in incidents associated with nursery products, and about 16 of these deaths each year are associated with cribs. (3) In 2003, an estimated 60,700 children under the age of 5 were treated in United States hospital emergency rooms for injuries associated with nursery products, and there were 10,700 injuries to children under the age of 5 years associated with strollers alone. (4) Of the 397 recalls issued by the Consumer Product Safety Commission in fiscal year 2005, 109 (or 28 percent) were children's products. Children's products were recalled, on average, over 2 times per week, and accounted for 19,635,627 individual units. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (2) Durable infant or toddler product.--The term ``durable infant or toddler product''-- (A) means a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and (B) includes-- (i) full-size cribs and nonfull-size cribs; (ii) toddler beds; (iii) high chairs, booster chairs, and hook-on chairs; (iv) bath seats; (v) gates and other enclosures for confining a child; (vi) play yards; (vii) stationary activity centers; (viii) child carriers; (ix) strollers; (x) walkers; (xi) swings; (xii) bassinets and cradles; and (xiii) children's folding chairs. SEC. 4. CONSUMER PRODUCT REGISTRATION FORMS. (a) Rulemaking.--Not later than 270 days after the date of enactment of this Act, the Commission shall, pursuant to its authority under section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b)), promulgate a final consumer product safety standard under section 7 of such Act (15 U.S.C. 2056) to require manufacturers of durable infant or toddler products-- (1) to provide consumers with a postage-paid consumer registration form with each such product; (2) to maintain a record of the names, addresses, email addresses, and other contact information of consumers who register their ownership of such products with the manufacturer in order to improve the effectiveness of manufacturer campaigns to recall such products; and (3) to permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product. (b) Requirements for Registration Form.--The registration form required to be provided to consumers under subsection (a) shall-- (1) include spaces for a consumer to provide their name, address, telephone number, and email address; (2) include space sufficiently large to permit easy, legible recording of all desired information; (3) be attached to the surface of each durable infant or toddler product so that, as a practical matter, the consumer must notice and handle the form after purchasing the product; (4) include the manufacturer's name, model name and number for the product, and the date of manufacture; (5) include a message explaining the purpose of the registration and designed to encourage consumers to complete the registration; (6) include an option for consumers to register through the Internet; and (7) a statement that information provided by the consumer shall not be used for any purpose other than to facilitate a recall of or safety alert regarding that product. In issuing regulations under this section, the Commission may prescribe the exact text and format of the required registration form. (c) Record Keeping and Notification Requirements.--The standard required under this section shall require each manufacturer of a durable infant or toddler product to maintain a record of registrants for each product manufactured that includes all of the information provided by each consumer registered, and to use such information to notify such consumers in the event of a voluntary or involuntary recall of or safety alert regarding such product. Each manufacturer shall maintain such a record for a period of not less than 6 years after the date of manufacture of the product. Consumer information collected by a manufacturer under this Act may not be used by the manufacturer, nor disseminated by such manufacturer to any other party, for any purpose other than notification to such consumer in the event of a product recall or safety alert. (d) Study.--The Commission shall conduct a study at such time as it considers appropriate on the effectiveness of the consumer registration forms in facilitating product recalls. Upon the conclusion of such study, the Commission shall report its findings to Congress.

Child Product Safety Notification Act - Instructs the Consumer Product Safety Commission to promulgate a final consumer product safety standard that requires manufacturers of durable infant or toddler products to: (1) provide consumers with a postage-paid consumer registration form with each such product; (2) maintain a record of registered consumer contact information to improve the effectiveness of product recalls; (3) permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product; and (4) implement specified recordkeeping and notification requirements.

To direct the Consumer Product Safety Commission to require certain manufacturers to provide consumer product registration forms to facilitate recalls of durable infant and toddler products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Accountability and Diversion Act of 1999''. SEC. 2. AMENDMENTS. Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended-- (1) by redesignating the 2d part I as part K, (2) by inserting after section 291E the following: ``Part J--Juvenile Accountability Coordinators ``establishment of program ``Sec. 292A. (a) The Administrator may make grants to units of local government for the purpose of employing juvenile accountability coordinators each of whom shall provide comprehensive services in accordance with this part to juveniles (and to the families of such juveniles) who come within the jurisdiction of the juvenile justice system and who are not alleged to have committed a serious crime. ``(b) For the purpose of making such grants for a fiscal year, the Administrator shall take into consideration factors that include-- ``(1) the per capita rate of offenses (other than serious crimes) committed by juveniles in the geographical area under the jurisdiction of each unit of local government that applies for a grant under this part for such fiscal year; and ``(2) the economic resources available to such unit of local government to respond to such offenses committed by juveniles. ``(c) The aggregate amount of grants made under this part to a particular unit of local government for a fiscal year may not exceed $300,000. ``eligibility to receive grants ``Sec. 292B. To be eligible to receive a grant under this part, the chief executive officer of a unit of local government shall submit to the Administrator an application at such time, in such form, and containing such information and assurances as the Administrator may require by rule, including the following: ``(1) An assurance that such grant will be used only to employ, as part of the juvenile justice system administered by such unit of local government, 1 or more qualified juvenile accountability coordinators each of whom shall be required by such unit of local government to perform all of the following functions with respect to the particular juveniles who come within the jurisdiction of such system, who are not alleged to have committed a serious crime, and who are assigned to the particular coordinator: ``(A) Whenever a juvenile is initially taken into custody by any law enforcement authority of such unit of local government for the commission of an offense other than a serious crime, such unit of local government shall assign a juvenile accountability coordinator-- ``(i) to contact expeditiously an individual who is a legal guardian of such juvenile, or other appropriate individual, for the purpose of assisting such individual to participate in proceedings and determinations that will lead to the disposition of matter; ``(ii) provide on the request of such juvenile, of a legal guardian of such juvenile, or of another appropriate individual, information and referral relating to available-- ``(I) mental and physical health services; ``(II) substance abuse services; ``(III) family counseling; and ``(IV) appropriate social services; and ``(iii) monitor compliance with the terms and conditions of any judicial or administrative order, or any diversion accountability plan, as in effect pending the final disposition of the matter on which the arrest is based. ``(B) Such coordinator shall make and maintain a written record relating to such juvenile, including-- ``(i) a description and assessment of the circumstances under which such juvenile was taken into custody; ``(ii) a description and assessment of the immediate events that gave rise to such circumstances; ``(iii) a description and assessment of the events and circumstances occurring while such juvenile is held in custody; ``(iv) family relationships, and family history, of such juvenile; and ``(vi) medical history (including substance abuse), school performance, peer associations, and previous delinquency (if any) of such juvenile. ``(C) While such juvenile is in the jurisdiction of juvenile justice system, such coordinator shall assist such authorities to achieve a comprehensive review, and appropriate disposition, of the matter on which the arrest is based and, by creating a diversion accountability plan, to reduce the probability that such juvenile will engage in unlawful behavior. ``(D) allow such juveniles to comply with the requirements of a diversion accountability plan developed by such coordinator with and made available to such juvenile, in lieu of having such offense adjudicated by the judicial authority of such unit of local government; ``(E) not adjudicate such offense if such juvenile agrees to comply and does comply with the requirements specified in such plan; ``(F) require all juvenile accountability coordinators-- ``(i) to provide to the judicial authorities of such unit of local government, information gathered by such coordinators for the purpose of making records required by paragraph (1)(B); and ``(ii) to cooperate, to the maximum extent permitted by law, with attorneys, prosecutors, judges, parents, and juveniles involved in the juvenile justice system, to assist in determining appropriate sanctions to be imposed for offenses committed by juveniles; ``(G) collect data from such coordinators and make such data available to the Office of Juvenile Justice and Delinquency Prevention, together with information regarding the number of juveniles who agree to comply with and who do comply with diversion accountability plans; and ``(H) monitor the rate at which juveniles who comply with such plans commit subsequent offenses while they are juveniles. ``(2) An assurance that if a juvenile who agrees to comply with and does comply with a diversion accountability plan, such unit of local government will not adjudicate the offense with respect to which such plan is developed. ``limitation ``Sec. 292C. Nothing in this part shall be construed to forbid or require juvenile accountability coordinators to divulge to any person, information gathered by such coordinators as a result of actions taken in connection with arrests of juveniles for committing a 1st or 2d offense (other than a serious crime). ``definition ``Sec. 292D. For purposes of this part, the term `diversion accountability plan' means a plan that provides for 1 or more of the following: ``(1) making restitution to the victim of the offense involved; ``(2) performing community service, participation in substance abuse counseling; ``(3) participation in mental and physical health services; ``(4) writing essays; and ``(5) performance of any other action appropriate to mitigate or remove circumstances relating to the offense for which such plan is developed or to prevent the commission of a subsequent offense. ``report ``Sec. 292E. The recipient of a grant made under this title shall submit to the Administrator such reports at such times, in such form, and containing such information as the Administrator may require by rule, for purposes of determining compliance with this part and the effectiveness of providing financial assistance under this part.'', and (3) in section 299(a)-- (A) in paragraph (1) by striking ``and I'' and inserting ``I, and J'', and (B) by inserting after paragraph (7) the following: ``(8) There is authorized to be appropriated to carry out part J of this title, $50,000,000 for each of the fiscal years 2000, 2001, and 2002.''.

Directs the Administrator to take into consideration: (1) the per capita rate of offenses (other than serious crimes) committed by juveniles in the geographical area under the jurisdiction of each unit of local government that applies for a grant for that fiscal year; and (2) the economic resources available to such local governmental unit. Limits the aggregate amount of such grants to a particular unit of local government for a fiscal year to $300,000. Sets forth grant eligibility requirements, including assurances that: (1) the grant will be used only to employ, as part of the juvenile justice system administered by such local governmental unit, one or more qualified juvenile accountability coordinators, subject to specified requirements (including record-keeping requirements); and (2) if a juvenile complies with a diversion accountability plan, such local governmental unit will not adjudicate the offense with respect to which such plan is developed. Sets forth reporting requirements. Authorizes appropriations.

Juvenile Accountability and Diversion Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Peck Fish Hatchery Authorization Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) Fort Peck Lake, Montana, is in need of a warm water fish hatchery; (2) the burden of carrying out efforts to raise and stock warm water fish species in the State of Montana has been disproportionately borne by the State despite the existence of many Federal projects on waterways in the State; (3)(A) as of the date of enactment of this Act, eastern Montana has only 1 warm water fish hatchery, which is inadequate to meet the demands of the region; and (B) a disease or infrastructure failure at that hatchery could imperil fish populations throughout the region; (4) although the multipurpose project at Fort Peck, Montana, authorized by the first section of the Act of August 30, 1935 (49 Stat. 1034, chapter 831), was intended to include irrigation projects and other activities designed to promote economic growth, many of those projects were never completed, to the detriment of the local communities flooded by the Fort Peck Dam; (5) the process of developing an environmental impact statement for the update of the Corps of Engineers Master Manual for the operation of the Missouri River recognized the need for greater support of recreation activities and other authorized purposes of the Fort Peck project; (6)(A) although fish stocking is included among the authorized purposes of the Fort Peck project, the State of Montana has funded the stocking of Fort Peck Lake since 1947; and (B) the obligation to fund the stocking constitutes an undue burden on the State; and (7) a viable warm water fishery would spur economic development in the region. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to authorize and provide funding for the design and construction of a warm water fish hatchery at Fort Peck Lake, Montana; and (2) to ensure stable operation and maintenance of the fish hatchery. SEC. 4. DEFINITIONS. In this Act: (1) Fort peck lake.--The term ``Fort Peck Lake'' means the reservoir created by the damming of the upper Missouri River in northeastern Montana. (2) Hatchery project.--The term ``hatchery project'' means the project authorized by section 5. (3) Secretary.--The term ``Secretary'' means the Secretary of the Army. SEC. 5. AUTHORIZATION. The Secretary shall carry out a project at Fort Peck Lake, Montana, for the design and construction of a fish hatchery and such associated facilities as are necessary to sustain a warm water fishery. SEC. 6. COST SHARING. (a) Design and Construction.-- (1) Federal share.--The Federal share of the cost of design and construction of the hatchery project shall be 75 percent. (2) Form of non-federal share.-- (A) In general.--The non-Federal share of the cost of the hatchery project may be provided in the form of cash or in the form of land, easements, rights-of-way, services, roads, or any other form of in-kind contribution determined by the Secretary to be appropriate. (B) Required crediting.--The Secretary shall credit toward the non-Federal share of the cost of the hatchery project-- (i) the cost to the State of Montana of stocking Fort Peck Lake during the period beginning January 1, 1947; and (ii) the cost to the State of Montana and the counties having jurisdiction over land surrounding Fort Peck Lake of construction of local access roads to the lake. (b) Operation, Maintenance, Repair, and Replacement.-- (1) In general.--Except as provided in paragraphs (2) and (3), the operation, maintenance, repair, and replacement of the hatchery project shall be a non-Federal responsibility. (2) Cost associated with threatened and endangered species.--The cost of operation and maintenance associated with raising threatened or endangered species shall be a Federal responsibility. (3) Power.--The Secretary shall offer to the hatchery project low-cost project power for all hatchery operations. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) $5,000,000 for fiscal year 2001; (2) $5,000,000 for fiscal year 2002; and (3) such sums as are necessary to carry out section 6(b)(2). (b) Availability of Funds.--Sums made available under subsection (a) shall remain available until expended.

Requires that the Federal share of the cost of design and construction of such project be 75 percent. Requires the Secretary to credit toward the non-Federal share of project costs: (1) the cost to the State of Montana of stocking Fort Peck Lake; and (2) the cost to the State and the counties having jurisdiction over land surrounding the Lake of construction of local access roads to such lake. Provides for the cost of operation and maintenance associated with raising threatened or endangered species to be a Federal responsibility. Directs the Secretary to offer low-cost project power for all hatchery operations. Authorizes appropriations.

Fort Peck Fish Hatchery Authorization Act of 2000

SECTION 1. DEFINITIONS. For purposes of this Act only, the term-- (1) ``coastline'' has the same meaning that it has in the Submerged Lands Act (43 U.S.C. 1301 et seq.); (2) ``county'' means a unit of general government constituting the local jurisdiction immediately below the level of State government. This term includes, but is not limited to, counties, parishes, villages and tribal governments which function in lieu of and are not within a county, and in Alaska, borough governments. If State law recognizes an entity of general government that functions in lieu of and is not within a county, the Secretary may recognize such other entities of general government as counties; (3) ``coastline State'' means any State of the United States bordering on the Atlantic Ocean, the Pacific Ocean, the Arctic Ocean, the Bering Sea or the Gulf of Mexico; (4) ``distance'' means minimum great circle distance, measured in statute miles; (5) ``leased tract'' means a tract, leased under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) for the purpose of drilling for, developing and producing oil or natural gas resources, which is a unit consisting of either a block, a portion of a block, a combination of blocks and/or portions of blocks, as specified in the lease, and as depicted on an Outer Continental Shelf Official Protraction Diagram; (6) ``new revenues'' means monies received by the United States as royalties (including payments for royalty taken in kind and sold pursuant to section 27 of the Outer Continental Shelf Lands Act (43 U.S.C. 1353)), net profit share payments, and related late-payment interest from natural gas and oil leases issued pursuant to the Outer Continental Shelf Lands Act, but only from leased tracts from which such revenues are first received by the United States after the date of enactment of this Act; (7) ``Outer Continental Shelf'' means all submerged lands lying seaward and outside of the area of ``lands beneath navigable waters'' as defined in section 2(a) of the Submerged Lands Act 43 U.S.C. 1301(a)), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control; and (8) ``Secretary'' means the Secretary of the Interior or the Secretary's designee. SEC. 2. IMPACT ASSISTANCE FORMULA AND PAYMENTS. (a) There is established a fund in the Treasury of the United States, which shall be known as the ``Outer Continental Shelf Impact Assistance Fund'' (hereinafter referred to in this Act as ``the Fund''). Allocable new revenues determined under subsection (c) shall be deposited in the Fund. (b) The Secretary of the Treasury shall invest excess monies in the Fund, at the written request of the Secretary, in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. (c) Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), amounts in the Fund, together with interest earned from investment thereof, shall be paid at the direction of the Secretary as follows: (1) The Secretary shall determine the new revenues from any leased tract or portion of a leased tract lying seaward of the zone defined and governed by section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)), or lying within such zone but to which section 8(g) does not apply, the geographic center of which lies within a distance of 200 miles from any part of the coastline of any coastal State (hereinafter referred to as an ``eligible coastal State''). (2) The Secretary shall determine the allocable share of new revenues determined under paragraph (1) by multiplying such revenues by 27 percent. (3) The Secretary shall determine the portion of the allocable share of new revenues attributable to each eligible coastal State (hereinafter referred to as the ``eligible coastal State's attributable share'') based on a fraction which is inversely proportional to the distance between the nearest point on the coastline of the eligible coastal State and the geographic center of the leased tract or portion of the leased tract (to the nearest whole mile). Further, the ratio of an eligible State's attributable share to any other eligible State's attributable share shall be equal to the inverse of the ratio of the distances between the geographic center of the leased tract or portion of the leased tract and the coastlines of the respective eligible coastal States. The sum of the eligible coastal States' attributable shares shall be equal to the allocable share of new revenues determined under paragraph (2). (4) The Secretary shall pay from the Fund 50 percent of each eligible coastal State's attributable share, together with the portion of interest earned from investment of the funds which corresponds to that amount, to that State. (5) Within 60 days of enactment of this Act, the Governor of each eligible coastal State shall provide the Secretary with a list of all counties, as defined herein, that are to be considered for eligibility to receive impact assistance payments. This list must include all counties with borders along the State's coastline and may also include counties which are at the closest point no more than 60 miles from the State's coastline and which are certified by the Governor to have significant impacts from Outer Continental Shelf-related activities. For any such county that does not have a border along the coastline, the Governor shall designate the coastline of the nearest county that does have a border along the coastline to serve as the former county's coastline for the purposes of this section. The Governor of any eligible coastal State may modify this list whenever significant changes in Outer Continental Shelf activities require a change, but no more frequently than once a year. (6) The Secretary shall determine, for each county within the eligible coastal State identified by the Governor according to paragraph (5) for which any part of the county's coastline lies within a distance of 200 miles of the geographic center of the leased tract or portion of the leased tract (hereinafter referred to as an ``eligible county'') 50 percent of the eligible coastal State's attributable share which is attributable to such county (hereinafter referred to as the ``eligible county's attributable share'') based on a fraction which is inversely proportional to the distance between the nearest point on the coastline of the eligible county and the geographic center of the leased tract or portion of the leased tract (to the nearest whole mile). Further, the ratio of any eligible county's attributable share to any other eligible county's attributable share shall be equal to the inverse of the ratio of the distances between the geographic center of the leased tract or portion of the leased tract and the coastlines of the respective eligible counties. The sum of the eligible counties' attributable shares for all eligible counties within each State shall be equal to 50 percent of the eligible coastal State's attributable share determined under paragraph (3). (7) The Secretary shall pay from the Fund the eligible county's attributable share, together with the portion of interest earned from investment of the Fund which corresponds to that amount, to that county. (8) Payments to eligible coastal States and eligible counties under this section shall be made not later than December 31 of each year from new revenues received and interest earned thereon during the immediately preceding fiscal year, but not earlier than one year following the date of enactment of this Act. (9) The remainder of new revenues and interest earned in the Fund not paid to an eligible State or an eligible county under this section shall be disposed of according to the law otherwise applicable to receipts from leases on the Outer Continental Shelf. SEC. 3. USES OF FUNDS. Funds received pursuant to this Act shall be used by the eligible coastal States and eligible counties for projects and activities related to all impacts of Outer Continental Shelf-related activities including but not limited to-- (1) air quality, water quality, fish and wildlife, wetlands, or other coastal resources; (2) other activities of such State or county, authorized by the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the provisions of subtitle B of title IV of the Oil Pollution Act of 1990 (104 Stat. 523), or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (3) administrative costs of complying with the provisions of this subtitle. SEC. 4. OBLIGATIONS OF ELIGIBLE COUNTIES AND STATES. (a) Project Submission.--Prior to the receipt of funds pursuant to this Act for any fiscal year, an eligible county must submit to the Governor of the State in which it is located a plan setting forth the projects and activities for which the eligible county proposes to expend such funds. Such plan shall state the amounts proposed to be expended for each project or activity during the upcoming fiscal year. (b) Project Approval.--Prior to the payment of funds pursuant to this Act to any eligible county for any fiscal year, the Governor must approve the plan submitted by the eligible county pursuant to subsection (a) and notify the Secretary of such approval. State approval of any such plan shall be consistent with all applicable State and federal law. In the event the Governor disapproves any such plan, the funds that would otherwise be paid to the eligible county shall be placed in escrow by the Secretary pending modification and approval of such plan, at which time such funds together with interest thereon shall be paid to the eligible county. (c) Certification.--No later than 60 days after the end of the fiscal year, any eligible county receiving funds under this Act must certify to the Governor-- (1) the amount of such funds expended by the county during the previous fiscal year; (2) the amounts expended on each project or activity; and (3) the status of each project or activity. SEC. 5. ANNUAL REPORT, REFUNDS. (a) On June 15 of each fiscal year, the Governor of each State receiving monies from the Fund shall account for all monies so received for the previous fiscal year in a written report to Congress. (b) In those instances where through judicial decision, administrative review, arbitration or other means there are royalty refunds owed to entities generating new revenues under this Act, repayment of such refunds in the same proportion as monies were received under section 2 shall be the responsibility of the governmental entities receiving distributions under the Fund.

Establishes the Outer Continental Shelf Impact Assistance Fund to provide impact assistance to coastal States from allocable new revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act). Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments. Mandates that such funds be expended by the eligible coastal States and counties for certain environmental projects and activities. Requires: (1) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend impact assistance funds; and (2) the Governor of each recipient State to account to the Congress for all Fund monies received for the previous fiscal year.

A bill to provide Outer Continental Shelf Impact Assistance to State and local governments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Valley Forge Museum of the American Revolution Act of 1998''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1)(A) Valley Forge National Historical Park, formerly a State park, was established in 1976 as a unit of the National Park System under Public Law 94-337 (16 U.S.C. 410aa et seq.); and (B) the National Park Service acquired various parcels of land and structures associated with the Park, including a visitor center, from the Commonwealth of Pennsylvania; (2) the Park maintains an extensive collection of-- (A) artifacts, books, and other items relating to the 1777-1778 winter encampment of General George Washington's Continental Army at Valley Forge; (B) artifacts of military life from the Revolutionary War era; (C) important archaeological resources; and (D) numerous structures and associated artifacts; (3) between 1982 and 1997, the National Park Service completed a general management plan, long-range interpretive plan, and strategic business plan for the Park that establish goals and priorities for management of the Park; (4) the plans-- (A) identify inadequacies in the Park's visitor center and interpretive programs; (B) call for development of a new or significantly renovated visitor center that would make the collection accessible to the public through exhibits and research facilities; and (C) call for improving the interpretation of the landscape and improving the circulation of visitors into and through the Park; (5) the Valley Forge Historical Society-- (A) was established in 1918 as a nonprofit organization to preserve and interpret for future generations the significant history and artifacts of the American Revolution in the historic setting of Valley Forge; (B) has amassed valuable holdings of artifacts, art, books, and other items relating to the 1777-1778 encampment, the American Revolution, and the American colonial era; and (C) continues to pursue additional important collections through bequests, exchanges, and acquisitions; (6)(A) as of the date of enactment of this Act, the Society's collection is housed in a facility that is inadequate to properly maintain, preserve, and display the ever-growing collection; and (B) the Society is interested in developing an up-to-date museum and education facility; (7) the Society and the National Park Service have discussed the idea of a joint museum, education facility, and visitor center that would-- (A) directly support the historical, educational, and interpretive activities and needs of the Park and such activities and needs of the Society; (B) combine 2 outstanding museum collections; and (C) provide an enhanced experience at Valley Forge for visitors, scholars, and researchers; (8) under section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 262), $3,000,000 was set aside to construct access roads and parking facilities for such a joint museum, education facility, and visitor center at Valley Forge; and (9) the Society has proposed to raise funds to construct a new museum, education facility, and visitor center on Park property that would be planned, developed, and operated jointly with the National Park Service. (b) Purpose.--The purpose of this Act is to authorize the Secretary of the Interior to enter into an agreement with the Society to construct and operate, in cooperation with the Secretary, a museum within the boundary of the Park. SEC. 3. DEFINITIONS. In this Act: (1) Agreement.--The term ``agreement'' means the agreement described in section 4(a). (2) Museum.--The term ``Museum'' means the Valley Forge Museum of the American Revolution described in section 4. (3) Park.--The term ``Park'' means Valley Forge National Historical Park. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Society.--The term ``Society'' means the Valley Forge Historical Society. SEC. 4. VALLEY FORGE MUSEUM OF THE AMERICAN REVOLUTION. (a) Authorization.--In administering the Park, the Secretary may enter into an agreement under appropriate terms and conditions with the Society to facilitate the planning, construction, and operation of the Valley Forge Museum of the American Revolution on Federal land within the boundary of the Park. (b) Activities of Society.--The Agreement shall authorize the Society-- (1) to operate the Museum in cooperation with the Secretary; (2) to provide at the Museum, to visitors to the Park, programs and services relating to the story of Valley Forge and the American Revolution; and (3) acting as a private nonprofit organization, to engage in activities appropriate for operation of a museum, including charging fees, conducting events, and selling merchandise, tickets, and food to visitors to the Museum. (c) Activities of Secretary.--The Agreement shall authorize the Secretary to carry out at the Museum activities relating to the management of the Park, including provision of appropriate visitor information and interpretive facilities and programs relating to the Park. (d) Use of Revenues.--Revenues from the facilities and services of the Museum shall be used to offset the expenses of operation of the Museum. (e) Museum Structures.--The Agreement shall authorize the Society to occupy and use any structure constructed at the Park for the purposes of the Museum during the term specified in the Agreement and subject to the following terms and conditions: (1) Conveyance to united states.--The Society shall convey to the United States all right, title, and interest in each such structure. (2) Conditions on occupancy and use.--The right of the Society to occupy and use each such structure-- (A) shall be for the purposes of-- (i) exhibiting, preserving, and interpreting artifacts associated with the Valley Forge encampment and the impact of the encampment on the American Revolution; (ii) enhancing the experience of visitors to the Park; and (iii) conducting the activities of the Society consistent with the mission of the Society; and (B) shall not be transferred without the consent of the Secretary. (3) Other terms and conditions.--The Agreement shall include such other terms and conditions as the Secretary considers appropriate. SEC. 5. PRESERVATION AND PROTECTION. Nothing in this Act authorizes the Secretary or the Society to take any action in derogation of the preservation and protection of the values and resources of the Park.

Valley Forge Museum of the American Revolution Act of 1998 - Authorizes the Secretary of the Interior, in administering the Valley Forge National Historical Park, to enter into an agreement with the Valley Forge Historical Society to facilitate the planning, construction, and operation of the Valley Forge Museum of the American Revolution on Federal land within the boundary of the Park.

Valley Forge Museum of the American Revolution Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability Review Board Reform Act of 2013''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The United States has a crucial stake in supporting the presence abroad of United States Government personnel representing United States interests. (2) United States Government personnel and missions abroad are confronted by serious security risks, including the threat of terrorism, which will continue for the foreseeable future. (3) The Accountability Review Board process was established in 1986 by Congress to conduct a thorough assessment of security-related incidents at or related to a United States Government mission abroad. (4) Each assessment by a Board is expected to promote strengthened security measures, and to provide for the accountability of United States Government personnel with security-related responsibilities. (5) The terrorist attack in Benghazi, Libya, on September 11, 2012, that took the lives of four United States Government personnel has brought unprecedented attention to the work of such Boards. (b) Sense of Congress.--It is the sense of Congress that the effectiveness of Accountability Review Boards would be improved by reconstituting such Boards to increase their independence from the Department of State. SEC. 3. NOTIFICATION TO CONGRESS ABOUT CERTAIN INFORMATION RELATING TO ACCOUNTABILITY REVIEW BOARDS OF THE DEPARTMENT OF STATE. Subsection (c) of section 301 of the Omnibus Diplomatic Security and Antiterrorism Act (22 U.S.C. 4831) is amended-- (1) in the matter preceding paragraph (1), by inserting ``, the Chairman of the Committee on Foreign Affairs of the House of Representatives,'' after ``the Committee on Foreign Relations of the Senate''; and (2) in paragraph (2), by striking ``and'' at the end; (3) by redesignating paragraph (3) as paragraph (5); and (4) by inserting after paragraph (2) the following new paragraphs: ``(3) of any individual who is employed at a grade of not lower than the level of FS-3 or GS-14 who is hired, assigned, or detailed to assist the Board to carry out its duties; ``(4) of any political appointee who is hired, assigned, or detailed to assist the Board to carry out its duties; and''. SEC. 4. ACCOUNTABILITY REVIEW BOARDS. (a) Membership.--Subsection (a) of section 302 of the Omnibus Diplomatic Security and Antiterrorism Act (22 U.S.C. 4832) is amended-- (1) by striking the first sentence and inserting the following new sentence: ``A Board shall consist of five members, two appointed by the Secretary of State, two appointed by the Chairperson of the Council of Inspectors General on Integrity and Efficiency (the CIGIE Chairperson), and one appointed by the Director of National Intelligence.''; and (2) by striking the final two sentences and inserting the following new sentences: ``Members of a Board who are not Federal officers or employees shall each be paid at a rate not to exceed the maximum rate of basic pay payable for level IV of the Executive Schedule under section 5317 of title 5, United States Code, for each day (including travel time) during which such members are engaged in the actual performance of duties vested in such Board. Members of the Board who are Federal officers or employees shall receive no additional pay by reason of such membership. Only in exceptional circumstances may a member of a Board be a current Federal officer or employee.''. (b) Staff.--Paragraph (2) of subsection (b) of section 302 of the Omnibus Diplomatic Security and Antiterrorism Act is amended to read as follows: ``(2) Staff.-- ``(A) In general.--A Board may hire staff to assist the Board, and may have any Federal Government employee assigned or detailed to such Board, with or without reimbursement, to assist such Board. Any such assignee or detailee shall retain without interruption the rights, status, and privileges of his or her regular employment. ``(B) Special rule.--Any individual who is hired, assigned, or detailed to assist a Board under subparagraph (A) shall be subject to the rule relating to the avoidance of conflicts of interest under subsection (a) in the same manner and to the same extent as a Member of such a Board is subject to such avoidance under such subsection. ``(C) Office of the inspector general.--To the maximum extent practicable, individuals assisting the Board shall be employees of the Office of the Inspector General of the Department of State.''. (c) Conflicts of Interest.--Section 302 of the Omnibus Diplomatic Security and Antiterrorism Act is amended by adding at the end the following new subsections: ``(c) Avoidance of Conflicts of Interest.-- ``(1) In general.--The Secretary of State, the CIGIE Chairperson, and the Director of National Intelligence may not appoint any individual as a member of a Board if the Secretary, the CIGIE Chairperson, or the Director, as the case may be, determines that such individual has a conflict of interest concerning a person whose performance such Board reasonably could be expected to review. ``(2) Declining appointment.--An individual shall decline appointment to membership on a Board if such individual has actual knowledge of a conflict of interest concerning a person whose performance such Board could reasonably be expected to review. ``(3) Recusal from particular activities.--A member of a Board shall recuse him or herself from any Board activity, interview, deposition, or recommendation concerning a person with whom such member has a conflict of interest. Such member shall promptly notify the other members of such Board of any such recusal, but need not state the basis therefor. ``(d) Conflict of Interest Defined.--In this section, the term `conflict of interest' means one of the following relationships, whether current or former, that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the parties to such relationship toward each other: ``(1) A business, contractual, or other financial relationship that involves other than a routine consumer transaction. ``(2) A familial, member of household, or other close personal relationship, including a social relationship of a romantic or intimate nature. ``(3) A direct managerial or supervisory workplace relationship.''. SEC. 5. EVIDENCE. Subsection (a) of section 303 of the Omnibus Diplomatic Security and Antiterrorism Act (22 U.S.C. 4833) is amended by adding at the end the following new paragraph: ``(4) Determination of relevancy.--The Board may accept any evidence determined by a member of the Board to be relevant and material to an investigation or inquiry of the Board. The Federal Rules of Evidence are not applicable to the Board.''. SEC. 6. BOARD ACTIONS. (a) Program Recommendations.--Subsection (b) of section 304 of the Omnibus Diplomatic Security and Antiterrorism Act (22 U.S.C. 4834) is amended to read as follows: ``(b) Program Recommendations.-- ``(1) In general.--Except as provided in paragraph (2), not later than 90 days after a Board is convened in a case, such Board shall submit to the Secretary of State and Congress its findings (which may be classified to the extent determined necessary by the Board), together with recommendations as appropriate to improve the security and efficiency of any program or operation which such Board has reviewed. ``(2) Extension.--The 90 day period referred to in paragraph (1) may be extended for up to 60 days if the Chairperson of the Board referred to in such paragraph determines that such additional time is necessary to complete a thorough review of the program or operation at issue. ``(3) Dissenting views.--If a member dissents from any of the findings or recommendations of the Board, such member may submit dissenting views to accompany the submission of the Board's findings and recommendations under paragraph (1).''. (b) Reports.--Paragraph (1) of subsection (d) of section 304 of the Omnibus Diplomatic Security and Antiterrorism Act is amended to read as follows: ``(1) Program recommendations.--Not later than 90 days after the submission to the Secretary of State of the findings and recommendations from any Board in accordance with subsection (b), the Secretary shall submit to Congress a corresponding report on the action taken with respect to each such recommendation.''. SEC. 7. REGULATIONS. The Secretary of State shall promulgate or update regulations, as the case may be, to carry out the amendments made by this Act. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to any case of an Accountability Review Board that is convened under section 301 of the Omnibus Diplomatic Security and Antiterrorism Act (22 U.S.C. 4831) on or after the date of the enactment of this Act.

Accountability Review Board Reform Act of 2013 - Expresses the sense of Congress that the effectiveness of Accountability Review Boards would be improved by increasing their independence from the Department of State. Amends the Omnibus Diplomatic Security and Antiterrorism Act regarding congressional notification of an Accountability Review Board's convening to include: (1) notification of the Chairman of the House Committee on Foreign Affairs; and (2) disclosure of any individual employed at a grade not lower than FS-3 or GS-14 or any political appointee who is hired, assigned, or detailed to assist the Board. Revises the appointment of the five Board members to provide that two members shall be appointed by the Secretary, two by the Chairperson of the Council of Inspectors General of Integrity and Efficiency, and one by the Director of National Intelligence. States that to the maximum extent practicable individuals assisting a Board shall be employees of the Department's Office of the Inspector General. Prohibits an individual who has a personal or professional relationship with someone expected to be investigated from serving as a Board member or staffer. Defines "conflict of interest" for such purposes. Authorizes a Board to accept any evidence determined by a Board member to be relevant and material to an investigation. States that the Federal Rules of Evidence shall not apply to the Board. Requires that a Board report and related recommendations be submitted to Congress, in addition to the Secretary.

Accountability Review Board Reform Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preparing and Reinvesting in Early Education Act of 2012'' or ``PRE ED Act of 2012''. SEC. 2. EXPANDING FFEL LOAN FORGIVENESS PROGRAM TO EARLY CHILDHOOD EDUCATORS. Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078- 10) is amended-- (1) in the section heading, by inserting ``early childhood educators and elementary and secondary school'' before ``teachers''; (2) by striking subsection (b) and inserting the following: ``(b) Program Authorized.--The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (c), for any borrower who-- ``(1)(A) is a new borrower on or after October 1, 1998, and has been employed as a full-time teacher for 5 consecutive complete school years-- ``(i) in a school or location that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools or locations; and ``(ii) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary Secondary Education Act of 1965, or meets the requirements of subsection (g)(3); or ``(B)(i) has been employed as a full-time early childhood educator at an early childhood program for 5 consecutive complete school years or a comparable period, as determined by the Secretary; and ``(ii) obtained an associate degree or baccalaureate degree in early childhood education from an institution of higher education prior to the beginning of the period described in clause (i); and ``(2) is not in default on a loan for which the borrower seeks forgiveness.''; (3) by striking paragraph (1) of subsection (c) and inserting the following: ``(1) In general.-- ``(A) Aggregate amounts.--Of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of the fifth complete school year of teaching described in subsection (b)(1) or comparable period (in accordance with subsection (b)(1)(B)(i)), the Secretary shall repay not more than-- ``(i) $5,000 in the aggregate for a borrower described in subsection (b)(1)(A), except as provided in paragraph (3); and ``(ii) $25,000 in the aggregate for a borrower described in subsection (b)(1)(B). ``(B) Interaction with direct loan program.--No borrower may receive a reduction of loan obligations under both this section and section 460.''; and (4) in subsection (g)-- (A) in paragraph (1)(A), by striking ``(b)(1)(A)'' and inserting ``(b)(1)(A)(i)''; and (B) in paragraph (3), by striking ``(b)(1)(B)'' and inserting ``(b)(1)(A)(ii)''. SEC. 3. EXPANDING FEDERAL DIRECT LOAN CANCELLATION PROGRAM TO EARLY CHILDHOOD EDUCATORS. Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended-- (1) in the section heading, by inserting ``early childhood educators and elementary and secondary school'' before ``teachers''; (2) by striking subsection (b) and inserting the following: ``(b) Program Authorized.--The Secretary shall carry out a program of canceling the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any borrower who-- ``(1)(A) is a new borrower on or after October 1, 1998 and has been employed as a full-time teacher for 5 consecutive complete school years-- ``(i) in a school or location that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools or locations; and ``(ii) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary Secondary Education Act of 1965, or meets the requirements of subsection (g)(3); or ``(B)(i) has been employed as a full-time early childhood educator at an early childhood program for 5 consecutive complete school years or a comparable period, as determined by the Secretary; and ``(ii) obtained an associate degree or baccalaureate degree in early childhood education from an institution of higher education prior to the beginning of the period described in clause (i); and ``(2) is not in default on a loan for which the borrower seeks forgiveness.''; (3) by striking paragraph (1) of subsection (c) and inserting the following: ``(1) In general.-- ``(A) Aggregate amounts.--Of the loan obligation on a Federal Direct Stafford Loan or a Federal Direct Unsubsidized Stafford Loan that is outstanding after the completion of the fifth complete school year of teaching described in subsection (b)(1) or comparable period (in accordance with subsection (b)(1)(B)(i)), the Secretary shall cancel not more than-- ``(i) $5,000 in the aggregate for a borrower described in subsection (b)(1)(A), except as provided in paragraph (3); and ``(ii) $25,000 in the aggregate for a borrower described in subsection (b)(1)(B). ``(B) Interaction with ffel program.--No borrower may receive a reduction of loan obligations under both this section and section 428J.''; and (4) in subsection (g)-- (A) in paragraph (1)(A), by striking ``(b)(1)(A)'' and inserting ``(b)(1)(A)(i)''; and (B) in paragraph (3), by striking ``(b)(1)(B)'' and inserting ``(b)(1)(A)(ii)''. SEC. 4. AMENDMENT TO LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL NEED PROGRAM. Section 428K(g)(3)(C) of the Higher Education Act of 1965 (20 U.S.C. 1078-11(g)(3)(C)) is amended by inserting ``an associate degree in early childhood education or'' before ``a baccalaureate''.

Preparing and Reinvesting in Early Education Act of 2012 or PRE ED Act of 2012 - Amends the Higher Education Act of 1965 to include early childhood educators in the Federal Family Education Loan (FFEL) and Direct Loan (DL) forgiveness programs for teachers. Makes early childhood educators eligible for FFEL or DL forgiveness if they are not in default on the loan being forgiven and have: (1) been employed as a full-time early childhood educator for five consecutive complete school years or a comparable period, as determined by the Secretary of Education; and (2) obtained an associate or baccalaureate degree in early childhood education prior to that period of service. Caps at $25,000 the amount of an early childhood educator's FFEL or DL that may be forgiven. Includes early childhood educators with associate degrees in early childhood development, early child education, or a related field in the program providing FFEL forgiveness for service in areas of national need. (Currently, early childhood educators are required to have completed a baccalaureate or advanced degree in such a field to qualify for participation in that program.)

A bill to amend the Higher Education Act of 1965 to provide for loan forgiveness for early childhood educators, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Well Testing Assistance Act''. SEC. 2. ASSISTANCE FOR TESTING OF PRIVATE WELLS. Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following: ``SEC. 1459. ASSISTANCE FOR TESTING OF PRIVATE WELLS. ``(a) Findings.--Congress finds that-- ``(1) more than 15,100,000 households in the United States are served by private drinking water wells; ``(2) while private well owners generally are responsible for regular testing of drinking water wells for the presence of contaminants, cases of serious or potentially widespread groundwater contamination often require State health and environmental agencies to conduct costly tests on numerous drinking water well sites; ``(3) many of those sites are included in the Comprehensive Environmental Response, Compensation, and Liability Information System of the Environmental Protection Agency, through which Federal funding is available for testing of private wells during initial site assessments but not for subsequent regular sampling to ensure that contaminants have not migrated to other wells; ``(4) many State governments do not have the resources to provide regular, reliable testing of drinking water wells that are located in proximity to areas of suspected groundwater contamination; ``(5) State fiscal conditions, already in decline before the terrorist attacks of September 11, 2001, are rapidly approaching a state of crisis; ``(6) according to the National Conference of State Legislatures-- ``(A) revenues in 43 States are below estimates; and ``(B) 36 States have already planned or implemented cuts in public services; ``(7) as a result of those economic conditions, most States do not have drinking water well testing programs in place, and many State well testing programs have been discontinued, placing households served by private drinking water wells at increased risk; and ``(8) the provision of Federal assistance, with a State cost-sharing requirement, would establish an incentive for States to provide regular testing of drinking water wells in proximity to new and existing areas of suspected groundwater contamination. ``(b) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Environmental Protection Agency, acting in consultation with appropriate State agencies. ``(2) Area of concern.--The term `area of concern' means a geographic area in a State the groundwater of which may, as determined by the State-- ``(A) be contaminated or threatened by a release of 1 or more substances of concern; and ``(B) present a serious threat to human health. ``(3) Hazardous substance.--The term `hazardous substance' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). ``(4) Pollutant or contaminant.--The term `pollutant or contaminant' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). ``(5) Substance of concern.--The term `substance of concern' means-- ``(A) a hazardous substance; ``(B) a pollutant or contaminant; ``(C) petroleum (including crude oil and any fraction of crude oil); ``(D) methyl tertiary butyl ether; and ``(E) such other naturally-occurring or other substances (including arsenic, beryllium, and chloroform) as the Administrator, in consultation with appropriate State agencies, may identify by regulation. ``(c) Establishment of Program.--Not later than 90 days after the date of enactment of this section, the Administrator shall establish a program to provide funds to each State for use in testing private wells in the State. ``(d) Determination of Areas of Concern.--Not later than 30 days after the date of enactment of this section, the Administrator shall promulgate regulations that describe criteria to be used by a State in determining whether an area in the State is an area of concern, including a definition of the term `threat to human health'. ``(e) Application Process.-- ``(1) In general.--A State that seeks to receive funds under this section shall submit to the Administrator, in such form and containing such information as the Administrator may prescribe, an application for the funds. ``(2) Certification.--A State application described in paragraph (1) shall include a certification by the Governor of the State of the potential threat to human health posed by groundwater in each area of concern in the State, as determined in accordance with the regulations promulgated by the Administrator under subsection (d). ``(3) Processing.--Not later than 15 days after the Administrator receives an application under this subsection, the Administrator shall approve or disapprove the application. ``(f) Provision of Funding.-- ``(1) In general.--If the Administrator approves an application of a State under subsection (e)(3), the Administrator shall provide to the State an amount of funds to be used to test private wells in the State that-- ``(A) is determined by the Administrator based on-- ``(i) the number of private wells to be tested; ``(ii) the prevailing local cost of testing a well in each area of concern in the State; and ``(iii) the types of substances of concern for which each well is to be tested; and ``(B) consists of not more than $500 per well, unless the Administrator determines that 1 or more wells to be tested warrant the provision of a greater amount. ``(2) Cost sharing.-- ``(A) In general.--The Federal share of the cost of any test described in paragraph (1) shall not exceed 80 percent. ``(B) Non-federal share.--The non-Federal share of the cost of any test described in paragraph (1) may be provided in cash or in kind. ``(g) Number and Frequency of Tests.-- ``(1) In general.--Subject to paragraph (2), in determining the number and frequency of tests to be conducted under this section with respect to any private well in an area of concern, a State shall take into consideration-- ``(A) typical and potential seasonal variations in groundwater levels; and ``(B) resulting fluctuations in contamination levels. ``(2) Limitation.--Except in a case in which at least 2 years have elapsed since the last date on which a private well was tested using funds provided under this section, no funds provided under this section may be used to test any private well-- ``(A) more than 4 times; or ``(B) on or after the date that is 1 year after the date on which the well is first tested. ``(h) Other Assistance.--Assistance provided to test private wells under this section shall be in addition to any assistance provided for a similar purpose under this Act or any other Federal law. ``(i) Report.--Not later than 1 year after the date of enactment of this section, the Administrator, in cooperation with the National Ground Water Association, shall submit to Congress a report that describes the progress made in carrying out this section. ``(j) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2003 through 2006, to remain available until expended. ``(2) Minimum allocation.--The Administrator shall ensure that, for each fiscal year, each State receives not less than 0.25 percent of the amount made available under paragraph (1) for the fiscal year.''.

Private Well Testing Assistance Act - Amends the Safe Drinking Water Act to establish a program to provide funds to States for the testing of private wells.Requires that a State certify to the Administrator of the Environmental Protection Agency that a potential threat to human health is posed by groundwater in an area of concern.Establishes criteria for the level of funding according to the number of wells to be tested, local test costs, and the types of substances of concern, including any seasonal fluctuations in contamination levels.

A bill to amend the Safe Drinking Water Act to provide assistance to States to support testing of private wells in areas of suspected contamination to limit or prevent human exposure to contaminated groundwater.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Employment in Telecommunications Industry Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Dislocated worker; low-income individual.--The terms ``dislocated worker'' and ``low-income individual'' have the meanings given the terms in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (2) Low-income rural area.--The term ``low-income rural area'' means a county that-- (A) has a 1996 population of not less than 60,000 and not more than 105,000 persons; (B) contains a municipality with a 1996 population of not less than 35,000 and not more than 50,000 persons; (C) has a land area of not less than 5,500 and not more than 6,100 square miles; (D) has a population density of not less than 10 and not more than 20 persons per square mile; (E) has a 1996 per capita income that is-- (i) not less than $16,000 and not more than $16,500; and (ii) not less than 86 and not more than 88 percent of the statewide per capita income for the State in which the county is located; or (F) is a county no part of which is-- (i) within an area designated as a standard metropolitan statistical area by the Director of the Office of Management and Budget; or (ii) within an area designated as a metropolitan statistical area by the Director of the Office of Management and Budget; or (G)(i) is experiencing a significant contraction in the oil and natural gas exploration and development industry; (ii) experienced a plant closing within 1 year before the date of enactment of this Act that significantly impacted the county; or (iii) is in close proximity to an Indian reservation, as determined by the Bureau of Indian Affairs. (3) Intensive services.--The term ``intensive services'' means services described in section 134(d)(3) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(3)). (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) State.--The term ``State'' means 1 of the several States. SEC. 3. RURAL EMPLOYMENT IN THE TELECOMMUNICATIONS INDUSTRY PROGRAM. (a) In General.--The Secretary shall establish a program to promote rural employment in the telecommunications industry. In carrying out the program, the Secretary shall make grants to States for projects described in subsection (b). (b) Use of Funds.--A State that receives a grant under subsection (a) shall use the funds made available through the grant to carry out a State telecommunications employment and training project. In carrying out the project, the State shall-- (1) train eligible individuals for new telecommunications industry jobs that will be located in low-income rural areas pursuant to arrangements with employers participating in the project, including ensuring that individuals receive-- (A) intensive services; (B) customized training and appropriate remedial training described in paragraphs (2) and (3) of section 4; and (C) appropriate supportive services; and (2) arrange for the employment of the individuals in the telecommunications industry jobs. (c) Eligible Participants.--To be eligible to participate in a project described in subsection (a), an individual shall be-- (1) a resident of a low-income rural area; (2)(A) a low-income individual; (B) a dislocated worker from the oil and natural gas exploration and development industry; (C) an out-of-school youth; (D) an individual with a disability, as defined in section 101 of the Workforce Investment Act of 1998; (E) an individual who is receiving, or who has received within the past year, assistance under the State temporary assistance for needy families program established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or other public assistance; (F) a veteran, as defined in section 101 of the Workforce Investment Act of 1998; (G) a displaced homemaker, as defined in section 101 of the Workforce Investment Act of 1998; (H) an older individual, as defined in section 101 of the Workforce Investment Act of 1998; (I) a homeless individual; (J) an individual eligible to participate in activities carried out under section 166 of the Workforce Investment Act of 1998; (K) an individual eligible to participate in employment and training activities under section 134 of the Workforce Investment Act of 1998; (L) a long-term unemployed individual; or (M) an individual with multiple barriers to employment; and (3) an individual who has been assessed by the entity carrying out the project and determined to need intensive services. (d) Limitation.--The Secretary shall make the grants to not more than 3 States. SEC. 4. APPLICATION AND STATE PLAN. (a) Contents.--To be eligible to receive a grant under this Act, a State shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary may require, including a State plan that includes-- (1) information demonstrating how the project will train and employ eligible individuals, including individuals described in subparagraphs (C) through (M) of section 3(c)(2); (2) an assurance that the project will include a customized training program for the customer service and supervisory competencies needed in the telecommunications industry jobs to be located in the low-income rural areas served; (3) an assurance that the project will include appropriate remedial training in such areas as reading, writing, math, and English as a second language for eligible individuals who the entity carrying out the project assesses and determines need such training; (4) includes information describing linkages, including linkages relating to providing supportive services for participants in and graduates of the project, between-- (A) the entity carrying out the project; and (B) one-stop operators (as defined in section 101 of the Workforce Investment Act of 1998), one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998), State workforce investment boards established under section 111 of such Act, and local workforce investment boards established under section 117 of such Act; (5) information identifying certification criteria for individuals who successfully complete the training; (6) an assurance that employers participating in the project will make available contributions to the costs of assessing and training participants in the project including those participants who are not eligible individuals described in subparagraph (c) for the new telecommunications jobs in an amount equal to not less than $1 for every $1 of Federal funds provided under the grant; (7)(A) an assurance that the project will include an appropriate performance assessment program that will measure-- (i) the rate of completion of the training by participants in the training; (ii) the percentage of the participants who obtain unsubsidized employment; (iii) the wages of the participants at placement in the employment; and (iv) the percentage of the participants retained in the employment after 6 months of employment; and (B) an assurance that the entity carrying out the project will annually submit to the Secretary the results of the performance assessment program; and (8)(A) information explaining how the activities carried out through the project are linked to State economic development activities; and (B) information describing commitments from private sector employers to locate new telecommunications jobs and facilities within the low-income rural areas to be served, including commitments to provide any needed upgrade in the telecommunications infrastructure. (b) Acceptance of Applications.--The Secretary shall accept applications submitted under subsection (a) not later than 90 days after the date of enactment of this Act. (c) Evaluation of Applications.--The Secretary shall evaluate, and approve or reject, each application submitted under subsection (a) that meets the criteria described in subsections (a) and (b) not later than 60 days after submission of the application. (d) Priority.--In determining which States receive grants under subsection (a), the Secretary will give priority to a State submitting a State plan describing a project that-- (1) will serve an area of high unemployment; (2) will serve an area with a significant bilingual population; (3) will serve an area with a significant minority population, including Native Americans; (4) will serve an area with a high percentage of youth who have failed to complete secondary school; (5) will serve an area significantly impacted by the contraction of the oil and natural gas exploration and development industry; (6) will serve an area significantly impacted by recent plant closings; or (7) is designed to create 1,000 or more new jobs within 2 years of the commencement of the training. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal years 1999 through 2003.

Rural Employment in Telecommunications Industry Act of 1998 - Directs the Secretary of Labor to establish a program to promote rural employment in the telecommunications industry through grants to States for telecommunications employment and training projects. Requires such projects to train eligible individuals for new telecommunications industry jobs in low-income rural areas pursuant to arrangements with employers participating in the project. Includes as eligible individuals: (1) a resident of a low-income rural area; (2) a low-income individual; (3) a dislocated worker from the oil and natural gas exploration and development industry; (4) an out-of-school youth; (5) a disabled individual; (6) an individual receiving assistance under the State temporary assistance for needy families program (part A of title IV (Temporary Assistance for Needy Families) of the Social Security Act); (7) a veteran; (8) a displaced homemaker; (9) an older individual; (10) a homeless individual; (11) an individual eligible to participate in certain activities carried out under the Workforce Investment Act of 1998; (12) a long-term unemployed individual or individual with multiple barriers to employment; and (13) an individual who has been assessed and determined to need intensive services. Allows the Secretary to make grants to no more than three States. Outlines application requirements, including submission of a State plan containing certain information and assurances. Provides a priority for the determination of grant awards. Authorizes appropriations for FY 1999 through 2003.

Rural Employment in Telecommunications Industry Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Bank Offshore Activities Act of 2001''. SEC. 2. CLARIFICATION OF TERRITORIAL APPLICATION. Section 14 of the Act entitled ``An Act to amend the national banking laws to clarify or eliminate ambiguities, to repeal certain laws which have become obsolete, and for other purposes'' and approved September 8, 1959 (12 U.S.C. 42) is amended by inserting before the period at the end ``, except that sections 5156B and 5211(d) of the Revised Statutes of the United States shall apply with respect to activities, investments, and affiliations of national banks without regard to any territorial limitation.''. SEC. 3. REPORTS ON OFFSHORE INTERESTS REQUIRED. Section 5211 of the Revised Statutes of the United States (12 U.S.C. 161) is amended by adding at the end the following new subsection: ``(d) Reports on Offshore Interests Required.-- ``(1) In general.--If a national bank acquires, directly or indirectly, a beneficial interest in any offshore company, the national bank shall submit a written report on such acquisition to the Comptroller of the Currency before the end of the 30-day period beginning on the date the acquisition is consummated. ``(2) Contents of report.--A report submitted under paragraph (1) shall contain the following information: ``(A) The names of all the shareholders, principals, or holders of a beneficial interest in the offshore company. ``(B) The names of any directors, officers, or managing agent of the offshore company. ``(C) The purpose and business of the offshore company. ``(D) The identity and value of any assets held or owned by the offshore company. ``(E) All criminal convictions, indictments or similar formal legal accusations of criminal offenses, and government or regulatory investigations of, and any complaints concerning, any person identified in subparagraph (A) or (B). ``(F) Such other information as the Comptroller of the Currency may require by regulation or order. ``(3) Update of report.--A national bank which submits a report under paragraph (1) shall submit a supplemental report whenever any change occurs with regard to any information previously submitted to the Comptroller of the Currency under this subsection. ``(4) Offshore company defined.-- ``(A) In general.--The term `offshore company' means any company (as defined in section 2(b) of the Bank Holding Company Act of 1956) which is a person of a foreign country (as defined in section 3502(d) of the Primary Dealers Act of 1988). ``(B) Edge act and agreement corporations not included.--The term `offshore company' shall not include a company or corporation in which a national bank holds an interest pursuant to section 25 or 25A of the Federal Reserve Act.''. SEC. 4. PROHIBITION ON RELATIONS BETWEEN NATIONAL BANKS AND CERTAIN VIOLATORS. (a) In General.--Chapter one of title LXII of the Revised Statutes of the United States (12 U.S.C. 21 et seq.) is amended by adding at the end the following new section: ``SEC. 5156B. PROHIBITION ON RELATIONS BETWEEN NATIONAL BANKS AND CERTAIN VIOLATORS. ``(a) Notice of Certain Violations Required.--A national bank shall submit a written notice in a timely manner with the Comptroller of the Currency disclosing any violation of any Federal, State, or foreign criminal law, banking or financial services law, or labor law, or any regulation prescribed under any such law, by any agent or affiliate of the national bank, or any other entity with which the national bank maintains a correspondent banking relationship, which has been finally adjudicated or determined by any adjudicative, regulatory, or other governmental authority. ``(b) Notice and Petition by Others.--In addition to a national bank, any other person or entity (including any Federal or State official, department, or agency) may-- ``(1) file a notice with the Comptroller of the Currency under subsection (a) of any violation described in such subsection; and ``(2) petition the Comptroller to prohibit any further relationship between the national bank and the person with respect to whom such notice is filed. ``(c) Prohibition on Relationship.-- ``(1) In general.--Upon receiving any notice under subsection (a) or (b)(1) of any violation described in subsection (a) by any agent or affiliate of the national bank, or any other entity with which the national bank maintains a correspondent banking relationship, the Comptroller of the Currency shall serve on the national bank a written notice to show cause why the Comptroller should not issue an order prohibiting any further relationship between the national bank and any such agent, affiliate, or other entity. ``(2) Contents of show cause notice.--Any notice served on a national bank by the Comptroller of the Currency under paragraph (1) shall-- ``(A) contain a statement of the facts constituting grounds for the prohibition order; and ``(B) fix the time and place for a hearing to determine whether a prohibition order shall be issued against the national bank. ``(3) Notice and opportunity for hearing by 3rd party.--If any person or entity filed a petition with the Comptroller of the Currency under subsection (b)(2) concerning the relationship at issue in the notice served by the Comptroller on the national bank, the Comptroller shall-- ``(A) provide, to such person or entity, a copy of such notice; and ``(B) provide such person or entity an opportunity to be heard on the record at the hearing referred to in such notice. ``(4) Cease and desist order.--If the Comptroller of the Currency determines that-- ``(A) any violation of any Federal, State, or foreign criminal law, banking or financial services law, or labor law, or any regulation prescribed under any such law, by any agent or affiliate of the national bank, or any other entity with which the national bank maintains a correspondent banking relationship, has been finally adjudicated or determined by any appropriate adjudicative, regulatory, or other governmental authority; and ``(B) good cause does not exist for continuing any relationship between the national bank and such agent, affiliate, or other entity, the Comptroller of the Currency may issue a cease and desist order prohibiting the national bank from any further involvement or relationship with such agent, affiliate, or other entity, and requiring the national bank to dispose of any direct or indirect ownership interest of the national bank in any such agent, affiliate, or other entity. ``(5) Applicability of section 8 of federal deposit insurance act.--The provisions and requirements of section 8 of the Federal Deposit Insurance Act relating to any determination concerning the issuance of a cease and desist order under such section (except the standard), the scope and content of any such order, any judicial review of any such determination, the enforcement of any such order, and the penalties for violating any such order shall apply with respect to any cease and desist order issued under this section. ``(d) Foreign Banks.--Any foreign bank having a Federal branch or agency (as such terms are defined in section 1(b) of the International Banking Act of 1978) shall be treated as a national bank for purposes of this section.''. (b) Clerical Amendment.--The table of sections for chapter one of title LXII of the Revised Statutes of the United States is amended by inserting after the item relating to section 5156A the following new item: ``5156B. Prohibition on relations between national banks and certain violators.''.

National Bank Offshore Activities Act of 2001 - Amends Federal banking law to subject activities, investments, and affiliations of national banks to certain reporting requirements without regard to any territorial limitation.Sets forth reporting requirements incumbent upon a national bank with respect to: (1) acquisition of a beneficial interest in an offshore company; and (2) violations of banking, financial services, or labor laws committed by its agents, affiliates, or any other entity with which it maintains a correspondent banking relationship.Authorizes the Comptroller of the Currency to issue a cease and desist order: (1) prohibiting a national bank from further involvement with such violators; and (2) requiring the bank to dispose of ownership interests in such entity.States that any foreign bank having a Federal branch or agency shall be treated as a national bank for purposes of this Act.

To amend banking laws with respect to offshore activities, investments, and affiliations of national banks, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Contract Procurement for Small Businesses through More Accurate Reporting Act of 2016''. SEC. 2. REPORTING REQUIREMENTS FOR CERTAIN SMALL BUSINESS CONCERNS. Section 15(h)(2)(E) of the Small Business Act (15 U.S.C. 644(h)(2)(E)) is amended-- (1) in clause (i)-- (A) in subclause (III), by striking ``and'' at the end; and (B) by adding at the end the following new subclauses: ``(V) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns for purposes of the initial contract; and ``(VI) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service- disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, or a subset of any such concerns;''; (2) in clause (ii)-- (A) in subclause (IV), by striking ``and'' at the end; and (B) by adding at the end the following new subclauses: ``(VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by service-disabled veterans for purposes of the initial contract; and ``(VII) that were awarded using a procurement method that restricted competition to qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, or a subset of any such concerns;''; (3) in clause (iii)-- (A) in subclause (V), by striking ``and'' at the end; and (B) by adding at the end the following new subclauses: ``(VII) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be qualified HUBZone small business concerns for purposes of the initial contract; and ``(VIII) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service- disabled veterans, small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, or a subset of any such concerns;''; (4) in clause (iv)-- (A) in subclause (V), by striking ``and'' at the end; and (B) by adding at the end the following new subclauses: ``(VII) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by socially and economically disadvantaged individuals for purposes of the initial contract; and ``(VIII) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service- disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by women, or a subset of any such concerns;''; (5) in clause (v)-- (A) in subclause (IV), by striking ``and'' at the end; (B) in subclause (V), by inserting ``and'' at the end; and (C) by adding at the end the following new subclause: ``(VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by an Indian tribe other than an Alaska Native Corporation for purposes of the initial contract;''; (6) in clause (vi)-- (A) in subclause (IV), by striking ``and'' at the end; (B) in subclause (V), by inserting ``and'' at the end; and (C) by adding at the end the following new subclause: ``(VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by a Native Hawaiian Organization for purposes of the initial contract;''; (7) in clause (vii)-- (A) in subclause (IV), by striking ``and'' at the end; (B) in subclause (V), by striking ``and'' at the end; and (C) by adding at the end the following new subclause: ``(VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by an Alaska Native Corporation for purposes of the initial contract; and''; and (8) in clause (viii)-- (A) in subclause (VII), by striking ``and'' at the end; (B) in subclause (VIII), by striking ``and'' at the end; and (C) by adding at the end the following new subclauses: ``(IX) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by women for purposes of the initial contract; and ``(X) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service- disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, or a subset of any such concerns; and''.

Improving Contract Procurement for Small Businesses through More Accurate Reporting Act of 2016 This bill amends the Small Business Act to require the Small Business Administration to report to the President and Congress an analysis of the number and dollar amount of prime contracts awarded by federal agencies each fiscal year to small business concerns, including those: owned and controlled by service-disabled veterans; located in qualified HUBZones; owned and controlled by socially and economically disadvantaged individuals; owned by an Indian tribe, an Alaska Native Corporation, or a Native Hawaiian Organization; or owned and controlled by women. The analyses shall cover all such small business concerns: that were purchased by another entity after the initial contract was awarded and as a result would no longer be deemed to be small business concerns for purposes of the initial contract, and that were awarded using a procurement method that restricted competition to the kinds of small business concerns listed here or a subset of any of them.

Improving Contract Procurement for Small Businesses through More Accurate Reporting Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Exploration and Technology Act of 2015''. SEC. 2. GEOTHERMAL EXPLORATORY DRILLING LOAN PROGRAM. (a) Definitions.--In this section: (1) Fund.--The term ``Fund'' means the Geothermal Investment Fund established under subsection (h). (2) Program.--The term ``program'' means the direct loan program for high risk geothermal exploration wells established under this section. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--The Secretary shall establish a direct loan program for high risk geothermal exploration wells. (c) Applications.--An applicant that seeks to receive a loan under the program may submit to the Secretary an application for the loan at such time, in such form, and containing such information as the Secretary may prescribe. (d) Project Criteria.-- (1) In general.--In selecting applicants for loans under this section to carry out projects under the program, the Secretary shall consider-- (A) the potential for unproven geothermal resources that would be explored and developed under a project; (B) the expertise and experience of an applicant in developing geothermal resources; and (C) the importance of the project in meeting the goals of the Department of Energy. (2) Preference.--In selecting applicants for loans under this section to carry out projects under the program, the Secretary shall provide a preference for projects likely to lead to successful new geothermal development leading to electricity production. (e) Data Sharing.--Data from all exploratory wells that are carried out under the program shall be provided to the Secretary and the Secretary of the Interior for use in mapping national geothermal resources and other uses, including-- (1) subsurface geologic data; (2) metadata; (3) borehole temperature data; and (4) inclusion in the National Geothermal Data System of the Department of Energy. (f) Administration.-- (1) Cost share.-- (A) In general.--The Secretary shall determine the cost share for a loan made under this section. (B) Higher risks.--The Secretary may base the cost share percentage for loans made under this section on a sliding scale, with higher Federal shares awarded to projects with higher risks. (2) Number of wells.--The Secretary shall determine the number of wells for each selected geothermal project for which a loan may be made under this section. (3) Unproductive projects.--The Secretary may grant further delays or dispense with the repayment obligation on a demonstration that a selected geothermal project is unproductive. (g) Loan Repayment.-- (1) Commencement.--The recipient of a loan made under this section for a geothermal facility shall commence repayment of the loan beginning on the earlier of-- (A) the date that is 4 years after the date the loan is made; or (B) the date on which the geothermal facility enters into commercial production. (2) Term.-- (A) In general.--Except as provided in subparagraph (B), the term of a loan made under this section shall be 4 years beginning on the applicable loan repayment commencement date under paragraph (1). (B) Extension.--The Secretary may extend the term of a loan under this section for not more than 4 years. (3) Use of loan repayments.--Amounts repaid on loans made under this section shall be deposited in the Fund. (h) Geothermal Investment Fund.-- (1) Establishment of fund.--There is established in the Treasury of the United States a fund to be known as the ``Geothermal Investment Fund'', to be administered by the Secretary, to be available without fiscal year limitation and not subject to appropriation, to carry out this section. (2) Transfers to fund.--The Fund shall consist of-- (A) such amounts as are appropriated to the Fund under subsection (j); and (B) amounts repaid on loans under subsection (g)(3). (3) Prohibition.--Amounts in the Fund may not be made available for any purpose other than a purpose described in paragraph (1). (4) Annual reports.-- (A) In general.--Not later than 60 days after the end of each fiscal year beginning with fiscal year 2016, the Secretary of Energy shall submit to the the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the operation of the Fund during the fiscal year. (B) Contents.--Each report shall include, for the fiscal year covered by the report, the following: (i) A statement of the amounts deposited into the Fund. (ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (iii) Recommendations for additional authorities to fulfill the purpose of the Fund. (iv) A statement of the balance remaining in the Fund at the end of the fiscal year. (i) Guidelines.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue guidelines for the implementation of the program. (2) Administration.--The guidelines shall-- (A) specify-- (i) the terms and conditions that would require a higher or lower level of cost sharing under this section; (ii) the conditions under which the Secretary will allow loan modifications or forgiveness in cases in which a well cannot be used for production or injection; and (iii) the information necessary to provide a loan applicant with certainty about application of subsection (f), including the level of cost and risk that the applicant and the Secretary will assume; and (B) require that-- (i) loans be provided under this section only after the developer has committed the share of the developer for expenditures for drilling costs; and (ii) loans for successful wells shall be repaid by the developer within a 10-year period. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2016 through 2025. SEC. 3. LARGE-SCALE GEOTHERMAL ENERGY. Title VI of the Energy Independence and Security Act of 2007 is amended by inserting after section 616 (42 U.S.C. 17195) the following: ``SEC. 616A. LARGE-SCALE GEOTHERMAL ENERGY. ``(a) Findings.--Congress finds that-- ``(1) the Geothermal Technologies Program of the Office of Energy Efficiency and Renewable Energy of the Department has included a focus on direct use of geothermal energy in the low- temperature geothermal energy subprogram (including in the development of a research and development plan for the program); ``(2) the Building Technologies Program of the Office of Energy Efficiency and Renewable Energy of the Department-- ``(A) is focused on the energy demand and energy efficiency of buildings; and ``(B) includes geothermal heat pumps as a component technology in the residential and commercial deployment activities of the program; and ``(3) geothermal heat pumps and direct use of geothermal energy, especially in large-scale applications, can make a significant contribution to the use of renewable energy but are underrepresented in research, development, demonstration, and commercialization. ``(b) Purposes.--The purposes of this section are-- ``(1) to improve the components, processes, and systems used for geothermal heat pumps and the direct use of geothermal energy; and ``(2) to increase the energy efficiency, lower the cost, increase the use, and improve and demonstrate the applicability of geothermal heat pumps to, and the direct use of geothermal energy in, large buildings, commercial districts, residential communities, and large municipal, agricultural, or industrial projects. ``(c) Definitions.--In this section: ``(1) Direct use of geothermal energy.--The term `direct use of geothermal energy' means systems that use water that is at a temperature between approximately 38 degrees Celsius and 149 degrees Celsius directly or through a heat exchanger to provide-- ``(A) heating to buildings; or ``(B) heat required for industrial processes, agriculture, aquaculture, and other facilities. ``(2) Geothermal heat pump.--The term `geothermal heat pump' means a system that provides heating and cooling by exchanging heat from shallow ground or surface water using-- ``(A) a closed loop system, which transfers heat by way of buried or immersed pipes that contain a mix of water and antifreeze; or ``(B) an open loop system, which circulates ground or surface water directly into the building and returns the water to the same aquifer or surface water source. ``(3) Large-scale application.--The term `large-scale application' means an application for space or process heating or cooling for large entities with a name-plate capacity, expected resource, or rating of 10 or more megawatts, such as a large building, commercial district, residential community, or a large municipal, agricultural, or industrial project. ``(4) Secretary.--The term `Secretary' means Secretary of Energy, acting through the Assistant Secretary for Energy Efficiency and Renewable Energy. ``(d) Program.-- ``(1) In general.--The Secretary shall establish a program of research, development, demonstration, and commercial application for geothermal heat pumps and the direct use of geothermal energy. ``(2) Areas.--The program may include research, development, demonstration, and commercial application of-- ``(A) geothermal ground loop efficiency improvements through more efficient heat transfer fluids; ``(B) geothermal ground loop efficiency improvements through more efficient thermal grouts for wells and trenches; ``(C) geothermal ground loop installation cost reduction through-- ``(i) improved drilling methods; ``(ii) improvements in drilling equipment; ``(iii) improvements in design methodology and energy analysis procedures; and ``(iv) improved methods for determination of ground thermal properties and ground temperatures; ``(D) installing geothermal ground loops near the foundation walls of new construction to take advantage of existing structures; ``(E) using gray or black wastewater as a method of heat exchange; ``(F) improving geothermal heat pump system economics through integration of geothermal systems with other building systems, including providing hot and cold water and rejecting or circulating industrial process heat through refrigeration heat rejection and waste heat recovery; ``(G) advanced geothermal systems using variable pumping rates to increase efficiency; ``(H) geothermal heat pump efficiency improvements; ``(I) use of hot water found in mines and mine shafts and other surface waters as the heat exchange medium; ``(J) heating of districts, neighborhoods, communities, large commercial or public buildings (including office, retail, educational, government, and institutional buildings and multifamily residential buildings and campuses), and industrial and manufacturing facilities; ``(K) geothermal system integration with solar thermal water heating or cool roofs and solar- regenerated desiccants to balance loads and use building hot water to store geothermal energy; ``(L) use of hot water coproduced from oil and gas recovery; ``(M) use of water sources at a temperature of less than 150 degrees Celsius for direct use; ``(N) system integration of direct use with geothermal electricity production; and ``(O) coproduction of heat and power, including on- site use. ``(3) Environmental impacts.--In carrying out the program, the Secretary shall identify and mitigate potential environmental impacts in accordance with section 614(c). ``(e) Grants.-- ``(1) In general.--The Secretary shall make grants available to State and local governments, institutions of higher education, nonprofit entities, utilities, and for-profit companies (including manufacturers of heat-pump and direct-use components and systems) to promote the development of geothermal heat pumps and the direct use of geothermal energy. ``(2) Priority.--In making grants under this subsection, the Secretary shall give priority to proposals that apply to large buildings (including office, retail, educational, government, institutional, and multifamily residential buildings and campuses and industrial and manufacturing facilities), commercial districts, and residential communities. ``(3) National solicitation.--Not later than 180 days after the date of enactment of this section, the Secretary shall conduct a national solicitation for applications for grants under this section. ``(f) Reports.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section and annually thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science and Technology of the House of Representatives a report on progress made and results obtained under this section to develop geothermal heat pumps and direct use of geothermal energy. ``(2) Areas.--Each of the reports required under this subsection shall include-- ``(A) an analysis of progress made in each of the areas described in subsection (d)(2); and ``(B)(i) a description of any relevant recommendations made during a review of the program; and ``(ii) any plans to address the recommendations under clause (i). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section such sums as are necessary for each of fiscal years 2016 through 2020.''. SEC. 4. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND GAS LEASES. Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amended by adding at the end the following: ``(4) Land subject to oil and gas lease.--Land under an oil and gas lease issued pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for leasing under subsection (c) by the holder of the oil and gas lease-- ``(A) on a determination that-- ``(i) geothermal energy will be produced from a well producing or capable of producing oil and gas; and ``(ii) the public interest will be served by the issuance of such a lease; and ``(B) in order to provide for the coproduction of geothermal energy with oil and gas.''.

Geothermal Exploration and Technology Act of 2015 This bill requires the Department of Energy (DOE) to establish a direct loan program for high risk geothermal exploration wells, and gives preference to loans to carry out projects that are likely to lead to successful new geothermal development leading to electricity production. Data from exploratory wells must be provided to DOE and the Department of the Interior for use in mapping national geothermal resources and other uses. DOE must determine the number of wells for each selected geothermal project for which a loan may be made. The Geothermal Investment Fund is established to carry out the program. Amounts repaid on loans must be deposited in the Fund. The bill amends the Energy Independence and Security Act of 2007 to require DOE to establish a program of research, development, demonstration, and commercial application for geothermal heat pumps and the direct use of geothermal energy. In carrying out the program, DOE must identify and mitigate potential environmental impacts. DOE must make grants to promote the development of geothermal heat pumps and the direct use of geothermal energy, giving priority to proposals that apply to large buildings, commercial districts, and residential communities. The bill amends the Geothermal Steam Act of 1970 to allow the holder of an oil and gas lease of public land to also lease the land for the production of geothermal energy if: (1) the holder of the oil and gas lease has an approved drilling permit, (2) the geothermal energy will be produced from a well producing or capable of producing oil and gas, (3) the geothermal lease would serve the public interest, and (4) oil and gas production is currently occurring under the existing lease.

Geothermal Exploration and Technology Act of 2015