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SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``District of Columbia Legislative Autonomy Act of 2002''. (b) References in Act.--Except as may otherwise be provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the District of Columbia Home Rule Act. SEC. 2. ELIMINATION OF CONGRESSIONAL REVIEW OF NEWLY-PASSED DISTRICT LAWS. (a) In General.--Section 602 (sec. 1-206.02, D.C. Official Code) is amended by striking subsection (c). (b) Congressional Resolutions of Disapproval.-- (1) In general.--The District of Columbia Home Rule Act is amended by striking section 604 (sec. 1-206.04, D.C. Official Code). (2) Clerical amendment.--The table of contents is amended by striking the item relating to section 604. (3) Exercise of rulemaking power.--This subsection and the amendments made by this subsection are enacted by Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. SEC. 3. CONFORMING AMENDMENTS. (a) District of Columbia Home Rule Act.--(1) Section 303 (sec. 1- 203.03, D.C. Official Code) is amended-- (A) in subsection (a), by striking the second sentence; and (B) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c). (2) Section 404(e) (sec. 1-204.04(3), D.C. Official Code) is amended by striking ``subject to the provisions of section 602(c)'' each place it appears. (3) Section 462 (sec. 1-204.62, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``(a) The Council'' and inserting ``The Council''; and (B) by striking subsections (b) and (c). (4) Section 472(d) (sec. 1-204.72(d), D.C. Official Code) is amended to read as follows: ``(d) Payments Not Subject to Appropriation.--The fourth sentence of section 446 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under subsection (a).''. (5) Section 475(e) (sec. 1-204.75(e), D.C. Official Code) is amended to read as follows: ``(e) Payments Not Subject to Appropriation.--The fourth sentence of section 446 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under this section.''. (b) Other Laws.--(1) Section 2(b)(1) of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-204.102(b)(1). D.C. Official Code) is amended by striking ``the appropriate custodian'' and all that follows through ``portion of such act to''. (2) Section 5 of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-204.105, D.C. Official Code) is amended by striking ``, and such act'' and all that follows and inserting a period. (3) Section 16 of the District of Columbia Election Code of 1955 (sec. 1-1001.16, D.C. Official Code)-- (A) in subsection (j)(2)-- (i) by striking ``sections 404 and 602(c)'' and inserting ``section 404'', and (ii) by striking the second sentence; and (B) in subsection (m)-- (i) in the first sentence, by striking ``the appropriate custodian'' and all that follows through ``parts of such act to'', (ii) by striking ``is held. If, however, after'' and inserting ``is held unless, under'', and (iii) by striking ``section, the act which'' and all that follows and inserting ``section.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to each act of the District of Columbia-- (1) passed by the Council of the District of Columbia and signed by the Mayor of the District of Columbia; (2) vetoed by the Mayor and repassed by the Council; (3) passed by the Council and allowed to become effective by the Mayor without the Mayor's signature; or (4) in the case of initiated acts and acts subject to referendum, ratified by a majority of the registered qualified electors voting on the initiative or referendum, on or after October 1, 2002.

District of Columbia Legislative Autonomy Act of 2002 - Amends the District of Columbia Home Rule Act to repeal the mandate for congressional review of newly-passed District laws.

To amend the District of Columbia Home Rule Act to eliminate Congressional review of newly-passed District laws.

SECTION 1. EVEN START PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES. (a) Uses of Funds.--Subsection (a) of section 1054 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by inserting ``, including teenage parents, obtain educational skills and'' after ``help parents''; (2) by redesignating paragraphs (6) and (7) as (7) and (8), respectively; and (3) by inserting after paragraph (5) the following: ``(6) the provision that whenever feasible, data regarding the number, age, sex, race, and ethnicity of participants is collected;''. (b) Eligible Participants.--Section 1055 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (1), by striking ``and''; (2) in paragraph (2), by striking the period and inserting ``; and''; and by adding at the end the following: ``(3) pregnant teenagers, teenage parents, and the children of such teenagers.''. (c) Applications.--Paragraph (5) of section 1056(c) is amended-- (1) by striking ``and'' after ``proficiency'' and inserting a comma; and (2) by inserting ``and teenage parents'' after ``handicaps''. SEC. 2. SECONDARY SCHOOL PROGRAMS FOR BASIC SKILLS IMPROVEMENT AND DROPOUT PREVENTION AND REENTRY. (a) Allocation.--Subsection (c) of section 1102 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end of paragraph (2) the following: ``(3) Each State educational agency shall allocate not less than 25 percent of the funds available to local educational agencies in the State to dropout prevention and reentry programs which-- ``(A) are specifically designed to serve pregnant teenagers and teenage parents; or ``(B) include services or the coordination of services for pregnant teenagers and teenage parents.''. (b) Uses of Funds.--Subsection (c) of section 1103 of the Elementary and Secondary Education Act of 1965 is amended in paragraph (4), by inserting ``sex, race or ethnicity,'' after ``number, ages,''. (c) Applications.--Subsection (b) of section 1104 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (8), (9), (10), and (11) as paragraphs (10), (11), (12), and (13), respectively; (2) by inserting after paragraph (7) the following: ``(8) assure that set-aside programs for pregnant teenagers and teenage parents provide, either directly or in conjunction with other programs, academic skills training, parenting and child development classes, onsite child care or transportation to a nearby facility, and an outreach program to reach such teenagers; ``(9) assure that whenever practicable, the set-aside programs for pregnant teenagers and teenage parents include the provision for health care, job training, other support services such as transportation, life skills training, mentor support, counseling services, scheduling flexibility, and referrals for community resources;''. SEC. 3. LOCAL TARGETED ASSISTANCE PROGRAMS. Paragraph (1) of section 1531(b) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``, pregnant teenagers and teenage parents'' after ``dropping out''. SEC. 4. STATE AND LOCAL PLANS. (a) State Plans.--Subparagraph (C) of section 5122(b)(2) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``or is a parent'' after ``pregnant''. (b) Local Drug Abuse Education and Prevention Programs.--Subsection (a) of section 5125 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (15) and (16) as (16) and (17), respectively; and (2) inserting after paragraph (14) the following: ``(15) programs that address the special needs of pregnant teenagers and teenage parents;''. SEC. 5. ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROGRAMS. (a) Grants to Local Educational Agencies.--Section 6004 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating subsections (b) through (f) as (c) through (g), respectively; and (2) by inserting after subsection (a) the following: ``(b) In addition to the allocation requirements of subsection (a), the Secretary shall ensure that not less than 25 percent of the total funds available are used to develop programs specifically designed to serve pregnant teenagers or teenage parents.''. (b) Application.--Subparagraph (A) of section 6005(b)(1) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``, and if practicable, the age, sex, race and ethnicity'' after ``number''. (c) Reports.--Subsection (a) of section 6008 of the Elementary and Secondary Education Act of 1965 is amended by inserting ``age, sex,'' after ``school students by''. SEC. 6. ASSISTANCE TO PROVIDE BASIC SKILLS IMPROVEMENT. Section 6106 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (8), (9), and (10) as paragraphs (10), (11), and (12) respectively; (2) by inserting after paragraph (7) the following: ``(8) an assurance that set-aside programs for pregnant teenagers and teenage parents provide, either directly or in conjunction with other programs, academic skills training, parenting and child development classes, onsite child care or transportation to a nearby facility, and an outreach program to reach such teenagers; ``(9) an assurance that whenever practicable, the set-aside programs for pregnant teenagers and teenage parents include the provision for health care, job training, other support services such as transportation, life skills training, mentor support, counseling services, scheduling flexibility, and referrals for community resources;''.

Amends the Elementary and Secondary Education Act of 1965 to specify requirements with respect to pregnant teenagers, teenage parents, and the children of such teenagers for: (1) Even Start programs; (2) secondary school programs for basic skills improvement and dropout prevention and reentry; (3) local targeted assistance programs; (4) State and local drug abuse education and prevention programs; (5) assistance to address school dropout problems; and (6) assistance to provide basic skills improvement.

To amend the Elementary and Secondary Education Act of 1965 to ensure that needs of pregnant and parenting teenagers are addressed by the education system, and for other purposes.

SECTION 1. PROJECT FOR NAVIGATION, WELLS HARBOR, MAINE. (a) In General.--The project for navigation, Wells Harbor, Maine, authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 480), is modified to authorize the Secretary of the Army to realign the channel and anchorage areas based on a harbor design capacity of 150 craft. (b) Deauthorization of Certain Portions.--The following portions of the project are not authorized after the date of enactment of this Act: (1) The portion of the 6-foot channel the boundaries of which begin at a point with coordinates N177,992.00, E394,831.00, thence running south 83 degrees 58 minutes 14.8 seconds west 10.38 feet to a point N177,990.91, E394,820.68, thence running south 11 degrees 46 minutes 47.7 seconds west 991.76 feet to a point N177,020.04, E394,618.21, thence running south 78 degrees 13 minutes 45.7 seconds east 10.00 feet to a point N177,018.00, E394,628.00, thence running north 11 degrees 46 minutes 22.8 seconds east 994.93 feet to the point of origin. (2) The portion of the 6-foot anchorage the boundaries of which begin at a point with coordinates N177,778.07, E394,336.96, thence running south 51 degrees 58 minutes 32.7 seconds west 15.49 feet to a point N177,768.53, E394,324.76, thence running south 11 degrees 46 minutes 26.5 seconds west 672.87 feet to a point N177,109.82, E394,187.46, thence running south 78 degrees 13 minutes 45.7 seconds east 10.00 feet to a point N177,107.78, E394,197.25, thence running north 11 degrees 46 minutes 25.4 seconds east 684.70 feet to the point of origin. (3) The portion of the 10-foot settling basin the boundaries of which begin at a point with coordinates N177,107.78, E394,197.25, thence running north 78 degrees 13 minutes 45.7 seconds west 10.00 feet to a point N177,109.82, E394,187.46, thence running south 11 degrees 46 minutes 15.7 seconds west 300.00 feet to a point N176,816.13, E394,126.26, thence running south 78 degrees 12 minutes 21.4 seconds east 9.98 feet to a point N176,814.09, E394,136.03, thence running north 11 degrees 46 minutes 29.1 seconds east 300.00 feet to the point of origin. (4) The portion of the 10-foot settling basin the boundaries of which begin at a point with coordinates N177,018.00, E394,628.00, thence running north 78 degrees 13 minutes 45.7 seconds west 10.00 feet to a point N177,020.04, E394,618.21, thence running south 11 degrees 46 minutes 44.0 seconds west 300.00 feet to a point N176,726.36, E394,556.97, thence running south 78 degrees 12 minutes 30.3 seconds east 10.03 feet to a point N176,724.31, E394,566.79, thence running north 11 degrees 46 minutes 22.4 seconds east 300.00 feet to the point of origin. (c) Redesignations.--The following portions of the project shall be redesignated as part of the 6-foot anchorage: (1) The portion of the 6-foot channel the boundaries of which begin at a point with coordinates N177,990.91, E394,820.68, thence running south 83 degrees 58 minutes 40.8 seconds west 94.65 feet to a point N177,980.98, E394,726.55, thence running south 11 degrees 46 minutes 22.4 seconds west 962.83 feet to a point N177,038.40, E394,530.10, thence running south 78 degrees 13 minutes 45.7 seconds east 90.00 feet to a point N177,020.04, E394,618.21, thence running north 11 degrees 46 minutes 47.7 seconds east 991.76 feet to the point of origin. (2) The portion of the 10-foot inner harbor settling basin the boundaries of which begin at a point with coordinates N177,020.04, E394,618.21, thence running north 78 degrees 13 minutes 30.5 seconds west 160.00 feet to a point N177,052.69, E394,461.58, thence running south 11 degrees 46 minutes 45.4 seconds west 299.99 feet to a point N176,759.02, E394,400.34, thence running south 78 degrees 13 minutes 17.9 seconds east 160 feet to a point N176,726.36, E394,556.97, thence running north 11 degrees 46 minutes 44.0 seconds east 300.00 feet to the point of origin. (3) The portion of the 6-foot anchorage the boundaries of which begin at a point with coordinates N178,102.26, E394,751.83, thence running south 51 degrees 59 minutes 42.1 seconds west 526.51 feet to a point N177,778.07, E394,336.96, thence running south 11 degrees 46 minutes 26.6 seconds west 511.83 feet to a point N177,277.01, E394,232.52, thence running south 78 degrees 13 minutes 17.9 seconds east 80.00 feet to a point N177,260.68, E394,310.84, thence running north 11 degrees 46 minutes 24.8 seconds east 482.54 feet to a point N177,733.07, E394,409.30, thence running north 51 degrees 59 minutes 41.0 seconds east 402.63 feet to a point N177,980.98, E394,726.55, thence running north 11 degrees 46 minutes 27.6 seconds east 123.89 feet to the point of origin. (d) Realignment.--The 6-foot anchorage area described in subsection (c)(3) shall be realigned to include the area located south of the inner harbor settling basin in existence on the date of enactment of this Act beginning at a point with coordinates N176,726.36, E394,556.97, thence running north 78 degrees 13 minutes 17.9 seconds west 160.00 feet to a point N176,759.02, E394,400.34, thence running south 11 degrees 47 minutes 03.8 seconds west 45 feet to a point N176,714.97, E394,391.15, thence running south 78 degrees 13 minutes 17.9 seconds 160.00 feet to a point N176,682.31, E394,547.78, thence running north 11 degrees 47 minutes 03.8 seconds east 45 feet to the point of origin. (e) Relocation.--The Secretary of the Army may relocate the settling basin feature of the project to the outer harbor between the jetties. (f) Enforcement of Conservation Easement.--The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, may accept the conveyance of the right, but not the obligation, to enforce a conservation easement to be held by the State of Maine over certain land owned by the town of Wells, Maine, that is adjacent to the Rachel Carson National Wildlife Refuge.

Modifies the project for navigation, Wells Harbor, Maine, to authorize the Secretary of the Army to realign the channel and anchorage areas based on a harbor design capacity of 150 craft. Deauthorizes specified portions of the project.

A bill to modify, and to deauthorize certain portions of, the project for navigation at Wells Harbor, Maine.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Modification Reform Act of 2010''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``covered trial loan modification'' means a trial loan modification-- (A) offered by a servicer to a homeowner under a home loan modification program; and (B) for which the servicer has received from the homeowner the information required for a trial loan modification; (2) the term ``home loan modification program'' means a home loan modification program put into effect by the Secretary under title I of division A of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.), including the Home Affordable Modification Program; (3) the term ``homeowner'' means an individual who applies for a home loan modification under a home loan modification program; (4) the term ``permanent loan modification'' means any agreement reached between a homeowner and a servicer on a long- term basis, as determined by the Secretary, under a home loan modification program; (5) the term ``qualified counselor'' means a qualified counselor described in section 255(f) of the National Housing Act (12 U.S.C. 1715z-20(f)); (6) the term ``Secretary'' means the Secretary of the Treasury; (7) the term ``servicer'' has the same meaning as in section 129 of the Truth in Lending Act (15 U.S.C. 1639a) (relating to the duties of servicers of residential mortgages), as added by section 201(b) of the Helping Families Save Their Homes Act of 2009 (Public Law 111-22; 123 Stat. 1638); (8) the term ``servicer incentive payment'' means a payment that is made by the Secretary to a servicer-- (A) in exchange, or as an incentive, for making a loan modification under a home loan modification program; and (B) at the time the servicer makes an offer of a trial or permanent modification to a homeowner; and (9) the term ``trial loan modification'' means any agreement reached between a homeowner and a servicer on a temporary basis, as determined by the Secretary, under a home loan modification program. SEC. 3. FORECLOSURE. A servicer may not initiate or continue a foreclosure proceeding with respect to the mortgage of a homeowner if-- (1) the homeowner submitted an application for a loan modification under a home loan modification program-- (A) before receiving a notice of foreclosure from the servicer; or (B) not later than 30 days after the homeowner received a notice of foreclosure from the servicer; and (2) the servicer has not made a determination, as described in section 5(a) that the homeowner does not qualify for a loan modification under a home loan modification program. SEC. 4. PROCESS FOR REVIEW OF IMPROPER DENIALS. (a) Process for Review.-- (1) In general.--The Secretary shall establish a process by which a homeowner may request the Secretary to review a denial by a servicer of an application by the homeowner for a trial loan modification or permanent loan modification. (2) Qualified counselors.--The process established under paragraph (1) shall include the use of qualified counselors to report wrongful denials of trial loan modifications and permanent loan modifications. (3) Supporting documentation.--The Secretary shall require a servicer to submit supporting documentation with respect to any denial by the servicer of an application by a homeowner for a trial loan modification or permanent loan modification that is reviewed by the Secretary under the process established under paragraph (1). (b) Penalties.--If the Secretary determines after a review under the process established under subsection (a) that a servicer has wrongly denied the application of a homeowner for a trial loan modification or a permanent loan modification, the Secretary shall impose a penalty on the servicer. SEC. 5. PENALTIES FOR SERVICERS THAT DO NOT TIMELY EVALUATE HOMEOWNERS. (a) Time for Evaluation of Homeowners.--Not later than 3 months after the date on which a homeowner submits an application for a loan modification to a servicer that participates in a home loan modification program, the servicer shall-- (1) evaluate the application of the homeowner; and (2) notify the homeowner that-- (A) the homeowner is qualified for a trial loan modification or a permanent loan modification under the home loan modification program; or (B) the servicer has denied the application. (b) Priority for Evaluating Amendments.-- (1) Priority.--A servicer that participates in a home loan modification program shall evaluate the applications of homeowners for loan modifications in the order in which the servicer receives the applications. (2) Prohibition.--A servicer that participates in a home loan modification program may not select the order in which the applications of homeowners are evaluated for loan modifications-- (A) on the basis of-- (i) the income of the homeowner that made the application; or (ii) the value of the loan for which a modification is requested; or (B) for any reason other than the time at which the servicer receives the applications. (c) Late Fees for Servicers.-- (1) Reduced servicer incentive payments for loans individual homeowners.--The Secretary shall reduce the amount of any servicer incentive payment with respect to the loan modification of an individual homeowner by 10 percent for each full month that-- (A) follows the date that is 3 months after the date on which the homeowner submits an application for a loan modification to the servicer; and (B) precedes the date on which the servicer notifies the homeowner under subsection (a)(2). (2) Reduced payments for all loans.--If the Secretary determines that, on the date that is 3 months after the date of enactment of this Act, less than 75 percent of all homeowners who applied to a servicer for loan modifications under a home loan modification program have been evaluated within 3 months of the date of the application, the Secretary shall reduce by 25 percent the amount of any servicer incentive payment the servicer would otherwise be eligible to receive under the home loan modification program. (d) Delinquency Fees Charged to Homeowners.--No servicer may impose a fee on a homeowner due to delinquency during the period beginning on the date on which the homeowner submits an application to the servicer for a loan modification and ending on the date on which the homeowner receives notice under subsection (a)(2). (e) Collection and Report of Data.-- (1) Collection of data.--Each servicer shall report to the Secretary, at such time and in such manner as the Secretary may determine, data relating to the processing by the servicer of applications for loan modifications. (2) Report of data.--The Secretary shall publish a monthly report containing the data collected under paragraph (1). SEC. 6. REDUCED PAYMENTS FOR FAILURE TO EVALUATE HOMEOWNERS FOR PERMANENT MODIFICATIONS. If the Secretary determines that, on the date that is 3 months after the date of enactment of this Act, less than 70 percent of all covered trial loan modifications offered by a servicer have been evaluated for conversion to permanent loan modifications before the date that is 3 months after the date on which the servicer and the homeowner entered into an agreement for a trial loan modification, the Secretary shall reduce by 25 percent the amount of any servicer incentive payment the servicer would otherwise be eligible to receive under the home loan modification program. Such reduction shall be in addition to any other reduction in payment that may have been imposed on the servicer for any other violation of this Act. SEC. 7. RULE OF CONSTRUCTION RELATING TO PAYMENTS TO HOMEOWNERS. Nothing in this Act may be construed to require a reduction of a payment by the Secretary made on behalf or for the benefit of a homeowner in connection with a loan modification.

Mortgage Modification Reform Act of 2010 - Prohibits a residential mortgage servicer from initiating or continuing a foreclosure on a homeowner's mortgage if: (1) the homeowner applied for a loan modification under a home loan modification program either before receiving notice of the foreclosure or within 30 days after receiving it; and (2) the servicer has not yet determined that the homeowner does not qualify under a home loan modification program. Directs the Secretary of the Treasury to establish a process by which a homeowner may request review of a servicer's denial of an application for either a trial or a permanent loan modification. Subjects servicers to administrative penalties for wrongful denial of a loan modification application. Requires servicers to evaluate loan applications in the order received, and to notify the homeowner within three months after the date of application submission. Requires the Secretary to reduce servicer incentive payments for tardy evaluations by servicers of loan modification applications. Prohibits servicers from imposing a delinquency fee upon homeowners while the loan modification application is pending.

A bill to establish penalties for servicers that fail to timely evaluate the applications of homeowners under home loan modification programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizens' Financial Freedom Act''. SEC. 2. REPEAL OF INCREASE IN TAX ON SOCIAL SECURITY BENEFITS. (a) In General.--Paragraph (2) of section 86(a) of the Internal Revenue Code of 1986 (relating to social security and tier 1 railroad retirement benefits) is amended by adding at the end the following new flush sentence: ``This paragraph shall not apply to any taxable year beginning after December 31, 2000.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) In General.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (c)(1), by striking ``the age of seventy'' and inserting ``retirement age (as defined in section 216(l))''; (2) in paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; (3) in subsection (f)(1)(B), by striking ``was age seventy or over'' and inserting ``was at or above retirement age (as defined in section 216(l))''; (4) in subsection (f)(3)-- (A) by striking ``33\1/3\ percent'' and all that follows through ``any other individual,'' and inserting ``50 percent of such individual's earnings for such year in excess of the product of the exempt amount as determined under paragraph (8),''; and (B) by striking ``age 70'' and inserting ``retirement age (as defined in section 216(l))''; (5) in subsection (h)(1)(A), by striking ``age 70'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; and (6) in subsection (j)-- (A) in the heading, by striking ``Age Seventy'' and inserting ``Retirement Age''; and (B) by striking ``seventy years of age'' and inserting ``having attained retirement age (as defined in section 216(l))''. (b) Conforming Amendments Eliminating the Special Exempt Amount for Individuals Who Have Attained Retirement Age.-- (1) Uniform exempt amount.--Section 203(f)(8)(A) of the Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting ``a new exempt amount which shall be applicable''. (2) Conforming amendments.--Section 203(f)(8)(B) of such Act (42 U.S.C. 403(f)(8)(B)) is amended-- (A) in the matter preceding clause (i), by striking ``Except'' and all that follows through ``whichever'' and inserting ``The exempt amount which is applicable for each month of a particular taxable year shall be whichever''; (B) in clauses (i) and (ii), by striking ``corresponding'' each place it appears; and (C) in the last sentence, by striking ``an exempt amount'' and inserting ``the exempt amount''. (3) Repeal of basis for computation of special exempt amount.--Section 203(f)(8)(D) of such Act (42 U.S.C. (f)(8)(D)) is repealed. (c) Additional Conforming Amendments.-- (1) Elimination of redundant references to retirement age.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (A) in subsection (c), in the last sentence, by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; and (B) in subsection (f)(1), by striking clause (D) and inserting the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60,''. (2) Conforming amendment to provisions for determining amount of increase on account of delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended-- (A) by striking ``either''; and (B) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. (3) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals.--The second sentence of section 223(d)(4)(A) of the Social Security Act (42 U.S.C. 423(d)(4)(A)) is amended by striking ``if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enacted'' and inserting the following: ``if the amendments to section 203 made by section 102 of the Senior Citizens' Right to Work Act of 1996 and by the Senior Citizens' Financial Freedom Act had not been enacted''. (d) Effective Date.--The amendments and repeals made by this section shall apply with respect to taxable years ending after December 31, 2000. SEC. 4. GRADUAL INCREASE IN AGE FOR REQUIRED MINIMUM DISTRIBUTIONS FROM PENSION PLANS. (a) In General.--Section 401(a)(9)(C) of the Internal Revenue Code of 1986 (defining required beginning date) is amended-- (1) by striking ``age 70\1/2\'' and inserting ``the applicable age'', and (2) by adding at the end the following new clause: ``(v) Applicable age.--For purposes of this subparagraph, the applicable age shall be determined in accordance with the following table: Applicable ``Calendar year: Age: 2000.......................................... 71 2001.......................................... 72 2002.......................................... 73 2003.......................................... 74 2004.......................................... 75 2005.......................................... 76 2006.......................................... 77 2007.......................................... 78 2008.......................................... 79 2009.......................................... 80 2010.......................................... 81 2011.......................................... 82 2012.......................................... 83 2013.......................................... 84 2014 and thereafter........................... 85.'' (b) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 1999.

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits. Amends the IRC to provide for a graduated increase in age from calendar year 2000 to 2014 and thereafter for required distributions from qualified trusts.

Senior Citizens' Financial Freedom Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lackawanna Valley American Heritage Area Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the industrial and cultural heritage of northeastern Pennsylvania, including Lackawanna County, Luzerne County, Wayne County, and Susquehanna County, related directly to anthracite and anthracite-related industries, is nationally significant; (2) the industries referred to in paragraph (1) include anthracite mining, ironmaking, textiles, and rail transportation; (3) the industrial and cultural heritage of the anthracite and anthracite-related industries in the region described in paragraph (1) includes the social history and living cultural traditions of the people of the region; (4) the labor movement of the region played a significant role in the development of the Nation, including-- (A) the formation of many major unions such as the United Mine Workers of America; and (B) crucial struggles to improve wages and working conditions, such as the 1900 and 1902 anthracite strikes; (5)(A) the Secretary of the Interior is responsible for protecting the historical and cultural resources of the United States; and (B) there are significant examples of those resources within the region described in paragraph (1) that merit the involvement of the Federal Government to develop, in cooperation with the Lackawanna Heritage Valley Authority, the Commonwealth of Pennsylvania, and local and governmental entities, programs and projects to conserve, protect, and interpret this heritage adequately for future generations, while providing opportunities for education and revitalization; and (6) the Lackawanna Heritage Valley Authority would be an appropriate management entity for a Heritage Area established in the region described in paragraph (1). (b) Purposes.--The purposes of the Lackawanna Valley American Heritage Area and this Act are-- (1) to foster a close working relationship among all levels of government, the private sector, and the local communities in the anthracite coal region of northeastern Pennsylvania and enable the communities to conserve their heritage while continuing to pursue economic opportunities; and (2) to conserve, interpret, and develop the historical, cultural, natural, and recreational resources related to the industrial and cultural heritage of the 4-county region described in subsection (a)(1). SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Lackawanna Valley American Heritage Area established by section 4. (2) Management entity.--The term ``management entity'' means the management entity for the Heritage Area specified in section 4(c). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area developed under section 6(b). (4) Partner.--The term ``partner'' means-- (A) a Federal, State, or local governmental entity; and (B) an organization, private industry, or individual involved in promoting the conservation and preservation of the cultural and natural resources of the Heritage Area. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA. (a) Establishment.--There is established the Lackawanna Valley American Heritage Area. (b) Boundaries.--The Heritage Area shall be comprised of all or parts of Lackawanna County, Luzerne County, Wayne County, and Susquehanna County, Pennsylvania, determined in accordance with the compact under section 5. (c) Management Entity.--The management entity for the Heritage Area shall be the Lackawanna Heritage Valley Authority. SEC. 5. COMPACT. (a) In General.--To carry out this Act, the Secretary shall enter into a compact with the management entity. (b) Contents of Compact.--The compact shall include information relating to the objectives and management of the area, including-- (1) a delineation of the boundaries of the Heritage Area; and (2) a discussion of the goals and objectives of the Heritage Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the partners. SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Authorities of Management Entity.--The management entity may, for the purposes of preparing and implementing the management plan, use funds made available under this Act-- (1) to make loans and grants to, and enter into cooperative agreements with, any State or political subdivision of a State, private organization, or person; and (2) to hire and compensate staff. (b) Management Plan.-- (1) In general.--The management entity shall develop a management plan for the Heritage Area that presents comprehensive recommendations for the conservation, funding, management, and development of the Heritage Area. (2) Consideration of other plans and actions.--The management plan shall-- (A) take into consideration State, county, and local plans; (B) involve residents, public agencies, and private organizations working in the Heritage Area; and (C) include actions to be undertaken by units of government and private organizations to protect the resources of the Heritage Area. (3) Specification of funding sources.--The management plan shall specify the existing and potential sources of funding available to protect, manage, and develop the Heritage Area. (4) Other required elements.--The management plan shall include the following: (A) An inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the purposes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of its historical, cultural, natural, recreational, or scenic significance. (B) A recommendation of policies for resource management that considers and details application of appropriate land and water management techniques, including the development of intergovernmental cooperative agreements to protect the historical, cultural, natural, and recreational resources of the Heritage Area in a manner that is consistent with the support of appropriate and compatible economic viability. (C) A program for implementation of the management plan by the management entity, including-- (i) plans for restoration and construction; and (ii) specific commitments of the partners for the first 5 years of operation. (D) An analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of this Act. (E) An interpretation plan for the Heritage Area. (5) Submission to secretary for approval.-- (A) In general.--Not later than the last day of the 3-year period beginning on the date of enactment of this Act, the management entity shall submit the management plan to the Secretary for approval. (B) Effect of failure to submit.--If a management plan is not submitted to the Secretary by the day referred to in subparagraph (A), the Secretary shall not, after that day, provide any grant or other assistance under this Act with respect to the Heritage Area until a management plan for the Heritage Area is submitted to the Secretary. (c) Duties of Management Entity.--The management entity shall-- (1) give priority to implementing actions specified in the compact and management plan, including steps to assist units of government and nonprofit organizations in preserving the Heritage Area; (2) assist units of government and nonprofit 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 historical, natural, and architectural resources and sites in the Heritage Area; and (D) restoring historic buildings that relate to the purposes of the Heritage Area; (3) encourage economic viability in the Heritage Area consistent with the goals of the management plan; (4) encourage local governments to adopt land use policies consistent with the management of the Heritage Area and the goals of the management plan; (5) assist units of government and nonprofit organizations to ensure that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are placed throughout the Heritage Area; (6) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; (7) conduct public meetings not less often than quarterly concerning the implementation of the management plan; (8) submit substantial amendments (including any increase of more than 20 percent in the cost estimates for implementation) to the management plan to the Secretary for the Secretary's approval; and (9) for each year in which Federal funds have been received under this Act-- (A) submit a report to the Secretary that specifies-- (i) the accomplishments of the management entity; (ii) the expenses and income of the management entity; and (iii) each entity to which any loan or grant was made during the year; (B) make available to the Secretary for audit all records relating to the expenditure of such funds and any matching funds; and (C) 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 such funds. (d) Use of Federal Funds.-- (1) Funds made available under this act.--The management entity shall not use Federal funds received under this Act to acquire real property or any interest in real property. (2) Funds from other sources.--Nothing in this Act precludes the management entity from using Federal funds obtained through law other than this Act for any purpose for which the funds are authorized to be used. SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Technical and Financial Assistance.-- (1) In general.-- (A) Provision of assistance.--The Secretary may, at the request of the management entity, provide technical and financial assistance to the management entity to develop and implement the management plan. (B) Priority in assistance.--In assisting the management entity, the Secretary shall give priority to actions that assist in-- (i) conserving the significant historical, cultural, and natural resources that support the purposes of the Heritage Area; and (ii) providing educational, interpretive, and recreational opportunities consistent with the resources and associated values of the Heritage Area. (2) Expenditures for non-federally owned property.-- (A) In general.--To further the purposes of this Act, the Secretary may expend Federal funds directly on non-federally owned property, especially for assistance to units of government relating to appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places. (B) Studies.--The Historic American Buildings Survey/Historic American Engineering Record shall conduct such studies as are necessary to document the industrial, engineering, building, and architectural history of the Heritage Area. (b) Approval and Disapproval of Management Plans.-- (1) In general.--The Secretary, in consultation with the Governor of the Commonwealth of Pennsylvania, shall approve or disapprove a management plan submitted under this Act not later than 90 days after receipt of the management plan. (2) Action following disapproval.-- (A) In general.--If the Secretary disapproves a management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions to the management plan. (B) Deadline for approval of revision.--The Secretary shall approve or disapprove a proposed revision within 90 days after the date on which the revision is submitted to the Secretary. (c) Approval of Amendments.-- (1) Review.--The Secretary shall review substantial amendments (as determined under section 6(c)(8)) to the management plan for the Heritage Area. (2) Requirement of approval.--Funds made available under this Act shall not be expended to implement the amendments described in paragraph (1) until the Secretary approves the amendments. SEC. 8. SUNSET PROVISION. The Secretary shall not provide any grant or other assistance under this Act after September 30, 2012. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, except that not more than $1,000,000 may be appropriated to carry out this Act for any fiscal year. (b) 50 Percent Match.--The Federal share of the cost of activities carried out using any assistance or grant under this Act shall not exceed 50 percent.

Lackawanna Valley American Heritage Area Act of 1998 - Establishes the Lackawanna Valley American Heritage Area in Pennsylvania. Requires the Lackawanna Heritage Valley Authority (the management entity for the Area) to develop and submit to the Secretary for approval a management plan that presents comprehensive recommendations for the conservation, funding, management, and development of the Area. Prohibits the use of Federal funds received under this Act to acquire real property or interest therein. Authorizes the Secretary, at the request of the management entity, to provide technical and financial assistance to the management entity to develop and implement the management plan. Terminates any grant or other assistance under this Act after September 30, 2012. Authorizes appropriations. Limits the Federal share of the cost of activities carried out using any assistance or grant under this Act to 50 percent.

Lackawanna Valley American Heritage Area Act of 1998

SECTION 1. SHORT TITLE. This legislation may be cited as the ``Puerto Rico Admission Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The territory of Puerto Rico has a population of more than 3.4 million, and United States citizenship has been granted to individuals born in the islands for one hundred years. (2) The territory has an insular government that, subject to Federal law, exercises authority similar to that possessed by the governments of the several States. (3) The United States citizens of Puerto Rico are not treated equally in Federal law with citizens in the States and do not have representation in their national government other than that provided by a sole resident commissioner who can only vote in committees of the House of Representatives to which she or he is assigned. (4) An overwhelming majority of the United States citizens residing in Puerto Rico want to replace territory status with a permanent form of government that provides for equality and for democratic representation in the making of their national laws. (5) It has been the longstanding policy of the United States that the American citizens of the territory can determine whether it should eventually become a State or a nation. (6) In a plebiscite held in Puerto Rico under local law, a majority of the vote rejected continuation of the current territory status, with more than 61.1 percent petitioning the Congress and the President for statehood and a transition to equality and permanence within the Union of States. (7) Public Law 113-76 responded to the plebiscite under territorial law by providing for a plebiscite under Federal law on an option or options proposed by the Elections Commission of Puerto Rico that can resolve the question of the territory's status and are found by the Department of Justice to not conflict with the Constitution, laws, and policies of the United States. (8) The Governor, two-thirds majorities of each house of the Legislative Assembly, and the Resident Commissioner of Puerto Rico elected in November 2016 were voted into office on a platform of seeking equality and permanence for Puerto Rico within the United States. (9) Puerto Rico is treated as a State for the purposes of most laws but is not treated equally with the States under dozens of statutes, including some providing for major health and other programs for individuals with critical needs and in a number of revenue measures. (10) The limitations of, and treatment under, territory status has left Puerto Rico under-developed and substantially contributed to its economy being weak for four decades and in depression for the last one. (11) Millions of the U.S. citizens of Puerto Rico have moved to a State for the greater opportunity and better way of life possible in a State. (12) Equality within the Nation is required for a healthy American economy and essential for Puerto Rico's social and economic health as well as for basic reasons of democracy. (13) Puerto Ricans have contributed greatly to the Nation in all fields of endeavor both in war and in peace. (14) Puerto Rico should be transitioned into equality within the Union. SEC. 3. PROCESS FOR REPLACING TERRITORY STATUS. (a) Consistent with Public Law 113-76, it is the policy of the United States that the U.S. citizens of Puerto Rico may choose whether Puerto Rico will become a State or a nation through a plebiscite under that law. (b) If the U.S. citizens of Puerto Rico reaffirm the territory's choice of statehood through a plebiscite under Public Law 113-76, Federal laws that do not apply to Puerto Rico or apply differently to the territory than to the several States are amended or repealed to phase in the equal treatment of Puerto Rico with the several States by January 3, 2025, as shall be provided for in a plan submitted to the Congress and the President not later than 270 days after the enactment of this Act by the President's Task Force on Puerto Rico's Status, and Puerto Rico shall become a State on January 3, 2025. SEC. 4. FEDERAL OFFICES. (a) President and Vice President.--With respect to the election for the offices of President and Vice President in November 2024-- (1) Puerto Rico shall be considered a State for purposes of chapter 21 of title 3, United States Code, and the electors of Puerto Rico shall be considered electors of a State for purposes of such chapter; and (2) for purposes of section 3 of such title, the number of electors from Puerto Rico shall be equal to the number of Senators and Representatives to which Puerto Rico is entitled during the One Hundred Nineteenth Congress, as determined in accordance with subsection (b). (b) Congressional Delegation.-- (1) Representatives.--Effective on the first day of the One Hundred Nineteenth Congress, the number of Representatives of States in the House of Representatives shall be increased by the number of Representatives of the State with the population closest to that of Puerto Rico in the 2020 decennial census and the additional seats shall be occupied by Representatives of Puerto Rico. The Clerk of the House of Representatives shall transmit to the Governor of Puerto Rico and the Speaker of the House of Representatives a certificate of the number of Representatives to which Puerto Rico will be entitled not later than January 3, 2024. (2) Election.--The regularly scheduled general elections for Federal office held in Puerto Rico in November 2024 shall include the election of two Senators and the number of Representatives of Puerto Rico provided for in paragraph (1) of this subsection, all of whom shall first take office on January 3, 2025. The Senate shall determine the class to which each of the Senators shall be assigned. (3) Resident commissioner.--Section 36 of the Act of March 2, 1917, 39 Stat. 963, and section 1 of the Act of June 22, 1906, 34 Stat. 417, as amended, are repealed effective January 3, 2025. (4) Primary elections.--The Government of Puerto Rico may hold primary elections for the offices described in this section at such time and in such manner as it may provide, so long as such elections are held in the manner required by the laws applicable to elections for Federal office. SEC. 5. PROCLAMATION. Following the transition process set forth in section 3, the President shall issue a proclamation declaring that Puerto Rico is admitted into the Union on an equal footing with the other States, effective January 3, 2025, and Puerto Rico shall be so admitted. SEC. 6. STATE. Upon the admission of Puerto Rico into the Union as a State-- (a) State Constitution.--The Constitution of the Commonwealth of Puerto Rico shall be accepted as the Constitution of the State. (b) Territory.--The State shall consist of all of the territory, together with the waters included in the seaward boundary, of the Commonwealth of Puerto Rico. (c) Continuity of Government.--The individuals holding legislative, executive, and judicial offices of the Commonwealth of Puerto Rico shall continue to discharge the duties of their respective offices. (d) Continuity of Laws.-- (1) Territory law.--All of the laws of Puerto Rico shall continue in force and effect in the State, except as may be modified consistent with this Act, and shall be subject to repeal or amendment by the Legislative Assembly and the Governor of the sovereign State of Puerto Rico. (2) Federal law.--All of the laws of the United States shall have the same force and effect as on the date immediately prior to the date of admission of Puerto Rico into the Union as a State, except for any provision of law that treats Puerto Rico and its residents differently than the States of the Union and their residents, which shall be amended as of the date of admission to treat the State of Puerto Rico and its residents equally with the other States of the Union and their residents.

Puerto Rico Admission Act This bill expresses U.S. policy that the U.S. citizens of Puerto Rico may choose whether Puerto Rico will become a state or a nation through a plebiscite pursuant to provisions of the Consolidated Appropriations Act, 2014. If the U.S. citizens of Puerto Rico reaffirm the territory's choice of statehood through such a plebiscite: federal laws that do not apply to Puerto Rico or that apply differently to the territory than to the several states shall be amended or repealed to phase in the equal treatment of Puerto Rico with the several states by January 3, 2025, the President's Task Force on Puerto Rico's Status shall submit a plan providing for such equal treatment to Congress and the President by 270 days after the enactment of this bill, Puerto Rico shall be considered a state for purposes of federal elections in November 2024, and Puerto Rico shall become a state and shall be admitted to the Union on equal footing with the other states on January 3, 2025.

Puerto Rico Admission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Colorado River and San Juan River Endangered Fish Recovery Act of 1998''. SEC. 2. PURPOSE. The purpose of the ``Upper Colorado River and the San Juan River Endangered Fish Recovery Act of 1998'' is to authorize and provide funding for the Secretary, acting through the Bureau of Reclamation and the Bureau of Indian Affairs, to continue implementation of the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins in order to accomplish the objectives of these programs within a currently established time schedule. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``Recovery Implementation Programs'' means the intergovernmental programs established pursuant to the 1988 Cooperative Agreement to implement the Recovery Implementation Program for the Endangered Fish Species in the Upper Colorado River dated September 29, 1987, and the 1992 Cooperative Agreement to implement the San Juan River Recovery Implementation Program dated October 21, 1992, and as they may be amended by the parties thereto; (2) the term ``Secretary'' means the Secretary of the Interior; (3) the term ``Upper Division States'' means the States of Colorado, New Mexico, Utah, and Wyoming; (4) the term ``Endangered Species Act'' means the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and any Federal regulation implementing the Endangered Species Act; (5) the term ``Reclamation'' means the U.S. Bureau of Reclamation; (6) the term ``Service'' means the U.S. Fish and Wildlife Service; (7) the term ``Indian Affairs'' means the U.S. Bureau of Indian Affairs; (8) the term ``Bureau'' means the U.S. Bureau of Land Management; (9) the term ``capital projects'' means planning, design, permitting or other compliance, construction, construction management, and replacement of facilities, and the acquisition of interests in land or water, as necessary to carry out the Recovery Implementation Programs; (10) the term ``facilities'' includes facilities for the genetic conservation or propagation of the endangered fishes, those for the restoration of floodplain habitat or fish passage, those for regulation or supply of instream flows, and those for the removal or translocation of nonnative fishes; (11) the term ``interests in land and water'' includes long-term leases and easements, and long-term enforcement or other agreements protecting instream flows; (12) the term ``base funding'' means funding for operation and maintenance of capital projects, implementation of recovery actions other than capital projects, monitoring and research to evaluate the need for or effectiveness of any recovery action, and program management, as necessary to carry out the Recovery Implementation Programs. Base funding also includes annual funding provided under the terms of the 1988 Cooperative Agreement and the 1992 Cooperative Agreement; and (13) the term ``recovery actions other than capital projects'' includes short-term leases and agreements for interests in land, water, and facilities; the reintroduction or augmentation of endangered fish stocks; and the removal, translocation, or other control of nonnative fishes. SEC. 4. AUTHORIZATION TO FUND RECOVERY PROGRAMS. (a) Cost of Capital Projects.--The costs of the capital projects undertaken for the Recovery Implementation Programs shall not exceed $100,000,000. (1) For the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin through the year 2003, such costs shall not exceed $82,000,000. (2) For the San Juan River Recovery Implementation Program through the year 2007, such costs shall not exceed $18,000,000. (3) These costs will be adjusted for inflation. (b) Authorization for Appropriations for Federal Participation in Capital Projects.--There is hereby authorized to be appropriated to the Secretary, acting through Reclamation, $46,000,000 to undertake capital projects pursuant to this Act. Such funds shall be considered a nonreimbursable Federal expenditure. (1) The authority of the Secretary to request appropriations to implement capital projects for the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin shall expire in the year 2003 unless reauthorized by an Act of Congress. (2) The authority of the Secretary to request appropriations to implement the capital projects for the San Juan River Basin Recovery Implementation Program shall expire in the year 2007 unless reauthorized by an Act of Congress. (c) Non-Federal Contributions to Capital Projects.--(1) The Secretary, acting through Reclamation, may enter into agreements with the Upper Division States, political subdivisions or organizations within the Upper Division States which contribute to the payment of capital project costs. Such non-Federal contributions shall not exceed $17,000,000. (2) In addition to the contribution described in 4(c)(1), the Secretary may utilize power revenues collected pursuant to the Colorado River Storage Project Act to carry out the purposes of this Act. Such funds shall be treated as reimbursable costs assigned to power for repayment under section 5 of the Colorado River Storage Project Act. This additional contribution shall not exceed $17,000,000. Such funds shall be considered a non-Federal contribution for the purposes of this Act. The additional funding provided pursuant to this provision may be provided through a loan or loans from the Colorado Water Conservation Board Construction Fund (37-60-121 C.R.S.) to the Secretary of Energy to replace revenues which would otherwise be used for project repayments. The Secretary is authorized to repay such loan or loans from power revenues, subject to an agreement between the Colorado Water Conservation Board and the Secretary of Energy. The agreement shall include provisions designed to minimize future increases in electrical power rates and ensure that a lump-sum repayment, which includes principal and interest, is paid to the Colorado Water Conservation Board no later than October 31, 2057. (3) All contributions made pursuant to subsection (c)(1) and (c)(2) shall be in addition to the cost of replacement power purchased due to modifying the operation of the Colorado River Storage Project and the capital value of water from Wolford Mountain Reservoir in Colorado. Such contributions shall not exceed $20,000,000. (d) Base Funding.--The Secretary may utilize power revenues collected pursuant to the Colorado River Storage Project Act for the annual base funding contributions to the Recovery Implementation Programs by Reclamation. Such funding will be treated as being nonreimbursable and as having been repaid and returned to the general fund of the Treasury as costs assigned to power for repayment under section 5 of the Colorado River Storage Project Act. (1) For the Recovery Implementation Program for the Endangered Fish Species in the Upper Colorado River Basin, such contributions shall not exceed $4,000,000 per year. (2) For the San Juan River Recovery Implementation Program, such contributions shall not exceed $2,000,000 per year. These limits on the annual contributions to base funding will be adjusted for inflation. Any transfer of funds within these limits to the Service shall not be subject to transfer fees. No later than December 31, 2010, the Secretary shall submit a report on the utilization of power revenues to the Subcommittee on Energy and Water Development for the Senate and House Committee on Appropriations. The Secretary shall also make a recommendation regarding the need for additional funding that may be required to fulfill the goals of the Recovery Implementation Programs. Nothing in this Act shall otherwise modify or amend existing agreements among participants regarding base funding and depletion fees for the Recovery Implementation Programs. The Secretary of Energy and Reclamation shall maintain sufficient revenues in the Colorado River Basin Fund to meet their obligations to provide base funding in accordance with this provision. (e) Authority To Retain Appropriated Funds.--At the end of each fiscal year any unexpended appropriated funds for capital projects shall be retained for use in future fiscal years. Unexpended funds which are carried over shall continue to be used to implement the capital projects needed for the Recovery Implementation Programs. (f) Additional Authority.--The Secretary may enter into agreements and contracts with Federal and non-Federal entities; acquire and transfer interests in land, water and facilities; and accept or give grants in order to carry out the purposes of this Act. (g) Indian Trust Assets.--As much of the potential water development in the San Juan River Basin is for the benefit of Indian tribes and most of the federally designated critical habitat for the endangered fish species in the basin is on Indian trust lands, nothing in this Act shall be construed to restrict the Secretary from funding activities or capital items in accordance with the Federal Government's Indian trust responsibility. SEC. 5. EFFECT ON RECLAMATION LAW. Construction of facilities and acquisition of land and water interests as contemplated herein shall not render these facilities or land and water interests or associated processes and procedures subject to the Reclamation Act of 1902, as amended.

Upper Colorado River and San Juan River Endangered Fish Recovery Act of 1998 - Limits to $100 million the costs of capital projects undertaken for the Upper Colorado and San Juan River recovery implementation programs (as agreed to in 1988). Authorizes appropriations to the Secretary of the Interior, acting through the Bureau of Reclamation, to undertake capital projects under this Act. Terminates in 2003 and 2007, respectively, the authority of the Secretary to request appropriations to implement such projects for the recovery programs in the Upper Colorado and San Juan River basins. Authorizes the Secretary to: (1) enter into agreements for non-federal contributions to project costs; and (2) utilize for such projects power revenues collected pursuant to the Colorado River Storage Project Act. Limits such contributions with respect to each recovery program. Requires the Secretary to report to specified committees and subcommittees on the utilization of such power revenues. Authorizes the retention of appropriated but unexpended project funds for use in future fiscal years. States that nothing in this Act shall restrict the Secretary from funding activities or capital items in accordance with the Federal Government's Indian trust responsibility.

Upper Colorado River and San Juan River Endangered Fish Recovery Act of 1998

SECTION 1. ESTABLISHMENT OF INITIATIVE FOR FOOD AND OTHER ASSISTANCE FOR INDIVIDUALS IN INDONESIA AND SOUTHEAST ASIA AFFECTED BY THE ASIAN FINANCIAL CRISIS. (a) Establishment of Initiative.-- (1) In general.--The Administrator of the United States Agency for International Development, in coordination with the Secretary of Agriculture, shall establish an initiative for food and other assistance for individuals in Indonesia and Southeast Asia who are affected by the Asian financial crisis. (2) Conduct of food security elements of initiative.--In carrying out the food security elements of the initiative described in paragraph (1), the Administrator-- (A) shall establish, where appropriate, agricultural commodity distribution technical assistance, agricultural research, extension, farmer- to-farmer, and food assistance programs; and (B) shall provide assistance to nongovernmental organizations, including private voluntary organizations and cooperatives, for programs to provide food assistance in accordance with subsection (b). (b) Assistance to Nongovernmental Organizations.-- (1) Request for funds.--In order to receive funds made available under subsection (a)(2)(B), a nongovernmental organization, private voluntary organizations, or cooperative shall submit a request for funds in accordance with section 202(e) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1722(e)). (2) Approval/disapproval procedures.--A request for funds submitted by a nongovernmental organization, private voluntary organizations, or cooperative under paragraph (1) shall be approved or disapproved by the Administrator of the United States Agency for International Development in accordance with approval and disapproval procedures applicable to programs under title II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721 et seq.). (c) Duration of Programs.--A program described in subsection (a) may be conducted for a period not to exceed 4 years. (d) Funding.-- (1) Overall funding of initiative.-- (A) In general.--Of the amounts made available for fiscal year 1999 for assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.; relating to development assistance) and chapter 4 of part II of such Act (22 U.S.C. 2346 et seq.; relating to the economic support fund), $100,000,000 shall be made available for such fiscal year to carry out subsection (a)(2)(A). (B) Sub-earmarks.--Of the amount available under subparagraph (A)-- (i) not less than 50 percent shall be made available to address food, medical, fuel, and other shortages in Indonesia and Southeast Asia, and for such other immediate and inexpensive actions that can expedite the distribution of items to address such shortages; (ii) not less than 80 percent of the amount of assistance made available for Indonesia shall be made available, administered, or distributed through indigenous nongovernmental or private voluntary organizations; (iii) not less than $6,000,000 shall be made available to support the development of political institutions and parties in Indonesia and Southeast Asia; (iv) not less than $8,000,000 shall be made available to improve transparency and regulation of banking, financial, insurance, and securities institutions in Indonesia and Southeast Asia; and (v) not less than $8,000,000 shall be made available to support legal and judicial reforms in Indonesia and Southeast Asia. (2) Assistance to nongovernmental organizations.--Of the amounts made available for fiscal year 1999 for assistance under title II of the Agricultural Trade Development and Assistance Act of 1954, not less than $60,000,000 shall be made available for such fiscal year to carry out subsection (a)(2)(B). (3) Availability of amounts.--Amounts made available under paragraphs (1) and (2) are authorized to remain available until expended.

Directs the Administrator of the U.S. Agency for International Development (AID) to establish an initiative for food and other assistance for individuals in Indonesia and Southeast Asia affected by the Asian financial crisis. Directs the Administrator of AID, in carrying out the food security elements of the initiative, to: (1) establish, where appropriate, agricultural commodity distribution technical assistance, agricultural research, extension, farmer-to-farmer, and food assistance programs; and (2) provide assistance to nongovernmental organizations, including private voluntary organizations and cooperatives, for programs (of up to four years in duration) to provide food assistance under this Act. Earmarks certain developmental and agricultural assistance and economic support fund assistance for the food security initiative, including assistance for: (1) food, medical, fuel, and other shortages in Indonesia and Southeast Asia; (2) developing political institutions and parties in Indonesia and Southeast Asia; (3) improvement of transparency and regulation of banking, financial, insurance, and securities institutions; and (4) support of legal and judicial reforms. Requires that at least 80 percent of the assistance to Indonesia be administered or distributed through indigenous nongovernmental or private voluntary organizations.

To establish an initiative for food and other assistance for individuals in Indonesia and Southeast Asia who are affected by the Asian financial crisis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Lending Enhancement and Regulatory Relief Act of 2017'' or the ``CLEAR Relief Act of 2017''. SEC. 2. COMMUNITY BANK EXEMPTION FROM ANNUAL MANAGEMENT ASSESSMENT OF INTERNAL CONTROLS REQUIREMENT OF THE SARBANES-OXLEY ACT OF 2002. Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended by adding at the end the following: ``(d) Community Bank Exemption.-- ``(1) Definitions.--In this subsection-- ``(A) the term `bank holding company' has the meaning given the term in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841); ``(B) the term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and ``(C) the term `savings and loan holding company' has the meaning given the term in section 10(a) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)). ``(2) In general.--This section and the rules prescribed under this section shall not apply in any fiscal year to any bank holding company, savings and loan holding company, or insured depository institution that, as of the end of the preceding fiscal year, had total consolidated assets of $1,000,000,000 or less. ``(3) Adjustment of amount.--The Commission shall annually adjust the dollar amount in paragraph (1) by an amount equal to the percentage increase, for the most recent year, in total assets held by all bank holding companies, savings and loan holding companies, and insured depository institutions, as reported by the Federal Deposit Insurance Corporation.''. SEC. 3. ESCROW REQUIREMENTS RELATING TO CERTAIN CONSUMER CREDIT TRANSACTIONS. Section 129D(c) of the Truth in Lending Act (15 U.S.C. 1639d(c)) is amended-- (1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly; (2) by striking ``The Bureau'' and inserting the following: ``(1) In general.--The Bureau''; and (3) by adding at the end the following: ``(2) Treatment of loans held by smaller institutions.--The Bureau shall, by regulation, exempt from the requirements of subsection (a) any loan secured by a first lien on the principal dwelling of a consumer, if such loan is held by an insured depository institution having assets of $10,000,000,000 or less.''. SEC. 4. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS. Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C. 1639c(b)(2)) is amended by adding at the end the following: ``(F) Safe harbor.-- ``(i) In general.--In this section-- ``(I) the term `qualified mortgage' includes any mortgage loan that is originated and retained in portfolio for a period of not less than 3 years by a depository institution together with its affiliates has less than $10,000,000,000 in total consolidated assets; and ``(II) loans described in subclause (I) shall be deemed to meet the requirements of subsection (a). ``(ii) Exception for certain transfer.--In the case of a depository institution that transfers a loan originated by that institution to another depository institution by reason of the bankruptcy or failure of the originating depository institution or the purchase of the originating depository institution, the depository institution acquiring the loan shall be deemed to have complied with the requirement under clause (i)(I).''. SEC. 5. EXEMPTION FROM VOLCKER RULE. Section 13(h)(1) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(h)(1)) is amended-- (1) in subparagraph (D), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (2) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively; (3) by striking ``institution that functions solely in a trust or fiduciary capacity, if--'' and inserting the following: ``institution-- ``(A) that functions solely in a trust or fiduciary capacity, if--''; and (4) in clause (iv)(II), as redesignated, by striking the period at the end and inserting the following: ``; or ``(B) with total consolidated assets of $10,000,000,000 or less.''. SEC. 6. NO WAIT FOR LOWER MORTGAGE RATES. (a) In General.--Section 129(b) of the Truth in Lending Act (15 U.S.C. 1639(b)) is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: ``(3) No wait for lower rate.--If a creditor extends to a consumer a second offer of credit with a lower annual percentage rate, the transaction may be consummated without regard to the period specified in paragraph (1).''. (b) Safe Harbor for Good Faith Compliance With TILA-RESPA Integrated Disclosure Rule.--Section 1032(f) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5532(f)) is amended-- (1) by striking ``Not later than'' and inserting the following: ``(1) In general.--Not later than''; and (2) by adding at the end the following: ``(2) Safe harbor for good faith compliance.-- ``(A) Safe harbor.--Notwithstanding any other provision of law, during the period described in subparagraph (B), an entity that provides the disclosures required under the Truth in Lending Act (15 U.S.C. 1601 et seq.) and sections 4 and 5 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603 and 2604), as in effect on July 31, 2017, shall not be subject to any civil, criminal, or administrative action or penalty for failure to fully comply with any requirement under this subsection. ``(B) Applicable period.--Subparagraph (A) shall apply to an entity during the period beginning on the date of enactment of this paragraph and ending on the date that is 30 days after the date on which a certification by the Director that the model disclosures required under paragraph (1) are accurate and in compliance with all State laws is published in the Federal Register.''.

Community Lending Enhancement and Regulatory Relief Act of 2017 or the CLEAR Relief Act of 2017 This bill amends the Sarbanes-Oxley Act of 2002 to exempt from specified reporting and attestation requirements a community bank with assets of $1 billion or less. The bill amends the Truth in Lending Act to exempt from certain escrow requirements and residential mortgage loan standards a residential mortgage loan held by a depository institution with assets of $10 billion or less. The bill further amends that Act, as well as the Consumer Protection Act of 2010, to exempt certain creditors from specified disclosure requirements. In addition, the bill amends the Bank Holding Company Act of 1956 to exempt from the Volcker Rule a depository institution with assets of $10 billion or less. (The Volcker Rule prohibits banking agencies from engaging in proprietary trading or entering into certain relationships with hedge funds and private-equity funds.)

Community Lending Enhancement and Regulatory Relief Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Portfolio Lending and Mortgage Access Act''. SEC. 2. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS. Section 129C(b) of the Truth in Lending Act (15 U.S.C. 1639c(b)) is amended by adding at the end the following: ``(4) Safe harbor.-- ``(A) In general.--A residential mortgage loan shall be deemed a qualified mortgage loan for purposes of this subsection if the loan-- ``(i) is originated by, and continuously retained in the portfolio of, a covered institution; ``(ii) is in compliance with the limitations with respect to prepayment penalties described in subsections (c)(1) and (c)(3); ``(iii) is in compliance with the requirements related to points and fees under paragraph (2)(A)(vii); ``(iv) does not have negative amortization terms or interest-only terms; and ``(v) is a loan for which the covered institution considers, documents, and verifies the debt, income, and financial resources of the consumer in accordance with subparagraph (C). ``(B) Exception for certain transfers.-- Subparagraph (A) shall not apply to a residential mortgage loan if the legal title to such residential mortgage loan is sold, assigned, or otherwise transferred to another person unless the legal title to such residential mortgage loan is sold, assigned, or otherwise transferred-- ``(i) to another person by reason of the bankruptcy or failure of the covered institution that originated such loan; ``(ii) to an insured depository institution or insured credit union that has less than $10,000,000,000 in total consolidated assets on the date of such sale, assignment, or transfer, if the loan is retained in portfolio by such insured depository institution or insured credit union; ``(iii) pursuant to a merger of the covered institution that originated such loan with another person or the acquisition of a the covered institution that originated such loan by another person or of another person by a covered institution, if the loan is retained in portfolio by the person to whom the loan is sold, assigned, or otherwise transferred; or ``(iv) to a wholly owned subsidiary of the covered institution that originated such loan if the loan is considered to be an asset of such covered institution for regulatory accounting purposes. ``(C) Consideration and documentation requirements.--The consideration and documentation requirements described in subparagraph (A)(v) shall-- ``(i) not be construed to require compliance with, or documentation in accordance with, appendix Q to part 1026 of title 12, Code of Federal Regulations, or any successor regulation; and ``(ii) be construed to permit multiple methods of documentation. ``(D) Definitions.--In this paragraph-- ``(i) the term `covered institution' means an insured depository institution or an insured credit union that, together with its affiliates, has less than $10,000,000,000 in total consolidated assets on the date on the origination of a residential mortgage loan; ``(ii) the term `insured credit union' has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); ``(iii) the term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); ``(iv) the term `interest-only term' means a term of a residential mortgage loan that allows one or more of the periodic payments made under the loan to be applied solely to accrued interest and not to the principal of the loan; and ``(v) the term `negative amortization term' means a term of a residential mortgage loan under which the payment of periodic payments will result in an increase in the principal of the loan.''. Passed the House of Representatives March 6, 2018. Attest: KAREN L. HAAS, Clerk.

Portfolio Lending and Mortgage Access Act (Sec. 2) This bill amends the Truth in Lending Act to allow a depository institution or credit union with assets below a specified threshold to forgo certain ability-to-pay requirements regarding residential mortgage loans. Specifically, those requirements are waived if a loan: (1) is originated by and continuously retained by the institution, (2) complies with requirements regarding prepayment penalties and points and fees, and (3) does not have negative amortization or interest-only terms. Furthermore, for such requirements to be waived, the institution must consider and verify the debt, income, and financial resources of the consumer. The bill also provides for circumstances in which such requirements shall be waived with respect to a loan that is transferred: (1) by reason of bankruptcy or failure of the originating institution, (2) to a similar institution, (3) in the event of a merger, or (4) to a wholly owned subsidiary of the institution.

Portfolio Lending and Mortgage Access Act

SECTION 1. IMPORTATION OF PRESCRIPTION DRUGS. (a) In General.--Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended by striking section 804 and inserting the following: ``SEC. 804. IMPORTATION OF PRESCRIPTION DRUGS. ``(a) Definitions.--In this section: ``(1) Importer.--The term `importer' means a pharmacist or wholesaler. ``(2) Pharmacist.--The term `pharmacist' means a person licensed by a State to practice pharmacy, including the dispensing and selling of prescription drugs. ``(3) Prescription drug.--The term `prescription drug' means a drug subject to section 503(b), other than-- ``(A) a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(B) a biological product (as defined in section 351 of the Public Health Service Act (42 U.S.C. 262)); ``(C) an infused drug (including a peritoneal dialysis solution); ``(D) an intravenously injected drug; ``(E) a drug that is inhaled during surgery; or ``(F) a drug which is a parenteral drug, the importation of which pursuant to subsection (b) is determined by the Secretary to pose a threat to the public health, in which case section 801(d)(1) shall continue to apply. ``(4) Qualifying laboratory.--The term `qualifying laboratory' means a laboratory in the United States that has been approved by the Secretary for the purposes of this section. ``(5) Wholesaler.-- ``(A) In general.--The term `wholesaler' means a person licensed as a wholesaler or distributor of prescription drugs in the United States under section 503(e)(2)(A). ``(B) Exclusion.--The term `wholesaler' does not include a person authorized to import drugs under section 801(d)(1). ``(b) Regulations.--The Secretary, after consultation with the United States Trade Representative and the Commissioner of Customs, shall promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States. ``(c) Limitation.--The regulations under subsection (b) shall-- ``(1) require that safeguards be in place to ensure that each prescription drug imported under the regulations complies with section 505 (including with respect to being safe and effective for the intended use of the prescription drug), with sections 501 and 502, and with other applicable requirements of this Act; ``(2) require that an importer of a prescription drug under the regulations comply with subsections (d)(1) and (e); and ``(3) contain any additional provisions determined by the Secretary to be appropriate as a safeguard to protect the public health or as a means to facilitate the importation of prescription drugs. ``(d) Information and Records.-- ``(1) In general.--The regulations under subsection (b) shall require an importer of a prescription drug under subsection (b) to submit to the Secretary the following information and documentation: ``(A) The name and quantity of the active ingredient of the prescription drug. ``(B) A description of the dosage form of the prescription drug. ``(C) The date on which the prescription drug is shipped. ``(D) The quantity of the prescription drug that is shipped. ``(E) The point of origin and destination of the prescription drug. ``(F) The price paid by the importer for the prescription drug. ``(G) Documentation from the foreign seller specifying-- ``(i) the original source of the prescription drug; and ``(ii) the quantity of each lot of the prescription drug originally received by the seller from that source. ``(H) The lot or control number assigned to the prescription drug by the manufacturer of the prescription drug. ``(I) The name, address, telephone number, and professional license number (if any) of the importer. ``(J)(i) In the case of a prescription drug that is shipped directly from the first foreign recipient of the prescription drug from the manufacturer: ``(I) Documentation demonstrating that the prescription drug was received by the recipient from the manufacturer and subsequently shipped by the first foreign recipient to the importer. ``(II) Documentation of the quantity of each lot of the prescription drug received by the first foreign recipient demonstrating that the quantity being imported into the United States is not more than the quantity that was received by the first foreign recipient. ``(III)(aa) In the case of an initial imported shipment, documentation demonstrating that each batch of the prescription drug in the shipment was statistically sampled and tested for authenticity and degradation. ``(bb) In the case of any subsequent shipment, documentation demonstrating that a statistically valid sample of the shipment was tested for authenticity and degradation. ``(ii) In the case of a prescription drug that is not shipped directly from the first foreign recipient of the prescription drug from the manufacturer, documentation demonstrating that each batch in each shipment offered for importation into the United States was statistically sampled and tested for authenticity and degradation. ``(K) Certification from the importer or manufacturer of the prescription drug that the prescription drug-- ``(i) is approved for marketing in the United States and is not adulterated or misbranded; and ``(ii) meets all labeling requirements under this Act. ``(L) Laboratory records, including complete data derived from all tests necessary to ensure that the prescription drug is in compliance with established specifications and standards. ``(M) Documentation demonstrating that the testing required by subparagraphs (J) and (L) was conducted at a qualifying laboratory. ``(N) Any other information that the Secretary determines is necessary to ensure the protection of the public health. ``(2) Maintenance by the secretary.--The Secretary shall maintain information and documentation submitted under paragraph (1) for such period of time as the Secretary determines to be necessary. ``(e) Testing.--The regulations under subsection (b) shall require-- ``(1) that testing described in subparagraphs (J) and (L) of subsection (d)(1) be conducted by the importer or by the manufacturer of the prescription drug at a qualified laboratory; ``(2) if the tests are conducted by the importer-- ``(A) that information needed to-- ``(i) authenticate the prescription drug being tested; and ``(ii) confirm that the labeling of the prescription drug complies with labeling requirements under this Act; be supplied by the manufacturer of the prescription drug to the pharmacist or wholesaler; and ``(B) that the information supplied under subparagraph (A) be kept in strict confidence and used only for purposes of testing or otherwise complying with this Act; and ``(3) may include such additional provisions as the Secretary determines to be appropriate to provide for the protection of trade secrets and commercial or financial information that is privileged or confidential. ``(f) Registration of Foreign Sellers.--Any establishment within Canada engaged in the distribution of a prescription drug that is imported or offered for importation into the United States shall register with the Secretary the name and place of business of the establishment and the name of the United States agent for the establishment. ``(g) Suspension of Importation.--The Secretary shall require that importations of a specific prescription drug or importations by a specific importer under subsection (b) be immediately suspended on discovery of a pattern of importation of that specific prescription drug or by that specific importer of drugs that are counterfeit or in violation of any requirement under this section, until an investigation is completed and the Secretary determines that the public is adequately protected from counterfeit and violative prescription drugs being imported under subsection (b). ``(h) Approved Labeling.--The manufacturer of a prescription drug shall provide an importer written authorization for the importer to use, at no cost, the approved labeling for the prescription drug. ``(i) Charitable Contributions.--Notwithstanding any other provision of this section, section 801(d)(1) continues to apply to a prescription drug that is donated or otherwise supplied at no charge by the manufacturer of the drug to a charitable or humanitarian organization (including the United Nations and affiliates) or to a government of a foreign country. ``(j) Waiver Authority for Importation by Individuals.-- ``(1) Declarations.--Congress declares that in the enforcement against individuals of the prohibition of importation of prescription drugs and devices, the Secretary should-- ``(A) focus enforcement on cases in which the importation by an individual poses a significant threat to public health; and ``(B) exercise discretion to permit individuals to make such importations in circumstances in which-- ``(i) the importation is clearly for personal use; and ``(ii) the prescription drug or device imported does not appear to present an unreasonable risk to the individual. ``(2) Waiver authority.-- ``(A) In general.--The Secretary may grant to individuals, by regulation or on a case-by-case basis, a waiver of the prohibition of importation of a prescription drug or device or class of prescription drugs or devices, under such conditions as the Secretary determines to be appropriate. ``(B) Guidance on case-by-case waivers.--The Secretary shall publish, and update as necessary, guidance that accurately describes circumstances in which the Secretary will consistently grant waivers on a case-by-case basis under subparagraph (A), so that individuals may know with the greatest practicable degree of certainty whether a particular importation for personal use will be permitted. ``(3) Drugs imported from canada.--In particular, the Secretary shall by regulation grant individuals a waiver to permit individuals to import into the United States a prescription drug that-- ``(A) is imported from a licensed pharmacy for personal use by an individual, not for resale, in quantities that do not exceed a 90-day supply; ``(B) is accompanied by a copy of a valid prescription; ``(C) is imported from Canada, from a seller registered with the Secretary; ``(D) is a prescription drug approved by the Secretary under chapter V; ``(E) is in the form of a final finished dosage that was manufactured in an establishment registered under section 510; and ``(F) is imported under such other conditions as the Secretary determines to be necessary to ensure public safety. ``(k) Construction.--Nothing in this section limits the authority of the Secretary relating to the importation of prescription drugs, other than with respect to section 801(d)(1) as provided in this section. ``(l) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (b) Conforming Amendments.--The Federal Food, Drug, and Cosmetic Act is amended-- (

Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States. Sets forth specified provisions respecting: (1) importer and foreign seller recordkeeping and information requirements; (2) qualified laboratory drug testing; (3) registration with the Secretary of Canadian sellers; and (4) approved labeling. Declares that the Secretary should: (1) focus enforcement on cases in which individual importation poses a significant public health threat; and (2) exercise discretion to permit individuals to make such importation for non-risk personal use. Authorizes the Secretary to grant individuals a waiver of the prohibition of importation of a prescription drug or device. Directs the Secretary to grant individuals a waiver of such prohibition for an approved prescription drug imported from Canada that is: (1) imported from a licensed pharmacy for not more than 90-day personal use; (2) accompanied by a valid prescription; (3) in a final finished dosage that was manufactured in a registered establishment; and (4) imported under such other conditions as the Secretary determines necessary to ensure public safety.

To amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lance Corporal Jose Gutierrez Act of 2008''. SEC. 2. FACILITATING NATURALIZATION FOR MILITARY PERSONNEL. (a) In General.--Any person who served honorably as a member of the Armed Forces in support of contingency operations (as defined in section 101(a)(13) of title 10, United States Code) shall be eligible for naturalization pursuant to section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) as if the person had served during a period designated by the President under such section 329. (b) Naturalization Through Service in the Armed Forces of the United States.--Section 328 of the Immigration and Nationality Act (8 U.S.C. 1439) is amended-- (1) in subsection (a), by striking ``six months'' and inserting ``one year''; (2) by striking subsection (c); (3) in subsection (d), by striking ``six months'' and inserting ``one year''; and (4) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. SEC. 3. FACILITATING REMOVAL OF CONDITIONAL STATUS FOR MILITARY PERSONNEL AND THEIR FAMILIES. (a) Period for Filing Petition.--Section 216(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1186a(d)(2)) is amended-- (1) in subparagraph (A), by striking ``subparagraph (B),'' and inserting ``subparagraphs (B) and (D),''; and (2) by adding at the end the following: ``(D) Filing of petitions during military service.--In the case of an alien who is serving as a member of the Selected Reserve of the Ready Reserve or in an active-duty status in the military, air, or naval forces of the United States during the 90-day period described in subparagraph (A), the alien may file the petition under subsection (c)(1)(A) during the 6-month period beginning on the date on which the alien is discharged from such service.''. (b) Requirements of Timely Petition and Interview for Removal of Condition.--Section 216(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1186a(a)(1)) is amended by inserting ``or serving in the Armed Forces at the time of the interview'' after ``deceased''. SEC. 4. FACTORS TO CONSIDER IN INITIATING REMOVAL PROCEEDINGS AGAINST ACTIVE DUTY MILITARY PERSONNEL OR VETERANS. Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229a) is amended by adding at the end the following: ``(f)(1) A notice to appear shall not be issued against an alien who served honorably at any time in the Armed Forces of the United States, and who, if separated from such service, separated under honorable conditions, without prior approval from the Director of the United States Citizenship and Immigration Services or the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement. ``(2) In determining whether to issue a notice to appear against such an alien, the Director or the Assistant Secretary shall consider the alien's eligibility for naturalization under section 328 or 329, as well as the alien's record of military service, grounds of deportability applicable to the alien, and any hardship to the Armed Services, the alien, and his or her family if the alien were to be placed in removal proceedings. ``(3) An alien who served honorably at any time in the Armed Forces of the United States, and who, if separated from such service, separated under honorable conditions, shall not be removed from the United States under subparagraph (A)(i) or (B)(iii) of section 235(b)(1), section 238, or section 241(a)(5).''. SEC. 5. DISCRETIONARY RELIEF FOR ACTIVE DUTY MILITARY PERSONNEL, VETERANS, AND FAMILY MEMBERS IN REMOVAL PROCEEDINGS. (a) Grounds of Inadmissibility.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting after subsection (b) the following: ``(c) Military Service Personnel and Family Members.-- ``(1) In general.--With respect to an alien who served honorably at any time in the Armed Forces of the United States, and who, if separated from such service, separated under honorable conditions, or an alien who is the spouse, child, son, daughter, parent, or minor sibling of a member serving in the Armed Forces of the United States-- ``(A) paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of subsection (a) shall not apply; ``(B) the Secretary of Homeland Security, or the Attorney General, shall not waive-- ``(i) subsection (a)(2)(B), if the alien actually was incarcerated for 5 years or more for the offenses described in such subsection; ``(ii) subparagraph (C), (D), (G), or (H) of subsection (a)(2); ``(iii) subparagraph (A), (B), (C), (E), or (F) of subsection (a)(3); ``(iv) subsection (a)(6)(E); ``(v) subparagraph (A) or (C) of subsection (a)(10); or ``(vi) subsection (a)(10)(D), if the alien has received a conviction, award, compromise, settlement, or injunction for an offense described in clause (i) of such subsection, and if the court finds that the alien did not reasonably believe at the time such violation that the alien was a citizen; and ``(C) the Secretary of Homeland Security, or the Attorney General, may waive any other provision of subsection (a). ``(2) Waiver factors.--In making a determination under paragraph (1)(C), the following factors may be considered: ``(A) The grounds of inadmissibility applicable to the alien. ``(B) The alien's service in the United States military, or the degree to which the alien's removal would affect a close family member who is serving or has served in the Armed Forces. ``(C) The length of time the alien has lived in the United States. ``(D) The degree to which the alien would be impacted by his or her removal from the United States. ``(E) The existence of close family ties within the United States. ``(F) The degree to which the alien's removal would adversely affect the alien's United States citizen, or lawful permanent resident, parents, spouses, children, sons, daughters, or siblings. ``(G) The alien's history of employment in the United States, including whether the alien has been self-employed or has owned a business. ``(H) The degree to which the alien's removal would adversely affect the alien's United States employer or business. ``(I) The degree to which the alien has ties to the alien's community in the United States or has contributed to the Nation through community, volunteer, or other activities.''. (b) Grounds of Deportability.--Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227) is amended by adding at the end the following: ``(d) Military Service Personnel and Family Members.-- ``(1) In general.--With respect to an alien who served honorably at any time in the Armed Forces of the United States, and who, if separated from such service, separated under honorable conditions, or an alien who is the spouse, child, son, daughter, parent, or minor sibling of a member serving in the Armed Forces of the United States-- ``(A) paragraphs (1)(D), (3)(A), and (5) of subsection (a) shall not apply; ``(B) the Secretary of Homeland Security, or the Attorney General, shall not waive-- ``(i) subsection (a)(1)(E); ``(ii) subsection (a)(2)(A)(ii), if the alien actually was incarcerated for 5 years or more for the offenses described in such subsection; ``(iii) subsection (a)(2)(A)(iii), if the aggravated felony involved was an offense described in subparagraph (A), (B), (C), (D), (E)(i), (H), (I), (K)(i), (K)(ii), (K)(iii), (L)(i), (L)(ii), (L)(iii), (M)(ii), (R), (S), or (U) of section 101(a)(43); ``(iv) clause (iv) or (v) of subsection (a)(2)(A); ``(v) clause (i) or (ii) of subsection (a)(2)(D); ``(vi) subsection (a)(2)(D)(iii), if the offense is a violation of the Trading With the Enemy Act; ``(vii) subsection (a)(2)(D)(iv), if the offense is a violation of section 278; ``(viii) subparagraph (A), (B), (C)(i), (D), or (E) of subsection (a)(4); or ``(ix) subsection (a)(6)(A), if the alien has received a conviction, award, compromise, settlement, or injunction for an offense described in such subsection, and if the court finds that the alien did not reasonably believe at the time such violation that the alien was a citizen; and ``(C) the Secretary of Homeland Security, or the Attorney General, may waive any other provision of subsection (a). ``(2) Waiver factors.--In making a determination under paragraph (1)(C), the following factors may be considered: ``(A) The grounds of deportability applicable to the alien. ``(B) The alien's service in the United States military, or the degree to which the alien's removal would affect a close family member who is serving or has served in the Armed Forces. ``(C) The length of time the alien has lived in the United States. ``(D) The degree to which the alien would be impacted by his or her removal from the United States. ``(E) The existence of close family ties within the United States. ``(F) The degree to which the alien's removal would adversely affect the alien's United States citizen, or lawful permanent resident, parents, spouses, children, sons, daughters, or siblings. ``(G) The alien's history of employment in the United States, including whether the alien has been self-employed or has owned a business. ``(H) The degree to which the alien's removal would adversely affect the aliens United States employer or business. ``(I) The degree to which the alien has ties to the alien's community in the United States or has contributed to the Nation through community, volunteer, or other activities.''. SEC. 6. TIMELY REUNIFICATION OF MILITARY PERSONNEL AND THEIR NUCLEAR FAMILIES. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F) Aliens who are eligible for an immigrant visa under paragraph (2)(A) of section 203(a) and are either the spouse or child of an alien who is serving in the Armed Forces of the United States.''. SEC. 7. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF ACTIVE DUTY PERSONNEL. (a) In General.--The Secretary of Homeland Security shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien-- (1) applies for such adjustment, and is physically present in the United States on the date the application is filed; (2) is admissible to the United States as an immigrant, except as provided in subsection (d); and (3) pays a fee, as determined by the Secretary, for the processing of such application. (b) Eligible Aliens.-- (1) In general.--The benefits provided in subsection (a) shall apply only to an alien who is a parent, spouse, child, son or daughter, or minor sibling of an eligible member of the Armed Forces, as defined in subsection (c). (2) Posthumous benefits.--An alien described in paragraph (1) shall continue to be eligible for adjustment under this section for 2 years after the death of an eligible member of the Armed Forces whose death was the result of injury or disease incurred in or aggravated by his or her service in the Armed Forces. (c) Eligible Members of the Armed Forces.--In this section, ``eligible member of the Armed Forces'' means any person who-- (1) is serving or has served honorably as a member of the Selected Reserve of the Ready Reserve or in an active-duty status in the military, air, or naval forces of the United States during a period beginning February 28, 1961, and ending on a date designated by the President by Executive order as of the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force; and (2) if separated from the service described in paragraph (1), was separated under honorable conditions. (d) Waiver of Certain Grounds of Inadmissibility.--For the purpose of adjustment of status under this section: (1) Paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (2) The Secretary of Homeland Security, or the Attorney General, shall not waive the following provisions of section 212 of the Immigration and Nationality Act (8 U.S.C. 1182): (A) Subsection (a)(2)(B), if the alien actually was incarcerated for 5 years or more for the offenses described in such subsection. (B) Subparagraph (C), (D), (G), or (H) of subsection (a)(2). (C) Subparagraph (A), (B), (C), (E), or (F) of subsection (a)(3). (D) Subsection (a)(6)(E). (E) Subparagraph (A) or (C) of subsection (a)(10). (F) Subsection (a)(10)(D), if the alien has received a conviction, award, compromise, settlement, or injunction for an offense described in clause (i) of such subsection, and if the court finds that the alien did not reasonably believe at the time such violation that the alien was a citizen. (3) The Secretary of Homeland Security, or the Attorney General, may waive any other provision of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.

Lance Corporal Jose Gutierrez Act of 2008 - (Sec. 2) States that any person who served honorably as a member of the U.S. Armed Forces (Armed Forces) in support of contingency operations shall be eligible for naturalization as if the person had served during a period of presidentially-designated military hostilities. Amends the Immigration and Nationality Act to extend the period for filing a naturalization application to one year after completion of eligible military service. (Sec. 3) Permits a conditional permanent resident alien who is a member of the Selected Reserve or an active-duty member of the Armed Forces to file the petition to remove conditional status during the six month period after service discharge. Exempts a U.S. citizen soldier who is married to a conditional permanent residents from having to appear at an in-person interview for their spouses' removal of conditional status. (Sec. 4) Sets forth factors to be considered in initiating removal proceedings against active duty members of the Armed Forces or veterans. (Sec. 5) Prohibits removal of an alien who is a member or veteran of the Armed Forces based upon: (1) illegal reentry; (2) expedited removal for commission of certain crimes; or (3) inspection for admissions or asylum. Exempts from specified grounds of inadmissibility or deportation an alien who is: (1) a member of the Armed Forces who has served honorably; (2) a veteran of the Armed Forces who separated under honorable conditions; (3) the spouse, child, son, daughter, parent, or minor sibling of a member of the Armed Forces. Authorizes the Secretary of Homeland Security or the Attorney General to waive other grounds (with specified exceptions) for such removal. Sets forth waiver factors. (Sec. 6) Exempts from worldwide immigrant visa numerical limitations an alien who is eligible for a family-sponsored immigrant visa and is either the spouse or child of a permanent resident alien who is serving in the Armed Forces. (Sec. 7) Directs the Secretary to adjust to permanent resident status an alien who is a parent, spouse, child, son or daughter, or minor sibling of a person who is serving or has served in the Armed Forces honorably during the period beginning February 28, 1961, and ending on a date presidentially-designated as the date of termination of the Vietnam hostilities, or thereafter during any presidentially-designated period of military hostilities. Permits posthumous benefits under specified circumstances. Waives certain grounds of inadmissibility.

To amend the Immigration and Nationality Act to protect the well-being of soldiers and their families, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trisomy 21 Research Centers of Excellence Act of 2011''. SEC. 2. NIH DOWN SYNDROME RESEARCH ACTIVITIES. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end of the title the following: ``SEC. 409K. DOWN SYNDROME RESEARCH ACTIVITIES. ``(a) Expansion, Intensification, and Coordination of Activities.-- ``(1) In general.--The Director of NIH, acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, shall expand and intensify programs of the National Institutes of Health with respect to research and related activities concerning Down syndrome. The Director of NIH shall carry out such programs in coordination with a working group composed of representatives of the relevant institutes, centers, offices, and agencies of the National Institutes of Health. ``(2) NIH research plan on down syndrome.--The Director of NIH shall publish a research plan on Down syndrome, and update it every 5 years or as appropriate. ``(b) Centers of Excellence.-- ``(1) In general.--In carrying out subsection (a)(1), the Director of NIH shall award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding translational research on Down syndrome. To the extent and in the amount of appropriations made in advance, the Director of NIH shall provide for the establishment of at least 6 such centers of excellence. ``(2) Basic, translational, and clinical research.--Each center receiving funds under paragraph (1) shall contribute to a comprehensive research portfolio for Down syndrome building upon the recommendations set forth in the NIH Research Plan on Down Syndrome published on October 8, 2007, have a primary focus on Down syndrome, provide an optimal venue and infrastructure for patient-oriented research, and conduct basic, clinical, and translational research on Down syndrome, including research on one or more of the following: ``(A) Early detection, diagnosis, and treatment of Down syndrome. ``(B) The biological mechanisms responsible for structural and functional anomalies in cells and tissues affected by Down syndrome. ``(C) The biological mechanisms responsible for cognitive and behavioral dysfunction resulting from Down syndrome. ``(D) Novel biomedical and pharmacological interventions designed to promote or enhance cognition and related brain functions and activities of daily living (ADLs). ``(E) Co-occurrence of and treatments for associated medical and neurobehavioral disorders. ``(F) Developmental disorders, interventions for congenital heart disease, obstructive sleep apnea, coronary heart disease, obesity, and metabolism. ``(G) Contributions of genetic variation to clinical presentation as targets for therapy. ``(H) Identification of biomarkers for complex phenotypes. ``(I) Noninvasive imaging in support of efforts regarding other genotype and phenotypes of Down syndrome. ``(J) Pharmacological and other therapies for common features of Down syndrome including Alzheimer's disease and other Down syndrome-related disorders. ``(K) Research related to improving the quality of life for individuals with Down syndrome and their families. ``(L) Research training programs aimed at increasing the numbers of scientists who are trained to carry out these research directions. ``(3) Services for patients.-- ``(A) In general.--A center receiving funds under paragraph (1) shall expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers receiving funds under such paragraph. ``(B) Referrals and costs.--A program under subparagraph (A) shall, in accordance with such criteria as the Director of NIH may establish, provide to the subjects described in such subparagraph referrals for health and other services and such patient care costs as are required for research. ``(C) Availability and access.--In awarding grants under this section, the Director of NIH shall require the applicant to demonstrate, and shall take into consideration, the availability of and access to health and medical services described in subparagraph (B). ``(4) Training program for clinicians and scientists.--Each center receiving funds under paragraph (1) shall establish or expand training programs for medical and allied health clinicians and scientists in research relevant to Down syndrome. ``(5) Coordination of centers; reports.--The Director of NIH shall-- ``(A) provide for the coordination of information sharing among the centers receiving funds under paragraph (1) and ensure regular communication among such centers; and ``(B) require the centers to submit periodic reports to the Director on their activities. ``(6) Organization of centers.--Each center receiving funds under paragraph (1) shall use the facilities of a single institution meeting such requirements as may be prescribed by the Director of NIH, be formed from a virtual consortium or network of such institutions, or both. ``(7) Duration of support.-- ``(A) In general.--Subject to subparagraph (B), the Director of NIH may not provide support to a center receiving funds under paragraph (1) for a period of more than 5 years. ``(B) Extension.--The period referred to in subparagraph (A) may be extended for 1 or more additional periods not exceeding 5 years if-- ``(i) the operations of the center have been reviewed by an appropriate technical and scientific peer review group established by the Director of NIH; and ``(ii) such group has recommended to the Director that such period be extended. ``(c) Down Syndrome Consortium.--In carrying out subsection (a)(1), the Director of NIH may establish a Down Syndrome Consortium to facilitate the exchange of information and to make the research effort on Down syndrome more efficient and effective by assuring consistent communication, minimizing duplication of effort, and integrating the varied perspectives of partner agencies, organizations, and individuals. ``(d) Report to Congress.--Not later than January 1, 2012, and each January 1 thereafter, the Secretary of Health and Human Services shall prepare and submit to the appropriate committees of the Congress a report concerning the implementation of this section. ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $6,000,000 for each of fiscal years 2012 through 2017.''.

Trisomy 21 Research Centers of Excellence of 2011- Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, to expand and intensify NIH programs with respect to research and related activities concerning Down syndrome. Requires the Director of NIH to publish a research plan on Down syndrome and update it every five years or as appropriate. Requires the Director of NIH to award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding translational research on Down syndrome. Sets forth requirements for such centers, which shall include: (1) contributing to a comprehensive research portfolio for Down syndrome, (2) having a primary focus on Down syndrome, (3) providing an optimal venue and infrastructure for patient-oriented research, and (4) conducting basic, clinical, and translational research on Down syndrome in specified areas. Authorizes the Director of NIH to establish a Down Syndrome Consortium to facilitate the exchange of information and to make the research effort on Down syndrome more efficient and effective.

To amend the Public Health Service Act to expand and intensify programs of the National Institutes of Health with respect to translational research and related activities concerning Down syndrome, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Election Audit Act of 2008''. SEC. 2. PAYMENTS FOR CONDUCTING MANUAL AUDITS OF RESULTS OF 2008 GENERAL ELECTIONS. (a) Payments.-- (1) Eligibility for payments.--If a State conducts manual audits of the results of any of the regularly scheduled general elections for Federal office in November 2008 (and, at the option of the State, conducts audits of elections for State and local office held at the same time as such election) in accordance with the requirements of this section, the Election Assistance Commission (hereafter in this Act referred to as the ``Commission'') shall make a payment to the State in an amount equal to the documented reasonable costs incurred by the State in conducting the audits. (2) Certification of compliance and costs.-- (A) Certification required.--In order to receive a payment under this section, a State shall submit to the Commission, in such form as the Commission may require, a statement containing-- (i) a certification that the State conducted the audits in accordance with all of the requirements of this section; (ii) a statement of the reasonable costs incurred in conducting the audits; and (iii) such other information and assurances as the Commission may require. (B) Amount of payment.--The amount of a payment made to a State under this section shall be equal to the reasonable costs incurred in conducting the audits. (C) Determination of reasonableness of costs.--The determinations under this paragraph of whether costs incurred by a State are reasonable shall be made by the Commission. (3) Timing of payments.--The Commission shall make the payment required under this section to a State not later than 30 days after receiving the statement submitted by the State under paragraph (2). (4) Mandatory immediate reimbursement of counties and other jurisdictions.--If a county or other jurisdiction responsible for the administration of an election in a State incurs costs as the result of the State conducting an audit of the election in accordance with this section, the State shall reimburse the county or jurisdiction for such costs immediately upon receiving the payment from the Commission under paragraph (3). (5) Authorization of appropriations.--There are authorized to be appropriated to the Commission such sums as may be necessary for payments under this section. Any amounts appropriated pursuant to the authorization under this subsection shall remain available until expended. (b) Audit Requirements.--In order to receive a payment under this section for conducting an audit, the State shall meet the following minimum requirements: (1) Not later than 30 days before the date of the regularly scheduled general election for Federal office in November 2008, the State shall establish and publish guidelines, standards, and procedures to be used in conducting audits in accordance with this section. (2) The State shall select an appropriate entity to oversee the administration of the audit, in accordance with such criteria as the State considers appropriate consistent with the requirements of this section, except that the entity must meet a general standard of independence as defined by the State. (3) The State shall determine whether the units in which the audit will be conducted will be precincts or some alternative auditing unit, and shall apply that determination in a uniform manner for all audits conducted in accordance with this section. (4) The State shall select the precincts or alternative auditing units in which audits are conducted in accordance with this section in a random manner following the election after the final unofficial vote count (as defined by the State) has been announced, such that each precinct or alternative auditing unit in which the election was held has an equal chance of being selected, subject to paragraph (9), except that the State shall ensure that at least one precinct or alternative auditing unit is selected in each county in which the election is held. (5) The audit shall be conducted in not less than 2 percent of the precincts or alternative auditing units in the State (in the case of a general election for the office of Senator) or the Congressional district involved (in the case of an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress). (6) The State shall determine the stage of the tabulation process at which the audit will be conducted, and shall apply that determination in a uniform manner for all audits conducted in accordance with this section, except that the audit shall commence within 48 hours after the State or jurisdiction involved announces the final unofficial vote count (as defined by the State) in each precinct in which votes are cast in the election which is the subject of the audit. (7) With respect to each precinct or alternative audit unit audited, the State shall ensure that a voter verified paper ballot or paper ballot printout verifiable by the voter at the time the vote is cast is available for every vote cast in the precinct or alternative audit unit, and that the tally produced by counting all of those paper ballots or paper ballot printouts by hand is compared with the corresponding final unofficial vote count (as defined by the State) announced with respect to that precinct or audit unit in the election. (8) Within each precinct or alternative audit unit, the audit shall include all ballots cast by all individuals who voted in or who are under the jurisdiction of the precinct or alternative audit unit with respect to the election, including absentee ballots (subject to paragraph (9)), early ballots, emergency ballots, and provisional ballots, without regard to the time, place, or manner in which the ballots were cast. (9) If a State establishes a separate precinct for purposes of counting the absentee ballots cast in the election and treats all absentee ballots as having been cast in that precinct, and if the state does not make absentee ballots sortable by precinct and include those ballots in the hand count, the State may divide absentee ballots into audit units approximately equal in size to the average precinct in the State in terms of the number of ballots cast, and shall randomly select and include at least 2 percent of those audit units in the audit. Any audit carried out with respect to such an audit unit shall meet the completeness requirement and the other standards set forth under paragraph (7) and applicable to audits carried out with respect to other precincts and alternative audit units, including the requirement that all paper ballots be counted by hand. (10) The audit shall be conducted in a public and transparent manner, such that members of the public are able to observe the entire process. (c) Collection and Submission of Audit Results; Publication.-- (1) State submission of report.--In order to receive a payment under this section, a State shall submit to the Commission a report, in such form as the Commission may require, on the results of each audit conducted under this section. (2) Commission action.--The Commission may request additional information from a State based on the report submitted under paragraph (1). (3) Publication.--The Commission shall publish each report submitted under paragraph (1) upon receipt. (d) Delay in Certification of Results by State.--No State may certify the results of any election which is subject to an audit under this section prior to completing the audit, resolving discrepancies discovered in the audit, and submitting the report required under subsection (c). (e) State Defined.--In this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands.

Emergency Election Audit Act of 2008 - Requires the Election Assistance Commission to reimburse states for the reasonable costs incurred in conducting manual audits, meeting specified requirements, of the results of the general elections for federal office to be held in November 2008. Requires such payments also if, at the state's option, the state conducts audits of elections for state and local office held at the same time as the general election.

To direct the Election Assistance Commission to reimburse jurisdictions for the costs incurred in conducting manual audits of the results of the general elections for Federal office to be held in November 2008.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surface Transportation Extension Act of 2009''. SEC. 2. FEDERAL-AID HIGHWAYS. (a) In General.--Except as provided in this Act, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under titles I, V, and VI of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), and title 23, United States Code, which would otherwise expire on or cease to apply after September 30, 2009, are incorporated by reference and shall continue in effect until March 31, 2011. (b) Authorization of Appropriations.--Except as provided in section 3, there are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account)-- (1) for fiscal year 2010, a sum equal to the total amount authorized to be appropriated for programs, projects, and activities for fiscal year 2009 under titles I, V, and VI of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1144), and title 23, United States Code; and (2) for the period beginning on October 1, 2010, and ending on March 31, 2011, a sum equal to \1/2\ of the total amount authorized for programs, projects, and activities for fiscal year 2009 under titles I, V, and VI of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1144), and title 23, United States Code. (c) Use of Funds.-- (1) Fiscal year 2010.--Except as otherwise expressly provided in this Act, funds authorized to be appropriated under subsection (b)(1) for fiscal year 2010 shall be distributed, administered, limited, and made available for obligation in the same manner and at the same level as funds authorized to be appropriated for fiscal year 2009 to carry out programs, projects, activities, eligibilities, and requirements under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), and title 23, United States Code. (2) Fiscal year 2011.--Except as otherwise expressly provided in this Act, funds authorized to be appropriated under subsection (b)(2) for the period beginning on October 1, 2010, and ending on March 31, 2011, shall be distributed, administered, limited, and made available for obligation in the same manner and at the same level as \1/2\ of the total amount of funds authorized to be appropriated for fiscal year 2009 to carry out programs, projects, activities, eligibilities, and requirements under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), and title 23, United States Code. (3) Calculation.--The amounts authorized to be appropriated under subsection (b) shall be calculated without regard to any rescission or cancellation of funds or contract authority for fiscal year 2009 under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1144) or any other law. (4) Contract authority.-- (A) In general.--Except as provided in subparagraph (B), funds authorized to be appropriated under this section shall be-- (i) available for obligation, and shall be administered, in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; and (ii) subject to a limitation on obligations for Federal-aid highways and highway safety construction programs described in paragraph (5). (B) Exceptions.--A limitation on obligations described in subparagraph (A)(ii) shall not apply to any obligation under-- (i) section 125 of title 23, United States Code; or (ii) section 105 of title 23, United States Code-- (I) for fiscal year 2010, only in an amount equal to $639,000,000; and (II) for the period beginning on October 1, 2010, and ending on March 31, 2011, only in an amount equal to $319,500,000. (5) Limitation on obligations.--Notwithstanding any other provision of law-- (A) for fiscal year 2010, funds authorized to be appropriated under subsection (b) or this subsection shall be subject to the limitation on obligations for fiscal year 2009 under section 1102 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1157); and (B) for the period beginning on October 1, 2010, and ending on March 31, 2011, funds authorized to be appropriated under subsection (b) or this subsection shall be subject to a limitation on obligations equal to \1/2\ of the limitation on obligations for fiscal year 2009 under section 1102 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1157). (d) Extension and Flexibility for Certain Allocated Programs.-- (1) Fiscal year 2010.--Notwithstanding any other provision of law, for fiscal year 2010, the portion of the share of funds of a State under subsection (b)(1) determined by the amount that the State received for fiscal year 2009 to carry out sections 1301, 1302, 1307, 1702, and 1934 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1198, 1204, 1217, 1256, and 1485), and section 144(f)(1) of title 23, United States Code, shall be-- (A) made available to the State for programs apportioned under sections 104(b) and 144 of title 23, United States Code, and in the same proportion for each such program that-- (i) the amount apportioned to the State for that program for fiscal year 2009; bears to (ii) the amount apportioned to the State for fiscal year 2009 for all programs apportioned under such sections of such Code; and (B) administered in the same manner and with the same period of availability as such funding is administered under such sections. (2) Fiscal year 2011.--Notwithstanding any other provision of law, for the period beginning on October 1, 2010, and ending on March 31, 2011, the portion of the share of funds of a State under subsection (b)(2) determined by \1/2\ of the amount that the State received for fiscal year 2009 to carry out sections 1301, 1302, 1307, 1702, and 1934 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1198, 1204, 1217, 1256, and 1485) and section 144(f)(1) of title 23, United States Code, shall be-- (A) made available to the State for programs apportioned under sections 104(b) and 144 of title 23, United States Code, and in the same proportion for each such program that-- (i) the amount apportioned to the State for that program for fiscal year 2009; bears to (ii) the amount apportioned to the State for fiscal year 2009 for all programs apportioned under such sections of such Code; and (B) administered in the same manner and with the same period of availability as such funding is administered under such sections. (3) Additional funds.-- (A) In general.--No additional funds shall be provided for any project or activity under subsection (c), or paragraph (1) or (2) of this subsection, that the Secretary of Transportation determines was sufficiently funded before or during fiscal year 2009 to achieve the authorized purpose of the project or activity. (B) Reservation and redistribution of funds.--Funds made available in accordance with paragraph (1) or (2) of subsection (c) or paragraph (1) or (2) of this subsection for a project or activity described in subparagraph (A) shall be-- (i) reserved by the Secretary of Transportation; and (ii) redistributed to each State in accordance with paragraph (1) or (2) of subsection (c), or paragraph (1) or (2) of this subsection, as appropriate, for use in carrying out other highway projects and activities extended by subsection (c) or this subsection, in the proportion that-- (I) the total amount of funds made available for fiscal year 2009 for projects and activities described in subparagraph (A) in the State; bears to (II) the total amount of funds made available for fiscal year 2009 for those projects and activities in all States. (e) Extension of Authorizations Under Title V of SAFETEA-LU.-- (1) In general.--The programs authorized under paragraphs (1) through (5) of section 5101(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1779) shall be continued-- (A) for fiscal year 2010, at the funding levels authorized for those programs for fiscal year 2009; and (B) for the period beginning on October 1, 2010, and ending on March 31, 2011, at \1/2\ the levels authorized for those programs for fiscal year 2009. (2) Distribution of funds.--Funds for programs continued under paragraph (1) shall be distributed to major program areas under those programs in the same proportions as funds were allocated for those program areas for fiscal year 2009, except that designations for specific activities shall not be required to be continued for-- (A) fiscal year 2010; or (B) the period beginning on October 1, 2010, and ending on March 31, 2011. (3) Additional funds.-- (A) In general.--No additional funds shall be provided for any project or activity under this subsection that the Secretary of Transportation determines was sufficiently funded before or during fiscal year 2009 to achieve the authorized purpose of the project or activity. (B) Distribution.--Funds that would have been made available under paragraph (1) for a project or activity but for the prohibition under subparagraph (A) shall be distributed in accordance with paragraph (2). (4) Limitation on obligations.--Notwithstanding any other provision of law-- (A) for fiscal year 2010, funds authorized to be appropriated under this subsection shall be subject to the limitation on obligations for fiscal year 2009 under section 5102 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1780); and (B) for the period beginning on October 1, 2010, and ending on March 31, 2011, funds authorized to be appropriated under this subsection shall be subject to a limitation on obligations equal to \1/2\ of the limitation on obligations for fiscal year 2009 under section 5102 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1780). SEC. 3. ADMINISTRATIVE EXPENSES. (a) Authorization of Contract Authority.--Notwithstanding any other provision of this Act or any other law, there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account), from amounts provided under section 2, for administrative expenses of the Federal-aid highway program-- (1) $422,425,000 for fiscal year 2010; and (2) $217,023,500 for the period beginning on October 1, 2010, and ending on March 31, 2011. (b) Contract Authority.--Funds authorized to be appropriated by this section shall be-- (1) available for obligation, and shall be administered, in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; and (2) subject to a limitation on obligations for Federal-aid highways and highway safety construction programs, except that such funds shall remain available until expended.

Surface Transportation Extension Act of 2009 - Authorizes appropriations out of the Highway Trust Fund (HTF) (other than the Mass Transit Account) for the federal-aid highway, surface transportation research, and transportation planning programs under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) for: (1) FY2010, with a limit on obligational authority for the programs equal to the total authorized for such programs for FY2009; and (2) the period from October 1, 2010, through March 31, 2011, with a limit on obligational authority for the programs equal to one-half of the total amount authorized for such programs for 2009. Sets forth certain exceptions to such limits. Requires authorizations of appropriations for FY2010 and the period from October 1, 2010, through March 31, 2011, to be allocated to a state for certain federal-aid highway programs in the same proportion as the amount apportioned to the state for that program for FY2009 bears to amounts apportioned to the state for FY2009 for all programs. Authorizes appropriations out of the HTF (other than the Mass Transit Account) for administrative expenses of the federal-aid highway program for FY2010 and the period from October 1, 2010, through March 31, 2011.

An original bill to provide an extension of highway programs authorized under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Lands Transportation Improvement Act''. SEC. 2. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM. (a) In General.--Chapter 2 of title 23, United States Code, is amended by inserting after section 205 the following: ``SEC. 206. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM. ``(a) Findings and Purpose.-- ``(1) Findings.--Congress finds that public roads owned by States-- ``(A) can provide valuable assistance to the Federal Government in ensuring adequate and safe transportation to, in, and across federally owned land and Indian reservations; and ``(B) supplement the efforts of the Federal Government in developing and maintaining roads to serve federally owned land and Indian reservations. ``(2) Purpose.--The purpose of this section is to further the Federal interest in State-owned or State-maintained roads that provide transportation to, in, or across federally owned land or Indian reservations by establishing the Cooperative Federal Lands Transportation Program. ``(b) Program.--There is established the Cooperative Federal Lands Transportation Program (referred to in this section as the `program'). Funds available for the program may be used for projects, or portions of projects, on State-owned or State-maintained highways that cross, are adjacent to, or lead to federally owned land or Indian reservations, as determined by the State. Such projects shall be proposed by a State and selected by the Secretary. A project proposed by a State under this section shall be on a highway owned or maintained by the State and may be a highway construction or maintenance project eligible under this title or any project of a type described in section 204(h). ``(c) Distribution of Funds for Projects.-- ``(1) In general.-- ``(A) In general.--The Secretary-- ``(i) after consultation with the Administrator of General Services, the Secretary of the Interior, and the heads of other agencies as appropriate, shall determine the percentage of the total land in each State that is owned by the Federal Government or that is held by the Federal Government in trust; ``(ii) shall determine the sum of the percentages determined under clause (i) for States with respect to which the percentage is 4.5 or greater; and ``(iii) shall determine for each State included in the determination under clause (ii) the percentage obtained by dividing-- ``(I) the percentage for the State determined under clause (i); by ``(II) the sum determined under clause (ii). ``(B) Adjustment.--The Secretary shall-- ``(i) reduce any percentage determined under subparagraph (A)(iii) that is greater than 7.5 percent to 7.5 percent; and ``(ii) redistribute the percentage points equal to any reduction under clause (i) among other States included in the determination under subparagraph (A)(ii) in proportion to the percentages for those States determined under subparagraph (A)(iii). ``(2) Availability to states.--Except as provided in paragraph (3), for each fiscal year, the Secretary shall make funds available to carry out eligible projects in a State in an amount equal to the amount obtained by multiplying-- ``(A) the percentage for the State, if any, determined under paragraph (1); by ``(B) the funds made available for the program for the fiscal year. ``(3) Selection of projects.--The Secretary may establish deadlines for States to submit proposed projects for funding under this section, except that in the case of fiscal year 1998 the deadline may not be earlier than January 1, 1998. For each fiscal year, if a State does not have pending, by that deadline, applications for projects with an estimated cost equal to at least 3 times the amount for the State determined under paragraph (2), the Secretary may distribute, to 1 or more other States, at the Secretary's discretion, \1/3\ of the amount by which the estimated cost of the State's applications is less than 3 times the amount for the State determined under paragraph (2). ``(d) Transfers.-- ``(1) In general.--Notwithstanding any other provision of law, a State and the Secretary may agree to transfer amounts made available to a State under this section for use in carrying out projects on any Federal lands highway that is located in the State. ``(2) Special rule.--This paragraph applies to a State that contains a national park that was visited by more than 2,500,000 people in 1996 and comprises more than 3,000 square miles of land area, including surface water, that is located in the State. For such a State, 50 percent of the amount that would otherwise be made available to the State for each fiscal year under the program shall be made available only for eligible highway uses in the national park and within the borders of the State. For the purpose of making allocations under section 202(c), the Secretary may not take into account the past or future availability, for use on park roads and parkways in a national park, of funds made available for use in a national park by this paragraph.''. (b) Definition of Federal Lands Highway Investment.--Section 101(a) of title 23, United States Code, is amended-- (1) by adding at the end the following: ``The term `Federal lands highway investment' means funds authorized for the Federal lands highways program or the Cooperative Federal Lands Transportation Program under chapter 2.''; and (2) by reordering the undesignated paragraphs so that they are in alphabetical order. (c) Conforming Amendment.--The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 205 the following: ``206. Cooperative Federal Lands Transportation Program.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account), for the Cooperative Federal Lands Transportation Program under section 206 of title 23, United States Code, $200,000,000 for each of the fiscal years 1998 through 2002.

Federal Lands Transportation Improvement Act - Establishes the Cooperative Federal Lands Transportation Program to provide funds for projects on State-owned or maintained highways that cross, are adjacent to, or lead to federally owned land or Indian reservations. Outlines provisions concerning: (1) project funds distribution; and (2) the transfer of project funds to a State to carry out projects on Federal lands highways within such State. Authorizes appropriations.

Federal Lands Transportation Improvement Act

SEC. 1. SHORT TITLE. This Act may be cited as the ``National Park Anniversaries-Great American Spaces Commemorative Coin Act''. SEC. 2. SEC. 2. FINDINGS. The Congress finds the following: (1) The National Park Foundation is the congressionally- chartered nonprofit partner of America's National Parks. (2) The mission of the National Park Foundation is to strengthen the enduring connection between the American people and their National Parks by raising private funds, making strategic grants, creating innovative partnerships and increasing public awareness of National Parks. (3) The parks represented in this program represent some of the most beloved and treasured National Parks in America. (4) The National Park Service was established in 1916, to preserve and protect great scenic parks such as Grand Canyon and Yosemite, while also managing battlefields such as Gettysburg and historical sites such as the Lincoln Memorial. (5) Theodore Roosevelt said that nothing short of defending this country in wartime ``compares in importance with the great task of leaving this land even a better land for our descendants than it is for us''. (6) Parks established under the presidency of Theodore Roosevelt, such as Grand Canyon and Devil's Tower, are the embodiment of that ideal. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins for National Parks Observing Historic Anniversaries of Their Founding.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 300,000 $1 coins for each of the National Parks specified in section 4(d), 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 section 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 developed in consultation with the National Park Foundation, and shall be emblematic of the National Park being commemorated on each coin. (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 in which the coin is minted; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the National Parks Foundation; and (2) reviewed by the Citizens Advisory Committee established under section 5135 of title 31, United States Code. (c) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (d) National Parks to Be Commemorated.--The National Parks to be commemorated, the year of commemoration, and the anniversary to be observed are as follows: National Park or Park Year of Issuance Service Anniversary 2007............................. Devils Tower National 100th Monument. 2008............................. Grand Canyon National 100th Park. 2010............................. Glacier National Park 100th 2011............................. Lincoln Memorial..... 100th 2014............................. Yosemite National 150th Park. 2015............................. Rocky Mountain 100th National Park. 2016............................. National Park Service 100th 2017............................. Denali National Park. 100th 2018............................. Acadia National Park. 100th 2019............................. Zion National Park... 100th 2020............................. Gettysburg National 125th Military Park. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1 of the year of issuance, as specified in section 4(d), except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31 of the year of issuance specified in section 4(d). SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Sales of Single Coins and Sets of Coins.--Coins of each design specified under section 4 may be sold separately or as a set containing other coins authorized by this Act. SEC. 7. SURCHARGES. (a) Surcharge Required.--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 which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Park Foundation for use as follows: (1) 50 percent of the surcharges received shall be used by the National Park Foundation in support of all National Parks. (2) 50 percent of the surcharges received shall be used by the National Park Foundation for the benefit of the National Parks designated in section 4(d) (in addition to any amount allocable to any such Park from expenditures of amounts under paragraph (1). (c) Audits.--The National Park Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. SEC. 8. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received_ (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

National Parks Anniversaries-Great American Spaces Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue silver coins emblematic of certain National Parks that are observing historic anniversaries of their founding.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the founding of America's National Parks, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Louisiana Rice Economic Relief Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) The rice industry in the State of Louisiana contributes significantly to the economy of that State and the United States, with an estimated annual value of approximately $250,000,000 and an estimated average annual economic benefit of approximately $1,000,000,000. (2) For the 2002 crop of rice, rice producers in the State of Louisiana suffered from the lowest rice prices in more than 50 years. (3) Since most of the 2002 crop of rice in the State of Louisiana was sold during the harvest season, the market- derived income of producers from the sale of rice fell to record low levels. (4) The historically-low income of producers from the sale of rice in the State of Louisiana, even when combined with Federal income support, still is devastating to-- (A) rice producers in the State; (B) the rice industry infrastructure of the State; (C) businesses that serve and depend on the rice industry; and (D) communities in which rice producers and their families reside and in which the rice industry operates. (5) Because of the significant reduction in total income and the current costs of production, many rice producers of the State of Louisiana will not cover the total expenses they incurred to produce and harvest the 2002 crop. (6) The historically-low prices of the 2002 crop of rice in the State of Louisiana have contributed to a combined market price and Federal support income level that is approximately $2.42 per hundredweight less than the average combined market price and Federal support income levels during the 1998 through 2001 period, which is approximately 22 percent below the average income level for the State for the same time period. (7) Due to the historically-low rice prices and reduced income, rice producers in the State of Louisiana and their families are faced with dire economic circumstances that are crippling them and the communities in which they live and work. SEC. 3. ECONOMIC DISASTER ASSISTANCE FOR LOUISIANA RICE PRODUCERS. (a) In General.--The Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make payments, as soon as practicable after the date of enactment of this Act, to producers of the 2002 crop of rice on farms located in the State of Louisiana, to assist producers as a result of the disastrous economic conditions occurring with the 2002 crop of rice. (b) Amount.--The amount of a payment made to producers on a farm under this section shall be equal to the product obtained by multiplying-- (1) the actual quantity of rice produced by the producers on the farm during the 2002 crop year; and (2) a payment rate of $2.42 per hundredweight. (c) Payment Limitation.-- (1) In general.--The total amount of payments that a person shall be entitled to receive under this section may not exceed $40,000. (2) Regulations.--The Secretary shall promulgate regulations defining the term ``person'' for the purposes of paragraph (1), which shall conform, to the maximum extent practicable, to the regulations defining the term ``person'' promulgated under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). The Secretary also shall promulgate such additional regulations as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under such paragraph. (d) Information.--In carrying out this section, the Secretary shall, to the maximum extent practicable-- (1) use information that the Secretary has obtained from administering other provisions of law; and (2) minimize any additional information or requirements that are imposed on eligible producers. (e) Administrative Offset.--Payments under this section shall not be subject to administrative offset, including administrative offset under chapter 37 of title 31, United States Code, or the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.). SEC. 4. COMMODITY CREDIT CORPORATION. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act. SEC. 5. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 6. EMERGENCY DESIGNATION. (a) In General.--The entire amount made available under this Act shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). (b) Designation.--The entire amount made available under this section is designated by Congress as an emergency requirement under sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 902(e)).

Louisiana Rice Economic Relief Act of 2003 - Directs the Secretary of Agriculture to provide economic disaster assistance ($40,000 maximum per person) to producers of the 2002 rice crop in Louisiana.

To provide economic disaster assistance to producers of the 2002 crop of rice in the State of Louisiana.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Russian River Land Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Certain lands adjacent to the Russian River in the area of its confluence with the Kenai River contain abundant archaeological resources of significance to the Native people of the Cook Inlet Region, the Kenaitze Indian Tribe, and the citizens of the United States. (2) Those lands at the confluence of the Russian River and Kenai River contain abundant fisheries resources of great significance to the citizens of Alaska. (3) Cook Inlet Region, Inc., an Alaska Native Regional Corporation formed under the provisions of the Alaska Native Claims Settlement Act of 1971 (43 U.S.C. 1601 et seq.) (hereinafter in this Act referred to as ``ANCSA''), has selected lands in the area pursuant to section 14(h)(1) of such Act (43 U.S.C. 1613(h)(1)), for their values as historic and cemetery sites. (4) The United States Bureau of Land Management, the Federal agency responsible for the adjudication of ANCSA selections has not finished adjudicating Cook Inlet Region, Inc.'s selections under section 14(h)(1) of that Act as of the date of the enactment of this Act. (5) The Bureau of Indian Affairs has certified a portion of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA as containing prehistoric and historic cultural artifacts, and meeting the requirements of section 14(h)(1) of that Act. (6) A portion of the selections under section 14(h)(1) of ANCSA made by Cook Inlet Region, Inc., and certified by the Bureau of Indian Affairs lies within the Chugach National Forest over which the United States Forest Service is the agency currently responsible for the administration of public activities, archaeological features, and natural resources. (7) A portion of the selections under section 14(h)(1) of ANCSA and the lands certified by the Bureau of Indian Affairs lies within the Kenai National Wildlife Refuge over which the United States Fish and Wildlife Service is the land managing agency currently responsible for the administration of public activities, archaeological features, and natural resources. (8) The area addressed by this Act lies within the Sqilantnu Archaeological District which was determined eligible for the National Register of Historic Places on December 31, 1981. (9) Both the Forest Service and the Fish and Wildlife Service dispute the validity and timeliness of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA. (10) The Forest Service, Fish and Wildlife Service, and Cook Inlet Region, Inc., determined that it was in the interest of the United States and Cook Inlet Region, Inc., to-- (A) protect and preserve the outstanding historic, cultural, and natural resources of the area; (B) resolve their disputes concerning the validity of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA without litigation; and (C) provide for the management of public use of the area and protection of the cultural resources within the Sqilantnu Archaeological District, particularly the management of the area at the confluence of the Russian and Kenai Rivers. (11) Legislation is required to enact the resolution reached by the Forest Service, the Fish and Wildlife Service, and Cook Inlet Region, Inc. (b) Purpose.--It is the purpose of this Act to ratify an agreement between the Department of Agriculture, the Department of the Interior, and Cook Inlet Region, Inc. SEC. 3. RATIFICATION OF AGREEMENT BETWEEN THE UNITED STATES FOREST SERVICE, UNITED STATES FISH AND WILDLIFE SERVICE, AND COOK INLET REGION, INC. (a) Ratification of Agreement.-- (1) In general.--The terms, conditions, covenants, and procedures set forth in the document entitled ``Russian River Section 14(h)(1) Selection Agreement'', which was executed by Cook Inlet Region, Inc., the United States Department of Agriculture, and the United States Department of the Interior on July 26, 2001, (hereinafter in this Act referred to as the ``Agreement''), are hereby incorporated in this section, and are ratified, as to the duties and obligations of the United States and the Cook Inlet Region, Inc., as a matter of Federal law. (2) Section 5.--The ratification of section 5 of the Agreement is subject to the following conditions: (A) The Fish and Wildlife Service shall consult with interested parties when developing an exchange under section 5 of the Agreement. (B) The Secretary of the Interior shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a copy of the agreement implementing any exchange under section 5 of the Agreement not less than 30 days before the exchange becomes effective. (3) Agreement controls.--In the event any of the terms of the Agreement conflict with any other provision of law, the terms of the Agreement shall be controlling. (b) Authorization of Actions.--The Secretaries of Agriculture and the Interior are authorized to take all actions required under the terms of the Agreement. SEC. 4. AUTHORIZATION OF APPROPRIATION. (a) In General.--There is authorized to be appropriated to the Department of Agriculture, Office of State and Private Forestry, $13,800,000, to remain available until expended, for Cook Inlet Region, Inc., for the following: (1) Costs for the planning and design of the Joint Visitor's Interpretive Center. (2) Planning and design of the Sqilantnu Archaeological Research Center. (3) Construction of these facilities to be established in accordance with and for the purposes set forth in the Agreement. (b) Limitation on Use of Funds.--Of the amount appropriated under this section, not more than 1 percent may be used to reimburse the Forest Service, the Fish and Wildlife Service, and the Kenaitze Indian Tribe for the costs they incur in assisting Cook Inlet Region, Inc. in the planning and design of the Joint Visitor's Interpretive Center and the Sqilantnu Archaeological Research Center. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Russian River Land Act - Ratifies the terms, conditions, covenants, and procedures set forth in the Russian River Section 14(h)(1) Selection Agreement (the "Agreement") between Cook Inlet Region, Inc. (the Corporation), and the Departments of Agriculture and the Interior.Subjects the ratification of section five of the Agreement to the following conditions: (1) the Fish and Wildlife Service shall consult with interested parties when developing an exchange under such section; and (2) the Secretary of the Interior shall submit to Congress copies of the agreement implementing any exchange under such section at least 30 days before the exchange becomes effective.Declares that if any terms of the Agreement conflict with any other provision of law, the Agreement's terms shall take precedence, and authorizes the Secretaries of Agriculture and the Interior to take all actions required under the terms of the Agreement.(Sec. 4) Authorizes appropriations to the Department of Agriculture, Office of State and Private Forestry, for the Corporation for: (1) costs for the planning and design of the Joint Visitor's Interpretive Center; (2) planning and design of the Sqilantnu Archeological Research Center; and (3) construction of these facilities.Limits to one percent of appropriated funds the amount that may be used to reimburse the Forest Service, the Fish and Wildlife Service, and the Kenaitze Indian Tribe for the costs they incur in assisting the Corporation to plan and design the Visitor's Center and the Archaeological Center.

To resolve the claims of Cook Inlet Region, Inc., to lands adjacent to the Russian River in the State of Alaska.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Credit Liquidity Act of 2003''. SEC. 2. PILOT PROGRAM FOR GUARANTEES ON POOLS OF NON-SBA LOANS. Title IV of the Small Business Investment Act of 1958 (15 U.S.C. 692 et seq.) is amended by adding at the end the following: ``Part C--Credit Enhancement Guarantees ``Sec. 420. (a)(1) The Administration is authorized, upon such terms and conditions as it may prescribe, in order to encourage lenders to increase the availability of small business financing by improving such lenders' access to reasonable sources of funding, to provide a credit enhancement guarantee, or commitment to guarantee, of the timely payment of a portion of the principal and interest on securities issued and managed by not less than 2 qualified entities authorized and approved by the Administration. ``(2) The entities authorized under this subsection to act as issuers and managers of pools or trusts of loans shall be well- capitalized, as defined by the Administration, and shall maintain sufficient reserves to allow securities to be issued representing interests in each pool or trust that are rated as investment grade by a nationally-recognized rating agency. ``(3) The authority of the entities authorized under this subsection shall be reviewed annually by the Administration and may be renewed upon the satisfactory completion of such review. ``(4) The Administration shall set and maintain standards for entities authorized under this subsection, including standards relating to delinquency, default, liquidation, and loss rates. ``(5) If an entity authorized under this subsection fails to meet the standards set pursuant to paragraph (4), the Administration may terminate the entity's participation in the pilot program under this subsection. ``(b)(1)(A) The Administration may provide its credit enhancement guarantees in respect of securities that represent interests in, or other obligations issued by, a trust, pool, or other entity whose assets (other than the Administration's credit enhancement guarantee and credit enhancements provided by other parties) consist of loans made to small business concerns. ``(B) As used in this paragraph, the term `small business concern' has the meaning given that term in either the Small Business Act (15 U.S.C. 631 et seq.) or this Act (15 U.S.C. 661 et seq.). ``(2) The credit enhancement guarantees provided by the Administration under paragraph (1) shall be second-loss guarantees that are only available after the full payment of credit enhancement guarantees offered by the entities authorized to act as issuers and managers of pools or trusts of loans under this section. ``(3) A pool or trust of loans shall not be eligible for guarantees under this section-- ``(A) if the value of such loans exceeds $350,000,000 in fiscal year 2004; ``(B) if the value of such loans exceeds $400,000,000 in fiscal year 2005; or ``(C) if the value of such loans exceeds $450,000,000 in fiscal year 2006. ``(4) All loans under paragraph (1) shall be originated, purchased, or assembled and managed consistent with requirements prescribed by the Administration in connection with this credit enhancement guarantee program. ``(5) The Administration shall prescribe requirements to be observed by the issuers and managers of the securities covered by credit enhancement guarantees to ensure the safety and soundness of the credit enhancement guarantee program. ``(c) The full faith and credit of the United States is pledged to the payment of all amounts the Administration may be required to pay as a result of credit enhancement guarantees under this section. ``(d)(1) The Administration may issue credit enhancement guarantees in an amount-- ``(A) not to exceed $2,100,000,000 in fiscal year 2004; ``(B) not to exceed $3,250,000,000 in fiscal year 2005; and ``(C) not to exceed $4,500,000,000 in fiscal year 2006. ``(2) The Administration shall set the percentage and priority of each credit enhancement guarantee on issued securities at a level not to exceed 25 percent of the value of the securities so that the amount of the Administration's anticipated net loss (if any) as a result of such guarantee is fully reserved in a credit subsidy account funded wholly by fees collected by the Administration from the issuers or managers of the pool or trust. ``(3) The Administration shall charge and collect a fee from the issuer based on the Administration's guaranteed amount of issued securities, and the amount of such fee shall equal the estimated credit subsidy cost of the Administration's credit enhancement guarantee. ``(4) The fees provided for under this subsection shall be adjusted annually, as necessary, by the Administration. ``(5) The Federal government shall not appropriate any funds to finance credit enhancement guarantees under this section. ``(e) Report and Analysis.-- ``(1) Report.-- ``(A) In general.--During the development and implementation of the pilot program, the Administrator shall submit a report on the status of the pilot program under this section to Congress in each annual budget request and performance plan. ``(B) Contents.--The report submitted under subparagraph (A) shall include, among other items, information about the loans in the pools or trusts, including delinquency, default, loss, and recovery rates. ``(2) Analysis and report.--Not later than December 30, 2005, the Comptroller General shall-- ``(A) conduct an analysis of the pilot program under this section; and ``(B) submit a report to Congress that contains a summary of the analysis conducted under subparagraph (A) and a description of any effects, not attributable to other causes, of the pilot program on the lending programs under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and title V of this Act. ``(3) Implementation.-- ``(A) Report.--After completing operational guidelines to carry out the pilot program under this section, the Administration shall submit a report, which describes the method in which the pilot program will be implemented, to-- ``(i) the Committee on Small Business and Entrepreneurship of the Senate; and ``(ii) the Committee on Small Business of the House of Representatives. ``(B) Timing.--The Administration shall not implement the pilot program under this section until the date that is 50 days after the report has been submitted under subparagraph (A). ``(f) Sunset Provision.--This section shall remain in effect until September 30, 2006.''.

Small Business Credit Liquidity Act of 2003 - Amends the Small Business Investment Act of 1958 to authorize the Small Business Administration (SBA), in order to encourage lenders to increase the availability of small business financing by improving lender access to reasonable funding sources, to provide a credit enhancement guarantee of, or a commitment to guarantee, a portion of the principal and interest on securities issued and managed by not less than two qualified entities authorized and approved by the SBA. Requires the SBA to set and maintain standards for qualified entities, including standards relating to delinquency, default, liquidation, and loss rates. Makes the SBA's credit enhancement guarantees second-loss guarantees, available only after the full payment of guarantees offered by the qualified entities authorized to act as issuers and managers of pools or trusts of loans. Provides loan pool or trust requirements and credit enhancement limits for FY 2004 through 2006. Directs the SBA to charge and collect a fee from issuers based on the SBA's guaranteed amount of issued securities.

A bill to amend title IV of the Small Business Investment Act of 1958, relating to a pilot program for credit enhancement guarantees on pools of non-SBA loans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Investment for Next- Generation Technologies Act'' or the ``WING Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Science- and technology-based industries have been and will continue to be engines of United States economic growth and national security. (2) The United States faces great challenges in the global economy from nations with highly trained technical workforces. (3) Occupations requiring technical and scientific training are projected to grow rapidly over the next decade, at 3 times the rate of all occupations (according to Science & Engineering Indicators, 2002). (4) The need for trained technology workers in national security fields has increased as a result of the events of September 11, 2001. (5) National certification systems are well established and accepted in fields such as health and information technology and have succeeded in attracting more workers into those fields. (6) Business and workers could both be well served by expanding the certification concept to other high technology industries. (7) National certification systems allow workers to develop skills transportable to other States in response to layoffs and other economic changes. (8) National certification systems facilitate interstate comparisons of education and training programs and help identify best practices and reduce cost and development redundancies. (9) National certification systems promote quality and encourage educational institutions to modernize programs to ensure graduates pass industry-required exams. (10) National certification based on industry-validated skill standards introduces stricter accountability for technical and vocational education programs. (11) Certification signals value to employers and increases applicants' employability. (12) Certification offers a planned skill development route into employment or professional advancement for working adults and displaced workers. (13) The National Science Foundation's Advanced Technological Education Program, authorized by Congress in 1992, has created national centers of excellence at community colleges that have established unique linkages with industry to prepare individuals for the technical workforce under the program. (14) The Advanced Technological Education Program should be expanded to all institutions of higher education, as the Nation should invest more resources in training and education programs that are responsive to marketplace needs. (15) The one-stop delivery systems authorized under the Workforce Investment Act of 1998 have proved to be effective providers of information and resources for job seekers. (16) The one-stop delivery systems offer special opportunities for directing displaced workers to certification programs that build skills for technical fields where rewarding jobs are plentiful. SEC. 3. PURPOSES. The purposes of this Act are as follows: (1) To increase the numbers of workers educated for employment in high technology industries. (2) To align the technical and vocational programs of educational institutions with the workforce needs of high- growth, next generation industries. (3) To offer individuals expanded opportunities for rapid training and retraining in portable skills needed to keep and change jobs in a volatile economy. (4) To provide United States businesses with adequate numbers of skilled technical workers. (5) To encourage a student's or worker's progress toward an advanced degree while providing training, education, and useful credentials for workforce entry or reentry. SEC. 4. SKILL CERTIFICATION PILOT PROJECTS. Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 2916) is amended by adding at the end the following: ``(e) Skill Certification Pilot Projects.-- ``(1) Pilot projects.--In accordance with subsection (b), the Secretary of Labor shall establish and carry out not more than 20 pilot projects to establish a system of industry- validated national certifications of skills, including-- ``(A) not more than 16 national certifications of skills in high-technology industries, including biotechnology, telecommunications, highly automated manufacturing (including semiconductors), advanced materials technology, nanotechnology, and energy technology (including technology relating to next- generation lighting); and ``(B) not more than 4 cross-disciplinary national certifications of skills in homeland security technology. ``(2) Grants to eligible entities.--In carrying out the pilot projects, the Secretary of Labor shall make grants to eligible entities, for periods of not less than 36 months and not more than 48 months, to carry out the authorized activities described in paragraph (7) with respect to the certifications described in paragraph (1). ``(3) Eligible entities.-- ``(A) Definition of eligible entity.--In this subsection, the term `eligible entity' means an entity that shall include as a principal participant one or more of the following: ``(i) An institution of higher education (as defined in section 101 or 102 of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002)). ``(ii) An advanced technology education center. ``(iii) A local workforce investment board. ``(iv) A representative of a business in a target industry for the certification involved. ``(v) A representative of an industry association, labor organization, or community development organization. ``(B) History of demonstrated capability required.--To be eligible to receive a grant under this subsection, an eligible entity shall have a history of demonstrated capability for effective collaboration with industry on workforce development activities that is consistent with the goals of this Act. ``(4) Applications.--To be eligible to receive a grant under this subsection, an eligible entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary may require. ``(5) -Criteria.--The Secretary of Labor shall establish criteria, consistent with paragraph (6), for awarding grants under this subsection. ``(6) Priority.--In selecting eligible entities to receive grants under this subsection, the Secretary of Labor shall give priority to eligible entities that demonstrate the availability of and ability to provide matching funds from industry or nonprofit sources. Such matching funds may be provided in cash or in kind. ``(7) Authorized activities.-- ``(A) In general.--An eligible entity that receives a grant under this subsection shall use the funds made available through the grant-- ``(i) to establish certification requirements for a certification described in paragraph (1) for an industry; ``(ii) to develop and initiate a certification program that includes preparatory courses, course materials, procedures, and examinations, for the certification; and ``(iii) to collect and analyze data related to the program at the program's completion, and to identify best practices (consistent with paragraph (8)) that may be used by local and State workforce investment boards in the future. ``(B) Basis for requirements.--The certification requirements shall be based on applicable skill standards for the industry involved that have been developed by or linked to national centers of excellence under the National Science Foundation's Advanced Technological Education Program. The requirements shall require an individual to demonstrate an identifiable set of competencies relevant to the industry in order to receive certification. The requirements shall be designed to provide evidence of a transferable skill set that allows flexibility and mobility of workers within a high technology industry. ``(C) Relationship to training and education programs.--The eligible entity shall ensure that-- ``(i) a training and education program related to competencies for the industry involved, that is flexible in mode and timeframe for delivery and that meets the needs of those seeking the certification, is offered; and ``(ii) the certification program is offered at the completion of the training and education program. ``(D) Relationship to the associate degree.--The eligible entity shall ensure that the certification program is consistent with the requirements for a 2- year associate degree. ``(E) Availability.--The eligible entity shall ensure that the certification program is open to students pursuing associate degrees, employed workers, and displaced workers. ``(8) Consultation.--The Secretary of Labor shall consult with the Director of the National Science Foundation and the Secretary of Education to ensure that the pilot projects build on the expertise and information about best practices gained through the implementation of the National Science Foundation's Advanced Technological Education Program. ``(9) Core components; guidelines; reports.--After collecting and analyzing the data obtained from the pilot programs, the Secretary of Labor shall-- ``(A) establish the core components of a model high-technology certification program; ``(B) establish guidelines to assure development of a uniform set of standards and policies for such programs; ``(C) submit and prepare a report on the pilot projects to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives; and ``(D) make available to the public both the data and the report. ``(10) Authorization of appropriations.--In addition to amounts authorized to be appropriated under section 174(b), there is authorized to be appropriated $60,000,000 for fiscal year 2005 to carry out this subsection.''.

Workforce Investment for Next-Generation Technologies Act - WING Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to carry out up to twenty pilot projects to establish a system of industry-validated national certifications of skills in: (1) up to sixteen high-technology industries; and (2) up to four cross-disciplinary national certification of skills in homeland security technology. Includes among the high-technology industries: biotechnology, telecommunications, highly automated manufacturing (including semiconductors), advanced materials technology, nanotechnology, and energy technology (including technology relating to next-generation lighting). Directs the Secretary to make three-to-four year grants for such projects to eligible entities with one or more of the following as a primary participant: (1) an institution of higher education; (2) an advanced technology education center; (3) a local workforce investment board; (4) a representative of a business in a target industry for the certification involved; or (5) a representative of an industry association, labor organization, or community development organization. Requires each certification program to be: (1) offered at the completion of, and in addition to, a training and education program which is related to the industry competencies involved and which is offered in a flexible manner that meets the needs of those seeking certification; and (2) consistent with the requirements for a two-year associate degree.

A bill to amend the Workforce Investment Act of 1998 to authorize the Secretary of Labor to provide for 5-year pilot projects to establish a system of industry-validated national certifications of skills in high-technology industries and a cross-disciplinary national certification of skills in homeland security technology.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gasoline Affordability and Security Act'' or the ``GAS Act''. TITLE I--CONSUMER PROTECTION SEC. 101. PROHIBITION ON GASOLINE PRICE GOUGING. (a) Unlawful Conduct.--During the 30-day period beginning on the date on which the President determines the existence of conditions warranting the drawdown and sale of petroleum products from the Strategic Petroleum Reserve under subsection (d) or (h) of section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), it shall be an unfair or deceptive act or practice in violation of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for any person to sell gasoline or diesel fuel at a price which constitutes price gouging as defined by rule pursuant to subsection (b). (b) Enforcement.--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)) and shall be enforced by the Federal Trade Commission in accordance with all applicable terms and provisions of the Federal Trade Commission Act. (c) Penalties.--Any person who violates subsection (a), or the rules promulgated pursuant to this section, shall be subject to a civil penalty in an amount not to exceed $11,000 per day in which a violation occurs. (d) Rulemaking.--Not later than 90 days after the date of enactment of this Act, the Federal Trade Commission shall promulgate rules, in accordance with section 5(n) of the Federal Trade Commission Act (15 U.S.C. 45(n)), that-- (1) define ``price gouging'' for purposes of this section; and (2) carry out this section. SEC. 102. COMPETITIVE PRICING TASK FORCE. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Federal Trade Commission shall establish a Competitive Pricing Task Force (referred to in this section as the ``Task Force''. (b) Duties.--The Task Force shall provide each State attorney general who requests assistance from the Task Force-- (1) with assistance in the investigation of alleged price gouging affecting the consumers of the State; and (2) such additional technical assistance as may be necessary in studying and drafting State laws to prohibit price gouging. (c) Duration.--The Task Force shall carry out the duties described in subsection (b) during the 2-year period beginning on the date on which the Task Force is established under subsection (a). SEC. 103. CONSUMER INFORMATION. (a) List.--The Federal Trade Commission shall publish a list on its Web site containing the names of all persons penalized under section 101. (b) Information About Gasoline Prices.--The Energy Information Administration of the Department of Energy shall disseminate to all persons selling gasoline or diesel fuel to retail consumers, in a manner suitable for posting, information contained in the table on the Administration's Web site entitled, ``WHAT WE PAY FOR IN A GALLON OF REGULAR GASOLINE'', to inform such consumers of the factors contributing to the price of gasoline. SEC. 104. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this title. TITLE II--INCREASING SUPPLY SEC. 201. FUEL DIVERSIFICATION. Section 402 of the Energy Policy Act of 2005 (42 U.S.C. 15962) is amended-- (1) in subsection (b)(1)(A)-- (A) in clause (iv), by striking ``and'' at the end; (B) by redesignating clause (v) as clause (vi); and (C) by inserting after clause (iv) the following: ``(v) a Fischer-Tropsch technology project to produce ultra-low sulfur liquid transportation fuel; and''; and (2) by adding at the end the following: ``(j) Energy Policy Priority.-- ``(1) Establishment.--Not later than 90 days after the date on which the Secretary provides funds for a Fischer-Tropsch technology project to produce ultra-low sulfur liquid transportation fuel under subsection (b)(1)(A)(v), the Secretary shall establish as an energy policy priority the expedited, large-scale commercialization of that technology to promote the supply of affordable, clean, domestic gasoline and diesel fuel. ``(2) Subsequent projects.-- ``(A) In general.--In accordance with the energy policy priority established under paragraph (1), the Secretary shall provide funds for a subsequent Fischer- Tropsch technology project to produce ultra-low sulfur liquid transportation fuel as soon as practicable after the date on which the priority is established. ``(B) Criteria for selection.--In carrying out subparagraph (A), the Secretary shall select the private sector recipient that is the most capable of designing and constructing a Fischer-Tropsch technology project with an output of not less than 50,000 barrels per day of ultra-low sulfur transportation fuel, as determined by the Secretary.''. SEC. 202. FUEL TREATMENT. Not later than 60 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall conduct an expedited review of any fuel additive an application for verification for which has been filed in accordance with the voluntary diesel retrofit program. TITLE III--DECREASING DEMAND SEC. 301. CREDIT FOR TELEWORKING. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30D. TELEWORKING CREDIT. ``(a) Allowance of Credit.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified teleworking expenses paid or incurred by the taxpayer during such year. ``(b) Maximum Credit.-- ``(1) Per teleworker limitation.--The credit allowed by subsection (a) for a taxable year with respect to qualified teleworking expenses paid or incurred by or on behalf of an individual teleworker shall not exceed-- ``(A) in the case of an eligible taxpayer described in subsection (c)(1)(A), $1,000, and ``(B) in the case of an eligible taxpayer described in subsection (c)(1)(B), $2,000. ``(2) Reduction for teleworking less than full year.--In the case of an individual who is in a teleworking arrangement for less than a full taxable year, the dollar amount referred to subparagraph (A) or (B) of paragraph (1) shall be reduced by an amount which bears the same ratio to such dollar amount as the number of months in which such individual is not in a teleworking arrangement bears to 12. For purposes of the preceding sentence, an individual shall be treated as being in a teleworking arrangement for a month if the individual is subject to such arrangement for any day of such month. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means-- ``(A) in the case of an individual, an individual who performs services for an employer under a teleworking arrangement, and ``(B) in the case of an employer, an employer for whom employees perform services under a teleworking arrangement. ``(2) Teleworking arrangement.--The term `teleworking arrangement' means an arrangement under which an employee teleworks for an employer not less than 75 days per year. ``(3) Qualified teleworking expenses.--The term `qualified teleworking expenses' means expenses paid or incurred under a teleworking arrangement for furnishings and electronic information equipment which are used to enable an individual to telework. ``(4) Telework.--The term `telework' means to perform work functions, using electronic information and communication technologies, thereby reducing or eliminating the physical commute to and from the traditional work site. ``(d) Limitation Based on Amount of Tax.-- ``(1) Liability for tax.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(2) Carryforward of unused credit.--If the amount of the credit allowable under subsection (a) for any taxable year exceeds the limitation under paragraph (1) for the taxable year, the excess shall be carried to the succeeding taxable year and added to the amount allowable as a credit under subsection (a) for such succeeding taxable year. ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (d)). ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states not qualified.-- No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election to not take credit.--No credit shall be allowed under subsection (a) for any expense if the taxpayer elects to not have this section apply with respect to such expense. ``(5) Denial of double benefit.--No deduction or credit (other than under this section) shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30D(e)(1), in the case of amounts with respect to which a credit has been allowed under section 30D.''. (2) Section 55(c)(3) of such Code is amended by inserting ``30D(d),'' after ``30(b)(3),''. (3) Section 6501(m) of such Code is amended by inserting ``30D(e)(4),'' after ``30C(e)(5),''. (c) Clerical Amendment.--The table of sections for 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 item: ``Sec. 30D. Teleworking credit.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date. SEC. 302. EMPLOYER-PROVIDED COMPUTER EQUIPMENT TREATED AS FRINGE BENEFIT. (a) In General.--Subsection (a) of section 132 of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, or'', and by adding at the end the following new paragraph: ``(9) qualified employer-provided computer equipment fringe.''. (b) Qualified Employer-Provided Computer Equipment Fringe.--Section 132 of such Code is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) Qualified Employer-Provided Computer Equipment Fringe.--For purposes of this section-- ``(1) In general.--The term `qualified employer-provided computer equipment fringe' means any computer and related equipment and services provided to an employee by an employer if-- ``(A) such computer and related equipment and services are necessary for the employee to perform work for the employer from the employee's home, and ``(B) the employee makes substantial business use of the equipment in the performance of work for the employer. ``(2) Substantial use.--For purposes of paragraph (1), the term `substantial business use' includes standby use for periods when work from home may be required by the employer such as during work closures caused by the threat of terrorism, inclement weather, or natural disasters.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 303. SENSE OF CONGRESS. It is the sense of Congress that Congress and the employees of the legislative branch of the Federal Government should-- (1) conserve gasoline, aviation, and diesel fuel by whatever means practicable; and (2) as a part of such conservation efforts, promote teleworking.

Gasoline Affordability and Security Act or the GAS Act - States it is unlawful to sell gasoline or diesel fuel at a price which constitutes price gouging (as defined by Federal Trade Commission (FTC)) during the 30-day period beginning on the date on which the President determines the existence of conditions warranting the drawdown and sale of petroleum products from the Strategic Petroleum Reserve. Requires the FTC to establish a Competitive Pricing Task Force to provide assistance upon request of a state attorney general. Amends the Energy Policy Act of 2005 to direct the Secretary of Energy to: (1) ensure that specified funds are allocated to coal-based gasification technologies, including a Fischer-Tropsch technology project to produce ultra-low sulfur liquid transportation fuel; (2) establish as an energy policy priority the expedited, large-scale commercialization of such technology; and (3) provide funds for a subsequent Fischer-Tropsch technology project. Amends the Internal Revenue Code to allow as a credit against the income tax the qualified teleworking expenses paid or incurred by the taxpayer during such year. Prescribes guidelines for the treatment of employer-provided computer equipment as a fringe benefit. Expresses the sense of Congress that Congress and the employees of the legislative branch of the federal government should: (1) conserve gasoline, aviation, and diesel fuel by whatever means practicable; and (2) as a part of such conservation efforts, promote teleworking.

A bill to ensure gasoline affordability and security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community and Postal Participation Act of 1998''. SEC. 2. GUIDELINES FOR RELOCATION, CLOSING, OR CONSOLIDATION OF POST OFFICES. Section 404 of title 39, United States Code, is amended by striking subsection (b) and inserting the following: ``(b)(1) Before making a determination under subsection (a)(3) as to the necessity for the relocation, closing, or consolidation of any post office, the Postal Service shall provide adequate notice to persons served by that post office of the intention of the Postal Service to relocate, close, or consolidate that post office not later than 60 days before the proposed date of that relocation, closing, or consolidation. ``(2)(A) The notification under paragraph (1) shall be in writing, hand delivered or delivered by mail to persons served by that post office, and published in 1 or more newspapers of general circulation within the zip codes served by that post office. ``(B) The notification under paragraph (1) shall include-- ``(i) an identification of the relocation, closing, or consolidation of the post office involved; ``(ii) a summary of the reasons for the relocation, closing, or consolidation; and ``(iii) the proposed date for the relocation, closing, or consolidation. ``(3) Any person served by the post office that is the subject of a notification under paragraph (1) may offer an alternative relocation, consolidation, or closing proposal during the 60-day period beginning on the date on which the notice is provided under paragraph (1). ``(4)(A) At the end of the period specified in paragraph (3), the Postal Service shall make a determination under subsection (a)(3). Before making a final determination, the Postal Service shall conduct a hearing, and persons served by the post office that is the subject of a notice under paragraph (1) may present oral or written testimony with respect to the relocation, closing, or consolidation of the post office. ``(B) In making a determination as to whether or not to relocate, close, or consolidate a post office, the Postal Service shall consider-- ``(i) the extent to which the post office is part of a core downtown business area; ``(ii) any potential effect of the relocation, closing, or consolidation on the community served by the post office; ``(iii) whether the community served by the post office opposes a relocation, closing, or consolidation; ``(iv) any potential effect of the relocation, closing, or consolidation on employees of the Postal Service employed at the post office; ``(v) whether the relocation, closing, or consolidation of the post office is consistent with the policy of the Government under section 101(b) that requires the Postal Service to provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns in which post offices are not self- sustaining; ``(vi) the quantified long-term economic saving to the Postal Service resulting from the relocation, closing, or consolidation; ``(vii) whether postal officials engaged in negotiations with persons served by the post office concerning the proposed relocation, closing, or consolidation; ``(viii) whether management of the post office contributed to a desire to relocate; ``(ix)(I) the adequacy of the existing post office; and ``(II) whether all reasonable alternatives to relocation, closing, or consolidation have been explored; and ``(x) any other factor that the Postal Service determines to be necessary for making a determination whether to relocate, close, or consolidate that post office. ``(5)(A) Any determination of the Postal Service to relocate, close, or consolidate a post office shall be in writing and shall include the findings of the Postal Service with respect to the considerations required to be made under paragraph (4). ``(B) The Postal Service shall respond to all of the alternative proposals described in paragraph (3) in a consolidated report that includes-- ``(i) the determination and findings under subparagraph (A); and ``(ii) each alternative proposal and a response by the Postal Service. ``(C) The Postal Service shall make available to the public a copy of the report prepared under subparagraph (B) at the post office that is the subject of the report. ``(6)(A) The Postal Service shall take no action to relocate, close, or consolidate a post office until the applicable date described in subparagraph (B). ``(B) The applicable date specified in this subparagraph is-- ``(i) if no appeal is made under paragraph (7), the end of the 60-day period specified in that paragraph; or ``(ii) if an appeal is made under paragraph (7), the date on which a determination is made by the Commission under paragraph 7(A), but not later than 120 days after the date on which the appeal is made. ``(7)(A) A determination of the Postal Service to relocate, close, or consolidate any post office may be appealed by any person served by that post office to the Postal Rate Commission during the 60-day period beginning on the date on which the report is made available under paragraph (5). The Commission shall review the determination on the basis of the record before the Postal Service in the making of the determination. The Commission shall make a determination based on that review not later than 120 days after appeal is made under this paragraph. ``(B) The Commission shall set aside any determination, findings, and conclusions of the Postal Service that the Commission finds to be-- ``(i) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law; ``(ii) without observance of procedure required by law; or ``(iii) unsupported by substantial evidence on the record. ``(C) The Commission may affirm the determination of the Postal Service that is the subject of an appeal under subparagraph (A) or order that the entire matter that is the subject of that appeal be returned for further consideration, but the Commission may not modify the determination of the Postal Service. The Commission may suspend the effectiveness of the determination of the Postal Service until the final disposition of the appeal. ``(D) The provisions of sections 556 and 557, and chapter 7 of title 5 shall not apply to any review carried out by the Commission under this paragraph. ``(E) A determination made by the Commission shall not be subject to judicial review. ``(8) In any case in which a community has in effect procedures to address the relocation, closing, or consolidation of buildings in the community, and the public participation requirements of those procedures are more stringent than those provided in this subsection, the Postal Service shall apply those procedures to the relocation, consolidation, or closing of a post office in that community in lieu of applying the procedures established in this subsection. ``(9) In making a determination to relocate, close, or consolidate any post office, the Postal Service shall comply with any applicable zoning, planning, or land use laws (including building codes and other related laws of State or local public entities, including any zoning authority with jurisdiction over the area in which the post office is located). ``(10) The relocation, closing, or consolidation of any post office under this subsection shall be conducted in accordance with section 110 of the National Historic Preservation Act (16 U.S.C. 470h-2).''. SEC. 3. POLICY STATEMENT. Section 101(g) of title 39, United States Code, is amended by adding at the end the following: ``In addition to taking into consideration the matters referred to in the preceding sentence, with respect to the creation of any new postal facility, the Postal Service shall consider the potential effects of that facility on the community to be served by that facility and the service provided by any facility in operation at the time that a determination is made whether to plan or build that facility.''.

Community and Postal Participation Act of 1998 - Modifies Federal postal provisions to require 60-days' written notice before the relocation, closing, or consolidation (currently, the closing or consolidation) of a post office. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office. Sets forth provisions which: (1) allow any person served by the post office to offer an alternative relocation, consolidation, or closing proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing to allow such persons to present oral or written testimony. Revises factors to be considered in deciding whether to relocate, close, or consolidate a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community served; (3) whether postal officials negotiated with persons served; (4) whether management of the post office contributed to a desire to relocate; and (5) the adequacy of the existing post office. Requires the Postal Service to respond to all alternative proposals by way of a consolidated report containing findings and determinations with respect to each such proposal and to make a copy of such report available at such post office. Provides for an appeal to the Postal Rate Commission of a decision to relocate, close, or consolidate. Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, or consolidation of buildings in the community if participation requirements of such procedures are more stringent than those provided in this Act. Requires the Postal Service, in making a determination to relocate, close, or consolidate any post office, to comply with any zoning, planning, or land use regulations or building codes applicable to State or local public entities, including the zoning authority of the local jurisdiction. Includes within the Postal Service policy with respect to planning and building new postal facilities that the Service consider the effect a new facility may have on the community and the service provided by any facility currently in operation at the time that such a decision is made.

Community and Postal Participation Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Commission on Campaign Practices Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) for Congress to address the existing problems in the Federal election laws, Congress must act in a nonpartisan manner and engage in a debate based on academic studies and empirical findings instead of partisan rhetoric; (2) when addressing Federal election laws, Congress must be cognizant of the freedoms of speech and association protected under the Constitution; and (3) the current Federal election laws unduly favor incumbent Members of Congress, and, in previous years, Congress has not been able to eliminate this bias when addressing the reform of the Federal election laws. SEC. 3. ESTABLISHMENT AND PURPOSE OF COMMISSION. There is established a commission to be known as the ``Bipartisan Commission on Campaign Practices'' (referred to in this Act as the ``Commission''). The purposes of the Commission are to study the laws relating to elections for Federal office and to report and recommend legislation to reform those laws. SEC. 4. MEMBERSHIP OF COMMISSION. (a) Appointment.--The Commission shall be composed of 12 members appointed within 15 days after the date of the enactment of this Act by the President, by and with the advice and consent of the Senate, from among individuals who are not incumbent Members of Congress and who are specially qualified to serve on the Commission by reason of education, training, or experience. In making appointments, the President shall consult-- (1) the Speaker of the House of Representatives with respect to the appointment of 3 members, one of whom is not affiliated with either the Republican Party or the Democratic Party; (2) the majority leader of the Senate with respect to the appointment of 3 members, one of whom is not affiliated with either the Republican Party or the Democratic Party; (3) the minority leader of the House of Representatives with respect to the appointment of 2 members, one of whom is not affiliated with either the Republican Party or the Democratic Party; and (4) the minority leader of the Senate with respect to the appointment of 2 members, one of whom is not affiliated with either the Republican Party or the Democratic Party. (b) Chairman.--At the time of the appointment, the President shall designate one member of the Commission as Chairman of the Commission. The Chairman may not be affiliated with either the Republican Party or the Democratic Party. (c) Terms.--The members of the Commission shall serve for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Political Affiliation.--Not more than 4 members of the Commission may be of the same political party. SEC. 5. POWERS OF COMMISSION. (a) Hearings.--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. (b) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. A majority of the full Commission is required when approving all or a portion of the recommended legislation. Any member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Pay and Travel Expenses of Members.--(1) Each member of the Commission, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. The Chairman shall be paid for each day referred to in the preceding sentence at a rate equal to the daily equivalent of the annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (b) Staff Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a staff director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (c) Staff of Commission; Services.-- (1) In general.--Subject to such rules as may be adopted by the Commission, the Chair, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classifications and General Schedule pay rates, may appoint such personnel as the chair considers necessary, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (2) Temporary and intermittent services.--The Chair may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code. SEC. 7. REPORT AND RECOMMENDED LEGISLATION. (a) Report.--Not later than 90 days after the selection of the Chair of the Commission, the Commission shall submit to the Congress a report of the activities of the Commission. (b) Recommendations.--The report under subsection (a) shall include any recommendations for changes in the laws (including regulations) governing the conducting and financing of Federal campaigns, including any changes in the rules of the Senate or the House of Representatives, to which 7 or more members of the Commission may agree. (c) Preparation of Legislation.--If 7 or more members concur on a recommendation submitted under subsection (b), those members shall prepare and submit with the report under subsection (a) legislation to implement the recommendation. (d) Expedited Congressional Consideration of Legislation.-- (1) In general.--If any legislation is introduced the substance of which implements a recommendation of the Commission submitted under subsection (b), subject to paragraph (2), the provisions of section 2908 (other than subsection (a)) of the Defense Base Closure and Realignment Act of 1990 shall apply to the consideration of the legislation in the same manner as such provisions apply to a joint resolution described in section 2908(a) of such Act. (2) Special rules.--For purposes of applying paragraph (1) with respect to such provisions, the following rules shall apply: (A) Any reference to the Committee on Armed Services of the House of Representatives shall be deemed a reference to the Committee on House Oversight of the House of Representatives and any reference to the Committee on Armed Services of the Senate shall be deemed a reference to the Committee on Rules and Administration of the Senate. (B) Any reference to the date on which the President transmits a report shall be deemed a reference to the date on which the recommendation involved is submitted under subsection (b). (C) Notwithstanding subsection (d)(2) of section 2908 of such Act-- (i) it shall be in order to consider an amendment in the nature of a substitute to the legislation offered by the majority leader of the House of Representatives or the Senate (as the case may be); (ii) it shall be in order to consider an amendment in the nature of a substitute to the legislation offered by the minority leader of the House of Representatives or the Senate (as the case may be); (iii) a separate vote shall be taken in each House on adoption of each of the amendments offered and on the legislation as introduced; and (iv) if more than one version of the legislation is adopted by a House pursuant to clause (iii), the version receiving the greatest number of votes in favor of adoption shall be deemed to be legislation passed by that House. SEC. 8. PRIMARY OBJECTIVES OF THE COMMISSION. In formulating its draft of legislation under section 7, the Commission shall consider the following to be its primary objectives: (1) Encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues. (2) Eliminating the disproportionate influence of special interest financing of Federal elections. (3) Creating a system in which incumbent Members of Congress do not possess an inherent advantage over challengers. SEC. 9. TERMINATION. The Commission shall cease to exist 60 days after the date of the submission of its report under section 7. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out its duties under this Act.

Bipartisan Commission on Campaign Practices Act of 1996 - Establishes the Bipartisan Commission on Campaign Practices. Directs the Commission to study the laws relating to elections for Federal office and to report and recommend legislation to reform those laws. (Sec. 7) Requires the Commission to report on its activities to the Congress not later than 90 days after the selection of the Chair of the Commission. Directs that if seven or more members concur on a recommendation, those members shall prepare and submit with the report legislation to implement the recommendation. Provides for expedited congressional consideration of any legislation the substance of which implements a recommendation of the Commission. (Sec. 8) Sets forth the primary objectives of the Commission. (Sec. 9) Terminates the Commission 60 days after the submission of its report. (Sec. 10) Authorizes to be appropriated to the Commission such sums as are necessary to carry out its duties.

Bipartisan Commission on Campaign Practices Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Abuse Reform and Enforcement Act of 2005'' or ``CARE Act of 2005''. TITLE I--WITHHOLDING AND REDISTRIBUTION OF CERTAIN STATE CHILD PROTECTION FUNDS SEC. 101. WITHHOLDING AND REDISTRIBUTION OF STATE FUNDS. (a) Child Abuse Prevention and Treatment Act.--Beginning 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall reduce, by 25 percent, the allocation to a State for a fiscal year under title I of the Child Abuse Prevention and Treatment Act that does not meet each of the requirements of title II of this Act. (b) National Child Protection Act of 1993.--Beginning 1 year after the date of the enactment of this Act, the Attorney General shall reduce, by 25 percent, amounts under a grant under section 4(b) of the National Child Protection Act of 1993 to a State for a fiscal year that does not meet each of the requirements of title II of this Act. (c) Redistribution of Funds.--The Attorney General shall, using funds withheld under this section and amounts appropriated pursuant to the authorization of appropriations under section 102, provide grants to States that meet the requirements of title II of this Act. A grant made under this subsection shall be used-- (1) for the computerization of data and criminal history files for purposes of title II of this Act; (2) for the improvement of existing data and computerized criminal history files for purposes of title II of this Act; and (3) to assist the State in the transmittal of data and criminal records to, or the indexing of data and criminal history records in, the national data and criminal history systems for purposes of title II of this Act. SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL FUNDING GRANTS FOR THE IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION. There are authorized to be appropriated for additional grants under section 101(c) $50,000,000 for each of the fiscal years 2006 through 2009. TITLE II--CHILD SEXUAL ABUSE PROTECTION AND SENTENCING REFORM SEC. 201. REQUIREMENT TO EQUALIZE SENTENCING REQUIREMENTS FOR INTRAFAMILIAL AND EXTRAFAMILIAL CHILD SEXUAL ABUSE. (a) State Study of Laws Regarding Intrafamilial and Extrafamilial Child Sexual Abuse.--A State meets the requirements of this subsection if, not later than 1 year after the date of enactment of this Act, the State-- (1) has studied the laws in the State that apply to intrafamilial and extrafamilial sexual abuse of children; and (2) has examined, at a minimum-- (A) issues concerning differences in laws applicable to intrafamilial and extrafamilial child sexual abuse; (B) issues concerning disparities in charging and sentencing perpetrators of child sexual abuse, resulting from differences in applicable laws; and (C) issues concerning legislative actions necessary to equalize charging and sentencing of perpetrators of sexual abuse without regard to familial relationship of perpetrator to child victim. (b) Report to the Attorney General.--A State meets the requirements of this subsection if the State submits to the Attorney General a report that contains the results of the study conducted under subsection (a). (c) Legislative Actions to Equalize Sentencing Requirements.-- (1) In general.--Except as provided in paragraph (2), a State meets the requirements of this subsection if, not later than 1 year after the date of enactment of this Act, the State has implemented legislative actions necessary to equalize charging and sentencing of perpetrators of sexual abuse without regard to familial relationship of perpetrator to child victim. (2) Exception.--The Attorney General may provide for an extension of the 1-year time requirement in paragraph (1) for any State if the Attorney General determines that State legislation (other than legislation appropriating funds) is required to meet the additional requirements imposed by this Act. SEC. 202. REQUIREMENT TO GATHER INFORMATION ON SEXUAL ABUSE OF CHILDREN. A State meets the requirements of this section if the State-- (1) compiles and analyzes data relating to intrafamilial and extrafamilial sexual abuse of children; (2) promotes regulations requiring the gathering of such data by State courts and State agencies for compilation and analysis purposes; (3) provides, on an annual basis, to the Attorney General, the Secretary of Health and Human Services, and the Bureau of Justice Statistics a report containing the data referred to in paragraph (1) and a description of the regulations referred to in paragraph (2).

Child Abuse Reform and Enforcement Act of 2005 - CARE Act of 2005 - Directs the Secretary of Health and Human Services and the Attorney General to reduce by 25 percent certain fiscal year allocations and grant amounts, under the Child Abuse Prevention and Treatment Act and the National Child Protection Act of 1993, respectively, to any state that is not in compliance with requirements of this Act. Directs the Attorney General to use such withheld amounts and authorized funds under this Act for additional grants to states in compliance to computerize, improve, transmit, and index their own data and criminal history files in the national data and criminal history systems for child sexual abuse protection and sentencing reform. Requires a state, to be eligible for funding under this Act, to: (1) study its laws pertaining to intrafamilial and extrafamilial sexual abuse of children, and examine issues concerning their differences; (2) examine disparities in charging and sentencing perpetrators of child sexual abuse; (3) examine, and implement, legislative actions necessary to equalize charging and sentencing without regard to familial relationship of perpetrator to child victim; (4) compile, analyze, and report relevant data; and (5) promote regulations requiring its courts and agencies to compile such data.

To promote the improvement of information on, and protections against, child sexual abuse.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard Border Enforcement Act''. SEC. 2. USE OF NATIONAL GUARD TO SUPPORT DEPARTMENT OF HOMELAND SECURITY BORDER CONTROL ACTIVITIES. (a) Expanded Deployment of National Guard; Duration.-- (1) Deployment; duration.--In addition to the number of members of the National Guard deployed along the international border between the United States and Mexico as of the date of the enactment of this Act, the Secretary of Defense shall provide for the deployment of not less than an additional 10,000 members of the National Guard along the international border between the United States and Mexico until the date on which the Secretary of Homeland Security certifies that the Federal Government has achieved operational control of the international border. (2) Additional deployments.--The Secretary of Defense may exceed the number specified in paragraph (1) at the request of a Governor of a State that shares a portion of the international border between the United States and Mexico if, despite the deployment of the additional 10,000 members of the National Guard along the international border, operational control of the international border has not been achieved. (3) Deployment authorities.--Members of the National Guard required to be deployed pursuant to paragraph (1) may be deployed under section 502(f) of title 32, United States Code, pursuant to a State border control activities plan approved under section 112a of such title, as added by subsection (b), or pursuant to the order of the Secretary of Defense under any other provision of law. (4) Exemption from end strengths and other limitations.-- Members of the National Guard deployed pursuant to paragraph (1) shall not be included in the calculation to determine compliance with-- (A) limits on end strength; or (B) limits on the number of National Guard personal that may be placed on active duty for operational support. (5) Operational control defined.--In this subsection, the term ``operational control'' has the meaning given that term in section 2(b) of the Secure Fence Act of 2006 (Public Law 109- 367; 8 U.S.C. 1701 note). (b) Federal Assistance for State Border Control Activities Plans.-- Chapter 1 of title 32, United States Code, is amended by inserting after section 112 the following: ``Sec. 112a. Border control activities ``(a) Funding Assistance.--The Secretary of Defense shall provide funds to the Governor of a State who submits to the Secretary a State border control activities plan satisfying the requirements of subsection (c). Such funds shall be used for the following: ``(1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of that State used, while not in Federal service, for the purpose of border control activities. ``(2) The operation and maintenance of the equipment and facilities of the National Guard of that State used for the purpose of border control activities. ``(3) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State used for the purpose of border control activities. However, the use of such funds for the procurement of equipment may not exceed $5,000 per item, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense. ``(b) Use of Personnel Performing Full-Time National Guard Duty.-- (1) Under regulations prescribed by the Secretary of Defense, personnel of the National Guard of a State may, in accordance with the State border control activities plan referred to in subsection (c), be ordered to perform full-time National Guard duty under section 502(f) of this title for the purpose of carrying out border control activities. ``(2)(A) A member of the National Guard serving on full-time National Guard duty under orders authorized under paragraph (1) shall participate in the training required under section 502(a) of this title in addition to the duty performed for the purpose authorized under that paragraph. The pay, allowances, and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing duty for the purpose of carrying out border control activities. The member is not entitled to additional pay, allowances, or other benefits for participation in training required under section 502(a)(1) of this title. ``(B) Appropriations available for the Department of Defense for homeland defense may be used for paying costs associated with a member's participation in training described in subparagraph (A). The appropriation shall be reimbursed in full, out of appropriations available for paying those costs, for the amounts paid. Appropriations available for paying those costs shall be available for making the reimbursements. ``(C) To ensure that the use of units and personnel of the National Guard of a State pursuant to a State border control activities plan does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the border control activities that units and personnel of the National Guard of a State may perform: ``(i) The performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit. ``(ii) National Guard personnel will not degrade their military skills as a result of performing the activities. ``(iii) The performance of the activities will not result in a significant increase in the cost of training. ``(iv) In the case of border control activities performed by a unit organized to serve as a unit, the activities will support valid unit training requirements. ``(c) Plan Requirements.--A State border control activities plan shall-- ``(1) specify how personnel of the National Guard of that State are to be used in border control activities in support of the mission of the United States Customs and Border Protection of the Department of Homeland Security; ``(2) certify that those operations are to be conducted at a time when the personnel involved are not in Federal service; ``(3) certify that participation by National Guard personnel in those operations is service in addition to training required under section 502 of this title; ``(4) certify that any engineer-type activities (as defined by the Secretary of Defense) under the plan will be performed only by units and members of the National Guard; ``(5) include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; and ``(6) certify that the Governor of the State or a civilian law enforcement official of the State designated by the Governor has determined that any activities included in the plan that are carried out in conjunction with Federal law enforcement agencies serve a State law enforcement purpose. ``(d) Examination of Plan.--Before funds are provided to the Governor of a State under this section and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b), the Secretary of Defense shall, in consultation with the Secretary of Homeland Security, examine the adequacy of the plan submitted by the Governor under subsection (c). The plan as approved by the Secretary of Defense may provide for the use of personnel and equipment of the National Guard of that State to assist United States Customs and Border Protection in the transportation of aliens who have violated a Federal immigration law. ``(e) End Strength Limitation.--(1) Except as provided in paragraphs (2) and (3), at the end of a fiscal year there may not be more than 10,000 members of the National Guard-- ``(A) on full-time National Guard duty under section 502(f) of this title to perform border control activities pursuant to an order to duty; or ``(B) on duty under State authority to perform border control activities pursuant to an order to duty with State pay and allowances being reimbursed with funds provided under subsection (a)(1). ``(2) The Secretary of Defense may increase the end strength authorized under paragraph (1) if the Secretary determines that such an increase is necessary in the national security interests of the United States. ``(3) National Guard personnel deployed pursuant to paragraph (1) shall not be included in the calculation to determine compliance with-- ``(A) limits on end strength; or ``(B) limits on the number of National Guard personal that may be placed on active duty for operational support. ``(f) Annual Report.--The Secretary of Defense shall submit to Congress an annual report regarding assistance provided and activities carried out under this section during the preceding fiscal year. The report shall include the following: ``(1) The number of members of the National Guard excluded under subsection (e) from the computation of end strengths. ``(2) A description of the border control activities conducted under State border control activities plans referred to in subsection (c) with funds provided under this section. ``(3) An accounting of the amount of funds provided to each State. ``(4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform activities under the State border control activities plans. ``(g) Statutory Construction.--Nothing in this section shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. ``(h) Definitions.--In this section: ``(1) The term `border control activities', with respect to the National Guard of a State, means the use of National Guard personnel in border control activities authorized by the law of the State and requested by the Governor of the State in support of the mission of the United States Customs and Border Protection of the Department of Homeland Security, including activities as follows: ``(A) Armed vehicle and foot patrols along the international border between the United States and Mexico. ``(B) Interdiction of a vehicle, vessel, aircraft or other similar activity. ``(C) Search, seizure, and detention of suspects. ``(D) Construction of roads, fences, and vehicle barriers. ``(E) Search and rescue operations. ``(F) Intelligence gathering, surveillance, and reconnaissance. ``(G) Aviation support. ``(2) The term `Governor of a State' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia. ``(3) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 112 the following: ``112a. Border control activities.''.

National Guard Border Enforcement Act - Directs the Secretary of Defense (DOD) (Secretary) to deploy at least an additional 10,000 members of the National Guard for border control activities along the U.S.-Mexico border until the Secretary of Homeland Security (DHS) certifies that the federal government has achieved operational control of the border. Authorizes the Secretary to exceed 10,000 upon the request of a state that shares a portion of the U.S.-Mexico border if, despite deployment of the additional 10,000, operational control of the border has not been achieved. Requires the Secretary to provide funding to a state that submits to the Secretary of State a state border control activities plan meeting certain requirements. Limits the number of National Guard that may be so deployed.

To utilize the National Guard to provide support for the border control activities of the United States Customs and Border Protection of the Department of Homeland Security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Living Wage Responsibility Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to data from fiscal year 1999, approximately 162,000 Federal contract workers did not earn a wage sufficient to lift a family of four out of poverty. Just under 60 percent of these poorly paid workers work for large firms and 62 percent work on Department of Defense contracts. These workers represent 11 percent of the total 1.4 million Federal contract workers in the United States. (2) As of September 2000, 14,356 workers employed by the Federal Government earned less than the poverty level for a family of four. (3) A majority of workers earning less than a living wage are adult females working full-time. A disproportionate number of workers earning less than a living wage are minorities. (4) The Federal Government provides billions of dollars to businesses each year, through spending programs, grants and Government-favored financing. (5) In fiscal year 1999, the Federal Government awarded contracts worth over $208 billion. (6) Congress must ensure that Federal dollars are used responsibly to improve the economic security and well-being of Americans across the country. SEC. 3. POVERTY-LEVEL WAGE. (a) General Rule.--Notwithstanding any other law that does not specifically exempt itself from this Act and except as provided in subsection (b), the Federal Government and any employer under a Federal contract for an amount exceeding $10,000 (or a subcontract under such a contract) shall pay to each of their respective workers-- (1) an hourly wage (or salary equivalent) sufficient for a worker to earn, while working 40 hours a week on a full-time basis, the amount of the Federal poverty level for a family of four (as published in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))); and (2) an additional amount, determined by the Secretary based on the locality in which a worker resides, sufficient to cover the costs to such worker to obtain any fringe benefits not provided by the worker's employer. (b) Exemptions.--Subsection (a) does not apply to the following: (1) A small-business concern (as that term is used in section 3 of the Small Business Act (15 U.S.C. 632)). (2) A nonprofit organization exempt from Federal income tax under section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)), if the ratio of the total wages of the chief executive officer of such organization to the wages of the full-time equivalent of the lowest paid worker is not greater than 25 to 1. (c) Retaliation Prohibited.--It shall be unlawful for any employer subject to subsection (a) to terminate or suspend the employment of a worker on the basis of such worker's allegation of a violation of subsection (a). (d) Contract Requirement.--Any contract subject to subsection (a) shall contain a provision requiring the Federal contractor to ensure that any worker hired under such contract (or a subcontract thereof) shall be paid in accordance with subsection (a). SEC. 4. ENFORCEMENT BY SECRETARY. (a) In General.--If the Secretary determines (in a written finding setting forth a detailed explanation of such determination), after notice and an opportunity for a hearing on the record, that a Federal contractor (or any subcontractor thereof) subject to section 3 has engaged in a pattern or practice of violations of section 3, the following shall apply to such Federal contractor: (1) Contract cancellation.--After final adjudication of a pattern or practice of violations, the United States may cancel any contract (or the remainder thereof) with the Federal contractor that is a part of the pattern or practice of violations. (2) Restitution.--A Federal contractor whose contract is cancelled under paragraph (1) shall be liable to the United States in an amount equal to the costs to the Government in obtaining a replacement contractor to cover the remainder of any contract cancelled under paragraph (1). (3) Contract ineligibility.--After final adjudication of a pattern or practice of violations, the Federal contractor shall be ineligible to enter into, extend, or renew a contract with the United States for a period of five years after the date of such adjudication. (4) Publication.--Not later than 90 days after final adjudication of a pattern or practice of violations, the Secretary shall publish in the Federal Register a notice describing the ineligibility of the Federal contractor under paragraph (3). (b) Safe Harbor.--Subsection (a) shall not apply if-- (1) the Federal contractor has entered into a consent agreement with the Secretary with regard to a pattern or practice of violations of section 3 and has paid to any aggrieved workers all wages due them, to the satisfaction of the Secretary; or (2) the Secretary determines, after consultation with the affected Government entity, that cancellation or debarment under subsection (a) would not be in the best interests of the Nation or of such Government entity. (c) Judicial Review.--Any Federal contractor aggrieved by an adverse determination of the Secretary under subsection (a) may seek review of such determination in an appropriate court. SEC. 5. EMERGENCIES. The President may suspend the provisions of this Act in times of emergency. SEC. 6. PRIVATE RIGHT OF ACTION. (a) Action.--A worker aggrieved by a violation of section 3 may, in a civil action, recover appropriate relief. A civil action under this section shall be filed not later than 3 years after the commission of such violation. A civil action may not be brought under this section if an employer subject to section 3 has paid or reinstated the worker as a result of an administrative action under section 4. (b) Relief.--In this section, the term ``appropriate relief'' means-- (1) injunction of a violation of section 3; (2) actual damages or, if the court finds that the employer willfully violated section 3, three times actual damages; (3) reasonable attorney fees and the costs of the action; and (4) any other relief the court deems appropriate in the circumstances of the case. SEC. 7. RULEMAKING. The Secretary shall make rules to carry out this Act, which shall take effect not later than 120 days after the date of enactment of this Act. SEC. 8. DEFINITIONS. In this Act: (1) The term ``employer'' means a person who has economic power to set a worker's terms and conditions of employment, regardless of the formality of an employment relationship. (2) The term ``fringe benefits'' means-- (A) medical or hospital care or contributions to a health insurance plan; (B) contributions to a retirement plan; (C) life insurance; (D) disability insurance; and (E) vacation and holiday pay. (3) The term ``Secretary'' means the Secretary of Labor.

Federal Living Wage Responsibility Act - Requires the Federal government and any employer under a Federal contract or subcontract exceeding $10,000 to pay each of their respective workers: (1) an hourly wage (or salary equivalent) necessary for such employee to earn, while working 40 hours a week on a full-time basis, the amount of the Federal poverty level for a family of four; and (2) an additional amount, based on the locality in which a worker resides, sufficient to cover the costs to such worker to obtain any fringe benefits not provided by the worker's employer.Exempts employers that are: (1) small business concerns; or (2) nonprofit, tax-exempt organizations, if the ratio of the total compensation of the chief executive officer to that of the full-time equivalent of their lowest-paid employee is not greater than 25 to 1.Directs the Secretary of Labor to enforce this Act. Makes Federal contractors that are part of a pattern or practice of violations of such wage requirements subject to Federal contract suspension, a five-year ineligibility period, and liability for Government costs of obtaining a replacement contractor. Provides for judicial review of the Secretary's determinations, and authorizes the President to suspend the provisions of this Act in times of emergency. Allows an aggrieved worker to bring a civil action against an employer for appropriate relief for a violation of this Act, if the employer has not paid or reinstated the worker as a result of the administrative action.

To provide for livable wages for Federal Government workers and workers hired under Federal contracts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pollution and Costs Reduction Act''. SEC. 2. FINDINGS. Congress finds that-- (1) actions taken to reduce emissions of air pollutants, as defined in section 302 of the Clean Air Act (42 U.S.C. 7602), will spur investments that create new jobs and foster innovation and entrepreneurship in clean technology industries; and (2) according to the Environmental Protection Agency-- (A) the average building wastes 30 percent of the energy consumed by the building because of inefficiency; and (B) the operating costs of the nearly 5,000,000 buildings in the United States exceed $100,000,000,000 per year. SEC. 3. BUILDING POLLUTION REDUCTION PROGRAM. Section 105 of the Clean Air Act (42 U.S.C. 7405) is amended by adding at the end the following: ``(f) Building Pollution Reduction Program.-- ``(1) Definitions.--In this subsection: ``(A) Air pollutant.--The term `air pollutant' has the meaning given the term in section 302. ``(B) Emissions.--The term `emissions' means-- ``(i) direct emissions of an air pollutant from sources that are owned or controlled by an owner of a building; and ``(ii) indirect emissions of an air pollutant resulting from the generation of electricity, heat, or steam purchased by the owner of a building. ``(2) Program.--The Administrator shall establish and carry out a program, to be known as the `Building Pollution Reduction Program', to provide assistance to owners of buildings in the United States to reduce the emission of air pollutants and building operating costs by-- ``(A) constructing highly efficient buildings in the United States; or ``(B) increasing the efficiency of and reducing the emissions associated with existing buildings in the United States. ``(3) Requirements.--The Administrator shall provide assistance under this section to owners of buildings in the United States based on the extent to which projects relating to the buildings of the owners result in verifiable, additional, and enforceable reductions in emissions of air pollutants through operational improvements such as-- ``(A) improved energy efficiency; ``(B) increased water-use efficiency; ``(C) use of renewable energy sources; and ``(D) such additional measures, as determined by the Administrator, as will result in a measurable decrease in emissions of air pollutants. ``(4) Priority.--In providing assistance under this subsection, the Administrator shall give priority to projects that-- ``(A) achieve the following minimum scores as evaluated by energy performance benchmarking tools-- ``(i) in new or renovated buildings that demonstrate exemplary performance by achieving-- ``(I) a minimum score of 75 on the benchmarking tool of the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); or ``(II) an equivalent score on an established energy performance benchmarking metric selected by the Administrator, such as the metric used for the National Building Rating Program of the Department of Energy; and ``(ii) in retrofitted existing buildings that demonstrate-- ``(I) substantial improvement in the score or rating on the benchmarking tool described in clause (i) by a minimum of 30 points; or ``(II) an equivalent improvement using an established performance benchmarking metric selected by the Administrator; ``(B) are completed by building owners with a proven track record of reducing pollution through the measures described in paragraph (3); and ``(C) result in measurable pollution reduction benefits not encompassed within the metrics of the Energy Star program described in subparagraph (A)(i)(I). ``(5) Authorization of appropriations.--There are authorized to be appropriated to the Administrator to carry out this section such sums as are necessary for each of fiscal years 2012 through 2016.''.

Pollution and Costs Reduction Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a Building Pollution Reduction Program to provide assistance to building owners to reduce the emission of air pollutants and building operating costs by constructing highly efficient buildings and increasing the efficiency of, and reducing the emissions associated with, existing buildings. Requires the Administrator to: (1) provide such assistance to building owners based on the extent to which projects relating to the buildings of the owners result in verifiable, additional, and enforceable reductions in emissions of air pollutants through operational improvements such as improved energy efficiency, increased water-use efficiency, and use of renewable energy sources; and (2) give priority to projects that achieve minimum scores in energy performance evaluations and result in measurable pollution reduction benefits not encompassed within the metrics of the Energy Star program.

A bill to amend the Clean Air Act to reduce pollution and lower costs for building owners.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prison Judgment Relief Act of 1995''. SEC. 2. APPROPRIATE REMEDIES FOR PRISON CONDITIONS. (a) In General.--Section 3626 of title 18, United States Code, is amended to read as follows: ``Sec. 3626. Appropriate remedies with respect to prison conditions ``(a) Requirements for Relief.-- ``(1) Limitations on prospective relief.--The court shall not grant or approve any prospective relief unless the court finds that there is a violation of a Federal right and that such relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. In determining the intrusiveness of the relief, the court shall give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. ``(2) Prison population reduction relief.--In any civil action with respect to prison conditions, the court shall not grant or approve any relief whose purpose or effect is to reduce or limit the prison population, unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. ``(b) Termination of Relief.-- ``(1) Automatic termination of prospective relief after 4- year period.--In any civil action with respect to prison conditions, any prospective relief shall automatically terminate 4 years after the later of-- ``(A) the date of entry of the final judgment in which the court found the violation of a Federal right that was the basis for the relief; or ``(B) in the case of a final judgment entered more than 4 years before the date of the enactment of the Prison Judgment Relief Act of 1995, 180 days after the date of the enactment of such Act. ``(2) Immediate termination of prospective relief.--In any civil action with respect to prison conditions, a defendant or intervenor shall be entitled to the immediate termination of any prospective relief, if that relief was approved or granted in the absence of a finding by the court that prison conditions violated a Federal right. ``(c) Procedure for Motions Affecting Prospective Relief.--The court shall promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to prison conditions. ``(d) Standing.--Any Federal, State, or local official or unit of government-- ``(1) whose jurisdiction or function includes the prosecution or custody of persons in a prison subject to; or ``(2) who otherwise is or may be affected by; any relief whose purpose or effect is to reduce or limit the prison population shall have standing to oppose the imposition or continuation in effect of that relief and may intervene in any proceeding relating to that relief. Standing shall be liberally conferred under this subsection so as to effectuate the remedial purposes of this section. ``(e) Special Masters.--In any civil action in a Federal court with respect to prison conditions, any special master or monitor shall be a United States magistrate and shall make proposed findings on the record on complicated factual issues submitted to that special master or monitor by the court, but shall have no other function. The parties may not by consent extend the function of a special master beyond that permitted under this subsection. ``(f) Attorney's Fees.--No attorney's fee under section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) may be granted to a plaintiff in a civil action with respect to prison conditions except to the extent such fee is-- ``(1) directly and reasonably incurred in proving an actual violation of the plaintiff's Federal rights; and ``(2) proportionally related to the extent the plaintiff obtains court ordered relief for that violation.''. ``(g) Definitions.--As used in this section-- ``(1) the term `prison' means any Federal, State, or local facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law; ``(2) the term `relief' means all relief in any form which may be granted or approved by the court, and includes consent decrees and settlement agreements (except a settlement agreement the breech of which is not subject to any court proceeding which such agreement settled); and ``(3) the term `prospective relief' means all relief other than compensatory monetary damages.'' (b) Application of Amendment.--Section 3626 of title 18, United States Code, as amended by this section, shall apply with respect to all relief (as defined in such section) whether such relief was originally granted or approved before, on, or after the date of the enactment of this Act. (c) Clerical Amendment.--The item relating to section 3526 in the table of sections at the beginning of subchapter C of chapter 229 of title 18, United States Code, is amended by striking ``crowding'' and inserting ``conditions''.

Prison Judgment Relief Act of 1995 - Amends the Federal criminal code to prohibit the court from granting or approving prospective relief with respect to prison conditions unless it finds that there is a violation of a Federal right and that such relief is narrowly drawn and the least intrusive means to remedy the violation of such right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system. Prohibits the court, in any civil action with respect to such conditions, from granting or approving relief to reduce or limit the prison population, unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Specifies that any prospective relief in such an action shall automatically terminate four years after the later of: (1) the date of entry of the final judgment in which the court found the violation of a Federal right; or (2) 180 days after the date of enactment of this Act. Entitles a defendant or intervenor to immediate termination of prospective relief that was approved or granted in the absence of a finding by the court that such conditions violated a Federal right. Requires the court to promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to prison conditions. Sets forth provisions regarding: (1) standing (Federal, State, or local officials shall have standing under specified circumstances to oppose the imposition or continuation of relief and to intervene in proceedings relating to that relief); (2) special masters; and (3) limits on attorney's fees.

Prison Judgment Relief Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Research and Development Investment Act''. SEC. 2. REAUTHORIZE AND REVISE THE RENEWABLE ENERGY PRODUCTION INCENTIVE PROGRAM. (a) Incentive Payments.--Section 1212(a) of the Energy Policy Act of 1992 (42 U.S.C. 13317(a)) is amended by striking ``and which satisfies'' and all that follows through ``Secretary shall establish.'' and inserting ``. If there are insufficient appropriations to make full payments for electric production from all qualified renewable energy facilities in any given year, the Secretary shall assign 60 percent of appropriated funds for that year to facilities that use solar, wind, geothermal, or closed-loop (dedicated energy crops) biomass technologies to generate electricity, and assign the remaining 40 percent to other projects. The Secretary may, after transmitting to the Congress an explanation of the reasons therefor, alter the percentage requirements of the preceding sentence.''. (b) Qualified Renewable Energy Facility.--Section 1212(b) of the Energy Policy Act of 1992 (42 U.S.C. 13317(b)) is amended-- (1) by striking ``a State or any political'' and all that follows through ``nonprofit electrical cooperative'' and inserting ``a not-for-profit electric cooperative, a public utility described in section 115 of the Internal Revenue Code of 1986, a State, Commonwealth, territory, or possession of the United States or the District of Columbia, or a political subdivision thereof, or an Indian tribal government of subdivision thereof,''; and (2) by inserting ``landfill gas,'' after ``wind, biomass,''. (c) Eligibility Window.--Section 1212(c) of the Energy Policy Act of 1992 (42 U.S.C. 13317(c)) is amended by striking ``during the 10- fiscal year period beginning with the first full fiscal year occurring after the enactment of this section'' and inserting ``after October 1, 2005, and before October 1, 2015''. (d) Amount of Payment.--Section 1212(e)(1) of the Energy Policy Act of 1992 (42 U.S.C. 13317(e)(1)) is amended by inserting ``landfill gas,'' after ``wind, biomass,''. (e) Sunset.--Section 1212(f) of the Energy Policy Act of 1992 (42 U.S.C. 13317(f)) is amended by striking ``the expiration of'' and all that follows through ``of this section'' and inserting ``September 30, 2025''. (f) Authorization of Appropriations.--Section 1212(g) of the Energy Policy Act of 1992 (42 U.S.C. 13317(g)) is amended to read as follows: ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2005 through 2025, to remain available until expended.''. SEC. 3. EXTENSION AND EXPANSION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. (a) Extension.--Section 45(d) of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended by striking ``2006'' and inserting ``2011''. (b) Incremental Geothermal Energy and Incremental Hydropower Production.-- (1) In general.--Section 45(c)(1) of the Internal Revenue Code of 1986 (defining qualified energy resources) is amended by striking ``and'' at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting a comma, and by adding at the end the following new subparagraphs: ``(H) incremental geothermal energy production, and ``(I) incremental hydropower production.''. (2) Definition of resources.--Section 45(c) of such Code is amended by adding at the end the following new paragraphs: ``(8) Incremental geothermal production.-- ``(A) In general.--The term `incremental geothermal production' means for any taxable year the excess of-- ``(i) the total kilowatt hours of electricity produced from an incremental geothermal facility described in subsection (d)(9), over ``(ii) the average annual kilowatt hours produced at such facility for 5 of the previous 7 calendar years before the date of the enactment of this paragraph after eliminating the highest and the lowest kilowatt hour production years in such 7-year period. ``(B) Special rule.--A facility described in subsection (d)(9) which was placed in service at least 7 years before the date of the enactment of this paragraph shall commencing with the year in which such date of enactment occurs, reduce the amount calculated under subparagraph (A)(ii) each year, on a cumulative basis, by the average percentage decrease in the annual kilowatt hour production for the 7-year period described in subparagraph (A)(ii) with such cumulative sum not to exceed 30 percent. ``(9) Incremental hydropower production.-- ``(A) In general.--The term `incremental hydropower production' means for any taxable year an amount equal to the percentage of total kilowatt hours of electricity produced from an incremental hydropower facility described in subsection (d)(10) attributable to efficiency improvements or additions of capacity as determined under subparagraph (B). ``(B) Determination of incremental hydropower production.--For purposes of subparagraph (A), incremental hydropower production for any incremental hydropower facility for any taxable year shall be determined by establishing a percentage of average annual hydropower production at the facility attributable to the efficiency improvements or additions of capacity using the same water flow information used to determine an historic average annual hydropower production baseline for such facility. Such percentage and baseline shall be certified by the Federal Energy Regulatory Commission. For purposes of the preceding sentence, the determination of incremental hydropower production shall not be based on any operational changes at such facility not directly associated with the efficiency improvements or additions of capacity.''. (3) Facilities.--Section 45(d) of such Code (relating to qualified facilities) is amended by adding at the end the following new paragraphs: ``(9) Incremental geothermal facility.--In the case of a facility using incremental geothermal to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service before the date of the enactment of this paragraph, but only to the extent of its incremental geothermal production. In the case of a qualified facility described in the preceding sentence, the 10- year period referred to in subsection (a) shall be treated as beginning not earlier than such date of enactment. Such term shall not include any property described in section 48(a)(3) the basis of which is taken into account by the taxpayer for purposes of determining the energy credit under section 48. ``(10) Incremental hydropower facility.--In the case of a facility using incremental hydropower to produce electricity, the term `qualified facility' means any non-Federal hydroelectric facility owned by the taxpayer which is originally placed in service before the date of the enactment of this paragraph, but only to the extent of its incremental hydropower production. In the case of a qualified facility described in the preceding sentence, the 10-year period referred to in subsection (a) shall be treated as beginning not earlier than such date of enactment.''. (c) Effective Date.--The amendments made by this section shall apply to facilities placed in service after December 31, 2005. SEC. 4. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. RESIDENTIAL SOLAR AND GEOTHERMAL 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 10 percent of the qualified energy property expenditures made by the taxpayer during such year. ``(b) Limitations.--No credit shall be allowed under this section for an item of property unless-- ``(1) the original use of such property commences with the taxpayer, ``(2) such property reasonably can be expected to remain in use for at least 5 years, and ``(3) such property is installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer. ``(c) Qualified Energy Property Expenditures.--For purposes of this section, the term `qualified energy property expenditure' means an expenditure for energy property (as defined in paragraph (3) of section 48(a) (determined without regard to subparagraphs (B) and (C) thereof). ``(d) Special Rules.--For purposes of this section-- ``(1) Solar panels.--No expenditure relating to a solar panel or other property installed as a roof (or portion thereof) shall fail to be treated as property described in subsection (c) solely because it constitutes a structural component of the structure on which it is installed. ``(2) Swimming pools, etc., used as storage medium.-- Expenditures which are properly allocable to a swimming pool, hot tub, or any other energy storage medium which has a function other than the function of such storage shall not be taken into account for purposes of this section. ``(3) Dollar amounts in case of joint occupancy.--In the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals, the following rules shall apply: ``(A) The amount of the credit allowable under subsection (a) by reason of expenditures made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. ``(B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. ``(4) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made the individual's tenant-stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(5) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual's proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(6) Allocation in certain cases.--If less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. ``(7) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(8) Property financed by subsidized energy financing.-- For purposes of determining the amount of expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)). ``(e) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) to the extent provided in section 25C(e), in the case of amounts with respect to which a credit has been allowed under section 25C.''. (2) 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 25B the following new item: ``Sec. 25C. Residential solar and geothermal property.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2004. SEC. 5. DELAY IN PHASEOUT OF DEDUCTION FOR CLEAN-FUEL VEHICLES. (a) In General.--Section 179A(b)(1)(B) of the Internal Revenue Code of 1986 (relating to phaseout) is amended by striking ``2005'' and inserting ``2006''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2005. SEC. 6. DELAY IN PHASEOUT OF CREDIT FOR QUALIFIED ELECTRIC VEHICLES. (a) In General.--Section 30(b)(2) of the Internal Revenue Code of 1986 (relating to phaseout) is amended by striking ``2005'' and inserting ``2006''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2005.

Research and Development Investment Act - Amends the Energy Policy Act of 1992 to: (1) direct the Secretary of Energy, if there are insufficient appropriations in any given year, to assign 60 percent of appropriated funds under the renewable energy production incentive program to facilities that use solar, wind, geothermal, or closed-loop biomass to generate electricity; (2) redefine "qualified renewable energy facility"; (3) extend the eligibility period for payments under the program through FY2015; (4) include landfill gas as a renewable energy resource; and (5) extend the termination date and program funding through FY2025. Amends the Internal Revenue Code to: (1) extend the tax credit for production of electricity from certain renewable resources until 2011; (2) include incremental geothermal and hydropower facilities as qualified energy resources for purposes of such credit; (3) allow a tax credit for 10 percent of residential solar and geothermal energy property expenditures; and (4) delay the phaseout of the tax deduction for clean-fuel vehicles and the tax credit for qualified electric vehicles until 2006.

A bill to reauthorize and revise the Renewable Energy Production Incentive program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Hemisphere Drug Policy Commission Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the Substance Abuse and Mental Health Services Administration's (SAMHSA) National Survey on Drug Use and Health, in 2008 in the United States, there were an estimated 25,768,000 users of marijuana, 5,255,000 users of cocaine, 850,000 users of methamphetamine, and 453,000 users of heroin. (2) Nearly 100 percent of the United States cocaine supply originates in the Andean countries of Bolivia, Colombia, and Peru and over 90 percent of the United States heroin supply originates in Colombia and Mexico. (3) In those countries, the cultivation, production and trafficking of cocaine and heroin generate violence, instability and corruption. (4) In the transit countries of Central America, Mexico, Venezuela, Ecuador, Haiti, and other Caribbean countries, drug trafficking is central to the growing strength of organized criminals to threaten local and national law enforcement, political institutions, citizen security, rule of law, and United States security and interests. (5) Drug-related violence is on the rise in Mexico and along the United States-Mexico border. 5,661 people died in Mexico in 2008 alone as a result of drug-related violence. This is more than double the 2007 total of 2,773. (6) According to the Department of State's June 2009 Trafficking in Persons report, organized criminal networks in Mexico also ``traffic Mexican women and girls into the United States for commercial sexual exploitation''. (7) Extremist groups and their supporters in the Western Hemisphere, including the Revolutionary Armed Forces of Colombia (FARC) and Hezbollah, often use drug trafficking to finance terrorist activities. (8) From 1980-2008, United States counternarcotics assistance from the State and Defense Departments to Latin America and the Caribbean totaled about $11,300,000,000. SEC. 3. ESTABLISHMENT OF WESTERN HEMISPHERE DRUG POLICY COMMISSION. There is established an independent commission to be known as the ``Western Hemisphere Drug Policy Commission'' (in this Act referred to as the ``Commission''). SEC. 4. PURPOSE. The Commission shall review and evaluate United States policy regarding illicit drug supply reduction and interdiction, with particular emphasis on international drug policies and programs directed toward the countries of the Western Hemisphere, along with foreign and domestic demand reduction policies and programs. The Commission shall identify policy and program options to improve existing international and domestic counternarcotics policy. SEC. 5. DUTIES OF THE COMMISSION. (a) Review of Illicit Drug Supply Reduction and Demand Reduction Policies.--The Commission shall conduct a comprehensive review of United States policy regarding illicit drug supply reduction, interdiction, and demand reduction policies and shall, at a minimum, address the following topics: (1) An assessment of United States international illicit drug control policies in the Western Hemisphere. (2) An assessment of drug interdiction efforts, crop eradication programs, and the promotion of economic development alternatives to illicit drugs. (3) The impact of the Andean Counterdrug Initiative (ACI), the Merida Initiative, the Caribbean Basin Security Initiative, and other programs in curbing drug production, drug trafficking, and drug-related violence in the Western Hemisphere. (4) An assessment of how to better deploy and employ available technology to target major drug cartels. (5) An assessment of efforts to curb the trafficking of chemical precursors for illicit drugs. (6) An assessment of how the United States drug certification process serves United States interests with respect to United States international illicit drug control policies. (7) An assessment of the nature and extent of the United States population's demand for illicit drugs. (8) An assessment of United States drug prevention and treatment programs, including anti-drug coalitions, drug courts, and programs aimed at preventing recidivism. (9) An assessment of the extent to which the consumption of illicit drugs in the United States is driven by individuals addicted to or abusive of illicit drugs, and the most effective experiences in the United States and throughout the world in treating those individuals and reducing the damage to themselves and to society. (10) Recommendations on how best to improve United States policies aimed at reducing the supply of and demand for illicit drugs. (11) Assessing the value of supporting relevant government entities and nongovernmental institutions in other countries of the Western Hemisphere in promoting the reduction of supply of and demand for illicit drugs. (12) An assessment of whether the proper indicators of success are being used in United States illicit drug control policy. (b) Coordination With Governments, International Organizations, and Nongovernmental Organizations (NGOs) in the Western Hemisphere.--In conducting the review required under subsection (a), the Commission shall consult with-- (1) government, academic, and nongovernmental leaders, as well as leaders from international organizations, from throughout the United States, Latin America, and the Caribbean; and (2) the Inter-American Drug Abuse Control Commission (CICAD) to examine what changes would increase its effectiveness. (c) Report.-- (1) In general.--Not later than 12 months after the first meeting of the Commission, the Commission shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, the Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, the Attorney General, and the Director of the Office of National Drug Control Policy (ONDCP) a report that contains a detailed statement of the recommendations, findings, and conclusions of the Commission, including summaries of the input and recommendations of the leaders and organizations with which is consulted under subsection (b). (2) Public availability.--The report required under this subsection shall be made available to the public. SEC. 6. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of ten members, to be appointed as follows: (1) The majority leader and minority leader of the Senate shall each appoint two members. (2) The Speaker and the minority leader of the House of Representatives shall each appoint two members. (3) The President shall appoint two members. (b) Appointments.--The Commission may not include Members of Congress or other currently elected Federal, State, or local government officials. (c) Period of Appointment.--Each member shall be appointed for the life of the Commission. Any vacancies shall not affect the power and duties of the Commission, but shall be filled in the same manner as the original appointment. (d) Date.--Members of the Commission shall be appointed not later than 30 days after the date of the enactment of this Act. (e) Initial Meeting and Selection of Chairperson.--Not later than 60 days after the date of the enactment of this Act, the Commission shall hold an initial meeting to develop and implement a schedule for completion of the review and report required under section 5. At the initial meeting, the Commission shall select a Chairperson from among its members. (f) Quorum.--Six members of the Commission shall constitute a quorum. (g) Travel Expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Commission. SEC. 7. POWERS. (a) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members. (b) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. (c) Other Resources.--The Commission shall have reasonable access to documents, statistical data, and other such information the Commission determines necessary to carry out its duties from the Library of Congress, the Office of National Drug Control Policy, the Department of State, the Department of Health and Human Services, the Department of Justice, the Drug Enforcement Administration, the Department of Defense (including the United States Southern Command), and other agencies of the executive and legislative branches of the Federal Government. The Chairperson of the Commission shall make requests for such access in writing when necessary. The General Services Administration (GSA) shall make office space available for day-to-day Commission activities and for scheduled Commission meetings. Upon request, the Administrator of General Services shall provide, on a reimbursable basis, such administrative support as the Commission requests to fulfill its duties. (d) Authority to Use the United States 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. (e) Authority to Contract.--Subject to the Federal Property and Administrative Services Act of 1949, the Commission is authorized to enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties and responsibilities. A contract, lease, or other legal agreement entered into by the Commission may not extend beyond the date of termination of the Commission. SEC. 8. STAFF. (a) Executive Director.--The Commission shall have a staff headed by an Executive Director. The Executive Director and such staff as is needed shall be paid at a rate not more than the rate of pay for level IV of the Executive Schedule. (b) Staff Appointment.--With the approval of the Commission, the Executive Director may appoint such personnel as the Executive Director determines to be appropriate. The Commission may appoint and fix the compensation of such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. (c) Experts and Consultants.--With the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the personnel. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $2,000,000 to carry out this Act. (b) Availability.--Amounts appropriated pursuant to subsection (a) shall remain available, without fiscal year limitation, until expended. SEC. 10. SUNSET. The Western Hemisphere Drug Policy Commission shall terminate 60 days after the submission to Congress of its report under section 5(c). Passed the House of Representatives December 8, 2009. Attest: LORRAINE C. MILLER, Clerk.

Western Hemisphere Drug Policy Commission Act of 2009 - Establishes the Western Hemisphere Drug Policy Commission, which shall: (1) review and evaluate U.S. policy regarding illicit drug supply reduction and interdiction, with particular emphasis on international drug policies and programs directed toward the countries of the Western Hemisphere; (2) review and evaluate foreign and domestic demand reduction policies and programs; and (3) identify policy and program options to improve existing international and domestic counternarcotics policy. Sets forth Commission duties. Authorizes appropriations. Terminates the Commission 60 days after submission of the report required under this Act.

To establish the Western Hemisphere Drug Policy Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Cooperation Against Terrorism Act of 2002''. SEC. 2. ELECTRONIC TRANSMISSION OF PASSENGER MANIFESTS. Section 44909(c) of title 49, United States Code, is amended by adding at the end the following new paragraph: ``(6) Penalties.--In addition to any other penalties, any air carrier or foreign air carrier that does not electronically transmit data through the advanced passenger information system established under section 431 of the Tariff Act of 1930 (19 U.S.C. 1431) (``APIS'') shall be subject to the following penalties: ``(A) Within 60 days after the date of enactment of the International Cooperation Against Terrorism Act of 2002, a fine of $5,000 for every flight of that carrier that does not submit complete and accurate data in the electronic manifest for at least 85 percent of the passengers and crew of such flight. ``(B) Within 120 days after the date of enactment of the International Cooperation Against Terrorism Act of 2002, a fine of $7,000 for every flight of that carrier that does not submit complete and accurate data in the electronic manifest for 100 percent of the passengers and crew of such flight. ``(C) Within 210 days after the date of enactment of the International Cooperation Against Terrorism Act of 2002, the United States Customs Service shall revoke the landing rights of an air carrier or foreign air carrier that does not submit complete and accurate data in the electronic manifest for 100 percent of the passengers and crew of every flight of such carrier.''. SEC. 3. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR AIR CARGO. Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 1431(b)) is amended-- (1) by striking ``Any manifest'' and inserting ``(1) In general.--Any manifest''; and (2) by adding at the end the following new paragraph: ``(2) Cargo manifest.-- ``(A) Requirement.--In addition to any other requirement under this section, the pilot, operator, or owner (or the authorized agent of such owner or operator) of every aircraft required to make entry or obtain clearance under the customs laws of the United States shall electronically transmit the cargo manifest information described in subparagraph (B) in advance of such entry or clearance in such manner, time, and form as the Secretary shall prescribe. The Secretary may exclude any class of aircraft from the requirements of this subparagraph if the Secretary determines that such requirements are not necessary. ``(B) Content.--The cargo manifest for each aircraft shall consist of the following information: ``(i) The port or place of arrival or departure. ``(ii) The carrier code, prefix code, or both. ``(iii) The flight, voyage, or trip number. ``(iv) The date of scheduled arrival or date of scheduled departure. ``(v) The request for permit to proceed to the destination, if applicable. ``(vi) The numbers and quantities from the air carrier's master bill of lading. ``(vii) The first port of lading of the cargo. ``(viii) A description, including the weight, of any cargo that is not in a sealed container. ``(ix) The shipper's declared description, including the weight, of any cargo that is in a sealed container. ``(x) The shippers name and address from all bills of lading. ``(xi) The consignee's name and address from all bills of lading. ``(xii) Information regarding any discrepancies between the quantities listed on the bill of lading and the actual quantity on board. ``(xiii) Transfer or transit information for the cargo while it has been under the control of the air carrier. ``(xiv) Warehouse or other location of the cargo while it has been under the control of the air carrier. ``(xv) Any additional information that the Secretary by regulation determines is reasonably necessary to ensure aviation transportation safety. ``(C) Certain verification not required.--Nothing in subparagraph (B)(xii), shall require an air carrier to verify boarded quantities of cargo in sealed containers. ``(D) Notice.--The Commissioner of Customs shall notify all air carriers of the requirements of this paragraph. ``(E) Enforcement.--In addition to any other penalties, any air carrier that does not comply with the requirements of this paragraph shall be subject to the following penalties: ``(i) Within 60 days after the date of enactment of the International Cooperation Against Terrorism Act of 2002, a fine of $5,000 for every flight of that carrier that does not submit complete and accurate data for at least 85 percent of the cargo of such flight. ``(ii) Within 120 days after the date of enactment of the International Cooperation Against Terrorism Act of 2002, a fine of $7,000 for every flight of that carrier that does not submit complete and accurate data for 100 percent of the cargo of such flight. ``(iii) Within 210 days after the date of enactment of the International Cooperation Against Terrorism Act of 2002, the United States Customs Service shall revoke the landing rights of the air carrier that does not submit complete and accurate data for 100 percent of the cargo of every flight of such carrier. ``(F) Definition.--In this paragraph, the term `air carrier' has the meaning given the terms `air carrier' and `foreign air carrier' in section 40102 of title 49, United States Code.''. SEC. 4. OVERSIGHT OF CHARITABLE ORGANIZATIONS CONNECTED TO TERRORIST ACTIVITIES. (a) Reporting Requirements.--The President, in consultation with the task force described in subsection (b)(1), is authorized to conclude agreements with foreign countries under which the governments of those countries agree to require each qualified charitable organization operating in any of those countries to report-- (1) the overall sources of the organization's funds, including amounts received from fundraising, amounts received from sales, and amounts received from the holding of events; (2) the names of the organization's officers and directors; (3) an itemization of the organization's expenses; and (4) a description of all lobbying and political activities of the organization. (b) Task Force.-- (1) In general.--The task force referred to in subsection (a) means an interagency task force consisting of 3 representatives from each of the Department of State, the Department of the Treasury, and the Department of Justice for the purpose of coordinating the activities of the United States Government with respect to the activities of charitable organizations abroad. (2) International cooperation.--The members of the task force shall cooperate with appropriate counterpart representatives of any foreign country with which the United States seeks to conclude, or to implement, an agreement under subsection (a). (c) Report.--The task force described in subsection (b) shall report to the Speaker of the House of Representatives and the President pro tempore of the Senate on its progress not later than 6 months after the date of enactment of this Act and every 6 months thereafter on its progress. Each such report shall include a list of countries that are cooperating with the task force and a description of the degree of cooperation or noncooperation of the foreign countries with which the President has sought to conclude an agreement under subsection (a). (d) Qualified Charitable Organization Defined.--In this section, the term ``qualified charitable organization'' means a charitable organization that has been identified by the task force as an organization that sponsors, funds, receives funds from, or supports terrorist organizations. SEC. 5. EXPORT LICENSE REQUIRED. Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) is amended-- (1) by amending paragraph (1), to read as follows: ``(1) A validated license shall be required for the export of goods or technology to a country if the Secretary of State determines that-- ``(A) the government of such country-- ``(i) is not cooperating with the United States antiterrorism efforts, including failing to freeze the bank accounts of entities supporting terrorist activities, or failing to share intelligence information regarding terrorist organizations with the United States; or ``(ii) has repeatedly provided support for acts of international terrorism; and ``(B) with respect to a country described in subparagraph (A), the export of such goods or technology could make a significant contribution to-- ``(i) the military potential of such country, including its military logistics capability, or could enhance the ability of such country to support acts of international terrorism; or ``(ii) the development of the country's ability to explore for, extract, refine, or transport petroleum or natural gas.''; (2) in paragraph (2), by striking ``Foreign Affairs'' and inserting ``International Relations and the Committee on Ways and Means''; (3) in paragraph (4), in the matter preceding subparagraph (A), by inserting ``, chairman of the Committee on Ways and Means, and the chairman of the Committee on International Relations'' after ``the Speaker''; (4) in paragraph (4)(A)-- (A) by inserting ``at least 45 days'' after ``(A)''; (B) in clause (ii), by striking ``and''; (C) in clause (iii), by striking ``or''; and (D) by adding at the end the following: ``(iv) that government is cooperating with United States antiterrorism efforts; and ``(v) that government has provided assurances that it will cooperate with future efforts to fight terrorism; or''; (5) in paragraph (4)(B)-- (A) in clause (i), by striking ``and''; (B) in clause (ii), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(iii) the government concerned has taken action to cooperate with antiterrorism efforts during the preceding 6-month period; and ``(iv) the government concerned has provided assurances that it will support efforts to fight terrorism in the future.''; and (6) in paragraph (5)-- (A) in subparagraph (E), by striking ``and''; (B) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(G) an analysis of the impact of the proposed export or transfer on the development of the foreign country's ability to explore for, extract, refine, or transport petroleum or natural gas and the effects on the surrounding countries' petroleum or natural gas resources and the ability to explore for these resources.''. SEC. 6. CONDITIONAL SANCTIONS REGARDING INVESTMENT. (a) Foreign Investment Controls.-- (1) In general.--Notwithstanding any other provision of law, a validated license shall be required for the financial investment by a United States person in a foreign country if the President determines that the government of such country is not cooperating with United States antiterrorism efforts, including freezing the bank accounts of entities supporting terrorist activities, and sharing intelligence information regarding terrorist organizations with the United States. (2) United states person defined.--In this section, the term ``United States person'' means-- (A) a United States citizen; (B) a partnership, corporation, or other legal entity organized under the laws of the United States; or (C) a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by entities described in subparagraph (B) or United States citizens, or both. (b) Prohibition on Licenses.--A license described in subsection (a) shall not be issued if the President determines that the proposed financial investment would make a significant contribution to-- (1) the military potential of the foreign country, including its military logistics capability; or (2) the development of the foreign country's ability to explore for, extract, refine, or transport petroleum or natural gas. (c) Publication.--Each determination of the President under subsection (a), shall be published in the Federal Register. (d) Notification.--The President shall notify the Committee on International Relations and the Committee on Ways and Means of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate at least 30 days before issuing any validated license required by subsection (a). (e) Content of Notification.--The President shall include in the notification required by subsection (d)-- (1) a detailed description of the investment to be offered for which a license to invest is sought; (2) the reasons why the foreign country or international organization to which the investment is proposed to be made needs the investment and a description of the manner in which such country or organization intends to use such investment; (3) an analysis of the impact of the proposed investment on the military capabilities of the foreign country or international organization to which such investment would be made; (4) an analysis of the manner in which the proposed investment would affect the relative military strengths of countries in the region to which the investment is being delivered and whether other countries in the region have comparable kinds and amounts of investments; (5) an analysis of the impact of the proposed investment on the development of the foreign country's ability to explore for, extract, refine, or transport by petroleum or natural gas and the effects on the surrounding countries' petroleum or natural gas resources and ability to explore for these resources; and (6) an analysis of the impact of the proposed investment on the United States relations with the countries in the region to which the investment is being delivered. (f) Rescission.--A determination made by the President under subsection (a) may not be rescinded unless the President submits to the chairman of the Committee on International Relations and to the chairman of the Committee on Ways and Means of the House of Representatives, to the chairman of the Committee on Banking, Housing, and Urban Affairs and the chairman of the Committee on Foreign Relations of the Senate, at least 45 days before the proposed rescission would take effect, a report certifying that-- (1) there has been a fundamental change in the policies of the government of the country concerned; (2) the government is cooperating with United States antiterrorism efforts; (3) the government has provided assurances that it will cooperate with future efforts to fight terrorism; or (4) the reasons why the proposed investment is in the national security interest of the United States. SEC. 7. ANNUAL REPORT. The President shall, not later than 30 days after the date of enactment of this Act, and not later than December 31 of each year thereafter, submit a report to the Committee on International Relations and the Committee on Ways and Means of the House of Representatives, and to the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate, evaluating the implementation of the provisions of the International Cooperation Against Terrorism Act of 2002 and the amendments made by such Act.

International Cooperation Against Terrorism Act of 2002 - Amends Federal aviation law to establish certain civil penalties for domestic and foreign air carriers which do not transmit passenger and crew manifest data electronically for each flight through the advanced passenger information system (APIS) to the Commissioner of Customs.Amends the Tariff Act of 1931 to require the pilot, operator, or owner of every aircraft required to make entry or obtain clearance under the U.S. customs laws to transmit certain cargo manifest information electronically in advance in the manner, time, and form the Secretary of the Treasury shall prescribe. Specifies civil penalties for noncompliance with such requirements.Authorizes the President to conclude agreements with foreign countries in which such countries agree to require charitable organizations identified as supporting terrorist organizations to report certain information, including the overall sources of organization funds.Amends the Export Administration Act of 1979 to revise the requirement of a validated license for the export of goods or technology to a foreign country supporting international terrorism. Extends such requirement to a country if the Secretary of State determines that: (1) the government of the country is not cooperating with U.S. antiterrorism efforts, including failing to freeze the bank accounts of entities supporting terrorist activities, or failing to share intelligence information regarding terrorist organizations with the United States; and (2) the export to the country of such goods or technology could make a significant contribution to the development of the country's ability to explore for, extract, refine, or transport petroleum or natural gas.Requires a validated license for the financial investment by a U.S. person in a foreign country if the President makes determinations about the country similar to those relating to the export of goods or technology.

A bill to improve antiterrorism efforts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Technology Innovation and Defense Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the Federal Government should prioritize the investigation of terrorist and illicit use of new financial technology, including digital currencies. SEC. 3. INDEPENDENT FINANCIAL TECHNOLOGY TASK FORCE. (a) Establishment.--There is established the Independent Financial Technology Task Force (the ``Task Force''), which shall consist of-- (1) the Secretary of the Treasury, who shall serve as the head of the Task Force; (2) the Attorney General; (3) the Director of the Central Intelligence Agency; (4) the Director of the Financial Crimes Enforcement Network; (5) the Director of the Secret Service; (6) the Director of the Federal Bureau of Investigations; and (7) 4 individuals appointed by the Secretary of the Treasury to represent the private sector (including the banking industry, non-profit groups, and think tanks). (b) Duties.--The Task Force shall-- (1) conduct independent research on terrorist and illicit use of new financial technologies, including digital currencies; and (2) develop legislative and regulatory proposals to improve counter-terrorist and counter-illicit financing efforts. (c) Annual Congressional Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Task Force shall issue a report to the Congress containing the findings and determinations made by the Task Force in the previous year and any legislative and regulatory proposals developed by the Task Force. SEC. 4. REWARDS FOR INFORMATION RELATED TO TERRORIST USE OF DIGITAL CURRENCIES. (a) In General.--The Secretary of the Treasury, in consultation with the Attorney General, shall establish a program to pay a reward to any person who provides information leading to the conviction of an individual involved with terrorist use of digital currencies. (b) Use of Appropriated Funds.--To the extent provided in advance by appropriation Acts, the Secretary may use appropriated funds to pay a reward under this section with respect to information leading to a conviction described under subsection (a) if the amount of fines and forfeitures related to such conviction are not sufficient to pay such reward. (c) Use of Fines and Forfeitures.--With respect to fines and forfeitures related to the conviction of an individual involved with terrorist use of digital currencies, the Secretary of the Treasury shall, without further appropriation or fiscal year limitation-- (1) use such amounts to pay rewards under this section related to such conviction; (2) with respect to any such amounts remaining after payments are made under paragraph (1), repay to the general fund of the Treasury-- (A) any reward amounts paid using appropriated funds under subsection (b); and (B) the amount of any funds appropriated to the FinTech Leadership in Innovation Fund established under section 5; and (3) with respect to any such amounts remaining after payments are made under paragraphs (2) and (3), deposit such amounts in the FinTech Leadership in Innovation Fund. SEC. 5. FINTECH LEADERSHIP IN INNOVATION FUND. (a) Establishment.--There is established a fund to be known as the ``FinTech Leadership in Innovation Fund'', which shall be available to the Secretary of the Treasury, without further appropriation or fiscal year limitation, to carry out this section. (b) Innovation Grants.-- (1) In general.--The Secretary of the Treasury shall make grants for the development of tools and programs to detect terrorist and illicit use of digital currencies. (2) Eligible recipients.--The Secretary may make grants under this subsection to entities located in the United States, including academic institutions, companies, non-profit institutions, individuals, and any other entities locating in the United States that the Secretary determines appropriate. (3) Eligible projects.--With respect to tools and programs described under paragraph (1), in addition to grants for the development of such tools and programs, the Secretary may make grants under this subsection to carry out pilot programs using such tools, the development of test cases using such tools, and research related to such tools. (4) Preferences.--In making grants under this subsection, the Secretary shall give preference to-- (A) technology that is non-proprietary or that is community commons-based; (B) computer code that is developed and released on an open source basis; and (C) tools that are proactive (such as meeting regulatory requirements under ``know your customer'' and anti-money laundering requirements for any entity that has to comply with U.S. Government regulations) vs. reactive (such as aiding law enforcement organizations in catching illegal activity after the fact). (5) Other requirements.-- (A) Use of existing global standards.--Any new technology developed with a grant made under this subsection shall be based on existing global standards, such as those developed by the Internet Engineering Task Force (IETF) and the World Wide Web Consortium (W3C). (B) Supporting existing laws or regulations.--Tools and programs developed with a grant made under this subsection shall be in support of existing laws or regulations, including the Bank Secrecy Act. (C) Open access requirement.--Tools and programs developed with a grant made under this subsection shall be freely accessible and usable by the public. This requirement may be fulfilled by publicly availing application programming interfaces or software development kits. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Bank secrecy act.--The term ``Bank Secrecy Act'' means-- (A) section 21 of the Federal Deposit Insurance Act; (B) chapter 2 of title I of Public Law 91-508; and (C) subchapter II of chapter 53 of title 31, United States Code. (2) Digital currency.--The term ``digital currency''-- (A) means a digital representation of value that-- (i) is used as a medium of exchange, unit of account, or store of value; and (ii) is not legal tender, whether or not denominated in legal tender; and (B) does not include-- (i) a transaction in which a merchant grants, as part of an affinity or rewards program, value that cannot be taken from or exchanged with the merchant for legal tender, bank credit, or digital currency; or (ii) a digital representation of value issued by or on behalf of a publisher and used solely within an online game, game platform, or family of games sold by the same publisher or offered on the same game platform. (3) Terrorist.--The term ``terrorist'' includes a person carrying out domestic terrorism or international terrorism (as such terms are defined, respectively, under section 2331 of title 18, United States Code).

Financial Technology Innovation and Defense Act This bill provides for the investigation of new financial technologies (e.g., digital currencies) and their use in terrorism and other illicit activities. Specifically, the bill: establishes the Independent Financial Technology Task Force, which must report annually on such matters; establishes the FinTech Leadership in Innovation Fund to support the development of tools and programs to detect such activity; and directs the Department of the Treasury to provide a reward for a person who provides information regarding terrorist use of digital currencies.

Financial Technology Innovation and Defense Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Birmingham Civil Rights National Historical Park''. SEC. 2. FINDINGS. Congress finds the following: (1) The Birmingham Civil Rights District is an area of downtown Birmingham, Alabama, where significant events in the American Civil Rights Movement of the 1950s and 1960s took place. Many sites in this area are listed on the National Register of Historic Places, including the A.G. Gaston Motel, Kelley Ingram Park, 16th Street Baptist Church, Bethel Baptist Church, the 4th Avenue Historic District, and the Birmingham Civil Rights Institute. (2) In the 1960s, Birmingham was regarded as one of the most segregated cities in the South. Parks, pools, playgrounds, hotels, theaters, and elevators were segregated by race. Discrimination extended to public housing and employment. Despite some change in the early 1950s, segregation remained firmly in place and violence was frequently used to maintain the status quo. (3) From 1945 to 1963, Birmingham witnessed 60 bombings of African-American homes, businesses, and churches designed to intimidate Civil Rights advocates. The violence earned the City the nickname ``Bombingham''. In early 1963, Alabama Governor George Wallace declared, ``Segregation Now! Segregation tomorrow! Segregation Forever!''. (4) In the spring of 1963, Reverend Fred Shuttlesworth requested that the Southern Christian Leadership Conference (SCLC) make the City of Birmingham the epicenter for an ambitious new Civil Rights campaign. ``Project C'' (C for confrontation) was designed to eliminate segregation through mass protests, marches, and sit-ins. The A.G. Gaston Motel served as headquarters for Project C, and was home base for much of the SCLC leadership including Dr. King. (5) The A.G. Gaston Motel opened in 1954 and was regarded as a ``historic monument to black entrepreneurship'' in a time of racial segregation. The Motel was built and owned by Arthur George Gaston (1892-1996), a prominent African-American businessman, and is listed on the National Register of Historic Places. (6) The Project C campaign began on April 6, 1963, when police arrested 45 protestors who marched from the A.G. Gaston Motel to downtown Birmingham. One week later, during the Good Friday march, Dr. Martin Luther King, Jr., was arrested and jailed by Birmingham police. While in prison, Dr. King wrote his famous ``Letter from a Birmingham Jail''. He wrote the letter as a response to the ``Call to Unity'' statement from eight White Alabama clergymen who opposed segregation. They believed that the battle for equality should be fought in the courts, not by outsiders trying to stir up civil unrest. As a response, Dr. King wrote ``I am in Birmingham because injustice is here.''. (7) Phase two of Project C began in May of 1963 with a series of mass protests in which children played a leading role. On May 2, 1963, over 900 children were arrested by police, overwhelming the capacity of the City's jails. In response, Birmingham Commissioner of Public Safety Bull Connor ordered firefighters and police to prevent new waves of marchers from leaving Kelly Ingram Park. (8) On May 3, 1963, youth protestors in Kelly Ingram Park were violently dispersed by police dogs and powerful water cannons. Images of the brutal police response to peaceful protestors spread across the country, shocking the conscience of the Nation and the world. (9) Fearing civil unrest and unrepairable damage to the City's reputation, the Birmingham business community and local leaders agreed to release the peaceful protestors, integrate lunch counters, and begin to hire African-Americans. On May 10, 1963, the A.G. Gaston Motel served as the site to announce this compromise between local White leaders and civil rights advocates. The Motel was bombed later that day. (10) Amid continued racial tensions, on September 15, 1963, a bomb detonated at the 16th Street Baptist Church as children were entering the basement on their way to worship. Addie Mae Collins, Carole Robinson, and Cynthia Wesley, who were all 14, and Denise McNair, 11, were tragically killed. The explosion injured 22 others and left significant damage to the church. Dr. Martin Luther King, Jr., travelled to Birmingham to deliver the eulogy for the four little girls. This act of domestic terrorism shocked the conscience of the Nation and the world, and became a galvanizing force for the passage of historic Civil Rights Act of 1964. (11) Located just south of 16th Street Baptist Church is the 4th Avenue Historic District. The district was the center for Black-owned businesses, which served Black customers during the City's long period of enforced segregation. Specifically, the district was the home of one of the most well-known African-American owned radio stations in the state. Black radio stations and disc jockeys played a critical role in mobilizing support for the civil rights movement. DJs sent coded messages as to the whereabouts of police, roadblock locations, and rally information. (12) Also located in Birmingham is Bethel Baptist Church. Led by Reverend Fred Shuttlesworth, this church served as the headquarters for the Alabama Christian Movement for Human Rights from 1956 to 1961. It was also a place of refuge for displaced and injured members of the 1961 Freedom Ride, and was the target of multiple bombings in the 1950s and 1960s. Reverend Shuttlesworth's church, as well as many other Birmingham Churches such as the New Pilgrim Baptist Church, hosted mass meetings leading up to many of the civil rights marches throughout the City. The students and faculty of Miles College, a Historically Black College in the Birmingham area, supplemented the efforts of the local churches. Miles College was one of the few institutions of higher education open to African-Americans in the area, and produced many community leaders. (13) In 1992, decades after the Civil Rights Movement, the Birmingham Civil Rights Institute opened its doors. The Institute stands at the center of the Birmingham Civil Rights District, acting as a hub for children, students, adults, and scholars who come to learn about the American Civil Rights Movement. The 27,000-square-foot permanent gallery within the Institute was designed to bring visitors back to the 1950s when Birmingham was deeply segregated. The Institute serves more than 140,000 individuals each year, and encourages new generations to examine our country's civil rights history, as well as issues such as equality and justice. (14) The preservation, historic interpretation, and management of the Birmingham Civil Rights National Historical Park's important historical resources require the collaboration of Federal and municipal entities, as well as community organizations. SEC. 3. ESTABLISHMENT OF THE BIRMINGHAM CIVIL RIGHTS NATIONAL HISTORICAL PARK IN BIRMINGHAM, ALABAMA. (a) Establishment and Purpose.--There is hereby established Birmingham Civil Rights National Historical Park in Birmingham, Alabama, for the purposes of-- (1) preserving and interpreting for the benefit of present and future generations the significant civil rights history in the Birmingham Civil Rights National Historical Park; (2) coordinating preservation, catalyzing economic revitalization, and facilitating interpretive efforts by Federal, State, or local governmental entities, and/or private and nonprofit organizations; and (3) creating appropriate collaborative management to ensure the preservation and interpretation of the park's historical significance. (b) Boundaries.--The Park shall consist of those lands and interests in lands, including buildings, within the areas generally depicted as ``Bethel Baptist Church'' and ``Birmingham Civil Rights Historic District'' on the map entitled ``Civil Rights District'' and dated March 2, 2016. (c) Acquisition of Land.--The Secretary may acquire additional buildings, assets, and lands and interests in lands for addition to the park by donation, transfer, or exchange only. At no time shall the park consist of more than 11 acres. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the Park in accordance with this Act and laws generally applicable to units of the National Park System. Nothing in this Act shall modify any authority of the United States to carry out Federal laws on Federal land located within the Park. (b) Cooperative Agreement.--The Secretary may enter into cooperative agreements with Federal, State, City, or other public and non-profit institutions under which the Secretary may identify, interpret, and provide assistance for the preservation of non-Federal properties within the Park and at sites in close proximity to the Park, including providing for placement of directional and interpretive signage, exhibits, and technology-based interpretive devices. (c) Management Plan.--Not later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary, in consultation with the City, shall complete a general management plan for the Park in accordance with applicable laws, including section 100502 of title 54, United States Code. SEC. 5. DEFINITIONS. For the purposes of this Act: (1) City.--The term ``City'' means the city of Birmingham, Alabama. (2) Park.--The term ``Park'' means the Birmingham Civil Rights National Historical Park. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Birmingham Civil Rights National Historical Park This bill establishes the Birmingham Civil Rights National Historical Park in Birmingham, Alabama, to: (1) preserve and interpret its civil rights history; and (2) coordinate its preservation, catalyze economic revitalization, and facilitate interpretive efforts by government, private, or nonprofit entities. The Department of the Interior shall administer the park. Interior must also complete a general management plan in consultation with the city of Birmingham.

Birmingham Civil Rights National Historical Park

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bay Area Regional Water Recycling Program Expansion Act of 2009''. SEC. 2. PROJECT AUTHORIZATIONS. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) (as amended by section 512(a) of the Consolidated Natural Resources Act of 2008) is amended by adding at the end the following: ``SEC. 1649. CCCSD-CONCORD RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the Central Contra Costa Sanitary District, California, is authorized to participate in the design, planning, and construction of recycled water distribution systems. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,800,000. ``SEC. 1650. CENTRAL DUBLIN RECYCLED WATER DISTRIBUTION AND RETROFIT PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the Dublin San Ramon Services District, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,150,000. ``SEC. 1651. PETALUMA RECYCLED WATER PROJECT, PHASES 2A, 2B, AND 3. ``(a) Authorization.--The Secretary, in cooperation with the City of Petaluma, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $6,000,000. ``SEC. 1652. CENTRAL REDWOOD CITY RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Redwood City, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $8,000,000. ``SEC. 1653. PALO ALTO RECYCLED WATER PIPELINE PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Palo Alto, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $8,250,000. ``SEC. 1654. IRONHOUSE SANITARY DISTRICT (ISD) ANTIOCH RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the Ironhouse Sanitary District (ISD), California, is authorized to participate in the design, planning, and construction of recycled water distribution systems. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $7,000,000.''. (b) Project Implementation.--In carrying out sections 1642 through 1648 of the Reclamation Wastewater and Groundwater Study and Facilities Act, and sections 1649 through 1654 of such Act, as added by subsection (a), the Secretary shall enter into individual agreements with the San Francisco Bay Area Regional Water Recycling implementing agencies to fund the projects through the Bay Area Clean Water Agencies (BACWA) or its successor, and shall include in such agreements a provision for the reimbursement of construction costs, including those construction costs incurred prior to the enactment of this Act. (c) Clerical Amendments.--The table of contents of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371) (as amended by section 512(a) of the Consolidated Natural Resources Act of 2008) is amended by inserting after the item relating to section 1648 the following new items: ``Sec. 1649. CCCSD-Concord recycled water project. ``Sec. 1650. Central Dublin recycled water distribution and retrofit project. ``Sec. 1651. Petaluma recycled water project, phases 2a, 2b, and 3. ``Sec. 1652. Central Redwood City recycled water project. ``Sec. 1653. Palo Alto recycled water pipeline project. ``Sec. 1654. Ironhouse Sanitary District (ISD) Antioch recycled water project.''. SEC. 3. MODIFICATION TO AUTHORIZED PROJECTS. (a) Antioch Recycled Water Project.--Section 1644(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-27) (as amended by section 512(a) of the Consolidated Natural Resources Act of 2008) is amended by striking ``$2,250,000'' and inserting ``$3,125,000''. (b) South Bay Advanced Recycled Water Treatment Facility.--Section 1648(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-31) (as amended by section 512(a) of the Consolidated Natural Resources Act of 2008) is amended by striking ``$8,250,000'' and inserting ``$13,250,000''.

Bay Area Regional Water Recycling Program Expansion Act of 2009 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of: (1) recycled water distribution systems in California in cooperation with the Central Contra Costa Sanitary District and the Ironhouse Sanitary District; and (2) recycled water system facilities in California in cooperation with the Dublin San Ramon Services District, the city of Petaluma, Redwood City, and the city of Palo Alto. Limits the federal share of each project to 25%. Prohibits the Secretary from providing funds for project operation and maintenance. Directs the Secretary to: (1) enter into individual agreements with the San Francisco Bay Area Regional Water Recycling implementing agencies to fund specified projects under such Act through the Bay Area Clean Water Agencies; and (2) include in such agreements a provision for the reimbursement of construction costs. Increases the authorization of appropriations for the design, planning, and construction of: (1) recycled water system facilities in cooperation with the city of Antioch, California; and (2) recycled water treatment facilities in cooperation with the city of San Jose, California, and the Santa Clara Valley Water District.

A bill to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to expand the Bay Area Regional Recycling Program, and for other purposes.

SECTION 1. PAYMENT OF NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE PROVIDERS. (a) Payment of Providers.-- (1) In general.--Subchapter I of chapter 17 of title 38, United States Code is amended by inserting after section 1703 the following new section: ``Sec. 1703A. Payment of non-Department health care providers ``(a) Prompt Payment Compliance.--The Secretary shall ensure that payments made to non-Department health care providers, including under the Veterans Choice Program established by section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note), comply with chapter 39 of title 31 (commonly referred to as the `Prompt Payment Act') and the requirements of this section. If there is a conflict between the requirements of the Prompt Payment Act and the requirements of this section, the Secretary shall comply with the requirements of this section. ``(b) Payment Schedule.--(1) The Secretary shall reimburse a non- Department health care provider for care or services furnished under the laws administered by the Secretary-- ``(A) in the case of a clean claim submitted to the Secretary electronically, not later than 30 days after receiving the claim; or ``(B) in the case of a clean claim submitted to the Secretary in a manner other than electronically, not later than 45 days after receiving the claim. ``(2)(A) If the Secretary determines that a claim received from a non-Department health care provider is a non-clean claim, the Secretary shall submit to the provider, not later than 10 days after receiving the claim-- ``(i) a notification that the claim is a non-clean claim; ``(ii) an explanation of why the claim has been determined to be a non-clean claim; and ``(iii) an identification of the information or documentation that is required to make the claim a clean claim. ``(B) If the Secretary does not comply with the requirements of subparagraph (A) with respect to a claim, the claim shall be deemed a clean claim for purposes of paragraph (1). ``(3) Upon receipt by the Secretary of information or documentation described in subparagraph (A)(iii) with respect to a claim, the Secretary shall reimburse a non-Department health care provider-- ``(A) in the case of a claim submitted to the Secretary electronically, not later than 30 days after receiving such information or documentation; or ``(B) in the case of claim submitted to the Secretary in a manner other than electronically, not later than 45 days after receiving such information or documentation. ``(4) If the Secretary fails to comply with the deadlines for payment set forth in this subsection with respect to a claim, interest shall accrue on the amount owed under such claim in accordance with section 3902 of title 31. ``(c) Information and Documentation Required.--(1) Pursuant to regulations prescribed by the Secretary, the Secretary shall provide to non-Department health care providers that furnish hospital care or medical services to veterans pursuant to the laws administered by the Secretary information and documentation that is required to establish a clean claim under this section. ``(2) The Secretary shall consult with entities in the health care industry, in the public and private sector, to determine the information and documentation to include in the list under paragraph (1). ``(d) Electronic Claim Submittal.--On and after January 1, 2019, the Secretary shall not accept any claim under this section that is submitted to the Secretary in a manner other than electronically. ``(e) Definitions.--In this section: ``(1) The term `clean claim' means a claim for reimbursement for hospital care or medical services furnished by non-Department health care providers to veterans pursuant to the laws administered by the Secretary, on a nationally recognized standard format, that includes the information and documentation necessary to adjudicate the claim. ``(2) The term `non-clean claim' means a claim for reimbursement for hospital care or medical services furnished by non-Department health care providers to veterans pursuant to the laws administered by the Secretary, on a nationally recognized standard format, that does not include the information and documentation necessary to adjudicate the claim.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item related to section 1703 the following new item: ``1703A. Payment of non-Department health care providers.''. (b) Electronic Submittal of Claims for Reimbursement.-- (1) Prohibition on acceptance of non-electronic claims.-- (A) In general.--Except as provided in subparagraph (B), on and after January 1, 2019, the Secretary of Veterans Affairs shall not accept any claim for reimbursement under section 1703A of title 38, United States Code, as added by subsection (a), that is submitted to the Secretary in a manner other than electronically, including medical records in connection with such a claim. (B) Exception.--If the Secretary determines that accepting claims and medical records in a manner other than electronically is necessary for the timely processing of claims for reimbursement under such section 1703A due to a failure or malfunction of the electronic interface established under paragraph (2), the Secretary-- (i) may accept claims and medical records in a manner other than electronically for a period not to exceed 90 days; and (ii) shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth-- (I) the reason for accepting claims and medical records in a manner other than electronically; (II) the duration of time that the Department of Veterans Affairs will accept claims and medical records in a manner other than electronically; and (III) the steps that the Department is taking to resolve such failure or malfunction. (2) Electronic interface.-- (A) In general.--Not later than January 1, 2019, the Chief Information Officer of the Department of Veterans Affairs shall establish and make operational an electronic interface for health care providers to submit claims for reimbursement under such section 1703A. (B) Functions.--The electronic interface established under subparagraph (A) shall include the following functions: (i) A function through which a health care provider may input all relevant data required for claims submittal and reimbursement. (ii) A function through which a health care provider may upload medical records to accompany a claim for reimbursement. (iii) A function through which a health care provider may ascertain the status of a pending claim for reimbursement that-- (I) indicates whether the claim is a clean claim or a non-clean claim; and (II) in the event that a submitted claim is indicated as a non-clean claim, provides-- (aa) an explanation of why the claim has been determined to be a non-clean claim; and (bb) an identification of the information or documentation that is required to make the claim a clean claim. (iv) A function through which a health care provider is notified when a claim for reimbursement is accepted or rejected. (v) Such other features as the Secretary considers necessary. (C) Protection of information.-- (i) In general.--The electronic interface established under subparagraph (A) shall be developed and implemented based on industry- accepted information security and privacy engineering principles and best practices and shall provide for the following: (I) The elicitation, analysis, and prioritization of functional and nonfunctional information security and privacy requirements for such interface, including specific security and privacy services and architectural requirements relating to security and privacy based on a thorough analysis of all reasonably anticipated cyber and noncyber threats to the security and privacy of electronic protected health information made available through such interface. (II) The elicitation, analysis, and prioritization of secure development requirements relating to such interface. (III) The assurance that the prioritized information security and privacy requirements of such interface-- (aa) are correctly implemented in the design and implementation of such interface throughout the system development lifecycle; and (bb) satisfy the information objectives of such interface relating to security and privacy throughout the system development lifecycle. (ii) Definitions.--In this subparagraph: (I) Electronic protected health information.--The term ``electronic protected health information'' has the meaning given that term in section 160.103 of title 45, Code of Federal Regulations, as in effect on the date of the enactment of this Act. (II) Secure development requirements.--The term ``secure development requirements'' means, with respect to the electronic interface established under subparagraph (A), activities that are required to be completed during the system development lifecycle of such interface, such as secure coding principles and test methodologies. (3) Analysis of available technology for electronic interface.-- (A) In general.--Not later than January 1, 2018, or before entering into a contract to procure or design and build the electronic interface described in paragraph (2) or making a decision to internally design and build such electronic interface, whichever occurs first, the Secretary shall-- (i) conduct an analysis of commercially available technology that may satisfy the requirements of such electronic interface set forth in such paragraph; and (ii) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth such analysis. (B) Elements.--The report required under subparagraph (A)(ii) shall include the following: (i) An evaluation of commercially available systems that may satisfy the requirements of paragraph (2). (ii) The estimated cost of procuring a commercially available system if a suitable commercially available system exists. (iii) If no suitable commercially available system exists, an assessment of the feasibility of modifying a commercially available system to meet the requirements of paragraph (2), including the estimated cost associated with such modifications. (iv) If no suitable commercially available system exists and modifying a commercially available system is not feasible, an assessment of the estimated cost and time that would be required to contract with a commercial entity to design and build an electronic interface that meets the requirements of paragraph (2). (v) If the Secretary determines that the Department has the capabilities required to design and build an electronic interface that meets the requirements of paragraph (2), an assessment of the estimated cost and time that would be required to design and build such electronic interface. (vi) A description of the decision of the Secretary regarding how the Department plans to establish the electronic interface required under paragraph (2) and the justification of the Secretary for such decision. (4) Limitation on use of amounts.--The Secretary may not spend any amounts to procure or design and build the electronic interface described in paragraph (2) until the date that is 60 days after the date on which the Secretary submits the report required under paragraph (3)(A)(iii). (c) Clarification of Application of HIPAA Transaction Standards to Veterans Choice Program and Other Veterans Health Care Programs Using Non-Department Providers; Addressing Multi-Year Backlog in Claims.-- (1) Application of hipaa administrative simplification standards.-- (A) In general.--The definition of the term ``health plan'' under section 1171(5)(J) of the Social Security Act (42 U.S.C. 1320d(5)(J)) is deemed to include the Veterans Choice Program. (B) Implementation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall make such modifications as may be necessary to implement the amendment made by subparagraph (A) with respect to claims for hospital care or medical treatment furnished under the Veterans Choice Program. (2) Addressing backlog of claims by non-department providers.-- (A) Adjudication.--Not later than 180 days after the date of the enactment of this section, the Secretary shall adjudicate all claims submitted before such date of enactment by non-Department of Veterans Affairs health care provider under the Veterans Choice Program. (B) Use of payment schedule for non-department health care providers.--Section 1703A(b) of title 38, United States Code, as added by subsection (a)(1), shall apply to claims adjudicated pursuant to subparagraph (A), except that the timeframe involved shall begin on the date of such adjudication. (3) Veterans choice program defined.--In this subsection, the term ``Veterans Choice Program'' means hospital care or medical treatment furnished to veterans pursuant to section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) or any other law administered by the Secretary of Veterans Affairs under which a non-Department of Veterans Affairs health care provider furnishes such care or services.

This bill directs the Department of Veterans Affairs (VA) to ensure that payments made to non-VA health care providers, including payments under the Veterans Choice Program, comply with the Prompt Payment Act and the requirements set forth in this bill. The bill: (1) prescribes payment schedules; (2) requires, with exceptions, claims to be submitted electroncially beginning January 1, 2019; and (3) requires the VA Chief Information Officer to establish by such date an electronic interface for health care providers to submit reimbursement claims. The VA shall: (1) within 90 days after enactment of this bill, make necessary modifications to ensure prompt payment for hospital care or medical treatment furnished under the program, and (2) within 180 days after enactment of this bill, adjudicate all program claims submitted before such date by non-VA health care providers.

To amend title 38, United States Code, to improve the process by which the Secretary of Veterans Affairs pays non-Department of Veterans Affairs health care providers for hospital care or medical services furnished to veterans pursuant to the laws administered by the Secretary.

SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Cybersecurity Workforce Recruitment and Retention Act of 2014''. SEC. 2. CYBERSECURITY RECRUITMENT AND RETENTION. (a) In General.--At the end of subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.), add the following: ``SEC. 226. CYBERSECURITY RECRUITMENT AND RETENTION. ``(a) Definitions.--In this section: ``(1) Appropriate committees of congress.--The term `appropriate committees of Congress' means the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives. ``(2) Collective bargaining agreement.--The term `collective bargaining agreement' has the meaning given that term in section 7103(a)(8) of title 5, United States Code. ``(3) Excepted service.--The term `excepted service' has the meaning given that term in section 2103 of title 5, United States Code. ``(4) Preference eligible.--The term `preference eligible' has the meaning given that term in section 2108 of title 5, United States Code. ``(5) Qualified position.--The term `qualified position' means a position, designated by the Secretary for the purpose of this section, in which the incumbent performs, manages, or supervises functions that execute the responsibilities of the Department relating to cybersecurity. ``(6) Senior executive service.--The term `Senior Executive Service' has the meaning given that term in section 2101a of title 5, United States Code. ``(b) General Authority.-- ``(1) Establish positions, appoint personnel, and fix rates of pay.-- ``(A) General authority.--The Secretary may-- ``(i) establish, as positions in the excepted service, such qualified positions in the Department as the Secretary determines necessary to carry out the responsibilities of the Department relating to cybersecurity, including positions formerly identified as-- ``(I) senior level positions designated under section 5376 of title 5, United States Code; and ``(II) positions in the Senior Executive Service; ``(ii) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and ``(iii) subject to the requirements of paragraphs (2) and (3), fix the compensation of an individual for service in a qualified position. ``(B) Construction with other laws.--The authority of the Secretary under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees. ``(2) Basic pay.-- ``(A) Authority to fix rates of basic pay.--In accordance with this section, the Secretary shall fix the rates of basic pay for any qualified position established under paragraph (1) in relation to the rates of pay provided for employees in comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for such employees by law or regulation. ``(B) Prevailing rate systems.--The Secretary may, consistent with section 5341 of title 5, United States Code, adopt such provisions of that title as provide for prevailing rate systems of basic pay and may apply those provisions to qualified positions for employees in or under which the Department may employ individuals described by section 5342(a)(2)(A) of that title. ``(3) Additional compensation, incentives, and allowances.-- ``(A) Additional compensation based on title 5 authorities.--The Secretary may provide employees in qualified positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by title 5, United States Code. ``(B) Allowances in nonforeign areas.--An employee in a qualified position whose rate of basic pay is fixed under paragraph (2)(A) shall be eligible for an allowance under section 5941 of title 5, United States Code, on the same basis and to the same extent as if the employee was an employee covered by such section 5941, including eligibility conditions, allowance rates, and all other terms and conditions in law or regulation. ``(4) Plan for execution of authorities.--Not later than 120 days after the date of enactment of this section, the Secretary shall submit a report to the appropriate committees of Congress with a plan for the use of the authorities provided under this subsection. ``(5) Collective bargaining agreements.--Nothing in paragraph (1) may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an office, component, subcomponent, or equivalent of the Department that is a successor to an office, component, subcomponent, or equivalent of the Department covered by the agreement before the succession. ``(6) Required regulations.--The Secretary, in coordination with the Director of the Office of Personnel Management, shall prescribe regulations for the administration of this section. ``(c) Annual Report.--Not later than 1 year after the date of enactment of this section, and every year thereafter for 4 years, the Secretary shall submit to the appropriate committees of Congress a detailed report that-- ``(1) discusses the process used by the Secretary in accepting applications, assessing candidates, ensuring adherence to veterans' preference, and selecting applicants for vacancies to be filled by an individual for a qualified position; ``(2) describes-- ``(A) how the Secretary plans to fulfill the critical need of the Department to recruit and retain employees in qualified positions; ``(B) the measures that will be used to measure progress; and ``(C) any actions taken during the reporting period to fulfill such critical need; ``(3) discusses how the planning and actions taken under paragraph (2) are integrated into the strategic workforce planning of the Department; ``(4) provides metrics on actions occurring during the reporting period, including-- ``(A) the number of employees in qualified positions hired by occupation and grade and level or pay band; ``(B) the placement of employees in qualified positions by directorate and office within the Department; ``(C) the total number of veterans hired; ``(D) the number of separations of employees in qualified positions by occupation and grade and level or pay band; ``(E) the number of retirements of employees in qualified positions by occupation and grade and level or pay band; and ``(F) the number and amounts of recruitment, relocation, and retention incentives paid to employees in qualified positions by occupation and grade and level or pay band; and ``(5) describes the training provided to supervisors of employees in qualified positions at the Department on the use of the new authorities. ``(d) Three-Year Probationary Period.--The probationary period for all employees hired under the authority established in this section shall be 3 years. ``(e) Incumbents of Existing Competitive Service Positions.-- ``(1) In general.--An individual serving in a position on the date of enactment of this section that is selected to be converted to a position in the excepted service under this section shall have the right to refuse such conversion. ``(2) Subsequent conversion.--After the date on which an individual who refuses a conversion under paragraph (1) stops serving in the position selected to be converted, the position may be converted to a position in the excepted service.''. (b) Conforming Amendment.--Section 3132(a)(2) of title 5, United States Code, is amended in the matter following subparagraph (E)-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by inserting ``or'' after the semicolon; and (3) by inserting after clause (ii) the following: ``(iii) any position established as a qualified position in the excepted service by the Secretary of Homeland Security under section 226 of the Homeland Security Act of 2002;''. (c) Table of Contents Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 225 the following: ``Sec. 226. Cybersecurity recruitment and retention.''. SEC. 3. HOMELAND SECURITY CYBERSECURITY WORKFORCE ASSESSMENT. (a) Short Title.--This section may be cited as the ``Homeland Security Cybersecurity Workforce Assessment Act''. (b) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Homeland Security of the House of Representatives; and (C) the Committee on House Administration of the House of Representatives. (2) Cybersecurity work category; data element code; specialty area.--The terms ``Cybersecurity Work Category'', ``Data Element Code'', and ``Specialty Area'' have the meanings given such terms in the Office of Personnel Management's Guide to Data Standards. (3) Department.--The term ``Department'' means the Department of Homeland Security. (4) Director.--The term ``Director'' means the Director of the Office of Personnel Management. (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (c) National Cybersecurity Workforce Measurement Initiative.-- (1) In general.--The Secretary shall-- (A) identify all cybersecurity workforce positions within the Department; (B) determine the primary Cybersecurity Work Category and Specialty Area of such positions; and (C) assign the corresponding Data Element Code, as set forth in the Office of Personnel Management's Guide to Data Standards which is aligned with the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report, in accordance with paragraph (2). (2) Employment codes.-- (A) Procedures.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish procedures-- (i) to identify open positions that include cybersecurity functions (as defined in the OPM Guide to Data Standards); and (ii) to assign the appropriate employment code to each such position, using agreed standards and definitions. (B) Code assignments.--Not later than 9 months after the date of the enactment of this Act, the Secretary shall assign the appropriate employment code to-- (i) each employee within the Department who carries out cybersecurity functions; and (ii) each open position within the Department that have been identified as having cybersecurity functions. (3) Progress report.--Not later than 1 year after the date of the enactment of this Act, the Director shall submit a progress report on the implementation of this subsection to the appropriate congressional committees. (d) Identification of Cybersecurity Specialty Areas of Critical Need.-- (1) In general.--Beginning not later than 1 year after the date on which the employment codes are assigned to employees pursuant to subsection (c)(2)(B), and annually through 2021, the Secretary, in consultation with the Director, shall-- (A) identify Cybersecurity Work Categories and Specialty Areas of critical need in the Department's cybersecurity workforce; and (B) submit a report to the Director that-- (i) describes the Cybersecurity Work Categories and Specialty Areas identified under subparagraph (A); and (ii) substantiates the critical need designations. (2) Guidance.--The Director shall provide the Secretary with timely guidance for identifying Cybersecurity Work Categories and Specialty Areas of critical need, including-- (A) current Cybersecurity Work Categories and Specialty Areas with acute skill shortages; and (B) Cybersecurity Work Categories and Specialty Areas with emerging skill shortages. (3) Cybersecurity critical needs report.--Not later than 18 months after the date of the enactment of this Act, the Secretary, in consultation with the Director, shall-- (A) identify Specialty Areas of critical need for cybersecurity workforce across the Department; and (B) submit a progress report on the implementation of this subsection to the appropriate congressional committees. (e) Government Accountability Office Status Reports.--The Comptroller General of the United States shall-- (1) analyze and monitor the implementation of subsections (c) and (d); and (2) not later than 3 years after the date of the enactment of this Act, submit a report to the appropriate congressional committees that describes the status of such implementation.

DHS Cybersecurity Workforce Recruitment and Retention Act of 2014 - (Sec. 2) Amends the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to establish, as positions in the excepted service, such positions in the Department of Homeland Security (DHS) as necessary to carry out certain responsibilities relating to cybersecurity. Provides for positions formerly designated as senior level and senior executive service positions to be included in such service. Requires the Secretary, every year for a specified period, to submit to Congress a report regarding: (1) the application process for such positions, including the manner of adhering to veterans' preferences; (2) the Secretary's plans to fulfill the critical need of DHS to recruit and retain employees in cybersecurity positions; (3) the manner in which such plans are integrated into the DHS's strategic workforce planning; (4) the number of hirings, separations, and retirements during the reporting period; and (5) the training provided to supervisors of such cybersecurity employees on the use of the new authorities. Sets forth authority for the Secretary to make appointments, fix pay rates, and provide incentives and allowances for such positions. (Sec. 3) Homeland Security Cybersecurity Workforce Assessment Act - Requires the Secretary to determine the primary cybersecurity work category and specialty area of all DHS cybersecurity workforce positions. Directs the Secretary to assign: (1) data element codes for such positions, as set forth in the Office of Personnel Management's (OPM) Guide to Data Standards, which is aligned with the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report; and (2) employment codes to employees and open positions within DHS with cybersecurity functions. Directs the Secretary, on an annual basis through 2021, to submit a report to the OPM Director substantiating categories and specialty areas designated as critical needs in DHS's cybersecurity workforce. Requires the Director to provide the Secretary with guidance identifying acute and emerging skill shortages. Directs the Comptroller General (GAO) to monitor, and report within three years regarding, the implementation of such determinations and assignments.

DHS Cybersecurity Workforce Recruitment and Retention Act of 2014

SECTION 1. FINDINGS. Congress finds that-- (1) the use of methyl tertiary butyl ether oxygenated fuels (referred to in this Act as ``M-T-B-E oxygenated fuels'') as one means of compliance with section 211(m) of the Clean Air Act (42 U.S.C. 7545(m)), which requires the use of oxygenated fuels to lower the level of carbon monoxide in nonattainment areas, has resulted in excessive health-related complaints in areas of the State of Alaska in which M-T-B-E oxygenated fuels have been used; (2) consumer hotlines in Fairbanks, Alaska and Anchorage, Alaska have received hundreds of unusual medical complaints (including complaints of abnormal headaches, sore throats, asthma, light headedness, burning sensation in eyes and lungs, shortness of breath, skin rashes, numbness, swollen tissue, and abnormal congestion) in geographic areas in which M-T-B-E oxygenated fuels are in use; (3) tests conducted by employees at the environmental health laboratory at the Centers for Disease Control revealed a measurable quantity of methyl tertiary butyl ether in the blood of workers exposed to M-T-B-E oxygenated fuels; (4) representatives of the Centers for Disease Control testified before Congress that more studies were needed to determine the health effects of exposure to the substance; (5) no studies have been completed to measure the chronic effects of exposure to M-T-B-E oxygenated fuels in cold climates on public health, particularly in areas that have temperatures that regularly reach 50 degrees below zero Fahrenheit; (6) because of numerous health complaints and the conclusions of the State epidemiologist of the Alaska Division of Public Health, the Governor of Alaska suspended the M-T-B-E oxygenated fuels program in Fairbanks, Alaska; (7) after the program was suspended in Fairbanks, the State epidemiologist concluded that there is a possibility that similar illnesses are being caused by the M-T-B-E oxygenated fuels program in Anchorage; (8) additional scientific studies on the health effects of M-T-B-E oxygenated fuels need to be completed; (9) the public should not be exposed to M-T-B-E oxygenated fuels until studies are completed and the public health risk has been assessed; and (10) ethanol blend oxygenated fuels are known to separate from the gasoline base at ultacold temperatures and may therefore have drivability and safety implications in Alaska. SEC. 2. WAIVER OF THE M-T-B-E OXYGENATED FUELS REQUIREMENT Section 211(m)(3) of the Clean Air Act (42 U.S.C. 7545(m)(3)) is amended by adding at the end the following new subparagraphs: ``(D) If requested in writing by an affected local government within a title I nonattainment area for carbon monoxide in Alaska, the Governor of the State of Alaska may petition for a waiver and the Administrator may waive, in whole or in part, the requirements of paragraphs (1) and (2) with respect to an area within the State of Alaska that is designated under title I as a nonattainment area for carbon monoxide, if the Administrator finds that compliance with the requirements should be waived for one or more of the following reasons: ``(i) Compliance is not technologically or economically feasible because the technology needed to comply is not commercially available or because the use of M-T-B-E oxygenated fuels would increase the cost of commercially available fuel supplies by more than 150 percent of the national average cost of using M-T-B-E oxygenated fuels in nonattainment areas outside of Alaska; ``(ii) Compliance would be unreasonable due to unique geographical or meteorological factors; ``(ii) Compliance could or does cause harmful health effects; ``(iv) The use of M-T-B-E oxygenated fuels increases aldehyde emissions appreciably. ``(E) The Administrator shall grant or deny a petition for a waiver submitted under subparagraph (D) not later than 60 days after receiving the petition. ``(F)(i) The Administrator shall conduct a study that compares the probable health risks and costs of title I carbon monoxide nonattainment in Alaska with the probable health risks and costs of increased noncarbon monoxide emissions (such as aldehyde emissions) associated with the use of M-T-B-E oxygenated fuels in Alaska. ``(ii) The Administrator shall report the results of the study of Congress not later than 1 year after the date of enactment of this paragraph. ``(G) The Administrator may suspend the required use of oxygenated fuels-- ``(i) during the pendency of a petition for a waiver submitted under paragraph (D); and ``(ii) until the completion of the health risk study conducted pursuant to subparagraph (F).''.

Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to waive requirements for the use of oxygenated fuels in a carbon monoxide nonattainment area in Alaska if compliance: (1) is not feasible because technology is not commercially available or the use of such fuels would increase the cost of available fuel supplies by more than 150 percent of the national average cost of using such fuels in nonattainment areas outside of Alaska; (2) would be unreasonable due to unique geographical or meteorological factors; (3) could or does cause harmful health effects; or (4) increases aldehyde emissions appreciably. Directs the Administrator to conduct a study that compares, and report to the Congress on, the probable health risks and costs of carbon monoxide nonattainment in Alaska with those of increased noncarbon monoxide emissions associated with the use of oxygenated fuels in Alaska. Authorizes the Administrator to suspend the required use of oxygenated fuels during the pendency of a petition for a waiver and until the completion of the health risk study.

To amend the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to grant a waiver of the oxygenated fuels requirement, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Security and Small Business Stimulus Act of 2008''. SEC. 2. INDIVIDUAL INCOME TAX RATE REDUCTION AFTER 2007. (a) Rate Reduction.-- (1) In general.--Subparagraph (A) of section 1(i)(1) of the Internal Revenue Code of 1986 (relating to tax imposed on individuals) is amended to read as follows: ``(A) In general.--In the case of taxable years beginning after December 31, 2007-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on taxable income not over the initial bracket amount shall be 5 percent, and ``(ii) the 15 percent rate of tax shall apply only to taxable income over the initial bracket amount but not over the maximum dollar amount for the 15-percent rate bracket.''. (2) Conforming amendments.-- (A) The heading for paragraph (1) of section 1(i) of such Code is amended by striking ``10-percent'' and inserting ``5-percent''. (B) Subparagraph (D) of section 1(i)(1) of such Code is amended to read as follows: ``(D) Coordination with acceleration of 5 percent rate bracket benefit for 2008.--This paragraph shall not apply to any taxable year to which section 6428 applies.''. (3) 5-percent bracket made permanment.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to paragraph (1) of section 1(i) of the Internal Revenue Code of 1986, as amended by this subsection. (b) Advance Payment of 5 Percent Rate Bracket.--Section 6428 of such Code is amended to read as follows: ``SEC. 6428. ACCELERATION OF 5 PERCENT INCOME TAX RATE BRACKET BENEFIT FOR 2008. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by chapter 1 for the taxpayer's first taxable year beginning in 2008 an amount equal to 5 percent of so much of the taxpayer's taxable income as does not exceed the initial bracket amount (as defined in section 1(i)(1)(B)). ``(b) Credit Treated as Nonrefundable Personal Credit.--For purposes of this title, the credit allowed under this section shall be treated as a credit allowable under subpart A of part IV of subchapter A of chapter 1. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual other than-- ``(1) any estate or trust, ``(2) any nonresident alien individual, and ``(3) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins. ``(d) Coordination With Advance Refunds of Credit.-- ``(1) In general.--The amount of credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (e). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a refund or credit made or allowed under subsection (e) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. ``(e) Advance Refunds of Credit Based on Prior Year Data.-- ``(1) In general.--Each individual who was an eligible individual for such individual's first taxable year beginning in 2006 shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the advance refund amount for such taxable year. ``(2) Advance refund amount.--For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such first taxable year if-- ``(A) this section (other than subsections (b) and (d) and this subsection) had applied to such taxable year, and ``(B) the credit for such taxable year were not allowed to exceed the excess (if any) of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits). ``(3) Timing of payments.--In the case of any overpayment attributable to this subsection, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible and, to the extent practicable, before the date which is 30 days after the date of the enactment of this section. No refund or credit shall be made or allowed under this subsection after December 31, 2008. ``(4) No interest.--No interest shall be allowed on any overpayment attributable to this subsection.''. (c) Technical Amendment.--The item relating to section 6428 in the table of sections for subchapter B of chapter 65 of such Code is amended to read as follows: ``Sec. 6428. Acceleration of 5 percent income tax rate bracket benefit for 2008.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. INCREASE IN EXPENSING FOR SMALL BUSINESSES. (a) $125,000 Limit Made Permanent; Temporary Increase to $375,000.--Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 (relating to election to expense certain depreciable business assets) is amended by striking ``$25,000 ($125,000 in the case of taxable years beginning after 2006 and before 2011)'' and inserting ``$125,000 ($375,000 in the case of taxable years beginning after 2007 and before 2010)''. (b) Conforming Amendment.--Subparagraph (A) of section 179(b)(5) of such Code is amended-- (1) by striking ``and before 2011'', and (2) by adding at the end the following flush sentence: ``The preceding sentence shall not apply to the $500,000 amount for taxable years beginning after December 31, 2010.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Family Security and Small Business Stimulus Act of 2008 - Amends the Internal Revenue Code to: (1) allow a reduced 5% income tax rate on taxable income for low-income taxpayers; (2) allow an advance refund in 2008 for the reduction in the tax rate; and (3) increase to $375,000 between 2008 and 2010 the expensing allowance for small business depreciable assets.

To amend the Internal Revenue Code of 1986 to reduce individual income taxes by creating a new 5 percent rate of tax and to increase section 179 expensing for small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Desalination Water Supply Shortage Prevention Act of 2005''. SEC. 2. DEFINITIONS. (a) Qualified Desalination Facility.--The term ``qualified desalination facility'' means a facility that-- (1) produces for sale to domestic customers desalinated seawater, brackish groundwater, or surface water whose source water is greater than 1000 parts per million total dissolved solids; and (2) is owned or operated by-- (A) a State or any political subdivision, agency, authority, or instrumentality of a State; (B) an Indian tribe; or (C) a corporation responsible for providing municipal water service pursuant to State or tribal law; (3) is first used to produce commercial desalinated water for sale during the 10-year period beginning on October 1 of the first fiscal year occurring after the date of the enactment of this Act; and (4) uses the best available technology as determined by the Secretary. (b) Indian Tribe.--The term ``Indian Tribe'' means with respect to the contiguous 48 states, any federally recognized Indian tribe, organized band, pueblo, or community and with respect to Alaska, the Metlakatla Indian Community. (c) Secretary.--The term ``Secretary '' means the Secretary of Energy. (d) State.--The term ``State'' means the several States, the District of Columbia, Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Northern Mariana Islands. SEC. 3. DESALINATED WATER PRODUCTION INCENTIVE PAYMENTS. (a) Incentive Payments.--The Secretary shall make incentive payments in an amount determined under subsection (d) to the owners or operators of qualified desalination facilities to partially offset the cost of electrical energy required to operate such facilities. (b) Agreement; Deadline.--The Secretary may not make any payment to the owner or operator of a qualified desalination facility under this section, unless, not later than the end of fiscal year 2016, the Secretary enters into a written agreement with the owner or operator to make such payment. (c) Payment Period.--The Secretary may make payments to the owner or operator of a qualified desalination facility under this section for a period not to exceed 10 years-- (1) beginning on the date on which the facility is first used to produce desalinated water; and (2) ending not later than September 30, 2026. (d) Amount of Payment.-- (1) In general.--Payments made by the Secretary under this section to the owner or operator of any qualified desalination facility shall be based on the amount of desalinated water produced by the facility during the payment period described in subsection (c). For any facility, the amount of such payment shall be 62 cents for every thousand gallons of desalinated water produced and sold, adjusted as provided in paragraph (2). (2) Adjustments.--The amount of the payment made to any person under this subsection as provided in paragraph (1) shall be adjusted for inflation for each fiscal year beginning after calendar year 2006 in the same manner as provided in the provisions of section 29(d)(2)(B) of the Internal Revenue Code of 1986 (26 U.S.C. 29(d)(2)(B)), except that in applying such provisions the calendar year 2006 shall be substituted for calendar year 1979. (e) Application.--The Secretary may not make a grant to the owner or operator of a qualified desalination facility under this section unless the facility submits an application to the Secretary in such form, at such time, and containing such information and assurances as the Secretary may require. (f) Limitation.--In any fiscal year not more than 60 percent of the funds made available by the Secretary under this section shall be made available to the owners or operators of qualified desalination facilities that obtain source water directly from the sea, an estuary, or from in-bank extraction wells that are of seawater origin (g) Priority.--In awarding incentive payments under this section, the Secretary shall give priority to any application for a project that-- (1) uses innovative technologies to reduce the energy demand of the project; (2) uses renewable energy supplies in the desalination process; (3) provides regional water supply benefits; (4) provides a secure source of new water supplies for national defense activities; (5) reduces the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) uses technologies that minimize the damage to marine life; or (7) provides significant water quality benefits. (h) Budget Act Compliance.--The authority provided by this section may be exercised only in such amounts or to such extent as provided in advance in appropriations Acts. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $200,000,000 to carry out this section from fiscal year 2006 through fiscal year 2016. SEC. 4. NOVEL DESALINATION TECHNOLOGY. (a) In General.--The Secretary shall support research and development of promising novel technology approaches for the cost- effective desalination of water. (b) Authorization of Appropriation.--There are authorized to be appropriated to the Secretary for carrying out this section $10,000,000 from fiscal year 2006 through fiscal year 2016.

Desalination Water Supply Shortage Prevention Act of 2005 - Requires the Secretary of Energy to make incentive payments to the owners or operators of qualified desalination facilities (facilities first used to produce commercial desalinated water after enactment of this Act), including facilities owned or operated by Indian tribes, for up to ten years to partially offset the cost of electrical energy required to operate such facilities. Provides that the qualified facilities shall receive 62 cents for every thousand gallons of desalinated water produced and sold, with an adjustment for inflation. Limits to 60% of the amount of funds made available in any fiscal year that the Secretary may provide to the owners or operators of qualified facilities that obtain source water directly from the sea, an estuary, or in-bank extraction wells of sea water origin. Directs the Secretary, in awarding incentive payments, to give priority to any application for a project that: (1) uses innovative technologies to reduce energy demand; (2) uses renewable energy supplies in the desalination process; (3) provides regional water supply benefits; (4) provides a secure source of new water supplies for national defense activities; (5) reduces the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) uses technologies that minimize damage to marine life; or (7) provides significant water quality benefits. Directs the Secretary to support research and development of promising novel technology approaches for the cost-effective desalination of water. Authorizes appropriations.

To direct the Secretary of Energy to make incentive payments to the owners or operators of qualified desalination facilities to partially offset the cost of electrical energy required to operate such facilities, and for other purposes.

SECTION 1. SHORT TITLE AND REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Medicare Contractor Reform Amendments of 1996''. (b) References in Act.--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 a section or other provision of the Social Security Act. SEC. 2. INCREASED FLEXIBILITY IN CONTRACTING FOR MEDICARE CLAIMS PROCESSING. (a) Carriers To Include Entities That Are Not Insurance Companies.-- (1) Section 1842(a) (42 U.S.C. 1395u(a)) is amended in the matter preceding paragraph (1) by striking ``with carriers'' and inserting ``with agencies and organizations (hereafter in this section referred to as `carriers')''. (2) Section 1842(f) (42 U.S.C. 1395u(f)) is repealed. (b) Choice of Fiscal Intermediaries by Providers of Services; Secretarial Flexibility in Assigning Functions to Intermediaries and Carriers.-- (1) Section 1816(a) (42 U.S.C. 1395h(a)) to read as follows: ``(a)(1) The Secretary may enter into contracts with agencies or organizations to perform any or all of the following functions, or parts of those functions (or, to the extent provided in a contract, to secure performance thereof by other organizations): ``(A) Determination (subject to the provisions of section 1878 and to such review by the Secretary as may be provided for by the contracts) the amount of the payments required pursuant to this part to be made to providers of services. ``(B) Making payments described in subparagraph (A). ``(C) Provision of consultative services to institutions or agencies to enable them to establish and maintain fiscal records necessary for purposes of this part and otherwise to qualify as providers of services. ``(D) Serving as a center for, and communicate to individuals entitled to benefits under this part and to providers of services, any information or instructions furnished to the agency or organization by the Secretary, and serve as a channel of communication from individuals entitled to benefits under this part and from providers of services to the Secretary. ``(E) Making such audits of the records of providers of services as may be necessary to ensure that proper payments are made under this part. ``(F) Performance of the functions described under subsection (d). ``(G) Performance of such other functions as are necessary to carry out the purposes of this part. ``(2) As used in this title and title XI, the term `fiscal intermediary' means an agency or organization with a contract under this section.''. (2) Subsections (d) and (e) of section 1816 (42 U.S.C. 1395h) are amended to read as follows: ``(d) Each provider of services shall have a fiscal intermediary that-- ``(1) acts as a single point of contact for the provider of services under this part, ``(2) makes its services sufficiently available to meet the needs of the provider of services, and ``(3) is responsible and accountable for arranging the resolution of issues raised under this part by the provider of services. ``(e)(1)(A) The Secretary shall, at least every 5 years, permit each provider of services (other than a home health agency or a hospice program) to choose an agency or organization (from at least 3 proposed by the Secretary, of which at least 1 shall have an office in the geographic area of the provider of services, except as provided by subparagraph (B)(ii)(II)) as the fiscal intermediary under subsection (d) for that provider of services. If a contract with that fiscal intermediary is discontinued, the Secretary shall permit the provider of services to choose under the same conditions from 3 other agencies or organizations. ``(B)(i) The Secretary, in carrying out subparagraph (A), shall permit a group of hospitals (or a group of another class of providers other than home health agencies or hospice programs) under common ownership by, or control of, a particular entity to choose one agency or organization (from at least 3 proposed by the Secretary) as the fiscal intermediary under subsection (d) for all the providers in that group if the conditions specified in clause (ii) are met. ``(ii) The conditions specified in this clause are that-- ``(I) the group includes all the providers of services of that class that are under common ownership by, or control of, that particular entity, and ``(II) all the providers of services in that group agree that none of the agencies or organizations proposed by the Secretary is required to have an office in any particular geographic area. ``(2) The Secretary, in evaluating the performance of a fiscal intermediary, shall solicit comments from providers of services.''. (3)(A) Section 1816(b)(1)(A) (42 U.S.C. 1395h(b)(1)(A)) is amended by striking ``after applying the standards, criteria, and procedures'' and inserting ``after evaluating the ability of the agency or organization to fulfill the contract performance requirements''. (B) The first sentence of section 1816(f)(1) (42 U.S.C. 1395h(f)(1)) is amended-- (i) by striking ``develop standards, criteria, and procedures'' and inserting ``, after public notice and opportunity for comment, develop contract performance requirements'', and (ii) by striking ``, and the Secretary shall establish standards and criteria with respect to the efficient and effective administration of this part''. (C) The second sentence of section 1842(b)(2)(A) (42 U.S.C. 1395u(b)(2)(A)) is amended to read as follows: ``The Secretary shall, after public notice and opportunity for comment, develop contract performance requirements for the efficient and effective performance of contract obligations under this section.''. (D) Section 1842(b)(2)(A) (42 U.S.C. 1395u(b)(2)(A)) is amended by striking the third sentence. (E) Section 1842(b)(2)(B) (42 U.S.C. 1395u(b)(2)(B)) is amended in the matter preceding clause (i) by striking ``establish standards'' and inserting ``develop contract performance requirements''. (F) Section 1842(b)(2)(D) (42 U.S.C. 1395u(b)(2)(D)) is amended by striking ``standards and criteria'' each place is appears and inserting ``contract performance requirements''. (4)(A) Section 1816(b) (42 U.S.C. 1395h(b)) is amended in the matter preceding paragraph (1) by striking ``an agreement'' and inserting ``a contract''. (B) Paragraphs (1)(B) and (2)(A) of section 1816(b) (42 U.S.C. 1395h(b)) are each amended by striking ``agreement'' and inserting ``contract''. (C) The first sentence of section 1816(c)(1) (42 U.S.C. 1395h(c)(1)) is amended by striking ``An agreement'' and inserting ``A contract''. (D) The last sentence of section 1816(c)(1) (42 U.S.C. 1395h(c)(1)) is amended by striking ``an agreement'' and inserting ``a contract''. (E) Section 1816(c)(2)(A) (42 U.S.C. 1395h(c)(2)(A)) is amended in the matter preceding clause (i) by striking ``agreement'' and inserting ``contract''. (F) Section 1816(c)(3)(A) (42 U.S.C. 1395h(c)(3)(A)) is amended by striking ``agreement'' and inserting ``contract''. (G) The first sentence of section 1816(f)(1) (42 U.S.C. 1395h(f)(1)) is amended by striking ``an agreement'' and inserting ``a contract''. (H) Section 1816(h) (42 U.S.C. 1395h(h)) is amended-- (i) by striking ``An agreement'' and inserting ``A contract'', and (ii) by striking ``the agreement'' each place it appears and inserting ``the contract''. (I) Section 1816(i)(I) (42 U.S.C. 1395h(i)(1)) is amended by striking ``an agreement'' and inserting ``a contract''. (J) Section 1816(j) (42 U.S.C. 1395h(j)) is amended by striking ``An agreement'' and inserting ``A contract''. (K) Section 1816(k) (42 U.S.C. 1395h(k)) is amended by striking ``An agreement'' and inserting ``A contract''. (L) Section 1842(a) (42 U.S.C. 1395u(a)) is amended in the matter preceding paragraph (1) is amended by striking ``agreements'' and inserting ``contracts''. (M) Section 1842(h)(3)(A) (42 U.S.C. 1395u(h)(3)(A)) is amended by striking ``an agreement'' and inserting ``a contract''. (5) Section 1816(f)(1) (42 U.S.C. 1395h(f)(1)) is amended by striking the second sentence. (6)(A) Section 1816(c)(2)(A) (42 U.S.C. 1395h(c)(2)(A)) is amended in the matter preceding clause (i) by inserting ``that provides for making payments under this part'' after ``this section''. (B) Section 1816(c)(3)(A) (42 U.S.C. 1395h(c)(3)(A)) is amended by inserting ``that provides for making payments under this part'' after ``this section''. (C) Section 1816(k) (42 U.S.C. 1395h(k)) is amended by inserting ``(as appropriate)'' after ``submit''. (D) Section 1842(a) (42 U.S.C. 1395u(a)) is amended in the matter preceding paragraph (1) by striking ``some or all of the following functions'' and inserting ``any or all of the following functions, or parts of those functions''. (E) The first sentence of section 1842(b)(2)(C) (42 U.S.C. 1395u(b)((2)(C)) is amended by inserting ``(as appropriate)'' after ``carriers''. (F) Section 1842(b)(3) (42 U.S.C. 1395u(b)(3)) is amended in the matter preceding subparagraph (A) by inserting ``(as appropriate)'' after ``contract''. (G) Section 1842(b)(7)(A) (42 U.S.C. 1395u(b)(7)(A)) is amended in the matter preceding clause (i) by striking ``the carrier'' and inserting ``a carrier''. (H) Section 1842(b)(11)(A) (42 U.S.C. 1395u(b)(11)(A)) is amended in the matter preceding clause (i) by inserting ``(as appropriate)'' after ``each carrier''. (I) Section 1842(h)(2) (42 U.S.C. 1395u(h)(2)) is amended in the first sentence by inserting ``(as appropriate)'' after ``shall''. (J) Section 1842(h)(5)(A) (42 U.S.C. 1395u(h)(5)(A)) is amended by inserting ``(as appropriate)'' after ``carriers''. (7)(A) Section 1816(c)(2)(C) (42 U.S.C. 1395h(c)(2)(C)) is amended by striking ``hospital, rural primary care hospital, skilled nursing facility, home health agency, hospice program, comprehensive outpatient rehabilitation facility, or rehabilitation agency'' and inserting ``provider of services''. (B) Section 1816(j) (42 U.S.C. 1395h)(j)) is amended in the matter preceding paragraph (1) by striking ``for home health services, extended care services, or post-hospital extended care services''. (8) Section 1842(a)(3) (42 U.S.C. 1395u(a)(3)) is amended by inserting ``(to and from individuals enrolled under this part and to and from physicians and other entities that furnish items and services)'' after ``communication''. (c) Elimination of Special Provisions for Terminations of Contracts.-- (1) Section 1816(b) (42 U.S.C. 1395h(b)) is amended in the matter preceding paragraph (1) is amended by striking ``or renew''. (2) The last sentence of section 1816(c)(1) (42 U.S.C. 1395h(c)(1)) is amended by striking ``or renewing''. (3) Section 1816(f)(1) (42 U.S.C. 1395h(f)(1)) is amended-- (A) by striking ``, renew, or terminate'', and (B) by striking ``, whether the Secretary should assign or reassign a provider of services to an agency or organization,''. (4) Section 1816(g) (42 U.S.C. 1395h(g)) is repealed. (5) The last sentence of section 1842(b)(2)(A) (42 U.S.C. 1395u(b)(2)(A)) is amended by striking ``or renewing''. (6) Section 1842(b) (42 U.S.C. 1395u(b)) is amended by striking paragraph (5). (d) Repeal of Fiscal Intermediary Requirements That Are Not Cost- Effective.--Section 1816(f)(2) (42 U.S.C. 1395h(f)(2)) is amended to read as follows: ``(2) The contract performance requirements developed under paragraph (1) shall include, with respect to claims for services furnished under this part by any provider of services other than a hospital, whether such agency or organization is able to process 75 percent of reconsiderations within 60 days and 90 percent of reconsiderations within 90 days.''. (e) Repeal of Cost Reimbursement Requirements.-- (1) The first sentence of section 1816(c)(1) (42 U.S.C. 1395h(c)(1)) is amended-- (A) by striking the comma after ``appropriate'' and inserting ``and'', and (B) by striking ``subsection (a)'' and all that follows through the period and inserting ``subsection (a).''. (2) Section 1816(c)(1) (42 U.S.C. 1395h(c)(1)) is further amended by striking the second and third sentences. (3) The first sentence of section 1842(c)(1) (42 U.S.C. 1395u(c)(1)) is amended-- (A) by striking ``shall provide'' the first place it appears and inserting ``may provide'', and (B) by striking ``this part'' and all that follows through the period and inserting ``this part.''. (4) Section 1842(c)(1) (42 U.S.C. 1395u(c)(1)) is further amended by striking the second and third sentences. (5) Section 2326(a) of the Deficit Reduction Act of 1984 is repealed. (f) Competition Required for New Contracts and in Cases of Poor Performance.-- (1) Section 1816(c) (42 U.S.C. 1395h(c)) is amended by adding at the end the following new paragraph: ``(4)(A) A contract with a fiscal intermediary under this section may be renewed from term to term without regard to any provision of law requiring competition if the fiscal intermediary has met or exceeded the performance requirements established in the current contract. ``(B) Functions may be transferred among fiscal intermediaries without regard to any provision of law requiring competition.''. (2) Section 1842(b)(1) (42 U.S.C. 1395u(b)(1)) is amended to read as follows: ``(b)(1)(A) A contract with a carrier under subsection (a) may be renewed from term to term without regard to any provision of law requiring competition if the carrier has met or exceeded the performance requirements established in the current contract. ``(B) Functions may be transferred among carriers without regard to any provision of law requiring competition.''. (g) Waiver of Competitive Requirements for Initial Contracts.-- (1) Contracts that have periods that begin during the 1- year period that begins on the first day of the fourth calendar month that begins after the date of enactment of this Act may be entered into under section 1816(a) of the Social Security Act (42 U.S.C. 1395h(a)) without regard to any provision of law requiring competition. (2) The amendments made by subsection (f) apply to contracts that have periods beginning after the end of the 1- year period specified in paragraph (1). (h) Effective Dates.-- (1) The amendments made by subsection (c) apply to contracts that have periods ending on, or after, the end of the third calendar month that begins after the date of enactment of this Act. (2) The amendments made by subsections (a), (b), (d), and (e) apply to contracts that have periods beginning after the third calendar month that begins after the date of enactment of this Act.

Medicare Contractor Reform Amendments of 1996 (sic) - Amends title XVIII (Medicare) of the Social Security Act to make specified changes in the way Medicare administers its contracts for administrative operations. Provides chiefly among such changes for: (1) augmenting the types of entities eligible to serve as carriers under the program; (2) allowing service providers their periodic choice of fiscal intermediaries; (3) repealing certain contract termination, cost reimbursement, and non-cost-effective fiscal intermediary requirements; and (4) requiring competition in cases of certain new contracts and in cases involving poor contract performance. Waives competition requirements in specified circumstances.

Medicare Contractor Reform Amendments of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Washington National Opera Commemorative Coin Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Washington National Opera has served as the Nation's opera since its creation in 1956. (2) In 2000, the Washington Opera was designated the ``National Opera'' by an Act of Congress to reflect the significant national arts leadership role of the Opera. (3) The Washington National Opera educates and inspires students of all ages through engaging educational programs and innovative partnerships that broaden public awareness and appreciation for opera and are accessible to people of all abilities through needs-based scholarships and accommodations. (4) The education programs of the Washington National Opera strengthen and enhance local, State, and national standards for learning. (5) The Washington National Opera has worked since its inception to encourage the development of gifted young American artists. (6) It is appropriate to authorize coins commemorating the 20th anniversary of the Washington National Opera Education and Community Programs with proceeds from the sale of the coins being deposited for the Washington National Opera Education and Community Program with the specific purpose of aiding in the education of students, broadening awareness and appreciation for opera, and enriching standards for learning. SEC. 3. COIN SPECIFICATIONS. (a) $1 Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 300,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 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 Washington National Opera. (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 Commission of Fine Arts and the Board of Directors of the Washington National Opera (hereafter in this Act referred to as the ``Board''); and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. 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.--Not more than 1 facility of the United States Mint may be used to strike the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2010, except that the Secretary may initiate sales of such coins, without issuance, before such date. (d) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2010. (e) First Use of Year 2010 Date.--The coins minted under this Act shall be the first commemorative coins of the United States to be issued bearing the inscription of the year ``2010''. (f) Promotion Consultation.--The Secretary shall consult on a regular and frequent basis with the Board in order to establish a role for the Board in the promotion, advertising and marketing of the coins minted under this Act. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to-- (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 at a Discount.-- (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) Surcharge Required.--All sales of coins 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 which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Board on behalf of the Washington National Opera Education and Community Program to be used to aid in the education of students, broadening awareness and appreciation for opera, and enriching standards for learning. (c) Audits.--The Board and the Washington National Opera Education and Community Program shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.

Washington National Opera Commemorative Coin Act of 2004 - Directs the Secretary of the Treasury to mint, until December 31, 2010, coins in commemoration of the Washington National Opera. Provides for the issuance and sale of such coins.

To require the Secretary of the Treasury to mint coins in commemoration of the Washington National Opera, and for other purposes.

SECTION 1. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR CERTAIN RETIREMENT PLANS AND ACCOUNTS. (a) In General.--Section 401(a)(9) of the Internal Revenue Code of 1986 (relating to required distributions) is amended by adding at the end the following new subparagraph: ``(H) Temporary waiver of minimum required distribution.-- ``(i) In general.--The requirements of this paragraph shall not apply in calendar year 2008 or 2009. ``(ii) Plans must allow elections.--A trust forming part of a plan shall not constitute a qualified trust under this subsection unless the plan provides that it will allow an employee or beneficiary to elect to eliminate or reduce payments or distributions during calendar year 2009 which would otherwise be made to meet the requirements of this paragraph. This clause shall not apply to an employee or beneficiary who is receiving, after the annuity starting date, distributions under the plan through an annuity contract issued by a company licensed to do business as an insurance company under the laws of any State. ``(iii) Election.--An election under clause (ii) shall be made at such time and in such manner as the Secretary may prescribe. ``(iv) Coordination with similar requirements.--In the case of-- ``(I) an individual retirement account or annuity described in section 408, this subparagraph shall be applied without regard to clauses (ii) and (iii), and ``(II) an eligible deferred compensation plan described in section 457(b), this subparagraph shall only apply to such a plan maintained by an employer described in section 457(e)(1)(A). ``(v) Special rules regarding suspension period.--For purposes of this paragraph-- ``(I) the required beginning date with respect to such individual shall be determined without regard to this subparagraph for purposes of applying this paragraph to calendar years after 2009, and ``(II) if clause (ii) of subparagraph (B) applies to such individual, the amount of any distribution required by this paragraph for 2008 or 2009 which was not made (or rolled over) by reason of this subparagraph shall be required to be distributed in 2010.''. (b) Eligible Rollover Distributions.--Section 402(c)(4) of the Internal Revenue Code of 1986 (defining eligible rollover distribution) is amended by adding at the end the following new flush sentence: ``Subparagraph (A) shall not apply to any distributions made in 2008 or 2009 to an individual who is not subject to the required minimum distribution rules under section 401(a)(9) for the calendar year solely by reason of the application of section 401(a)(9)(H). In the case of a distribution which is treated as an eligible rollover distribution solely by reason of the preceding sentence, such distribution shall not be treated as an eligible rollover distribution for purposes of section 401(a)(31) or 3405(c) or subsection (f) of this section.''. (c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. (2) Extension of rollover periods for distributions in 2008.-- (A) In general.--In the case of a distribution from an eligible retirement plan made during 2008 to an individual who is not subject to the required minimum distribution rules under section 401(a)(9) of the Internal Revenue Code of 1986 for the calendar year solely by reason of the application of section 401(a)(9)(H) of such Code-- (i) the 60-day period under section 402(c)(3) or 408(d)(3) of such Code during which such distribution may be rolled over, whichever is applicable, shall not end before the later of-- (I) the due date (determined without regard to any extension) for filing the return of tax imposed by chapter 1 of such Code for the taxable year in which the distribution was made, or (II) the date which is 60 days after the date of the enactment of this Act, (ii) in the case of an individual retirement plan, the limitation under section 408(d)(3)(B) of such Code shall not apply to any rollover contribution of the distribution, and (iii) subject to such rules or guidance as the Secretary of the Treasury or the Secretary's delegate may prescribe-- (I) notwithstanding section 408(d)(3)(C) of such Code, if such individual is the beneficiary of an inherited individual retirement account or annuity, the individual may rollover such distribution, and (II) notwithstanding section 402(c)(11) of such Code, such individual shall not be treated as failing to meet the requirements of such section solely because the transfer is not made in a direct trustee-to-trustee transfer. (B) Eligible retirement plan.--For purposes of this paragraph, the term ``eligible retirement plan'' has the meaning given such term by section 402(c)(8)(B) of such Code. (3) Provisions relating to plan or contract amendments.-- (A) In general.--If this paragraph applies to any pension plan or contract amendment, such pension plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subparagraph (B)(ii)(I). (B) Amendments to which paragraph applies.-- (i) In general.--This paragraph shall apply to any amendment to any pension plan or annuity contract which-- (I) is made by reason of the amendments made by this section, and (II) is made on or before the last day of the first plan year beginning on or after January 1, 2011. In the case of a governmental plan, subclause (II) shall be applied by substituting ``2012'' for ``2011''. (ii) Conditions.--This paragraph shall not apply to any amendment unless-- (I) during the period beginning on January 1, 2009, and ending on December 31, 2009 (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (II) such plan or contract amendment applies retroactively for such period.

Amends the Internal Revenue Code to suspend in 2008 and 2009 requirements for minimum distributions from tax-deferred retirement plans. Permits taxpayers who have already received a minimum distribution to recontribute such distribution to their retirement plans.

A bill to amend the Internal Revenue Code of 1986 to suspend the minimum required pension distribution rules for 2008 and 2009.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Economic Recovery Act''. SEC. 2. LIMITATION ON INCOME TAX IMPOSED ON INDIVIDUALS WHO ARE RESIDENTS OF THE DISTRICT OF COLUMBIA. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to determination of tax liability) is amended by adding at the end the following new part: ``PART VIII--LIMITATION ON TAX IMPOSED ON RESIDENTS OF THE DISTRICT OF COLUMBIA ``Sec. 59B. Limitation on tax. ``SEC. 59B. LIMITATION ON TAX. ``(a) General Rule.--The net income tax of an individual who is a resident of the District of Columbia for the taxable year shall not exceed the limitation determined under subsection (b) for such year. ``(b) Limitation.--The limitation determined under this subsection is the sum of the amounts determined under paragraphs (1) and (2). ``(1) 15-percent rate of district-sourced income in excess of exemption amount.--The amount determined under this paragraph is an amount equal to 15 percent of so much of District-sourced income as exceeds the exemption amount. ``(2) Average rate of non-district-sourced adjusted gross income.--The amount determined under this paragraph is an amount equal to the average rate of the non-District-sourced adjusted gross income. ``(c) Definitions.--For purposes of this section-- ``(1) Resident of district of columbia.--An individual is a resident of the District of Columbia for the taxable year if-- ``(A) such individual used a residence in the District of Columbia as a place of abode (and was physically present at such place) for at least 183 days of such taxable year, and ``(B) such individual files a District of Columbia income tax return for such taxable year. ``(2) Net income tax.--The term `net income tax' means-- ``(A) the sum of regular tax liability and the tax imposed by section 55 (determined without regard to this section), reduced by ``(B) the aggregate credits allowable under part IV (other than section 31). ``(3) Exemption amount.--The term `exemption amount' means-- ``(A) $30,000 in the case of a joint return or a surviving spouse, ``(B) $15,000 in the case of-- ``(i) an individual who is not a married individual and is not a surviving spouse, and ``(ii) a married individual filing a separate return, and ``(C) $25,000 in the case of a head of a household. ``(4) Average rate.--The term `average rate' means the percentage determined by dividing-- ``(A) the sum (determined without regard to this section) of the taxpayer's regular tax liability and the tax imposed by section 55, by ``(B) the taxpayer's taxable income. If the percentage determined under the preceding sentence is not a whole number of percentage points, such percentage shall be rounded to the nearest whole number of percentage points. ``(5) Regular tax liability.--The term `regular tax liability' has the meaning given to such term by section 26(b). ``(d) District-Sourced Income.--For purposes of this section, the term `District-sourced income' means adjusted gross income reduced by the sum of-- ``(1) non-District-sourced adjusted gross income, ``(2) net capital gain determined by taking into account only gains and losses sourced in the District of Columbia, ``(3) the deduction allowed by section 170, and ``(4) the deduction allowed by section 163 to the extent attributable to qualified residence interest (as defined in section 163(h)). ``(e) Non-District-Sourced Adjusted Gross Income.--For purposes of this section, the term `non-District-sourced adjusted gross income' means gross income of the taxpayer from sources outside the District of Columbia reduced (but not below zero) by the deductions taken into account in determining adjusted gross income which are allocable to such income. ``(f) Sources of Income.--For purposes of this section-- ``(1) Retirement income and other income not sourced under subsection.--The source of any income not specifically provided for in this subsection shall be treated as from sources within the District of Columbia. ``(2) Personal services.-- ``(A) In general.--Compensation (other than retirement income) for services performed by the taxpayer as an employee, and net earnings from self- employment (as defined in section 1402)), shall be sourced at the place such services are performed. ``(B) Services performed in washington-baltimore area treated as performed in the district of columbia.--Services performed in the Washington- Baltimore area shall be treated as performed in the District of Columbia. ``(C) Individuals performing 80 percent of services within washington-baltimore area.--If, during any taxable year, at least 80 percent of the hours of service performed by an individual are performed within the Washington-Baltimore area, all such service shall be treated for purposes of this paragraph as performed within the District of Columbia. ``(D) Washington-baltimore area.--For purposes of this paragraph, the term `Washington-Baltimore area' means the area consisting of-- ``(i) the Washington/Baltimore Consolidated Metropolitan Statistical Area (as designated by the Office of Management and Budget), and ``(ii) St. Mary's County, Maryland. ``(3) Interest.-- ``(A) In general.--Interest received or accrued during the taxable year shall be treated as from sources outside the District of Columbia. ``(B) Exception for small amounts of non-district- sourced interest.--Interest which would (but for this subparagraph) be treated as from sources outside the District of Columbia shall be treated as from sources in the District of Columbia to the extent the amount of such interest does not exceed $400. ``(C) Exception for interest paid by district of columbia businesses and residents.-- ``(i) Businesses.--In the case of interest paid during a calendar year by a debtor which was required to file (and filed) a franchise tax return with the District of Columbia for the debtor's taxable year ending with or within the prior calendar year, an amount equal to the D.C. percentage (as shown on such return) of such interest shall be treated as from sources within the District of Columbia. The preceding sentence shall apply only if such percentage is furnished to the taxpayer in writing on or before January 31 of the year following the calendar year in which such interest is paid. ``(ii) Others.--Interest shall be treated as from sources within the District of Columbia if the interest is paid during a calendar year by a debtor-- ``(I) which was required to file (and filed) an income tax return with the District of Columbia for the debtor's taxable year ending during the prior calendar year, and ``(II) which is not required to file a franchise tax return with the District of Columbia for such taxable year. ``(D) Special rule for determination of d.c. percentage for new businesses.--Interest shall be treated as from sources within the District of Columbia if the interest is paid during a calendar year by a debtor which was required to file (and filed) a franchise tax return with the District of Columbia for such debtor's taxable year ending during such calendar year, but which was not required to file such a return for such debtor's prior taxable year. ``(4) Dividends.-- ``(A) In general.--Dividends received or accrued during the taxable year shall be treated as from sources outside the District of Columbia. ``(B) Exception for small amounts of non-district- sourced dividends.--Dividends which would (but for this subparagraph) be treated as from sources outside the District of Columbia shall be treated as from sources in the District of Columbia to the extent the amount of such dividends do not exceed $400. ``(C) Exception for dividends paid by corporation engaged in business in the district of columbia.--In the case of dividends paid during a calendar year by a corporation which was required to file (and filed) a franchise tax return with the District of Columbia for the debtor's taxable year ending during the prior calendar year, an amount equal to the D.C. percentage (as shown on such return) of such dividends shall be treated as from sources within the District of Columbia. The preceding sentence shall apply only if such percentage is furnished to the taxpayer in writing on or before January 31 of the year following the calendar year in which such dividends are paid. ``(5) Disposition of tangible property.--Income, gain, or loss from the disposition of tangible property shall be sourced to the place such property is located at the time of the disposition. ``(6) Disposition of intangible property.-- ``(A) In general.--Income, gain, or loss from the disposition of intangible property shall be treated as from sources outside the District of Columbia. ``(B) Exception.-- If any portion of the most recent income received or accrued before such disposition which was attributable to such property was from sources within the District of Columbia, a like portion of the income, gain, or loss from such disposition shall be treated as from sources within the District of Columbia. ``(7) Rentals.--Rents from property shall be sourced at the place where such property is located. ``(8) Royalties.--Royalties shall be treated as from sources outside the District of Columbia. ``(9) Income from proprietorship.-- ``(A) In general.--In the case of a trade or business carried on by the taxpayer as a proprietorship, income from such trade or business (other than income which is included in net earnings from self-employment by the taxpayer) shall be treated as from sources outside the District of Columbia. ``(B) Exception for district of columbia businesses.--If the taxpayer is required to file (and files) a franchise tax return with the District of Columbia for the taxable year, subparagraph (A) shall not apply to an amount equal to the D.C. percentage of such income. ``(10) Income from partnership.-- ``(A) In general.--In the case of a taxpayer who is a partner in a partnership, income from such partnership (other than income which is included in net earnings from self-employment by any partner) shall be treated as from sources outside the District of Columbia. ``(B) Exceptions.-- ``(i) Subparagraph (A) shall not apply to a partnership which was required to file (and filed) a franchise tax return with the District of Columbia for the partnership's taxable year ending with or within the taxpayer's taxable year to the extent of the D.C. percentage of the taxpayer's distributive share of the partnership income. ``(ii) Subparagraph (A) shall not apply to a partnership which was not required to file a franchise tax return with the District of Columbia for the partnership's taxable year ending with or within the taxpayer's taxable year to the extent of the taxpayer's distributive share of partnership income which is not (as determined under this subsection) from sources outside the District of Columbia. ``(11) Income in respect of a decedent; income from an estate.--Income in respect of a decedent, and income from an estate, shall be sourced at the place where the decedent was domiciled at the time of his death. ``(12) Income from a trust.--Income (other than retirement income) from a trust shall be treated as from the same sources as the income of the trust to which it is attributable. ``(g) Definitions Relating to Subsection (f).--For purposes of subsection (f)-- ``(1) Retirement income.--The term `retirement income' has the meaning given such term by section 114(b)(1) of title 4, United States Code (determined without regard to subparagraph (I) thereof). ``(2) D.C. percentage.--The term `D.C. percentage' means the percentage determined by dividing-- ``(A) the net income taxable in the District of Columbia (as shown on the original return for the taxable year), by ``(B) total net income from all sources (as shown on such return). The preceding sentence shall be applied based on amounts shown on the original applicable District of Columbia franchise or income tax return. ``(h) Section Not To Apply to Estates and Trusts.--This section shall not apply to an estate or trust. ``(i) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.'' (b) Conforming Amendments.-- (1) Paragraph (1) of section 55(c) of such Code is amended by adding at the end the following: ``Such regular tax shall be determined without regard to section 59B.'' (2) The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VIII. Limitation on tax imposed on residents of the District of Columbia.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

District of Columbia Economic Recovery Act - Amends the Internal Revenue Code to set forth a limitation on the income tax imposed on individuals who are residents of the District of Columbia. Specifies that the limitation is the sum of: (1) 15 percent of so much District-sourced income as exceeds the exemption amount; and (2) the average rate of the non-District-sourced adjusted gross income. Sets forth definitions, including for "resident of the District of Columbia" and "exemption amount." Provides for the tax treatment of certain sources of income.

District of Columbia Economic Recovery Act

SECTION 1. RECONSULTATION ON CENTRAL VALLEY PROJECT AND THE CALIFORNIA STATE WATER PROJECT. (a) Findings and Purpose.-- (1) Findings.--The Congress finds and declares the following: (A) The United States owns and operates the California Central Valley Project (CVP), originally federally authorized under the Emergency Relief Appropriation Act of 1935 (49 Stat. 115), and reauthorized multiple times since-- (i) to provide for improved navigation, flow regulation and flood control, storage and delivery of water, hydropower production, construction of distribution systems to deliver water for the reclamation of arid and semiarid lands; (ii) to protect, restore, and enhance fish, wildlife and associated habitats; and (iii) to provide other beneficial uses. (B) The State of California owns and operates the California State Water Project (SWP), the Nation's largest State-built water and power development and conveyance system, which was authorized in 1960 by a State referendum known as the Burns-Porter Act to provide for water storage and delivery, hydropower generation, flood control, recreation, water quality, fish and wildlife enhancement, and other beneficial uses. (C) California is the world's 8th largest economy and accounts for 13 percent of the Nation's economic output. Water conveyed from northern to southern California through the Bay Delta supports 25 percent of the State's economy, is a source of drinking water for over 22 million people, irrigates nearly 50 percent of the Nation's fruits and vegetables, and supplies numerous wildlife management and ecosystem restoration projects. (D) Several species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and potentially affected by the continued operation of the CVP and SWP are experiencing historic or near-historic- recorded low population levels. (E) A number of scientific investigations have been initiated by State, Federal, and local agencies, academia, and private interests to identify the causes of these declines and recorded low population levels. The vast majority of these studies have concluded that these species are being impacted by a multitude of environmental factors including predation, competition from invasive species, entrainment by public and private water diversions, legal and illegal harvest, contamination emanating from urban and industrial wastewater discharges, agricultural and urban runoff, ocean conditions, and other environmental consequences associated with climate change. (F) Operations of the CVP and SWP are coordinated to a large degree by the Coordinated Operations Agreement between the United States and State of California and implemented by Congress in 1986 (Public Law 99-546). (G) The existing and proposed operations of the CVP and SWP are subject to consultation with the Unites States Fish & Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) under section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)). The current biological opinions were prepared separately, under direction by the United States District Court for the Eastern District of California, and issued December 2008 and June 2009, respectively. (H) The Central Valley Project Improvement Act of 1992 (Public Law 102-575) re-allocated on average over 1.6 million acre-feet of water annually away from water users for environmental restoration, disproportionately impacting rural, agricultural communities in the San Joaquin Valley. (I) The 2008 FWS and 2009 NMFS biological opinions are projected to result in an additional 1,200,000 acre-feet of reductions annually, combined, on average. (J) The State of California has been hard hit by three critically dry years. Coupled with an economic downturn, severely restricted water supply deliveries from the CVP and SWP to water service users has resulted in San Joaquin Valley cities and farm communities suffering unemployment numbers upwards of 30 to 40 percent, with tens of thousands of jobs lost, hundreds of thousands of acres fallowed, and other environmental consequences. (K) The current 2008 FWS and 2009 NMFS biological opinions consider complex actions taking place in highly altered environments but do not analyze the relative impact of any other environmental factors affecting the survival or recovery of the listed species, though they do acknowledge that conditions and activities not within the control of the CVP and SWP are likely to place substantial stress upon them. Further, as the 2008 FWS and 2009 NMFS biological opinions were developed separate of one another, there exist potential conflicts between them that may adversely impact one listed species in an attempt to protect another. (2) Purpose.--The purpose of this section is to resolve these potential conflicts and to address the full range of environmental factors that are likely jeopardizing the continued existence or recovery of the listed species or resulting in the destruction or adverse modification of their critical habitat. (b) Reconsultation Required.-- (1) In general.--Within 90 days after the date of enactment of this Act, the Commissioner of the Bureau of Reclamation shall initiate consultation with the Secretary of the Interior and the Secretary of Commerce regarding the existing and proposed operations of the Central Valley Project and the California State Water Project, including as described in the Operations Criteria and Plan for the Central Valley Project, California, under section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)). (2) Covered species.--The consultation shall include all species listed under section 4(c) of such Act (16 U.S.C. 1533(c)) and all candidate species (as that term is used in that Act) that are or will be affected by such proposed operations. (3) Analysis of factors.--In conducting the consultation required by this subsection, the Secretary of the Interior and the Secretary of Commerce shall each-- (A) identify, analyze, and describe all factors affecting the survival and recovery of the species referred to in paragraph (2), other than operations of the Central Valley Project and the California State Water Project, including-- (i) municipal wastewater discharges; (ii) urban and agricultural runoff; (iii) industrial discharges; (iv) major power plant water diversions and discharges; (v) private water diversions within the Sacramento-San Joaquin River Delta; and (vi) predation by invasive species, including striped bass; (B) identify, analyze, and describe the effect of invasive species and wastewater discharges on food availability on the survival and recovery of the species referred to in paragraph (2), including changes in the composition or availability of prey; changes in climate; and alterations in the species' critical habitat; (C) identify, analyze, and to the greatest extent practicable quantify the relative effect of each factor affecting the survival and recovery of the subject species; (D) rank each such factor in the order of its relative effect on the likelihood of the survival and recovery of the species referred to in paragraph (2); and (E) identify the specific, additional incremental effect of existing and proposed discretionary operations of the Central Valley Project and California State Water Project on the survival and recovery of the species referred to in paragraph (2), in relation to all other factors affecting such survival and recovery. (c) Biological Opinion.-- (1) In general.--The Secretary of the Interior and the Secretary of Commerce shall issue a statement under section 7(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(3)) with respect to the existing and proposed operations that are the subject of the consultation under subsection (b) of this section. (2) Reasonable and prudent alternatives.--If the Secretary of the Interior and the Secretary of Commerce include in the statement reasonable and prudent alternatives to discretionary project operations, they shall-- (A) specify and specifically describe in the statement the increased species abundance they estimate will result from such alternatives; and (B) limit the measures required by the reasonable and prudent alternative to no more than the proportionate effects of those discretionary project operations in relation to the factors referred to in subsection (b)(3)(A) affecting the species referred to in subsection (b)(2). (3) Other actions or measures.--The Secretary of the Interior and the Secretary of Commerce shall identify and recommend in the statement actions or measures that are not within the jurisdiction of the Bureau of Reclamation, but are necessary to address any factors referred to in subsection (b)(3)(A) that are jeopardizing the species referred to in subsection (b)(2) or adversely modifying their critical habitat. (d) Deadline for Completion.-- (1) In general.--The Commissioner and each such Secretary shall conclude consultation under subsection (b) and issue a statement under subsection (c) by the end of the 90-day period on which the consultation under subsection (b) is initiated by the Commissioner. (2) No extension.--Notwithstanding any other law, including paragraphs (1) and (2) of section 7(b) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)), the period under paragraph (1) may not be extended. (e) Citizen Suits.--For purposes of section 11(g) of the of the Endangered Species Act of 1973 (16 U.S.C. 1540(g)), this section is deemed to be a provision of that Act. (f) Other Consultation and Biological Opinion Not Effective.--Any consultation conducted or statement issued before the date of enactment of this Act under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) with respect to the existing and proposed operations referred to in subsection (b)(1) shall have no force or effect after the date of the issuance of the statement under this section.

Requires the Commissioner of the Bureau of Reclamation to initiate (and conclude within 90 days) consultation with the Secretary of the Interior and the Secretary of Commerce on the existing and proposed operations of the Central Valley Project and the California State Water Project, including regarding all endangered, threatened, and candidate species listed under the Endangered Species Act affected by such proposed operations. Requires the Secretaries to: (1) identify, analyze, and describe all factors, other than operations of the Projects, affecting the survival and recovery of such species and the effect of invasive species and wastewater discharges on food availability on the survival and recovery of such species; (2) quantify the relative effect of each factor affecting the survival and recovery of the subject species; (3) rank each such factor in the order of its effect on the likelihood of the survival and recovery of the species; and (4) identify the specific, additional incremental effect of existing and proposed discretionary operations of the Projects on the survival and recovery of the species in relation to all other factors affecting such survival and recovery. Requires the Secretaries: (1) to issue a statement setting forth their opinion detailing how existing and proposed operations of such Projects affect such species or their critical habitat; (2) if they include in the statement reasonable and prudent alternatives to discretionary project operations, to describe the increased species abundance they estimate will result from such alternatives and limit the measures required by the alternatives to no more than the proportionate effects of those discretionary project operations in relation to the factors affecting the species; and (3) to identity and recommend actions or measures that are not within the jurisdiction of the Bureau but are necessary to address any factors that are jeopardizing such species or adversely modifying their critical habitat. Declares that any consultation conducted or statement issued before this Act's enactment with respect to the existing and proposed operations shall have no force or effect after the statement is issued under this Act.

To direct the Commissioner of the Bureau of Reclamation to initiate consultations under the Endangered Species Act of 1973 on the Central Valley Project and the California State Water Project, and for other purposes.

SECTION 1. CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF BOOK INVENTORIES. (a) In General.--Section 170(e)(3) of the Internal Revenue Code of 1986 (relating to certain contributions of ordinary income and capital gain property) is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Special rule for contributions of book inventory for educational purposes.-- ``(i) Contributions of book inventory.--In determining whether a qualified book contribution is a qualified contribution, subparagraph (A) shall be applied without regard to whether-- ``(I) the donee is an organization described in the matter preceding clause (i) of subparagraph (A), and ``(II) the property is to be used by the donee solely for the care of the ill, the needy, or infants. ``(ii) Amount of reduction.-- Notwithstanding subparagraph (B), the amount of the reduction determined under paragraph (1)(A) shall not exceed the amount by which the fair market value of the contributed property (as determined by the taxpayer using a bona fide published market price for such book) exceeds twice the basis of such property. ``(iii) Qualified book contribution.--For purposes of this paragraph, the term `qualified book contribution' means a charitable contribution of books, but only if the requirements of clauses (iv) and (v) are met. ``(iv) Identity of donee.--The requirement of this clause is met if the contribution is to an organization-- ``(I) described in subclause (I) or (III) of paragraph (6)(B)(i), or ``(II) described in section 501(c)(3) and exempt from tax under section 501(a) (other than a private foundation, as defined in section 509(a), which is not an operating foundation, as defined in section 4942(j)(3)), which is organized primarily to make books available to the general public at no cost or to operate a literacy program. ``(v) Certification by donee.--The requirement of this clause is met if, in addition to the certifications required by subparagraph (A) (as modified by this subparagraph), the donee certifies in writing that-- ``(I) the books are suitable, in terms of currency, content, and quantity, for use in the donee's educational programs, and ``(II) the donee will use the books in its educational programs. ``(vi) Bona fide published market price.-- For purposes of this subparagraph, the term `bona fide published market price' means, with respect to any book, a price-- ``(I) determined using the same printing and edition, ``(II) determined in the usual market in which such a book has been customarily sold by the taxpayer, and ``(III) for which the taxpayer can demonstrate to the satisfaction of the Secretary that the taxpayer customarily sold such books in arm's length transactions within 7 years preceding the contribution of such a book.''. (b) Effective Date.--The amendments made by this section shall apply to contributions made after the date of the enactment of this Act

Amends the Internal Revenue Code to set forth a rule for determining the amount of the deduction allowable for charitable book inventory contributions for educational purposes.

A bill to amend the Internal Revenue Code of 1986 to enhance book donations and literacy.

SECTION 1. SPECIAL RULE FOR CERTAIN FACILITIES GENERATING ELECTRICITY FROM BIOMASS AND MUNICIPAL SOLID WASTE. (a) In General.--Section 45(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Special rule for certain qualified facilities.-- ``(A) In general.--In the case of electricity produced at a qualified facility described in paragraph (3) or (7) of subsection (d) and placed in service before the date of the enactment of this paragraph, a taxpayer may elect to apply subsection (a)(2)(A)(ii) by substituting `the period beginning after December 31, 2016, and ending before January 1, 2018' for `the 10- year period beginning on the date the facility was originally placed in service'. ``(B) Limitation.--No credit shall be allowed under subsection (a) to any taxpayer making an election under this paragraph with respect to electricity produced and sold at a facility during any period which, when aggregated with all other periods for which a credit is allowed under this section with respect to electricity produced and sold at such facility, is in excess of 10 years.''. (b) Effective Date.--The amendment made by this section shall take effect on January 1, 2017. SEC. 2. MODIFICATION TO DEFINITION OF MUNICIPAL SOLID WASTE. (a) In General.--Paragraph (6) of section 45(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(6) Municipal solid waste.-- ``(A) In general.--The term `municipal solid waste' has the meaning given the term `solid waste' under section 2(27) of the Solid Waste Disposal Act (42 U.S.C. 6903), except that such term does not include-- ``(i) paper which is commonly recycled and which has been segregated from other solid waste (as so defined), or ``(ii) solid waste (as so defined) which is collected as part of a system which commingles commonly recycled paper with other solid waste which is not commonly recycled at any point from the time of collection through any materials recovery. ``(B) Special rule with respect to incidental and residual waste.--Subparagraph (A)(ii) shall not apply to-- ``(i) solid waste (as so defined) which only contains an incidental amount of commonly recycled paper, and ``(ii) solid waste (as so defined) which is residual waste generated at a materials recovery facility that receives and processes only paper and other recyclable materials containing no more than an incidental amount of non-recyclable solid waste. ``(C) No effect on existing processes.--Nothing in subparagraph (A) shall be interpreted to require a State or a political subdivision of a State, directly or indirectly, to change the systems, processes, or equipment it uses to collect, treat, dispose, or otherwise use municipal solid waste, within the meaning of the Solid Waste Disposal Act (42 U.S.C. 6903 et seq.), nor require a change to the regulations that implement subtitle D of such Act (42 U.S.C. 6901 et seq.).''. (b) Rules With Respect to Electricity Produced From Solid Waste.-- Subsection (e) of section 45 of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new paragraph: ``(13) Source of municipal solid waste feedstock.--In the case of a qualified facility that produces electricity both from municipal solid waste and other solid waste that is not a qualified energy resource-- ``(A) such facility shall be considered a qualified facility if it otherwise meets the requirements of subsection (d), and ``(B) subsection (a) shall only apply to that portion of the electricity produced from municipal solid waste.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

This bill amends the Internal Revenue Code, with respect to the tax credit for producing electricity from renewable resources, to allow a taxpayer to elect the application of such credit to open-loop biomass and trash facilities during the period beginning after December 31, 2016, and ending before January 1, 2018 (in lieu of the 10-year period after the facilities are originally placed in service). The bill limits the aggregate period during which a taxpayer can claim a tax credit with respect to a facility to 10 years. The bill also modifies the definition of "municipal solid waste" to specify that the term does not include solid waste collected as part of a system which commingles commonly recycled paper with other solid waste which is not commonly recycled at any point from the time of collection through any materials recovery. The bill includes exceptions for incidental and residual waste. In the case of a facility that produces electricity both from municipal solid waste and other solid waste that is not a qualified energy resource: (1) the facility is a qualified facility if it otherwise meets the requirements for qualified facilities, and (2) the credit only applies to the portion of the electricity produced from municipal solid waste.

A bill to amend the Internal Revenue Code of 1986 to modify the credit for production of electricity from renewable resources to allow a credit for certain open-loop biomass and trash facilities placed in service before the date of the enactment of this Act and to modify the definition of municipal solid waste.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Behavioral Health Care Integration Act of 2016''. SEC. 2. PRIMARY AND BEHAVIORAL HEALTH CARE INTEGRATION GRANT PROGRAMS. Section 520K of the Public Health Service Act (42 U.S.C. 290bb-42) is amended to read as follows: ``SEC. 520K. INTEGRATION INCENTIVE GRANTS. ``(a) In General.--The Secretary shall establish a primary and behavioral health care integration grant program. The Secretary may award grants and cooperative agreements to eligible entities to expend funds for improvements in integrated settings with integrated practices. ``(b) Definitions.--In this section: ``(1) Integrated care.--The term `integrated care' means full collaboration in merged or transformed practices offering behavioral and physical health services within the same shared practice space in the same facility, where the entity-- ``(A) provides services in a shared space that ensures services will be available and accessible promptly and in a manner which preserves human dignity and assures continuity of care; ``(B) ensures communication among the integrated care team that is consistent and team-based; ``(C) ensures shared decisionmaking between behavioral health and primary care providers; ``(D) provides evidence-based services in a mode of service delivery appropriate for the target population; ``(E) employs staff who are multidisciplinary and culturally and linguistically competent; ``(F) provides integrated services related to screening, diagnosis, and treatment of mental illness and substance use disorder and co-occurring primary care conditions and chronic diseases; and ``(G) provides targeted case management, including services to assist individuals gaining access to needed medical, social, educational, and other services and applying for income security, housing, employment, and other benefits to which they may be entitled. ``(2) Integrated care team.--The term `integrated care team' means a team that includes-- ``(A) allopathic or osteopathic medical doctors, such as a primary care physician and a psychiatrist; ``(B) licensed clinical behavioral health professionals, such as psychologists or social workers; ``(C) a case manager; and ``(D) other members, such as psychiatric advanced practice nurses, physician assistants, peer-support specialists or other allied health professionals, such as mental health counselors. ``(3) Special population.--The term `special population' means-- ``(A) adults with mental illnesses who have co- occurring primary care conditions with chronic diseases; ``(B) adults with serious mental illnesses who have co-occurring primary care conditions with chronic diseases; ``(C) children and adolescents with serious emotional disorders with co-occurring primary care conditions and chronic diseases; ``(D) older adults with mental illness who have co- occurring primary care conditions with chronic conditions; ``(E) individuals with substance use disorder; or ``(F) individuals from populations for which there is a significant disparity in the quality, outcomes, cost, or use of mental health or substance use disorder services or a significant disparity in access to such services, as compared to the general population, such as racial and ethnic minorities and rural populations. ``(c) Purpose.--The grant program under this section shall be designed to lead to full collaboration between primary and behavioral health in an integrated practice model to ensure that-- ``(1) the overall wellness and physical health status of individuals with serious mental illness and co-occurring substance use disorders is supported through integration of primary care into community mental health centers meeting the criteria specified in section 1913(c) of the Social Security Act or certified community behavioral health clinics described in section 223 of the Protecting Access to Medicare Act of 2014; or ``(2) the mental health status of individuals with significant co-occurring psychiatric and physical conditions will be supported through integration of behavioral health into primary care settings. ``(d) Eligible Entities.--To be eligible to receive a grant or cooperative agreement under this section, an entity shall be a State department of health, State mental health or addiction agency, State Medicaid agency, or licensed health care provider or institution. The Administrator may give preference to States that have existing integrated care models, such as those authorized by section 1945 of the Social Security Act. ``(e) Application.--An eligible entity desiring a grant or cooperative agreement under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may require, including a description of a plan to achieve fully collaborative agreements to provide services to special populations and-- ``(1) a document that summarizes the State-specific policies that inhibit the provision of integrated care, and the specific steps that will be taken to address such barriers, such as through licensing and billing procedures; and ``(2) a plan to develop and share a de-identified patient registry to track treatment implementation and clinical outcomes to inform clinical interventions, patient education, and engagement with merged or transformed integrated practices in compliance with applicable national and State health information privacy laws. ``(f) Grant Amounts.--The maximum annual grant amount under this section shall be $2,000,000, of which not more than 10 percent may be allocated to State administrative functions, and the remaining amounts shall be allocated to health facilities that provide integrated care. ``(g) Duration.--A grant under this section shall be for a period of 5 years. ``(h) Report on Program Outcomes.--An entity receiving a grant or cooperative agreement under this section shall submit an annual report to the Administrator that includes-- ``(1) the progress to reduce barriers to integrated care, including regulatory and billing barriers, as described in the entity's application under subsection (d); and ``(2) a description of functional outcomes of special populations, such as-- ``(A) with respect to individuals with serious mental illness, participation in supportive housing or independent living programs, engagement in social or education activities, participation in job training or employment opportunities, attendance at scheduled medical and mental health appointments, and compliance with treatment plans; ``(B) with respect to individuals with co-occurring mental illness and primary care conditions and chronic diseases, attendance at scheduled medical and mental health appointments, compliance with treatment plans, and participation in learning opportunities related to improved health and lifestyle practice; and ``(C) with respect to children and adolescents with serious emotional disorders who have co-occurring primary care conditions and chronic diseases, attendance at scheduled medical and mental health appointments, compliance with treatment plans, and participation in learning opportunities at school and extracurricular activities. ``(i) Technical Assistance Center for Primary-Behavioral Health Care Integration.-- ``(1) In general.--The Secretary shall establish a program through which such Secretary shall provide appropriate information, training, and technical assistance to eligible entities that receive a grant or cooperative agreement under this section, in order to help such entities to meet the requirements of this section, including assistance with-- ``(A) development and selection of integrated care models; ``(B) dissemination of evidence-based interventions in integrated care; ``(C) establishment of organizational practices to support operational and administrative success; and ``(D) other activities, as the Secretary determines appropriate. ``(2) Additional dissemination of technical information.-- The information and resources provided by the technical assistance program established under paragraph (1) shall be made available to States, political subdivisions of a State, Indian tribes or tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act), outpatient mental health and addiction treatment centers, community mental health centers that meet the criteria under section 1913(c), certified community behavioral health clinics described in section 223 of the Protecting Access to Medicare Act of 2014, primary care organizations such as Federally qualified health centers or rural health centers, other community-based organizations, or other entities engaging in integrated care activities, as the Secretary determines appropriate. ``(j) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $50,000,000 for each of fiscal years 2017 through 2021, of which $2,000,000 shall be available to the technical assistance program under subsection (i).''.

Behavioral Health Care Integration Act of 2016 This bill amends the Public Health Service Act to replace a Substance Abuse and Mental Health Services Administration (SAMHSA) program to support demonstration projects for providing integrated health care to certain patient populations with a program to support integration of primary and behavioral health care. The program must be designed to lead to full collaboration between primary care and behavioral health providers in the same facility to ensure support for individuals with mental illness and a physical condition or substance use disorder. Under the program, grants and cooperative agreements may be awarded to state departments of health, state mental health or addiction agencies, state Medicaid agencies, and health care providers and institutions. Recipients must report to SAMHSA on progress in reducing barriers to integrated care and outcomes for certain patient populations.

Behavioral Health Care Integration Act of 2016