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SECTION 1. LAND TRANSFER AND WITHDRAWAL, MELROSE AIR FORCE RANGE, NEW MEXICO, AND YAKIMA TRAINING CENTER, WASHINGTON. (a) Melrose Air Force Range, New Mexico.-- (1) Transfer.--Administrative jurisdiction over the surface estate of the following lands is hereby transferred from the Secretary of the Interior to the Secretary of the Air Force: new mexico principal meridian T. 1 N., R. 30 E. Sec. 2: S\1/2\. Sec. 11: All. Sec. 20: S\1/2\SE\1/4\. Sec. 28: All. T. 1 S., R. 30 E. Sec. 2: Lots 1-12, S\1/2\. Sec. 3: Lots 1-12, S\1/2\. Sec. 4: Lots 1-12, S\1/2\. Sec. 6: Lots 1 and 2. Sec. 9: N\1/2\, N\1/2\S\1/2\. Sec. 10: N\1/2\, N\1/2\S\1/2\. Sec. 11: N\1/2\, N\1/2\S\1/2\. T. 2 N., R. 30 E. Sec. 20: E\1/2\SE\1/4\. Sec. 21: SW\1/4\, W\1/2\SE\1/4\. Sec. 28: W\1/2\E\1/2\, W\1/2\. Sec. 29: E\1/2\E\1/2\. Sec. 32: E\1/2\E\1/2\. Sec. 33: W\1/2\E\1/2\, NW\1/4\, S\1/2\SW\1/ 4\. Aggregating 6,713.90 acres, more or less. (2) Status of surface estate.--Upon transfer of the surface estate of the lands described in paragraph (1), the surface estate shall be treated as real property subject to the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). (3) Withdrawal of mineral estate.--Subject to valid existing rights, the mineral estate of the lands described in paragraph (1) is withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws, but not the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.). (4) Use of mineral materials.--Notwithstanding any other provision of this subsection or the Act of July 31, 1947, the Secretary of the Air Force may use, without application to the Secretary of the Interior, the sand, gravel, or similar mineral material resources on the lands described in paragraph (1), of the type subject to disposition under the Act of July 31, 1947, when the use of such resources is required for construction needs on Melrose Air Force Range, New Mexico. (b) Yakima Training Center, Washington.-- (1) Transfer.--Administrative jurisdiction over the surface estate of the following lands is hereby transferred from the Secretary of the Interior to the Secretary of the Army: willamette meridian T. 17 N., R. 20 E. Sec. 22: S\1/2\. Sec. 24: S\1/2\SW\1/4\ and that portion of the E\1/2\ lying south of the Interstate Highway 90 right-of-way. Sec. 26: All. T. 16 N., R. 21 E. Sec. 4: SW\1/4\SW\1/4\. Sec. 12: SE\1/4\. Sec. 18: Lots 1, 2, 3, and 4, E\1/2\ and E\1/2\W\1/2\. T. 17 N., R. 21 E. Sec. 30: Lots 3 and 4. Sec. 32: NE\1/4\SE\1/4\. T. 16 N., R. 22 E. Sec. 2: Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and S\1/2\. Sec. 4: Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and S\1/2\. Sec. 10: All. Sec. 14: All. Sec. 20: SE\1/4\SW\1/4\. Sec. 22: All. Sec. 26: N\1/2\. Sec. 28: N\1/2\. T. 16 N., R. 23 E. Sec. 18: Lots 3 and 4, E\1/2\SW\1/4\, W\1/ 2\SE\1/4\, and that portion of the E\1/2\SE\1/ 4\ lying westerly of the westerly right-of-way line of Huntzinger Road. Sec. 20: That portion of the SW\1/4\ lying westerly of the easterly right-of-way line of the railroad. Sec. 30: Lots 1 and 2, NE\1/4\ and E\1/ 2\NW\1/4\. Aggregating 6,640.02 acres. (2) Status of surface estate.--Upon transfer of the surface estate of the lands described in paragraph (1), the surface estate shall be treated as real property subject to the Federal Property and Administrative Services Act of 1949 (40 U.S.C 471 et seq.). (3) Withdrawal of mineral estate.--Subject to valid existing rights, the mineral estate of the lands described in paragraph (1) and of the following lands are withdrawn from all forms of appropriation under the public land laws, including the mining laws and the geothermal leasing laws, but not the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.) and the Mineral Leasing Act (30 U.S.C. 181 et seq.): willamette meridian T. 16 N., R. 20 E. Sec. 12: All. Sec. 18: Lot 4 and SE\1/4\. Sec. 20: S\1/2\. T. 16 N., R. 21 E. Sec. 4: Lots 1, 2, 3, and 4, S\1/2\NE\1/2\. Sec. 8: All. T. 16 N., R. 22 E. Sec. 12: All. T. 17 N., R. 21 E. Sec. 32: S\1/2\SE\1/4\. Sec. 34: W\1/2\. Aggregating 3,090.80 acres. (4) Use of mineral materials.--Notwithstanding any other provision of this subsection or the Act of July 31, 1947, the Secretary of the Army may use, without application to the Secretary of the Interior, the sand, gravel, or similar mineral material resources on the lands described in paragraphs (1) and (3), of the type subject to disposition under the Act of July 31, 1947, when the use of such resources is required for construction needs on the Yakima Training Center, Washington. Passed the Senate October 5 (legislative day, September 22), 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 2757 _______________________________________________________________________ AN ACT To provide for the transfer and other disposition of certain lands at Melrose Air Force Range, New Mexico, and Yakima Training Center, Washington.

Transfers administrative jurisdiction over the surface estate of specified public lands at Yakima Training Center, Washington, from the Secretary to the Secretary of the Army. Sets forth similar withdrawal and use requirements.

A bill to provide for the transfer or other disposition of certain lands at Melrose Air Force Range, New Mexico, and Yakima Training Center, Washington.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low Income Community Development Tax Credit Act of 1995''. SEC. 2. CREDIT FOR NONRESIDENTIAL BUILDINGS CONSTRUCTED OR RENOVATED IN DISTRESSED AREAS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45C. CREDIT FOR NONRESIDENTIAL BUILDINGS IN DISTRESSED AREAS. ``(a) In General.--For purposes of section 38, the amount of the distressed area building credit determined under this section for any taxable year in the credit period shall be an amount equal to-- ``(1) the applicable percentage of ``(2) the eligible basis of each qualified distressed area building. ``(b) Applicable Percentage: 70 Percent Present Value Credit for Certain New Buildings; 30 Percent Present Value Credit for Certain Other Buildings.--For purposes of this section-- ``(1) In general.--The term `applicable percentage' means the appropriate percentage prescribed by the Secretary for the earlier of-- ``(A) the month in which such building is placed in service, or ``(B) at the election of the taxpayer-- ``(i) the month in which the taxpayer and the credit allocating agency enter into an agreement with respect to such building (which is binding on such agency, the taxpayer, and all successors in interest) as to the building credit dollar amount to be allocated to such building, or ``(ii) in the case of any building to which the rules of section 42(h)(4)(B) apply, the month in which the tax-exempt obligations are issued. A month may be elected under clause (ii) only if the election is made not later than the 5th day after the close of such month. Such an election, once made, shall be irrevocable. ``(2) Method of prescribing percentages.-- ``(A) In general.--The percentages prescribed by the Secretary for any month shall be percentages which will yield over a 10-year period amounts of credit under subsection (a) which have a present value equal to-- ``(i) 70 percent of the eligible basis of a new building, and ``(ii) 30 percent of the eligible basis of an existing building. ``(B) Increased credit for buildings in more distressed areas.--In the case of buildings located in a census tract which would be a distressed area if `50 percent' were substituted for `80 percent' in subsection (c)(2), subparagraph (A) shall be applied by substituting `75 percent' for `70 percent' and `35 percent' for `30 percent'. ``(c) Qualified Distressed Area Building; Distressed Area.--For purposes of this section-- ``(1) Qualified distressed area building.--The term `qualified distressed area building' means any building (other than residential rental property) which, when placed in service, is located in a distressed area. ``(2) Distressed area.--The term `distressed area' means any census tract in which, for the most recent year for which census data are available on household income in such tract, 70 percent or more of the households have an income which is 80 percent or less of the area median gross income (within the meaning of section 142(d)) for such year. ``(d) Eligible basis.--For purposes of this section, the eligible basis of any building shall be determined under the rules of paragraphs (1) and (2) of section 42(d). ``(e) Rehabilitation expenditures treated as separate new building.-- ``(1) In general.--Rehabilitation expenditures paid or incurred by the taxpayer with respect to any building shall be treated for purposes of this section as a separate new building. ``(2) Rehabilitation expenditures.--For purposes of paragraph (1)-- ``(A) In general.--The term `rehabilitation expenditures' means amounts chargeable to capital account and incurred for property (or additions or improvements to property) of a character subject to the allowance for depreciation in connection with the rehabilitation of a building. ``(B) Cost of acquisition, etc., not included.-- Such term does not include the cost of acquiring any building (or interest therein). ``(3) Minimum expenditures to qualify.-- ``(A) In general.--Paragraph (1) shall apply to rehabilitation expenditures with respect to any building only if the amount of such expenditures during any 24-month period is not less than 10 percent of the adjusted basis of the building (determined as of the 1st day of such period and without regard to paragraphs (2) and (3) of section 1016(a)). ``(B) Date of determination.--The determination under subparagraph (A) shall be made as of the close of the 1st taxable year in the credit period with respect to such expenditures. ``(4) Special rules.--Rules similar to the rules of paragraph (4)(A) and (5) of section 42(e) shall apply for purposes of this subsection. ``(f) Definition and Special Rules Relating to Credit Period.-- ``(1) Credit period defined.--For purposes of this section, the term `credit period' means, with respect to any building, the period of 10 taxable years beginning with-- ``(A) the taxable year in which the building is placed in service, or ``(B) at the election of the taxpayer, the succeeding taxable year, but only if the building is a qualified distressed area building as of the close of the 1st year of such period. The election under subparagraph (B), once made, shall be irrevocable. ``(2) Special rules.--Rules similar to the rules of paragraphs (3), (4), and (5) of section 42(f) shall apply for purposes of this subsection. ``(g) Limitation on Aggregate Credit Allowable With Respect To Buildings Located in a State.-- ``(1) Credit may not exceed credit amount allocated to building.-- ``(A) In general.--The amount of the credit determined under this section for any taxable year with respect to any building shall not exceed the distressed area building credit dollar amount allocated to such building under this subsection. ``(B) Time for making allocation.--Rules similar to the rules of subparagraphs (B) through (F) of section 42(h)(1) shall apply for purposes of this paragraph. ``(2) Allocated credit amount to apply to all taxable years ending during or after credit allocation year.--Any distressed area building credit dollar amount allocated to any building for any calendar year-- ``(A) shall apply to such building for all taxable years in the credit period ending during or after such calendar year, and ``(B) shall reduce the aggregate distressed area building credit dollar amount of the credit allocating agency only for such calendar year. ``(3) Distress area building credit dollar amount for agencies.-- ``(A) In general.--The aggregate distressed area building credit dollar amount which a credit agency may allocate for any calendar year is the portion of the State distressed area building credit ceiling allocated under this paragraph for such calendar year to such agency. ``(B) State ceiling initially allocated to State housing credit agencies.--The State distressed area building credit ceiling for each calendar year shall be allocated to the housing credit agency of such State. If there is more than 1 housing credit agency of a State, all such agencies shall be treated as a single agency. ``(C) State distressed area building credit ceiling.--The State distressed area building credit ceiling applicable to any State for any calendar year shall be an amount equal to the sum of-- ``(i) $1.25 multiplied by the State population, ``(ii) the unused State distressed area building credit ceiling (if any) of such State for the preceding calendar year, ``(iii) the amount of State distressed area building credit ceiling returned in the calendar year, plus ``(iv) the amount (if any) allocated under subparagraph (D) to such State by the Secretary. For purposes of clause (ii), the unused State distressed area building credit ceiling for any calendar year is the excess (if any) of the sum of the amounts described in clauses (i) and (iii) over the aggregate distressed area building credit dollar amount allocated for such year. ``(D) Unused credit carryovers allocated among certain states.--Rules similar to the rules of section 42(h)(2)(D) shall apply for purposes of this paragraph. ``(4) Other rules to apply.--Rules similar to the rules of subparagraphs (E), (F), and (G) of section 42(h)(2), and paragraphs (4), (5), and (7) of section 42(h), shall apply for purposes of this subsection. ``(5) Definitions.--For purposes of this subsection-- ``(A) Credit allocating agency.--The term `credit allocating agency' means any agency authorized to carry out this subsection. ``(B) Possessions treated as states.--The term `State' includes a possession of the United States. ``(h) Definitions and special rules.--For purposes of this section -- ``(1) New building.--The term `new building' means a building the original use of which begins with the taxpayer. ``(2) Existing building.--The term `existing building' means any building which is not a new building. ``(3) Application to estates and trusts.--In the case of an estate or trust, the amount of the credit determined under subsection (a) shall be apportioned between the estate or trust and the beneficiaries on the basis of the income of the estate or trust allocable to each. ``(i) Application of At-Risk Rules.--Rules similar to the rules of section 42(j) shall apply for purposes of this section. ``(j) Certifications and Other Reports to Secretary.-- ``(1) Certification with respect to 1st year of credit period.--Following the close of the 1st taxable year in the credit period with respect to any qualified distressed area building, the taxpayer shall certify to the Secretary (at such time and in such form and in such manner as the Secretary prescribes)-- ``(A) the taxable year, and calendar year, in which such building was placed in service, ``(B) the adjusted basis and eligible basis of such building as of the close of the 1st year of the credit period, ``(C) the maximum applicable percentage and eligible basis permitted to be taken into account by the appropriate credit allocating agency, and ``(D) such other information as the Secretary may require. In the case of a failure to make the certification required by the preceding sentence on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, no credit shall be allowable by reason of subsection (a) with respect to such building for any taxable year ending before such certification is made. ``(2) Reports to the secretary.--The Secretary may require taxpayers and credit allocating agencies to submit such reports as the Secretary determines necessary or appropriate to carry out the purposes of this section. ``(k) Credit Allocated to Building Not to Exceed Amount Necessary To Assure Project Feasibility.-- ``(1) In general.--The distressed area building credit dollar amount allocated to a building shall not exceed the amount the credit allocating agency determines is necessary for the financial feasibility of the building throughout the credit period. ``(2) Agency evaluation.--In making the determination under paragraph (1), the credit allocating agency shall consider-- ``(A) the sources and uses of funds and the total financing planned for the building, ``(B) any proceeds or receipts expected to be generated by reason of tax benefits, and ``(C) the percentage of the distressed area building credit dollar amount used for building costs other than the cost of intermediaries. Subparagraph (C) shall not be applied so as to impede the development of buildings in hard-to-develop areas. Such a determination shall not be construed to be a representation or warranty as to the feasibility or viability of the building. ``(3) Determination made when credit amount applied for and when building placed in service.-- ``(A) In general.--A determination under paragraph (1) shall be made as of each of the following times: ``(i) The application for the distressed area building credit dollar amount. ``(ii) The allocation of the distressed area building credit dollar amount. ``(iii) The date the building is placed in service. ``(B) Certification as to amount of other subsidies.--Prior to each determination under subparagraph (A), the taxpayer shall certify to the credit allocating agency the full extent of all Federal, State, and local subsidies which apply (or which the taxpayer expects to apply) with respect to the building. ``(l) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.'' (b) Credit To Be Part of General Business Credit.-- (1) Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(12) the distressed area building credit determined under section 45C(a).'' (2) Subsection (d) of section 39 of such Code is amended by adding at the end the following new paragraph: ``(7) Distressed area building credit.--No portion of the unused business credit which is attributable to the credit determined under section 45C (relating to distressed area building credit) may be carried to any taxable year ending before January 1, 1996.'' (3) Subsection (c) of section 196 of such Code (relating to deduction for certain unused business credits) is amended by striking ``and'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``, and'', and by adding at the end the following new paragraph: ``(8) the distressed area building credit determined under section 45C(a).'' (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45C. Credit for nonresidential buildings in distressed areas.'' (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 1995.

Low Income Community Development Tax Credit Act of 1995 - Amends the Internal Revenue Code to allow, as part of the general business credit, a tax credit (equal to a percentage of its basis) for placing a nonresidential building in service in a distressed area, with a greater credit allowed for a new building than an existing building. Provides for calculation of the basis of such buildings according to the rules governing the low-income housing credit. Defines a distressed area as one in which at least 70 percent of the households have an income that is no more than 80 percent of the area median gross income. Increases the credit with respect to buildings in areas in which income is lower. Treats rehabilitation expenditures, provided they are above a certain threshold, as a separate new building. Imposes an annual State distressed area building credit ceiling.

Low Income Community Development Tax Credit Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Opportunities for Military Members to Use Transportation Efficiently Act of 2014'' or the ``COMMUTE Act of 2014''. SEC. 2. MILITARY COMMUNITY INFRASTRUCTURE PROGRAM. (a) Establishment.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish a Military Community Infrastructure Program under which the Secretary may provide grants to eligible entities for transportation infrastructure improvement projects in military communities. (b) Application.--To be eligible for a grant under the Program, an eligible entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. (c) Eligible Projects.-- (1) In general.--Grants awarded under the Program may be used for transportation infrastructure improvement projects, including-- (A) the construction of roads; (B) the construction of mass transit and parking facilities; (C) the construction of, or upgrades to, pedestrian access and bicycle access; and (D) upgrades to public transportation systems. (2) Location.--To be eligible for a grant under the Program, a project described in paragraph (1) shall be-- (A) related to improving access to a military installation, as determined by the Secretary; and (B) in a location that is-- (i) within or abutting an urbanized area (as designated by the Bureau of the Census); and (ii) designated as a growth community by the Office of Economic Adjustment. (d) Considerations.--In awarding grants under the Program, the Secretary shall give consideration to-- (1) the magnitude of the problem addressed by the project; (2) the proportion of the problem addressed by the project that is caused by military installation growth since the year 2000; (3) the number of servicemembers and civilian employees of the Department of Defense affected by the problem addressed by the project; (4) the size of the community affected by the problem addressed by the project; (5) the ability of the relevant eligible entity to execute the project; and (6) the extent to which the project resolves the transportation problem addressed. (e) Federal Share.--The Federal share of the cost of a project carried out using grant amounts made available under the Program may not exceed 80 percent. SEC. 3. TRAFFIC IMPACT STUDY. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a traffic impact study for any urbanized area (as designated by the Bureau of the Census) that expects a significant increase in traffic related to a military installation within or abutting the urbanized area. (b) Contents.--A traffic impact study under subsection (a) shall determine any transportation improvements needed because of an increase in the number of military personnel, including study of commute sheds affected by installation-related traffic. (c) Consultation.--In developing a traffic impact study under subsection (a), the Secretary shall consult with-- (1) the metropolitan planning organization or regional transportation planning organization with jurisdiction over the urbanized area; and (2) the commander of the appropriate military installation. SEC. 4. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State or political subdivision thereof; (B) an owner or operator of public transportation; (C) a local governmental authority (as such term is defined in section 5302 of title 49, United States Code); (D) a metropolitan planning organization; or (E) a regional transportation planning organization. (2) Metropolitan planning organization and regional transportation planning organization.--The terms ``metropolitan planning organization'' and ``regional transportation planning organization'' have the meanings given those terms in section 134(b) of title 23, United States Code. (3) Secretary.--The term ``Secretary'' means the Secretary of Defense, acting through the Director of the Office of Economic Adjustment. (4) State.--The term ``State'' means each of the several States, the District of Columbia, and any territory or possession of the United States. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated, to carry out this Act, $200,000,000 for fiscal year 2015 and $100,000,000 for each of fiscal years 2016 through 2019, to remain available until expended.

Creating Opportunities for Military Members to Use Transportation Efficiently Act of 2014 or the COMMUTE Act of 2014 - Directs the Secretary of Defense, acting through the Director of the Office of Economic Adjustment, to establish a Military Community Infrastructure Program to provide grants to a state or political subdivision, a public transportation owner or operator, a local governmental authority, a metropolitan planning organization (MPO), or a regional transportation planning organization for transportation infrastructure improvement projects in military communities. Directs the Secretary to conduct a traffic impact study for any urbanized area that expects a significant increase in traffic due to a military installation within or abutting such area.

COMMUTE Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Health Documentation and Program Improvement Act of 2017''. SEC. 2. INFORMATION TO SATISFY DOCUMENTATION OF MEDICARE ELIGIBILITY FOR HOME HEALTH SERVICES. (a) Part A.--Section 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)) is amended by inserting before ``For purposes of paragraph (2)(C),'' the following new sentence: ``For purposes of documentation for physician certification and recertification made under paragraph (2) on or after January 1, 2018, and made with respect to home health services furnished by a home health agency, in addition to using documentation in the medical record of the physician who so certifies or the medical record of the acute or post-acute care facility (in the case that home health services were furnished to an individual who was directly admitted to the home health agency from such a facility), the Secretary shall use documentation in the medical record of the home health agency as supporting material, as appropriate to the case involved.''. (b) Part B.--Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) is amended by inserting before ``For purposes of paragraph (2)(A),'' the following new sentence: ``For purposes of documentation for physician certification and recertification made under paragraph (2) on or after January 1, 2018, and made with respect to home health services furnished by a home health agency, in addition to using documentation in the medical record of the physician who so certifies or the medical record of the acute or post-acute care facility (in the case that home health services were furnished to an individual who was directly admitted to the home health agency from such a facility), the Secretary shall use documentation in the medical record of the home health agency as supporting material, as appropriate to the case involved.''. SEC. 3. VOLUNTARY SETTLEMENT OF HOME HEALTH CLAIMS. (a) Settlement Process for Home Health Claims.-- (1) In general.--Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall establish a settlement process under which a home health agency entitled to an eligible administrative appeal has the option to enter into a settlement with the Secretary that is reached in a manner consistent with the succeeding paragraphs of this subsection. (2) Process and consideration of home health claims.--A settlement under paragraph (1) with a home health agency that is with respect to an eligible administrative appeal may only be reached in accordance with the following process: (A) A settlement under such paragraph with the home health agency shall be with respect to all claims by such agency, subject to paragraph (4), that, as of the date of such settlement, are under an eligible administrative appeal. (B) For the duration of the settlement process with such agency, an eligible administrative appeal that is with respect to any such claim by such agency shall be suspended. (C) Under the settlement process, the Secretary shall determine an aggregate amount to be paid to the home health agency with respect to all claims by such agency that are under an eligible administrative appeal in the following manner: (i) The Secretary shall, for purposes of applying clause (ii) with respect to all settlements under paragraph (1), select a percentage. In selecting such percentage, the Secretary shall consider the percentage used under the Centers for Medicare & Medicaid Services hospital appeals settlement that began on October 31, 2014. (ii) The Secretary shall, with respect to each denied claim for such agency that is under an eligible administrative appeal, calculate an amount (referred to in this subparagraph as an ``individual claim amount'') by multiplying the net payable amount for such claim by the percentage selected under clause (i). (iii) Such aggregate amount with respect to such agency shall be determined by calculating the total sum of all the individual claim amounts calculated under clause (ii) with respect to such agency. (3) Effect of process.-- (A) Effect of settlement.-- (i) Further appeal.--As part of any settlement under paragraph (1) between a home health agency and the Secretary, such home health agency shall be required to forego the right to an administrative appeal under section 1869 of the Social Security Act (42 U.S.C. 1395ff) or section 1878 of such Act (42 U.S.C. 1395oo) (including any redetermination, reconsideration, hearing, or review) with respect to any claims for home health services that are subject to the settlement. (ii) Judicial review.--There shall be no administrative or judicial review under such section 1869 or otherwise of a settlement under paragraph (1) and the claims covered by the settlement. (B) Effect of no settlement.--In the event that the process described in paragraph (2) does not, with respect to a home health agency, result in a settlement under paragraph (1) with such agency, any appeal under such section 1869 that is with respect to a claim by such agency that was suspended pursuant to paragraph (2)(B) shall resume under such section. (4) Coordination with law enforcement.--The Secretary of Health and Human Services shall establish a process under which individuals in the Department of Health and Human Services responsible for executing a settlement under paragraph (1) may, in order to avoid the inadvertent settlement of cases that involve fraud or other criminal activity, coordinate with appropriate law enforcement agencies. (b) No Entitlement to Settlement Process.--Nothing in this section shall be construed as creating an entitlement to enter into a settlement process established pursuant to subsection (a). (c) Eligible Administrative Appeal Defined.--For purposes of this section, the term ``eligible administrative appeal'' means an appeal under section 1869 of the Social Security Act (42 U.S.C. 1395ff) (including any redetermination, reconsideration, hearing, or review)-- (1) that is with respect to one or more claims that-- (A) are for home health services that-- (i) were furnished on or after January 1, 2011, and before January 1, 2015; and (ii) were reasonable and necessary under section 1862(a)(1)(A) of such Act (42 U.S.C. 1395y(a)(1)(A)); and (B) were timely filed consistent with section 1814(a)(1) of such Act (42 U.S.C. 1395f(a)(1)) or sections 1835(a)(1) and 1842(b)(3) of such Act (42 U.S.C. 1395n(a)(1), 1395u(b)(3)); and (2) either-- (A) was timely filed consistent with section 1869 of such Act (42 U.S.C. 1395ff) and is pending; or (B) for which the applicable time frame to file an appeal has not expired. (d) Conforming Amendment.--Section 1869 of the Social Security Act (42 U.S.C. 1395ff) is amended by adding at the end the following new subsection: ``(j) Application With Respect to Certain Home Health Claims.--For the application of the provisions of this section with respect to certain claims for home health services that were furnished on or after January 1, 2011, and before January 1, 2015, see section 3 of the Home Health Documentation and Program Improvement Act of 2017.''.

Home Health Documentation and Program Improvement Act of 2017 This bill requires the Centers for Medicare & Medicaid Services (CMS) to use an individual's medical record from a home-health agency, as appropriate, to support certification of such individual's Medicare eligibility for home-health services. The bill requires the CMS to establish a process for home-health agencies that are entitled to an administrative appeal after being denied eligibility for Medicare reimbursement to, instead, enter into a settlement with the CMS.

Home Health Documentation and Program Improvement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Mammography Coverage Act of 1993''. SEC. 2. COVERAGE OF SCREENING MAMMOGRAPHY UNDER MEDICAID. (a) In General.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), as amended by the Omnibus Budget Reconciliation Act of 1990, is amended-- (1) by striking ``and'' at the end of paragraph (21); (2) in paragraph (24), by striking the comma at the end and inserting a semicolon; (3) by redesignating paragraphs (22), (23), and (24) as paragraphs (21), (22), and (23), respectively, and by transferring and inserting paragraph (25) after paragraph (23), as so redesignated; and (4) by inserting after paragraph (23) the following new paragraph: ``(24) screening mammography (as defined in subsection (t)(1)) that meets the quality standards established under section 1834(c)(3), to the extent consistent with the frequency permitted under subsection (t)(2); and''. (b) Frequency of Coverage.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by adding at the end the following new subsection: ``(t) Coverage of Screening Mammography.-- ``(1) Definition.--The term `screening mammography' means a radiologic procedure provided to a woman for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(2) Frequency covered.-- ``(A) In general.--Subject to revision by the Secretary under subparagraph (B)-- ``(i) Medical assistance is not required to be made under this title for screening mammography performed on a woman under 35 years of age. ``(ii) Medical assistance is available under this title for only 1 screening mammography performed on a woman over 34 years of age, but under 40 years of age. ``(iii) In the case of a woman over 39 years of age, but under 50 years of age, who-- ``(I) is at a high risk of developing breast cancer (as determined pursuant to factors identified by the Secretary), medical assistance is not required to be made available under this title for a screening mammography performed within 11 months of a previous screening mammography, or ``(II) is not at a high risk of developing breast cancer, medical assistance is not required to be made available under this title for a screening mammography performed within 23 months of a previous screening mammography. ``(iv) In the case of a woman over 49 years of age, medical assistance is not required to be made available under this title for screening mammography performed within 11 months of a previous screening mammography. ``(B) Revision of frequency.-- ``(i) Review.--The Secretary, in consultation with the Director of the National Cancer Institute, shall review periodically appropriate frequency for performing screening mammography, based on age and such other factors as the Secretary believes to be pertinent. ``(ii) Revision of frequency.--The Secretary, taking into consideration the review made under clause (i), may revise from time to time the frequency with which medical assistance is required to be made available under this title, but no such revision shall apply to screening mammography performed before January 1, 1993.''. (c) Conforming Amendments.--(1) Section 1902(a)(10(A) of such Act (42 U.S.C. 1396a(a)(10)(A)) is amended by striking ``(17) and (21)'' and inserting ``(17), (21) and (24)''. (2) Section 1902(a)(10)(C)(iv) (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended-- (A) by striking ``(5) and (17)'' and inserting ``(5), (17), and (24)''; and (B) by striking ``through (21)'' and inserting ``through (24)''. (3) Section 1902(j) (42 U.S.C. 1396a(j)) is amended by striking ``through (22)'' and inserting ``through (24)''. (4) Sections 1916(a)(2)(D) and 1916(b)(2)(D) (42 U.S.C. 1396o(a)(2)(D), 1396o(b)(2)(D)) are each amended by inserting ``services described in section 1905(a)(24)'' before ``family planning services''. (d) Effective Date.--(1) Except as provided in paragraph (2), the amendments made by subsections (a), (b), and (c) shall apply to screening mammography performed on or after January 1, 1994, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Medicaid Mammography Coverage Act of 1993 - Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage of screening mammographies for women age 35 and older. Varies the permissible frequency of such covered tests on the basis of a woman's age and her risk of developing breast cancer. Directs the Secretary to periodically review and revise permissible frequencies of such tests.

Medicaid Mammography Coverage Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hass Avocado Quality Assurance Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Hass avocados are an integral food source in the United States that are a valuable and healthy part of the human diet and are enjoyed by millions of persons every year for a multitude of everyday and special occasions. (2) Hass avocados are a significant tree fruit crop grown by many individual producers both domestically and abroad. (3) Hass avocados move in interstate and foreign commerce and Hass avocados that do not move in interstate or foreign channels of commerce but only in intrastate commerce directly affect interstate commerce of Hass avocados. (4) The maintenance and expansion of markets in existence on the date of enactment of this Act, and the development of new or improved markets or uses for Hass avocados, are needed to preserve and strengthen the economic viability of the domestic Hass avocado industry for the benefit of producers, importers, and other persons associated with the producing, importing, marketing, processing, and consuming of Hass avocados. (5) The marketing of immature Hass avocados adversely affects demand for all Hass avocados because immature avocados are unpalatable and unfit for human consumption and, when marketed, result in dissatisfied customers who will cease purchasing Hass avocados. (6) There is no better method of ensuring the maturity of Hass avocados than through requiring that Hass avocados meet an established mandatory minimum maturity standard, as measured by percentage of dry matter. (7) The application of consistent and mandatory minimum maturity standards for all Hass avocados is necessary for the maintenance, expansion, and development of markets for Hass avocados. (b) Purpose.--It is the purpose of this Act to set forth certain mandatory quality standards in the form of mandatory minimum maturity requirements for all Hass avocados, and to provide the Secretary with the authority necessary to ensure that such standards are met, with the intention of-- (1) strengthening the position of the Hass avocado industry in the domestic marketplace; and (2) maintaining, developing, and expanding markets and uses for Hass avocados. SEC. 3. MATURITY REQUIREMENTS FOR HASS AVOCADOS. Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``SEC. 209. MATURITY REQUIREMENTS FOR HASS AVOCADOS. ``(a) In General.--Not later than 180 days after the date of the enactment of the Hass Avocado Quality Assurance Act of 2007, the Secretary of Agriculture shall issue final regulations to ensure that all Hass avocados sold to consumers in the United States meet the minimum maturity standards (as measured by percentage of dry matter) for sale to a consumer of the State of California, as required by regulations issued pursuant to chapter 9 of division 17 of the California Food and Agricultural Code or any succeeding provision of California law governing the minimum maturity standards of Hass avocados for sale to a consumer. ``(b) Exceptions.--Subsection (a) and the regulations issued pursuant to subsection (a) shall not apply to Hass avocados-- ``(1) intended for consumption by charitable institutions; ``(2) intended for distribution by relief agencies; ``(3) intended for commercial processing into products; or ``(4) that the Secretary determines should not be subject to such subsection or such regulations. ``(c) Use of Existing Inspectors.--The Secretary shall, to the greatest extent practicable, use inspectors that inspect avocados for compliance with section 8e of the Agricultural Adjustment Act (7 U.S.C. 608e-1), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to conduct inspections under this section. ``(d) Penalties.-- ``(1) Diversion.--The Secretary may divert, export, or repack and reinspect any Hass avocados that do not meet the requirements of this section or the regulations issued pursuant to this section. ``(2) Civil penalties.--The Secretary may require any person who violates this section or the regulations issued pursuant to this section to-- ``(A) forfeit to the United States a sum equal to the value of the commodity at the time of violation, which forfeiture shall be recoverable in a civil suit brought in the name of the United States; or ``(B) on conviction, be fined not less than $50 or more than $5,000 for each violation. ``(e) Fees.--The Secretary may prescribe and collect fees to cover the costs of providing for the inspection of Hass avocados under this section. All fees and penalties collected shall be credited to the accounts that incur such costs and shall remain available until expended without fiscal year limitation. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. SEC. 4. SEVERABILITY. If any provision of this Act or the amendment made by this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the amendment made by this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation.

Hass Avocado Quality Assurance Act of 2007 - Amends the Agricultural Marketing Act of 1946 to direct the Secretary of Agriculture to provide for mandatory minimum maturity standards for all domestic and imported Hass avocados sold to consumers in California. Provides exceptions for commercial processing and charitable and relief uses. Sets forth penalty provisions.

A bill to amend the Agricultural Marketing Act of 1946 to provide for the application of mandatory minimum maturity standards applicable to all domestic and imported Hass avocados.

SECTION 1. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. (a) In General.--Part II of subchapter O of chapter 1 (relating to basis rules of general application) is amended by redesignating section 1023 as section 1024 and by inserting after section 1022 the following new section: ``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. ``(a) General Rule.-- ``(1) Indexed basis substituted for adjusted basis.--Solely for purposes of determining gain or loss on the sale or other disposition by a taxpayer (other than a corporation) of an indexed asset which has been held for more than 3 years, the indexed basis of the asset shall be substituted for its adjusted basis. ``(2) Exception for depreciation, etc.--The deductions for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. ``(b) Indexed Asset.-- ``(1) In general.--For purposes of this section, the term `indexed asset' means-- ``(A) common stock in a C corporation (other than a foreign corporation), and ``(B) tangible property, which is a capital asset or property used in the trade or business (as defined in section 1231(b)). ``(2) Stock in certain foreign corporations included.--For purposes of this section-- ``(A) In general.--The term `indexed asset' includes common stock in a foreign corporation which is regularly traded on an established securities market. ``(B) Exception.--Subparagraph (A) shall not apply to-- ``(i) stock of a foreign investment company, ``(ii) stock in a passive foreign investment company (as defined in section 1296), ``(iii) stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2), and ``(iv) stock in a foreign personal holding company. ``(C) Treatment of american depository receipts.-- An American depository receipt for common stock in a foreign corporation shall be treated as common stock in such corporation. ``(c) Indexed Basis.--For purposes of this section-- ``(1) General rule.--The indexed basis for any asset is-- ``(A) the adjusted basis of the asset, increased by ``(B) the applicable inflation adjustment. ``(2) Applicable inflation adjustment.--The applicable inflation adjustment for any asset is an amount equal to-- ``(A) the adjusted basis of the asset, multiplied by ``(B) the percentage (if any) by which-- ``(i) the gross domestic product deflator for the last calendar quarter ending before the asset is disposed of, exceeds ``(ii) the gross domestic product deflator for the last calendar quarter ending before the asset was acquired by the taxpayer. The percentage under subparagraph (B) shall be rounded to the nearest \1/10\ of 1 percentage point. ``(3) Gross domestic product deflator.--The gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the last revision thereof released by the Secretary of Commerce before the close of the following calendar quarter). ``(d) Suspension of Holding Period Where Diminished Risk of Loss; Treatment of Short Sales.-- ``(1) In general.--If the taxpayer (or a related person) enters into any transaction which substantially reduces the risk of loss from holding any asset, such asset shall not be treated as an indexed asset for the period of such reduced risk. ``(2) Short sales.-- ``(A) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. In applying subsection (c)(2) for purposes of the preceding sentence, the date on which the property is sold short shall be treated as the date of acquisition and the closing date for the sale shall be treated as the date of disposition. ``(B) Short sale period.--For purposes of subparagraph (A), the short sale period begins on the day that the property is sold and ends on the closing date for the sale. ``(e) Treatment of Regulated Investment Companies and Real Estate Investment Trusts.-- ``(1) Adjustments at entity level.-- ``(A) In general.--Except as otherwise provided in this paragraph, the adjustment under subsection (a) shall be allowed to any qualified investment entity (including for purposes of determining the earnings and profits of such entity). ``(B) Exception for corporate shareholders.--Under regulations-- ``(i) in the case of a distribution by a qualified investment entity (directly or indirectly) to a corporation-- ``(I) the determination of whether such distribution is a dividend shall be made without regard to this section, and ``(II) the amount treated as gain by reason of the receipt of any capital gain dividend shall be increased by the percentage by which the entity's net capital gain for the taxable year (determined without regard to this section) exceeds the entity's net capital gain for such year determined with regard to this section, and ``(ii) there shall be other appropriate adjustments (including deemed distributions) so as to ensure that the benefits of this section are not allowed (directly or indirectly) to corporate shareholders of qualified investment entities. For purposes of the preceding sentence, any amount includible in gross income under section 852(b)(3)(D) shall be treated as a capital gain dividend and an S corporation shall not be treated as a corporation. ``(C) Exception for qualification purposes.--This section shall not apply for purposes of sections 851(b) and 856(c). ``(D) Exception for certain taxes imposed at entity level.-- ``(i) Tax on failure to distribute entire gain.--If any amount is subject to tax under section 852(b)(3)(A) for any taxable year, the amount on which tax is imposed under such section shall be increased by the percentage determined under subparagraph (B)(i)(II). A similar rule shall apply in the case of any amount subject to tax under paragraph (2) or (3) of section 857(b) to the extent attributable to the excess of the net capital gain over the deduction for dividends paid determined with reference to capital gain dividends only. The first sentence of this clause shall not apply to so much of the amount subject to tax under section 852(b)(3)(A) as is designated by the company under section 852(b)(3)(D). ``(ii) Other taxes.--This section shall not apply for purposes of determining the amount of any tax imposed by paragraph (4), (5), or (6) of section 857(b). ``(2) Adjustments to interests held in entity.-- ``(A) Regulated investment companies.--Stock in a regulated investment company (within the meaning of section 851) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the average of the fair market values of the indexed assets held by such company at the close of each month during such quarter, bears to ``(ii) the average of the fair market values of all assets held by such company at the close of each such month. ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(C) Ratio of 80 percent or more.--If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 80 percent or more, such ratio for such quarter shall be 100 percent. ``(D) Ratio of 20 percent or less.--If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 20 percent or less, such ratio for such quarter shall be zero. ``(E) Look-thru of partnerships.--For purposes of this paragraph, a qualified investment entity which holds a partnership interest shall be treated (in lieu of holding a partnership interest) as holding its proportionate share of the assets held by the partnership. ``(3) Treatment of return of capital distributions.--Except as otherwise provided by the Secretary, a distribution with respect to stock in a qualified investment entity which is not a dividend and which results in a reduction in the adjusted basis of such stock shall be treated as allocable to stock acquired by the taxpayer in the order in which such stock was acquired. ``(4) Qualified investment entity.--For purposes of this subsection, the term `qualified investment entity' means-- ``(A) a regulated investment company (within the meaning of section 851), and ``(B) a real estate investment trust (within the meaning of section 856). ``(f) Other Pass-Thru Entities.-- ``(1) Partnerships.-- ``(A) In general.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. ``(B) Special rule in the case of section 754 elections.--In the case of a transfer of an interest in a partnership with respect to which the election provided in section 754 is in effect-- ``(i) the adjustment under section 743(b)(1) shall, with respect to the transferor partner, be treated as a sale of the partnership assets for purposes of applying this section, and ``(ii) with respect to the transferee partner, the partnership's holding period for purposes of this section in such assets shall be treated as beginning on the date of such adjustment. ``(2) S corporations.--In the case of an S corporation, the adjustment made under subsection (a) at the corporate level shall be passed through to the shareholders. This section shall not apply for purposes of determining the amount of any tax imposed by section 1374 or 1375. ``(3) Common trust funds.--In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants. ``(4) Indexing adjustment disregarded in determining loss on sale of interest in entity.--Notwithstanding the preceding provisions of this subsection, for purposes of determining the amount of any loss on a sale or exchange of an interest in a partnership, S corporation, or common trust fund, the adjustment made under subsection (a) shall not be taken into account in determining the adjusted basis of such interest. ``(g) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(2) Related persons defined.--For purposes of this section, the term `related persons' means-- ``(A) persons bearing a relationship set forth in section 267(b), and ``(B) persons treated as single employer under subsection (b) or (c) of section 414. ``(h) Transfers To Increase Indexing Adjustment.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase. ``(i) Special Rules.--For purposes of this section-- ``(1) Treatment of improvements, etc.--If there is an addition to the adjusted basis of any tangible property or of any stock in a corporation during the taxable year by reason of an improvement to such property or a contribution to capital of such corporation-- ``(A) such addition shall never be taken into account under subsection (c)(1)(A) if the aggregate amount thereof during the taxable year with respect to such property or stock is less than $1,000, and ``(B) such addition shall be treated as a separate asset acquired at the close of such taxable year if the aggregate amount thereof during the taxable year with respect to such property or stock is $1,000 or more. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(2) Assets which are not indexed assets throughout holding period.--The applicable inflation adjustment shall be appropriately reduced for periods during which the asset was not an indexed asset. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(4) Section cannot increase ordinary loss.--To the extent that (but for this paragraph) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. ``(5) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application. ``(6) Collapsible corporations.--The application of section 341(a) (relating to collapsible corporations) shall be determined without regard to this section. ``(j) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for part II of subchapter O of chapter 1 is amended by striking the item relating to section 1023 and by inserting after the item relating to section 1022 the following new item: ``Sec. 1022. Indexing of certain assets for purposes of determining gain or loss. ``Sec. 1023. Cross references.''. (c) Effective Date.--The amendments made by this section shall apply to dispositions after December 31, 2006, in taxable years ending after such date.

Amends the Internal Revenue Code to allow an inflation adjustment based upon the gross domestic product deflator to the adjusted basis of certain assets (including C corporation common stock and tangible property used in a trade or business) held by a taxpayer for more than three years for purposes of determining gain or loss on the sale or other disposition of such assets. Sets forth rules for applying such inflation adjustment to short sales, regulated investment companies and real estate investment trusts, partnerships and other pass-thru entities, and dispositions of assets between related persons.

To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community College Teacher Preparation Enhancement Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Well qualified teachers and paraprofessionals are critical to the success of the Nation's students. (2) In order to meet the changing demands of their jobs and the Federal requirements under the No Child Left Behind Act of 2001 (Public Law 107-110), teachers and prospective teachers must have access to high-quality teacher training. (3) The 1,200 community colleges across the United States play an important role in training teachers, offering professional development, and continuing education. (4) Community colleges enroll more than 6,000,000 credit students or 44 percent of all undergraduates in the United States. (5) At least 25 percent of undergraduates receiving a teaching degree began their postsecondary education at a community college. (6) Due to teacher attrition, teacher retirement, and a growing student population, the Nation will require an additional 2,400,000 teachers over the next decade. (7) If left unchanged, the production rate of teachers is 200,000 short of meeting the expected future demand. (8) In subjects such as mathematics, science, special education, and bilingual education, the Nation risks a severe teacher shortfall. (9) Community colleges offer accessibility and a link to education opportunities present at 4-year institutions of higher education. (10) There is no systematic infrastructure or resources in place to advance more students from community colleges to 4- year institutions of higher education and into the teaching profession. (11) Many 4-year institutions of higher education and community colleges have engaged in collaborative agreements for teacher training. (12) To meet the Nation's needs for highly qualified teachers, it is appropriate that the community college role in teacher training be enhanced and that cooperation between community colleges and 4-year institutions of higher education be increased. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) foster collaboration between 4-year institutions of higher education and community colleges to enhance teacher preparation as required under the No Child Left Behind Act of 2001 (Public Law 107-110); (2) enhance the opportunity for community college students in teacher training programs to complete a baccalaureate degree in kindergarten through grade 12 education; (3) promote the development of best practices for coordinating teacher training between community colleges and 4- year institutions of higher education; and (4) expand community college teaching infrastructure to provide, among other things, professional development as called for under the No Child Left Behind Act of 2001 (Public Law 107- 110) to existing teachers. SEC. 4. TEACHER TRAINING ENHANCEMENT. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``PART C--TEACHER TRAINING ENHANCEMENT ``SEC. 231. DEFINITIONS. ``In this part: ``(1) 4-year institution of higher education.--The term `4- year institution of higher education' means an institution of higher education, as defined in section 101(a), whose highest undergraduate degree offered is predominantly the baccalaureate degree. ``(2) Community college.--The term `community college' has the meaning given the term `junior or community college' in section 312(f). ``(3) Eligible entity.-- ``(A) In general.--The term `eligible entity' means-- ``(i) a statewide governing or coordinating board with jurisdiction over community colleges and 4-year institutions of higher education; ``(ii) a partnership between a statewide governing or coordinating board with jurisdiction over community colleges and a statewide governing or coordinating board with jurisdiction over 4-year institutions of higher education; ``(iii) a partnership between 1 or more community colleges and 1 or more 4-year institutions of higher education; or ``(iv) a community college offering a teacher preparation program that provides all, or a significant portion of, teacher training, postbaccalaureate certification, and professional development. ``(B) Inclusions.--The term `eligible entity' under clauses (i) and (ii) of subparagraph (A) may include other institutions with responsibility for teacher preparation or teacher standards. ``(4) Highly qualified.--The term `highly qualified' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. ``(5) Professional development.--The term `professional development' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. ``SEC. 232. GRANT PROGRAM. ``The Secretary is authorized to award grants to eligible entities to enable such entities to pay the Federal share of the costs of carrying out teacher training or preparation programs. ``SEC. 233. APPLICATION. ``An eligible entity that desires to receive a grant under this part shall submit to the Secretary an application at such time, in such manner, and containing such information or assurances as the Secretary may require. ``SEC. 234. AWARDING OF GRANTS. ``(a) Priority.--In awarding grants under this part, the Secretary shall give priority to eligible entities that propose any of the following: ``(1) Grant funds will be used to provide for teacher preparation in geographic areas with shortages of highly qualified teachers. ``(2) Grant funds will be used to prepare teachers in kindergarten through grade 12 subject content areas that have a shortage of highly qualified teachers. ``(3) Grant funds will be used to carry out innovative programs to address teacher training or teacher preparation. ``(4) Grant funds will be used to conduct outreach into secondary schools. ``(5) Grant funds will be used to carry out a plan to disseminate information. ``(b) Geographic Diversity.--The Secretary shall ensure that grants are awarded in a geographically diverse manner. ``(c) Duration.--Grants awarded under this part shall be for 5 years in duration. ``SEC. 235. USES OF FUNDS. ``(a) Mandatory Use.--An eligible entity that receives a grant under this section shall use the grant funds to carry out not less than 1 of the following: ``(1) Enhancing the collaboration of teacher training between community colleges and 4-year institutions of higher education. ``(2) The development of programs that provide opportunities for community college students to complete a baccalaureate degree in kindergarten through grade 12 education. ``(3) The establishment of partnerships in teacher training between community colleges and 4-year institutions of higher education. ``(4) The establishment of programs at community colleges that prepare students to enter teacher preparation programs at 4-year institutions of higher education. ``(5) Developing programs to provide pathways for secondary school students to pursue careers in teaching. ``(6) Establishing postbaccalaureate teacher certification programs. ``(b) Permissive Use of Funds.--An eligible entity that receives a grant under this section may use the grant funds to carry out any of the following: ``(1) The creation of kindergarten through grade 12 teacher education programs and teacher aid programs to meet requirements under the Elementary and Secondary Education Act of 1965. ``(2) The coordination of teacher and paraprofessional curricula for use at community colleges and 4-year institutions of higher education. ``(3) The establishment of curricula and programs for professional development for teachers. ``SEC. 236. REPORT AND EVALUATION. ``(a) Annual Report.--An eligible entity that receives a grant under this section shall submit an annual report to the Secretary on-- ``(1) the progress made toward the goals of the grant; ``(2) the activities supported by the grant; ``(3) the number of students served; ``(4) when applicable, the ability to place students graduating from schools supported by a grant under this part; and ``(5) when applicable, the number of students graduating from schools supported by a grant under this part who meet the requirements for highly qualified teachers under the Elementary and Secondary Education Act of 1965. ``(b) Evaluation.--The Secretary shall review and evaluate the reports submitted under subsection (a). ``SEC. 237. MATCHING REQUIREMENT. ``(a) In General.--The Federal share of the costs of carrying out a teacher training or preparation program shall be-- ``(1) 65 percent for the first year of the grant; ``(2) 60 percent for the second year of the grant; ``(3) 55 percent for the third year of the grant; ``(4) 50 percent for the fourth year of the grant; and ``(5) 45 percent for the fifth year of the grant. ``(b) In Cash or In-Kind.--The non-Federal share of the costs of carrying out a teacher training or preparation program may be provided in cash or in the form of in-kind contributions. ``SEC. 238. REPORT BY THE SECRETARY. ``The Secretary shall review and submit an annual report to Congress on the activities supported under this part and the impact of this part with respect to-- ``(1) producing highly qualified teachers and teachers aids; ``(2) helping address teacher shortages, particularly in rural and urban areas; and ``(3) enhancing the diversity of the Nation's teaching force. ``SEC. 239. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $25,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years.''.

Community College Teacher Preparation Enhancement Act of 2004 - Amends the Higher Education Act of 1965 to establish a teacher training enhancement program. Authorizes the Secretary of Education to award matching grants to eligible entities for teacher training or preparation. Includes among eligible entities: (1) statewide boards with jurisdiction over community colleges and four-year institutions of higher education (IHEs); (2) partnerships between statewide boards with jurisdiction over community colleges and statewide boards with jurisdiction over four-year IHEs; (3) partnerships between community colleges and four-year IHEs; or (4) community colleges offering teacher preparation programs that provide all, or a significant portion of, teacher training, postbaccalaureate certification, and professional development. Gives priority to proposals for using grants for: (1) teacher preparation in geographic areas with shortages of highly qualified teachers; (2) preparing teachers in kindergarten through grade 12 subject content areas that have a shortage of highly qualified teachers; (3) innovative programs to address teacher training or teacher preparation; (4) outreach into secondary schools; or (5) plans to disseminate information. Requires grantees to use grant funds for at least one of specified mandatory uses. Sets forth permissive uses of grants.

A bill to amend title II of the Higher Education Act of 1965 to enhance teacher training programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fraud Enforcement and Prevention Act of 2010''. SEC. 2. ENHANCED CRIMINAL PENALTIES TO COMBAT MEDICARE AND MEDICAID FRAUD. (a) In General.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended-- (1) in subsection (a), by striking ``$10,000 or imprisoned for not more than one year'' and inserting ``$20,000 or imprisoned for not more than two years''; and (2) in each of subsections (a), (b)(1), (b)(2), (c), and (d), by striking ``$25,000 or imprisoned for not more than five years'' and inserting ``$50,000 or imprisoned for not more than 10 years''. (b) Illegal Distribution of Medicare or Medicaid Beneficiary Identification or Billing Privileges.--Section 1128B of such Act (42 U.S.C. 1320a-7b) is amended by adding at the end the following new subsection: ``(g) Whoever knowingly, intentionally, and with the intent to defraud purchases, sells, or distributes, or arranges for the purchase, sale, or distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges under title XVIII or title XIX shall be imprisoned for not more than three years or fined under title 18, United States Code (or, if greater, an amount equal to the monetary loss to the Federal and any State government as a result of such acts), or both.''. (c) Effective Date.--The amendments made by this section shall apply to acts committed on or after the date of the enactment of this Act. SEC. 3. ENHANCED CIVIL AUTHORITIES TO COMBAT MEDICARE AND MEDICAID FRAUD. (a) Civil Monetary Penalties Law Alignment and Other Changes.-- (1) Section 1128A(a) of the Social Security Act (42 U.S.C. 1320a-7a(a)) is amended-- (A) in paragraph (1), by striking ``to an officer, employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (i)(1)),''; (B) by inserting after paragraph (10), as added by section 6402(d)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148) the following new paragraphs: ``(11) conspires to commit a violation of this section; or ``(12) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to a Federal health care program, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to a Federal health care program;''; (C) in the first sentence-- (i) by striking ``or in cases under paragraph (9)'' and inserting ``in cases under paragraph (9)''; and (ii) by striking ``fact)'' and inserting ``fact), in cases under paragraph (11), $50,000 for any violation described in this section committed in furtherance of the conspiracy involved, and in cases under paragraph (12), $50,000 for each false record or statement, or concealment, avoidance, or decrease''; and (D) in the second sentence, by striking ``material fact).'' and inserting ``material fact); or in cases under paragraph (11), an assessment of not more than 3 times the total amount that would otherwise apply for any violation described in this section committed in furtherance of the conspiracy involved; or in cases under paragraph (12), an assessment of not more than 3 times the total amount of the obligation to which the false record or statement was material or that was avoided or decreased.''. (2) Section 1128A(c)(1) of the Social Security Act (42 U.S.C. 1320a-7a(c)(1)) is amended by striking ``six years'' and inserting ``10 years''. (3) Section 1128A(i) of the Social Security Act (42 U.S.C. 1320a-7a(i)) is amended-- (A) by amending paragraph (2) to read as follows: ``(2) The term `claim' means any application, request, or demand, whether under contract, or otherwise, for money or property for items and services under a Federal health care program (as defined in section 1128B(f)), whether or not the United States or a State agency has title to the money or property, that-- ``(A) is presented or caused to be presented to an officer, employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (i)(1)); or ``(B) is made to a contractor, grantee, or other recipient if the money or property is to be spent or used on the Federal health care program's behalf or to advance a Federal health care program interest, and if the Federal health care program-- ``(i) provides or has provided any portion of the money or property requested or demanded; or ``(ii) will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.''; (B) by amending paragraph (3) to read as follows: ``(3) The term `item or service' means, without limitation, any medical, social, management, administrative, or other item or service used in connection with or directly or indirectly related to a Federal health care program.''; (C) in paragraph (7)-- (i) by striking ``term `should know' means'' and inserting ``terms `knowing', `knowingly', and `should know' mean''; (ii) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (iii) by inserting before subparagraph (B), as redesignated by clause (ii), the following new subparagraph: ``(A) has actual knowledge of the information;''; and (iv) in the matter following subparagraph (C), as redesignated by clause (ii)-- (I) by inserting ``require'' after ``and''; and (II) by striking ``is required''; and (D) by adding at the end the following new paragraphs: ``(8) The term `obligation' means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment. ``(9) The term `material' means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.''. (b) Exclusion of Responsible Corporate Officials.--Section 1128(b) of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended by striking clauses (i) and (ii) of paragraph (15)(A) and inserting the following: ``(i) who has or had a direct or indirect ownership or control interest in a sanctioned entity at the time of and who knew or should have known (as defined in section 1128(i)(7)) of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B); or ``(ii) who is or was an officer or managing employee (as defined in section 1126(b)) of such an entity at the time of any of the conduct that formed a basis for the conviction or exclusion so described.''. (c) Payment Suspensions.--Subsection (o)(1) of section 1862 of the Social Security Act (42 U.S.C. 42 U.S.C. 1395y), as added by section 6402(h) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by striking ``may'' and inserting ``shall''. (d) Civil Monetary Penalties for False Statements or Delaying Inspections.--Paragraph (9) of section 1128A(a) of the Social Security Act (42 U.S.C. 1320a-7a(a)), as added by section 6408(a) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by inserting ``or to timely provide information in response to a request authorized by section 1128J(b),'' after ``regulations),''. SEC. 4. ENHANCED SCREENING, MEDICARE DATA-MINING SYSTEM; BIOMETRIC TECHNOLOGY PILOT PROGRAM. (a) Enhanced Screening.--Section 1866(j)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395cc(j)), as inserted by section 6401(a)(3) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by striking ``may'' and inserting ``shall''. (b) Access to Real Time Claims and Payment Data.-- Section1128J(a)(2) of the Social Security Act, as added by section 6402(a) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended-- (1) by inserting ``including real time claims and payment data,'' after ``access to claims and payment data''; and (2) by adding at the end the following sentence: ``In carrying out this section, the Inspector General of the Department of Health and Human Services, in consultation with the Attorney General, shall implement mechanisms for the sharing of information about suspected fraud relating to the Federal health care programs under titles XVIII, XIX, and XXI with other appropriate law enforcement officials.''. (c) Biometric Technology Pilot Program.-- (1) In general.--By not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall carry out a 5-year pilot program that implements biometric technology to ensure that individuals entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title are physically present at the time and place of receipt of certain items and services (specified by the Secretary) for which payment may be made under such title. Under such pilot program the Secretary may provide for financial incentives to encourage voluntary participation of providers of services (as defined in section 1861(u) of such Act) and suppliers (as defined in section 1861(d) of such Act). (2) Reports.--The Secretary of Health and Human Services shall, for each of the third, fourth, and fifth years of the pilot program under paragraph (1), submit to Congress a report on the effectiveness of the pilot program in reducing the occurrence of waste, fraud, and abuse in the Medicare program under title XVIII of the Social Security Act. (3) Authorization of appropriations.--For purpose of carrying out paragraph (1), there is authorized to be appropriated such sums as may be necessary. SEC. 5. GAO STUDY AND REPORT. (a) Study.--The Comptroller General of the United States shall conduct a study on Medicare administrative contractors under section 1874A of the Social Security Act, including Recovery Audit Contractors, regarding the following areas: (1) Training and expertise in identifying fraud, including the education levels of the key individuals tasked to identify or refer potential cases of fraud, and whether the Centers for Medicare & Medicaid Services should be providing more training to contractors, or require contractors to hire experts with greater medical training. (2) Acquisition and implementation of data mining software among Medicare administrative contractors, if applicable, and the ability or availability of such software to provide real- time data mining capabilities. (b) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall complete the study under this section and submit a report to Congress regarding the findings of the study and recommendations for legislation and administrative action.

Medicare Fraud Enforcement and Prevention Act of 2010 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid). Adds a new offense of distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges with the intent to defraud. Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims; and (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim. Amends SSA title XVIII (Medicare), as amended by the Patient Protection and Affordable Care Act (PPACA), to revise screening requirements. Amends SSA title XI, as amended by PPACA, to require the access to claims and payment data granted to Inspector General of the Department of Health and Human Services (HHS) and the Attorney General to include access to real time claims and payment data. Requires the HHS Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (Children's Health Insurance Program) (CHIP) with other appropriate law enforcement officials. Directs the HHS Secretary to carry out a five-year pilot program that implements biometric technology to ensure that individuals entitled to benefits under Medicare part A or enrolled under Medicare part B are physically present at the time and place of receipt of certain items and services for which payment may be made. Requires the Comptroller General to study and report to Congress on Medicare administrative contractors, including Recovery Audit Contractors.

To provide for enhanced penalties to combat Medicare and Medicaid fraud, a Medicare data-mining system and biometric technology pilot program, and a GAO study on Medicare administrative contractors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arsenic-Treated Wood Prohibition Act''. SEC. 2. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED WOOD; AMENDMENT TO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT. (a) In General.--The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is amended-- (1) by redesignating sections 33 and 34 as sections 34 and 35, respectively; and (2) by inserting after section 32 the following: ``SEC. 33. PROHIBITION AGAINST USE OF ARSENIC-TREATED WOOD TO MANUFACTURE CERTAIN PRODUCTS OR STRUCTURES. ``(a) In General.--Notwithstanding any other provision of law, not later than 90 days after the date of the enactment of this section, the Administrator shall promulgate regulations that prohibit-- ``(1) the use of arsenic-treated wood to manufacture any product or structure that may be used for or by children, including-- ``(A) playground equipment, play houses, or other structures designed for frequent use specifically by children; ``(B) fences; ``(C) walkways; ``(D) decks; ``(E) docks and boat houses; and ``(F) structures or products used in residential landscaping; ``(2) the use of arsenic-treated wood to manufacture mulch, compost, or soil-amendment products; ``(3) the use of arsenic-treated wood to manufacture railroad ties, marine pilings, or utility poles, except that this subsection does not apply to such a product or structure to the extent that the Administrator determines that the use of arsenic-treated wood in the product or structure is safe; and ``(4) such additional uses of arsenic-treated wood to manufacture products or structures as the Administrator determines to be appropriate, whether such products or structures are intended for residential use or commercial use. ``(b) Definitions.--For purposes of this section: ``(1) Arsenic-treated wood.--The term `arsenic-treated wood' means wood that is treated with a pesticide that is a chromated copper arsenical or is treated with any other arsenical pesticide. ``(2) Manufacture.--The term `manufacture', with respect to the use of arsenic-treated wood in products and structures described in subsection (a), includes-- ``(A) the creation of a product designed to be assembled by a consumer; and ``(B) the building of a product on behalf of a consumer in accordance with specifications given by the consumer.''. (b) Risk Assessment.-- (1) In general.--Not later than March 15, 2004, the Administrator, in consultation with the Consumer Products Safety Commission, shall publish in the Federal Register an assessment of the risks posed by the production, cutting, milling, sanding, mulching, and use of CCA-treated wood. (2) Methodology.--In conducting the risk assessment, the Administrator shall follow the methodology recommended by the Scientific Advisory Panels that were organized by the Environmental Protection Agency and that met in October 2001. (3) Definitions.--For purposes of this subsection: (A) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (B) The term ``CCA-treated wood'' means wood that is treated with a pesticide that is a chromated copper arsenical. (c) Conforming Amendment.--The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended by striking the items relating to sections 30 and 31 and inserting the following: ``Sec. 30. Minimum requirements for training of maintenance applicators and service technicians. ``Sec. 31. Environmental Protection Agency minor use program. ``Sec. 32. Department of Agriculture minor use program. ``(a) In general. ``(b)(1) Minor use pesticide data. ``(2) Minor Use Pesticide Data Revolving Fund. ``Sec. 33. Prohibition of certain uses of arsenic-treated lumber. ``(a) In general. ``(b) Definitions. ``(1) Arsenic-treated wood. ``(2) Manufacture. ``Sec. 34. Severability. ``Sec. 35. Authorization for appropriations.''. SEC. 3. DISPOSAL OF ARSENIC-TREATED WOOD; AMENDMENT TO SOLID WASTE DISPOSAL ACT. Section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e)) is amended by adding at the end the following: ``(3)(A) Discarded arsenic-treated wood and sawdust from such wood shall be deemed, for purposes of this Act, to be a listed hazardous waste under subsection (b)(1) and shall be disposed of in a lined landfill with a leachate collection system and groundwater monitoring system (or such other system as the Administrator determines is appropriate to capture arsenic and prevent arsenic from contaminating groundwater). ``(B) As used in subparagraph (A): ``(i) The term `arsenic-treated wood' means wood that is treated with a pesticide that is a chromated copper arsenical or is treated with any other arsenical pesticide. ``(ii) The term `pesticide' has the meaning given such term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136).''. SEC. 4. ASSISTANCE TO CONSUMERS, STATE AND LOCAL GOVERNMENTS, AND SCHOOL SYSTEMS. (a) Educational Program.--Not later than 180 days after the date of the enactment of this Act, the Administrator, in consultation with the Consumer Product Safety Commission, shall develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in-- (1) testing arsenic levels in arsenic-treated wood and soil surrounding arsenic-treated wood; (2) making decisions relating to the containment and removal of arsenic-treated wood from homes, playgrounds, schools, and other facilities designed primarily for use by children; and (3) providing guidance regarding the decontamination of soils, mulches, and other media under structures made of arsenic-treated wood where children or pets may be exposed to arsenic. (b) Assistance for Schools.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to provide grants and technical assistance to school systems to assist the school systems in-- (A) removing playground and other equipment containing arsenic-treated wood from grounds of the school systems; (B) applying sealant to arsenic-treated wood structures; and (C) conducting any necessary remediation relating to use of arsenic-treated wood. (2) Certain uses of grant.--The Administrator may authorize a grant under paragraph (1) to be used for the purpose of replacing playground equipment and related items that are removed because the equipment or items contain arsenic-treated wood. With respect to any portion of a grant under such paragraph that is authorized to be used for such purpose, the Administrator may require that the applicant involved make non- Federal contributions toward the cost of replacing the equipment or items. (c) Definitions.--In this section: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``arsenic-treated wood'' means wood that is treated with a pesticide that is a chromated copper arsenical or is treated with any other arsenical pesticide. (3) The term ``pesticide'' has the meaning given such term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2004 and each subsequent fiscal year. SEC. 5. CONSUMER PRODUCT SAFETY COMMISSION; REPORT ON MITIGATION MEASURES REGARDING CHILDREN AND ARSENIC-TREATED WOOD. Not later than August 1, 2004, the Consumer Product Safety Commission shall submit to the Congress a report on the status of the efforts of the Commission to identify stains, sealants, or other measures for reducing the exposure of children to arsenic from products or structures that-- (1) are constructed in whole or part with arsenic-treated wood, as defined in section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act, as added by section 2 of this Act; (2) may be used for or by children; and (3) will remain in use after the effective date of the prohibition established in regulations under such section 33.

Arsenic-Treated Wood Prohibition Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require the Administrator of the Environmental Protection Agency to promulgate regulations prohibiting the use of arsenic-treated wood (wood treated with a pesticide that is a chromated copper arsenical or another arsenical pesticide) in the manufacture of any product that may be used for or by children or for mulch, compost, a soil amendment, certain other construction and utility uses, and additional uses as determined to be appropriate. Requires the Administrator to conduct an assessment of the risks posed by the production, processing, and use of CCA-treated wood (wood treated with a pesticide that is a chromated copper arsenical). Amends the Solid Waste Disposal Act to: (1) list arsenic-treated wood as a hazardous waste; and (2) require disposal of discarded arsenic-treated wood in a lined landfill with a leachate system and groundwater monitoring system. Requires the Administrator to: (1) develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in testing arsenic levels and making decisions concerning arsenic-treated wood containment, removal, and decontamination; and (2) establish a pilot program of grants and technical assistance to assist school systems in removal of playground and other equipment containing arsenic-treated wood and remediation activities. Requires the Consumer Product Safety Commission to report to Congress on its efforts to identify measures (including stains and sealants) for reducing children's exposure to arsenic from products or structures constructed with arsenic-treated wood that will remain in use after the prohibition established by this Act.

To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Solid Waste Disposal Act to establish prohibitions and requirements relating to arsenic-treated wood, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Select Agent Program and Biosafety Improvement Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION Sec. 101. Reauthorization of select agent program. Sec. 102. Select agent program review. Sec. 103. Revision of the list of biological agents and toxins. Sec. 104. Sharing information with trusted state partners. Sec. 105. Improvements to inventorying and monitoring of agents. Sec. 106. Smallpox definition clarification. Sec. 107. Plan for surge in samples of biological agents and toxins. TITLE II--BIOSAFETY IMPROVEMENTS Sec. 201. Improvement of oversight of biocontainment laboratories. Sec. 202. Improvement of training for laboratory personnel. Sec. 203. Biological laboratory incident reporting system. SEC. 2. FINDINGS. Congress finds the following: (1) The Centers for Disease Control and Prevention regulates the possession, use, and transfer of select agents and toxins that have the potential to pose a severe threat to public health and safety. (2) The Animal and Plant Health Inspection Service regulates the possession, use, and transfer of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. (3) As of April 2008, there are 72 select agents and toxins, 13 of which are found naturally in the United States. (4) As of April 2008, there are 325 entities registered with the Centers for Disease Control and Prevention to work with select agents and toxins and 75 entities registered with the Animal and Plant Health Inspection Service. There are 9,918 individuals approved to work with select agents and toxins through the Centers for Disease Control and Prevention and 4,336 through the Animal and Plant Health Inspection Service. (5) Biocontainment laboratories are used by scientists to study infectious materials safely and effectively. Laboratory biological research is categorized by the safety level at which it is performed. There are 4 safety levels, termed Biosafety Level (BSL) 1 through 4. TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION SEC. 101. REAUTHORIZATION OF SELECT AGENT PROGRAM. (a) Reauthorization of Select Agent Program.-- (1) Amendment to the public health service act.--Section 351A(m) of the Public Health Service Act (42 U.S.C. 262a(m)) is amended by striking ``2002 through 2007'' and inserting ``2009 through 2013''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(m) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(m)) is amended by striking ``2002 through 2007'' and inserting ``2009 through 2013''. (b) Appropriate Training.-- (1) Amendment to the public health service act.--Section 351A(e)(2)(A) of the Public Health Service Act (42 U.S.C. 262a(e)(2)(A)) is amended by inserting ``, and appropriate training,'' after ``have a legitimate need''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(e)(2)(A) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(e)(2)(A)) is amended by inserting ``, and appropriate training,'' after ``have a legitimate need''. (c) Covered Agencies.-- (1) Amendment to the public health service act.--Section 351A(h)(2)(A) (42 U.S.C. 262a(h)(2)(A)) of the Public Health Service Act is amended by inserting ``the Department of Homeland Security,'' after ``the Department of Agriculture,''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(h)(2)(A) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(2)(A)) is amended by inserting ``the Department of Homeland Security,'' after ``the Department of Agriculture,''. SEC. 102. SELECT AGENT PROGRAM REVIEW. (a) In General.--The Secretary of Health and Human Services, in consultation with the Secretary of Agriculture, shall enter into a contract with the National Academy of Sciences to conduct a review of the select agent program under section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401). Such review shall focus on-- (1) the extent to which the program has enhanced biosecurity and biosafety in the United States; (2) the effects of the program on-- (A) international scientific collaboration; and (B) scientific advances in the United States; and (3) other issues as requested by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Report; Recommendations.--Not later than 240 days after the date of enactment of this Act, the National Academy of Sciences shall submit a report to the Secretary of Health and Human Services, the Secretary of Agriculture, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Energy and Commerce of the House of Representatives, and other congressional committees of relevant interest, on the results of the review conducted under subsection (a). Such report shall include recommendations for improving the structure of the select agent program for-- (1) enhancing the biosecurity and biosafety of the United States; (2) eliminating or reducing adverse effects of the program, if any, on-- (A) international scientific collaboration; and (B) scientific advances in the United States; and (3) other issues as requested by the Secretary of Health and Human Services and the Secretary of Agriculture. SEC. 103. REVISION OF THE LIST OF BIOLOGICAL AGENTS AND TOXINS. (a) Amendment to the Public Health Service Act.--Section 351A(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C. 262a(a)(1)(B)(i)) is amended-- (1) in subclause (III), by striking ``; and'' and inserting a semicolon; (2) by redesignating subclause (IV) as subclause (VII); and (3) by inserting after subclause (III) the following: ``(IV) whether the agent or toxin is endemic to the United States, as defined by the Secretary; ``(V) information available from biological risk assessments conducted by the Department of Homeland Security; ``(VI) newly discovered agents of disease, including genetically modified organisms or agents created synthetically; and''. (b) Amendment to the Agricultural Bioterrorism Protection Act of 2002.--Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended-- (1) in subclause (III), by striking ``; and'' and inserting a semicolon; (2) by redesignating subclause (IV) as subclause (VII); and (3) by inserting after subclause (III) the following: ``(IV) whether the agent or toxin is endemic to the United States, as defined by the Secretary; ``(V) information available from biological risk assessments conducted by the Department of Homeland Security; ``(VI) newly discovered agents of disease, including genetically modified organisms or agents created synthetically; and''. (c) Rule of Construction.--The amendments made by subsections (a) and (b) shall not be construed to preclude the listing of a biological agent or toxin that is endemic to the United States. SEC. 104. SHARING INFORMATION WITH TRUSTED STATE PARTNERS. (a) Amendment to the Public Health Service Act.--Section 351A(h)(5) of the Public Health Service Act (42 U.S.C. 262a(h)(5)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period and inserting ``; or''; and (3) by inserting at the end the following: ``(C) to withhold information regarding a State that will assist with the State's emergency preparedness planning from the health director (or equivalent State official) of such State, if such State has in place a law to protect against the further release of such information as determined by the Secretary.''. (b) Amendment to the Agricultural Bioterrorism Protection Act of 2002.--Section 212(h)(5) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(5)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period and inserting ``; or''; and (3) by inserting at the end the following: ``(C) to withhold information regarding a State that will assist with the State's emergency preparedness planning from an elected or appointed senior State agricultural official or equivalent State official (such as a State veterinarian or a State plant health regulatory official) of such State, if such State has in place a law to protect against the further release of such information as determined by the Secretary.''. SEC. 105. IMPROVEMENTS TO INVENTORYING AND MONITORING OF AGENTS. (a) Improved Method to Inventory and Monitor Listed Biological Agents.--Not later than 180 days after enactment of this Act, the Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, and in consultation with individuals with appropriate scientific expertise, shall issue guidance on inventorying and monitoring the biological agents listed under section 351A(a)(1) of the Public Health Service Act (42 U.S.C. 262a(a)(1)) and the biological agents listed under section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)). (b) Considerations.--In issuing the guidance under subsection (a), the Secretaries shall consider-- (1) the effectiveness of measures to inventory and monitor listed biological agents that can propagate relative to the burden of these measures on laboratory personnel; (2) qualitative and quantitative control procedures for such listed agents, rather than only quantitative control procedures; and (3) in what situations registered persons are required to keep inventory records. SEC. 106. SMALLPOX DEFINITION CLARIFICATION. Not later than 90 days after the date of enactment of this Act, the Attorney General, in coordination with the Secretary of Health and Human Services, shall issue public guidance regarding how the Attorney General interprets the scope of the statutory definition of ``variola virus'' in section 175c of title 18, United States Code. SEC. 107. PLAN FOR SURGE IN SAMPLES OF BIOLOGICAL AGENTS AND TOXINS. The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture and State officials, shall develop and disseminate guidelines for how laboratories and laboratory personnel that do not regularly test for listed agents and toxins (as such terms are defined in section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401)) may be rapidly accessed and utilized during emergencies in which laboratories and laboratory personnel that regularly test for such agents and toxins are overwhelmed by a surge of samples of such listed agents and toxins. TITLE II--BIOSAFETY IMPROVEMENTS SEC. 201. IMPROVEMENT OF OVERSIGHT OF BIOCONTAINMENT LABORATORIES. (a) Definition.--For purposes of this section, the term ``high containment biological laboratory'' means a laboratory that has Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Evaluation.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, and in consultation with the Secretary of Defense and the Secretary of Homeland Security (referred to in this section as the ``Secretaries'') shall, either directly or through a contract, evaluate national needs of, and oversight of, high containment biological laboratories. (c) Considerations.--In conducting the evaluation under subsection (b), the Secretaries shall consider-- (1) whether the construction of high containment biological laboratories that are in existence or planned as of the date of enactment of this Act, is likely to provide sufficient capacity for the needs of Government biodefense and infectious disease research; (2) how laboratory capacity and lessons learned can be best shared across the biodefense and infectious disease research communities, domestically and internationally; (3) whether guidance on laboratory infrastructure, commissioning, operation, and maintenance of such laboratories is adequate, and if such guidance is found to be inadequate, how to improve and streamline such guidance; and (4) ways to improve and streamline the training of the personnel of such laboratories, including recommendations regarding the minimum standards for laboratory biosafety and biosecurity training under section 202. (d) Report to Congress.--Not later than 240 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the findings and recommendations from the evaluation under this section. SEC. 202. IMPROVEMENT OF TRAINING FOR LABORATORY PERSONNEL. (a) Definition.--For purposes of this section, the term ``high containment biological laboratory'' means a laboratory that has Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Development of Minimum Standards.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, and in coordination with the Secretary of Agriculture and scientific experts representing appropriate professional groups and international health organizations, shall develop minimum standards for laboratory biosafety and biosecurity training for relevant personnel of high containment biological laboratories. In developing such standards, the Secretary of Health and Human Services shall consider existing laboratory guidelines and training modules. (c) Requirement for Approval.--A person may not register with the Secretary of Health and Human Services or the Secretary of Agriculture for the possession, use, or transfer of listed agents in accordance with section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401) unless the person provides to its appropriate personnel biosafety and biosecurity training that meets the minimum standards under subsection (b) in addition to any other requirements determined appropriate by the Secretary of Health and Human Services or the Secretary of Agriculture. (d) Dissemination.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, may disseminate the minimum standards under subsection (b) for voluntary use, such as when use is not required under subsection (b), in laboratories and academic programs in the United States and in other countries. SEC. 203. BIOLOGICAL LABORATORY INCIDENT REPORTING SYSTEM. (a) In General.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, (referred to in this section as the ``Secretaries'') shall establish an integrated Biological Laboratory Incident Reporting System through which personnel of biological laboratories may voluntarily report biosafety or biosecurity incidents of concern and the Secretaries may identify trends in such incidents and protocols for biosafety or biosecurity improvements. In developing such reporting system, the Secretaries shall consider options for integrating existing voluntary and required reporting mechanisms. (b) Functions.--In implementing the reporting system under subsection (a), the Secretaries shall enter into a contract with a public or private entity that does not regulate biological laboratories to administer the reporting system. Such entity shall-- (1) receive and process incident reports; (2) analyze, interpret incident data, and identify incident trends; (3) issue alert messages within an appropriate time period; (4) disseminate reports and other appropriate information, which shall not include facility-specific information; (5) not have authority to direct corrective action or to initiate enforcement action; (6) ensure anonymity of individuals reporting to the system, to the extent permitted by law; and (7) conduct other activities as requested by the Secretaries.

Select Agent Program and Biosafety Improvement Act of 2008 - Amends the Public Health Service Act and the Agricultural Bioterrorism Protection Act of 2002 to reauthorize appropriations for the Select Agent Program, which lists and controls biological agents and toxins that have the potential to pose a severe threat to public health and safety. Requires appropriate training of individuals handling or using such agents and toxins. Includes the Department of Homeland Security (DHS) among the federal agencies limited in the disclosure of information related to listed agents or toxins. Requires the Secretary of Health and Human Services to contract with the National Academy of Sciences to review and make recommendations for improving the Select Agent Program. Sets forth additional factors that the Secretary must consider in determining whether to list an agent or toxin, including whether the agent or toxin is endemic to the United States. Requires the Secretary to issue guidance on inventorying and monitoring listed biological agents. Directs the Attorney General to issue guidance regarding the scope of the statutory definition of "variola virus." Requires the Secretary to: (1) develop guidelines for how laboratories and laboratory personnel that do not regularly test for listed agents and toxins may be rapidly accessed and utilized during emergencies; and (2) evaluate national needs of, and oversight of, high containment biological laboratories. Provides for the development of minimum standards for laboratory biosafety and biosecurity training for relevant personnel of high containment biological laboratories. Requires the Secretary to establish a Biological Laboratory Incident Reporting System.

A bill to reauthorize the Select Agent Program by amending the Public Health Service Act and the Agricultural Bioterrorism Protection Act of 2002 and to improve oversight of high containment laboratories.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Health and Real Medication Access Cost Savings Act of 2009'' or the ``PHARMACY Bill''. SEC. 2. PATIENT CHOICE. A consumer shall have the right to choose to purchase prescription drugs from any domestic pharmacy that meets all applicable Federal and State licence and permit requirements. SEC. 3. REGULATION OF PHARMACY BENEFIT MANAGERS. Not later than January 1, 2011, the Secretary of Health and Human Services shall issue regulations to ensure the following: (1) Access to and choice of pharmacy.-- (A) Incentives.--A pharmacy benefit manager (referred to in this section as a ``PBM'') may not provide incentives (including variations in premiums, deductibles, co-payments, or co-insurance rates) to enrollees of pharmacy benefit plans administered by such PBM for the purpose of encouraging such enrollees to use certain pharmacies (including mail order pharmacies, speciality drug pharmacies, or other entities) unless the PBM offers the same incentives for all pharmacies in the network for such plan. (B) Mandates.--A PBM may not refer, coerce, or mandate that an enrollee of a pharmacy benefit plan administered by such PBM use a specific mail order pharmacy, specialty drug pharmacy, or other entity-- (i) if the PBM has an ownership interest in a such pharmacy or entity; or (ii) if the pharmacy or entity has an ownership interest in such PBM. (C) Pharmacy networks.--A PBM or pharmacy benefit plan sponsor may not exclude a pharmacy from a pharmacy network if-- (i) the pharmacy agrees to the terms of the network contract; (ii) the pharmacy meets all applicable Federal and State licence and permit requirements; and (iii) the owners of the pharmacy have not been convicted of a Federal crime related to owning or managing a pharmacy. (2) Encourage generic drugs.-- (A) Cost to consumers.-- (i) In general.--Subject to clause (iii), a PBM shall ensure that enrollees of pharmacy benefit plans administered by such a PBM pay a copayment of 20 percent for brand name drugs, not to exceed a maximum amount of $150 per prescription. (ii) Annual updates to amount.--The maximum amount under clause (i) shall be updated annually for inflation based on the consumer price index. (iii) Exception for state medicaid programs.--Clause (i) shall not apply to a PBM with respect to enrollees of a State Medicaid program that limits or prohibits copayments for prescription drugs. (B) Payments to pharmacies.-- (i) In general.--With respect to a pharmacy benefit plan that is at least partially funded with Federal funds, the PBM administering such plan shall reimburse a pharmacy that is in the network for such a plan at least-- (I) 107 percent of the Wholesale Acquisition Cost plus a minimum professional dispensing fee of $4.25 for a prescription for a brand-name drug; (II) 190 percent of the Federal Upper Limit plus a minimum professional dispensing fee of $8.50 for a prescription for a generic drug; and (III) a professional service fee for any additional pharmacy services provided by the pharmacy, in an amount set by the Secretary of Health and Human Services. (ii) Adjustment for inflation.--The professional dispensing fees under clause (i) shall be adjusted annually for inflation, based on the consumer price index. (3) Payments and charges between pbms and pharmacy benefit plan sponsors.-- (A) Payments.--A PBM shall be reimbursed by a pharmacy benefit plan sponsor for adjudicating and processing claims in behalf of such sponsor at a rate that is determined by such sponsor. (B) Charges to pharmacy benefit plan sponsors for drugs dispensed to plan enrollees.--The amount that a PBM charges a pharmacy benefit plan sponsor for a drug that is dispensed to enrollee of a pharmacy benefit plan administered by such PBM may not be greater than the amount that the PBM paid the pharmacy for such drug (including any associated professional dispensing fee). (4) Treatment of drug manufacturer rebates.-- (A) No rebates to pbms.--A manufacturer of prescription drugs-- (i) shall pay all rebates, as defined in section 5(6), directly to the pharmacy benefit plan sponsor; and (ii) shall not pay such rebates to a PBM. (B) Negotiation allowed.--A PBM may negotiate rebate amounts with a manufacturer of prescription drugs on behalf of a pharmacy benefit plan sponsor. (5) Provision of cost information to physicians.--In the case that the premium, deductible, co-payments, co-insurance, or other insurance-related charge under a pharmacy benefit plan is underwritten, in whole or in part, by a Federal, State, or local government, the pharmacy benefit plan sponsor shall provide a list of the wholesale acquisition costs of the top 500 most frequently prescribed drugs to physicians who are licenced to prescribe drugs and who provide treatment to enrollees in such a plan. (6) Treatment of pharmacists as professional health care providers.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) by striking ``and'' at the end of subparagraph (DD); (B) by adding ``and'' at the end of subparagraph (EE); and (C) by inserting after subparagraph (EE), the following new subparagraph: ``(FF) pharmacist services;''. SEC. 4. PHARMACEUTICAL ACCESS PROGRAM. (a) Establishment.--Not later than January 1, 2011, the Secretary of Health and Human Services shall establish a pharmaceutical access program to provide affordable access to prescription drugs to individuals who receive drug benefits under Federal programs (except for the Medicaid program under title XIX of the Social Security Act). (b) Eligibility.--Any individual in a State shall be eligible to enroll in the program under subsection (a). (c) Fees.-- (1) In general.--A pharmacy that dispenses prescription drugs in the United States shall remit to the Secretary of Health and Human Services-- (A) $0.50 for each prescription dispensed by such pharmacy for a brand name drug; and (B) $1.00 for each prescription dispensed by such pharmacy for a generic drug. (2) Treatment for inflation.--The fees under paragraph (1) shall be adjusted annually for inflation, based on the consumer price index. (3) Treatment of medicaid programs.--The rule under paragraph (1) shall not apply to drugs dispensed under a State Medicaid program under title XIX of the Social Security Act. (4) Increase in professional dispensing fee for private plans.--The professional dispensing fee paid to pharmacies by a pharmacy benefit plan that is not funded by any Federal funds shall be increased by such plan sponsor-- (A) by $0.50 for each brand name prescription; and (B) by $1.00 for each generic prescription. (d) Use of Funds.--Funds generated under subsection (c) shall be used solely to provide affordable access to prescription drugs to low- income individuals who have enrolled in the program under subsection (a). SEC. 5. DEFINITIONS. For purposes of this Act: (1) Brand name drugs.--The term ``brand name drug'' means a prescription drug that is under patent by the drug's original manufacturer and is protected from competition by other manufacturers of prescription drugs. (2) Generic drug.--The term ``generic drug'' means a prescription drug that has lost patient protection provided to a single manufacturer or multiple manufacturers and is widely available from multiple manufacturers. (3) Pharmacy benefit plan.--The term ``pharmacy benefit plan'' means an insurance plan or insurance coverage that provides benefits for prescription drugs, including a group health plan (as such term is defined in section 733(a) of the Patient Health and Real Medication Access Cost Savings Act of 2009 (29 U.S.C. 1191b(a))) that provides prescription drug benefits. (4) Professional dispensing fee.--The term ``professional dispensing fee'' means the fee paid for the dispensing of a drug by the pharmacist and excludes any reimbursement for the cost of the drug. (5) Professional service fee.--The term ``professional service fee'' means a fee paid to a pharmacy for professional services preformed by a pharmacist, excluding dispensing drugs and any reimbursement for the cost of the drug. Such term may include medication reviews, injections, and cholesterol checks. (6) Rebate.--The term ``rebate'' means any item of value, including monetary value, that is distributed by the manufacturer conditional upon the receipt of a payment for drugs produced by such manufacturer.

Patient Health and Real Medication Access Cost Savings Act of 2009 or the PHARMACY Bill - Declares that a consumer shall have the right to choose to purchase prescription drugs from any domestic pharmacy that meets all applicable federal and state license and permit requirements. Directs the Secretary of Health and Human Services (HHS) to issue regulations that: (1) prohibit a pharmacy benefit manager (PBM) from providing incentives to, encouraging, or requiring pharmacy benefit plan enrollees to use certain pharmacies or from excluding an eligible pharmacy from a plan's pharmacy network; (2) require a PBM to ensure that pharmacy benefit plan enrollees pay a specified copayment for brand name drugs; (3) require a PBM to reimburse a pharmacy in the network of a pharmacy benefit plan that is federally funded, at specified rates, for brand-name drugs, generic drugs, and additional professional services; (4) require a PBM to be reimbursed by a pharmacy benefit plan sponsor for adjudicating and processing claims; (5) limit the amount that a PBM charges a pharmacy benefit plan sponsor for a drug that is dispensed to enrollees to the amount the PBM paid the pharmacy for such drug; (6) require a manufacturer of prescription drugs to pay all rebates directly to the pharmacy benefit plan sponsor and not to a PBM; and (7) require a pharmacy benefit plan sponsor to provide a list of the wholesale acquisition costs of the top 500 most frequently prescribed drugs to physicians in a plan any insurance-related charge of which is underwritten by a federal, state, or local government. Amends title XVIII (Medicare) of the Social Security Act to include pharmacist services as "medical and other health services" under Medicare. Directs the Secretary, by January 1, 2011, to establish a pharmaceutical access program to provide affordable prescription drugs to individuals who receive drug benefits under federal programs (except Medicaid). Requires: (1) a pharmacy that dispenses prescription drugs in the United States to remit to the Secretary 50 cents for each brand name prescription and $1.00 for generic drug prescription dispensed; and (2) the sponsor of a pharmacy benefit plan that is not federally funded to increase the professional dispensing fee paid to pharmacies by the same amounts. Requires the use of funds generated from such fees to provide affordable access to prescription drugs to low-income individuals who have enrolled in the program.

To ensure patient choice in pharmacies by regulating pharmacy benefit managers and to establish a program to improve access to prescription drugs for certain individuals.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preventing Unemployment Act of 2010''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Treatment of short-time compensation programs. Sec. 3. Temporary financing of certain short-time compensation payments. Sec. 4. Temporary Federal short-time compensation. Sec. 5. Grants for implementation of State short-time compensation programs. Sec. 6. Assistance and guidance in implementing programs. Sec. 7. Reports. SEC. 2. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS. (a) Definition.-- (1) In general.--Section 3306 of the Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by adding at the end the following new subsection: ``(v) Short-Time Compensation Program.--For purposes of this chapter, the term `short-time compensation program' means a program under which-- ``(1) the participation of an employer is voluntary; ``(2) an employer reduces the number of hours worked by employees in lieu of temporary layoffs; ``(3) such employees whose workweeks have been reduced by at least 10 percent, and by not more than the percentage, if any, that is determined by the State to be appropriate, are eligible for unemployment compensation; ``(4) the amount of unemployment compensation payable to any such employee is a pro rata portion of the unemployment compensation which would be payable to the employee if such employee were totally unemployed; ``(5) such employees are not expected to meet the availability for work or work search test requirements while collecting short-time compensation benefits, but are required to be available for their normal workweek; ``(6) eligible employees may participate, as appropriate, in an employer-sponsored training program to enhance job skills if such program has been approved by the State agency; ``(7) the State agency shall require an employer to certify that the employer will continue to provide health benefits and retirement benefits under a defined benefit plan (as defined in section 414(j)) and contributions under a defined contribution plan (as defined in section 414(i)) to any employee whose workweek is reduced under the program under the same terms and conditions as though the workweek of such employee had not been reduced; ``(8) the State agency shall require an employer (or an employer's association which is party to a collective bargaining agreement) to submit a written plan describing the manner in which the requirements of this subsection will be implemented and containing such other information as the Secretary of Labor determines is appropriate; ``(9) in the case of employees represented by a union, the appropriate official of the union has agreed to the terms of the employer's written plan and implementation is consistent with employer obligations under the National Labor Relations Act; and ``(10) only such other provisions are included in the State law as the Secretary of Labor determines appropriate for purposes of a short-term compensation program.''. (2) Effective date.-- (A) In general.--Except as provided in subparagraph (B), the amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. (B) Delay permitted.--In the case of a State that is administering a short-time compensation program as of the date of the enactment of this Act and the State law cannot be administered consistent with the amendment made by paragraph (1), such amendment shall take effect on the earlier of-- (i) the date the State changes its State law in order to be consistent with such amendment; or (ii) the date that is 2 years after the date of the enactment of this Act. (b) Conforming Amendments.-- (1) Internal revenue code of 1986.-- (A) Subparagraph (E) of section 3304(a)(4) of the Internal Revenue Code of 1986 is amended to read as follows: ``(E) amounts may be withdrawn for the payment of short-time compensation under a short-time compensation program (as defined under section 3306(v));''. (B) Subsection (f) of section 3306 of the Internal Revenue Code of 1986 is amended-- (i) by striking paragraph (5) (relating to short-term compensation) and inserting the following new paragraph: ``(5) amounts may be withdrawn for the payment of short- time compensation under a short-time compensation program (as defined in subsection (v)); and''; and (ii) by redesignating paragraph (5) (relating to self-employment assistance program) as paragraph (6). (2) Social security act.--Section 303(a)(5) of the Social Security Act is amended by striking ``the payment of short-time compensation under a plan approved by the Secretary of Labor'' and inserting ``the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986)''. (3) Unemployment compensation amendments of 1992.-- Subsections (b) through (d) of section 401 of the Unemployment Compensation Amendments of 1992 (26 U.S.C. 3304 note) are repealed. SEC. 3. TEMPORARY FINANCING OF CERTAIN SHORT-TIME COMPENSATION PAYMENTS. (a) Payments to States.-- (1) In general.--Subject to paragraph (3), there shall be paid to a State an amount equal to 100 percent of the amount of short-time compensation paid under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 2(a)) under the provisions of the State law. Notwithstanding section 2(a)(2), a State administering a short-term compensation program as of the date of the enactment of this Act shall not be eligible to receive payments under this section until the program administered by such State meets the requirements of section 3306(v) of the Internal Revenue Code of 1986 (as so added). Payments shall also be made for additional State administrative expenses incurred (as determined by the Secretary). (2) Terms of payments.--Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (3) Limitations on payments.-- (A) General payment limitations.--No payments shall be made to a State under this section for benefits paid to an individual by the State in excess of 26 weeks of benefits. (B) Employer limitations.--No payments shall be made to a State under this section for benefits paid to an individual by the State under a short-time compensation program if such individual is employed by an employer-- (i) whose workforce during the 3 months preceding the date of the submission of the employer's short-time compensation plan has been reduced by temporary layoffs of more than 20 percent; or (ii) on a seasonal, temporary, or intermittent basis. (b) Applicability.--Payments to a State under subsection (a) shall be available for weeks of unemployment-- (1) beginning on or after the date of the enactment of this Act; and (2) ending on or before the date that is 3 years after the date of the enactment of this Act. (c) Funding and Certifications.-- (1) Funding.--There are appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section. (2) Certifications.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. (d) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Labor. (2) State; state agency; state law.--The terms ``State'', ``State agency'', and ``State law'' have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). SEC. 4. TEMPORARY FEDERAL SHORT-TIME COMPENSATION. (a) Federal-State Agreements.-- (1) In general.--Any State which desires to do so may enter into, and participate in, an agreement under this section with the Secretary provided that such State's law does not provide for the payment of short-time compensation under-- (A) a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 2(a)); or (B) subsections (b) through (d) of section 401 of the Unemployment Compensation Amendments Act of 1992, as in effect on the day before the date of the enactment of this Act. (2) Ability to terminate.--Any State which is a party to an agreement under this section may, upon providing 30 days' written notice to the Secretary, terminate such agreement. (b) Provisions of Federal-State Agreement.-- (1) In general.--Any agreement under this section shall provide that the State agency of the State will make payments of short-time compensation under a plan approved by the State. Such plan shall provide that payments are made in accordance with the requirements under section 3306(v) of the Internal Revenue Code of 1986, as added by section 2(a). (2) Limitations on plans.-- (A) General payment limitations.--A short-time compensation plan approved by a State shall not permit the payment of short-time compensation in excess of 26 weeks. (B) Employer limitations.--A short-time compensation plan approved by a State shall not provide payments to an individual if such individual is employed by an employer-- (i) whose workforce during the 3 months preceding the date of the submission of the employer's short-time compensation plan has been reduced by temporary layoffs of more than 20 percent; or (ii) on a seasonal, temporary, or intermittent basis. (3) Employer payment of costs.--Any short-time compensation plan entered into by an employer must provide that the employer will pay the State an amount equal to one-half of the amount of short-time compensation paid under such plan. Such amount shall be deposited in the State's unemployment fund and shall not be used for purposes of calculating an employer's contribution rate under section 3303(a)(1) of the Internal Revenue Code of 1986. (c) Payments to States.-- (1) In general.--There shall be paid to each State with an agreement under this section an amount equal to-- (A) one-half of the amount of short-time compensation paid to individuals by the State pursuant to such agreement; and (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary). (2) Terms of payments.--Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (3) Funding.--There are appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section. (4) Certifications.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. (d) Applicability.--An agreement entered into under this section shall apply to weeks of unemployment-- (1) beginning on or after the date on which such agreement is entered into; and (2) ending on or before the date that is 2 years after the date of the enactment of this Act. (e) Transition Rule.--If a State has entered into an agreement under this section and subsequently enacts a State law providing for the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 2(a)), the State shall not be eligible for payments under this section for weeks of unemployment beginning after the effective date of such State law. (f) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Labor. (2) State; state agency; state law.--The terms ``State'', ``State agency'', and ``State law'' have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). SEC. 5. GRANTS FOR IMPLEMENTATION OF STATE SHORT-TIME COMPENSATION PROGRAMS. (a) Grants.-- (1) In general.--The Secretary shall award start-up grants to State agencies-- (A) in States that enact short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 2(a)) on or after May 1, 2010, for the purpose of creating such programs; and (B) that apply for such grants not later than September 30, 2012. (2) Amount.--The amount of a grant awarded under paragraph (1) shall be an amount determined by the Secretary based on the costs of implementing a short-time compensation program. (3) Only 1 grant per state.--A State agency is only eligible to receive 1 grant under this section. (b) Funding.--There are appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section. (c) Reporting.--The Secretary may establish reporting requirements for State agencies receiving a grant under this section in order to provide oversight of grant funds used by States for the creation of the short-time compensation programs. (d) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Labor. (2) State; state agency.--The terms ``State'' and ``State agency'' have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). SEC. 6. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS. In order to assist States in establishing, qualifying, and implementing short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 2(a)), the Secretary of Labor shall-- (1) develop model legislative language which may be used by States in developing and enacting such programs and periodically review and revise such model legislative language; (2) provide technical assistance and guidance in developing, enacting, and implementing such programs; (3) establish reporting requirements for States, including reporting on-- (A) the number of averted layoffs; (B) the number of participating companies and workers; and (C) such other items as the Secretary of Labor determines are appropriate. SEC. 7. REPORTS. (a) Initial Report.--Not later than 4 years after the date of the enactment of this Act, the Secretary of Labor shall submit to Congress and to the President a report or reports on the implementation of the provisions of this Act, including an analysis of the significant impediments to State enactment and implementation of short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 2(a)). (b) Subsequent Reports.--After the submission of the report under subsection (a), the Secretary of Labor may submit such additional reports on the implementation of short-time compensation programs as the Secretary deems appropriate. (c) Funding.--There are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Labor, $1,500,000 to carry out this section, to remain available without fiscal year limitation.

Preventing Unemployment Act of 2010 - Amends the Federal Unemployment Tax Act (FUTA), the Internal Revenue Code, and the Unemployment Compensation Amendments of 1992 to prescribe requirements for the treatment and temporary financing of voluntary short-time compensation (STC) programs, under which: (1) an employer reduces the number of hours worked by employees in lieu of temporary layoffs; and (2) such employees are eligible for pro-rata unemployment compensation if their workweeks are reduced by between 10% and an appropriate state-determined percentage. Requires payments to states meeting the requirements of this Act in an amount equal to 100% of the STC paid to individuals. Prohibits such STC payments: (1) for more than 26 weeks; or (2) for an employee whose employer's workforce during the three months preceding submission of the employer's STC plan has been reduced by temporary layoffs of more than 20%, or on a seasonal, temporary, or intermittent basis. Authorizes temporary federal-state agreements for STC programs if a state does not currently provide for STC payments under an existing program. Requires employers under an STC plan to pay the state one-half of the amount of STC paid under the plan. Requires federal payments to states in an amount equal to: (1) one-half of the amount of STC paid to individuals by the state; and (2) any additional related administrative expenses incurred by the state. Requires the Secretary of Labor to award one start-up grant to state agencies: (1) in states that enact STC programs on or after May 1, 2010; and (2) that apply for such grants before FY2013. Specifies assistance and guidance the Secretary shall give states in establishing and implementing STC programs.

A bill to provide for the treatment and temporary financing of short-time compensation programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing Modernization and Diversification Act of 2010''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Bank.--The term ``bank'' means-- (A) an insured depository institution, as such term is defined under section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)); and (B) an insured credit union, as such term is defined under section 101(7) of the Federal Credit Union Act (12 U.S.C. 1752(7)). (2) Collateral support program.--The term ``Collateral Support Program'' means a program described under section 4. (3) Loan participation program.--The term ``Loan Participation Program'' means a program described under section 5. (4) Qualified manufacturer.--The term ``qualified manufacturer'' means a business that is engaged in manufacturing and-- (A) has less than $50,000,000 in annual revenue; and (B) has less than $50,000,000 in assets. (5) Revolving loan fund.--The term ``revolving loan fund'' means the revolving loan fund established under section 3(d). (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (7) SPV.--The term ``SPV'' means a special purpose vehicle created by a State. (8) Termination date.--The term ``termination date'' means the date that is the end of the 2-year period beginning on the date the Secretary issues regulations pursuant to section 3(b)(4). SEC. 3. FEDERAL LOAN PROGRAM TO SPVS. (a) In General.--The Secretary shall certify SPVs to take part in a program to carry out Collateral Support Programs and Loan Participation Programs for the benefit of qualified manufacturers (hereinafter in this section described as the ``loan program''). (b) Application Process.-- (1) In general.--Each SPV wishing to participate in the loan program shall submit an application to the Secretary, in such form and manner as the Secretary may require, containing-- (A) a detailed proposal for the structure of the Collateral Support Program the SPV proposes to carry out, including what criteria the SPV intends to use to determine which qualified manufacturers will be eligible to participate; (B) a detailed proposal for the structure of the Loan Participation Program the SPV proposes to carry out, including what criteria the SPV intends to use to determine which qualified manufacturers will be eligible to participate; and (C) such other information as the Secretary may require. (2) Additional requirements.-- (A) Interest rate.--Loans made to SPVs by the Secretary under the loan program shall be made with an interest rate of 0.5 percent. (B) Treatment of payments from qualified manufacturers.--The amount of all fees and interest payments paid by qualified manufacturers to an SPV under Collateral Support Programs and Loan Participation Programs that is more than the amount required by the SPV to repay the principal and interest amounts on loans made to the SPV under the loan program shall be retained by the SPV. (C) No disqualification by reason of participation.--Participation in a Collateral Support Program or a Loan Participation Program by a qualified manufacturer shall not disqualify such manufacturer from receiving assistance related to such loan under other Federal programs as well, including programs carried out by the Small Business Administration and the Department of Agriculture. (D) Limitations on spvs.--Only 1 SPV per State may be certified to participate in the loan program. (E) Oversight.--The Secretary shall issue regulations to require each SPV participating in the loan program to make periodic reports to the Secretary at any time such SPV has a loan outstanding under the loan program. Such reports shall contain such information as the Secretary determines appropriate to maintain oversight of the funds used in the loan program. (3) Determination factors.--In making the determination of which SPVs should be certified to take part in the loan program, the Secretary shall consider-- (A) all information submitted in the application of an SPV under paragraph (1); (B) the number of jobs that will likely be created by programs proposed by the SPV; (C) the amount of economic distress experienced by the State in which the SPV is located, including the unemployment rate of such State; and (D) the likelihood that the SPV will be able to successfully administer the programs proposed by the SPV. (4) Rulemaking.--The Secretary shall issue all regulations necessary for the submission of applications described under paragraph (1) no later than 90 days after the date of the enactment of this Act. (c) Loan-Making Process.-- (1) In general.--Each time a certified SPV wishes to make a loan under a Collateral Support Program or a Loan Participation Program, the certified SPV shall make a request to the Secretary, who shall loan the requested amount to the SPV from the revolving loan fund, as long as sufficient amounts remain in the fund. (2) Time period.--An SPV may not make any new loans under a Collateral Support Program or a Loan Participation Program after the termination date. (d) Revolving Loan Fund.-- (1) In general.--There is established in the Treasury a revolving loan fund for the loan program. (2) Initial transfer.-- (A) Funding from the tarp.--Of funds made available to the Secretary under title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) that remain unobligated, the Secretary shall transfer and credit $20,000,000,000 to the revolving loan fund. (B) Authorization.--The amounts transferred under subparagraph (A) shall be deemed to be for actions authorized under title I of the Emergency Economic Stabilization Act of 2008. (3) Expenditures.--The Secretary shall use the amounts in the revolving loan fund to carry out the loan program. (4) Deposits.--The Secretary shall deposit amounts received as payment and interest on loans provided under the loan program into the revolving loan fund. (e) Termination of Loan Program.--On and after the termination date-- (1) no additional loans may be made by the Secretary under the loan program; (2) all amounts in the revolving loan fund shall be paid into the general fund of the Treasury; and (3) all amounts that would otherwise have been paid into the revolving loan fund shall be paid into the general fund of the Treasury. SEC. 4. COLLATERAL SUPPORT PROGRAM. (a) In General.--With respect to an SPV, a program is described under this section if, under such program-- (1) a qualified manufacturer that wishes to receive a loan from a bank, but would not otherwise have sufficient collateral to qualify for such a loan, may ask the bank to seek collateral support for such loan from the SPV; (2) the bank submits an application to the SPV to participate in the collateral support program, in such form and manner and containing such information as the SPV may require; (3) the SPV, if approving such application, deposits cash with the bank in an interest bearing account under the SPV's name, and allows such cash to act as collateral support for the qualified manufacturer's loan; (4) the interest paid on such cash deposit is paid to the SPV; and (5) as the qualified manufacturer repays the loan over time, the SPV draws down the amount deposited with the bank. (b) Additional Requirements.--A program described under subsection (a) shall additionally have the following requirements: (1) Deposit limits.--The cash deposit made by the SPV may not represent more than 49.9 percent of the total loan amount and may not be in an amount more than 49.9 percent of the non- equity capital of the qualified manufacturer at the time the loan is made. (2) Loan amount.--The SPV may not provide more than $20,000,000 to any one qualified manufacturer under the collateral support program. (3) Fees.--The SPV shall require a fee or fees to be paid by the qualified manufacturer to the SPV, at loan closing or annually, which shall consist of no more than 3 percent of the value of the cash deposit per fee. The SPV may determine whether such fee should be paid in cash or in options to purchase equity in the qualified manufacturer, but in no case may such options allow for the purchase of equity in the qualified manufacturer that would result in the SPV holding more than 15 percent of the voting rights of the equity of such qualified manufacturer. (4) Exit fee.--In the event that the qualified manufacturer defaults on the loan made under the collateral support program, the bank shall repay to the SPV an amount equal to 5 percent of the initial deposit made by the SPV. (5) Oversight.--The SPV shall require-- (A) the bank to make periodic reports to the SPV during the life of the loan; and (B) such other reports from the bank and the qualified manufacturer as the SPV determines appropriate to maintain oversight. SEC. 5. LOAN PARTICIPATION PROGRAM. (a) In General.--With respect to an SPV, a program is described under this section if, under such program-- (1) a qualified manufacturer that wishes to receive a loan from a bank, but would not otherwise qualify for such a loan, may ask the bank to seek loan participation for such loan from the SPV; (2) the bank submits an application to the SPV to participate in the loan participation program, in such form and manner and containing such information as the SPV may require; (3) the SPV, if approving such application, will agree to purchase between 1 to 49.9 percent of such loan, upon the bank making such loan; (4) the bank shall continue to service the entire loan; and (5) the SPV may, in coordination with the bank, permit the qualified manufacturer to forbear payments of interest or defer payments of principal on the amount of such loan purchased by the SPV for a period of no longer than 3 years from the date such loan is made. (b) Additional Requirements.--A program described under subsection (a) shall additionally have the following requirements: (1) Loan amount.--The SPV may not pay more than $20,000,000 for any portion of loans made to any one qualified manufacturer under the loan participation program. (2) Fee.-- (A) One-time fee.--The SPV shall require a one-time fee from the qualified manufacturer in exchange for the SPV participating in the loan participation program. (B) Annual fee.--The bank shall require the qualified manufacturer to pay an annual fee to the bank of a minimum of 0.5 percent, and a maximum of 2 percent, of the amount of the portion of the loan purchased by the SPV under the loan participation program. (3) Oversight.--The SPV shall require-- (A) the bank to make periodic reports to the SPV during the life of the loan; and (B) such other reports from the bank and the qualified manufacturer as the SPV determines appropriate to maintain oversight. SEC. 6. REPORT. Not later than the end of the 6-month period beginning on the date of the enactment of this Act, and quarterly thereafter while any loan remains outstanding under the loan program carried out under section 3, the Secretary shall issue a report to the Congress containing-- (1) a list of the active participants in Collateral Support Programs and Loan Participation Programs; and (2) an estimate of the impact the loan program has had on-- (A) the overall economy; and (B) the creation of new jobs or the preservation of existing jobs.

Manufacturing Modernization and Diversification Act of 2010 - Directs the Secretary of the Treasury to certify special purpose vehicles (SPVs) created by a state to take part in a program to carry out collateral support and loan participation programs for the benefit of qualified manufacturers (manufacturers with less than $50 million in annual revenue and less than $50 million in assets). Outlines SPV application requirements. Allows, under the collateral support program, a qualified manufacturer that wishes to receive a bank loan but has insufficient collateral to ask the bank to seek collateral loan support from the SPV. Prohibits an SPV from providing more than $20 million in collateral support to any one manufacturer. Requires manufacturers to be charged a fee for such support. Allows, under the loan participation program, a qualified manufacturer that wishes to receive a bank loan but would not otherwise qualify for the loan to ask the bank to seek participation for such loan from the SPV. Prohibits an SPV from providing more than $20 million in participation support to any one manufacturer. Requires manufacturers to be charged a fee for such support. Requires: (1) periodic reports from such banks to participating SPVs; and (2) quarterly reports from the Secretary to Congress on participants in and impacts of the support and participation programs.

To create a loan program to provide funds to State special purpose vehicles for use in collateral support programs and loan participation programs to benefit qualified manufacturers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Runoff Management Act''. SEC. 2. FEDERAL-AID HIGHWAY RUNOFF MANAGEMENT. (a) In General.--Chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 330. Federal-aid highway runoff management program ``(a) Definitions.--In this section, the following definitions apply: ``(1) Covered project.--The term `covered project' means a reconstruction, rehabilitation, reconfiguration, renovation, major resurfacing, or new construction project on a Federal-aid highway carried out under this title that results in-- ``(A) a 10-percent or greater increase in impervious surface of the aerial extent within the right-of-way of the project limit on a Federal-aid highway or associated facility; or ``(B) an increase of 1 acre or more in impervious surface coverage. ``(2) Erosive force.--The term `erosive force' means the flowrate within a stream or channel in which channel bed or bank material becomes detached, which in most cases is less than or equal to the flowrate produced by the 2-year storm event. ``(3) Highway runoff.--The term `highway runoff ', with respect to a Federal-aid highway, associated facility, or management measure retrofit project, means a discharge of peak flow rate or volume of runoff that exceeds flows generated under preproject conditions. ``(4) Impacted hydrology.--The term `impacted hydrology' means stormwater runoff generated from all areas within the site limits of a covered project. ``(5) Management measure.--The term `management measure' means a program, structural or nonstructural management practice, operational procedure, or policy on or off the project site that is intended to prevent, reduce, or control highway runoff. ``(b) State Highway Stormwater Management Programs.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, each State shall-- ``(A) develop a process for analyzing the erosive force of highway runoff generated from covered projects; and ``(B) apply management measures to maintain or restore impacted hydrology associated with highway runoff from covered projects. ``(2) Inclusions.--The management measures established under paragraph (1) may include, as the State determines to be appropriate, management measures that-- ``(A) minimize the erosive force of highway runoff from a covered project on a channel bed or bank of receiving water by managing highway runoff within the area of the covered project; ``(B) manage impacted hydrology in such a manner that the highway runoff generated by a covered project is below the erosive force flow and volume; ``(C) to the maximum extent practicable, seek to address the impact of the erosive force of hydrologic events that have the potential to create or exacerbate downstream channel erosion, including excess pier and abutment scour at bridges and channel downcutting and bank failure of streams adjacent to highway embankments; ``(D) ensure that the highway runoff from the post- construction condition does not increase the risk of channel erosion relative to the preproject condition; and ``(E) employ simplified approaches to determining the erosive force of highway runoff generated from covered projects, such as a regionalized analysis of streams within a State. ``(c) Guidance.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the heads of other relevant Federal agencies, shall publish guidance to assist States in carrying out this section. ``(2) Contents of guidance.--The guidance shall include guidelines and technical assistance for the establishment of State management measures that will be used to assist in avoiding, minimizing, and managing highway runoff from covered projects, including guidelines to help States integrate the planning, selection, design, and long-term operation and maintenance of management measures consistent with the design standards in the overall project planning process. ``(3) Approval.--The Secretary, in consultation with the heads of other relevant Federal agencies, shall-- ``(A) review the management measures program of each State; and ``(B) approve such a program, if the program meets the requirements of subsection (b). ``(4) Updates.--Not later than 5 years after the date of publication of the guidance under this subsection, and not less frequently than once every 5 years thereafter-- ``(A) the Secretary, in consultation with the heads of other relevant Federal agencies, shall update the guidance, as applicable; and ``(B) each State, as applicable, shall update the management measures program of the State in accordance with the updated guidance. ``(d) Reporting.-- ``(1) In general.--Except as provided in paragraph (2)(A), each State shall submit to the Secretary an annual report that describes the activities carried out under the highway stormwater management program of the State, including a description of any reductions of stormwater runoff achieved as a result of covered projects carried out by the State after the date of enactment of this section. ``(2) Reporting requirements under permit.-- ``(A) In general.--A State shall not be required to submit an annual report described in paragraph (1) if the State-- ``(i) is operating Federal-aid highways in the State in a post-construction condition in accordance with a permit issued under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); ``(ii) is subject to an annual reporting requirement under such a permit (regardless of whether the permitting authority is a Federal or State agency); and ``(iii) carries out a covered project with respect to a Federal-aid highway in the State described in clause (i). ``(B) Transmission of report.--A Federal or State permitting authority that receives an annual report described in subparagraph (A)(ii) shall, on receipt of such a report, transmit a copy of the report to the Secretary.''. (b) Clerical Amendment.--The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``330. Federal-aid highway runoff management program.''.

Highway Runoff Management Act - Requires each state to develop for approval a state highway stormwater management program consisting of management measures to prevent, reduce, or control highway runoff from federal-aid highway projects. Directs the Secretary of Transportation (DOT) to publish guidance to assist states in the establishment of such measures.

Highway Runoff Management Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stock Option Accounting Reform Act''. SEC. 2. MANDATORY EXPENSING OF STOCK OPTIONS HELD BY HIGHLY COMPENSATED OFFICERS. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(m) Mandatory Expensing of Stock Options.-- ``(1) Named executive officer.--As used in this subsection, the term `named executive officer' means-- ``(A) all individuals serving as the chief executive officer of an issuer, or acting in a similar capacity, during the most recent fiscal year, regardless of compensation level; and ``(B) the 4 most highly compensated executive officers, other than an individual identified under subparagraph (A), that were serving as executive officers of an issuer at the end of the most recent fiscal year. ``(2) In general.--Subject to paragraph (4), every issuer of a security registered pursuant to section 12 shall show as an expense in the annual report of such issuer filed under subsection (a)(2), the fair value of all options to purchase the stock of the issuer granted after December 31, 2004, to a named executive officer of the issuer. ``(3) Fair value.-- ``(A) In general.--The fair value of an option to purchase the stock of the issuer that is subject to paragraph (2) shall be-- ``(i) equal to the value that would be agreed upon by a willing buyer and seller of such option, who are not under any compulsion to buy or sell such option; and ``(ii) shall take into account all of the characteristics and restrictions imposed upon the option. ``(B) Pricing model.--To the extent that an option pricing model, such as the Black-Scholes method or a binomial model, is used to determine the fair value of an option, the assumed volatility of the underlying stock shall be zero. ``(4) Exemptions.-- ``(A) Small business issuers.--This subsection shall not apply to an issuer, if-- ``(i) the issuer has annual revenues of less than $25,000,000; ``(ii) the issuer is organized under the laws of the United States or Canada; ``(iii) the issuer is not an investment company (as such term is defined under section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a-3)); ``(iv) the aggregate value of the outstanding voting and non-voting common equity securities of the issuer held by non-affiliated parties is less than $25,000,000; and ``(v) in the case of an issuer that meets the criteria in clauses (i) through (iv) and is a majority owned subsidiary, the parent of the issuer meets the requirements of this paragraph. ``(B) Delayed effectiveness.--The requirements of this subsection shall not apply to an issuer before the end of the 3-year period beginning on the date of the completion of the initial public offering of the securities of the issuer, and shall only apply to an option to purchase the stock of an issuer granted after such date.''. SEC. 3. PROHIBITION ON EXPENSING AND ECONOMIC IMPACT STUDY. (a) Prohibition.--Section 19(b) of the Securities Act of 1933 is amended by adding at the end the following: ``(3) Prohibition on expensing standards.-- ``(A) In general.--The Commission shall not recognize as ``generally accepted'' any accounting principle established by a standard setting body relating to the expensing of stock options unless-- ``(i) it complies with the requirements of subparagraph (B); and ``(ii) the economic impact study required under section 3(b) of the Stock Option Accounting Reform Act of 2003 has been completed. ``(B) Requirements.--A standard referred to in subparagraph (A) shall require that-- ``(i) if an option to purchase the stock of an issuer that is subject to the requirements of section 13(m) of the Securities Exchange Act of 1934 is exercised, forfeited, or expires unexercised, any expense that had been reported under that section 13(m) with respect to such option shall be reported in the fiscal year in which the option expires or is forfeited as a reduction of the total expense required to be reported under that section 13(m) during that fiscal year; and ``(ii) to the extent that any reduction required under clause (i) exceeds total option expenses for any fiscal year, such excess shall be reported as income with respect to options to purchase the stock of the issuer.''. (b) Economic Impact Study.--The Secretary of Commerce and the Secretary of Labor shall conduct and complete a joint study on the economic impact of the mandatory expensing of all employee stock options, including the impact upon-- (1) the use of broad-based stock option plans in expanding employee corporate ownership to workers at a wide range of income levels, with particular focus upon non-executive employees; (2) the role of such plans in the recruitment and retention of skilled workers; (3) the role of such plans in stimulating research and innovation; (4) the effect of such plans in stimulating the economic growth of the United States; and (5) the role of such plans in strengthening the international competitiveness of businesses organized under the laws of the United States.

Stock Option Accounting Reform Act - Amends the Securities Exchange Act of 1934 to require an issuer of registered securities to show as an expense in its mandatory annual report the fair value of all stock purchase options granted to certain of its senior executive officers after December 31, 2004. Exempts small business issuers from such requirement. Amends the Securities Act of 1933 to require reporting of: (1) stock option expenses as a reduction of the total expense in the fiscal year in which they expire or are forfeited; and (2) as income any excess by which such reduction exceeds total option expenses for any fiscal year. Requires any accounting principle recognized as "generally accepted" by the Securities and Exchange Commission (SEC) regarding the expensing of stock purchase options to comply with this Act. Denies recognition to any such accounting principle until the Secretaries of Commerce and of Labor complete a joint study on the economic impact of mandatory expensing of all employee stock options.

A bill to require the mandatory expensing of stock options granted to executive officers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Scenic Columbia Gorge Restoration Act of 2017''. SEC. 2. EXPEDITED RECOVERY ACTIVITIES IN RESPONSE TO CATASTROPHIC EVENTS IN NATIONAL SCENIC AREAS. (a) Definitions.--In this section: (1) Catastrophic event.--The term ``catastrophic event'' means any natural disaster (such as hurricane, tornado, windstorm, snow or ice storm, rain storm, high water, wind- driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect or disease outbreak) or any fire, flood, or explosion, regardless of cause. (2) Conclusion.--The term ``conclusion'', with respect to a catastrophic event, includes containment of the catastrophic event if occurring before the actual end of the catastrophic event. (3) National scenic area.--The term ``National Scenic Area'' means an area of the National Forest System federally designated as a National Scenic Area in recognition of the outstanding natural, scenic, and recreational values of the area. (4) Response activity.--The term ``response activity'' means any salvage operation or reforestation activity proposed to be conducted within a National Scenic Area adversely impacted by a catastrophic event to address conditions caused or exacerbated by the catastrophic event. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Prompt Proposal of Response Activities.--Within 30 days after the conclusion of a catastrophic event within a National Scenic Area, the Secretary shall begin proposing response activities for lands within the National Scenic Area adversely impacted by the catastrophic event. (c) Public Input and Response Process.--Notwithstanding any other provision of law, the Secretary shall allow 30 days for public scoping and comment regarding a National Scenic Area response activity, 15 days for filing an objection to the response activity, and 15 days for the agency response to the filing of an objection. Upon completion of this process and expiration of the period specified in subsection (d)(1) if applicable, the Secretary shall implement the response activity. (d) Environmental Review.-- (1) Expedited environmental assessment.--Except as provided in paragraph (2), notwithstanding any other provision of law, an environmental assessment prepared by the Secretary concerned pursuant to section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for a National Scenic Area response activity shall be completed within 60 days after the conclusion of the catastrophic event. (2) Categorical exclusion.--A categorical exclusion is available for any National Scenic Area response activity that-- (A) does not exceed 10,000 acres within the National Scenic Area; and (B) includes lands that-- (i) are visible from key viewing areas, as described in the management plan for the National Scenic Area; (ii) provide screening for human development; (iii) are part of a municipal watershed; or (iv) contain utility or power transmission right-of-ways. (e) Consultation Under the Endangered Species Act.-- (1) No consultation if response activity not likely to adversely affect a listed species or designated critical habitat.--Consultation under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) shall not be required if the Secretary determines that a response activity is not likely to adversely affect a listed species or designated critical habitat. (2) Expedited consultation.-- (A) In general.--With respect to a response activity that is not covered by paragraph (1), consultation required under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) shall be concluded within the 90-day period beginning on the date on which such consultation was requested by the Secretary. (B) Effect of no conclusion.--In the case of a consultation described in subparagraph (A) that is not concluded within the 90-day period specified in such subparagraph, the response activity for which such consultation was initiated-- (i) shall be deemed to have not violated section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)); and (ii) may be carried out. (f) Prohibition on Restraining Orders, Preliminary Injunctions, and Injunctions Pending Appeal.--No restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to prepare or conduct a response activity. Section 705 of title 5, United States Code, shall not apply to any challenge to the response activity. (g) Funding Source.--Amounts in the special fund established pursuant to section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), shall be available to the Secretary for response activities. (h) Reforestation Objective.--In the case of response activities conducted on National Scenic Area lands adversely impacted by a catastrophic event, the Secretary shall achieve reforestation of at least 75 percent of the impacted lands before the end of the two-year period following the conclusion of the catastrophic event.

Scenic Columbia Gorge Restoration Act of 2017 This bill directs the Forest Service to begin proposing, within 30 days of a catastrophic event, response (salvage operations or reforestation) activities for lands within a national scenic area that have been adversely impacted by the event. The bill provides a process for expedited environmental review under the National Environmental Policy Act of 1969, including a categorical exclusion not exceeding 10,000 acres for a response activity.

Scenic Columbia Gorge Restoration Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Commercial Driving Training and Technical Assistance Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) despite the availability of abundant natural resources on land under the jurisdiction of Indian tribes and the existence of a rich cultural legacy that accords great value to self-determination, self-reliance, and independence, Native Americans suffer higher rates of unemployment, poverty, poor health, substandard housing, and associated social problems than any other group in the United States; (2) the United States has an obligation to assist Native American communities in the establishment of appropriate economic and political conditions; (3) the economic success and material well-being of Indian communities depend on the combined efforts of the Federal Government, tribal governments, the private sector, and individuals; (4) commercial vehicle driving programs are currently offered at several tribal colleges and universities; (5) the American Trucking Association reports that at least until 2005, the trucking industry will need to hire 403,000 truck drivers each year to fill vacant positions; (6) according to the Federal Government Occupational Handbook, the commercial vehicle driving industry is expected to expand at the average rate of expansion for all occupations through the year 2008 because of economic growth and an increase in the quantity of freight carried by trucks; and (7) a career in commercial vehicle driving offers a competitive salary, employment benefits, job security, and a profession. (b) Purposes.--The purposes of this Act are-- (1) to foster and promote job creation and economic opportunities for Native Americans; and (2) to provide education, technical, and training assistance to Native Americans who are interested in commercial vehicle driving careers. SEC. 3. DEFINITIONS. In this Act: (1) Commercial vehicle driving.--The term ``commercial vehicle driving'' means the driving of-- (A) a vehicle that is a tractor-trailer truck; or (B) any other vehicle (such as a bus or a vehicle used for the purpose of construction) the driving of which requires a commercial license. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (3) Native american.--The term ``Native American'' means an individual who is a member of-- (A) an Indian tribe; or (B) any people or culture that is indigenous to the United States, as determined by the Secretary. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 4. COMMERCIAL VEHICLE DRIVING TRAINING PROGRAM. (a) Grants.--The Secretary may provide grants, on a competitive basis, to entities described in subsection (b) to support programs providing training and certificates leading to the licensing of Native Americans with respect to commercial vehicle driving. (b) Eligibility.--To be eligible to receive a grant under subsection (a), an entity shall-- (1) be a tribal college or university (as defined in section 316(b)(3) of the Higher Education Act (20 U.S.C. 1059(b)(3)); and (2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Priority.--In providing grants under subsection (a), the Secretary shall give priority to grant applications that-- (1) propose training that exceeds proposed minimum standards for training tractor-trailer drivers of the Department of Transportation; (2) propose training that exceeds the entry level truck driver certification standards set by the Professional Truck Driver Institute; and (3) propose an education partnership with a private trucking firm, trucking association, or similar entity in order to ensure the effectiveness of the grant program under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act. Passed the Senate September 17, 2002. Attest: Secretary. 107th CONGRESS 2d Session S. 1344 _______________________________________________________________________ AN ACT To provide training and technical assistance to Native Americans who are interested in commercial vehicle driving careers.

Native American Commercial Driving Training and Technical Assistance Act - Authorizes the Secretary of Labor to award grants to eligible entities (tribal colleges and universities) to support commercial vehicle (tractor-trailer truck) driving training programs.Requires the Secretary to give priority to grant applications that propose: (1) training that exceeds proposed minimum standards for training tractor-trailer drivers of the Department of Transportation; (2) training that exceeds the entry level truck driver certification standards set by the Professional Truck Driver Institute; and (3) education partnerships with private trucking firms, trucking associations, or similar entities.Authorizes appropriations.

A bill to provide training and technical assistance to Native Americans who are interested in commercial vehicle driving careers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biotechnology Future Investment Expansion Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) American bioscience research corporations conduct long- term research and development on breakthrough medical technologies. This commercial bioscience research industry forms an irreplaceable link between pure scientific discovery and the development of powerful biomedical products and technologies. It is critical to the maintenance of American competitiveness internationally that these long-term research and development projects be encouraged. (2) Such long-term research projects have the greatest potential to revolutionize whole fields of science and industry for the benefit of the standard of living of Americans; and to yield solutions for critical social needs, even though these solutions might not result in large sales and profits (such as ``orphan'' drugs and other treatments alleviating great suffering in their recipients). (3) Long-term biomedical research companies are among the most research-intensive and capital-intensive companies in the world. (4) In addition to the scientific and technical risks attending their long-term research programs, many biomedical research companies must subject their technologies to lengthy and expensive regulatory reviews before they are permitted access to the marketplace. (5) Biomedical research companies typically operate in financially challenging circumstances. These companies must engage in intensive research activity for many years in order to develop their products and earn profits. Many are small businesses lacking the internal cash flow, stability and borrowing capacity of large corporations. (6) The long-term commercial bioscience research industry is heavily dependent on outside sources of equity capital to fund lengthy and intensive research prior to earning any revenues. The industry's long lead times and high levels of scientific and regulatory risk often impede access to capital. (7) The longstanding national policy of Government support and tax incentives for breakthrough commercial research reflects a recognition that the capital marketplace tends to allocate insufficient resources to sustain the Nation's need for such foundational scientific research and development. (8) American long-term bioscience research companies constitute one of the core commercial sectors which Congress intended to benefit from existing tax incentives for commercial research. (9) However, the current Federal income tax incentives are simply not working in the case of many bioscience companies focused on breakthrough medical technologies. (10) Current Federal income tax incentives do not work as intended for most high technology bioscience companies because they typically incur net operating losses for a decade or more during their lengthy research and development phases and therefore receive no contemporaneous benefit from these tax incentives. (11) Further, Federal tax rules aimed chiefly at preventing corporate loss trafficking and tax-motivated mergers and acquisitions penalize these companies. The very process of raising successive increments of private capital through routine equity financings triggers these rules and subjects biomedical research companies to severe limitations on net operating loss and tax credit carryforwards. These limitations practically eliminate for the commercial bioscience industry any economic benefit from these tax incentives. (12) These tax incentives instead tend to favor investment by large, profitable companies, often engaged in secondary or tertiary research activities, and thus to discriminate against and to cause under-investment in longer-term breakthrough technologies, a bias which is harmful to American competitiveness. (13) The inability to benefit from existing Federal income tax incentives for commercial research places long-term bioscience research companies at a substantial disadvantage in the capital marketplace where they must compete with other companies able to use these tax incentives currently. (14) A tax system that does not discriminate would ensure that existing tax incentives in favor of research and experimentation have the same cost-reducing impact on companies conducting both short-term and long-term research and thus render this tax incentive program neutral with regard to short- term and long-term research objectives, minimizing capital marketplace distortions caused by differences in tax and income status. (b) Purpose.--The purpose of this Act is to provide that long-term biomedical research corporations will not incur limitations on research-related tax incentive carryforwards simply because they engage in the routine equity financings that are the financial lifeblood of the industry. SEC. 3. RESTORING THE BENEFIT OF TAX INCENTIVES FOR BIOMEDICAL RESEARCH AND CLINICAL TRIALS. (a) In General.--Subsection (l) of section 382 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Certain financing transactions of biomedical research corporations.-- ``(A) General rule.--In the case of a biomedical research corporation, any owner shift involving a 5- percent shareholder which occurs as the result of a qualified investment during the testing period shall be treated for purposes of this section (other than this paragraph) as occurring before the testing period. ``(B) Biomedical research corporation.--For purposes of this paragraph, the term `biomedical research corporation' means, with respect to any qualified investment, any domestic corporation subject to tax under this subchapter which is not in bankruptcy and which, as of the time of the closing on such investment-- ``(i) holds the rights to a drug or biologic for which an investigational new drug application is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act, and ``(ii) certifies that, as of the time of such closing, the drug or biologic is under study in phase II or phase III of a clinical investigation carried out under such section. ``(C) Qualified investment.--For purposes of this paragraph, the term `qualified investment' means any acquisition of stock in a biomedical research corporation if such stock is acquired at its original issue (directly or through an underwriter), solely in exchange for cash, and the closing thereon occurs after the date of the enactment of this paragraph. ``(D) Stock issued in exchange for convertible debt.--For purposes of this paragraph, stock issued by a biomedical research corporation in exchange for its convertible debt (or stock deemed under this section to be so issued) shall be treated as stock acquired by the debt holder at its original issue and solely in exchange for cash if the debt holder previously acquired the convertible debt at its original issue and solely in exchange for cash. In the case of an acquisition of stock in exchange for convertible debt, the requirements of this paragraph shall be applied separately as of the time of closing on the investment in convertible debt, and as of the time of actual conversion (or deemed conversion under this section) of the convertible debt for stock, except that the requirements of subparagraph (H) shall be applied only as of the time of closing on the issuance of the convertible debt. ``(E) Biomedical research corporation must meet 5- year expenditure test with respect to any qualified investment.-- ``(i) In general.--This paragraph shall not apply to a qualified investment in a biomedical research corporation unless such corporation meets the expenditure test for each year of the measuring period. ``(ii) Measuring period.--For purposes of this subparagraph, the term `measuring period' means, with respect to any qualified investment, the taxable year of the biomedical research corporation in which the closing on the investment occurs, the 2 preceding taxable years, and the 2 subsequent taxable years. ``(iii) Clinical testing.--For purposes of this subparagraph, the term `clinical testing' means any human clinical testing which is carried out under any investigational new drug application in effect under section 505 of the Federal Food, Drug, and Cosmetic Act. ``(F) Effect of corporate redemptions on qualified investments.--Rules similar to the rules of section 1202(c)(3) shall apply to qualified investments under this paragraph except that `stock acquired in a qualified investment' shall be substituted for `qualified small business stock' each place it appears therein. ``(G) Effect of other transactions between biomedical research corporations and investors making qualified investments.-- ``(i) In general.--If, during the 2-year period beginning 1 year before any qualified investment, the biomedical research corporation engages in another transaction with a member of its qualified investment group and such biomedical research corporation receives any consideration other than cash in such transaction, there shall be a presumption that stock received in the otherwise qualified investment transaction was not received solely in exchange for cash. ``(ii) Qualified investment group.--For purposes of this subparagraph, the term `qualified investment group' means, with respect to any qualified investment, one or more persons who receive stock issued in exchange for the qualified investment, and any person related to such persons within the meaning of section 267(b) or section 707(b). ``(iii) Regulations.--The Secretary shall promulgate regulations exempting from this subparagraph transactions which are customary in the bioscience research industry and are of minor value relative to the amount of the qualified investment. ``(H) Proceeds of qualified investments shall be devoted to research on preexisting technology.-- ``(i) In general.--This paragraph shall not apply to any qualified investment unless the net proceeds of such qualified investment do not exceed the excess of-- ``(I) the sum of the biomedical research corporation's aggregate qualifying clinical expenditures for the 3 years following the qualified investment, over ``(II) three times the corporation's qualifying clinical expenditures for the year preceding the qualified investment, plus the amount of the corporation's cash and cash equivalents immediately before the closing on the qualified investment. ``(ii) Qualifying clinical expenditures.-- For purposes of this subparagraph, the term `qualifying clinical expenditures' means amounts described in section 41(b) which are paid or incurred by a biomedical research corporation for clinical testing in connection with a drug or biologic for which an investigational new drug application is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act and which is (at the time of the closing on the qualified investment) under study in phase II or phase III of a clinical investigation carried out under such section. ``(I) Regulations.--The Secretary may issue such regulations as may be appropriate to achieve the purposes of this paragraph, to prevent abuse, and to provide for treatment of biomedical research corporations under sections 383 and 384 that is consistent with the purposes of this paragraph.''. (b) Proceeds of Equity Investments To Be Treated as Working Capital.--Subparagraph (C) of section 382(l)(4) of such Code is amended by adding at the end the following: ``Such term shall not include any assets reasonably expected to be used within 3 years to fund qualifying clinical expenditures (as defined in paragraph (9)(H)(ii) without regard to the parenthetical therein).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Biotechnology Future Investment Expansion Act of 2003 - Amends the Internal Revenue Code to provide that in the case of a biomedical research corporation, any owner shift involving a five-percent shareholder which occurs as the result of a qualified investment during the testing period shall be treated as occurring before the testing period. (Thus not counting toward net operating loss and tax credit carryover limitations.) Defines: (1) "biomedical research corporation" as a domestic corporation not in bankruptcy which has a drug or biologic in certain clinical trials; and (2) "qualified investment" as a stock acquisition in a biomedical research corporation acquired in cash at its original issue. Requires a biomedical research corporation to meet a five-year expenditure test with respect to any qualified investment.

A bill to permit biomedical research corporations to engage in certain equity financings without incurring limitations on net operating loss carryforwards and certain built-in losses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Graduation Really Achieves Dreams Act'' or the ``GRAD Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The national secondary school graduation rate is only 70 percent. For the class of 2001, the national graduation rate was only 51 percent for African-American students and 52 percent for Latino students. (2) In our Nation's high poverty urban districts, as few as \1/3\ of students graduate from secondary school. In these places, completion rates among certain disadvantaged groups of students are often lower still. (3) In rural areas, where \1/3\ of American students attend school, only 58.8 percent of students attend institutions of higher education, compared with 68.2 percent of American students from urban and suburban areas. (4) Each school day, approximately 3,000 secondary school students drop out of school. (5) Alaska Natives have a substantially higher dropout rate than all other students in Alaska as a group. The dropout rate is 8.8 percent for Alaska Natives compared to 4.7 percent for the 2001-2002 school year for other students in Alaska. (6) The 6,000,000 secondary students who make up the lowest 25 percent in terms of achievement scores are 3.5 times more likely to drop out of secondary school than students in the next highest quarter of academic achievement, and are 20 times more likely to drop out than high achieving students. (7) Approximately 25 percent of secondary school students are reading at below basic levels. The problem is even more severe for poor students of color. The average minority or low- income 9th grader performs at only the 5th or 6th grade level in reading. (8) During the 2002-2003 school year Alaska Benchmark Examinations, significantly lower percentages of Alaska Natives were proficient in reading, writing, and mathematics at each of the 3 tested grade levels when compared to all other students. These achievement gaps persist into secondary school, where significantly lower percentages of Alaska Natives were proficient in the subjects tested on the Alaska High School Graduation Qualifying Examination in all grade levels where that test was administered in 2002-2003 school year. (9) Achievement gaps persist across racial and socioeconomic lines in rural schools. There are 2,500,000 poor children in rural areas and the child poverty rate in some rural areas is 2 to 3 times the national average. (10) Recruiting and retaining good teachers is an enormous challenge in rural areas. The average salary in rural districts is 13.4 percent lower than in nonrural areas, and teachers often teach more than 1 subject, teach in poor working conditions, live far from colleges, have little access to training, and face geographic and social isolation. (11) Low graduation rates and college attendance rates are evidence that, in the earlier grades, schools are not meeting the fundamental achievement needs of low-income, minority, and rural students. (12) Even those students who do graduate from secondary schools and go on to college are struggling because they lack the basic skills to succeed. Approximately 40 percent of all 4- year college students take a remedial course and 63 percent of all community college students are assigned to at least 1 remedial course. (13) A small percentage of low-income students who manage to enter college are able to complete a degree. Of students from families in the bottom 20 percent in terms of income who enter college, only 27 percent go on to complete a 2- or 4-year college degree within 8 years. (14) Graduation rates impact early drop-out rates in the military. The attrition rates in the military of both individuals who are not secondary school graduates and GED recipients are 8 percentage points higher than the attrition rate of secondary school graduates. As a result, the Armed Forces no longer accept secondary school dropouts and put less value on alternative certificates. (15) Students who fail to graduate from secondary school are more likely to engage in criminal activity than students who graduate. A 1-percent increase in secondary school graduation rates would save approximately $1,400,000,000 in costs associated with incarceration, or about $2,100 for each male secondary school graduate. (16) In today's workplace, nearly 8 in 10 adults with baccalaureate degrees are employed, but for those who completed secondary school only, the number falls to about 6 in 10. And for students who dropped out of secondary school, the number drops further to 4 in 10. (17) Employment projections indicate that jobs requiring only a secondary school degree will grow by just 9 percent by the year 2008, while those jobs requiring a bachelor's degree will grow by 25 percent and those jobs requiring an associate's degree will grow by 31 percent. (18) Personalization of the school environment has been proven to increase success rates for low-performing secondary school students. Nearly 50 percent of middle school youth and 40 percent of secondary school youth report feelings of disengagement from school. Rates are even higher for teens and minorities in urban schools. These feelings result in failure to work hard, to seek assistance, or to take appropriate courses. (19) Effective research-based education programs that improve secondary school graduation rates are comprehensive in nature and include interventions that begin in kindergarten or earlier and span all the grades through grade 12. SEC. 3. DEFINITIONS. In this Act: (1) At-risk.--The term ``at-risk'' has the same meaning given such term in section 1432 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6472). (2) Feeder pattern.--The term ``feeder pattern'' means a secondary school and the elementary schools and middle schools that channel students into that secondary school. (3) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. PROJECT GRAD. (a) Purposes.--The purposes of this Act are-- (1) to provide support and assistance to programs implementing integrated education reform services in order to improve secondary school graduation, college attendance, and college completion rates for at-risk students; and (2) to promote the establishment of new programs to implement such integrated education reform services. (b) Grant Authorized.--The Secretary is authorized to award a grant to Project GRAD USA (referred to in this Act as the ``grantee''), a nonprofit educational organization that has as its primary purpose the improvement of secondary school graduation, college attendance, and college completion rates for at-risk students, to implement and sustain the integrated education reform services described in subsection (d)(3) at existing Project GRAD program sites and to promote the expansion of Project GRAD programs to new sites. (c) Requirements of Grant Agreement.--The Secretary shall enter into an agreement with the grantee that requires that the grantee shall-- (1) enter into subcontracts with nonprofit educational organizations that serve a substantial number or percentage of at-risk students (referred to in this Act as ``subcontractors''), under which the subcontractors agree to implement the programs described in subsection (d) and provide matching funds for such programs; (2) directly carry out-- (A) activities to implement and sustain the reading, mathematics, classroom management, social service, and college access programs described in subsection (d)(3); (B) activities to build the organizational and management capacity of the subcontractors to effectively implement and sustain the programs; (C) activities for the purpose of improving and expanding the programs, including activities to further articulate a program for 1 or more grade levels and across grade levels, to tailor a program for a particular target audience, and to provide tighter integration across programs; (D) activities for the purpose of implementing new Project GRAD program sites; (E) activities for the purpose of promoting greater public awareness of integrated education reform services to improve secondary school graduation, college attendance, and college completion rates for at-risk students; and (F) other activities directly related to improving secondary school graduation, college attendance, and college completion rates for at-risk students; and (3) use grant funds available under this Act to pay-- (A) to subcontractors the amount determined under subsection (f); and (B) the costs associated with carrying out the activities described in paragraph (2). (d) Supported Programs.-- (1) Designation.--The subcontractor programs referred to in subsection (c)(1) shall be known as ``Project GRAD programs''. (2) Feeder patterns.--Each subcontractor shall implement a Project GRAD program and shall, with the agreement of the grantee-- (A) identify or establish not less than 1 feeder pattern of public schools; and (B) provide the integrated educational reform services described in paragraph (3) at the identified feeder pattern or feeder patterns. (3) Integrated education reform services.--The services provided through a Project GRAD program shall include-- (A) research-based programs in reading, mathematics, and classroom management; (B) campus-based social services programs, including a systematic approach to increase family and community involvement in the schools served by the Project GRAD program; (C) a college access program that includes-- (i) providing college scholarships for students who meet established criteria; (ii) proven approaches for increasing student and family college awareness; and (iii) assistance for such students in applying for higher education financial aid; and (D) such other services identified by the grantee as necessary to increase secondary school graduation, college attendance, and college completion rates. (e) Grantee Use of Funds.--Of the funds made available under this Act, not more than 8 percent, or $4,000,000, whichever is less, shall be used by the grantee to pay for administration of the grant, with the remainder of funds to be used for the purposes described in subsection (c) (1) and (2). (f) Grantee Contribution and Matching Requirement.-- (1) In general.--The grantee shall provide to each subcontractor an average of $200 for each pupil served by the subcontractor in the Project GRAD program, adjusted to take into consideration-- (A) the resources available in the area where the subcontractor will implement the Project GRAD program; and (B) the need for Project GRAD programs in such area to improve student outcomes, including reading and mathematics achievement and, where applicable, secondary school graduation, college attendance, and college completion rates. (2) Matching requirement.--Each subcontractor shall provide funds for the Project GRAD program in an amount that is equal to the amount received by the subcontractor from the grantee. Such matching funds may be provided in cash or in kind, fairly evaluated. (3) Waiver authority.--The grantee may waive, in whole or in part, the requirement of paragraph (2) for a subcontractor, if the subcontractor-- (A) demonstrates that the subcontractor would not otherwise be able to participate in the program; and (B) enters into an agreement with the grantee with respect to the amount to which the waiver will apply. (4) Decrease in grantee share.--Based on the funds or resources available to a subcontractor, the grantee may elect to provide the subcontractor with an amount that is less than the amount determined under paragraph (1). (g) Evaluation.-- (1) Evaluation by the secretary.--The Secretary shall select an independent entity to evaluate, every 3 years, the performance of students who participate in a Project GRAD program under this Act. The evaluation shall-- (A) be conducted using the strongest possible research design for determining the effectiveness of the Project GRAD programs funded under this Act; and (B) compare reading and mathematics achievement and, where applicable, the secondary school graduation, college attendance, and college completion rates of students who participate in a Project GRAD program funded under this Act with those indicators for students of similar backgrounds who do not participate in such programs. (2) Evaluation by grantee and subcontractors.-- (A) In general.--The grantee shall require each subcontractor to prepare an in-depth report of the results and the use of funds of each Project GRAD program funded under this Act that includes-- (i) data on the reading and mathematics achievement of students involved in the Project GRAD program; (ii) statistics on secondary school graduation, college attendance, and college completion rates; and (iii) such financial reporting as required by the Secretary to review the effectiveness and efficiency of the program. (B) Form of report.--The report shall be in a form and include such content as shall be determined by the grantee, in consultation with the Secretary or the entity selected by the Secretary to evaluate the Project GRAD programs in accordance with paragraph (1). (3) Availability of evaluations.--Copies of any evaluation or report prepared under this subsection shall be made available to-- (A) the Secretary; (B) the chairperson and ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate; and (C) the chairperson and ranking member of the Committee on Education and the Workforce of the House of Representatives. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $27,000,000 for fiscal year 2006, and such sums as may be necessary for each of the 5 succeeding fiscal years.

Graduation Really Achieves Dreams Act - GRAD Act - Authorizes the Secretary of Education to award a grant to Project GRAD USA, a nonprofit educational organization for improving high school graduation and college attendance and completion rates for at-risk students, to provide technical assistance and support through subgrants to existing and new programs that implement a set of integrated education reform services. Requires the grantee to select only subgrantees that serve a substantial number or percentage of at-risk students. Requires the programs to identify one or more groups of public schools at which services will be provided through a feeder pattern through which elementary and secondary schools channel students having participated in program services into an identified high school. Requires program services to include: (1) research-based programs in reading, mathematics, and classroom management; (2) campus-based social services programs, including increasing family and community involvement in schools; (3) a college access program, including providing college scholarships for students who meet established criteria, increasing student and family college awareness, and assisting students to apply for college financial aid; and (4) other services the grantee identifies as necessary.

A bill to provide for Project GRAD programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asbestos Management Incentive Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Although asbestos is hazardous, the risk of asbestos- related disease depends upon exposure to airborne asbestos fibers. (2) Data available to the Environmental Protection Agency suggest that average airborne asbestos levels in buildings are very low. Accordingly, the health risk to most building occupants also appears to be very low. (3) The Environmental Protection Agency has estimated that only 20 percent of all buildings (including public and commercial buildings, residential apartment buildings of 10 units or more, and Federal buildings) contain friable asbestos- containing material. (4) The Environmental Protection Agency has found that removal of asbestos is often not the best course of action to reduce asbestos exposure. In fact, by releasing asbestos- containing material fibers into the air, an improper or unnecessary removal can create a dangerous situation where none previously existed and could result in a net increase in human exposures and risks. (5) The Environmental Protection Agency requires asbestos removal only to prevent significant public exposure to airborne asbestos fibers during building demolition or renovation activities. (6) Many lending institutions require the removal of asbestos, regardless of its condition, from commercial buildings before approving loans secured by those buildings because of the potential liability for the health of the occupants or property damages for failure to remove the asbestos. (7) The Environmental Protection Agency recommends a pro- active, in-place management program whenever intact asbestos- containing material is discovered. (8) The American Medical Association's Council on Scientific Affairs has stated that ``it is better that society use its limited financial resources in learning how to live safely with [asbestos] than in attempting to remove it totally from the environment.'' (9) The September 1991 report of the Health Effects Institute's Asbestos Literature Review Panel stated that ``there does not appear to be sufficient risk to the health of general occupants to justify arbitrarily removing intact asbestos-containing material from well-maintained buildings''. The report also acknowledged that ``because custodial and maintenance workers may be transiently exposed to higher levels of asbestos, their added life-time risk of cancer may be appreciably higher.'' SEC. 3. EFFECT OF ASBESTOS INSPECTION ON LENDING INSTITUTIONS. (a) Liability Immunity.--A lending institution that makes a loan or other extension of credit secured by a mortgage or other lien on a commercial building shall not be liable, from the time the loan or other extension of credit is made until it is renegotiated or a superseding loan or other extension of credit is made, under any Federal, State, or local law to any person for injuries, costs, damages, expenses, loss, or other obligation (including claims for indemnification or contribution and claims by third parties for death, personal injury, illness or loss of or damage to property or economic loss) which results from the presence of asbestos-containing material in the building in any case in which-- (1) the building was constructed during the 5-year period ending on the date that the loan or other extension of credit is made, and the building's construction manager certifies that the building contains no asbestos-containing material; or (2) the building-- (A) is one for which an asbestos inspection was conducted in accordance with section 6 after January 1, 1989, and during the 5-year period ending on the date that the loan or other extension of credit is made (as demonstrated by appropriate documentation); (B) has not been significantly rebuilt or renovated in the area that contains asbestos-containing material since that inspection was completed; (C) is one in which that portion of asbestos- containing material which the management planner recommended for removal has been removed in accordance with the Occupational Safety and Health Act and the regulations promulgated pursuant to section 7(a); and (D) is one in which an operations and maintenance program is currently being conducted in accordance with section 8 and the regulations promulgated pursuant to section 7(a) for remaining asbestos-containing materials which the management planner recommended be handled in place. (b) Limitation.--The immunity from liability provided in subsection (a) shall not apply if-- (1) the lending institution requires removal of asbestos- containing material that the management planner has recommended be handled in place; or (2) the lending institution requires an asbestos inspection of the building despite the fact that-- (A) the loan applicant demonstrates, with appropriate documentation, that the conditions in subsection (a)(1) or (a)(2) have been satisfied; or (B) the loan applicant demonstrates, with appropriate documentation, that all asbestos-containing material has been removed from the building. (c) Exclusion.--The immunity from liability provided in subsection (a) shall not apply to a subsidiary of a lending institution in any case in which the lending institution makes a loan or other extension of credit secured by a mortgage or other lien on a commercial building, and the subsidiary is the person to which the loan or other extension of credit is made. For purposes of this subsection, the term ``subsidiary'' means any company that is owned or controlled, directly or indirectly, by a lending institution. (d) Effective Date.--This section shall take effect upon the promulgation of regulations by the Administrator of the Environmental Protection Agency pursuant to section 7(a). SEC. 4. LIABILITY IN THE EVENT OF FORECLOSURE. In the case of a lending institution that is immune from liability with respect to a commercial building under section 3 and acquires title to such building through foreclosure or other exercise of rights under a security interest, the immunity from liability shall continue in effect so long as the lending institution maintains the operations and maintenance program for the building in accordance with the regulations promulgated pursuant to section 7(a), the Environmental Protection Agency asbestos guidance documents, and this Act. SEC. 5. CONSTRUCTION OF ACT. The requirement by a lending institution that a loan applicant conduct an asbestos inspection in accordance with this Act of a building to be secured by a loan, and the conducting of an operations and maintenance program in the building after foreclosure or other exercise of rights under a security interest, shall not be construed as participation in the management of the building by the lending institution and shall be considered to be an activity carried out by the lending institution solely to protect the institution's security interest. SEC. 6. ASBESTOS INSPECTION REQUIREMENTS. (a) In General.--For purposes of this Act, an asbestos inspection of a commercial building, if the loan applicant chooses to obtain one, shall be conducted by a qualified management planner for the purpose of determining whether asbestos-containing material is present in the building. If an inspection reveals the presence of asbestos-containing material, the management planner shall recommend specific response actions for each individual area of the building where such material is found. The recommendations shall be made in accordance with the regulations promulgated pursuant to section 7(a) and with the Environmental Protection Agency asbestos guidance documents. (b) Management Planner Qualifications.--For purposes of this Act, a qualified management planner is a person who meets all of the following requirements: (1) The person must be accredited, pursuant to title II of the Toxic Substances Control Act, as an inspector and management planner for asbestos-containing material in a public or commercial building. (2) The person must not own or control or be under the control of (A) any entity which carries out response actions for asbestos-containing material from buildings, (B) any owner or manager of the building being inspected, or (C) any lending institution making a loan or other extension of credit secured by a mortgage or other lien on the building being inspected. For purposes of this paragraph, a person controls an entity if the person, directly or indirectly, owns any amount of the voting stock or other type of ownership interest in the entity. (c) Accreditation of Management Planners for Public and Commercial Buildings.--Section 206 of the Toxic Substances Control Act (15 U.S.C. 2646) is amended as follows: (1) Paragraph (2) of subsection (a) is amended by inserting before the comma the following: ``or for a public or commercial building''. (2) Clause (ii) of subsection (a)(1)(A) is amended by inserting before the period the following: ``or for public or commercial buildings''. SEC. 7. ENVIRONMENTAL PROTECTION AGENCY REQUIREMENTS. (a) Asbestos Inspection and Management Standards for Public and Commercial Buildings.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate regulations governing the inspection and management of asbestos in public and commercial buildings for purposes of this Act only. The regulations shall include-- (1) detailed guidelines for management planners to determine whether asbestos-containing material should be removed or managed in place in a public or commercial building; (2) appropriate practices for conducting operations and maintenance programs in public or commercial buildings in which asbestos-containing material is managed in place; and (3) standards, applicable to persons complying with section 8(1), for periodic surveillance of asbestos-containing material that is managed in place in commercial buildings, including standards for the training of maintenance and custodial staff working in such buildings that are equivalent to the standards for the training of maintenance and custodial staff of local educational agencies under title II of the Toxic Substances Control Act. (b) Revision of Environmental Protection Agency Asbestos Guidance Documents.--The Administrator of the Environmental Protection Agency shall periodically update, revise, and republish the Environmental Protection Agency asbestos guidance documents. SEC. 8. OPERATION AND MAINTENANCE REQUIREMENTS. For purposes of section 3(a)(2)(D), the following requirements must be met after an asbestos inspection of the building concerned is conducted: (1) The owner or operator shall ensure that the remaining asbestos-containing material is visually inspected, not less frequently than every 6 months, by a member of the maintenance or custodial staff, or another person, who has undergone training in accordance with the standards contained in the regulations promulgated pursuant to section 7(a)(4). (2) All remaining accessible asbestos-containing material in public and maintenance areas of the building, including asbestos in thermal system insulation and spray-on and trowelled-on asbestos-containing material but excluding intact vinyl floor tile and ceiling tile in public areas, shall be prominently labeled. The owner or operator shall ensure that access to any remaining asbestos-containing material located in inaccessible areas, such as in spaces between floors or walls of the building, is permitted only to persons who have been notified of the presence of the asbestos-containing material. (3) After the inspection referred to in section 3(a)(2)(A), a report on the inspection shall be kept on file in the building. Such report shall include an accounting of remaining asbestos-containing material, any such material recommended for removal, and any removal that has taken place since the previous inspection. Such report shall be available in the building, in the administrative offices or other appropriate place for inspection by tenants and employees in the building, maintenance workers of the building, and building contractors. The inspection report shall be updated after each subsequent inspection pursuant to paragraph (1) and after any change in condition of asbestos-containing material being managed in place. (4) After each inspection pursuant to paragraph (1), the owner of the building shall notify maintenance workers of the building, either in writing or by posting notice, that an inspection has occurred and that an inspection report is available for inspection. SEC. 9. RELATIONSHIP TO OTHER LAW. (a) Clean Air Act.--Nothing in this Act shall be construed or interpreted to preempt, supersede, or otherwise affect any requirement to remove asbestos from a building pursuant to section 112 of the Clean Air Act (42 U.S.C. 7412), as implemented through regulations known as the national emission standards for hazardous air pollutants (40 C.F.R. 61). (b) Limited Requirements.--Nothing in this Act shall be construed or interpreted as a general requirement for inspections or operations and maintenance programs in public and commercial buildings. The requirements of sections 6, 7, and 8 are established solely to enable lending institutions to satisfy the conditions of this Act for purposes of obtaining immunity from liability under section 3. SEC. 10. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) The term ``asbestos-containing material'' has the meaning given that term by section 202(4) of the Toxic Substances Control Act (15 U.S.C. 2642(4)). (2) The term ``commercial building'' means any building that is not a publicly owned building and that is not a school building as defined in section 202(13) of the Toxic Substances Control Act, except that such term does not include any residential building of fewer than 10 units that is not part of a complex of other residential buildings under common ownership. (3) The term ``EPA asbestos guidance documents'' means-- (A) the most current version of the publication of the Environmental Protection Agency titled ``Guidance for Controlling Asbestos-Containing Materials in Buildings'' (also known as the ``Purple Book''); (B) the most current version of the publication of the Environmental Protection Agency titled ``Managing Asbestos in Place'' (also known as the ``Green Book''); and (C) any other publication of the Environmental Protection Agency, including any guidance documents published pursuant to section 7(a), published for the purpose of enabling building owners to select and apply appropriate asbestos control and abatement actions in their buildings. (4) The term ``lending institution'' means (A) a bank, savings and loan association, credit union, or similar institution insured by, or subject to the supervision, approval, or regulation of, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Office of Thrift Supervision, or the National Credit Union Administration; (B) any other person, including an insurance company, that makes direct loans or other extensions of credit secured by mortgages or other liens on commercial buildings; (C) any Federal agency to the extent the agency makes direct loans or other extensions of credit secured by mortgages or other liens on commercial buildings; and (D) the Federal Deposit Insurance Corporation, the National Credit Union Administrator Board, and the Resolution Trust Corporation, in such corporation's or Board's capability as conservator, receiver, or liquidating agency for any insured depository institution (as that term is defined in section 3 of the Federal Deposit Insurance Act). The term does not include any institution or Federal agency engaged primarily in the purchase of mortgage loans. (5) The term ``mortgage'' means a lien as is commonly given to secure advances on, or the unpaid purchase price of, a commercial building (and related real estate) under the laws of the State in which the building is located, together with the credit instrument, if any, secured thereby. The term includes second mortgages and other subsequent liens on a commercial building given to secure advances or loans. (6) The term ``response action'' has the meaning given that term by section 202(11) of the Toxic Substances Control Act (15 U.S.C. 2642(11)). HR 1000 IH----2

Asbestos Management Incentive Act - Absolves lending institutions that make loans or credit secured by liens on commercial buildings from liability resulting from asbestos material in any case in which the building was constructed during the five-year period ending on the date that the loan was made and the building's construction manager certifies that the building contains no asbestos-containing material, or in the case of any building: (1) for which an asbestos inspection was conducted after January 1, 1989, and during such five-year period; (2) that has not been significantly rebuilt in the area that contains such material since that inspection was completed; (3) for which that portion of material recommended for removal has been removed; and (4) for which an operations and maintenance program is currently being conducted. Bars immunity from liability if the lending institution requires: (1) removal of material that the management planner has recommended be handled in place; or (2) an asbestos inspection of the building despite the fact that the loan applicant demonstrates that certain conditions have been satisfied or that all such material has been removed. Makes immunity inapplicable to a subsidiary of a lending institution if the subsidiary is the person to whom the loan is made. Continues liability for institutions that acquire title to a building through foreclosure as long as the institution maintains an operation and maintenance program. Sets forth requirements for asbestos inspections and management planner qualifications. Amends the Toxic Substances Control Act to prohibit persons from preparing asbestos management plans for public or commercial buildings unless they are accredited. Directs the Administrator of the Environmental Protection Agency to: (1) promulgate regulations governing the inspection and management of asbestos in public and commercial buildings; and (2) update and revise asbestos guidance documents periodically. Requires, after an asbestos inspection: (1) the remaining asbestos-containing material to be visually inspected every six months; (2) all remaining material in public and maintenance areas of the building to be prominently labeled; and (3) a report to be completed and made available to maintenance workers.

Asbestos Management Incentive Act

SECTION 1. FINANCIAL INFORMATION PRIVACY. (a) In General.--The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``TITLE X--FINANCIAL INFORMATION PRIVACY PROTECTION ``Sec. ``1001. Short title. ``1002. Definitions. ``1003. Privacy protection for customer information of financial institutions. ``1004. Administrative enforcement. ``1005. Civil liability. ``1006. Criminal penalty. ``1007. Relation to State laws. ``1008. Agency guidance. ``Sec. 1001. Short title ``This title may be cited as the `Financial Information Privacy Act'. ``Sec. 1002. Definitions ``For purposes of this title, the following definitions shall apply: ``(1) Customer.--The term `customer' means, with respect to a financial institution, any person (or authorized representative of a person) to whom the financial institution provides a product or service, including that of acting as a fiduciary. ``(2) Customer information of a financial institution.--The term `customer information of a financial institution' means any information maintained by a financial institution which is derived from the relationship between the financial institution and a customer of the financial institution and is identified with the customer. ``(3) Document.--The term `document' means any information in any form. ``(4) Financial institution.-- ``(A) In general.--The term `financial institution' means any institution engaged in the business of providing financial services to customers who maintain a credit, deposit, trust, or other financial account or relationship with the institution. ``(B) Certain financial institutions specifically included.--The term `financial institution' includes any depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act), any loan or finance company, any credit card issuer or operator of a credit card system, and any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis (as defined in section 603(p)). ``(C) Further definition by regulation.--The Board of Governors of the Federal Reserve System may prescribe regulations further defining the term `financial institution', in accordance with subparagraph (A), for purposes of this title. ``Sec. 1003. Privacy protection for customer information of financial institutions ``(a) Prohibition on Obtaining Customer Information by False Pretenses.--It shall be a violation of this title for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer information of a financial institution relating to another person-- ``(1) by knowingly making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial institution with the intent to deceive the officer, employee, or agent into relying on that statement or representation for purposes of releasing the customer information; ``(2) by knowingly making a false, fictitious, or fraudulent statement or representation to a customer of a financial institution with the intent to deceive the customer into relying on that statement or representation for purposes of releasing the customer information or authorizing the release of such information; or ``(3) by knowingly providing any document to an officer, employee, or agent of a financial institution, knowing that the document is forged, counterfeit, lost, or stolen, was fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation, if the document is provided with the intent to deceive the officer, employee, or agent into relying on that document for purposes of releasing the customer information. ``(b) Prohibition on Solicitation of a Person To Obtain Customer Information From Financial Institution Under False Pretenses.--It shall be a violation of this title to request a person to obtain customer information of a financial institution, knowing or consciously avoiding knowing that the person will obtain, or attempt to obtain, the information from the institution in any manner described in subsection (a). ``(c) Nonapplicability to Law Enforcement Agencies.--No provision of this section shall be construed so as to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, to obtain customer information of a financial institution in connection with the performance of the official duties of the agency. ``(d) Nonapplicability to Financial Institutions in Certain Cases.--No provision of this section shall be construed so as to prevent any financial institution, or any officer, employee, or agent of a financial institution, from obtaining customer information of such financial institution in the course of-- ``(1) testing the security procedures or systems of such institution for maintaining the confidentiality of customer information; ``(2) investigating allegations of misconduct or negligence on the part of any officer, employee, or agent of the financial institution; or ``(3) recovering customer information of the financial institution which was obtained or received by another person in any manner described in subsection (a) or (b). ``(e) Nonapplicability to Certain Types of Customer Information of Financial Institutions.--No provision of this section shall be construed so as to prevent any person from obtaining customer information of a financial institution that otherwise is available as a public record filed pursuant to the securities laws (as defined in section 3(a)(47) of the Securities Exchange Act of 1934). ``Sec. 1004. Administrative enforcement ``(a) Enforcement by Federal Trade Commission.--Except as provided in subsection (b), compliance with this title shall be enforced by the Federal Trade Commission in the same manner and with the same power and authority as the Commission has under title VIII, the Fair Debt Collection Practices Act, to enforce compliance with such title. ``(b) Enforcement by Other Agencies in Certain Cases.-- ``(1) In general.--Compliance with this title shall be enforced under-- ``(A) section 8 of the Federal Deposit Insurance Act, in the case of-- ``(i) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; ``(ii) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act, by the Board; ``(iii) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System and national nonmember banks) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; and ``(iv) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, by the Director of the Office of Thrift Supervision; and ``(B) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any Federal credit union. ``(2) Violations of this title treated as violations of other laws.--For the purpose of the exercise by any agency referred to in paragraph (1) of its powers under any Act referred to in that paragraph, a violation of this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in paragraph (1), each of the agencies referred to in that paragraph may exercise, for the purpose of enforcing compliance with this title, any other authority conferred on such agency by law. ``(c) State Action for Violations.-- ``(1) Authority of states.--In addition to such other remedies as are provided under State law, if the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating this title, the State-- ``(A) may bring an action to enjoin such violation in any appropriate United States district court or in any other court of competent jurisdiction; ``(B) may bring an action on behalf of the residents of the State to recover damages of not more than $1,000 for each violation; and ``(C) in the case of any successful action under subparagraph (A) or (B), shall be awarded the costs of the action and reasonable attorney fees as determined by the court. ``(2) Rights of federal regulators.-- ``(A) Prior notice.--The State shall serve prior written notice of any action under paragraph (1) upon the Federal Trade Commission and, in the case of an action which involves a financial institution described in section 1004(b)(1), the agency referred to in such section with respect to such institution and provide the Federal Trade Commission and any such agency with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. ``(B) Right to intervene.--The Federal Trade Commission or an agency described in subsection (b) shall have the right-- ``(i) to intervene in an action under paragraph (1); ``(ii) upon so intervening, to be heard on all matters arising therein; ``(iii) to remove the action to the appropriate United States district court; and ``(iv) to file petitions for appeal. ``(3) Investigatory powers.--For purposes of bringing any action under this subsection, no provision of this subsection shall be construed as preventing the chief law enforcement officer, or an official or agency designated by a State, from exercising the powers conferred on the chief law enforcement officer or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(4) Limitation on state action while federal action pending.--If the Federal Trade Commission or any agency described in subsection (b) has instituted a civil action for a violation of this title, no State may, during the pendency of such action, bring an action under this section against any defendant named in the complaint of the Federal Trade Commission or such agency for any violation of this title that is alleged in that complaint. ``Sec. 1005. Civil liability ``Any person, other than a financial institution, who fails to comply with any provision of this title with respect to any financial institution or any customer information of a financial institution shall be liable to such financial institution or the customer to whom such information relates in an amount equal to the sum of the amounts determined under each of the following paragraphs: ``(1) Actual damages.--The greater of-- ``(A) the amount of any actual damage sustained by the financial institution or customer as a result of such failure; or ``(B) any amount received by the person who failed to comply with this title, including an amount equal to the value of any nonmonetary consideration, as a result of the action which constitutes such failure. ``(2) Additional damages.--Such additional amount as the court may allow. ``(3) Attorneys' fees.--In the case of any successful action to enforce any liability under paragraph (1) or (2), the costs of the action, together with reasonable attorneys' fees. ``Sec. 1006. Criminal penalty ``(a) In General.--Whoever violates, or attempts to violate, section 1003 shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both. ``(b) Enhanced Penalty for Aggravated Cases.--Whoever violates, or attempts to violate, section 1003 while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period shall be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of section 3571 of title 18, United States Code, imprisoned for not more than 10 years, or both. ``Sec. 1007. Relation to State laws ``(a) In General.--This title shall not be construed as superseding, altering, or affecting the statutes, regulations, orders, or interpretations in effect in any State, except to the extent that such statutes, regulations, orders, or interpretations are inconsistent with the provisions of this title, and then only to the extent of the inconsistency. ``(b) Greater Protection Under State Law.--For purposes of this section, a State statute, regulation, order, or interpretation is not inconsistent with the provisions of this title if the protection such statute, regulation, order, or interpretation affords any person is greater than the protection provided under this title. ``Sec. 1008. Agency guidance ``In furtherance of the objectives of this title, each Federal banking agency (as defined in section 3(z) of the Federal Deposit Insurance Act) shall issue advisories to depository institutions under the jurisdiction of the agency, in order to assist such depository institutions in deterring and detecting activities proscribed under section 1003.''. (b) Report to the Congress.--Before the end of the 18-month period beginning on the date of the enactment of this Act, the Comptroller General, in consultation with the Federal Trade Commission, Federal banking agencies, and appropriate Federal law enforcement agencies, shall submit to the Congress a report on the following: (1) The efficacy and adequacy of the remedies provided in the amendments made by subsection (a) in addressing attempts to obtain financial information by fraudulent means or by false pretenses. (2) Any recommendations for additional legislative or regulatory action to address threats to the privacy of financial information created by attempts to obtain information by fraudulent means or false pretenses.

Financial Information Privacy Act - Amends the Consumer Credit Protection Act to: (1) specify the types of enterprises constituting a financial institution within its purview; and (2) authorize the Board of Governors of the Federal Reserve System to prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this Act. Declares it a violation of this Act to obtain or disclose under false pretenses customer information of a financial institution. Grants the Federal Trade Commission (FTC), certain banking regulatory agencies, and the States enforcement powers under this Act. Subjects violations of this Act to civil liability for damages and Federal criminal penalties. Requires each Federal banking agency to issue advisories to depository institutions within its purview in order to assist in deterring and detecting the acts proscribed by this Act. Requires the Comptroller General to report to the Congress on: (1) the efficacy and adequacy of the remedies provided in this Act; and (2) recommendations for additional action to address threats to the privacy of financial information.

Financial Information Privacy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport and Airway Trust Fund Financing Act of 2007''. SEC. 2. EXTENSION AND MODIFICATION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND. (a) Rate of Tax on Aviation-Grade Kerosene and Aviation Gasoline.-- (1) Aviation-grade kerosene.--Subparagraph (A) of section 4081(a)(2) of the Internal Revenue Code of 1986 (relating to rates of tax) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) in the case of aviation-grade kerosene, 35.9 cents per gallon.''. (2) Aviation gasoline.--Clause (ii) of section 4081(a)(2)(A) of such Code is amended by striking ``19.3 cents'' and inserting ``24.1 cents''. (3) Fuel removed directly into fuel tank of airplane used in noncommercial aviation.--Subparagraph (C) of section 4081(a)(2) of such Code is amended to read as follows: ``(C) Taxes imposed on fuel used in commercial aviation.--In the case of aviation-grade kerosene which is removed from any refinery or terminal directly into the fuel tank of an aircraft for use in commercial aviation by a person registered for such use under section 4101, the rate of tax under subparagraph (A)(iv) shall be 4.3 cents per gallon.''. (4) Conforming amendments.-- (A) Clause (iii) of section 4081(a)(2)(A) of such Code is amended by inserting ``other than aviation- grade kerosene'' after ``kerosene''. (B) The following provisions of such Code are each amended by striking ``kerosene'' and inserting ``aviation-grade kerosene'': (i) Section 4081(a)(3)(A)(ii). (ii) Section 4081(a)(3)(A)(iv). (iii) Section 4081(a)(3)(D). (C) Section 4081(a)(3)(D) of such Code is amended-- (i) by striking ``paragraph (2)(C)(i)'' in clause (i) and inserting ``paragraph (2)(C)'', and (ii) by striking ``paragraph (2)(C)(ii)'' in clause (ii) and inserting ``paragraph (2)(A)(iv)''. (D) Section 4081(a)(4) of such Code is amended in the heading by striking ``kerosene'' and inserting ``aviation-grade kerosene''. (E) Section 4081(d)(2) of such Code is amended by inserting ``, (a)(2)(A)(iv),'' after ``subsections (a)(2)(A)(ii)''. (b) Extension.-- (1) Fuels taxes.--Paragraph (2) of section 4081(d) of such Code is amended by striking ``gallon--'' and all that follows and inserting ``gallon after September 30, 2011''. (2) Taxes on transportation of persons and property.-- (A) Persons.--Clause (ii) of section 4261(j)(1)(A) of such Code is amended by striking ``September 30, 2007'' and inserting ``September 30, 2011''. (B) Property.--Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking ``September 30, 2007'' and inserting ``September 30, 2011''. (c) Exemption for Aviation-Grade Kerosene Removed Into an Aircraft.--Subsection (e) of section 4082 of such Code is amended-- (1) by striking ``kerosene'' and inserting ``aviation-grade kerosene'', (2) by striking ``section 4081(a)(2)(A)(iii)'' and inserting ``section 4081(a)(2)(A)(iv)'', and (3) by striking ``Kerosene'' in the heading and inserting ``Aviation-Grade Kerosene''. (d) Retail Tax on Aviation Fuel.-- (1) Exemption for previously taxed fuel.--Paragraph (2) of section 4041(c) of such Code is amended by inserting ``at the rate specified in subsection (a)(2)(A)(iv) thereof'' after ``section 4081''. (2) Rate of tax.--Paragraph (3) of section 4041(c) of such Code is amended to read as follows: ``(3) Rate of tax.--The rate of tax imposed by this subsection shall be the rate of tax in effect under section 4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any sale or use for commercial aviation).''. (e) Refunds Relating to Aviation-Grade Kerosene.-- (1) Kerosene used in commercial aviation.--Clause (ii) of section 6427(l)(4)(A) of such Code is amended by striking ``specified in section 4041(c) or 4081(a)(2)(A)(iii), as the case may be,'' and inserting ``so imposed''. (2) Kerosene used in aviation.--Paragraph (4) of section 6427(l) of such Code is amended-- (A) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B), and (B) by amending subparagraph (B), as redesignated by subparagraph (A), to read as follows: ``(B) Payments to ultimate, registered vendor.-- With respect to any kerosene used in aviation (other than kerosene to which paragraph (6) applies), if the ultimate purchaser of such kerosene waives (at such time and in such form and manner as the Secretary shall prescribe) the right to payment under paragraph (1) and assigns such right to the ultimate vendor, then the Secretary shall pay (without interest) the amount which would be paid under paragraph (1) to such ultimate vendor, but only if such ultimate vendor-- ``(i) is registered under section 4101, and ``(ii) meets the requirements of subparagraph (A), (B), or (D) of section 6416(a)(1).''. (3) Aviation-grade kerosene not used in aviation.-- Subsection (l) of section 6427 of such Code is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Refunds for aviation-grade kerosene not used in aviation.--If tax has been imposed under section 4081 at the rate specified in section 4081(a)(2)(A)(iv) and the fuel is used other than in an aircraft, the Secretary shall pay (without interest) to the ultimate purchaser of such fuel an amount equal to the amount of tax imposed on such fuel reduced by the amount of tax that would be imposed under section 4041 if no tax under section 4081 had been imposed.''. (4) Conforming amendments.-- (A) Section 6427(i)(4) of such Code is amended-- (i) by striking ``(4)(C)'' the first two places it occurs and inserting ``(4)(B)'', and (ii) by striking ``, (l)(4)(C)(ii), and'' and inserting ``and''. (B) Section 4082(d)(2)(B) of such Code is amended by striking ``6427(l)(5)(B)'' and inserting ``6427(l)(6)(B)''. (f) Airport and Airway Trust Fund.-- (1) Extension of trust fund authorities.-- (A) Expenditures from trust fund.--Paragraph (1) of section 9502(d) of such Code is amended-- (i) in the matter preceding subparagraph (A) by striking ``October 1, 2007'' and inserting ``October 1, 2011'', and (ii) in subparagraph (A) by inserting ``or the FAA Reauthorization Act of 2007'' before the semicolon at the end. (B) Limitation on transfers to trust fund.-- Paragraph (2) of section 9502(f) of such Code is amended by striking ``October 1, 2007'' and inserting ``October 1, 2011''. (2) Transfers to trust fund.--Subparagraph (C) of section 9502(b)(1) of such Code is amended to read as follows: ``(C) section 4081 with respect to aviation gasoline and aviation-grade kerosene, and''. (3) Transfers on account of certain refunds.-- (A) In general.--Subsection (d) of section 9502 of such Code is amended-- (i) in paragraph (2) by striking ``(other than subsection (l)(4) thereof)'', and (ii) in paragraph (3) by striking ``(other than payments made by reason of paragraph (4) of section 6427(l))''. (B) Conforming amendments.-- (i) Section 9503(b)(4) of such Code is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting a comma, and by inserting after subparagraph (D) the following: ``(E) section 4081 to the extent attributable to the rate specified in clause (ii) or (iv) of section 4081(a)(2)(A), or ``(F) section 4041(c).''. (ii) Section 9503(c) of such Code is amended by striking the last paragraph (relating to transfers from the Trust Fund for certain aviation fuel taxes). (iii) Section 9502(a) of such Code is amended by striking ``, section 9503(c)(7),''. (4) Transfers on account of aviation-grade kerosene not used in aviation.--Section 9502(d) of such Code is amended by adding at the end the following new paragraph: ``(7) Transfers from airport and airway trust fund on account of aviation-grade kerosene not used in aviation.--The Secretary of the Treasury shall pay from time to time from the Airport and Airway Trust Fund into the Highway Trust Fund amounts as determined by the Secretary of the Treasury equivalent to amounts transferred to the Airport and Airway Trust Fund with respect to aviation-grade kerosene not used in aviation.''. (5) Expenditures for air traffic control modernization.-- Section 9502(d) of such Code, as amended by this Act, is amended by adding at the end the following new paragraph: ``(8) Expenditures for air traffic control modernization.-- The following amounts may be used only for making expenditures to carry out air traffic control modernization: ``(A) So much of the amounts appropriated under subsection (b)(1)(C) as the Secretary estimates are attributable to-- ``(i) 14.1 cents per gallon of the tax imposed at the rate specified in section 4081(a)(2)(A)(iv) in the case of aviation-grade kerosene used other than in commercial aviation (as defined in section 4083(b)), and ``(ii) 4.8 cents per gallon of the tax imposed at the rate specified in section 4081(a)(2)(A)(ii) in the case of aviation gasoline used other than in commercial aviation (as so defined). ``(B) Any amounts credited to the Airport and Airway Trust Fund under section 9602(b) with respect to amounts described in this paragraph.''. (g) Effective Date.-- (1) Modifications.--Except as provided in paragraph (2), the amendments made by this section shall apply to fuels removed, entered, or sold after December 31, 2007. (2) Extensions.--The amendments made by subsections (b) and (f)(1) shall take effect on the date of the enactment of this Act. (h) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of aviation fuel which is held on January 1, 2008, by any person, there is hereby imposed a floor stocks tax on aviation fuel equal to-- (A) the tax which would have been imposed before such date on such fuel had the amendments made by this section been in effect at all times before such date, reduced by (B) the sum of-- (i) the tax imposed before such date on such fuel under section 4081 of the Internal Revenue Code of 1986, as in effect on such date, and (ii) in the case of kerosene held exclusively for such person's own use, the amount which such person would (but for this clause) reasonably expect (as of such date) to be paid as a refund under section 6427(l) of such Code with respect to such kerosene. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding aviation fuel on January 1, 2008, shall be liable for such tax. (B) Time and method of payment.--The tax imposed by paragraph (1) shall be paid on April 30, 2008, and in such manner as the Secretary of the Treasury shall prescribe. (3) Transfer of floor stock tax revenues to trust funds.-- For purposes of determining the amount transferred to the Airport and Airway Trust Fund, the tax imposed by this subsection shall be treated as imposed by the provision of section 4081 of the Internal Revenue Code of 1986 which applies with respect to the aviation fuel involved. (4) Definitions.--For purposes of this subsection-- (A) Aviation fuel.--The term ``aviation fuel'' means aviation-grade kerosene and aviation gasoline, as such terms are used within the meaning of section 4081 of the Internal Revenue Code of 1986. (B) Held by a person.--Aviation fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (C) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (5) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to any aviation fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable under the Internal Revenue Code of 1986 for such use. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on any aviation fuel held on January 1, 2008, by any person if the aggregate amount of such aviation fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account any aviation fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (6). (C) Controlled groups.--For purposes of this subsection-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. (7) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code on the aviation fuel involved shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section.

Airport and Airway Trust Fund Financing Act of 2007 - Amends the Internal Revenue Code to (1) impose an excise tax on aviation-grade kerosene of 35.9 cents per gallon (4.3 cents per gallon for commercial aviation uses); (2) increase to 24.1 cents per gallon the tax rate for aviation gasoline; and (3) extend through FY2011 the excise tax on the transportation by air of persons and property and the excise tax on aviation gasoline and aviation-grade kerosene. Extends through FY2011 the expenditure authority for the Airport and Airway Trust Fund. Dedicates revenues from the taxes imposed on aviation gasoline and aviation-grade kerosene to carry out air traffic control modernization.

To amend the Internal Revenue Code of 1986 to extend financing for the Airport and Airway Trust Fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens Right to Know Act of 2010''. SEC. 2. NOTIFICATION TO SHAREHOLDERS OF ELECTIONEERING COMMUNICATIONS. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 17B the following: ``SEC. 17C. NOTIFICATION TO SHAREHOLDERS OF ELECTIONEERING COMMUNICATIONS. ``(a) Disclosures to Shareholders.--Each issuer, the securities of which are registered under section 12, or that is subject to the reporting requirements of section 13(a) or 15(d), that makes or participates in an electioneering communication shall disclose such activity, in writing, to each shareholder of the issuer. ``(b) Definition.--As used in this section, the term `electioneering communication' has the same meaning as in section 304(f)(3)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(3)(A)).''. SEC. 3. PRIOR SHAREHOLDER APPROVAL OF ELECTIONEERING COMMUNICATIONS. Section 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at the end the following new subsection: ``(i) Limitations on Electioneering Communications.-- ``(1) Prohibition on foreign-owned issuers.-- Notwithstanding any other provision of law, no issuer may make or participate in any electioneering communication if 51 percent or more of the outstanding securities of such issuer are owned or controlled by any foreign principal or agent of a foreign principal. ``(2) Prior shareholder approval required.--Before an issuer makes or participates in any electioneering communication, as defined in section 304(f)(3)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(3)(A)), the issuer shall obtain prior approval, by majority vote of all shareholders, for any such activity. Such vote shall be taken with each shareholder entitled to one vote per share of common stock held, regardless of any per-share voting rights of an outstanding class or classes of common stock under any other agreement or provision to the contrary. ``(3) Definitions.--As used in this subsection-- ``(A) the term `electioneering communication' has the same meaning as in section 304(f)(3)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(3)(A)); ``(B) the terms `foreign principal' and `agent of a foreign principal' have the same meanings as in section 611 of the Foreign Agents Registration Act of 1938 (11 U.S.C. 611); and ``(C) the term `issuer' means only those issuers, the securities of which are registered under section 12, or that are subject to the reporting requirements of section 13(a) or 15(d).''. SEC. 4. STAND BY YOUR AD REQUIREMENTS. (a) Rules for Corporations.--Paragraph (2) of section 318(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)) is amended-- (1) by striking ``Any communication'' and inserting the following: ``(A) In general.--Any communication''; and (2) by adding at the end the following new subparagraph: ``(B) Special rule for communications by corporations.-- ``(i) In general.--In the case of any communication described in subparagraph (A) which is paid for by a corporation-- ``(I) the audio statement required under this paragraph shall be made by the president or chief executive officer of such corporation and shall identify such individual by name and position; and ``(II) for purposes of the second sentence of subparagraph (A), the view of the person making the statement shall be a view of such president or chief executive officer. ``(ii) Joint communications.--In the case of any communication described in subparagraph (A) which is paid for by more than 1 corporation, the president or chief executive officer described in clause (i) shall be the president or chief executive officer of the corporation which pays for the largest portion of the communication (or, if paid for equally by all such corporations, the president or chief executive officer of the corporation with the highest gross revenue for the calendar year prior to the date on which such communication is made).''. (b) Rules for Other Entities.-- (1) In general.--Paragraph (2) of section 318(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)), as amended by subsection (a), is amended by adding at the end the following new subparagraph: ``(C) Special rules for certain other organizations.--In the case of any communication described in paragraph (A) which is paid for by an organization (other than a corporation), such communication shall include, in addition to the other requirements of this section, a statement listing the name of the 3 persons making the largest aggregate contributions to such organization during the 12-month period before the date of the communication.''. (2) Reporting of contributors on internet.--Section 304 of such Act (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(j) Internet Disclosure of Contributors for Certain Radio and Television Ads.--In addition to any reports required to be filed with the Commission under this section, any organization (other than a corporation) which makes a communication to which section 318(d)(2)(C) applies shall make available on the Internet, by means of a direct link from the home page of such organization, the following information: ``(1) In the case of any such communication made by a political committee, the information required under subsection (b)(3). ``(2) In the case of any communication which is an independent expenditure and which is made by a person other than a political committee, the information required under subsection (c)(2)(C). ``(3) In the case of any communication which is an electioneering communication and which is made by a person other than a political committee, the information required under subsection (f)(2)(F).''. (c) Effective Date.--The amendments made by this section shall apply with respect to communications made after the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.

Citizens Right to Know Act of 2010 - Amends the Securities Exchange Act of 1934 to require issuers of securities to disclose to their shareholders electioneering communications they have made or in which they have participated. Prohibits an issuer from making or participating in any electioneering communication if 51% or more of its outstanding securities are owned or controlled by a foreign principal or agent of a foreign principal. Requires an issuer to obtain prior approval by majority vote of all shareholders before making or participating in any electioneering communication. Amends the Federal Election Campaign Act of 1971 to require that: (1) audio and television communications be made by the president or chief executive officer of the corporation paying for such communications; and (2) they identify the individual by name and position. Requires a communication paid for by an organization other than a corporation to include a statement listing the names of the three persons making the largest aggregate contributions to the organization during the 12-month period before the date of the communication. Sets forth Internet disclosure requirements for contributors to certain radio and television ads that are electioneering communications.

A bill to require notification to and prior approval by shareholders of certain political expenditures by publicly traded companies, and for other purposes.

SECTION 1. RECOGNITION OF ACCREDITING AGENCIES AND ASSOCIATIONS. (a) Due Process.--Paragraph (6) of section 496(a) of the Higher Education Act of 1965 (20 U.S.C. 1099b(a)) is amended to read as follows: ``(6) such agency or association shall apply procedures throughout the accrediting process, including evaluation, interim sanction, and withdrawal or termination of accreditation proceedings, that comply with due process, including the right to-- ``(A) adequate specification of the agency's accrediting requirements; ``(B) written notice of deficiencies at the institution of higher education or program being examined and a reasonable time period, expressly set forth in the notice, to correct the deficiencies; ``(C) advance notice of and an opportunity for a hearing by any such institution before the agency's decision making body prior to the agency's final consideration of imposition of an adverse action; ``(D) appeal any adverse action by the agency against any such institution to an independent and impartial arbitration panel appointed jointly by the agency and the institution and conducted at the location of the institution; ``(E) appeal, at a minimum, the adequacy of the evidence supporting the adverse action decision, the adequacy of the agency's compliance with its own policies and procedures, and the extent to which the decision of the agency was tainted by bias or prejudice of any agent or official of the agency; ``(F) representation by counsel for any such institution; ``(G) an arbitration panel decision that may affirm or reverse, but not modify, the decision appealed by the institution; and ``(H) an allocation of the costs of the appeal that requires the agency and institution to each bear its own attorney, witness, and other costs of presentation of its case at the arbitration hearing and shifts the cost of the arbitration panel and any court reporter to the losing party; except that the Secretary may issue regulations to further define due process requirements as needed to protect accredited institutions, but may not by regulation reduce due process requirements available to accredited institutions, whether the due process is required under this paragraph or another provision of law or regulation;''. (b) Additional Criteria.--Section 496(a) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(9) if an agency or association conducts an assessment of an institution's governing board-- ``(A) such assessment shall consistently apply the accreditation standard, to the greatest extent possible, to any State-appointed receiver, special trustee, or similar interim governing authority, until such time as governing authority is returned to the regular governing board; and ``(B) such agency or association shall not terminate accreditation solely on the ground that the institution is under interim management of a State- appointed receiver, special trustee, or similar governing authority unless the agency or association determines that there are other deficiencies at the institution that provide grounds for termination, and that, after providing due process required by this section, the interim governing authority has not corrected such deficiencies within a reasonable period of time; and ``(10) such agency or association, and any officer or subdivision of such agency or association that makes accreditation recommendations to its decision-making board, shall conduct meetings open to public observation and comment and shall, at least 7 days before the time of any such meeting, post and distribute its meeting agenda electronically and otherwise to the public, and, for purposes of this paragraph-- ``(A) the term `meetings' includes all meetings, hearings, appeals, deliberations, and votes on accreditation matters regarding any educational institution or on accrediting standards, policies, or procedures; and ``(B) the Secretary shall issue regulations to implement this paragraph.''. (c) Recognition of State Accrediting Agencies.--Section 496(a)(3)(B) (20 U.S.C. 1099b(a)(3)(B)) is amended by striking ``on or before October 1, 1991''.

Amends the Higher Education Act of 1965 to revise due process standards governing the accreditation process of educational institutions. Requires accrediting agencies and associations to provide educational institutions with: (1) written notice of deficiencies and a reasonable time period to correct such deficiencies; (2) advance notice of any adverse action and an opportunity for a hearing; and (3) a right to appeal an adverse action to an independent and impartial arbitration panel. Requires accrediting agencies and associations to: (1) ensure consistent application of accreditation standards to an educational institution's governing board in receivership; and (2) allow public access to meetings involving accreditation recommendations. Authorizes the Secretary of Education to issue regulations to further define due process requirements for the accreditation process.

To amend the Higher Education Act of 1965 to require accrediting agencies and associations to comply with due process throughout the accreditation process, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Amendments Act of 1994''. SEC. 2. AMENDMENTS TO THE JUDICIARY AUTOMATION FUND. Section 612 of title 28, United States Code, is amended-- (1) in subsection (a)-- (A) in the second sentence by inserting after ``equipment for'' the following: ``program activities included in the courts of appeals, district courts, and other judicial services account of''; and (B) in the third sentence by striking out all after ``personal services'' and inserting in lieu thereof ``, support personnel in the courts and in the Administrative Office of the United States Courts, and other costs, for the effective management, coordination, operation, and use of automatic data processing equipment purchased by the Fund. In addition, all agencies of the judiciary may make deposits into the Fund to meet their automatic data processing needs in accordance with subsections (b) and (c)(2).''; (2) in subsection (b)(1) by striking out ``judicial branch'' and inserting in lieu thereof ``activities funded under subsection (a) and shall include an annual estimate of any fees that may be collected under section 404 of the Judiciary Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2133)''; (3) in subsection (b)(2) by striking out ``judicial branch of the United States'' and inserting in lieu thereof ``activities funded under subsection (a)''; (4) in subsection (c)(1)(A), by inserting after ``surplus property'' the following: ``, all fees collected after the date of the enactment of the Judicial Amendments Act of 1994 by the judiciary under section 404 of the Judiciary Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2133)''; (5) in subsection (e)(1)-- (A) by striking out ``(A)''; and (B) by striking out ``$75,000,000'' and inserting in lieu thereof ``amounts estimated to be collected under subsection (c) for that fiscal year''; (6) in subsection (h) by amending the subsection to read as follows: ``(h) Annual Report.-- ``(1) In general.--The Director shall submit to the Congress an annual report on the operation of the Fund, including on the inventory, use, and acquisition of automatic data processing equipment from the Fund and the consistency of such acquisition with the plan prepared under subsection (b). The report shall set forth the amounts deposited into the Fund under subsection (c). ``(2) Additional contents of report.--The annual report submitted under this subsection shall include-- ``(A) the specific actions taken and the progress made to improve the plan developed under subsection (b) and the long range automation plan and strategic business plan developed under subsection (k); and ``(B) a comparison of planned Fund expenditures and accomplishments with actual Fund expenditures and accomplishments, and the reasons for any delays in scheduled systems development, or budget overruns. ``(3) Report in year of termination of authority.--The annual report submitted under this subsection for any year in which the authority for this section is to terminate under subsection (m), shall be submitted no later than 9 months before the date of such termination.''; (7) in subsection (i) by striking out all after ``Judicial Conference of the United States,'' and inserting in lieu thereof ``may transfer amounts up to $1,000,000 from the Fund into the account to which the funds were originally appropriated. Any amounts transferred from the Fund in excess of $1,000,000 in any fiscal year may only be transferred by following reprogramming procedures in compliance with section 606 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2227).''; (8) in subsection (j) in the second sentence by inserting ``in statute'' after ``not specified''; (9) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively, and by inserting after subsection (j) the following new subsection: ``(k) Long Range Management and Business Plans.--The Director of the Administrative Office of the United States Court shall-- ``(1) develop an overall strategic business plan which would identify the judiciary's missions, goals, and objectives; ``(2) develop a long range automation plan based on the strategic business plan and user needs assessments; ``(3) establish effective Administrative Office oversight of court automation efforts to ensure the effective operation of existing systems and control over developments of future systems; ``(4) expedite efforts to complete the development and implementation of life cycle management standards; ``(5) utilize the standards in developing the next generation of case management and financial systems; and ``(6) assess the current utilization and future user requirements of the data communications network.''; and (10) in subsection (m) (as redesignated under paragraph (9)) of this section-- (A) in the first sentence by striking out ``1994'', and inserting in lieu thereof, ``1997''; and (B) in the second sentence by striking out ```Judicial Services Account''' and inserting in lieu thereof ``fund established under section 1931 of this title''. SEC. 3. COURT ARBITRATION AUTHORIZATION. (a) Authorization of Appropriations.--Section 905 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 651 note) is amended-- (1) in the first sentence by striking out ``for the fiscal year ending September 30, 1989, and for each of the succeeding 7 fiscal years,'' and inserting in lieu thereof ``for each of the fiscal years 1994 through 1997''; and (2) in the third sentence by striking out all beginning with ``, except that'' through ``this Act''. (b) Removal of Repealer.--Section 906 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 651 note), and the item relating to such section in the table of contents contained in section 3 of such Act, are repealed. SEC. 4. EXTENSION OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PILOT PROGRAMS. Section 105 of the Civil Justice Reform Act of 1990 (28 U.S.C. 471 note; 104 Stat. 5097) is amended-- (1) in subsection (a)(1) by striking out ``4-year period'' and inserting in lieu thereof ``5-year period''; (2) in subsection (b)(3)-- (A) in the first sentence by striking out ``3 years'' and inserting in lieu thereof ``4 years''; and (B) in the second sentence by striking out ``3-year period'' and inserting in lieu thereof ``4-year period''; and (3) in subsection (c)(1) by striking out ``December 31, 1995,'' and inserting in lieu thereof ``December 31, 1996,''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Judicial Amendments Act of 1994 - Amends the Federal judicial code to make moneys in the Judiciary Automation Fund available to the Director of the Administrative Office of the United States Courts for: (1) the procurement of automatic data processing equipment (equipment) for program activities included in the courts of appeals, district courts, and other judicial services account of the judicial branch; and (2) support personnel in the courts and in the Administrative Office. Authorizes all agencies of the judiciary to make deposits into the Fund. Requires the Director to develop and annually revise a long range plan for meeting the equipment needs of the activities funded, including an annual estimate of certain fees that may be collected under the Judiciary Appropriations Act, 1991. Provides for the deposit into the Fund of such fees. Requires the Director's annual report to the Congress on the operation of the Fund to include: (1) the specific actions taken and progress made to improve the plan developed, the long range automation plan, and the strategic business plan; and (2) a comparison of planned and actual Fund expenditures and accomplishments and reasons for any delays in scheduled systems development or budget overruns. Authorizes the Director to transfer amounts up to $1 million from the Fund into the account to which the Funds were originally appropriated, with amounts in excess of that sum in any fiscal year permitted to be transferred only by following specified reprogramming procedures. Requires the Director to: (1) develop an overall strategic business plan which would identify the judiciary's missions, goals, and objectives, and a long range automation plan based on the strategic business plan and user needs assessments; (2) establish effective Administrative Office oversight of court automation efforts; (3) expedited efforts to complete the development and implementation of life cycle management standards; (4) utilize the standards in developing the next generation of case management and financial systems; and (5) assess the current utilization and future user requirements of the data communications network. Amends: (1) the Judicial Improvements and Access to Justice Act to authorize appropriations for court arbitration; and (2) the Civil Justice Reform Act of 1990 to extend civil justice expense and delay reduction pilot programs.

Judicial Amendments Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Rights and Labor Standards Trade Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) International trade, when fair and open, can serve as an important factor in the economic well-being of nations; but the maintenance of a fair and open world trading system requires the enhancement and active enforcement of national and international trade agreements and laws by all trading nations. (2) As the productivity of our trading partners that are developing countries has risen, the ability of many of these countries to export goods cheaply to the United States has been based, in part, upon the violation of internationally recognized worker rights. (3) The exploitation of workers is an unacceptable means for any country, whether developed or developing, or industry to gain competitive advantage in international trade. (4) Exports to the United States from countries which fail to respect internationally recognized worker rights undermine living and working standards in both those countries as well as the United States, because international corporations can play workers in one country off against those in another with respect to wages and work standards in order to minimize costs. (5) At various times in the 20th century, international agreements and United States policy have explicitly stated that fundamental worker rights and fair labor standards are necessary to the workings of a fair international trading system. (6) The United States and over 160 other member nations of the International Labor Organization are legally obligated to ``endeavor to secure and maintain fair and humane conditions of labor for men, women, and children, both in their own countries and in all countries to which their commercial and industrial nations extend''. (7) For decades, United States trade negotiators, whether serving in Democratic or Republican administrations, have initiated discussions to no avail with ranking officials of the GATT and the International Labor Organization concerning the demonstrable relationship of fundamental worker rights and fair labor standards to prior rounds of multilateral trade negotiations. (8) The right of all workers to certain fundamental rights is affirmed in the following international agreements to which the United States is a party: (A) The United Nations Charter, which states in Article 55 that ``the United Nations shall promote higher standards of living, full employment, and conditions of economic and social progress and development,''. (B) The United Nations Universal Declaration of Human Rights, which states in Article 23 that ``Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment . . . `and that' Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity.''. (C) The United Nations International Covenant on Civil and Political Rights, which states in Article 8 that ``No one shall be required to perform forced or compulsory labor.''. (D) The Revised Charter of the Organization of American States, which states in Article 31 that ``Member States agree to dedicate every effort to achieve the following basic goals . . . Fair wages, employment opportunities, and acceptable working conditions for all.''. (E) The General Agreement on Tariffs and Trade which-- (i) provides in the preamble that relations among countries ``in the field of trade and economic endeavor should be conducted with a view to raising standards of living and ensuring full employment,''; (ii) allows, under Article XX, any country to take action against products of prison labor; and (iii) incorporates by reference Article 7 of Chapter II of the Havana Charter which states that ``the members recognize that measures relating to employment must take fully into account the rights of workers under intergovernmental declarations, conventions, and agreements. The members recognize that all countries have a common interest in the achievement and maintenance of fair labor standards related to productivity, and thus in the improvement of wages and working conditions as productivity may permit. The members recognize that unfair labor conditions, particularly in production for export, create difficulties in international trade, and accordingly, each member shall take whatever action may be appropriate and feasible to eliminate such conditions within its territory.''. (9) The adherence of the United States to the principles referred to in paragraph (5) is reflected in-- (A) the provisions of the Tariff Act of 1930 that prohibit the importation of goods produced by forced labor, (B) the provisions of title V of the Trade Act of 1974 (relating to the Generalized System of Preferences) that-- (i) define internationally recognized worker rights as the right to association, the right to organize and bargain collectively, the prohibition of the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; and (ii) prohibit the extension of trade preferences to any developing country that ``has not or is not taking steps to afford internationally recognized worker rights to its workers''; and (C) the provisions of section 231A of the Foreign Assistance Act of 1961, which allow the Overseas Private Investment Corporation to insure, reinsure, guarantee, or finance a project only if the country in which the project is to be undertaken ``is taking steps to adopt and implement laws that extend internationally recognized worker rights . . . to workers in that country.''. (10) Little, if any, progress has been made ``to adopt, as a principle of the GATT, that the denial of worker rights should not be a means for a country or its industries to gain competitive advantage in international trade'', pursuant to section 1101(b)(14) of the Omnibus Trade and Competitiveness Act of 1988. SEC. 3. ESTABLISHMENT OF WORKING PARTY ON WORKER RIGHTS. (a) Action by the President.--The President shall seek the establishment in the GATT of a working party to examine the relationship of fundamental internationally recognized worker rights to the articles, objectives, and related instruments of the GATT, particularly the preamble, Article XXIX, and Article XX. (b) Objectives of Working Group.--The objectives of the working group described in subsection (a) would be to-- (1) explore ways in which to link the conduct of international trade to respect for fundamental internationally recognized worker rights; (2) examine the economic impact of competition that is based upon trade distortions that are attributable to the systematic denial of fundamental internationally recognized worker rights; (3) consider and develop information on the incidence and effects of systematic, trade-distorting worker rights practices and ways to address such practices; and (4) establish that it is unjustifiable for any country or any of its industries to seek to gain competitive advantage in international trade through the systematic denial of fundamental internationally recognized worker rights. SEC. 4. ESTABLISHMENT OF STANDING COMMITTEE ON WORKER RIGHTS WITHIN THE WORLD TRADE ORGANIZATION. The President shall seek the establishment in the World Trade Organization, when such organization becomes effective, a standing committee to carry out the functions of the working group described in section 3. SEC. 5. DEFINITIONS. As used in this Act: (1) The term ``fundamental internationally recognized worker rights'' means ``internationally recognized worker rights'' as defined in section 502(a)(4) of the Trade Act of 1974. (2) GATT.--The term ``GATT'' means the General Agreement on Tariffs and Trade.

Worker Rights and Labor Standards Trade Act of 1994 - Directs the President to seek the establishment of: (1) a working party within the General Agreement on Tariffs and Trade (GATT) to examine the relationship of fundamental internationally-recognized worker rights to specified articles of the GATT; and (2) a standing committee within the World Trade Organization to perform the functions of the working group.

Worker Rights and Labor Standards Trade Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Products Inspection Amendments of 1994''. SEC. 2. FEDERAL AND STATE COOPERATION UNDER THE FEDERAL MEAT INSPECTION ACT. (a) Removal of Intrastate Distribution Limitation.--Section 301(a)(1) of the Federal Meat Inspection Act (21 U.S.C. 661(a)(1)) is amended by striking ``solely for distribution within such State''. (b) Use of State Inspectors.--Section 301(a) of such Act (21 U.S.C. 661(a)) is amended by adding at the end the following new paragraph: ``(5) In addition to appointing inspectors under section 21, the Secretary may enter into an agreement with a State or the District of Columbia to utilize an officer or employee of the State or the District of Columbia to conduct any examination, investigation, or inspection authorized under this Act, if the Secretary determines that it is practicable for the examination, investigation, or inspection to be so conducted.''. (c) Termination of Designation of State as Subject to Federal Inspection for Intrastate Distribution.--Section 301(c)(3) of such Act (21 U.S.C. 661(c)(3)) is amended by striking ``, with respect to the operations and transactions within such State which are regulated under subparagraph (1), he'' and inserting ``with respect to each establishment within the jurisdiction of the State that does not operate under Federal inspection under title I and at which any cattle, sheep, swine, goat, or equine is slaughtered, or the carcass of the animal, or a part or product of the carcass of the animal, is prepared, for use as human food, and with respect to the distribution of each carcass, part of a carcass, meat, or meat food product of the animal within the State, the Secretary''. (d) Expansion of State Inspection Authority.--Section 301 of such Act (21 U.S.C. 661) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) Except as provided in paragraph (2), a carcass, part of a carcass, meat, or meat food product of a cattle, sheep, swine, goat, or equine prepared under State inspection in a State (other than a State designated under subsection (c)) in compliance with the meat inspection law of the State shall be eligible for sale or transportation in interstate commerce, and for entry into and use in the preparation of a product in an establishment at which Federal inspection is maintained under title I, in the same manner and to the same extent as a product prepared at the establishment. ``(2) A State-inspected article described in paragraph (1), and a federally inspected article prepared (in whole or in part) from the State-inspected article-- ``(A) shall not be eligible for sale or transportation in foreign commerce; and ``(B) shall be separated at all times from all other federally inspected articles in a federally inspected establishment that engages in the preparation, sale, or transportation of carcasses, parts of carcasses, meat, or meat food products, for foreign commerce. ``(3) Each carcass, part of a carcass, meat, or meat food product that is inspected in a program of inspection in a State (other than a State designated under subsection (c)) pursuant to State law shall be identified as so inspected only by an official mark that identifies the State and is of such design as the State shall prescribe. A federally inspected article prepared (in whole or in part) from the State- inspected article shall be identified as so inspected only by the same official mark as is prescribed by the Secretary for an article slaughtered or prepared under title I. ``(4) Except as provided in paragraph (5), the operator of an establishment operated under Federal or State inspection who wishes to transfer to State or Federal inspection, as the case may be, may do so only as of October 1 of any year. The transfer shall occur only if-- ``(A) the operator provides written notice of the intention to transfer to both inspection agencies at least 180 days in advance of the date referred to in the preceding sentence; and ``(B) the Secretary determines that the transfer will effectuate the purposes set forth in section 2 and will not adversely affect the stability of the total State and Federal inspection systems. ``(5) The Secretary may permit the operator of an establishment to transfer from State to Federal inspection at any time if the operator presents clear and convincing evidence to the Secretary that the establishment intends to, and will be able to, engage in foreign commerce to a substantial extent in a manner that would require Federal inspection. ``(6) As used in this subsection, the term `interstate commerce' means commerce between States or between a State and the District of Columbia.''. (e) Prohibition on Additional or Different State Requirements.-- Section 408 of such Act (21 U.S.C. 678) is amended to read as follows: ``SEC. 408. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS. ``(a) Requirements Relating to Establishments.-- ``(1) In general.--Except as provided in paragraph (2), a State or Territory or the District of Columbia may not impose a requirement within the scope of this Act with respect to the premises, facility, or operation of an establishment at which inspection is provided under title I that is in addition to, or different than, a requirement under this Act. ``(2) Recordkeeping requirements.--A State or Territory or the District of Columbia may impose a recordkeeping or other requirement within the scope of section 202, if the requirement is consistent with such section, with respect to an establishment. ``(b) Requirements Relating to Marking, Labeling, Packaging, and Ingredients.-- ``(1) In general.--Except as provided in paragraph (2), a State or Territory or the District of Columbia may not impose a marking, labeling, packaging, or ingredient requirement that is in addition to, or different than, a requirement under this Act with respect to an article prepared at an establishment under Federal inspection in accordance with title I or with respect to an article prepared for commerce at a State-inspected establishment in accordance with section 301(d). ``(2) Concurrent jurisdiction.--A State or territory or the District of Columbia may, consistent with this Act, exercise concurrent jurisdiction with the Secretary over an article distributed in commerce or otherwise subject to this Act, for the purpose of preventing the distribution for use as human food of an article that is not in compliance with this Act and is outside of a federally or State-inspected establishment, or in the case of an imported article, that is not at such an establishment, after the entry of the article into the United States. ``(c) Effect on Other Laws.--This Act shall not preclude a State or Territory or the District of Columbia from imposing a requirement or taking any other action, consistent with this Act, with respect to an area regulated under this Act that is not referred to in this section.''. SEC. 3. FEDERAL AND STATE COOPERATION UNDER THE POULTRY PRODUCTS INSPECTION ACT. (a) Removal of Intrastate Distribution Limitation.--Section 5(a)(1) of the Poultry Products Inspection Act (21 U.S.C. 454(a)(1)) is amended by striking ``solely for distribution within such State''. (b) Use of State Inspectors.--Section 5(a) of such Act (21 U.S.C. 454(a)) is amended by adding at the end the following new paragraph: ``(5) The Secretary may enter into an agreement with a State or the District of Columbia to utilize an officer or employee of the State or the District of Columbia to conduct any examination, investigation, or inspection authorized under this Act, if the Secretary determines that it is practicable for the examination, investigation, or inspection to be so conducted.''. (c) Termination of Designation of State as Subject to Federal Inspection for Intrastate Distribution.--Section 5(c)(3) of such Act (21 U.S.C. 454(c)(3)) is amended by striking ``, with respect to the operations and transactions within such State which are regulated under subparagraph (1) of this paragraph (c), he'' and inserting ``with respect to each establishment within the jurisdiction of the State that does not operate under Federal inspection under this Act and at which any poultry is slaughtered, or any poultry product is processed, for use as human food, and with respect to the distribution of each poultry product within the State, the Secretary''. (d) Expansion of State Inspection Authority.--Section 5 of such Act (21 U.S.C. 454) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) Except as provided in paragraph (2), a poultry product processed under State inspection in a State (other than a State designated under subsection (c)) in compliance with the poultry products inspection law of the State shall be eligible for sale or transportation in interstate commerce, and for entry into and use in the preparation of a product in an establishment at which Federal inspection is maintained under this Act, in the same manner and to the same extent as a poultry product processed at the establishment. A poultry product that complies with the poultry product inspection laws of the State (other than a State designated under subsection (c)) in which the product was processed shall be considered to comply with this Act. ``(2) A State-inspected poultry product described in paragraph (1), and a federally inspected poultry product processed (in whole or in part) from the State-inspected poultry product-- ``(A) shall not be eligible for sale or transportation in foreign commerce; and ``(B) shall be separated at all times from all other federally inspected poultry products in a federally inspected establishment that engages in the processing, sale, or transportation of poultry products for foreign commerce. ``(3) A poultry product that is inspected in a program of inspection in a State (other than a State designated under subsection (c)) pursuant to State law shall be identified as so inspected only by an official mark that identifies the State and is of such design as the State shall prescribe. A federally inspected poultry product processed (in whole or in part) from a State-inspected poultry product shall be identified as so inspected only by the same official mark as is prescribed by the Secretary for a poultry product processed under this Act (other than this section or section 11). ``(4) Except as provided in paragraph (5), the operator of an establishment operated under Federal or State inspection who wishes to transfer to State or Federal inspection, as the case may be, may do so only as of October 1 of any year. The transfer shall occur only if-- ``(A) the operator provides written notice of the intention to transfer to both inspection agencies at least 180 days in advance of the date referred to in the preceding sentence; and ``(B) the Secretary determines that the transfer will effectuate the legislative policy set forth in section 3 and will not adversely affect the stability of the total Federal and State inspection systems. ``(5) The Secretary may permit the operator of an establishment to transfer from State to Federal inspection at any time if the operator presents clear and convincing evidence to the Secretary that the establishment intends to, and will be able to, engage in foreign commerce to a substantial extent in a manner that would require Federal inspection. ``(6) As used in this subsection, the term `interstate commerce' means commerce between States or between a State and the District of Columbia.''. (e) Prohibition on Additional or Different State Requirements.-- Section 23 of such Act (21 U.S.C. 467e) is amended to read as follows: ``SEC. 23. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS. ``(a) Requirements Relating to Establishments.-- ``(1) In general.--Except as provided in paragraph (2), a State or territory or the District of Columbia may not impose a requirement within the scope of this Act with respect to the premises, facility, or operation of an official establishment, that is in addition to, or different than, a requirement under this Act. ``(2) Recordkeeping requirements.--A State or territory or the District of Columbia may impose a recordkeeping or other requirement within the scope of section 11(b), if the requirement is consistent with such section, with respect to an establishment. ``(b) Requirements Relating to Marking, Labeling, Packaging, and Ingredients.-- ``(1) In general.--A State or territory or the District of Columbia may not impose-- ``(A) except as provided in paragraph (2), a marking, labeling, packaging, or ingredient requirement that is in addition to, or different than, a requirement under this Act with respect to an article prepared at an establishment under Federal inspection in accordance with this Act or with respect to an article prepared for commerce at a State-inspected establishment in accordance with section 5(d); or ``(B) any other storage or handling requirement found by the Secretary to unduly interfere with the free flow of any poultry product in commerce. ``(2) Concurrent jurisdiction.--A State or territory or the District of Columbia may, consistent with this Act, exercise concurrent jurisdiction with the Secretary over an article distributed in commerce or otherwise subject to this Act, for the purpose of preventing the distribution for use as human food of any article that is not in compliance with this Act and is outside of a federally or State-inspected establishment, or in the case of an imported article, that is not at such an establishment, after the entry of the article into the United States. ``(c) Effect on Other Laws.--This Act shall not preclude a State or territory or the District of Columbia from imposing a requirement or taking any other action, consistent with this Act, with respect to an area regulated under this Act that is not referred to in this section.''.

Meat and Poultry Products Inspection Amendments of 1994 - Amends the Federal Meat Inspection Act to: (1) permit State inspected meat and meat products to be sold or transported in interstate commerce; (2) permit the Secretary of Agriculture to use State inspectors; (3) permit State inspected meat products to be used in the preparation of products processed in federally inspected facilities; and (4) prohibit the imposition of additional or different State facilities or marketing and labeling requirements than apply under such Act. Amends the Poultry Products Inspection Act to make similar amendments for poultry and poultry products.

Meat and Poultry Products Inspection Amendments of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Entrepreneur-in-Residence Act of 2012''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``agency'' means an Executive agency, as defined in section 105 of title 5, United States Code; (3) the term ``Director'' means the Director of the Office of Personnel Management; (4) the term ``entrepreneur-in-residence'' means an individual appointed to a position under the program; (5) the term ``program'' means the Federal entrepreneur-in- residence program established under section 3(a); and (6) the term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. FEDERAL ENTREPRENEUR-IN-RESIDENCE PROGRAM. (a) Program Established.--The Director, in consultation with the Administrator, shall establish a Federal entrepreneur-in-residence program under which the Director, with the concurrence of the head of an agency, may appoint an entrepreneur-in-residence to a position in the excepted service in the agency to carry out the duties described in subsection (d). (b) Mission of Program.--The mission of the program shall be to-- (1) provide for better outreach by the Federal Government to the private sector; (2) strengthen coordination and interaction between the Federal Government and the private sector on issues relevant to entrepreneurs and small business concerns; and (3) make Federal programs simpler, quicker, more efficient, and more responsive to the needs of small business concerns and entrepreneurs. (c) Appointments.-- (1) In general.--The Director-- (A) shall appoint entrepreneurs-in-residence under the program during each year; and (B) may not appoint more than 10 entrepreneurs-in- residence during any year. (2) Selection.--The Director shall select entrepreneurs-in- residence from among individuals who-- (A) are successful in their field; (B) have demonstrated success in working with small business concerns and entrepreneurs; or (C) have successfully developed, invented, or created a product and brought the product to the marketplace. (3) Placement.--In appointing entrepreneurs-in-residence, the Director shall-- (A) give priority to placing entrepreneurs-in- residence across the Federal Government at separate agencies; and (B) to the extent practicable, not appoint more than 2 entrepreneurs-in-residence to positions in the same agency during the same year. (4) Terms of appointment.--An entrepreneur-in-residence-- (A) shall be a full-time employee of the agency to which the entrepreneur-in-residence is appointed; and (B) may not serve as an entrepreneur-in-residence for more than a period of 2 years. (d) Duties.--An entrepreneur-in-residence shall-- (1) assist Federal agencies in improving outreach to small business concerns and entrepreneurs; (2) provide recommendations to the head of the agency employing the entrepreneur-in-residence on inefficient or duplicative programs, if any, at the agency; (3) provide recommendations to the head of the agency employing the entrepreneur-in-residence on methods to improve program efficiency at the agency or new initiatives, if any, that may be instituted at the agency; (4) facilitate meetings and forums to educate small business concerns and entrepreneurs on programs or initiatives of the agency employing the entrepreneur-in-residence; (5) facilitate in-service sessions with employees of the agency employing the entrepreneur-in-residence on issues of concern to entrepreneurs and small business concerns; and (6) provide technical assistance or mentorship to small business concerns and entrepreneurs in accessing programs at the agency employing the entrepreneur-in-residence. (e) Compensation.-- (1) In general.--The rate of basic pay for an entrepreneur- in-residence shall be equivalent to the rate of basic pay for a position at GS-13, GS-14, or GS-15 of the General Schedule, which shall be determined in accordance with regulations promulgated by the Director. (2) Promotion.--If an entrepreneur-in-residence with a rate of pay equivalent to the rate of basic pay for a position at GS-13 or GS-14 satisfactorily completes 1 year of service in position under this section, the entrepreneur-in-residence may receive an increase in the rate of basic pay to be equal to the rate of basic pay for a position 1 grade higher on the General Schedule than the initial rate of basic pay of the entrepreneur-in-residence. (f) Reporting.--An entrepreneur-in-residence shall report directly to the head of the agency employing the entrepreneur-in-residence. (g) Termination.--The Director may not appoint an entrepreneur-in- residence under this section after September 30, 2016.

Federal Entrepreneur-in-Residence Act of 2012 - Directs the Director of the Office of Personnel Management (OPM) to establish an entrepreneur-in-residence program to appoint in-house entrepreneurs who have demonstrated success in working with small business concerns and entrepreneurs to: (1) assist federal agencies in improving outreach to small business concerns and entrepreneurs, (2) provide recommendations on inefficient or duplicative agency programs and on methods to improve agency efficiency, (3) facilitate meetings and forums to educate small business concerns and entrepreneurs on agency programs and initiatives, and (4) provide technical assistance or mentorship. Limits to 10 the number of entrepreneurs-in-residence that the Director may appoint in any year. Terminates such program after FY2016.

A bill to establish a pilot program to accelerate entrepreneurship and innovation by partnering world-class entrepreneurs with Federal agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``True Reciprocity Investment Act of 2017''. SEC. 2. CONSIDERATION OF RECIPROCITY OF FOREIGN INVESTMENT. Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) is amended by adding at the end the following: ``(o) Consideration of Reciprocity of Foreign Investment.-- ``(1) Report required.--Not later than 30 days after the date of the enactment of the True Reciprocity Investment Act of 2017, and annually thereafter, the United States Trade Representative shall, in consultation with the Secretary of Commerce and the Secretary of the Treasury, submit to the appropriate congressional committees a report assessing the extent to which the governments of foreign countries allow investments by United States persons in those countries that are similar to investments in the United States made by entities organized under the laws of those countries. ``(2) Elements.--The report required by paragraph (1) shall include, with respect to each country that is a major trading partner of the United States, the following: ``(A) A description of the laws, policies, and practices of the country with respect to foreign investment. ``(B) A comparison of such laws, policies, and practices with the laws, policies, and practices of the United States with respect to foreign investment. ``(C) An assessment of laws, policies, and practices by the government of the country that prohibit, restrict, or delay investment in the country by United States persons. ``(D) An identification of which such laws, policies, and practices have had the most significant effect on investment in that country by United States persons. ``(E) An identification of the industries in the United States that have been most severely affected by such laws, policies, and practices. ``(F) An assessment of the transparency of the process for making such laws, policies, and practices. ``(G) If a bilateral investment treaty is in effect between the United States and the country, an assessment of the extent to which the government of the country has complied with its obligations under the treaty. ``(H) Recommendations with respect to what remedies may be available to facilitate investment in the country by United States persons. ``(I) An assessment of the amount of greenfield investment in the United States by persons organized under the laws of or otherwise subject to the jurisdiction of the country. ``(3) Determinations.--The report required by paragraph (1) shall include the determination of the Trade Representative, after consideration of the elements described in paragraph (2), of whether each country that is a major trading partner of the United States-- ``(A) has high barriers to investment by United States persons (to be known as a `high barrier country'); ``(B) has recently taken measures that constitute barriers to investment by United States persons or has indicated an intention to take such measures (to be known as a `watch country'); or ``(C) has investment laws, policies, and practices that should be monitored (to be known as a `monitor country'). ``(4) Justification for transactions with high barrier countries.-- ``(A) In general.--If the Committee recommends that the President not suspend or prohibit under subsection (d) a covered transaction described in subparagraph (B), the Committee shall include in the report required by paragraph (1) an explanation of the reasons for recommending that the President not suspend or prohibit that transaction. ``(B) Covered transaction described.--A covered transaction is described in this subparagraph if a party to the transaction is organized under the laws of or otherwise subject to the jurisdiction of a high barrier country. ``(5) Definitions.--In this subsection: ``(A) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate; and ``(ii) the Committee on Financial Service, the Committee on Ways and Means, the Committee on Foreign Affairs, and the Committee on Energy and Commerce of the House of Representatives. ``(B) Greenfield investment.--The term `greenfield investment' means an investment by a foreign person in the United States under which the foreign person builds operations and facilities in the United States instead of purchasing or leasing existing facilities. ``(C) United states person.--The term `United States person' means-- ``(i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or ``(ii) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.''. SEC. 3. CONSIDERATION OF REPORT ON RECIPROCITY. Section 721(f) of the Defense Production Act of 1950 (50 U.S.C. 4565(f)) is amended-- (1) in paragraph (4)-- (A) in subparagraph (A), by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and by moving such subclauses, as so redesignated, 2 ems to the right; and (B) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and by moving such clauses, as so redesignated, 2 ems to the right; (2) in paragraph (9), by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and by moving such clauses, as so redesignated, 2 ems to the right; (3) by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; (4) in the matter preceding subparagraph (A), as redesignated by paragraph (3), by striking ``may, taking into account the requirements of national security, consider--'' and inserting the following: ``, taking into account the requirements of national security-- ``(1) may consider--''; (5) in subparagraph (K), as redesignated by paragraph (3), by striking the period at the end and inserting ``; and''; and (6) by adding at the end the following: ``(2) shall consider the findings in the most recent report required by subsection (o) with respect to any foreign country with jurisdiction over a party to the proposed or pending transaction.''.

True Reciprocity Investment Act of 2017 This bill amends the Defense Production Act of 1950 to direct the Office of the United States Trade Representative to submit an annual report assessing the extent to which foreign governments allow investments by U.S. persons (i.e., U.S. citizens, permanent residents, or U.S. entities) in their countries that are similar to investments in the United States made by entities organized in such foreign countries. The report shall include, with respect to each major trading partner of the United States: (1) a description of the laws, policies, and practices of the country with respect to foreign investment; and (2) an assessment of the transparency of the process for making such laws, policies, and practices. The report shall also include the determination of the office whether each major trading partner: (1) has high barriers to investment by U.S. persons; (2) has recently taken measures that constitute barriers to investment by U.S. persons or has indicated an intention to take such measures; or (3) has investment laws, policies, and practices that should be monitored. If the Committee on Foreign Investment in the United States recommends that the President not suspend or prohibit a transaction made by a party that is subject to the jurisdiction of a high barrier country, it shall provide an explanation of the reasons for its recommendation.

True Reciprocity Investment Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rush Hour Congestion Relief Act of 2004''. SEC. 2. TRAFFIC INCIDENT MANAGEMENT PROGRAM. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after section 138 the following: ``Sec. 139. Traffic incident management program ``(a) In General.--The Secretary shall establish and implement a traffic incident management program in accordance with this section to assist States and localities in-- ``(1) regional traffic incident management program planning; and ``(2) carrying out projects to mitigate the effects of traffic delays resulting from accidents, breakdowns, and other non-recurring incidents on highways. ``(b) Use of Funds.--Funds apportioned to a State under this section may be used for-- ``(1) regional collaboration and coordination activities that lead to regional traffic incident management policies, programs, plans, procedures, and agreements; ``(2) purchase or lease of telecommunications equipment for first responders as part of the development of a regional traffic incident management program; ``(3) purchase or lease of equipment to support the clearance of traffic incidents; ``(4) payments to contractors for towing and recovery services as part of a regional traffic incident management program; ``(5) rental of vehicle storage or staging areas immediately adjacent to roadways as part of a regional traffic incident management program; ``(6) traffic service patrols as part of a regional traffic incident management program; ``(7) enhanced hazardous materials incident response; ``(8) traffic management systems in support of traffic incident management; ``(9) traffic incident management training; ``(10) crash investigation equipment; ``(11) other activities under a regional traffic incident management plan; and ``(12) statewide incident reporting systems. ``(c) Regional Traffic Incident Management Plan.-- ``(1) Plan.-- ``(A) In general.--Except as provided in subparagraph (B), funds apportioned under this section may not be obligated for an urbanized area with a population greater than 300,000 until such time as a regional traffic incident management plan is developed for the urbanized area. ``(B) Funds for plan.--An urbanized area described in subparagraph (A) may use funds apportioned under this section to develop the regional traffic incident management plan in accordance with this subsection. ``(2) Plan development.-- ``(A) Collaboration.--Any urbanized area described in paragraph (1) that receives funds apportioned under this section shall engage in regional collaboration and coordination activities to develop the regional traffic incident management plan required for the urbanized area under that paragraph. ``(B) Plan elements.--The regional traffic incident management plan for an urbanized area under paragraph (1) shall include-- ``(i) a strategy, adopted by transportation, public safety, and appropriate private sector participants, for funding, implementing, managing, operating, and evaluating the traffic incident management program initiatives and activities for the urbanized area in a manner that ensures regional coordination of those initiatives and activities; ``(ii) an estimate of the impact of the plan on traffic delays; and ``(iii) a description of the means by which traffic incident management information will be shared among operators, service providers, public safety officials, and the general public. ``(d) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $1,000,000,000 for each of fiscal years 2005 through 2010. ``(2) Apportionment among states.--Funds made available under paragraph (1) shall be apportioned among the States in the proportion that-- ``(A) the aggregate population of the State, or part of the State, in urbanized areas with a population greater than 300,000; bears to ``(B) the total population of all States, or parts of all States, in those urbanized areas. ``(3) Distribution within states.--Funds apportioned to a State under paragraph (2) shall be made available to carry out projects and activities under regional traffic incident management plans in each urbanized area in the State with a population greater than 300,000 in the proportion that-- ``(A) the population of the urbanized area, or part of the urbanized area, in the State; bears to ``(B) the total population of all urbanized areas in the State. ``(e) Determination of Populations.--For the purpose of determining populations of areas under this section, the Secretary shall use information from the most current decennial census, as supplied by the Secretary of Commerce.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 138 the following: ``139. Traffic incident management program.''.

Rush Hour Congestion Relief Act of 2004 - Amends the Federal-Aid Highways Program to direct the Secretary of Transportation to establish and implement a traffic incident management program to assist States and localities in: (1) regional traffic incident management program planning; and (2) carrying out projects to mitigate the effects of traffic delays resulting from accidents, breakdowns, and other non-recurring incidents on highways. Prohibits funds apportioned under this Act from being obligated for an urbanized area with a population greater than 300,000 until such time as a regional traffic incident management plan is developed for the urbanized area. Requires an urbanized area that receives funds under this Act to engage in certain regional collaboration and coordination activities to develop a prescribed regional traffic incident management plan. Prescribes an apportionment formula for funds distribution among the States to implement this Act.

A bill to amend title 23, United States Code, to establish a traffic incident management program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bureau of Consumer Financial Protection Advisory Board Enhancement Act''. SEC. 2. ESTABLISHMENT OF ADVISORY BOARDS WITHIN THE BUREAU OF CONSUMER FINANCIAL PROTECTION. (a) In General.--The Consumer Financial Protection Act of 2010 is amended by inserting after section 1014 (12 U.S.C. 5494) the following: ``SEC. 1014A. ADVISORY BOARDS. ``(a) Definitions.--In this section-- ``(1) the term `eligible financial product or service' means a financial product or service that is offered or provided for use by consumers primarily for personal, family, or household purposes as described in clause (i), (iii), (v), (vi), or (ix) of section 1002(15)(A); ``(2) the term `rural area' has the meaning given the term in section 1393(a)(2) of the Internal Revenue Code of 1986; and ``(3) the terms `small business concern', `small business concern owned and controlled by veterans', and `small business concern owned and controlled by women' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632). ``(b) Small Business Advisory Board.-- ``(1) Establishment.--The Director shall establish a Small Business Advisory Board-- ``(A) to advise and consult with the Bureau in the exercise of the functions of the Bureau under the Federal consumer financial laws applicable to eligible financial products or services; and ``(B) to provide information on emerging practices of small business concerns that provide eligible financial products or services, including regional trends, the effect that decisions by the Bureau have on rural areas, concerns, and other relevant information. ``(2) Membership.-- ``(A) Number.--The Director shall appoint not less than 15 and not more than 20 members to the Small Business Advisory Board. ``(B) Qualification.--Members appointed under subparagraph (A) shall be representatives of small business concerns that-- ``(i) provide eligible financial products or services; and ``(ii) are service providers to covered persons. ``(C) Additional considerations.--In appointing members under subparagraph (A), the Director shall-- ``(i) include members representing small business concerns owned and controlled by veterans, small business concerns owned and controlled by women, and minority-owned small business concerns, and the interests of those concerns, without regard to party affiliation; and ``(ii) require an adequate representation of members that own small business concerns for which the principal place of business is in a rural or underserved area. ``(3) Meetings.--The Small Business Advisory Board-- ``(A) shall meet from time to time at the call of the Director; and ``(B) shall meet not less than twice each year. ``(c) Credit Union Advisory Council.-- ``(1) Establishment.--The Director shall establish a Credit Union Advisory Council to advise and consult with the Bureau on consumer financial products or services that impact credit unions. ``(2) Membership.-- ``(A) Number.--The Director shall appoint not less than 15 and not more than 20 members to the Credit Union Advisory Council. ``(B) Considerations.--In appointing members under subparagraph (A), the Director shall-- ``(i) include members representing credit unions predominantly serving traditionally underserved communities and populations and their interests, without regard to party affiliation; and ``(ii) require an adequate representation of members that represent credit unions that are headquartered in a rural or underserved area. ``(3) Meetings.--The Credit Union Advisory Council-- ``(A) shall meet from time to time at the call of the Director; and ``(B) shall meet not less than twice each year. ``(d) Community Bank Advisory Council.-- ``(1) Establishment.--The Director shall establish a Community Bank Advisory Council to advise and consult with the Bureau on consumer financial products or services that impact community banks. ``(2) Membership.-- ``(A) Number.--The Director shall appoint not less than 15 and not more than 20 members to the Community Bank Advisory Council. ``(B) Considerations.--In appointing members under subparagraph (A), the Director shall-- ``(i) include members representing community banks predominantly serving traditionally underserved communities and populations and their interests, without regard to party affiliation; and ``(ii) require an adequate representation of members that represent community banks that are headquartered in a rural or underserved area. ``(3) Meetings.--The Community Bank Advisory Council-- ``(A) shall meet from time to time at the call of the Director; and ``(B) shall meet not less than twice each year. ``(e) Compensation and Travel Expenses.--Members of the Small Business Advisory Board, the Credit Union Advisory Council, or the Community Bank Advisory Council, as established under subsections (b), (c), and (d), respectively, who are not full-time employees of the United States shall-- ``(1) be entitled to receive compensation at a rate fixed by the Director while attending meetings of the Small Business Advisory Board, the Credit Union Advisory Council, or the Community Bank Advisory Council, including travel time; and ``(2) be allowed travel expenses, including transportation and subsistence, while away from their homes or regular places of business.''. (b) Table of Contents Amendment.--The table of contents in section 1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by inserting after the item relating to section 1014 the following: ``Sec. 1014A. Advisory Boards.''.

Bureau of Consumer Financial Protection Advisory Board Enhancement Act This bill amends the Consumer Financial Protection Act of 2010 to require the Director of the Consumer Financial Protection Bureau (CFPB) to establish: (1) a Small Business Advisory Board to advise and consult with the CFPB in the exercise of its functions under the federal consumer financial laws regarding financial products or services provided for use by consumers primarily for personal, family, or household purposes and to provide information on emerging practices of small businesses that provide such products or services; and (2) a Credit Union Advisory Council and a Community Bank Advisory Council to advise and consult with the CFPB on consumer financial products or services that impact credit unions and community banks, respectively.

Bureau of Consumer Financial Protection Advisory Board Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Law Enforcement Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) effective and impartial enforcement of the law is one of the most important functions of the government; (2) the preservation of our form of Government and the rights of our citizens are dependent upon competent and professional law enforcement agencies; (3) responsibility for law enforcement in the United States resides primarily with State and local governments; (4)(A) one-third of all Americans live in nonurban areas and 90 percent of all law enforcement agencies serve populations of fewer than 25,000 residents; and (B) 75 percent serve a population of fewer than 10,000 residents; (5) rural violent crime has increased over 35 percent from 1985 to 1995, and is taking a toll on rural citizens and rural law enforcement practitioners; (6) approximately 22,400 local government entities exist in the 50 States, and the needs of rural law enforcement in the areas of research, technical assistance, and the delivery of executive education and training programs have been jointly identified by the Federal Bureau of Investigation, the Department of Justice, and the National Center for Rural Law Enforcement at the University of Arkansas at Little Rock; and (7) the National Center for Rural Law Enforcement at the University of Arkansas at Little Rock will continue to cooperate with the Federal Bureau of Investigation and the Department of Justice to promote the development and implementation of training and education programs for rural law enforcement agencies. SEC. 3. NATIONAL CENTER FOR RURAL LAW ENFORCEMENT. (a) In General.--Title XVIII of the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end the following new subtitle: ``Subtitle D--National Center for Rural Law Enforcement ``SEC. 180401. ESTABLISHMENT. ``(a) In General.--There is established at the University of Arkansas, at Little Rock, the National Center for Rural Law Enforcement. ``(b) Advisory Board.-- ``(1) In general.--There shall be established within the National Center for Rural Law Enforcement an Advisory Board (referred to in this Act as the `Advisory Board') that shall be comprised of 15 members, of whom-- ``(A) 10 shall be selected by the Attorney General of the United States, in consultation with the Director of the Federal Bureau of Investigation, from personnel of rural law enforcement agencies serving communities with populations of less than 25,000 people, 2 from each of 5 regions (including the Northeast, Northwest, Southeast, Southwest, and Midwest); ``(B) 2 shall be selected by the Attorney General from personnel of State law enforcement agencies, 1 from training and 1 from law enforcement; ``(C) 2 shall be selected by the Director of the Federal Bureau of Investigation from employees of the Federal Bureau of Investigation; and ``(D) the Executive Director of the National Center for Rural Law Enforcement, who shall serve as a permanent member of the Advisory Board. ``(2) Powers.-- ``(A) Terms of the Advisory Board members will be for 1 year, with 3 members rotating each year. The first Advisory Board members, at their first meeting, will draw lots from 1 to 5 years. ``(B) The Advisory Board members shall formulate, adopt, and publish guidelines governing the operation of the Center, consistent with its mission. ``(3) Travel expenses.--The members of the Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Advisory Board. ``(c) Executive Director.-- ``(1) Appointment.--The Attorney General shall appoint the Executive Director of the National Center for Rural Law Enforcement in consultation with the Director of the Federal Bureau of Investigation and the Chancellor of the University of Arkansas at Little Rock. The Executive Director shall serve a term not longer than 5 years. ``(2) Duties.--The Executive Director shall have the duties and responsibilities fulfilling functions as set forth in this Act, including the preparation and submission of a periodic report to the Advisory Board and the Chancellor of the University of Arkansas at Little Rock. ``(d) Procurement of Temporary and Intermittent Services.--The National Center for Rural Law Enforcement, with the advice of the Advisory Board, may procure temporary and intermittent services under section 3109 of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for members of the Senior Executive Service, ES-6, Level V of the Executive Schedule as authorized by section 5352 of such title. ``SEC. 180402. FUNCTIONS. ``(a) In General.--The Director of the National Center for Rural Law Enforcement shall provide for-- ``(1) the training of supervisory and executive managers of rural law enforcement in a systematic and effective manner; ``(2) the support of rural law enforcement agencies with technical assistance and practical and focused research; ``(3) equitable education and training opportunities for rural law enforcement personnel; ``(4) the delivery of training programs by Federal agencies and the Center; ``(5) the promotion, development, and adoption of a voluntary national system of education and training standards and certification; ``(6) the development and dissemination of information designed to assist States and units of local government in rural areas throughout the country; ``(7) grants to, and contracts with, Federal, State, and general units of local government, public and private agencies, educational institutions, organizations, and individuals to carry out this subtitle; ``(8) the establishment and continuation of a clearinghouse and information center for the collection, preparation, and dissemination of information on criminal justice and rural law enforcement, including programs for prevention of crime and recidivism, and management training of law enforcement personnel; ``(9) assistance and service in a consulting capacity to Federal, State, and local criminal justice agencies in the development, maintenance, and coordination of programs, facilities and services, training, research, and prevention with respect to crime in rural areas; ``(10) the encouragement and assistance to Federal, State, and local government programs and services, and programs for law enforcement officers, judges and judicial personnel, probation and parole personnel, correctional personnel, welfare workers, and other persons; ``(11) the development of technical training teams to aid in the development of seminars, workshops, and training programs within the States and with the State and local agencies that work with rural law enforcement managers; ``(12) the conduct, encouragement, and coordination of research relating to law enforcement and criminal justice issues, including the causes, diagnosis, and prevention of criminal activity; ``(13) the formulation and dissemination of rural law enforcement policy, goals, standards, and recommendations for Federal, State, and local criminal justice agencies, organizations, institutions, and personnel; and ``(14) evaluation programs that study the effectiveness of new approaches, techniques, systems, programs, and devices employed to improve rural law enforcement systems. ``(b) Authority.--The National Center for Rural Law Enforcement may-- ``(1) enter into contracts with public or private agencies, organizations, or individuals for the performance of any of the functions of the Center; ``(2) enter into cooperative agreements with Federal, State, and local agencies and nonprofit entities to carry out the functions of the Center; ``(3) arrange with and reimburse the heads of Federal departments and agencies for the use of personnel, facilities, or equipment of such departments and agencies; ``(4) confer with and avail itself of the assistance, services, records, and facilities of State and local governments or other public or private agencies, organizations, and individuals; and ``(5) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates of compensation not to exceed the daily equivalent of the rate authorized for members of the Senior Executive Service, ES-6, Level 5, as authorized by section 5352 of title 5, United States Code. ``(c) Methods.--In carrying out its functions under this section, the National Center for Rural Law Enforcement shall-- ``(1) utilize consensus building; ``(2) work in cooperation with-- ``(A) rural, nonurban law enforcement agencies; ``(B) agencies of Federal, State, and local governments; and ``(C) institutions of higher learning, law enforcement associations, and other not-for-profit organizations; ``(3) request and receive from other Federal departments and agencies such statistics, data, program reports, and other materials necessary for the Center to carry out its functions; ``(4) arrange with and reimburse the heads of other Federal departments and agencies for the use of personnel, facilities, or equipment of such departments and agencies; and ``(5) use the assistance, services, records, and facilities of State and local governments or other public or private agencies, organizations, and individuals. ``SEC. 180403. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subtitle, as a separate line item in the Department of Justice Appropriations Act-- ``(1) $12,000,000 for fiscal year 1997; and ``(2) such sums as are necessary for each of the fiscal years 1998 through 2001.''. (b) Technical Amendment.--The table of contents for the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end of the matter relating to title XVIII, the following: ``Subtitle D--National Center for Rural Law Enforcement ``Sec. 180401. Establishment. ``Sec. 180402. Functions. ``Sec. 180403. Authorization of appropriations.''.

Rural Law Enforcement Act of 1996 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to establish the National Center for Rural Law Enforcement at the University of Arkansas at Little Rock. Establishes an advisory board and requires the Attorney General to appoint an Executive Director of the Center to prepare and submit a periodic report to the advisory board and the University. Sets forth the Director's functions, including providing for: (1) the support of rural law enforcement agencies with technical assistance and practical and focused research; (2) education and training for rural law enforcement managers and personnel; (3) grants and contracts to carry out this Act; (4) the establishment and continuation of a clearinghouse and information center on criminal justice and rural law enforcement; (5) consulting assistance and service to Federal, State, and local criminal justice agencies with respect to crime in rural areas; and (6) evaluation programs that study the effectiveness of new approaches employed to improve rural law enforcement systems. Authorizes appropriations to carry out this Act as a separate line item in the Department of Justice Appropriations Act.

Rural Law Enforcement Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlined and Improved Methods at Polling Locations and Early Voting Act'' or the ``SIMPLE Voting Act''. SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR REDUCING WAITING TIMES FOR VOTERS IN FEDERAL ELECTIONS. (a) Requirements for States.--Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 306 and 307; and (2) by inserting after section 303 the following new sections: ``SEC. 304. EARLY VOTING. ``(a) In General.--Each State shall allow individuals to vote in an election for Federal office on each day occurring during the 15-day period which ends 2 days before the date of the election, in the same manner as voting is allowed on such day. ``(b) Minimum Early Voting Requirements.--Each polling place which allows voting prior to the date of a Federal election pursuant to subsection (a) shall-- ``(1) allow such voting for not less than 10 hours on each day; and ``(2) have uniform hours each day for which such voting occurs. ``(c) Location of Polling Places Near Public Transportation.--To the greatest extent practicable, a State shall ensure that each polling place which allows voting prior to the date of a Federal election pursuant to subsection (a) is located within reasonable walking distance of a stop on a public transportation route. ``(d) Standards.-- ``(1) In general.--The Commission shall issue standards for the administration of voting prior to the date scheduled for a Federal election. Such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. ``(2) Deviation.--The standards described in paragraph (1) shall permit States, upon providing adequate public notice, to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout. ``(e) Effective Date.--This section shall apply with respect to elections held on or after January 1, 2014. ``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS. ``(a) Preventing Unreasonable Waiting Times.-- ``(1) In general.--Each State shall provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure-- ``(A) a fair and equitable waiting time for all voters in the State; and ``(B) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. ``(2) Criteria.--In determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State shall take into account the following factors: ``(A) The voting age population. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(D) The number of voters who have registered since the most recent Federal election. ``(E) Census data for the population served by such voting site, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. ``(F) The educational levels and socio-economic factors of the population served by such voting site. ``(G) The needs and numbers of voters with disabilities and voters with limited English proficiency. ``(H) The type of voting systems used. ``(I) The length and complexity of initiatives, referenda, and other questions on the ballot. ``(J) Such other factors as the State considers appropriate. ``(3) Guidelines.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish and publish guidelines to assist States in meeting the requirements of this subsection. ``(4) Rule of construction.--Nothing in this subsection may be construed to authorize a State to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place. ``(b) Development and Implementation of Contingency Plans.-- ``(1) In general.--Each State shall develop, and implement to the greatest extent practicable, a contingency plan under which the State shall provide additional poll workers, machines, ballots, and other equipment and supplies (as the case may be) on the date of the election to any polling place used in an election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, at which waiting times exceed one hour. ``(2) Approval of plan by commission.--The State shall ensure that the contingency plan developed under paragraph (1) is approved by the Commission prior to the date of the election involved, in accordance with such procedures as the Commission may establish. ``(c) Effective Date.--This section shall apply with respect to elections held on or after January 1, 2014.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (42 U.S.C. 15511) is amended by striking ``sections 301, 302, and 303'' and inserting ``subtitle A of title III''. (c) Clerical Amendment.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 306 and 307; and (2) by inserting after the item relating to section 303 the following new items: ``Sec. 304. Early voting. ``Sec. 305. Preventing unreasonable waiting times for voters.''. SEC. 3. NO EFFECT ON AUTHORITY OF STATE TO PROVIDE FOR LONGER PERIODS OF EARLY VOTING OR GREATER AMOUNT OF RESOURCES AT POLLING PLACES. Nothing in this Act or in any amendment made by this Act may be construed to prohibit a State, with respect to any election for Federal office-- (1) from providing (in an equitable and nondiscriminatory manner) a longer period for early voting than the minimum period required under section 304 of the Help America Vote Act of 2002 (as added by section 2(a)); or (2) from providing (in an equitable and nondiscriminatory manner) a greater number of systems, poll workers, and other election resources at any polling place than the minimum number required under section 305 of such Act (as added by section 2(a)).

Streamlined and Improved Methods at Polling Locations and Early Voting Act or SIMPLE Voting Act - Amends the Help America Vote Act of 2002 to require each state to allow individuals to vote in a federal election on each day during the 15-day period ending two days before the election date in the same manner as voting is allowed on election day. Requires a state to ensure that each polling place which allows early voting in a federal election is located within reasonable walking distance of a stop on a public transportation route. Requires the Election Assistance Commission to issue standards for the administration of early voting in a federal election. Requires each state to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in a federal election to ensure: (1) a fair and equitable waiting time for all voters in the state, and (2) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. Requires each state to develop, and implement to the greatest extent practicable, a contingency plan under which it shall provide any polling place on a federal election day whose waiting times exceed one hour with additional poll workers, machines, ballots, and other equipment and supplies, including a polling place at which individuals may cast ballots before the election date.

To amend the Help America Vote Act of 2002 to require States to establish a minimum period of 15 days for early voting prior to the date of an election for Federal office and to ensure that no individual will be required to wait for longer than one hour to cast a ballot at a polling place in an election for Federal office.

SECTION 1. INCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN GUARANTEE PROGRAM. (a) Specific Appropriation or Contribution.--Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Specific Appropriation or Contribution.-- ``(1) In general.--No guarantee shall be made unless-- ``(A) an appropriation for the cost of the guarantee has been made; ``(B) the Secretary has received from the borrower a payment in full for the cost of the guarantee and deposited the payment into the Treasury; or ``(C) a combination of appropriations under subparagraph (A) or payments from the borrower under subparagraph (B) has been made that is sufficient to cover the cost of the guarantee. ``(2) Limitation.--The source of payments received from a borrower under subparagraph (B) or (C) of paragraph (1) shall not be a loan or other debt obligation that is made or guaranteed by the Federal Government.''; and (2) by adding at the end the following: ``(l) Credit Report.--If, in the opinion of the Secretary, a third- party credit rating of the applicant or project is not relevant to the determination of the credit risk of a project, if the project costs are not projected to exceed $100,000,000, and the applicant agrees to accept the credit rating assigned to the applicant by the Secretary, the Secretary may waive any otherwise applicable requirement (including any requirement described in part 609 of title 10, Code of Federal Regulations) to provide a third-party credit report. ``(m) Direct Hire Authority.-- ``(1) In general.--Notwithstanding sections 3304 and sections 3309 through 3318 of title 5, United States Code, the head of the loan guarantee program under this title (referred to in this subsection as the `Executive Director') may, on a determination that there is a severe shortage of candidates or a severe hiring need for particular positions to carry out the functions of this title, recruit and directly appoint highly qualified critical personnel with specialized knowledge important to the function of the programs under this title into the competitive service. ``(2) Exception.--The authority granted under paragraph (1) shall not apply to positions in the excepted service or the Senior Executive Service. ``(3) Requirements.--In exercising the authority granted under paragraph (1), the Executive Director shall ensure that any action taken by the Executive Director-- ``(A) is consistent with the merit principles of section 2301 of title 5, United States Code; and ``(B) complies with the public notice requirements of section 3327 of title 5, United States Code. ``(4) Sunset.--The authority provided under paragraph (1) shall terminate on September 30, 2011. ``(n) Professional Advisors.--The Secretary may-- ``(1) retain agents and legal and other professional advisors in connection with guarantees and related activities authorized under this title; ``(2) require applicants for and recipients of loan guarantees to pay all fees and expenses of the agents and advisors; and ``(3) notwithstanding any other provision of law, select such advisors in such manner and using such procedures as the Secretary determines to be appropriate to protect the interests of the United States and achieve the purposes of this title. ``(o) Multiple Sites.--Notwithstanding any contrary requirement (including any provision under part 609.12 of title 10, Code of Federal Regulations) an eligible project may be located on 2 or more non- contiguous sites in the United States.''. (b) Applications for Multiple Eligible Projects.--Section 1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Multiple Applications.--Notwithstanding any contrary requirement (including any provision under part 609.3(a) of title 10, Code of Federal Regulations), a project applicant or sponsor of an eligible project may submit an application for more than 1 eligible project under this section.''. (c) Energy Efficiency Loan Guarantees.--Section 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at the end the following: ``(4) Energy efficiency projects, including projects to retrofit residential, commercial, and industrial buildings, facilities, and equipment.''. (d) Fees; Professional Advisors.--Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended-- (1) by striking subsection (f) and inserting the following: ``(f) Fees.--Except as otherwise permitted under subsection (i), administrative costs shall be not more than $100,000 or 10 basis points of the loan.''; (2) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (3) by inserting after subsection (h) the end the following: ``(i) Professional Advisors.--The Secretary may-- ``(1) retain agents and legal and other professional advisors in connection with guarantees and related activities authorized under this section; ``(2) require applicants for and recipients of loan guarantees to pay directly, or through the payment of fees to the Secretary, all fees and expenses of the agents and advisors; and ``(3) notwithstanding any other provision of law, select such advisors in such manner and using such procedures as the Secretary determines to be appropriate to protect the interests of the United States and achieve the purposes of this section.''.

Amends the Energy Policy Act of 2005 (EPA) to prohibit federal loan guarantees for innovative technologies unless: (1) an appropriation for the cost of the guarantee has been made; (2) the Secretary of Energy (DOE) has received and deposited into the Treasury payment in full from the borrower for the cost of the guarantee; or (3) a combination of appropriations or payments from the borrower has been made that is sufficient to cover the cost of the guarantee. Authorizes the Secretary to waive requirements to provide a third-party credit report if: (1) such report, in the Secretary's opinion, is not relevant to the determination of the credit risk of a project; (2) the project costs are not projected to exceed $100 million; and (3) the applicant agrees to accept the credit rating the Secretary assigns. Authorizes the head of the loan guarantee program, if there is either a severe shortage of candidates or a severe hiring need for particular positions, to recruit and directly appoint into the competitive service highly qualified critical personnel with specialized knowledge important to program functions (direct hire authority). Amends the EPA and the Energy Independence and Security Act of 2007 to authorize the Secretary to: (1) retain agents and professional advisors in connection with guarantees and related activities; and (2) require loan guarantee applicants and recipients to pay all fees and expenses of such agents and advisors. Authorizes the Secretary to make energy efficiency loan guarantees for projects starting construction by September 30, 2011, to retrofit residential, commercial, and industrial buildings, facilities, and equipment.

A bill to amend the Energy Policy Act of 2005 to improve the loan guarantee program of the Department of Energy under title XVII of that Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Changing Room Privacy Act''. SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONITORING OF EMPLOYEES IN CERTAIN EMPLOYMENT LOCATIONS. (a) In General.--An employer may not engage in video monitoring or audio monitoring of an employee of the employer when the employee is in a restroom facility, dressing room, or any other area in which it is reasonable to expect employees of the employer to change clothing. (b) Use of Monitoring Results.--An employer may not use the results of video or audio monitoring conducted in violation of this Act for any purpose, including any employee discipline. An employer shall immediately destroy all copies of any recording determined to have been made in violation of this Act. (c) Non-Retaliation.--An employer may not discharge, discipline, or discriminate in any manner against an employee because the employee has-- (1) filed any complaint or instituted or caused to be instituted any proceeding under this Act; or (2) testified or is about to testify in any proceeding under this Act. (d) Limitation.--Nothing in this Act shall prohibit any video monitoring or audio monitoring conducted by a law enforcement agency as part of a criminal investigation and pursuant to a validly issued warrant. SEC. 3. ENFORCEMENT ACTION BY SECRETARY OF LABOR. (a) In General.--Any employer who violates section 2 shall be liable to the United States for a civil money penalty in an amount not to exceed $18,000 for each violation. (b) Written Notice and Opportunity for Hearing.--The Secretary of Labor shall assess a civil money penalty under subsection (a) by an order made on the record after opportunity for a hearing provided in accordance with section 554 of title 5, United States Code. In connection with the hearing, the Secretary may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence that relates to the subject matter of the hearing. (c) Determination of Amount of Civil Money Penalty.--In determining the amount of a civil money penalty under subsection (a), the Secretary shall take into account-- (1) the nature, circumstances, extent, and gravity of the violation or violations; and (2) with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of prior violations, the degree of culpability, and such other matters as justice may require. (d) Modification of Civil Money Penalty.--The Secretary may compromise, modify, or remit, with or without conditions, any civil money penalty assessed under subsection (a). The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the employer. (e) Judicial Review.--An employer who requested, in accordance with section 554 of title 5, United States Code, a hearing respecting the assessment of a civil money penalty under this subsection, and who is aggrieved by the order assessing the penalty may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the employer resides or transacts business. Such a petition may only be filed within the 120-day period beginning on the date the order was issued. (f) Failure To Pay.--The Secretary of Labor may recover, in an action brought in any appropriate district court of the United States, the amount of a civil money penalty assessed under this subsection against an employer who fails to pay the penalty-- (1) after the order making the assessment becomes final, and if such employer does not file a petition for judicial review of the order in accordance with subsection (e); or (2) after a court in an action brought under subsection (e) has entered a final judgment in favor of the Secretary. (g) No Review of Penalty.--In an action brought under subsection (f), the validity, amount, and appropriateness of the civil money penalty shall not be subject to review. (h) Injunctive Relief.--The Secretary may commence, in any court of competent jurisdiction, a civil action for the purpose of obtaining temporary or permanent injunctive relief with respect to preventing a violation of section 2. SEC. 4. CIVIL CAUSE OF ACTION BY AGGRIEVED EMPLOYEE. (a) In General.--An employee who is aggrieved as a result of a violation of section 2 by the employer of such employee may commence, in any court of competent jurisdiction, a civil action against the employer to obtain appropriate relief, including-- (1) an injunction to enjoin the employer from further engaging in the violation or from committing any further violation, as appropriate; (2) damages not to exceed $25,000; or (3) both such remedies. In any action or proceeding under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee (including expert fees) as part of the costs. (b) Commencement of Proceedings.--An employee referred to in subsection (a) may not commence proceedings under such subsection against an employer of the employee after the expiration of the 7-year period beginning on the later of the following: (1) The date on which the employer allegedly engaged in a violation of section 2. (2) The date on which the employee should have been aware of an alleged violation of section 2 by the employer. SEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BARGAINING AGREEMENTS. (a) State Laws.--This Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of the laws of any State or political subdivision of any State, except to the extent such laws are inconsistent with this Act, and then only to the extent of the inconsistency. A law is not inconsistent with this Act if the law affords greater protection to an employee than the protection provided under this Act. (b) Collective Bargaining Agreements.--This Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of any collective bargaining agreements, except to the extent that such agreements are inconsistent with this Act, and then only to the extent of the inconsistency. An agreement is not inconsistent with this Act if the agreement affords greater protection to an employee than the protection provided under this Act. SEC. 6. DEFINITIONS. In this Act: (1) Audio monitoring.--The term ``audio monitoring'' means the listening to, collecting, or recording of sounds of an employee by means of audio equipment or other method. (2) Employee.--The term ``employee'' means any person who is employed by an employer or who was employed by an employer at the time of a violation that was allegedly committed by that employer. Such term includes leased or temporary employees and an employee who is under contract to perform work for an employer. (3) Employer.--The term ``employer'' means any person or entity engaged in commerce or in an industry or activity affecting interstate commerce. (4) Video monitoring.--The term ``video monitoring'' means the videotaping, photographing, filming, or recording by any electronic means of an employee, or installing a device that videotapes, photographs, films, or otherwise records visual images. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) State.--The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. SEC. 7. EFFECTIVE DATE. This Act takes effect 60 days after the date of the enactment of this Act.

Employee Changing Room Privacy Act - Prohibits employers from engaging in video or audio monitoring of employees in restroom facilities, dressing rooms, or other areas in which it is reasonable to expect employees to change clothing. Prohibits employers from using monitoring results for any purpose and requires employers to immediately destroy any violating recording. Prohibits retaliation. Allows video monitoring or audio monitoring by a law enforcement agency as part of a criminal investigation and with a warrant. Provides for enforcement by the Secretary of Labor. Allows private suits by aggrieved employees. Asserts that this Act does not alter state law or collective bargaining agreements except where inconsistent with this Act.

To protect employees from invasion of privacy by employers by prohibiting video and audio monitoring of employees when in an area where it is reasonable to expect employees to change clothing.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Theodore Roosevelt Commemorative Coin Act''. (b) Findings.--The Congress makes the following findings: (1) Theodore Roosevelt, the 26th President of the United States, inspired and led the people of the United States toward the goal of natural resource conservation. (2) The protection and conservation of the Nation's natural heritage requires the acquisition by the United States of habitat and rights to the use of habitat. (3) Allowing those persons who benefit from and support conservation efforts to participate in the funding of those efforts is desirable and achievable through the sale of collectors' commemorative coins. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary) shall mint and issue the following coins: (1) $5 gold coins.--5 dollar coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--1 dollar coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Half dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Amounts of coins.-- (1) Gold coins.--The Secretary shall issue coins under subsection (a)(1) with the dates and in the amounts as follows: Year Amount 1997........................... Not more than 500,000. 1998........................... Not more than 500,000. (2) Silver coins.--The Secretary shall issue coins under subsection (a)(2) with the dates and in the amounts as follows: Year Amount 1997........................... Not more than 1,000,000. 1998........................... Not more than 1,000,000. (3) Clad coins.--The Secretary shall issue coins under subsection (a)(3) with the dates and in the amounts as follows: Year Amount 1997........................... Not more than 1,000,000. 1998........................... Not more than 1,250,000. (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. (b) Silver.--The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) Obverse.--The obverse side of the coins minted under this Act shall bear the likeness of Theodore Roosevelt. (2) Reverse.--The reverse side of the coin shall be emblematic of the Nation's natural resources. (3) 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 date of the coin as specified in section 2(b); 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 (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 1997. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 1998. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $7 per coin for the $1 coin; and (3) $2 per coin for the half dollar coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) Administration of Endangered Species Act of 1973.--All surcharges received by the Secretary from the sale of coins issued under this Act shall, to the extent and in amounts provided in advance in appropriation Acts, be promptly made available by the Secretary to the Secretary of the Interior for use by such Secretary in connection with the administration of the Endangered Species Act of 1973. (b) Excess Amounts.--If, after the sale of all coins minted under this Act, the amount of surcharges received by the Secretary from the sale of coins issued under this Act exceeds the amount of such surcharges which have been appropriated to the Secretary of the Interior in accordance with subsection (a), such excess amount shall be deposited in the general fund of the Treasury. SEC. 9. 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 whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins, one-dollar silver coins, and half-dollar coins whose obverse side shall bear the likeness of Theodore Roosevelt, and whose reverse side shall be emblematic of the Nation's natural resources. Mandates that surcharges received from coin sales be made available to the Secretary of the Interior in connection with the administration of the Endangered Species Act of 1973.

Theodore Roosevelt Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Grain Standards Act Reauthorization Act of 2015''. SEC. 2. REAUTHORIZATION OF UNITED STATES GRAIN STANDARDS ACT. (a) Official Inspection and Weighing Requirements.-- (1) Weighing requirements at export elevators.--Section 5(a)(2) of the United States Grain Standards Act (7 U.S.C. 77(a)(2)) is amended in the proviso by striking ``intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge,'' and inserting ``shipments of grain into an export elevator by any mode of transportation''. (2) Disruption in grain inspection or weighing.--Section 5 of the United States Grain Standards Act (7 U.S.C. 77) is amended by adding at the end the following: ``(d) Disruption in Grain Inspection or Weighing.--In the case of a disruption in official grain inspections or weighings, including if the Secretary waives the requirement for official inspection due to an emergency under subsection (a)(1), the Secretary shall-- ``(1) immediately take such actions as are necessary to address the disruption and resume inspections or weighings; ``(2) not later than 24 hours after the start of the disruption in inspection or weighing, submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes-- ``(A) the disruption; and ``(B) any actions necessary to address the concerns of the Secretary relating to the disruption so that inspections or weighings may resume; and ``(3) once the initial report in paragraph (2) has been made, provide daily updates until official inspection or weighing services at the site of disruption have resumed.''. (b) Official Inspection Authority and Funding.-- (1) Delegation of official inspection authority.--Section 7(e)(2) of the United States Grain Standards Act (7 U.S.C. 79(e)(2)) is amended-- (A) by striking ``(2) If the Secretary'' and inserting the following: ``(2) Delegation of authority to state agencies.-- ``(A) In general.--If the Secretary''; (B) in the first sentence-- (i) by striking ``and (A)'' and inserting ``and (i)''; (ii) by striking ``or (B)(i)'' and inserting ``or (ii)(I)''; (iii) by striking ``(ii)'' and inserting ``(II)''; and (iv) by striking ``(iii)'' and inserting ``(III)''; and (C) by adding at the end the following: ``(B) Certification.-- ``(i) In general.--Every 5 years, the Secretary shall certify that each State agency with a delegation of authority is meeting the criteria described in subsection (f)(1)(A). ``(ii) Process.--Not later than 1 year after the date of enactment of the United States Grain Standards Act Reauthorization Act of 2015, the Secretary shall establish a process for certification under which the Secretary shall-- ``(I) publish in the Federal Register notice of intent to certify a State agency and provide a 30-day period for public comment; ``(II) evaluate the public comments received and, in accordance with paragraph (3), conduct an investigation to determine whether the State agency is qualified; ``(III) make findings based on the public comments received and investigation conducted; and ``(IV) publish in the Federal Register a notice announcing whether the certification has been granted and describing the basis on which the Secretary made the decision. ``(C) State agency requirements.-- ``(i) In general.--If a State agency that has been delegated authority under this paragraph intends to temporarily discontinue official inspection or weighing services for any reason, except in the case of a major disaster, the State agency shall notify the Secretary in writing of the intention of the State agency to do so at least 72 hours in advance of the discontinuation date. ``(ii) Secretarial consideration.--The Secretary shall consider receipt of a notice described in clause (i) as a factor in administering the delegation of authority under this paragraph.''. (2) Consultation.--Section 7(f)(1) of the United States Grain Standards Act (7 U.S.C. 79(f)(1)) is amended-- (A) in subparagraph (A)(xi), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) the Secretary-- ``(i) periodically conducts a consultation with the customers of the applicant, in a manner that provides opportunity for protection of the identity of the customer if desired by the customer, to review the performance of the applicant with regard to the provision of official inspection services and other requirements of this Act; and ``(ii) works with the applicant to address any concerns identified during the consultation process.''. (3) Duration of designation authority.--Section 7(g)(1) of the United States Grain Standards Act (7 U.S.C. 79(g)(1)) is amended by striking ``triennially'' and inserting ``every 5 years''. (4) Fees.--Section 7(j) of the United States Grain Standards Act (7 U.S.C. 79(j)(1)) is amended-- (A) by striking ``(j)(1) The Secretary'' and inserting the following: ``(j) Fees.-- ``(1) Inspection fees.-- ``(A) In general.--The Secretary''; (B) in paragraph (1)-- (i) the second sentence, by striking ``The fees'' and inserting the following: ``(B) Amount of fees.--The fees''; (ii) in the third sentence, by striking ``Such fees'' and inserting the following: ``(C) Use of fees.--Fees described in this paragraph''; and (iii) by adding at the end the following: ``(D) Export tonnage fees.--For an official inspection at an export facility performed by the Secretary, the portion of the fees based on export tonnage shall be based on the rolling 5-year average of export tonnage volumes.''; (C) by redesignating paragraph (4) as paragraph (5); (D) by inserting after paragraph (3) the following: ``(4) Adjustment of fees.--In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually.''; and (E) in paragraph (5) (as redesignated by subparagraph (C)), in the first sentence, by striking ``2015'' and inserting ``2020''. (c) Weighing Authority.--Section 7A of the United States Grain Standards Act (7 U.S.C. 79a) is amended-- (1) in subsection (c)(2), in the last sentence, by striking ``subsection (g) of section 7'' and inserting ``subsections (e) and (g) of section 7''; and (2) in subsection (l)-- (A) by striking ``(l)(1) The Secretary'' and inserting the following: ``(l) Fees.-- ``(1) Weighing fees.-- ``(A) In general.--The Secretary''; (B) in paragraph (1)-- (i) the second sentence, by striking ``The fees'' and inserting the following: ``(B) Amount of fees.--The fees''; (ii) in the third sentence, by striking ``Such fees'' and inserting the following: ``(C) Use of fees.--Fees described in this paragraph''; and (iii) by adding at the end the following: ``(D) Export tonnage fees.--For an official weighing at an export facility performed by the Secretary, the portion of the fees based on export tonnage shall be based on the rolling 5-year average of export tonnage volumes.''; (C) by redesignating paragraph (3) as paragraph (4); (D) by inserting after paragraph (2) the following: ``(3) Adjustment of fees.--In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually.''; and (E) in paragraph (4) (as redesignated by subparagraph (C)), in the first sentence, by striking ``2015'' and inserting ``2020''. (d) Limitation and Administrative and Supervisory Costs.--Section 7D of the United States Grain Standards Act (7 U.S.C. 79d) is amended by striking ``2015'' and inserting ``2020''. (e) Issuance of Authorization.--Section 8(b) of the United States Grain Standards Act (7 U.S.C. 84(b)) is amended by striking ``triennially'' and inserting ``every 5 years''. (f) Appropriations.--Section 19 of the United States Grain Standards Act (7 U.S.C. 87h) is amended by striking ``2015'' and inserting ``2020''. (g) Advisory Committee.--Section 21(e) of the United States Grain Standards Act (7 U.S.C. 87j(e)) is amended by striking ``2015'' and inserting ``2020''. SEC. 3. REPORT ON DISRUPTION IN FEDERAL INSPECTION OF GRAIN EXPORTS. Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the Senate, and the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives a report that describes-- (1) the specific factors that led to disruption in Federal inspection of grain exports at the Port of Vancouver in the summer of 2014; (2) any factors that contributed to the disruption referred to in paragraph (1) that were unique to the Port of Vancouver, including a description of the port facility, security needs and available resources for that purpose, and any other significant factors as determined by the Secretary; and (3) any changes in policy that the Secretary has implemented to ensure that a similar disruption in Federal inspection of grain exports at the Port of Vancouver or any other location does not occur in the future. SEC. 4. REPORT ON POLICY BARRIERS TO GRAIN PRODUCERS. Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture, in consultation with the United States Trade Representative, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that describes-- (1) the policy barriers to United States grain producers in countries the grain of which receives official grading in the United States but which do not offer official grading for United States grain or provide only the lowest designation for United States grain, including an analysis of possible inconsistencies with trade obligations; and (2) any actions the Executive Branch is taking to remedy the policy barriers so as to put United States grain producers on equal footing with grain producers in countries imposing the barriers.

. United States Grain Standards Act Reauthorization Act of 2015 This bill reauthorizes and amends provisions of the United States Grain Standards Act. The Act authorizes the Department of Agriculture (USDA) to establish official marketing standards for grains, and to provide procedures for grain inspection and weighing. The bill reauthorizes several expiring provisions through FY2020, establishes procedures in the event of an interruption of inspection and weighing services, revises the process for delegating inspections to state agencies, and revises fees for inspection and weighing services. (Sec. 2) The bill provides that transfers of grain into an export elevator by any mode of transportation are not required to be officially weighed. In the case of a disruption in official grain inspection or weighing services, the bill requires USDA to immediately take the actions necessary to address the disruption and resume services. USDA must also report to Congress on the disruption and provide daily updates until services have resumed. The bill ends the permanent delegation to state agencies to carry out export inspection and weighing services. Every five years, USDA must certify that each state agency with a delegation of authority is meeting specified criteria. The certification process must include public notice and a comment period. State agencies that have been delegated authority and intend to temporarily discontinue official inspection or weighing services, except in the case of a major disaster, must notify USDA in advance. In order to review the performance of states, local agencies, and individuals that have applied to perform official inspections other than at export port locations, USDA must periodically consult with customers of the applicant and work with the applicant to address any concerns. The bill extends the duration of licenses for inspectors from three to five years. Designations of official agencies terminate at a time specified by USDA that is no later than every five years. The bill changes the fee calculation for inspection and weighing services and extends the authority to collect fees through FY2020. The bill extends the limitation on total administrative and supervisory costs, the authorization of appropriations, and the authorization of the advisory committee through FY2020. (Sec. 3) USDA must report to Congress on the disruption in federal inspection of grain exports at the Port of Vancouver in the summer of 2014. The report must include factors that led or contributed to the disruption and changes in policy USDA has implemented to ensure that a similar disruptions does not occur in the future. (Sec. 4) USDA must report to Congress on policy barriers to U.S. grain producers in countries that: (1) produce grain that receives official grading in the United States, and (2) do not offer official grading for U.S. grain or provide only the lowest designation for U.S. grain.

United States Grain Standards Act Reauthorization Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Justice Tax Fairness Act of 2013''. SEC. 2. EXCLUSION FROM GROSS INCOME FOR AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL DISCRIMINATION. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting before section 140 the following new section: ``SEC. 139E. AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL DISCRIMINATION. ``(a) In General.-- ``(1) Exclusion.--Gross income does not include amounts received by a claimant (whether by judgment or settlement and whether as lump sums or periodic payments) on account of a claim of unlawful discrimination. ``(2) Amounts covered.--For purposes of paragraph (1), the term `amounts' does not include-- ``(A) backpay or frontpay, as defined in section 1302(b), or ``(B) punitive damages. ``(b) Unlawful Discrimination Defined.--For purposes of this section, the term `unlawful discrimination' has the meaning given such term by section 62(e).''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 140 the following new item: ``Sec. 139E. Amounts received on account of certain unlawful discrimination.''. (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2012. SEC. 3. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION. (a) In General.--Part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 (relating to income averaging) is amended by adding at the end the following new section: ``SEC. 1302. INCOME FROM BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION. ``(a) General Rule.--If employment discrimination backpay or frontpay is received by a taxpayer during a taxable year, the tax imposed by this chapter for such taxable year shall not exceed the sum of-- ``(1) the tax which would be so imposed if-- ``(A) no amount of such backpay or frontpay were included in gross income for such year, and ``(B) no deduction were allowed for such year for expenses (otherwise allowable as a deduction to the taxpayer for such year) in connection with making or prosecuting any claim of unlawful employment discrimination by or on behalf of the taxpayer, plus ``(2) the product of-- ``(A) the number of years in the backpay period and frontpay period, and ``(B) the amount by which the tax determined under paragraph (1) would increase if the amount on which such tax is determined were increased by the average annual net backpay and frontpay amount. ``(b) Definitions.--For purposes of this section-- ``(1) Employment discrimination backpay or frontpay.--The term `employment discrimination backpay or frontpay' means backpay or frontpay receivable (whether as lump sums or periodic payments) on account of a claim of unlawful employment discrimination. ``(2) Unlawful employment discrimination.--The term `unlawful employment discrimination' has the meaning provided the term `unlawful discrimination' in section 62(e). ``(3) Backpay and frontpay.--The terms `backpay' and `frontpay' mean amounts-- ``(A) which are includible in gross income in the taxable year as compensation which is attributable-- ``(i) in the case of backpay, to services performed, or that would have been performed but for a claimed violation of law, as an employee, former employee, or prospective employee before such taxable year for the taxpayer's employer, former employer, or prospective employer, and ``(ii) in the case of frontpay, to employment that would have been performed but for a claimed violation of law, in a taxable year or taxable years following the taxable year, and ``(B) which are received on account of a judgment or settlement resulting from a claim for a violation of law. ``(4) Backpay period.--The term `backpay period' means the period during which services are performed (or would have been performed) to which backpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. ``(5) Frontpay period.--The term `frontpay period' means the period of foregone employment to which frontpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. ``(6) Average annual net backpay and frontpay amount.--The term `average annual net backpay and frontpay amount' means the amount equal to-- ``(A) the excess of-- ``(i) employment discrimination backpay and frontpay, over ``(ii) the amount of deductions that would have been allowable but for subsection (a)(1)(B), divided by ``(B) the number of years in the backpay period and frontpay period.''. (b) Clerical Amendment.--The table of sections for part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 1301 the following new item: ``Sec. 1302. Income from backpay and frontpay received on account of certain unlawful employment discrimination.''. (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2012. SEC. 4. INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION NOT TO INCREASE ALTERNATIVE MINIMUM TAX LIABILITY. (a) In General.--Section 55(c) of the Internal Revenue Code of 1986 (defining regular tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following: ``(3) Coordination with income averaging for amounts received on account of employment discrimination.--Solely for purposes of this section, section 1302 (relating to averaging of income from backpay or frontpay received on account of certain unlawful employment discrimination) shall not apply in computing the regular tax.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012.

Civil Justice Tax Fairness Act of 2013 - Amends the Internal Revenue Code to allow: (1) an exclusion from gross income for amounts received (whether by judgment or settlement, as lump sums or periodic payments) on account of a claim of unlawful discrimination; (2) income averaging for backpay and frontpay amounts received from such claims; and (3) an exemption from the alternative minimum tax (AMT) for any tax benefit resulting from the income averaging of amounts received from an unlawful discrimination claim.

Civil Justice Tax Fairness Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Poverty Trap Study Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Low income people are subject to many taxes, including the Federal income tax, payroll taxes, and State income taxes. In addition, eligibility for many Federal and State programs for assistance to the working poor, such as the earned income tax credit, food stamps, housing assistance programs, medicaid, child care assistance, and the women, infants, and children (WIC) nutrition program is based in part on income levels. The rates at which the benefits from such programs are phased out have the same effect as additional taxes imposed on the beneficiaries. (2) The total effective marginal rate of tax for additional income earned by low income people can exceed 100 percent and can be a disincentive to working more hours, getting a raise, learning a more lucrative trade, getting married, or engaging in other economic or social activities. SEC. 3. NATIONAL COMMISSION ON MARGINAL TAX RATES FOR THE WORKING POOR. (a) Establishment.--There is established a commission to be known as the National Commission on Marginal Tax Rates for the Working Poor (in this section referred to as the ``Commission''). (b) Duties of the Commission.--The Commission shall-- (1) determine the total effective marginal rate of tax from all taxes and benefit program phaseouts that persons are subject to (both as individuals and as married couples) at all earnings levels between $7,000 and $30,000 per year for at least 5 States, including Wisconsin and California; and (2) submit the report required under subsection (f) to Congress. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 12 members, of whom-- (A) 3 shall be appointed by the Speaker of the House of Representatives; (B) 2 shall be appointed by the Minority Leader of the House of Representatives; (C) 3 shall be appointed by the Majority Leader of the Senate; (D) 2 shall be appointed by the Minority Leader of the Senate; and (E) 2 shall be appointed by the President. (2) Chairman.--The members of the Commission shall elect a chairman of the Commission at its first meeting. (3) Background.--At least half of the members appointed by each person who appoints members under paragraph (1) shall be recognized experts from think tanks or academia in the subject matter reviewed by the Commission. (4) Terms of appointment.--The term of any appointment under paragraph (1) to the Commission shall be for the life of the Commission. (5) Meetings.--The President shall designate a member of the Commission to call the first meeting of the Commission. Thereafter, the Commission shall meet at the call of its Chairman or a majority of its members. (6) Quorum.--A quorum shall consist of 7 members of the Commission. (7) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made, not later than 30 days after the Commission is given notice of the vacancy, and shall not affect the power of the remaining members to execute the duties of the Commission. (8) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (9) Expenses.--Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (d) Staff and Support Services.-- (1) Executive director.-- (A) Appointment.--The Chairman shall appoint an executive director of the Commission. (B) Compensation.--The executive director shall be paid the rate of basic pay for level V of the Executive Schedule. (2) Staff.--With the approval of the Commission, the executive director may appoint such personnel as the executive director considers appropriate. (3) Applicability of civil service laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid 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). (4) 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. (5) Physical facilities.--The Administrator of General Services shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. (e) Powers of Commission.-- (1) Hearings and other activities.--For the purpose of carrying out its duties, the Commission may hold such hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (2) Studies by gao.--Upon the request of the Commission, the Comptroller General shall conduct such studies or investigations as the Commission determines to be necessary to carry out its duties. (3) Detail of federal employees.--Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (4) Technical assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (5) Use of mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (6) Obtaining information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairman of the Commission, the head of such agency shall furnish such information to the Commission. (7) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (8) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. (f) Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit to Congress a report containing-- (1) the Commission's findings; and (2) recommendations for resolving any economic and other disincentives found by the Commission caused by the marginal tax rates to which the working poor are subject. (g) Termination.--The Commission shall terminate 30 days after the date of submission of the report required in subsection (f). Section 14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to the Commission. (h) Limitations on Authorization of Appropriations.--There are authorized to be appropriated not more than $900,000 to carry out this section.

Poverty Trap Study Act of 2001 - Establishes the National Commission on Marginal Tax Rates for the Working Poor to: (1) determine the total effective marginal rate of tax from all taxes and benefit program phaseouts that persons are subject to at all earnings levels between $7,000 and $30,000 per year for at least five States, including Wisconsin and California; and (2) report to Congress. Authorizes appropriations. Terminates the Commission 30 days after the submission of its report.

To establish a commission to study and make recommendations on marginal tax rates for the working poor.

SECTION 1. FINDINGS. The Congress makes the following findings: (1) Poland is one of the closest allies of the United States in Europe and worldwide; the diplomatic, political, military, and economic relationships between the two countries have never been better in history, but personal contacts among ordinary individuals are lagging behind. Over the medium and long terms, this will start to affect the overall quality of the strategic partnership between the United States and Poland. (2) Poland has actively participated in the global campaign against terrorism led by the United States. There is an indication that the threat of potential terrorist activities generated in Poland is actually smaller than that in most of the 27 countries currently participating in the visa waiver program established under section 217 of the Immigration and Nationality Act. Polish citizens have not been involved in any form of terrorist activities on the territory of the United States or against the interests of the United States overseas. (3) Since joining the North Atlantic Treaty Organization on March 12, 1999, Poland has proven to be a reliable partner and a capable guarantor of NATO security in Kosovo and Afghanistan. (4) From the first days of Operation Iraqi Freedom, Poland has been a staunch ally to the United States and has committed its soldiers to help with ongoing stabilization efforts in Iraq. (5) In recognition of the historic changes in our bilateral relations and motivated by the sincere need to enhance contacts between Polish and United States citizens, on April 15, 1991, Poland unilaterally repealed its visa obligation for United States citizens seeking to travel to Poland for a period of 90 days or less. (6) The Polish-American community of 9.3 million people contributed significantly to the development of the United States. (7) Since the movement known as ``Solidarity'' and the turning point of 1989, Poland has undergone great political, social, and economic changes. It has become a nation committed to traditional values, rules of law, freedom, and democracy. (8) On May 1, 2004, Poland became a member state of the vibrant European Union. Poland is a free market economy, and Poland's integration within the European structures has had a stabilizing effect on its economy. (9) More than 150,000 Polish citizens visited the United States in 2003. (10) Poland's visa refusal rate has declined dramatically, and it continues to decline. Nevertheless, the visa refusal rate is an arbitrary standard that is not an objective measurement because it does not reflect the propensity of nationals from Poland to violate the terms of their admission into the United States. (11) Poland participates in the work and travel program that allows about 25,000 Polish students to visit the United States each year. (12) Warsaw International Airport Okecie participates in the pilot program of voluntary passenger screening for passengers leaving Warsaw to fly to the United States. (13) If Poland is allowed to conditionally participate in the visa waiver program, the Polish government will develop and implement a campaign to prevent Polish citizens from remaining in the United States beyond their authorized period of admission or otherwise violating the terms of their admission into the United States. (14) The Polish government is committed to becoming a successful part of the visa waiver program. (15) Poland is ready to demonstrate that adequate safeguards against fraudulent use of its passports are in place, including proper storage of blank passports and sufficient screening of passport applicants. (16) Poland is determined to fulfill its obligations and introduce extremely safe passports for its citizens, including two mandatory biometric identifiers. This is in addition to satisfaction of the machine-readable requirements for passports described in the Immigration and Nationality Act. (17) On February 23, 2004, and May 11, 2004, the assemblies of New Jersey and Massachusetts, respectively, enacted resolutions urging the President and the Congress to make Poland eligible for the visa waiver program. SEC. 2. TEMPORARY AND CONDITIONAL DESIGNATIONS OF POLAND FOR VISA WAIVER PROGRAM. (a) Temporary Designation.-- (1) In general.--Effective on the date of the enactment of this Act, and notwithstanding section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)), Poland temporarily shall be designated a program country for purposes of the visa waiver program established under section 217 of such Act. (2) Expiration.--The temporary designation described in paragraph (1) shall expire on the date that is 18 months after the date of the enactment of this Act. (b) Review.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall determine the overstay rate for the portion of the period of temporary designation described in subsection (a) that has elapsed when the determination is made. Based on such calculation, the Secretary shall determine whether Poland permanently, but conditionally, shall be designated a program country for purposes of such visa waiver program. (c) Duration, Suspension, and Termination of Conditional Designation.-- (1) In general.--Notwithstanding any other provision of law, if the Secretary determines under subsection (b) that Poland permanently, but conditionally, shall be designated a program country, Poland shall continue to be a program country for purposes of the visa waiver program as long as the annual overstay rate for each fiscal year remains below 3 percent. (2) Suspension.--If the overstay rate for a fiscal year exceeds 3 percent, the Secretary of Homeland Security shall suspend the designation of Poland as a program country for purposes of the visa waiver program for a period of 1 year. (3) Termination.--If the annual overstay rate exceeds 3 percent for any two fiscal years (regardless of whether such years are consecutive), the Secretary of Homeland Security shall terminate the designation of Poland as a program country for purposes of the visa waiver program. (4) Redesignation.--The Secretary of Homeland Security may redesignate Poland as a program country without regard to any other law when the Secretary determines that Poland has established satisfactory new safeguards to ensure that the overstay rate will remain acceptably low. (d) Definition.--For purposes of this section, the term ``overstay rate'' means the percentage which-- (1) the total number of nationals of Poland who were admitted as nonimmigrant visitors during the applicable measurement period and who violated the terms of such admission; bears to (2) the total number of nationals of such country who applied for admission as nonimmigrant visitors during such period.

Temporarily designates Poland as a program country for purposes of the Immigration and Nationality Act's visa waiver program (VWP), notwithstanding designation requirements of current law. Requires the Secretary of Homeland Security to determine the nonimmigrant visa overstay rate for Polish nationals for the elapsed period of temporary designation and, based on such calculation, to determine whether Poland shall be designated permanently but conditionally for VWP purposes. States that, if permanently but conditionally designated, Poland shall remain a VWP country as long as the annual overstay rate remains below three percent. Requires the Secretary to: (1) suspend VWP designation for one year if the overstay rate exceeds three percent; and (2) terminate VWP designation if the overstay rate exceeds three percent for any two fiscal years, with the possibility of redesignation.

To designate Poland as a program country under the visa waiver program established under section 217 of the Immigration and Nationality Act, subject to special conditions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure Improvement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Municipality.--The term ``municipality'' has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). SEC. 3. INTEGRATED PLANS. (a) Integrated Plans.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(s) Integrated Plans.-- ``(1) Definition of integrated plan.--In this subsection, the term `integrated plan' means a plan developed in accordance with the Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued by the Environmental Protection Agency and dated June 5, 2012. ``(2) In general.--The Administrator (or a State, in the case of a permit program approved by the Administrator) shall inform municipalities of the opportunity to develop an integrated plan that may be incorporated into a permit under this section. ``(3) Scope.-- ``(A) Scope of permit incorporating integrated plan.--A permit issued under this section that incorporates an integrated plan may integrate all requirements under this Act addressed in the integrated plan, including requirements relating to-- ``(i) a combined sewer overflow; ``(ii) a capacity, management, operation, and maintenance program for sanitary sewer collection systems; ``(iii) a municipal stormwater discharge; ``(iv) a municipal wastewater discharge; and ``(v) a water quality-based effluent limitation to implement an applicable wasteload allocation in a total maximum daily load. ``(B) Inclusions in integrated plan.--An integrated plan incorporated into a permit issued under this section may include the implementation of-- ``(i) projects, including innovative projects, to reclaim, recycle, or reuse water; and ``(ii) green infrastructure. ``(4) Compliance schedules.-- ``(A) In general.--A permit issued under this section that incorporates an integrated plan may include a schedule of compliance, under which actions taken to meet any applicable water quality-based effluent limitation may be implemented over more than 1 permit term if the schedule of compliance-- ``(i) is authorized by State water quality standards; and ``(ii) meets the requirements of section 122.47 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subsection). ``(B) Time for compliance.--For purposes of subparagraph (A)(ii), the requirement of section 122.47 of title 40, Code of Federal Regulations, for compliance by an applicable statutory deadline under this Act does not prohibit implementation of an applicable water quality-based effluent limitation over more than 1 permit term. ``(C) Review.--A schedule of compliance incorporated into a permit issued under this section may be reviewed at the time the permit is renewed to determine whether the schedule should be modified. ``(5) Existing authorities retained.-- ``(A) Applicable standards.--Nothing in this subsection modifies any obligation to comply with applicable technology and water quality-based effluent limitations under this Act. ``(B) Flexibility.--Nothing in this subsection reduces or eliminates any flexibility available under this Act, including the authority of a State to revise a water quality standard after a use attainability analysis under section 131.10(g) of title 40, Code of Federal Regulations (or a successor regulation), subject to the approval of the Administrator under section 303(c). ``(6) Clarification of state authority.-- ``(A) In general.--Nothing in section 301(b)(1)(C) precludes a State from authorizing in the water quality standards of the State the issuance of a schedule of compliance to meet water quality-based effluent limitations in permits that incorporate provisions of an integrated plan. ``(B) Transition rule.--In any case in which a discharge is subject to a judicial order or consent decree, as of the date of enactment of this subsection, resolving an enforcement action under this Act, any schedule of compliance issued pursuant to an authorization in a State water quality standard may not revise a schedule of compliance in that order or decree to be less stringent, unless the order or decree is modified by agreement of the parties and the court.''. (b) Implementation of Integrated Plans Through Enforcement Tools.-- Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) Implementation of Integrated Plans.-- ``(1) In general.--In conjunction with an enforcement action under subsection (a) or (b) relating to municipal discharges, the Administrator shall inform a municipality of the opportunity to develop an integrated plan, as defined in section 402(s). ``(2) Modification.--Any municipality under an administrative order under subsection (a) or settlement agreement (including a judicial consent decree) under subsection (b) that has developed an integrated plan consistent with section 402(s) may request a modification of the administrative order or settlement agreement based on that integrated plan.''. (c) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and make publicly available, a report on each integrated plan developed and implemented through a permit, order, or judicial consent decree pursuant to the Federal Water Pollution Control Act since the date of publication of the ``Integrated Municipal Stormwater and Wastewater Planning Approach Framework'' issued by the Environmental Protection Agency and dated June 5, 2012, including a description of the control measures, levels of control, estimated costs, and compliance schedules for the requirements implemented through such an integrated plan. SEC. 4. MUNICIPAL OMBUDSMAN. (a) Establishment.--There is established within the Office of the Administrator an Office of the Municipal Ombudsman, to be headed by a Municipal Ombudsman. (b) General Duties.--The duties of the Municipal Ombudsman shall include the provision of-- (1) technical assistance to municipalities seeking to comply with the Federal Water Pollution Control Act; and (2) information to the Administrator to help the Administrator ensure that agency policies are implemented by all offices of the Environmental Protection Agency, including regional offices. (c) Actions Required.--The Municipal Ombudsman shall work with appropriate offices at the headquarters and regional offices of the Environmental Protection Agency to ensure that a municipality seeking assistance is provided information regarding-- (1) available Federal financial assistance for which the municipality is eligible; (2) flexibility available under the Federal Water Pollution Control Act; and (3) the opportunity to develop an integrated plan under section 402(s) of the Federal Water Pollution Control Act. (d) Information Sharing.--The Municipal Ombudsman shall publish on the website of the Environmental Protection Agency-- (1) general information relating to-- (A) the technical assistance referred to in subsection (b)(1); (B) the financial assistance referred to in subsection (c)(1); (C) the flexibility referred to in subsection (c)(2); and (D) any resources developed by the Administrator related to integrated plans under section 402(s) of the Federal Water Pollution Control Act; and (2) a copy of each permit, order, or judicial consent decree that implements or incorporates such an integrated plan. SEC. 5. GREEN INFRASTRUCTURE. (a) Definition.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(27) Green infrastructure.--The term `green infrastructure' means the range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters.''. (b) Green Infrastructure Promotion.--Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended-- (1) by redesignating section 519 as section 520; and (2) by inserting after section 518 the following: ``SEC. 519. GREEN INFRASTRUCTURE PROMOTION. ``(a) In General.--The Administrator shall promote the use of green infrastructure in, and coordinate the integration of green infrastructure into, permitting and enforcement under this Act, planning efforts, research, technical assistance, and funding guidance of the Environmental Protection Agency. ``(b) Coordination of Efforts.--The Administrator shall ensure that the Office of Water coordinates efforts to increase the use of green infrastructure with-- ``(1) other Federal departments and agencies; ``(2) State, tribal, and local governments; and ``(3) the private sector. ``(c) Regional Green Infrastructure Promotion.--The Administrator shall direct each regional office of the Environmental Protection Agency, as appropriate based on local factors, and consistent with the requirements of this Act, to promote and integrate the use of green infrastructure within the region, including through-- ``(1) outreach and training regarding green infrastructure implementation for State, tribal, and local governments, tribal communities, and the private sector; and ``(2) the incorporation of green infrastructure into permitting and other regulatory programs, codes, and ordinance development, including the requirements under consent decrees and settlement agreements in enforcement actions. ``(d) Green Infrastructure Information-Sharing.--The Administrator shall promote green infrastructure information-sharing, including through an internet website, to share information with, and provide technical assistance to, State, tribal, and local governments, tribal communities, the private sector, and the public, regarding green infrastructure approaches for-- ``(1) reducing water pollution; ``(2) protecting water resources; ``(3) complying with regulatory requirements; and ``(4) achieving other environmental, public health, and community goals.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Water Infrastructure Improvement Act (Sec. 3) This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to allow municipalities to develop a plan that integrates wastewater and stormwater management. A permit for a municipal discharge under the national pollutant discharge elimination system that incorporates an integrated plan may integrate all requirements under the Act addressed in the plan, such as requirements relating to combined sewer overflows, sanitary sewer collection systems, and total maximum daily loads. A plan that is incorporated into a permit may include the implementation of green infrastructure and projects to reclaim, recycle, or reuse water. Green infrastructure includes measures that mimic natural processes to store, reuse, or reduce stormwater. Those permits may include a schedule of compliance that allows actions for meeting water quality-based effluent limitations to be implemented over more than one permit term if the compliance schedules are authorized by state water quality standards. A municipality under an administrative order or settlement agreement may request a modification of the order or settlement based on the municipality's integrated plan. The EPA must report on each integrated plan developed and implemented through a permit, order, or judicial consent decree since June 5, 2012, including a description of the control measures, levels of control, estimated costs, and compliance schedules for the requirements implemented through such a plan. (Sec. 4) The bill establishes an Office of the Municipal Ombudsman in the Environmental Protection Agency (EPA) to provide: (1) technical assistance to municipalities seeking to comply with the Clean Water Act, and (2) information to the EPA to ensure that agency policies are implemented by all EPA offices. (Sec. 5) The EPA must promote the use of green infrastructure.

Water Infrastructure Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Commerce Enhancement Act of 2000''. TITLE I--ELECTRONIC COMMERCE SEC. 101. FINDINGS. The Congress finds the following: (1) Commercial transactions on the Internet, whether retail business-to-customer or business-to-business, are commonly called electronic commerce. (2) In the United States, business-to-business transactions between small and medium-sized manufacturers and other such businesses and their suppliers is rapidly growing, as many of these businesses begin to use Internet connections for supply- chain management, after-sales support, and payments. (3) Small and medium-sized manufacturers and other such businesses play a critical role in the United States economy. (4) Electronic commerce can help small and medium-sized manufacturers and other such businesses develop new products and markets, interact more quickly and efficiently with suppliers and customers, and improve productivity by increasing efficiency and reducing transaction costs and paperwork. Small and medium-sized manufacturers and other such businesses who fully exploit the potential of electronic commerce activities can use it to interact with customers, suppliers, and the public, and for external support functions such as personnel services and employee training. (5) The National Institute of Standards and Technology's Manufacturing Extension Partnership program has a successful record of assisting small and medium-sized manufacturers and other such businesses. In addition, the Manufacturing Extension Partnership program, working with the Small Business Administration, successfully assisted United States small enterprises in remediating their Y2K computer problems. (6) A critical element of electronic commerce is the ability of different electronic commerce systems to exchange information. The continued growth of electronic commerce will be enhanced by the development of private voluntary interoperability standards and testbeds to ensure the compatibility of different systems. SEC. 102. REPORT ON THE UTILIZATION OF ELECTRONIC COMMERCE. (a) Advisory Panel.--The Director of the National Institute of Standards and Technology (in this title referred to as the ``Director'') shall establish an Advisory Panel to report on the challenges facing small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. The Advisory Panel shall be comprised of representatives of the Technology Administration, the National Institute of Standards and Technology's Manufacturing Extension Partnership program established under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), the Small Business Administration, and other relevant parties as identified by the Director. (b) Initial Report.--Within 12 months after the date of the enactment of this Act, the Advisory Panel shall report to the Director and to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the immediate requirements of small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. The report shall-- (1) describe the current utilization of electronic commerce practices by small and medium-sized manufacturers and other such businesses, detailing the different levels between business-to-retail customer and business-to-business transactions; (2) describe and assess the utilization and need for encryption and electronic authentication components and electronically stored data security in electronic commerce for small and medium-sized manufacturers and other such businesses; (3) identify the impact and problems of interoperability to electronic commerce, and include an economic assessment; and (4) include a preliminary assessment of the appropriate role of, and recommendations for, the Manufacturing Extension Partnership program to assist small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. (c) Final Report.--Within 18 months after the date of the enactment of this Act, the Advisory Panel shall report to the Director and to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a 3-year assessment of the needs of small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. The report shall include-- (1) a 3-year planning document for the Manufacturing Extension Partnership program in the field of electronic commerce; and (2) recommendations, if necessary, for the National Institute of Standards and Technology to address interoperability issues in the field of electronic commerce. SEC. 103. ELECTRONIC COMMERCE PILOT PROGRAM. The National Institute of Standards and Technology's Manufacturing Extension Partnership program, in consultation with the Small Business Administration, shall establish a pilot program to assist small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. The goal of the pilot program shall be to provide small and medium-sized manufacturers and other such businesses with the information they need to make informed decisions in utilizing electronic commerce-related goods and services. Such program shall be implemented through a competitive grants program for existing Regional Centers for the Transfer of Manufacturing Technology established under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k). In carrying out this section, the Manufacturing Extension Partnership program shall consult with the Advisory Panel and utilize the Advisory Panel's reports. TITLE II--ENTERPRISE INTEGRATION SEC. 201. ENTERPRISE INTEGRATION ASSESSMENT AND PLAN. (a) Assessment.--The Director shall work to identify critical enterprise integration standards and implementation activities for major manufacturing industries underway in the United States. For each major manufacturing industry, the Director shall work with industry representatives and organizations currently engaged in enterprise integration activities and other appropriate representatives as necessary. They shall assess the current state of enterprise integration within the industry, identify the remaining steps in achieving enterprise integration, and work toward agreement on the roles of the National Institute of Standards and Technology and of the private sector in that process. Within 90 days after the date of the enactment of this Act, the Director shall report to the Congress on these matters and on anticipated related National Institute of Standards and Technology activities for the then current fiscal year. (b) Plans and Reports.--Within 180 days after the date of the enactment of this Act, the Director shall submit to the Congress a plan for enterprise integration for each major manufacturing industry, including milestones for the National Institute of Standards and Technology portion of the plan, the dates of likely achievement of those milestones, and anticipated costs to the Government and industry by fiscal year. Updates of the plans and a progress report for the past year shall be submitted annually until for a given industry, in the opinion of the Director, enterprise integration has been achieved. SEC. 202. DEFINITIONS. For purposes of this title-- (1) the term ``Director'' means the Director of the National Institute of Standards and Technology; (2) the term ``enterprise integration'' means the electronic linkage of manufacturers, assemblers, and suppliers to enable the electronic exchange of product, manufacturing, and other business data among all businesses in a product supply chain, and such term includes related application protocols and other related standards; and (3) the term ``major manufacturing industry'' includes the aerospace, automotive, electronics, shipbuilding, construction, home building, furniture, textile, and apparel industries and such other industries as the Director designates. Passed the House of Representatives September 26, 2000. Attest: JEFF TRANDAHL, Clerk.

Requires the MEP program to: (1) establish a pilot program to assist such manufacturers and businesses in integrating and utilizing electronic commerce technologies and business practices through a competitive grants program; and (2) consult with the Panel and utilize the Panel's reports. Title II: Enterprise Integration - Requires the Director to: (1) identify current critical enterprise integration standards and implementation activities for major manufacturing industries; (2) report to Congress on such matters and anticipated related NIST activities for that fiscal year; and (3) submit to Congress a plan for enterprise integration for each major manufacturing industry (requiring annual plan updates).

Electronic Commerce Enhancement Act of 2000

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Land Management Agency Housing Improvement Act of 1994''. SEC. 2. DEFINITIONS. As used in this Act, the term-- (1) ``public lands'' means Federal lands administered by the Secretary of the Interior or the Secretary of Agriculture; and (2) ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture. SEC. 3. EMPLOYEE HOUSING. (a)(1) To promote the recruitment and retention of qualified personnel necessary for the effective management of public lands, the Secretaries are authorized to-- (A) make employee housing available, subject to the limitations set forth in paragraph (2), on or off public lands, and (B) rent or lease such housing to employees of the respective Department at a reasonable value. (2)(A) Housing made available on public lands shall be limited to those areas designated for administrative use. (B) No private lands or interests therein outside of the boundaries of federally administered areas may be acquired for the purposes of this Act except with the consent of the owner thereof. (b) The Secretaries shall provide such housing in accordance with this Act and section 5911 of title 5, United States Code, except that for the purposes of this Act, the term-- (1) ``availability of quarters'' (as used in this Act and subsection (b) of section 5911) means the existence, within thirty miles of the employee's duty station, of well- constructed and maintained housing suitable to the individual and family needs of the employee, for which the rental rate as a percentage of the employee's annual gross income does not exceed the most recent Census Bureau American Housing Survey median monthly housing cost for renters inclusive of utilities, as a percentage of current income, whether paid as part of rent or paid directly to a third party; (2) ``contract'' (as used in this Act and subsection (b) of section 5911) includes, but is not limited to, ``Build-to- Lease'', ``Rental Guarantee'', ``Joint Development'' or other lease agreements entered into by the Secretary, on or off public lands, for the purposes of sub-leasing to Departmental employees; and (3) ``reasonable value'' (as used in this Act and subsection (c) of section 5911) means the base rental rate comparable to private rental rates for comparable housing facilities and associated amenities: Provided, That the base rental rate as a percentage of the employee's annual gross income shall not exceed the most recent American Housing Survey median monthly housing cost for renters inclusive of utilities, as a percentage of current income, whether paid as part of rent or paid directly to a third party. (c) Subject to appropriation, the Secretaries may enter into contracts and agreements with public and private entities to provide employee housing on or off public lands. (d) The Secretaries may enter into cooperative agreements or joint ventures with local governmental and private entities, either on or off public lands, to provide appropriate and necessary utility and other infrastructure facilities in support of employee housing facilities provided under this Act. SEC. 4. SURVEY OF RENTAL QUARTERS. The Secretaries shall conduct a survey of the availability of quarters at field units under each Secretary's jurisdiction at least every five years. If such survey indicates that government owned or suitable privately owned quarters are not available as defined in section 3(b)(1) of this Act for the personnel assigned to a specific duty station, the Secretaries are authorized to provide suitable quarters in accordance with the provisions of this Act. For the purposes of this section, the term ``suitable quarters'' means well- constructed, maintained housing suitable to the individual and family needs of the employee. SEC. 5. SECONDARY QUARTERS. (a) The Secretaries may determine that secondary quarters for employees who are permanently duty stationed at remote locations and are regularly required to relocate for temporary periods are necessary for the effective administration of an area under the jurisdiction of the respective agency. Such secondary quarters are authorized to be made available to employees, either on or off public lands, in accordance with the provisions of this Act. (b) Rental rates for such secondary facilities shall be established so that the aggregate rental rate paid by an employee for both primary and secondary quarters as a percentage of the employee's annual gross income shall not exceed the Census Bureau American Housing Survey median monthly housing cost for renters inclusive of utilities as a percentage of current income, whether paid as part of rent or paid directly to a third party. SEC. 6. SURVEY OF EXISTING FACILITIES. (a) Within two years after the date of enactment of this Act, the Secretaries shall survey all existing government owned employee housing facilities under the jurisdiction of the Department of the Interior and the Department of Agriculture, to assess the physical condition of such housing and the suitability of such housing for the effective prosecution of the agency mission. The Secretaries shall develop an agency-wide priority listing, by structure, identifying those units in greatest need of repair, rehabilitation, replacement or initial construction, as appropriate. The survey and priority listing study shall be transmitted to the Committees on Appropriations and Energy and Natural Resources of the United States Senate and the Committees on Appropriations and Natural Resources of the United States House of Representatives. (b) Unless otherwise provided by law, expenditure of any funds appropriated for construction, repair or rehabilitation shall follow, in sequential order, the priority listing established by each agency. Funding available from other sources for employee housing repair may be distributed as determined by the Secretaries. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Passed the Senate June 16 (legislative day, June 7), 1994. Attest: MARTHA S. POPE, Secretary.

Land Management Agency Housing Improvement Act of 1994 - Authorizes the Secretaries of the Interior and of Agriculture to make employee housing available on or off public lands and to rent or lease housing to employees at a reasonable value. Directs the Secretaries to conduct a survey of the availability of quarters at field units at least every five years. Authorizes the Secretaries to provide suitable quarters under this Act if such survey indicates that government owned or suitable privately owned quarters are not available to the personnel assigned to a specific duty station. Authorizes the Secretaries to: (1) determine that secondary quarters for employees who are permanently duty stationed at remote locations and are regularly required to relocate for temporary periods are necessary for the effective administration of an area; and (2) make such secondary quarters available to employees either on or off public lands. Requires the Secretaries to survey all existing government owned employee housing facilities under the jurisdiction of the Departments of the Interior and of Agriculture to assess physical condition and suitability. Directs the Secretaries to develop an agency-wide priority listing, by structure, identifying those units in greatest need of repair, rehabilitation, replacement, or initial construction and to transmit such survey and listing to specified congressional committees. Specifies that: (1) unless otherwise provided by law, expenditure of any funds appropriated for construction, repair, or rehabilitation shall follow the priority listing established by each agency; and (2) funding available from other sources for employee housing repair may be distributed as determined by the Secretaries. Authorizes appropriations.

Land Management Agency Housing Improvement Act of 1994

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Children's Act for Responsible Employment of 2001'' or ``CARE Act''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). SEC. 2. AGRICULTURAL EMPLOYMENT. Section 13(c) (29 U.S.C. 213(c)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) The provisions of section 12 relating to child labor shall not apply to any employee employed in agriculture outside of school hours in the school district where such employee is living while he or she is so employed, if such employee is employed by his or her parent, grandparent, aunt, uncle, first cousin, or legal guardian, on a farm that is owned or operated by such parent, grandparent, aunt, uncle, first cousin, or legal guardian.''; and (2) by striking paragraphs (2) and (4). SEC. 3. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS. (a) Civil Money Penalties.--Section 16(e) (29 U.S.C. 216(e)) is amended in the first sentence-- (1) by striking ``$10,000'' and inserting ``$15,000''; (2) by inserting after ``subject to a civil penalty of'' the following: ``not less than $500 and''. (b) Penalties for Violations Resulting in Serious Bodily Injury, Serious Illness, or Death.--Section 16 (29 U.S.C. 216) is amended by adding at the end the following: ``(f) Any employer who violates section 12 shall be liable for such legal or equitable relief as may be appropriate where such violation results in serious bodily injury to, serious illness, or the death of a minor. An action to recover such relief may be brought against any employer in a Federal or State court of competent jurisdiction, without regard to the amount in controversy, by any employee subject to the protections of section 12 or by the employee's legal guardian or the employee's survivors. The court in such action shall, in addition to any other judgment awarded to the plaintiff, allow a reasonable attorney's fee to be paid by the defendant and the costs of the action. If the employee, the employee's legal guardian, or the employee's survivors collect a judgment under this subsection and also seek recovery for the same violation through State worker's compensation laws, the provisions of this subsection shall not be construed to prohibit a State from electing to offset recovery obtained under this subsection against recovery provided through such State worker's compensation laws. A court, in a case described in the preceding sentence, may consider the amount recovered under any State worker's compensation laws in awarding relief under this subsection.''. (c) Criminal Penalties.--Section 16(a) (29 U.S.C. 216(a)) is amended by adding at the end the following: ``Any person who violates the provisions of section 15(a)(4), concerning oppressive child labor, shall on conviction be subject to a fine of not more than $15,000 (notwithstanding any provision of section 3571 of title 18, United States Code, to the contrary), or to imprisonment for not more than 5 years, or both, in the case of a willful or repeat violation that results in or contributes to a fatality of a minor employee or a permanent disability of a minor employee, or a violation which is concurrent with a criminal violation of any other provision of this Act or of any other Federal or State law.''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to preempt any State law that provides protections or remedies for employees that are greater than the protections or remedies provided under such amendments. SEC. 4. REPORTING AND RECORD-KEEPING. Section 12 (29 U.S.C. 212) is amended by adding at the end the following: ``(e)(1) The Secretary and the Director of the Bureau of the Census of the United States shall biannually compile data from respective State employment security agencies and from other sources in all the States concerning-- ``(A) the types of industries and occupations in which children under the age of 18 are employed; and ``(B) cases in which it was determined that children were employed in violation of this section. ``(2) Each employer who employs an individual in a State under the age of 18 shall report to the State employment security agency in the State on any injury to such individual that results in lost employment time or any illness such individual incurred while at work. Such report shall include the age of the individual, the nature of the job in which the individual is employed (including large-scale, commercial agriculture), the circumstances surrounding the injury or illness to such individual, and the report of the physician and health care facility which dealt with such injury or illness. ``(3) Beginning on January 1, 2003, the Secretary, in conjunction with the Secretary of Health and Human Services, shall issue a biannual report on the status of child labor in the United States and its attendant safety and health hazards.''. SEC. 5. COORDINATION. Section 4 (29 U.S.C. 204) is amended by adding at the end the following: ``(g) The Secretary shall encourage and establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Upon the request of the Secretary, and to the extent permissible under applicable law, State and local government agencies with information regarding injuries and deaths of employees shall submit such information to the Secretary for use as appropriate in the enforcement of section 12 and in the promulgation and interpretation of the regulations and orders authorized by section 3(l). The Secretary may reimburse such State and local government agencies for such services.''. SEC. 6. REGULATIONS. Not later than ____ days after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations to carry out this Act and the amendments made by this Act. Such regulations shall take effect not later than ____ days after the date of such promulgation. SEC. 7. AUTHORIZATION. There is authorized to be appropriated to the Secretary of Labor such sums as may be necessary for to carry out this Act and the amendments made by this Act. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date on which the regulations promulgated under section 6 take effect.

Children's Act for Responsible Employment of 2001 - CARE Act - Amends the Fair Labor Standards Act of 1938 to repeal certain exemptions from child labor prohibitions for agricultural employment.Applies the same age restrictions to agricultural employment as to other forms of employment. Limits exemptions to agricultural labor outside of school hours, if the individual is employed by a specified family member on the member's farm. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment.Increases civil and criminal penalties for child labor violations.Directs the Secretary of Labor and the Director of the Bureau of the Census to compile data biannually from State employment security agencies and from other sources in all the States concerning: (1) the types of industries and occupations in which children under the age of 18 are employed; and (2) cases in which children were employed in violation of Federal child labor prohibitions. Requires each employer to report to the State employment security agency on any injury to an employee under age 18 that results in lost employment time or any illness such individual incurred while at work.Directs the Secretary to establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Requires State and local government agencies to inform the Secretary, upon request, about employee injuries and deaths.

A bill to amend the Fair Labor Standards Act of 1938 to reform the provisions relating to child labor.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bereaved Consumer's Bill of Rights Act of 2010''. SEC. 2. FINDINGS. Congress finds that-- (1) there have been shocking consumer abuses in the funeral industry, including scandals at Burr Oak Cemetery in Alsip, Illinois, Menorah Gardens Cemetery in Palm Beach, Florida, and the Tri State Crematory in Noble, Georgia; (2) funeral arrangements are a major expense for most American households and families; (3) some consumers seek to ease the burdens on their families by arranging and paying for pre-need funeral and cemetery arrangements; (4) most funerals are planned by grieving family members at a time when they are especially vulnerable and unlikely to focus on cost comparison; (5) the Federal Trade Commission's Funeral Industry Practices Trade Regulation Rule (known as the Funeral Rule) dictates consumer protections in the funeral home, but does not cover the practices of cemeteries, crematoria, or sellers of monuments, urns, or caskets; (6) State laws are inconsistent and frequently too weak to provide adequate consumer protections, creating a need for minimum federal standards in this area; (7) consumers have the right to receive clear and accurate information about all funeral goods and services offered for sale; (8) consumers need effective protection from fraud and abusive practices by all providers of funeral goods and services and at all stages of the funeral planning process; and (9) a new Federal law that provides adequate protections to grieving families is warranted. SEC. 3. FTC RULEMAKING RELATING TO UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN THE PROVISION OF FUNERAL GOODS OR SERVICES. (a) In General.--The Federal Trade Commission shall prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services. Such rules shall include the following: (1) A requirement that providers of funeral goods or funeral services furnish accurate price information disclosing clearly and conspicuously the cost to the purchaser for each of the specific funeral goods or funeral services provided or offered for sale. (2) A prohibition on misrepresentations by such providers, including misrepresentations of the requirements of Federal, State, or local law. (3) A prohibition on conditioning the provision of any funeral good or funeral service upon the purchase of any other funeral good or funeral service from that provider, except as required by law. (4) A requirement that any presale disclosures and contracts for funeral services or funeral goods be written clearly, stating the merchandise and services that purchasers are buying and their prices. (5) In the case of contracts for funeral services or funeral goods that are pre-paid in whole or in part, a requirement for clear and conspicuous presale and contractual disclosure regarding any penalties incurred if the consumer decides to cancel or transfer the contract to another provider of funeral services or funeral goods. (6) A requirement that contracts for funeral services or funeral goods disclose clearly and conspicuously all fees and costs to be incurred in the future or at the time that the funeral services or funeral goods are provided. (7) A requirement that cemeteries provide to consumers, in a timely manner, all written rules and regulations of the cemetery, and a clear explanation in writing of the interment, inurnment, or entombment right that has been purchased, and any material terms and conditions of that purchase, including any repurchase option by the cemetery or resale rights available to the consumer. (8) A requirement that cemeteries-- (A) retain all records in existence on the date of enactment of this Act, including maps or other systems indicating the location and date of each interment, inurnment, or entombment; (B) accurately record and retain records of all interments, inurnments, or entombments occurring, as well as any internment, inurnment, or entombment rights sold, after the effective date of the regulations issued under this subsection, in such manner and form as the Commission may prescribe in such regulations; and (C) make such records available to Federal, State, and local governments, as appropriate. (b) Rulemaking.--The Commission shall prescribe the rules under subsection (a) within 1 year after the date of enactment of this Act. Such rules, and any future rules or revision of rules prescribed by the Commission prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services, shall be prescribed in accordance with section 553 of title 5, United States Code. (c) Application of Rules to Tax Exempt Organizations and States.-- Notwithstanding the definition of corporation in section 4 of the Federal Trade Commission Act (15 U.S.C. 44), the rules prescribed under subsection (a), and any future rules or revision of rules prescribed by the Commission prohibiting unfair or deceptive acts or practices in the provision of funeral goods or funeral services, shall also apply to cemeteries organized or operated by-- (1) organizations described in section 501(c) of the Internal Revenue Code of 1986 that are exempt from taxation under section 501(a) of such Code, except for cemeteries organized, operated, managed, and owned by a religious denomination, middle judicatory, house of worship, or similar religious organization, and that are not organized, operated, managed, or owned by contract or affiliation with a for-profit provider of funeral goods or services that offers those goods and services for sale to the public; and (2) States or any political subdivision of a State. (d) Enforcement.--Any violation of any rule prescribed under this section shall be treated as a violation of a regulation prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. Any person who violates the regulations prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. SEC. 4. ENFORCEMENT BY STATES. (a) In General.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in an act or practice which violates any rule of the Commission issued under section 3 of this Act or the Trade Regulation Rule on Funeral Industry Practices (16 C.F.R. 453.1 et seq.), the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such violative act or practice, to enforce compliance with such rule of the Commission, to obtain damages, restitution, or other compensation on behalf of residents of such State, or to obtain such further and other relief as the court may determine appropriate. (b) Notice.--The State shall provide prior written notice of any civil action under subsection (a) or (f)(2) to the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right-- (1) to intervene in such action; (2) upon so intervening, to be heard on all matters arising therein; (3) to remove the action to the appropriate United States district court; and (4) to file petitions for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this Act shall prevent an attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by Commission.--Whenever a civil action has been instituted by or on behalf of the Commission for violation of any rule prescribed under section 3 of this Act, no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) or (f)(2) of this section against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (e) Venue; Service of Process.--Any civil action brought under subsection (a) of this section in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. (f) Actions by Other State Officials.-- (1) Construction.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (2) Other state actions.--In addition to actions brought by an attorney general of a State under subsection (a) of this section, such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents. SEC. 5. EFFECT ON OTHER LAW. Nothing in this Act or the rules prescribed under this Act shall be construed to preempt any provision of any law of a State or political subdivision of that State that provides protections to consumers of funeral services or funeral goods, except to the extent that the provision of law is inconsistent with any provision of this Act or a rule prescribed under this Act, and then only to the extent of the inconsistency. SEC. 6. DEFINITIONS. In this Act-- (1) the term ``cemetery'' means any organization, association or other business that offers for sale the interment, inurnment, or entombment of human remains, but does not include any cemetery that-- (A) performs fewer than 25 interments, inurnments, and entombments during any calendar year; or (B) sells fewer than 25 interment, inurnment, or entombment rights during any calendar year; (2) the term ``funeral goods'' are the goods which are sold or offered for sale directly to the public for use in connection with funeral services; and (3) the term ``funeral services'' means-- (A) any services which are sold or offered for sale to the public in order to-- (i) care for and prepare deceased human bodies for burial, cremation, or other final disposition; or (ii) arrange, supervise, or conduct the funeral ceremony or the final disposition of deceased human bodies; or (B) services provided by funeral directors, morticians, cemeterians, cremationists, and retailers of caskets, urns, monuments, and markers.

Bereaved Consumer's Bill of Rights Act of 2010 - Directs the Federal Trade Commission (FTC) to prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services.  Includes among such rules: (1) a requirement that price information be disclosed clearly and conspicuously; (2) a prohibition on misrepresentations or conditioning the provision of goods or services upon the purchase of other goods or services from the provider; (3) a requirement that any presale disclosures and contracts are written clearly, stating the merchandise, services, and prices and disclosing any penalties for canceling or transferring a contract; (4) a requirement that cemeteries provide to consumers all written rules and regulations of the cemetery and all material terms and conditions of purchase; and (5) a requirement that cemeteries retain all records in existence on the date of enactment of this Act and accurately record and retain records of interments, inurnments, or entombments. Applies such rules to states or political subdivisions and tax-exempt organizations.  Excludes cemeteries organized, operated, managed, and owned by a  religious organization and that are not affiliated with a for-profit provider offering funeral goods and services for sale to the public. Gives standing to states to bring a civil action for violations of this Act.

To direct the Federal Trade Commission to establish rules to prohibit unfair or deceptive acts or practices related to the provision of funeral services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Population Fund (UNFPA) Funding Act of 1999''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The renewed commitment of the world community to the formulation of government policies that contribute to global population stabilization and to improvements in the status of women owes much to the efforts of the United Nations and its specialized agencies and organizations, particularly the United Nations Population Fund (UNFPA). (2) Over one-half of the UNFPA's assistance is devoted to maternal and child health programs, including the provision of family planning services, and it is a major supplier of modern methods of contraception. UNFPA also supports efforts aimed at preventing the spread of HIV/AIDS and other sexually- transmitted diseases and activities aimed specifically at enhancing the status of women. (3) UNFPA does not fund abortion services, rather, UNFPA seeks to reduce the incidence of abortion by improving access to contraceptive services and to reduce deaths and injuries related to unsafe abortion by supporting treatment of women suffering from its complications. (4) Operating in over 160 nations in all regions of the world and as a politically neutral source of funds, UNFPA complements the important work of the United States Agency for International Development population assistance program. (5) As a result of the withdrawal of the United States contribution to UNFPA as of 1999, it is estimated that 870,000 women in the developing world will be deprived of effective modern contraception, leading to 500,000 unintended pregnancies, 234,000 births, 200,000 abortions, and thousands of maternal and child deaths. (6) Many global environmental problems, including water shortages, pollution, tropical deforestation, and the loss of wildlife habitat are linked to rapid population growth. UNFPA has assisted countries around the world plan for and slow population growth, therefore reducing its effects on the environment. (7) Assistance provided by UNFPA conforms to the principle, affirmed at the 1994 International Conference on Population and Development by 180 nations, including the United States, that ``all couples and individuals have the basic right to decide freely and responsibly the number and spacing of their children and to have the information, education, and means to do so.''. (8) UNFPA opposes coercion in any form. All of UNFPA's programs are designed in conformity with universally recognized human rights principles. (9) An appropriate way to express the legitimate concerns of the United States Government about the population policies of the People's Republic of China is by placing those concerns on the bilateral agenda along with other important human rights issues, not by singling out a United Nations agency by withholding all funding thereby punishing the women and families around the world who depend on its humanitarian aid. (10) UNFPA can and should play a constructive role in helping to reduce the incidence of coercive practices in China through its new country program that aims to expand voluntarism and contraceptive method choice, to strengthen a broader range of reproductive health services, and to enhance the status of women. SEC. 3. RESTORATION OF THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND. In addition to amounts otherwise available to carry out the purposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961, there are authorized to be appropriated $25,000,000 for fiscal year 2000 and $35,000,000 for fiscal year 2001 to be available only for United States voluntary contributions to the United Nations Population Fund. SEC. 4. LIMITATION ON THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND. (a) Limitation.--Notwithstanding any other provision of law, of the funds appropriated for voluntary contributions to the United Nations Population Fund for each of the fiscal years 2000 and 2001, an amount equal to the amount allocated by the United Nations Population Fund for the country program in the People's Republic of China during each fiscal year shall be withheld from obligation and expenditure unless during such fiscal year, the President submits to the appropriate congressional committees the certification described in subsection (b). (b) Certification.--The President shall certify that the country program of the United Nations Population Fund in the People's Republic of China-- (1) focuses on improving the delivery of voluntary family planning information and services; (2) is designed in conformity with the human rights principles affirmed at the International Conference on Population and Development with the support of 180 nations including the United States; (3) is implemented only in counties of the People's Republic of China where all quotas and targets for the recruitment of program participants have been abolished and the use of coercive measures has been eliminated; (4) is carried out in consultation with and under the oversight and approval of the UNFPA executive board, including the United States representative; (5) is subject to regular, independent monitoring to ensure compliance with the principles of informed consent and voluntary participation; and (6) suspends operations in project counties found to be in violation of program guidelines.

United Nations Population Fund (UNFPA) Funding Act of 1999 - Authorizes appropriations for FY 2000 and 2001 for U.S. voluntary contributions to the United Nations Population Fund. Withholds from the U.S. voluntary contribution to the UNFPA amounts allocated by the UNFPA for the country program in China, unless the President certifies to the appropriate congressional committees that the UNFPA country program in China: (1) focuses on improving the delivery of voluntary family planning information and services; (2) is in conformity with the human rights principles affirmed at the International Conference on Population and Development with the support of 180 nations including the United States; (3) is implemented only in counties of China where all quotas and targets for the recruitment of program participants have been abolished and the use of coercive measures has been eliminated; (4) is carried out in consultation with and under the oversight and approval of the UNFPA executive board, including the U.S. representative; (5) is subject to regular, independent monitoring to ensure compliance with the principles of informed consent and voluntary participation; and (6) suspends operations in project counties found to be in violation of program guidelines.

United Nations Population Fund (UNFPA) Funding Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Enhanced Rescission/Receipts Act of 1993''. SEC. 2. LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY. (a) In General.--Notwithstanding the provisions of part B of title X of The Congressional Budget and Impoundment Control Act of 1974, and subject to the provisions of this section, the President may rescind all or part of any discretionary budget authority or veto any targeted tax benefit within any revenue bill which is subject to the terms of this Act if the President-- (1) determines that-- (A) such rescission or veto would help reduce the Federal budget deficit; (B) such rescission or veto will not impair any essential Government functions; and (C) such rescission or veto will not harm the national interest; and (2) notifies the Congress of such rescission or veto by a special message not later than twenty calendar days (not including Saturdays, Sundays, or holidays) after the date of enactment of a regular or supplemental appropriation act or a joint resolution making continuing appropriations providing such budget authority or a revenue bill containing a targeted tax benefit. The President shall submit a separate rescission message for each appropriation bill and for each revenue bill under this paragraph. SEC. 3. RESCISSION EFFECTIVE UNLESS DISAPPROVED. (a)(1) Any amount of budget authority rescinded under this Act as set forth in a special message by the President shall be deemed canceled unless, during the period described in subsection (b), a rescission/receipts disapproval bill making available all of the amount rescinded is enacted into law. (2) Any provision of law vetoed under this Act as set forth in a special message by the President shall be deemed repealed unless, during the period described in subsection (b), a rescission/receipts disapproval bill restoring that provision is enacted into law. (b) The period referred to in subsection (a) is-- (1) a congressional review period of twenty calendar days of session during which Congress must complete action on the rescission/receipts disapproval bill and present such bill to the President for approval or disapproval; (2) after the period provided in paragraph (1), an additional ten days (not including Sundays) during which the President may exercise his authority to sign or veto the rescission/receipts disapproval bill; and (3) if the President vetoes the rescission/receipts disapproval bill during the period provided in paragraph (2), an additional five calendar days of session after the date of the veto. (c) If a special message is transmitted by the President under this Act and the last session of the Congress adjourns sine die before the expiration of the period described in subsection (b), the rescission or veto, as the case may be, shall not take effect. The message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the review period referred to in subsection (b) (with respect to such message) shall run beginning after such first day. SEC. 4. DEFINITIONS. As used in this Act: (1) The term ``rescission/receipts disapproval bill'' means a bill or joint resolution which-- (A) only disapproves a rescission of budget authority, in whole, rescinded, or (B) only disapproves a veto of any provision of law that would decrease receipts, in a special message transmitted by the President under this Act. (2) The term ``calendar days of session'' shall mean only those days on which both Houses of Congress are in session. (3) The term ``targeted tax benefit'' means any provision which has the practical effect of providing a benefit in the form of a differential treatment to a particular taxpayer or a limited class of taxpayers, whether or not such provision is limited by its terms to a particular taxpayer or a class of taxpayers. Such term does not include any benefit provided to a class of taxpayers distinguished on the basis of general demographic conditions such as income, number of dependents, or marital status. SEC. 5. CONGRESSIONAL CONSIDERATION OF LEGISLATIVE LINE ITEM VETO RESCISSIONS. (a) Presidential Special Message.--Whenever the President rescinds any budget authority as provided in this Act or vetoes any provision of law as provided in this Act, the President shall transmit to both Houses of Congress a special message specifying-- (1) the amount of budget authority rescinded or the provision vetoed; (2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved; (3) the reasons and justifications for the determination to rescind budget authority or veto any provision pursuant to this Act; (4) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the rescission or veto; and (5) all factions, circumstances, and considerations relating to or bearing upon the rescission or veto and the decision to effect the rescission or veto, and to the maximum extent practicable, the estimated effect of the rescission upon the objects, purposes, and programs for which the budget authority is provided. (b) Transmission of Messages to House and Senate.-- (1) Each special message transmitted under this Act shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each special message so transmitted shall be referred to the appropriate committees of the House of Representatives and the Senate. Each such message shall be printed as a document of each House. (2) Any special message transmitted under this Act shall be printed in the first issue of the Federal Register published after such transmittal. (c) Referral of Rescission/Receipts Disapproval Bills.--Any rescission/receipts disapproval bill introduced with respect to a special message shall be referred to the appropriate committees of the House of Representatives or the Senate, as the case may be. (d) Consideration in the Senate.-- (1) Any rescission/receipts disapproval bill received in the Senate from the House shall be considered in the Senate pursuant to the provisions of this Act. (2) Debate in the Senate on any rescission/receipts disapproval bill and debatable motions and appeals in connection therewith, shall be limited to not more than ten hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motions or appeal in connection with such bill shall be limited to one hour, to be equally divided between, and controlled by the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of the bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days not to exceed one, not counting any day on which the Senate is not in session) is not in order. (e) Points of Order.-- (1) It shall not be in order in the Senate or the House of Representatives to consider any rescission/receipts disapproval bill that relates to any matter other than the rescission of budget authority or veto of the provision of law transmitted by the President under this Act. (2) It shall not be in order in the Senate or the House of Representatives to consider any amendment to a rescission/ receipts disapproval bill. (3) Paragraphs (1) and (2) may be waived or suspended in the Senate only by a vote of three-fifths of the members duly chosen and sworn.

Enhanced Rescission/Receipts Act of 1993 - Grants the President legislative line item veto rescission authority over appropriation bills and targeted tax benefits in revenue bills. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would reduce the Federal budget deficit; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by special message not later than 20 calendar days after enactment of appropriations or revenue legislation. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission/receipts disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission/receipts disapproval legislation in the Senate and the House of Representatives.

Enhanced Rescission/Receipts Act of 1993

SECTION 1. TEACHER RECRUITMENT. (a) Future Math and Science Teacher Recruitment.--Title V of the Higher Education Act of 1965 (20 U.S.C. 1102 et seq.) is amended by adding at the end the following new part: ``PART G--FUTURE MATH AND SCIENCE TEACHER RECRUITMENT ``SEC. 599A. SHORT TITLE; FINDINGS. ``(a) Short Title.--This part may be cited as the `Recruit and Reward Future Math and Science Teachers of America Act of 1998'. ``(b) Findings.--Congress finds the following: ``(1) United States high school students rank 12th and 19th, respectively, in science and math out of 25 countries. ``(2) Of United States high school students who take physical science and math courses, 48 percent and 49 percent, respectively, are taught by teachers who did not prepare in that field. ``(3) Teachers' knowledge and skills powerfully influence student learning. ``(4) More than 2,000,000 teachers will need to be hired over the next decade. ``(5) The ability of the United States to place highly qualified math and science teachers specializing in their field of instruction will depend on proactive policies that increase funding for teacher training, recruitment, and induction. ``SEC. 599B. PURPOSE; APPROPRIATIONS AUTHORIZED. ``(a) Purpose.--It is the purpose of this part to make available, through a pilot program, 500 scholarship grants and stipends to outstanding students enrolled in a nationally accredited teacher training graduate program who are committed to pursuing careers teaching math and science at an urban or rural secondary level classroom. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $5,000,000 in each of the fiscal years 1999, 2000, and 2001. ``SEC. 599C. SCHOLARSHIP DESIGNATION AND SELECTION CRITERIA. ``(a) Scholarship Designation.--Funds made available under this part shall be designated as the `National Math and Science Teacher Scholarships'. ``(b) Selection Criteria.--The Secretary of Education may award funds for National Math and Science Teacher Scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. The Secretary may not provide any individual higher education institution more than $100,000 per academic year for the purpose of the National Math and Science Teacher Scholarships. An institution applying for such Scholarships may only be eligible to receive funds if such institution-- ``(1) meets nationally accredited teacher training graduate program standards; or ``(2) demonstrates to the Secretary that at least 90 percent of the graduates of such a graduate teacher training program take, and on their first attempt pass, the State teacher qualification assessments for new teachers. ``SEC. 599D. INDIVIDUAL SCHOLARSHIP ELIGIBILITY. ``An individual may be eligible for a National Math and Science Teacher Scholarship only if such individual-- ``(1) is a citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence; ``(2) is majoring in a physical or life science or mathematics graduate teacher training program; ``(3) is enrolled in a higher education institution that-- ``(A) meets nationally accredited teacher training graduate program standards; or ``(B) demonstrates to the Secretary that at least 90 percent of the graduates of such a graduate teacher training program who enter the field of teaching take, and on their first attempt pass, the State teacher qualification assessments for new teachers; and ``(4) is willing to be teacher certified or licensed and commit themselves to teaching math or science in a rural or urban public secondary school for no less than 3 full academic years. ``SEC. 599E. SCHOLARSHIP AMOUNT. ``(a) Amount of Award.--The amount of scholarship awarded by participating teacher training graduate programs under this part for any academic year shall be $10,000 per student. ``(b) Assistance Not To Exceed Cost of Attendance.--No individual shall receive an award under this part in any academic year which exceeds the cost of attendance. A scholarship awarded under this part shall not be reduced on the basis of the student's receipt of other forms of Federal student financial assistance, but shall be taken into account in determining the eligibility of the student for those forms of Federal student financial assistance. ``SEC. 599F. AGREEMENT; GRANT AND STIPEND REPAYMENT PROVISIONS. ``(a) Agreement.--Recipients of the National Math and Science Teachers Scholarships shall agree to teach in an urban or rural public secondary school for no less than 3 full academic years. ``(b) Repayment for Failure To Fulfill Agreement.--Any recipients of a Scholarship found by the Secretary to be in noncompliance with the agreement entered into under subsection (a) of this section shall be required to repay a pro rata amount of the scholarship awards received, plus interest and, where applicable, reasonable collection fees, on a schedule and at a rate of interest prescribed by the Secretary by regulations. ``SEC. 599G. EXCEPTIONS TO REPAYMENT PROVISIONS. ``An individual recipient of a Scholarship under this part shall not be considered in violation of the agreement entered into pursuant to section 599F during any period in which the recipient-- ``(1) is pursuing a full-time course of study in math and science at an accredited institution; ``(2) is serving, not in excess of 3 years, as a member of the armed services of the United States; ``(3) is totally disabled for a period of time not to exceed 3 years as established by sworn affidavit of a qualified physician; ``(4) is seeking and unable to find full-time employment for a single period not to exceed 12 months; ``(5) is seeking and unable to find full-time employment as a math and science teacher in a public or private nonprofit elementary or secondary school or education program for a single period not to exceed 27 months; or ``(6) satisfies the provision of additional repayment exceptions that may be prescribed by the Secretary in regulations issued pursuant to this section. ``SEC. 599H. REPORT TO CONGRESS. ``On or before January 29, 2002, the Secretary of Education shall submit a report to Congress evaluating the success of the National Math and Science Teacher Scholarships pilot program in recruiting math and science teachers to teach in America's public secondary schools.''.

Recruit and Reward Future Math and Science Teachers of America Act of 1998 - Amends the Higher Education Act of 1965 to establish a pilot program for recruitment and training of future secondary school mathematics and science teachers. Makes available 500 scholarship grants and stipends to outstanding students enrolled in nationally accredited teacher training graduate programs who are committed to pursuing such careers in secondary school mathematics and science teaching. Authorized appropriations. Designates funds under this Act as National Math and Science Teacher Scholarships. Authorizes the Secretary of Education to award funds for such scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. Limits the amount of such funds in any academic year which may be awarded to any individual higher education institution. Requires such institutions to: (1) meet nationally accredited teacher training graduate program standards; or (2) demonstrate to the Secretary that at least 90 percent of the graduates of the graduate teacher training program take, and on their first attempt pass, the State teacher qualification assessments for new teachers. Sets forth eligibility requirements for individual scholarships. Limits the scholarship amount per student to $10,000 per academic year. Requires scholarship recipients to agree to teach in an urban or rural public secondary school for at least three full academic years, or repay the pro rata amount of awards received, plus interest, for any failure to fulfill such obligation. Sets forth exceptions to such repayment requirements.

Recruit and Reward Future Math and Science Teachers of America Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Producers Value-Added Investment Tax Credit Act of 2004''. SEC. 2. CREDIT FOR FARMER INVESTMENT IN VALUE-ADDED AGRICULTURAL PROPERTY. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. VALUE-ADDED AGRICULTURAL PROPERTY INVESTMENT CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of a taxpayer who is-- ``(1) an eligible person, or ``(2) a farmer-owned entity, the value-added agricultural property investment credit determined under this section for any taxable year is 50 percent of the basis of any qualified value-added agricultural property placed in service during the taxable year. In the case of a farmer-owned entity, such credit shall be allocated on a pro rata basis among eligible persons holding qualified interests in such entity as of the last day of such taxable year. ``(b) Maximum Credit.--For purposes of subsection (a)-- ``(1) Property placed in service by eligible person.--In the case of property placed in service during a taxable year by an eligible person, the credit determined under this section for such year shall not exceed $30,000, reduced by the amount of the creditable investments allowed for the taxable year under paragraph (2). ``(2) Property placed in service by farmer-owned entity.-- ``(A) In general.--In the case of property placed in service by a farmer-owned entity, the credit determined under this section shall not exceed the sum of the eligible person's creditable investments in such entity as of the date such property is placed in service. ``(B) Creditable investments.--For purposes of subparagraph (A), the term `creditable investments' means, with respect to any property placed in service by a farmer-owned entity, the aggregate qualified investments made by the eligible person in such entity, reduced (but not below zero) by the sum of-- ``(i) the amount of the aggregate qualified investments made by such person in such entity which were taken into account under this section with respect to property previously placed in service by such entity, and ``(ii) the amount of the aggregate qualified investments made by such person in all other farmer-owned entities which were taken into account under this section with respect to property previously placed in service by such other entities. ``(C) Limitation.--For purposes of this paragraph, the aggregate qualified investments made by the eligible person which may be taken into account for any taxable year shall not exceed $30,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified value-added agricultural property.--The term `qualified value-added agricultural property' means property-- ``(A) which is used to add value to a good or product, suitable for food or nonfood use, derived in whole or in part from organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood wastes and residues, and domesticated animal wastes, ``(B)(i) to which section 168 applies without regard to any useful life, or ``(ii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable and having a useful life (determined as of the time such property is placed in service) of 3 years or more, and ``(C) which is owned and operated by an eligible person or a farmer-owned entity. ``(2) Eligible person.-- ``(A) In general.--The term `eligible person' means a person who materially participates during the taxable year in an eligible farming business. ``(B) Material participation.--For purposes of subparagraph (A), the determination of whether a person materially participates in the trade or business of farming shall be made in a manner similar to the manner in which such determination is made under section 2032A(e)(6). In the case that the person is a corporation, cooperative, partnership, estate, or trust, such determination shall be made at the shareholder, partner, or beneficial interests level (as the case may be). ``(C) Eligible farming business.--For purposes of subparagraph (A), the term `eligible farming business' means a farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)). ``(3) Farmer-owned entity.-- ``(A) In general.--The term `farmer-owned entity' means-- ``(i) a corporation (including an S corporation) in which eligible persons own 50 percent or more of the total voting power of the stock and 50 percent or more (in value) of the stock, ``(ii) a partnership in which eligible persons own 50 percent or more of the total voting power of the profits interest and 50 percent or more (in value) of the profits interest, and ``(iii) a cooperative in which eligible persons own 50 percent or more of the total voting power of the member patronage interests and 50 percent or more (in value) of the member patronage interests. ``(B) Constructive ownership rules.--For purposes of subparagraph (A), rules similar to the rules of section 263A(e)(2)(B) shall apply; except that, in applying such rules, the members of an individual's family shall be the individuals described in subparagraph (C). ``(C) Members of family.--The family of any individual shall include only his spouse and children, grandchildren, and great grandchildren (whether by the whole or half blood), and the spouses of his children, grandchildren, and great grandchildren, who reside in the same household or jointly operate farming businesses (as defined in section 263A(e)(4)). For purposes of the preceding sentence, a child who is legally adopted, or who is placed with the taxpayer by an authorized placement agency for adoption by the taxpayer, shall be treated as a child by blood. ``(4) Qualified investments.-- ``(A) In general.--The term `qualified investments' means a payment of cash for the purchase of a qualified equity interest in a farmer-owned entity. ``(B) Qualified equity interest.--The term `qualified equity interest' means-- ``(i) any stock in a domestic corporation if such stock is acquired by the taxpayer after December 31, 2004, and before January 1, 2011, at its original issue (directly or through an underwriter) from the corporation solely in exchange for cash, ``(ii) any capital or profits interest in a domestic partnership if such interest is acquired by the taxpayer after December 31, 2004, and before January 1, 2011, and ``(iii) any patronage interest in a cooperative if such interest is acquired by the taxpayer after December 31, 2004, and before January 1, 2011. Rules similar to the rules of section 1202(c)(3) shall apply for purposes of this paragraph. ``(d) Special Rules.--For purposes of this section-- ``(1) Treatment of married individuals.--In the case of a separate return by a married individual (as defined in section 7703), subsection (b)(3)(A) shall be applied by substituting `$15,000' for `$30,000'. ``(2) Applicable rules.--Under regulations prescribed by the Secretary-- ``(A) Allocation of credit in the case of estates and trusts.--Rules similar to the rules of subsection (d) of section 52 shall apply. ``(B) Certain property not eligible.--Rules similar to the rules of section 50(b) shall apply. ``(3) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section to any eligible person with respect to qualified value-added agricultural property, the basis of such property shall be reduced by the amount of the credit so allowed and increased by the amount of recapture under subsection (e). ``(e) Recapture in the Case of Certain Dispositions.-- ``(1) In general.--Under regulations prescribed by the Secretary, rules similar to the rules of section 50(a) shall apply with respect to an eligible person if, within the 5-year period beginning on the date qualified value-added agricultural property with respect to which such person was allowed a credit under subsection (a) is originally placed in service-- ``(A) such property ceases to be qualified for purposes of this section, ``(B) the eligible person or the farmer-owned entity (as the case may be) disposes of all or part of such property, or ``(C) the eligible person or the farmer-owned entity (as the case may be) ceases to be an eligible person or farmer-owned entity for purposes of this section. ``(2) Special rules in event of death.-- ``(A) In general.--The period in paragraph (1) shall be suspended with respect to an eligible person for the 2-year period beginning on the date of death of such person. ``(B) Heirs who are eligible persons.--In the case that an heir of an eligible person is also an eligible person, neither paragraph (1) nor subparagraph (A) of this paragraph (unless elected by such heir) shall apply with respect to the transfer of property to such heir. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section. ``(g) Termination.--This section shall not apply to property placed in service after December 31, 2010.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) in the case of an eligible person (as defined in section 45G(c)), the value-added agricultural property investment credit determined under section 45G(a).''. (c) Credit Allowable Against Minimum Tax.-- (1) In general.--Paragraph (3) of section 38 of such Code is amended-- (A) by inserting ``and value-added agricultural property credit'' after ``employee credit'' in the heading, (B) by inserting ``and the value-added agricultural property credit'' after ``employee credit'' each place it appears in subparagraph (A), and (C) by adding at the end the following new subparagraph: ``(C) Value-added agricultural property credit.-- For purposes of this subsection, the term `value-added agricultural property credit' means the credit determined under section 45G.'' (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the value-added agricultural property credit'' after ``employment credit''. (d) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end thereof the following new paragraph: ``(10) No carryback of value-added agricultural property investment credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to any taxable year ending before the date of the enactment of section 45G.''. (e) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ``, and'', and by adding after paragraph (10) the following new paragraph: ``(11) the value-added agricultural property investment credit determined under section 45G.''. (f) Basis Adjustment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``; and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 45G(d)(3), in the case of payments with respect to which a credit has been allowed under section 38.''. (g) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end thereof the following new section: ``Sec. 45G. Value-added agricultural property investment credit.''. (h) Effective Date.--The amendments made by this section shall apply to qualified investments (as defined in section 45G(c)(5) of the Internal Revenue Code of 1986 (as added by this section) made, and property placed in service, after December 31, 2004.

Agricultural Producers Value-Added Investment Tax Credit Act of 2004 - Amends the Internal Revenue Code to allow individuals who materially participate in a farming business and certain farmer-owned entities a business tax credit up to $30,000 for investment in qualified value-added agricultural property. Defines "qualified value-added agricultural property" as depreciable property which is used to add value to a good or product, suitable for food or nonfood use, derived in whole or in part from organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood wastes and residues, and domesticated animal wastes. Terminates the credit after 2010.

A bill to amend the Internal Revenue Code of 1986 to provide a tax credit for farmers' investments in value-added agriculture.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fab Lab Network Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Scientific discoveries and technical innovations are critical to the economic and national security of the United States. (2) Maintaining the leadership of the United States in science, technology, engineering, and mathematics will require a diverse population with the skills, interest, and access to tools required to advance these fields. (3) Just as earlier digital revolutions in communications and computation provided individuals with the Internet and personal computers, a digital revolution in fabrication will allow anyone to make almost anything, anywhere. (4) Fab labs like the Center for Bits and Atoms at the Massachusetts Institute of Technology provide a model for a new kind of national laboratory that links local facilities for advanced manufacturing to expand access and empower communities. (5) A coordinated national public-private partnership will be the most effective way to accelerate the provision of this infrastructure for learning skills, developing inventions, creating businesses, and producing personalized products. SEC. 3. ESTABLISHMENT OF NATIONAL FAB LAB NETWORK. (a) Definitions.--In this section-- (1) the term ``fab lab'' means a facility-- (A) equipped with an integrated suite of fabrication tools to convert digital designs into functional physical things and scanning tools to convert physical things into digital designs; and (B) available for a range of individual and collaborative educational, commercial, creative, and social purposes, based on guidelines established by the NFLN relating to sustainable operation; and (2) the term ``NFLN'' means the National Fab Lab Network. (b) Federal Charter.--The National Fab Lab Network is a federally charted nonprofit corporation, which shall facilitate the creation of a national network of local fab labs and serve as a resource to assist stakeholders with the effective operation of fab labs. (c) Membership and Organization.-- (1) In general.--Eligibility for membership in the NFLN and the rights and privileges of members shall be as provided in the constitution and bylaws of the NFLN. The Board of Directors, officers, and other employees of the NFLN, and their powers and duties, shall be provided in the bylaws of the NFLN. (2) Board of directors.--The Board of Directors of the NFLN shall include-- (A) the Director of the Fab Foundation; (B) members of the manufacturing sector and entrepreneurial community; and (C) leaders in science, technology, engineering, and mathematics education. (3) Coordination.--When appropriate, the NFLN should work with Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology, the Small Business Administration, and other agencies of the Federal Government to provide additional resources to fab lab users. (d) Functions.--The NFLN shall-- (1) serve as the coordinating body for the creation of a national network of local fab labs in the United States; (2) provide a first point of contact for organizations and communities seeking to create fab labs, providing information, assessing suitability, advising on the lab lifecycle, and maintaining descriptions of prospective and operating sites; (3) link funders and sites with operational entities that can source and install fab labs, provide training, assist with operations, account for spending, and assess impact; (4) perform outreach for individuals and communities on the benefits available through the NFLN; (5) facilitate use of the NFLN in synergistic programs, such as workforce training, job creation, research broader impacts, and the production of civic infrastructure; and (6) offer transparency in the management, governance, and operation of the NFLN. (e) Purposes.--In carrying out its functions, the NFLN's purposes and goals shall be to-- (1) create a national network of connected local fab labs to empower individuals and communities in the United States; and (2) foster the use of distributed digital fabrication tools to promote science, technology, engineering and math skills, increase invention and innovation, create businesses and jobs, and fulfill needs. (f) Funding.--The NFLN may accept gifts from private individuals, corporations, government agencies, or other organizations.

National Fab Lab Network Act of 2013 - Grants a federal charter to the National Fab Lab Network.

National Fab Lab Network Act of 2013

SECTION 1. MEDICAID EXCEPTION FOR PERMANENT RESIDENT ALIEN CHILDREN. Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding after subparagraph (D) the following new subparagraph: ``(E) Medicaid exception for permanent resident alien children.--With respect to eligibility for benefits under paragraph (3)(C) (relating to the medicaid program), an alien who -- ``(A) is lawfully admitted for permanent residence under the Immigration and Nationality Act; and ``(B) is under 19 years of age.''. SEC. 2. EXTENSION OF ELIGIBILITY PERIOD FOR SSI AND MEDICAID FOR REFUGEES AND ASYLEES FROM 5 TO 7 YEARS. (a) SSI.--Section 402(a)(2)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)) is amended by inserting ``(or with respect to eligibility under paragraph (3)(A) 7 years)'' after ``5 years''. (b) Medicaid.--Section 402(b)(2)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)(A)) is amended in clauses (i), (ii), and (iii) by inserting ``(or with respect to eligibility under paragraph (3)(C) 7 years)'' after ``5 years'' each place it appears. SEC. 3. SSI ELIGIBILITY FOR QUALIFIED ALIENS WHO BECAME BLIND OR DISABLED AFTER ADMISSION. (a) Eligibility.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding after subparagraph (D) the following new subparagraph: ``(E) Qualified aliens who became blind or disabled after admission.--With respect to eligibility for benefits for the program defined in paragraph (3)(A) (relating to the supplemental security income program), paragraph (1) shall not apply to an alien who is a qualified alien (as defined in section 431) who became blind or disabled after admission to the United States.''. (b) Attribution of Income.--Section 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631) is amended by adding at the end the following new subsection: ``(g) Special Rule for SSI Benefits for Blind and Disabled Aliens.--Notwithstanding any other provision of this section, subsection (a) shall not apply to benefits under section 402(a)(3)(A) (relating to the supplemental security income program) for an alien who became blind or disabled after admission to the United States.''. (c) No reimbursement requirement.--Section 423(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is amended by adding at the end the following new paragraph: ``(12) Benefits under section 402(a)(3)(A) (relating to the supplemental security income program) for an alien who became blind or disabled after admission to the United States.''. SEC. 4. SSI ELIGIBILITY FOR QUALIFIED ALIENS WHO WERE ADMITTED TO THE UNITED STATES BEFORE ATTAINING 18 YEARS OF AGE AND WERE BLIND OR DISABLED PRIOR TO ADMISSION. (a) Eligibility.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding after subparagraph (E) the following new subparagraph: ``(F) Qualified aliens who became blind or disabled after admission.--With respect to eligibility for benefits for the program defined in paragraph (3)(A) (relating to the supplemental security income program), paragraph (1) shall not apply to an alien who is a qualified alien (as defined in section 431), who was admitted to the United States before attaining the age of 18 years, and who was blind or disabled (or for whom the onset of blindness or disability occurred) prior to admission to the United States.''. (b) Attribution of Income.--Section 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631) is amended by adding at the end the following new subsection: ``(g) Special Rule for SSI Benefits for Blind and Disabled Aliens.--Notwithstanding any other provision of this section, subsection (a) shall not apply to benefits under section 402(a)(3)(A) (relating to the supplemental security income program) for an alien who became blind or disabled after admission to the United States or for an alien who was admitted to the United States prior to attaining the age of 18 years and was blind or disabled (or for whom the onset of blindness or disability occurred) prior to admission to the United States.''. (c) No reimbursement requirement.--Section 423(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is amended by adding at the end the following new paragraph: ``(12) Benefits under section 402(a)(3)(A) (relating to the supplemental security income program) for an alien who became blind or disabled after admission to the United States or for an alien who was admitted to the United States prior to attaining the age of 18 years and was blind or disabled (or for whom the onset of blindness or disability occurred) prior to admission to the United States.''. SEC. 5. EXCEPTION FOR CERTAIN BLIND AND DISABLED ALIENS TO 5-YEAR INELIGIBILITY OF QUALIFIED ALIENS FOR FEDERAL MEANS- TESTED PUBLIC BENEFITS. Section 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding after paragraph (2) the following new paragraph: ``(3) Exception for blind and disabled aliens.-- ``(A) An alien who became blind or disabled after admission to the United States. ``(B) An alien who was admitted to the United States before attaining the age of 18 years and who was blind or disabled (or for whom the onset of blindness or disability occurred) prior to admission to the United States.''. SEC. 6. SSI ELIGIBILITY FOR PERMANENT RESIDENT ALIENS AT LEAST 76 YEARS OF AGE. (a) In General.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is further amended by adding after subparagraph (E) the following new subparagraph: ``(F) Permanent resident aliens at least 76 years of age.--With respect to eligibility for benefits under paragraph (3)(A) relating to the supplemental security income program), paragraph (1) shall not apply to an alien who ``(i) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act; and ``(ii) is at least 76 years of age.''. (b) No reimbursement requirement.--Section 423(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is amended by adding at the end the following new paragraph: ``(13) Benefits under section 402(a)(3)(A) (relating to the supplemental security income program) for an alien who is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act and is at least 76 years of age.''. SEC. 7. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall be effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. (b) Exceptions.--The amendments made by sections 4, 5, and 6 shall be effective with respect to benefits payable for months after July 1997.''.

Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make permanent resident aliens under 19 years old eligible for Medicaid. Extends the refugee and asylee eligibility period for Medicaid and Supplemental Security Income (SSI). Makes qualified aliens eligible for SSI benefits who: (1) became blind or disabled after U.S. admission; or (2) were under 18 years old at, and blind or disabled prior to, U.S. admission. Exempts such aliens from: (1) attribution of sponsor income and repayment requirements; and (2) the five-year ineligibility period for Federal means-tested public benefits. Makes permanent resident aliens who are at least 76 years old eligible for SSI benefits. Exempts such aliens from sponsor repayment requirements.

To amend the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to modify provisions restricting welfare and public benefits for aliens.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Marine Scholarship Act of 2005''. SEC. 2. NATIONAL MARINE SCHOLARSHIP PROGRAM. (a) Definitions.--In this section: (1) Administration.--The term ``Administration'' means the National Oceanic and Atmospheric Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning that term has under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) Program.--The term ``Program'' means the National Marine Scholarship Program established by the Administrator under this section. (b) Establishment of Program.-- (1) Requirement.--The Administrator shall establish a National Marine Scholarship Program that is designed to recruit and prepare students for careers in the fields of marine science. Under the program, the Secretary shall award scholarships for those academic programs and fields of study described in the list made available under subsection (d). (2) Employment obligation.--As a condition of the award of each scholarship under the Program, the Administrator shall require the recipient to enter into a contractual agreement under which the individual is obligated to serve as a full-time employee of the Administration in a position needed by the Administration and for which the individual is qualified, for a period of time to be determined by the Administrator and stated in the contractual agreement. If a full-time equivalent position is not available within the Administration at the time the scholarship recipient is obligated begin their employment, the scholarship recipient may fulfill such employment obligation in a full-time position in another Federal agency with administrative jurisdiction over programs relating to the marine environment that is approved by the Administrator. (c) Eligibility Criteria.--In order to be eligible for a scholarship under the program, an individual must-- (1) be enrolled or accepted for enrollment as a full-time graduate student at an institution of higher education in an academic program and field of study described in the list made available under subsection (d); (2) be a United States citizen or national or a permanent resident of the United States; and (3) at the time of the initial scholarship award, not be an employee of the Administration. (d) Eligible Academic Programs and Fields of Study.--The Administrator shall make publicly available a list of academic programs and fields of study for which scholarships under this section may be used, and shall update the list as necessary. (e) Competitive Award Process.-- (1) In general.--Under the Program, the Administrator shall award scholarships to individuals who are selected through a competitive process-- (A) under which awards are made primarily on the basis of academic merit; (B) in which consideration is given to promoting the participation in the Program by individuals referred to in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a, 1885b); and (C) in which consideration may be given to financial need. (2) Application.--An individual seeking a scholarship under this section shall submit an application to the Administrator at such time, in such manner, and containing such information, agreements, or assurances as the Administrator may require. (f) Scholarship Limits.-- (1) Number of academic years.--An individual may not receive a scholarship under this section for a masters degree program for more than 2 academic years, or for a doctorate program for more than 4 academic years, except as specifically authorized by a waiver issued by the Administrator. (2) Dollar amount.--The dollar amount of a scholarship under this section shall not exceed the cost of attendance, as such cost is determined in accordance with section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087). (3) Use.--Amounts received as a scholarship under this section may be expended only for tuition, fees, and other expenses authorized by regulations issued by the Administrator. (4) Payment of scholarship amounts.--The Administrator may enter into a contractual agreement with an institution of higher education with respect to which a scholarship is provided under this section, under which the amounts provided as the scholarship for tuition, fees, and other authorized expenses are paid directly to the institution. (g) Period of Service Under Employment Obligation.-- (1) General requirement.--Except as provided in subsection (i)(2), the period of service for which an individual shall be obligated to serve as an employee of the Administration pursuant to this section shall be determined by the Administrator in accordance with subsection (b)(2). (2) Beginning of service.-- (A) General rule.--Except as provided in subparagraph (B), obligated service under subsection (b)(2) shall begin not later than 60 days after the date on which individual obtains the educational degree for which the scholarship was provided. (B) Deferral.--The Administrator may defer the beginning of obligated service under subsection (b)(2) if the Administrator determines that such a deferral is appropriate. The Administrator shall by regulation prescribe the terms and conditions under which a service obligation may be deferred under this subparagraph. (h) Repayment.-- (1) Failure to perform academically.-- (A) Breach of obligation.--A recipient of a scholarship under this section shall be in breach of the recipient's contractual agreement under this section if the recipient-- (i) fails to maintain a high level of academic standing, as defined by the Administrator by regulation; (ii) is dismissed from the recipient's educational institution for disciplinary reasons; or (iii) voluntarily terminates academic training before graduation from the educational program for which the scholarship was awarded. (B) Penalty.--A recipient of a scholarship who under subparagraph (A) is in breach of the recipient's contractual agreement-- (i) shall be liable to the United States for repayment, within 2 years after the date of the breach, of all amounts paid under the scholarship to the recipient or to an institution of higher education on the recipient's behalf; and (ii) shall not be required to fulfill any employment obligation under such agreement. (2) Failure to fulfill employment obligation.-- (A) Breach of obligation.--A recipient of a scholarship under this section shall be in breach of the recipient's contractual agreement under this section if the recipient-- (i) fails to begin or complete the recipient's employment obligation under this section; or (ii) fails to comply with the terms and conditions of deferment established by the Administrator pursuant to subsection (g)(2)(B). (B) Penalty.--A recipient of a scholarship who under subparagraph (A) is in breach of the recipient's contractual agreement shall be liable for payment to the United States, within 3 years, of an amount equal to-- (i) the total amount of scholarships received by such individual under this section; plus (ii) interest on the total amount of such scholarships at a rate that is equivalent to the rate of interest that would apply under section 427A of the Higher Education Authorization Act of 1965 if the scholarships were loans to cover the cost of education (as that term is used in that section). (i) Cancellation or Waiver.-- (1) In general.--Any obligation of an individual incurred under this section for service or payment shall be canceled upon the death of the individual. (2) Waiver or suspension of any obligation by administrator.--The Administrator shall by regulation provide for the partial or total waiver or suspension of any obligation of employment or payment incurred by an individual under this section (including any contractual agreement under this section), if-- (A) compliance by the individual is impossible or would involve extreme hardship to the individual; or (B) enforcement of such obligation with respect to the individual would be contrary to the best interests of the Government. (j) Report to Congress.--Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Administrator shall transmit a report to the Congress that addresses each of the following: (1) The effectiveness of the National Marine Scholarship Program established under this section in increasing the number of marine science-related service professionals. (2) The effectiveness of such program in preparing scholarship recipients for temporary jobs within the Administration or other marine-related Federal agencies. (k) Deadline for Regulations.--The Administrator shall issue such regulations as are necessary to carry out this section by not later than 90 days after the date of the enactment of this Act. (l) Authorization of Appropriations.--Of the amounts authorized for each of fiscal years 2005 through 2010 for programs administered by the National Oceanic and Atmospheric Administration, $5,000,000 shall be available for the National Marine Scholarship Program established under this section.

National Marine Scholarship Act of 2005 - Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a National Marine Scholarship Program for graduate students in the fields of marine science. Requires scholarship recipients to agree to serve, for a certain period after their masters or doctoral program, as a full-time employee of NOAA or another Federal agency with programs related to the marine environment.

To establish a National Marine Scholarship Program to recruit and prepare graduate students for careers in the fields of marine science, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Democracy and Human Rights in Zimbabwe Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) When Zimbabwe achieved independence in 1980, its economic and democratic prospects were bright and President Robert Mugabe was hailed as a liberator. However, 27 years later, the economy of Zimbabwe has collapsed as income per capita has fallen below the 1953 level and President Mugabe's Zimbabwe African National Union-Patriotic Front (ZANU-PF) government has increasingly and systematically exercised repression of political opposition and engaged in violations of human rights. (2) The Department of State's 2006 Country Report on Human Rights Practices states that Zimbabwe's 2002 presidential election and 2005 parliamentary elections were neither free nor fair, and reports that President Mugabe's government interfered with the campaign activities of the opposition, intimidated voters, and distributed food in a partisan manner. (3) The Department of State Report also finds that the Government of Zimbabwe continues to-- (A) restrict freedom of assembly, movement, and association; (B) forcibly evict civilians from their land; and (C) harass and abuse members of the opposition, the media, the religious community, civil society, and organized labor. (4) According to the Freedom House Freedom in the World 2007 report, ``In 2006, Zimbabwe suffered from a further deterioration of political rights and civil liberties amid a near-total collapse of the country's economy.''. (5) Zimbabwe is a member of the United Nations, the African Union, the Southern African Development Community, the African Development Bank, the International Monetary Fund, and the World Trade Organization, and a party to the Universal Declaration of Human Rights, the African Charter on Human and Peoples' Rights, and the International Covenant on Civil and Political Rights. (6) Section 2 of the Zimbabwe Democracy and Economic Recovery Act of 2001 (Public Law 107-99; 22 U.S.C. 2151 note) states, ``It is the policy of the United States to support the people of Zimbabwe in their struggle to effect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law.''. (7) In 2002 and 2003, the United States imposed financial and immigration sanctions targeted against selected individuals, a ban on the transfer of defense items and services, and a suspension of nonhumanitarian government-to- government assistance, although the United States remains one of the leading providers of humanitarian assistance to the people of Zimbabwe. (8) The United Nations, the European Union, the United States, human rights organizations, and many others have condemned the security forces of Zimbabwe for the beating, detention, and arrest of opposition and civil society members attending a prayer meeting on March 11, 2007. (9) In March 2007, the heads of state of the Southern African Development Community announced that the President of South Africa, Thabo Mbeki, will mediate between President Mugabe and the opposition Movement for Democratic Change in advance of the 2008 presidential election, but failed to condemn the Government of Zimbabwe for its human rights abuses and restriction of democratic space. (10) On March 30, 2007, it was announced that the ZANU-PF central committee had chosen President Mugabe as the party's candidate for the 2008 election and that the parliamentary elections will also be held in 2008, instead of 2010. (11) A Human Rights Watch report released in May 2007 concluded, ``Arbitrary arrests, detentions, and brutal beatings by police and security forces skyrocketed in March and April, and continue unabated. . . . The Zimbabwean government is violating the human rights of its citizens with impunity.''. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to support the people of Zimbabwe in their efforts to promote democracy and respect for human rights in Zimbabwe; and (2) to call on President Mugabe to immediately restore democracy and human rights in Zimbabwe. SEC. 4. SENSE OF CONGRESS ON THE CRISIS IN ZIMBABWE. The following is the sense of Congress: (1) The United States welcomes and commends the announcement by the Southern African Development Community that the President of South Africa, Thabo Mbeki, will lead negotiations between the ruling and opposition parties in Zimbabwe to resolve the political and humanitarian crisis in a way that reflects the will of the people of Zimbabwe and respects international standards. (2) The creation of a level playing field for those who want to participate in the political process in Zimbabwe and the encouragement of transparency in the political process should be priority objectives in the negotiations. (3) All preparations should be made to hold free, fair, and peaceful elections in accordance with international standards, such as the Southern African Development Community Parliamentary Forum Election Norms and Guidelines. (4) Cooperation between the United States, regional players in Africa, and the wider international community is an important component of a proactive strategy to support democratic rule and respect for human rights in Zimbabwe. (5) Normalized relations with the Government of Zimbabwe are desirable, but until the Government of Zimbabwe promotes democracy and the rule of law, the United States will continue to isolate the Government of Zimbabwe and expand financial and travel sanctions targeted against those responsible for repressing the people of Zimbabwe. (6) The United States Permanent Representative to the United Nations should use the voice and vote of the United States in the United Nations Security Council to emphasize the threat to international peace and security posed by the Government of Zimbabwe. SEC. 5. BRIEFING. (a) In General.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of State shall provide to Congress a briefing on the strategy of the United States for engagement with Zimbabwe. (b) Content.--The briefing required by subsection (a) shall include the following: (1) The details of a comprehensive policy of the United States to support the people of Zimbabwe in their efforts to promote democratic rule and respect for human rights in Zimbabwe, including support for free, fair and peaceful elections. (2) An assessment of the resources necessary to most effectively enable Zimbabwe to return peacefully to a state of democratic governance, with respect for human rights and the rule of law. (3) A diplomatic strategy for engaging and encouraging regional partners in Africa to help facilitate the transition of Zimbabwe to democracy. (4) A review of policy options in the event of further deterioration of the situation in Zimbabwe. (5) A review of policy options in the event of an improvement in the situation in Zimbabwe. (6) Indicators of progress toward democracy and respect for human rights that would allow for the removal of targeted bilateral sanctions on Zimbabwe and strengthened relations with the Government of Zimbabwe. (c) Consultation.--The Secretary of State shall, to the extent possible, develop the strategy described in subsection (a) in consultation with-- (1) the United Nations; (2) the African Union; (3) the Southern African Development Community; (4) other multilateral organizations; and (5) interested States. (d) Sunset.--The requirements of this section shall cease to be effective after the date that is 3 years after the date of the enactment of this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Notwithstanding any other provision of law, there are authorized to be appropriated up to $10,000,000 for the purpose described in subsection (b). (b) Purpose.--The purpose described in this subsection is to support democracy and governance activities in Zimbabwe consistent with the provisions of the Zimbabwe Democracy and Economic Recovery Act of 2001 (Public Law 107-99; 22 U.S.C. 2151 note), including through-- (1) support for free, fair, and peaceful national elections in accordance with international standards; (2) support for the capacity of civil society to create nonviolent political space in Zimbabwe; and (3) support for programs to defend and protect the human rights of the people of Zimbabwe.

Support for Democracy and Human Rights in Zimbabwe Act of 2007 - States that is U.S. policy to: (1) support the people of Zimbabwe in their efforts to promote democracy and respect for human rights in Zimbabwe; and (2) call on President Mugabe to restore democracy and human rights in Zimbabwe. Expresses the sense of Congress that: (1) the United States welcomes the Southern African Development Community's announcement that the President of South Africa, Thabo Mbeki, will lead negotiations between the ruling and opposition parties in Zimbabwe; (2) preparations should be made to hold free elections in accordance with international standards; (3) cooperation among the United States, regional players in Africa, and the international community is an important component of a proactive strategy to support democratic rule and respect for human rights in Zimbabwe; (4) normalized relations with the government of Zimbabwe are desirable but until the government of Zimbabwe promotes democracy and the rule of law the United States will continue to isolate the government of Zimbabwe and expand financial and travel sanctions against those responsible for repressing Zimbabwe's people; and (5) the United States should use its influence in the U.N. Security Council to emphasize the threat to international peace posed by the government of Zimbabwe. Directs the Secretary of State to provide Congress with quarterly briefings on U.S. strategy for engagement with Zimbabwe. (Terminates such requirement three years after the date of the enactment of this Act.) Authorizes appropriations to support democracy and governance activities in Zimbabwe, including support for: (1) free and peaceful national elections; (2) creation of nonviolent political space; and (3) human rights programs.

A bill to support democracy and human rights in Zimbabwe, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Transportation of Municipal Waste Act of 1995''. SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE. Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section: ``interstate transportation of municipal waste ``Sec. 4011. (a) Authority To Restrict Out-of-State Municipal Waste.--(1)(A) Except as provided in subsection (b), if requested in writing by an affected local government, a Governor may prohibit the disposal of out-of-State municipal waste in any landfill or incinerator that is subject to the jurisdiction of the Governor or the affected local government. ``(B) Prior to submitting a request under this section, the affected local government shall-- ``(i) provide notice and opportunity for public comment concerning any proposed request; and ``(ii) following notice and comment, take formal action on any proposed request at a public meeting. ``(2) Beginning with calendar year 1995, a Governor of a State may, with respect to landfills covered by the exceptions provided in subsection (b)-- ``(A) notwithstanding the absence of a request in writing by the affected local government-- ``(i) limit the quantity of out-of-State municipal waste received for disposal at each landfill in the State to an annual quantity equal to the quantity of out-of-State municipal waste received for disposal at the landfill during the calendar year 1993 or 1994, whichever is less; and ``(ii) limit the disposal of out-of-State municipal waste at landfills that received, during calendar year 1993, documented shipments of more than 50,000 tons of out-of-State municipal waste representing more than 30 percent of all municipal waste received at the landfill during the calendar year, by prohibiting at each such landfill the disposal, in any year, of a quantity of out-of-State municipal waste that is greater than 30 percent of all municipal waste received at the landfill during calendar year 1993; and ``(B) if requested in writing by the affected local government, prohibit the disposal of out-of-State municipal waste in landfill cells that do not meet the design and location standards and leachate collection and ground water monitoring requirements of State law and regulations in effect on January 1, 1993, for new landfills. ``(3)(A) In addition to the authorities provided in paragraph (1)(A), beginning with calendar year 1997, a Governor of any State, if requested in writing by the affected local government, may further limit the disposal of out-of-State municipal waste as provided in paragraph (2)(A)(ii) by reducing the 30 percent annual quantity limitation to 20 percent in each of calendar years 1998 and 1999, and to 10 percent in each succeeding calendar year. ``(B)(i) A State may ban imports from large exporting States if the volumes of municipal solid waste exported by those States did not meet reduction targets. ``(ii) A ban under clause (i) may prohibit imports from States that export more than-- ``(I) 3,500,000 tons in calendar year 1996; ``(II) 3,000,000 tons in calendar year 1997; ``(III) 3,000,000 tons in calendar year 1998; ``(IV) 2,500,000 tons in calendar year 1999; ``(V) 2,500,000 tons in calendar year 2000; ``(VI) 1,500,000 tons in calendar year 2001; ``(VII) 1,500,000 tons in calendar year 2002; or ``(VIII) 1,000,000 tons in any calendar year after 2002, excluding any volume legitimately covered by a host community agreement. ``(4)(A) Any limitation imposed by the Governor under paragraph (2)(A)-- ``(i) shall be applicable throughout the State; ``(ii) shall not discriminate against any particular landfill within the State; and ``(iii) shall not discriminate against any shipments of out-of-State municipal waste on the basis of State of origin. ``(B) In responding to requests by affected local governments under paragraphs (1)(A) and (2)(B), the Governor shall respond in a manner that does not discriminate against any particular landfill within the State and does not discriminate against any shipments of out-of-State municipal waste on the basis of State of origin. ``(5)(A) Any Governor who intends to exercise the authority provided in this paragraph shall, within 120 days after the date of enactment of this section, submit to the Administrator information documenting the quantity of out-of-State municipal waste received for disposal in the State of the Governor during calendar years 1993 and 1994. ``(B) On receipt of the information submitted pursuant to subparagraph (A), the Administrator shall notify the Governor of each State and the public and shall provide a comment period of not less than 30 days. ``(C) Not later than 60 days after receipt of information from a Governor under subparagraph (A), the Administrator shall determine the quantity of out-of-State municipal waste that was received at each landfill covered by the exceptions provided in subsection (b) for disposal in the State of the Governor during calendar years 1993 and 1994, and provide notice of the determination to the Governor of each State. A determination by the Administrator under this subparagraph shall be final and not subject to judicial review. ``(D) Not later than 180 days after the date of enactment of this section, the Administrator shall publish a list of the quantity of out- of-State municipal waste that was received during calendar years 1993 and 1994 at each landfill covered by the exceptions provided in subsection (b) for disposal in each State in which the Governor intends to exercise the authority provided in this paragraph, as determined in accordance with subparagraph (C). ``(b) Exceptions To Authority To Prohibit Out-of-State Municipal Waste.--The authority to prohibit the disposal of out-of-State municipal waste provided under subsection (a)(1) shall not apply to-- ``(1) landfills in operation on the date of enactment of this section that-- ``(A) received during calendar year 1993 documented shipments of out-of-State municipal waste; and ``(B) are in compliance with all applicable State laws (including any State rule or regulation) relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure and corrective action; ``(2) proposed landfills that, prior to January 1, 1993, received-- ``(A) an explicit authorization as part of a host community agreement from the affected local government to receive municipal waste generated out-of-State; and ``(B) a notice of decision from the State to grant a construction permit; or ``(3) incinerators in operation on the date of enactment of this section that-- ``(A) received, during calendar year 1993, documented shipments of out-of-State municipal waste; ``(B) are in compliance with the applicable requirements of section 129 of the Clean Air Act (42 U.S.C. 7429); and ``(C) are in compliance with all applicable State laws (including any State rule or regulation) relating to facility design and operations. ``(c) Denial of Permits on Ground of Lack of Need.-- ``(1) Denial.--A State may deny a permit for the construction or operation of a new landfill or incinerator or a major modification of an existing landfill or incinerator if-- ``(A) the State has approved a State or local comprehensive solid waste management plan developed under Federal or State law; and ``(B) the denial is based on the State's determination, pursuant to a State law authorizing such denial, that there is not a local or regional need of the landfill or incinerator in the State. ``(2) Undue burden.--A denial of a permit under paragraph (1) shall not be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate against interstate commerce. ``(d) Definitions.--As used in this section: ``(1) The term `affected local government' means-- ``(A) the public body authorized by State law to plan for the management of municipal solid waste, a majority of the members of which are elected officials, for the area in which the landfill or incinerator is located or proposed to be located; or ``(B) if there is not such body created by State law, the elected officials of the city, town, township, borough, county, or parish selected by the Governor and exercising primary responsibility over municipal solid waste management or the use of land in the jurisdiction in which the facility is located or proposed to be located. ``(2) The term `affected local solid waste planning unit' means a political subdivision of a State with authority relating to solid waste management planning in accordance with State law. ``(3) With respect to a State, the term `out-of-State municipal waste' means municipal waste generated outside the State. To the extent that it is consistent with the United States-Canada Free Trade Agreement and the General Agreement on Tariffs and Trade, the term shall include municipal waste generated outside the United States. ``(4) The term `host community agreement' means a written, legally binding document or documents executed by duly authorized officials of the affected local government that specifically authorizes a landfill or incinerator to receive municipal solid waste generated out-of-State. ``(5) The term `municipal waste' means refuse (and refuse- derived fuel) generated by the general public or from a residential, commercial, institutional, or industrial source (or any combination thereof), consisting of paper, wood, yard wastes, plastics, leather, rubber, or other combustible or noncombustible materials such as metal or glass (or any combination thereof). The term `municipal waste' does not include-- ``(A) any solid waste identified or listed as a hazardous waste under section 3001; ``(B) any solid waste, including contaminated soil and debris, resulting from a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604, 9606) or a corrective action taken under this Act; ``(C) any metal, pipe, glass, plastic, paper, textile, or other material that has been separated or diverted from municipal waste and has been transported into the State for the purpose of recycling or reclamation; ``(D) any solid waste that is-- ``(i) generated by an industrial facility; and ``(ii) transported for the purpose of treatment, storage, or disposal to a facility that is owned or operated by the generator of the waste, or is located on property owned by the generator or a company with which the generator is affiliated; ``(E) any solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation; ``(F) any industrial waste that is not identical to municipal waste with respect to the physical and chemical state of the industrial waste, and composition, including construction and demolition debris; ``(G) any medical waste that is segregated from or not mixed with municipal waste; or ``(H) any material or product returned from a dispenser or distributor to the manufacturer for credit, evaluation, or possible reuse.''. SEC. 3. TABLE OF CONTENTS AMENDMENT. The table of contents of the Solid Waste Disposal Act is amended by adding at the end of the items relating to subtitle D the following new item: ``Sec. 4011. Interstate transportation of municipal waste.''.

Interstate Transportation of Municipal Waste Act of 1995 - Amends the Solid Waste Disposal Act to authorize a State Governor, if requested by an affected local government, to prohibit the disposal of out-of-State municipal waste in: (1) any landfill or incinerator subject to the jurisdiction of the Governor or the local government; and (2) landfill cells that do not meet the State's design and location standards and leachate collection and groundwater monitoring requirements for new landfills. Permits such Governors, without the request of such entities, to limit the quantity of out-of-State municipal waste received for disposal, or the disposal of such waste, at landfills covered by exceptions under this Act. Authorizes States to ban imports from large exporting States if the volumes of municipal solid waste exported by such States did not meet reduction targets. Prohibits discrimination against any particular landfill and against shipments of out-of-State waste on the basis of State of origin. Exempts from a Governor's authority to prohibit the disposal of out-of-State waste: (1) landfills that received documented shipments of such waste in 1993 and are in compliance with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; (2) proposed landfills that, prior to January 1, 1993, received an authorization as part of a host community agreement from the affected local government to receive municipal waste generated out-of-State and a State notice of decision to grant a construction permit; or (3) incinerators that received documented shipments of such waste during 1993 and are in compliance with performance standards under the Clean Air Act and State laws relating to facility design and operations. Authorizes States to deny permits for the construction or operation of a new landfill or incinerator or a major modification of an existing landfill or incinerator if: (1) the State has approved a State or local comprehensive solid waste management plan developed under Federal or State law; and (2) the denial is based on the State's determination that there is not a local or regional need of the landfill or incinerator in the State.

Interstate Transportation of Municipal Waste Act of 1995

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Veterans Benefits and Economic Welfare Improvement Act of 2010''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Military transition program. Sec. 3. Waiver of claim development period for claims under laws administered by Secretary of Veterans Affairs. Sec. 4. Tolling of timing of review for appeals of final decisions of Board of Veterans' Appeals. Sec. 5. Exclusion of certain amounts from determination of annual income with respect to pensions for veterans and surviving spouses and children of veterans. Sec. 6. Extension of authority of Secretary of Veterans Affairs to obtain certain income information from other agencies. Sec. 7. VetStar Award program. Sec. 8. Increase in amount of pension for Medal of Honor recipients. Sec. 9. Compliance with Statutory Pay-As-You-Go Act of 2010. SEC. 2. MILITARY TRANSITION PROGRAM. (a) In General.--Chapter 41 of title 38, United States Code, is amended by inserting after section 4114 the following new section: ``Sec. 4115. Military transition program ``(a) Establishment; Eligibility.--(1) Subject to the availability of appropriations for such purpose, the Secretary of Veterans Affairs and the Assistant Secretary of Labor for Veterans' Employment and Training shall jointly carry out a program of training to provide eligible veterans with skills relevant to the job market. ``(2) For purposes of this section, the term `eligible veteran' means any veteran whom the Secretary of Veterans Affairs determines-- ``(A) is not otherwise eligible for education or training services under this title; ``(B) has not acquired a marketable skill since being separated or released from service in the Armed Forces; ``(C) was discharged under honorable conditions; and ``(D)(i) has been unemployed for at least 90 days during the 180-day period preceding the date of application for the program established under this section; or ``(ii) during such 180-day period received a maximum hourly rate of pay of not more than 150 percent of the Federal minimum wage. ``(b) Apprenticeship or On-the-Job Training Program.--The program established under this section shall provide for payments to employers who provide for eligible veterans a program of apprenticeship or on- the-job training if-- ``(1) such program is approved as provided in paragraph (1) or (2) of section 3687(a) of this title; ``(2) the rate of pay for veterans participating in the program is not less than the rate of pay for nonveterans in similar jobs; and ``(3) the Assistant Secretary of Labor for Veterans' Employment and Training reasonably expects that-- ``(A) the veteran will be qualified for employment in that field upon completion of training; and ``(B) the employer providing the program will continue to employ the veteran at the completion of training. ``(c) Payments to Employers.--(1) Subject to the availability of appropriations for such purpose, the Assistant Secretary of Labor for Veterans' Employment and Training shall enter into contracts with employers to provide programs of apprenticeship or on-the-job training that meet the requirements of this section. Each such contract shall provide for the payment of the amounts described in paragraph (2) to employers whose programs meet such requirements. ``(2) The amount paid under this section with respect to any eligible veteran for any period shall be 50 percent of the wages paid by the employer to such veteran for such period. Wages shall be calculated on an hourly basis. ``(3)(A) Except as provided in subparagraph (B)-- ``(i) the amount paid under this section with respect to a veteran participating in the program established under this section may not exceed $20,000 in the aggregate or $1,666.67 per month; and ``(ii) such payments may only be made during the first 12 months of such veteran's participation in the program. ``(B) In the case of a veteran participating in the program on a less than full-time basis, the Assistant Secretary of Labor for Veterans' Employment and Training may extend the number of months of payments under subparagraph (A) and proportionally adjust the amount of such payments, but the aggregate amount paid with respect to such veteran may not exceed $20,000 and the maximum number of months of such payments may not exceed 24 months. ``(4) Payments under this section shall be made on a quarterly basis. ``(5) Each employer providing a program of apprenticeship or on- the-job training pursuant to this section shall submit to the Assistant Secretary of Labor for Veterans' Employment and Training on a quarterly basis a report certifying the wages paid to eligible veterans under such program (which shall be certified by the veteran as being correct) and containing such other information as the Assistant Secretary may specify. Such report shall be submitted in the form and manner required by the Assistant Secretary. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each fiscal year for which the program is carried out. ``(e) Reporting.--The Secretary of Veterans Affairs, in coordination with the Assistant Secretary of Labor for Veterans' Employment and Training, shall include a description of activities carried out under this section in the annual report prepared submitted under section 529 of this title. ``(f) Termination.--The authority to carry out a program under this section shall terminate on September 30, 2016.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4114 the following new item: ``4115. Military transition program.''. (c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034 of such title is amended by striking ``and 3687'' and inserting ``3687, and 4115''. (2) Subsections (a)(1) and (c) of section 3241 of such title are each amended by striking ``section 3687'' and inserting ``sections 3687 and 4115''. (3) Subsection (d)(1) of section 3672 of such title is amended by striking ``and 3687'' and inserting ``3687, and 4115''. (4) Paragraph (3) of section 4102A(b) of such title is amended by striking ``section 3687'' and inserting ``section 3687 or 4115''. (d) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. SEC. 3. WAIVER OF CLAIM DEVELOPMENT PERIOD FOR CLAIMS UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS. (a) In General.--Section 5101 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) If a claimant submits to the Secretary a claim that the Secretary determines is a fully developed claim, the Secretary shall provide-- ``(A) the claimant with the opportunity to waive any claim development period otherwise made available by the Secretary with respect to such claim; and ``(B) expeditious treatment to such claim. ``(2) If a person submits to the Secretary any written notification sufficient to inform the Secretary that the person plans to submit a fully developed claim and, not later than one year after submitting such notification submits to the Secretary a claim that the Secretary determines is a fully developed claim, the Secretary shall provide expeditious treatment to the claim. ``(3) If the Secretary determines that a claim submitted by a claimant as a fully developed claim is not fully developed, the Secretary shall provide such claimant with the notice described in section 5103(a) within 30 days after the Secretary makes such determination. ``(4) For purposes of this section: ``(A) The term `fully developed claim' means a claim-- ``(i) for which the claimant-- ``(I) received assistance from a veterans service officer, a State or county veterans service organization, an agent, or an attorney; or ``(II) submits, together with the claim, an appropriate indication that the claimant does not intend to submit any additional information or evidence in support of the claim and does not require additional assistance with respect to the claim; and ``(ii) for which the claimant or the claimant's representative, if any, each signs, dates, and submits a certification in writing stating that, as of such date, no additional information or evidence is available or needs to be submitted in order for the claim to be adjudicated. ``(B) The term `expeditious treatment' means, with respect to a claim for benefits under the laws administered by the Secretary, treatment of such claim so that the claim is fully processed and adjudicated within 90 days after the Secretary receives an application for such claim.''. (b) Appeals Form Availability.--Subsection (b) of section 5104 of such title is amended-- (1) by striking ``and (2)'' and inserting ``(2)''; and (2) by inserting before the period at the end the following: ``, and (3) any form or application required by the Secretary to appeal such decision''. (c) Effective Date.--The amendments made by this section shall apply with respect to claims submitted on or after the date of the enactment of this Act. SEC. 4. TOLLING OF TIMING OF REVIEW FOR APPEALS OF FINAL DECISIONS OF BOARD OF VETERANS' APPEALS. (a) In General.--Section 7266(a) of title 38, United States Code, is amended-- (1) by striking ``In order'' and inserting ``(1) Except as provided in paragraph (2), in order''; and (2) by adding at the end the following new paragraph: ``(2)(A) The 120-day period described in paragraph (1) shall be extended upon a showing of good cause for such time as justice may require. ``(B) For purposes of this paragraph, it shall be considered good cause if a person was unable to file a notice of appeal within the 120- day period because of the person's service-connected disability.''. (b) Applicability.-- (1) In general.--Paragraph (2) of section 7266(a) of such title, as added by subsection (a), shall apply to a notice of appeal filed with respect to a final decision of the Board of Veterans' Appeals that was issued on or after July 24, 2008. (2) Reinstatement.--Any petition for review filed with the Court of Appeals for Veterans Claims that was dismissed by such Court on or after July 24, 2008, as untimely, shall, upon the filing of a petition by an adversely affected person filed not later than six months after the date of the enactment of this Act, be reinstated upon a showing that the petitioner had good cause for filing the petition on the date it was filed. SEC. 5. EXCLUSION OF CERTAIN AMOUNTS FROM DETERMINATION OF ANNUAL INCOME WITH RESPECT TO PENSIONS FOR VETERANS AND SURVIVING SPOUSES AND CHILDREN OF VETERANS. (a) Certain Amounts Paid for Reimbursements and for Pain and Suffering.--Paragraph (5) of section 1503(a) of title 38, United States Code, is amended to read as follows: ``(5) payments regarding-- ``(A) reimbursements of any kind (including insurance settlement payments) for-- ``(i) expenses related to the repayment, replacement, or repair of equipment, vehicles, items, money, or property resulting from-- ``(I) any accident (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the equipment or vehicle involved at the time immediately preceding the accident; ``(II) any theft or loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the item or the amount of the money (including legal tender of the United States or of a foreign country) involved at the time immediately preceding the theft or loss; or ``(III) any casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the casualty loss; and ``(ii) medical expenses resulting from any accident, theft, loss, or casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this clause shall not exceed the costs of medical care provided to the victim of the accident, theft, loss, or casualty loss; and ``(B) pain and suffering (including insurance settlement payments and general damages awarded by a court) related to an accident, theft, loss, or casualty loss, but the amount excluded under this subparagraph shall not exceed an amount determined by the Secretary on a case-by-case basis;''. (b) Certain Amounts Paid by States and Municipalities as Veterans Benefits.--Section 1503(a) of title 38, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (10); (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following new paragraph (11): ``(11) payment of a monetary amount of up to $5,000 to a veteran from a State or municipality that is paid as a veterans' benefit due to injury or disease; and''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to determinations of income for calendar years beginning after October 1, 2011. SEC. 6. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO OBTAIN CERTAIN INCOME INFORMATION FROM OTHER AGENCIES. Section 5317 of title 38, United States Code, is amended by striking ``September 30, 2011'' and inserting ``September 30, 2015''. SEC. 7. VETSTAR AWARD PROGRAM. (a) Establishment.--The Secretary of Veterans Affairs shall establish an award program, to be known as the ``VetStar Award Program'', to annually recognize businesses for their contributions to veterans' employment. (b) Administration.--The Secretary shall establish a process for the administration of the award program, including criteria for-- (1) categories and sectors of businesses eligible for recognition each year; and (2) objective measures to be used in selecting businesses to receive the award. (c) Veteran Defined.--In this section, the term ``veteran'' has the meaning given that term in section 101(2) of title 38, United States Code. SEC. 8. INCREASE IN AMOUNT OF PENSION FOR MEDAL OF HONOR RECIPIENTS. Section 1562(a) of title 38, United States Code, is amended by striking ``$1,000'' and inserting ``$2,000''. SEC. 9. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives September 28, 2010. Attest: LORRAINE C. MILLER, Clerk.

Veterans Benefits and Economic Welfare Improvement Act of 2010 - (Sec. 2) Directs the Secretary of Veterans Affairs (VA) and the Assistant Secretary of Labor for Veterans' Employment and Training to carry out a joint training program to provide eligible veterans with skills relevant to the job market. Makes eligible for such program any veteran who: (1) is not otherwise eligible for education or training services through the VA; (2) has not acquired a marketable skill since being separated or released from military service; (3) was discharged under honorable conditions; and (4) has been unemployed for at least 90 days during the 180-day period preceding program application, or, during such 180-day period, received a maximum hourly pay rate of not more than 150% of the federal minimum wage. Allows for payments to employers for the provision of apprenticeship or on-job training under such program. Authorizes appropriations. Terminates the program at the end of FY2016. (Sec. 3) Allows a VA benefits claimant to waive any claim development period upon submission of a fully developed claim, and requires the Secretary to provide expeditious treatment of such a claim. Requires the Secretary to notify a claimant of a non-fully developed claim within 30 days after that determination. Directs the Secretary, in denying a benefit, to include in a notice of that decision any form or application required to appeal the decision. (Sec. 4) Extends the 120-day time limit for the filing of a notice of appeal of a final decision of the Board of Veterans' Appeals for such time as justice may require, upon a showing of good cause. Applies such extension retroactively to final Board decisions issued on or after July 24, 2008. (Sec. 5) Excludes from annual income, for purposes of eligibility for VA pension benefits for veterans and their surviving spouses and children: (1) reimbursements for expenses resulting from any accident, theft or loss, or casualty loss, or medical expenses or pain and suffering related to such accidents or losses; and (2) payments of up to $5,000 paid by a state or municipality as a veterans' benefit due to injury or disease. (Sec. 6) Extends through FY2015 VA authority to obtain veterans' income verification information from the Commissioner of Social Security or the Secretary of the Treasury. (Sec. 7) Directs the Secretary to establish the VetStar Award Program to recognize annually businesses for their contribution to veterans' employment. (Sec. 8) Increases from $1,000 to $2,000 the special monthly pension for Medal of Honor recipients. (Sec. 9) Requires the budgetary effects of this Act to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, provided such statement has been submitted prior to the vote on passage.

To amend title 38, United States Code, to establish a transition program for new veterans, to improve the disability claim system, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees' Compensation Reform Act of 2011''. SEC. 2. FEDERAL WORKERS COMPENSATION REFORMS FOR RETIREMENT ELIGIBLE EMPLOYEES. (a) Transition to Retirement.-- (1) In general.--Chapter 81 of title 5, United States Code, is amended by inserting after section 8106 the following: ``Sec. 8106a. Transition to retirement ``(a) Definitions.--In this section-- ``(1) the term `covered employee' means an employee who-- ``(A) is paid compensation under section 8105 or 8106; and ``(B) on or after attaining retirement age is eligible for an annuity under chapter 83 or 84 (other than a survivor annuity); and ``(2) the term `retirement age' has the meaning given under section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)). ``(b) Notwithstanding any other provision of this chapter, the payment of compensation under section 8105 or 8106 to a covered employee shall terminate on the date that the covered employee-- ``(1) attains retirement age and is eligible for an annuity under chapter 83 or 84 (other than a survivor annuity); or ``(2) after attaining retirement age becomes eligible for an annuity under chapter 83 or 84 (other than a survivor annuity). ``(c) Not later than 1 year before the date that a covered employee attains retirement age or subsequently becomes eligible for an annuity under chapter 83 or 84 (other than a survivor annuity), the Secretary of Labor shall provide notice of this section to-- ``(1) the covered employee; ``(2) the employing agency of that covered employee; and ``(3) the Office of Personnel Management. ``(d) The employing agency of a covered employee shall file an application for an annuity with the Office of Personnel Management in accordance with section 8352 or 8471.''. (2) Technical and conforming amendment.--The table of sections for chapter 81 of title 5, United States Code, is amended by inserting after the item relating to section 8106 the following: ``Sec. 8106a. Transition to retirement.''. (b) Filing of Applications.-- (1) Civil service retirement system.-- (A) In general.--Chapter 83 of title 5, United States Code, is amended by inserting after section 8351 the following: ``Sec. 8352. Employees transitioning from workers compensation ``(a) Definition.--In this section, the term `covered employee' means an employee who is a covered employee as defined under section 8106a(a)(1) and is eligible for an annuity under this chapter. ``(b) Applications.--Not later than 1 year before the date of the termination of payments of compensation under section 8106a(b) to a covered employee who is eligible for an annuity under this chapter, the employing agency of that covered employee shall file an application for an annuity for that covered employee under this chapter with the Office of Personnel Management. ``(c) Regulations.--The Office of Personnel Management shall prescribe regulations to carry out this section.''. (B) Technical and conforming amendment.--The table of sections for chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8351 the following: ``Sec. 8352. Employees transitioning from workers compensation.''. (2) Federal employees retirement system.-- (A) In general.--Chapter 84 of title 5, United States Code, is amended by inserting after section 8470 the following: ``Sec. 8471. Employees transitioning from workers compensation ``(a) Definition.--In this section, the term `covered employee' means an employee who is a covered employee as defined under section 8106a(a)(1) and is eligible for an annuity under this chapter. ``(b) Applications.--Not later than 1 year before the date of the termination of payments of compensation under section 8106a(b) to a covered employee who is eligible for an annuity under this chapter, the employing agency of that covered employee shall file an application for an annuity for that covered employee under this chapter with the Office of Personnel Management. ``(c) Regulations.--The Office of Personnel Management shall prescribe regulations to carry out this section.''. (B) Technical and conforming amendment.--The table of sections for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8456 the following: ``Sec. 8471. Employees transitioning from workers compensation.''. SEC. 3. REGULATIONS. Not later than 180 days after the date of enactment of this Act, the Secretary of Labor, after consultation with the Director of the Office of Personnel Management, shall prescribe regulations to carry out this Act. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided under subsection (b), this Act (including the amendments made by this Act) shall take effect on the date of enactment of this Act. (b) Termination of Compensation.--Section 8106a(b) of title 5, United States Code, (as added by section 2 of this Act) shall take effect 1 year after the date regulations are prescribed under section 3.

Federal Employees' Compensation Reform Act of 2011 - Requires federal employees, including postal employees, who are receiving total or partial disability benefits under the Federal Employees Compensation Act (FECA) to convert to the federal retirement system when such employees reach retirement age as defined by the Social Security Act and are otherwise eligible for an annuity under the the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS).

A bill to amend chapter 81 of title 5, United States Code, to provide for reform relating to Federal employees workers compensation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sportsmen's Heritage And Recreational Enhancement Act'' or the ``SHARE Act''. SEC. 2. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY COMMITTEE. The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is amended by adding at the end the following: ``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY COMMITTEE. ``(a) Establishment.--There is hereby established the Wildlife and Hunting Heritage Conservation Council Advisory Committee (in this section referred to as the `Advisory Committee') to advise the Secretaries of the Interior and Agriculture on wildlife and habitat conservation, hunting, and recreational shooting. ``(b) Duties of the Advisory Committee.--The Advisory Committee shall advise the Secretaries with regard to-- ``(1) implementation of Executive Order No. 13443: Facilitation of Hunting Heritage and Wildlife Conservation, which directs Federal agencies `to facilitate the expansion and enhancement of hunting opportunities and the management of game species and their habitat'; ``(2) policies or programs to conserve and restore wetlands, agricultural lands, grasslands, forest, and rangeland habitats; ``(3) policies or programs to promote opportunities and access to hunting and shooting sports on Federal lands; ``(4) policies or programs to recruit and retain new hunters and shooters; ``(5) policies or programs that increase public awareness of the importance of wildlife conservation and the social and economic benefits of recreational hunting and shooting; and ``(6) policies or programs that encourage coordination among the public, the hunting and shooting sports community, wildlife conservation groups, and States, tribes, and the Federal Government. ``(c) Membership.-- ``(1) Appointment.-- ``(A) In general.--The Advisory Committee shall consist of no more than 16 discretionary members and 7 ex officio members. ``(B) Ex officio members.--The ex officio members are-- ``(i) the Director of the United States Fish and Wildlife Service or a designated representative of the Director; ``(ii) the Director of the Bureau of Land Management or a designated representative of the Director; ``(iii) the Director of the National Park Service or a designated representative of the Director; ``(iv) the Chief of the Forest Service or a designated representative of the Chief; ``(v) the Chief of the Natural Resources Conservation Service or a designated representative of the Chief; ``(vi) the Administrator of the Farm Service Agency or a designated representative of the Administrator; and ``(vii) the Executive Director of the Association of Fish and Wildlife Agencies. ``(C) Discretionary members.--The discretionary members shall be appointed jointly by the Secretaries from at least one of each of the following: ``(i) State fish and wildlife agencies. ``(ii) Game bird hunting organizations. ``(iii) Wildlife conservation organizations. ``(iv) Big game hunting organizations. ``(v) The tourism, outfitter, or guiding industry. ``(vi) The firearms or ammunition manufacturing industry. ``(vii) The hunting or shooting equipment retail industry. ``(viii) Tribal resource management organizations. ``(ix) The agriculture industry. ``(x) The ranching industry. ``(xi) Waterfowl hunting organizations. ``(D) Eligibility.--Prior to the appointment of the discretionary members, the Secretaries shall determine that all individuals nominated for appointment to the Advisory Committee, and the organization each individual represents, actively support and promote sustainable-use hunting, wildlife conservation, and recreational shooting. ``(2) Terms.-- ``(A) In general.--Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. Members shall not be appointed for more than 3 consecutive or nonconsecutive terms. ``(B) Terms of initial appointees.--As designated by the Secretary at the time of appointment, of the members first appointed-- ``(i) 6 members shall be appointed for a term of 4 years; ``(ii) 5 members shall be appointed for a term of 3 years; and ``(iii) 5 members shall be appointed for a term of 2 years. ``(3) Preservation of public advisory status.--No individual may be appointed as a discretionary member of the Advisory Committee while serving as an officer or employee of the Federal Government. ``(4) Vacancy and removal.-- ``(A) In general.--Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. ``(B) Removal.--Advisory Committee members shall serve at the discretion of the Secretaries and may be removed at any time for good cause. ``(5) Continuation of service.--Each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed. ``(6) Chairperson.--The Chairperson of the Advisory Committee shall be appointed for a 3-year term by the Secretaries, jointly, from among the members of the Advisory Committee. An individual may not be appointed as Chairperson for more than 2 consecutive or nonconsecutive terms. ``(7) Pay and expenses.--Members of the Advisory Committee shall serve without pay for such service, but each member of the Advisory Committee may be reimbursed for travel and lodging incurred through attending meetings of the Advisory Committee approved subgroup meetings in the same amounts and under the same conditions as Federal employees (in accordance with section 5703 of title 5, United States Code). ``(8) Meetings.-- ``(A) In general.--The Advisory Committee shall meet at the call of the Secretaries, the chairperson, or a majority of the members, but not less frequently than twice annually. ``(B) Open meetings.--Each meeting of the Advisory Committee shall be open to the public. ``(C) Prior notice of meetings.--Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register and be submitted to trade publications and publications of general circulation. ``(D) Subgroups.--The Advisory Committee may establish such workgroups or subgroups as it deems necessary for the purpose of compiling information or conducting research. However, such workgroups may not conduct business without the direction of the Advisory Committee and must report in full to the Advisory Committee. ``(9) Quorum.--Nine members of the Advisory Committee shall constitute a quorum. ``(d) Expenses.--The expenses of the Advisory Committee that the Secretaries determine to be reasonable and appropriate shall be paid by the Secretaries. ``(e) Administrative Support, Technical Services, and Advice.--A designated Federal Officer shall be jointly appointed by the Secretaries to provide to the Advisory Committee the administrative support, technical services, and advice that the Secretaries determine to be reasonable and appropriate. ``(f) Annual Report.-- ``(1) Required.--Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretaries, the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. If circumstances arise in which the Advisory Committee cannot meet the September 30 deadline in any year, the Secretaries shall advise the Chairpersons of each such Committee of the reasons for such delay and the date on which the submission of the report is anticipated. ``(2) Contents.--The report required by paragraph (1) shall describe-- ``(A) the activities of the Advisory Committee during the preceding year; ``(B) the reports and recommendations made by the Advisory Committee to the Secretaries during the preceding year; and ``(C) an accounting of actions taken by the Secretaries as a result of the recommendations. ``(g) Federal Advisory Committee Act.--The Advisory Committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). ``(h) Abolishment of the Existing Wildlife and Hunting Heritage Conservation Council Advisory Committee.--Effective on the date of the enactment of this Act, the Wildlife and Hunting Heritage Conservation Council formed in furtherance of section 441 of the Revised Statutes (43 U.S.C. 1457), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a), and other Acts applicable to specific bureaus of the Department of the Interior is hereby abolished.''.

Sportsmen's Heritage And Recreational Enhancement or SHARE Act - Amends the Fish and Wildlife Coordination Act to establish the Wildlife and Hunting Heritage Conservation Council Advisory Committee to advise the Secretaries of the Interior and of Agriculture (USDA) on wildlife and habitat conservation, hunting, and recreational shooting. Requires the Advisory Committee to report annually to the Secretaries and to Congress. Exempts the Advisory Committee from the Federal Advisory Committee Act. Abolishes the Wildlife and Hunting Heritage Conservation Council.

SHARE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Health Care Planning Improvement Act of 2007''. SEC. 2. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH SERVICES. (a) In General.--Section 1814(a)(2) of the Social Security Act (42 U.S.C. 1395f(a)(2)), in the matter preceding subparagraph (A), is amended-- (1) by inserting ``(as those terms are defined in section 1861(aa)(5))'' after ``clinical nurse specialist''; and (2) by inserting ``, or in the case of services described in subparagraph (C), a physician, or a nurse practitioner or clinical nurse specialist who is working in collaboration with a physician in accordance with State law, or a certified nurse- midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician'' after ``collaboration with a physician''. (b) Conforming Amendments.--(1) Section 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)) is amended-- (A) in paragraph (2)(C), by inserting ``, a nurse practitioner, a clinical nurse specialist, a certified nurse- midwife, or a physician assistant (as the case may be)'' after ``physician'' each place it appears; (B) in the second sentence, by striking ``or clinical nurse specialist'' and inserting ``clinical nurse specialist, certified nurse-midwife, or physician assistant''; (C) in the third sentence-- (i) by striking ``physician certification'' and inserting ``certification''; (ii) by inserting ``(or on January 1, 2008, in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2007)'' after ``1981''; and (iii) by striking ``a physician who'' and inserting ``a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who''; and (D) in the fourth sentence, by inserting ``, nurse practitioner, clinical nurse specialist, certified nurse- midwife, or physician assistant'' after ``physician''. (2) Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) is amended-- (A) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by inserting ``or, in the case of services described in subparagraph (A), a physician, or a nurse practitioner or clinical nurse specialist (as those terms are defined in 1861(aa)(5)) who is working in collaboration with a physician in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician'' after ``a physician''; and (ii) in each of clauses (ii) and (iii) of subparagraph (A) by inserting ``, a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be)'' after ``physician''; (B) in the third sentence, by inserting ``, nurse practitioner, clinical nurse specialist, certified nurse- midwife, or physician assistant (as the case may be)'' after physician; (C) in the fourth sentence-- (i) by striking ``physician certification'' and inserting ``certification''; (ii) by inserting ``(or on January 1, 2008, in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2007)'' after ``1981''; and (iii) by striking ``a physician who'' and inserting ``a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who''; and (D) in the fifth sentence, by inserting ``, nurse practitioner, clinical nurse specialist, certified nurse- midwife, or physician assistant'' after ``physician''. (3) Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (m)-- (i) in the matter preceding paragraph (1)-- (I) by inserting ``a nurse practitioner or a clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in subsection (aa)(5))'' after ``physician'' the first place it appears; and (II) by inserting ``a nurse practitioner, a clinical nurse specialist, a certified nurse- midwife, or a physician assistant'' after ``physician'' the second place it appears; and (ii) in paragraph (3), by inserting ``a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant'' after ``physician''; and (B) in subsection (o)(2)-- (i) by inserting ``, nurse practitioners or clinical nurse specialists (as those terms are defined in subsection (aa)(5)), certified nurse-midwives (as defined in section 1861(gg)), or physician assistants (as defined in subsection (aa)(5))'' after ``physicians''; and (ii) by inserting ``, nurse practitioner, clinical nurse specialist, certified nurse-midwife, physician assistant,'' after ``physician''. (4) Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended-- (A) in subsection (c)(1), by inserting ``, the nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), the certified nurse-midwife (as defined in section 1861(gg)), or the physician assistant (as defined in section 1861(aa)(5)),'' after ``physician''; and (B) in subsection (e)-- (i) in paragraph (1)(A), by inserting ``, a nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in section 1861(aa)(5))'' after ``physician''; and (ii) in paragraph (2)-- (I) in the heading, by striking ``Physician certification'' and inserting ``Rule of construction regarding requirement for certification''; and (II) by striking ``physician''. (c) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2008.

Home Health Care Planning Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to revise conditions of and limitations on payment for home health care services. Allows payment for home health services to Medicare beneficiaries by: (1) a nurse practitioner; (2) a clinical nurse specialist working in collaboration with a physician in accordance with state law; (3) a certified nurse-midwife; or (4) a physician assistant under a physician's supervision.

A bill to amend title XVIII of the Social Security Act to ensure more timely access to home health services for Medicare beneficiaries under the Medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kosova Peace and Democracy Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) The political rights of the Albanian majority in Kosova were curtailed in 1989 when the former Yugoslav Government in Belgrade illegally amended the Yugoslav federal constitution, revoking Kosova's autonomous status. (2) In September 1990, a referendum on the question of independence for Kosova was held in which 87 percent of those eligible to participate voted, and 99 percent of those voting supported independence for Kosova. (3) In May 1992, a Kosovar national parliament was elected and Dr. Ibrahim Rugova was overwhelmingly elected President of the Republic of Kosova. (4) The government in Belgrade has not allowed the new Kosovar government to assemble on Kosovar territory. (5) Credible reports of Serbian ``ethnic cleansing'' in Kosova have been received by the United Nations Special Rapporteur on Human Rights, and Serbian leader Slobodan Milosevic has called for the transfer of ethnic Albanians from their homes in Kosova to areas outside of Kosovar territory and their replacement by Serbs. (6) Since 1990, tens of thousands of Kosovars of Albanian origin have been dismissed from their jobs solely on the basis of their ethnicity. (7) Reports of brutal beatings of ethnic Albanians in Kosova by the mostly Serbian police are received almost daily. (8) The government in Belgrade has severely restricted the access of ethnic Albanians in Kosova to all levels of education solely on the basis of their ethnicity. (9) All forms of the media in Kosova, especially those in the Albanian language, are strictly controlled by the government in Belgrade and dissenting political views are systematically deleted from all forms of the media. (10) Under the ``Special Measures'' decree adopted in 1991, the government in Belgrade intentionally undermined the independent character of the judiciary of Kosova by dismissing hundreds of ethnic Albanian judges, replacing them with Serbs or Montenegrins, and changing the official court language to Serbian, which is not native to the Albanian majority. (11) Those expressing political views in opposition to the current government are frequently jailed and tortured while in prison by Serbian authorities, and occasional deaths of detainees have been reported. (12) Conference on Security and Cooperation in Europe observers dispatched to Kosova in 1991, were expelled by the government in Belgrade in July 1993. (13) Following the departure of such observers, several international human rights organizations, including Amnesty International, Human Rights Watch, and the Helsinki Federation for Human Rights, have documented an increase in humanitarian abuses in Kosova. (14) The economy of Kosova is under severe pressure caused by the combination of the closing of small businesses by Serbian authorities and the effect of international sanctions. (15) Radio Free Europe recently began broadcasts to the former Yugoslavia in Serbian and Croatian, but not in Albanian. (16) Congress has provided for the opening of a United States Information Agency cultural center in Prishtina, Kosova, in section 223 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, but security conditions have prevented the establishment of such center. (17) The closing of the airport in Prishtina, Kosova, represents an obstacle to the delivery of humanitarian goods into Kosova and a barrier to a return to normalcy. (18) The President has explicitly warned the government in Belgrade that ``in the event of conflict in Kosova caused by Serbian action, the United States will be prepared to employ military force against the Serbs in Kosova and in Serbia proper.''. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) ``ethnic cleansing'' and other acts of repression against the citizens of Kosova by the government in Belgrade must be halted immediately; (2) members of the elected government of Kosova should be allowed to assemble and exercise their legitimate mandate as elected representatives of the people of Kosova; (3) all individuals in Kosova whose employment was terminated on the basis of their ethnicity should be reinstated to their previous positions immediately; (4) the education system in Kosova should be reopened to all residents of Kosova regardless of ethnicity, and the majority ethnic Albanian population should be allowed to be educated in its native tongue; (5) all decrees undermining the autonomous and indigenous character of the Kosovar bar and judiciary should be reversed; (6) the right of the press and all forms of media in Kosova, including those in the Albanian language, relating to freedom of expression should be respected; (7) Conference on Security and Cooperation in Europe observers, expelled by the government in Belgrade in July 1993, should be readmitted to Kosova and their numbers expanded; (8) the United Nations should dispatch observers to Kosova to monitor human rights and to limit violence; (9) the airport in Prishtina, Kosova should be reopened; (10) the United States Information Agency should open a cultural center in Prishtina, Kosova, as provided in section 223 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, as soon as possible; (11) the ``no-fly-zone'', currently covering Bosnia, should be expanded to cover Kosova; (12) the United States should reiterate warnings to the government in Belgrade that it is prepared to respond with all necessary means in the event that Serbia expands the military conflict into Kosova; and (13) the North Atlantic Treaty Organization should develop plans to halt the spread of the Balkan conflict to Kosova. SEC. 4. PROHIBITION ON LIFTING OF SANCTIONS AGAINST SERBIA AND MONTENEGRO UNTIL CERTAIN CONDITIONS MET. (a) Codification of Executive Branch Sanctions.--The sanctions imposed on Serbia and Montenegro, as in effect on the date of the enactment of this Act, that were imposed by or pursuant to the following directives of the executive branch shall (except as provided under subsection (e)) remain in effect until the President certifies to the Congress that the conditions described in subsection (d) have been met: (1) Executive Order 12808 of May 30, 1992, as continued in effect on May 25, 1993. (2) Executive Order 12810 of June 5, 1992. (3) Executive Order 12831 of January 15, 1993. (4) Executive Order 12846 of April 25, 1993. (5) Department of State Public Notice 1427, effective July 11, 1991. (6) Proclamation 6389 of December 5, 1991 (56 Fed. Register 64467). (7) Department of Transportation Order 92-5-38 of May 20, 1992. (8) Federal Aviation Administration action of June 19, 1992 (14 C.F.R. Part 91). (b) Prohibition on Assistance.--No funds appropriated or otherwise made available by law may be obligated or expended on behalf of the government of Serbia or the government of Montenegro until the President certifies to the Congress that the conditions described in subsection (d) have been met. (c) International Financial Institutions.--The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance from that institution to the government of Serbia or the government of Montenegro, except for basic human needs, until the President certifies to the Congress that the conditions described in subsection (d) have been met. (d) Conditions Described.--The conditions described in this subsection are the following: (1) There is substantial progress toward the restoration of the independent identity and autonomy of Kosova. (2) There is substantial improvement in the human rights situation in Kosova, including improvement in those factors listed in paragraphs (5) through (11) of section 2. (3) International human rights observers are allowed to return to Kosova. (4) The elected government of Kosova is permitted to meet and carry out its legitimate mandate as elected representatives of the people of Kosova. (e) Waiver Authority.-- (1) In general.--The President may waive or modify the application, in whole or in part, of any sanction described in subsection (a), the prohibition in subsection (b), or the requirement in subsection (c). (2) Certification.--Such a waiver or modification may only be effective upon certification by the President to Congress that the President has determined that the waiver or modification is necessary-- (A) to meet emergency humanitarian needs; or (B) to achieve a negotiated settlement of the conflict in Kosova that is acceptable to the parties. SEC. 5. PROGRAMMING BY RADIO FREE EUROPE AND RADIO LIBERTY IN THE ALBANIAN LANGUAGE TO KOSOVA, THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA, AND OTHER AREAS. Not later than 3 months after the date of enactment of this Act, the Chairman of the Board for International Broadcasting shall submit to the Congress a plan, together with a detailed budget, for the establishment of a surrogate home service under the auspices of Radio Free Europe/Radio Liberty for Albanian populations living in Kosova and other areas of the former Yugoslavia. Such service shall be in the Albanian language and shall be broadcast not less than one hour per day.

Kosova Peace and Democracy Act of 1994 - Expresses the sense of the Congress with respect to ethnic relations and human rights in Kosova. Continues specified sanctions imposed against Serbia and Montenegro until the President certifies to the Congress that: (1) there is progress toward restoration of the independent identity and autonomy of Kosova; (2) there is improvement in the human rights situation in Kosova; (3) international human rights observers are allowed to return to Kosova; and (4) the elected government of Kosova is permitted to meet. Prohibits any funding on behalf of Serbia and Montenegro until such conditions have been met. Directs the Secretary of the Treasury to instruct the U.S. executive directors of the international financial institutions to oppose assistance to Serbia or Montenegro, except for basic human needs, until such conditions have been met. Authorizes the President to waive or modify such sanctions, prohibitions, or conditions if necessary to meet emergency humanitarian needs or achieve a settlement of the conflict in Kosova acceptable to the parties. Directs the Chairman of the Board for International Broadcasting to submit a plan and a budget for the establishment of a surrogate home service under the auspices of Radio Free Europe/Radio Liberty for Albanian populations living in Kosova and other areas of the former Yugoslavia.

Kosova Peace and Democracy Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Made in America Act of 2016''. SEC. 2. AMERICA STAR LABELS. (a) Establishment.--Not later than 2 years after the date of the enactment of this Act, the Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, to establish labels that a person may use as a voluntary means of indicating to consumers the extent to which products that such person introduces, delivers for introduction, sells, advertises, or offers for sale in commerce are of United States origin. Such labels shall be known as America Star labels. (b) Requirements for Labels.-- (1) In general.--The regulations required by subsection (a) shall establish 4 America Star labels, as follows: (A) A label that may be used for a product that satisfies the standard for an unqualified United States origin claim set forth by the Commission in the Enforcement Policy Statement. (B) A label that may be used for a product for which not less than 90 percent of the total cost of manufacturing the product is attributable to United States costs, as determined under the Enforcement Policy Statement. (C) A label that may be used for a product for which not less than 80 percent of the total cost of manufacturing the product is attributable to United States costs, as determined under the Enforcement Policy Statement. (D) A label that may be used for a product for which not less than 70 percent of the total cost of manufacturing the product is attributable to United States costs, as determined under the Enforcement Policy Statement. (2) Goals.--The America Star labels shall be designed to achieve the following goals: (A) Providing clarity for consumers about the extent to which products are manufactured in the United States. (B) Encouraging manufacturers to manufacture more products in the United States. (C) Highlighting the importance of domestic manufacturing for the economy of the United States. (3) Appearance and content; additional standards and requirements.--The regulations required by subsection (a) shall establish the visual appearance and content of the America Star labels, any standards (in addition to the standards described in paragraph (1)) that a product shall meet in order for a particular America Star label to be used for such product, and requirements for the permissible use of the America Star labels, as the Commission considers appropriate to achieve the goals described in paragraph (2) and to ensure that the labels-- (A) are consistent with public perceptions of the meaning of descriptions of the extent to which a product is of United States origin; and (B) are not used in a way that is unfair or deceptive, including, for a product that does not meet the standards for an America Star label, placing such label on such product, using such label in any marketing materials for such product, or in any other way representing that such product meets the standards of such label. (c) Use of Labels Voluntary.--The Commission may not require a person who makes a qualified or unqualified claim that a product is of United States origin to use an America Star label to make such claim. (d) Rule of Construction.--Nothing in this Act shall be construed to affect the standards of the Commission in effect on the day before the date of the enactment of this Act for a qualified or unqualified claim that a product is of United States origin. (e) Consultation.--In promulgating the regulations required by subsection (a), the Commission shall consult with-- (1) the Commissioner of United States Customs and Border Protection in order to ensure consistency with the country of origin labeling requirements under section 304 of the Tariff Act of 1930 (19 U.S.C. 1304); and (2) the United States Trade Representative in order to ensure consistency with the obligations of the United States under international trade agreements. (f) Enforcement.-- (1) Unfair or deceptive acts or practices.--A violation of a regulation promulgated under this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Commission shall enforce the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. SEC. 3. PREEMPTION OF CERTAIN STATE REQUIREMENTS. (a) Requirements More Stringent Than FTC Standards.--Section 320933 of the Violent Crime Control and Law Enforcement Act of 1994 (15 U.S.C. 45a) and any regulation promulgated by the Commission under such section shall supercede any provision of law of a State or a political subdivision of a State that imposes more stringent requirements relating to the extent to which any person may introduce, deliver for introduction, sell, advertise, or offer for sale in commerce a product with a ``Made in the U.S.A.'' or ``Made in America'' label, or the equivalent thereof, in order to represent that such product is in whole or substantial part of domestic origin. (b) Requirements Limiting Ability To Use America Star Labels.--The regulations promulgated under section 2 shall supercede any provision of law of a State or a political subdivision of a State relating to the extent to which any person introduces, delivers for introduction, sells, advertises, or offers for sale in commerce a product with a ``Made in the U.S.A.'' or ``Made in America'' label, or the equivalent thereof, in order to represent that such product is in whole or substantial part of domestic origin, to the extent that such provision would have the effect of limiting the ability of a person to use an America Star label with respect to a product in accordance with such regulations. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Enforcement policy statement.--The term ``Enforcement Policy Statement'' means the Enforcement Policy Statement on U.S. Origin Claims issued by the Commission in December 1998, or any successor guidance or regulation. (3) State.--The term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe.

Made in America Act of 2016 This bill directs the Federal Trade Commission (FTC) to establish labels that persons or businesses may use voluntarily to indicate to consumers the extent to which products introduced, delivered for introduction, sold, advertised, or offered for sale in commerce are of U.S. origin. The FTC must establish four categories of such labels, to be known as America Star labels, which may be used to designate products: (1) that satisfy the standard for an unqualified U.S. origin claim set forth by the FTC in the Enforcement Policy Statement on U.S. Origin Claims; or (2) for which not less than 90%, 80%, or 70% of the total cost of manufacturing is attributable to U.S. costs. The FTC must promulgate regulations for such labels and enforce such regulations under the Federal Trade Commission Act. The bill also preempts certain state law requirements relating to the use of "Made in the U.S.A." or "Made in America" labels. The preemption provisions provide for: (1) the Violent Crime Control and Law Enforcement Act of 1994 to supersede state laws that impose more stringent requirements, and (2) FTC regulations under this bill to supersede state laws.

Made in America Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``E-Rate 2.0 Act of 2010''. SEC. 2. E-RATE 2.0 PROGRAM FOR INCREASED ADOPTION. Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) is amended-- (1) by redesignating paragraph (7) as paragraph (10); and (2) by adding after paragraph (6) the following: ``(7) Digital divide mitigation.-- ``(A) In general.--The Commission shall implement a pilot program to extend broadband service to students who-- ``(i) qualify for funding under the federally subsidized school lunch program; ``(ii) attend secondary schools that receive support under this section; and ``(iii) who possess a computer for use at home. ``(B) Use of funds.--The pilot program shall distribute funding to such secondary schools to dispense vouchers to eligible students to be used for monthly service fees for residential broadband service for such students. ``(C) Rules.--The Commission shall promulgate rules to implement the pilot program, including rules to prevent vouchers from being sold or transferred to non- qualifying individuals. ``(D) Limitations.-- ``(i) Duration.--The pilot program shall be in effect for a period of 5 years after the effective date of the regulations promulgated under subparagraph (C). ``(ii) Maximum amount.--There is authorized to be appropriated to the Commission to implement the pilot program not more than $500,000,000 per year for the period described in clause (i).''. SEC. 3. ELIGIBILITY FOR DISCOUNTED RATES FOR COMMUNITY COLLEGES AND HEAD START PROGRAMS. (a) In General.--Section 254(h) of such Act (47 U.S.C. 254(h)) is further amended-- (1) in paragraph (2)(A), by striking ``classrooms,'' and inserting ``classrooms, community colleges, head start programs''; and (2) in paragraph (10) (as redesignated under section 2(1))-- (A) in subparagraph (C), by striking ``school,'' and inserting ``school, a community college, a head start program''; and (B) by adding at the end the following: ``(J) Community college.--The term `community college' has the meaning given the term `junior or community college' in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058). ``(K) Head start program.--The term `head start program' means any local public or private nonprofit agency that is designated by the Secretary of Health and Human Services as a Head Start agency under section 641 of the Head Start Act (42 U.S.C. 9836).''. (b) Pilot Project.--Section 254(h) of such Act (47 U.S.C. 254(h)) is further amended by inserting after paragraph (7), as added by section 2, the following: ``(8) Community colleges and head start programs pilot project.-- ``(A) In general.--The Commission shall implement a pilot project, not to exceed $150,000,000 in any one year, to extend funding for broadband equipment and services under this section to those community college or head start program applicants who best demonstrate need, maximization potential of broadband use consistent with their educational mission, and innovation with respect to use of broadband, web-based information and applications. ``(B) Rulemaking required.--The Commission shall adopt rules as necessary to implement this paragraph. ``(C) Specification.--For the first 5 years after the date of enactment of the E-Rate 2.0 Act of 2010, community colleges and head start programs shall receive funding for broadband equipment and services from the Federal government exclusively through this pilot project.''. SEC. 4. ELECTRONIC BOOKS PILOT PROJECT. Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) is further amended by inserting after paragraph (8), as added by section 3, the following: ``(9) E-books for e-rate.-- ``(A) In general.--The Commission shall implement a pilot project, not to exceed $50,000,000 in any one year, to extend to those secondary school applicants for funding under this section that are eligible for the highest percentage discounted rates under the Commission's regulations implementing this section an opportunity to apply for meaningfully discounted services and technologies for the use of electronic books. ``(B) Rulemaking required.--The Commission shall adopt such rules as may be necessary to implement this paragraph, including rules assuring that such technologies and services are incorporated into the course curricula of the applying secondary school and that implementation is on a technology-neutral basis. ``(C) Duration; report.-- ``(i) In general.--The pilot project shall last 4 years in duration. ``(ii) Report.--At the end of the third year of the operation of the pilot project, the Commission shall prepare and submit to Congress a report assessing the project. The report shall include metrics to gauge the impact on digital literacy and overall learning associated with the student use of the electronic books project. ``(D) Rulemaking required.--The Commission shall commence and complete a rulemaking in the final year of the pilot project and determine whether the program should be extended or terminated, and if extended, what additional entities should be eligible for funding, what level of funding is reasonable and affordable for such program, and what other modifications to the program are warranted consistent with the public interest.''. SEC. 5. IMPROVED ADMINISTRATION OF E-RATE APPLICATION PROCESS. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Federal Communications Commission shall develop and implement policies and procedures to streamline and simplify the application process under section 254(h) of the Communications Act of 1934 (commonly known as the ``E-Rate program'') for the purpose of-- (1) improving administration of the program; (2) increasing access to the benefits of the program; (3) minimizing the burden on applicants; and (4) maintaining measures to eliminate waste, fraud, and abuse. (b) Specific Modifications.--In carrying out subsection (a), the Federal Communications Commission shall consider whether the mission and goals of the E-Rate program would be better served by the following modifications to the administration of the program: (1) The establishment of a multi-year application for Priority One services such that applicants would be required to submit funding requests only once every 3 years for recurring services (such as telephone and Internet access services). (2) The use of an interactive Web site for communicating with applicants. (3) The deployment of interactive technology tools, such as online application forms, as part of the application process to reduce the use of paper-based means of communication and to improve the ability of applicants to receive clear and current information regarding their applications and the E-Rate program. SEC. 6. E-RATE FUND CAP MODIFICATION. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Federal Communications Commission shall complete a proceeding to revise the amount of the cap provided for in section 54.507(a) of title 47, Code of Federal Regulations, to account for inflation. (b) Report to Congress.--Not later than 30 days after completing the proceeding required by subsection (a), the Federal Communications Commission shall submit a report to Congress explaining what methodology the Commission will use to determine the appropriate adjustment under such subsection.

E-Rate 2.0 Act of 2010 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to implement a five-year pilot program which distributes funding to secondary schools participating in the E-Rate program (which provides discounted telecommunications services to certain schools and libraries) so that they can provide residential broadband service vouchers to students who are eligible to participate in the school lunch program and have a computer at home. Includes community colleges and Head Start agencies in the E-Rate program. Directs the FCC to implement a pilot program that, for the five years following this Act's enactment, is the exclusive source of federal funding for broadband equipment and services for community colleges and Head Start agencies. Requires the FCC to implement a four-year pilot program that allows secondary schools that are eligible for the highest percentage discounted rates under the E-Rate program to apply for meaningfully discounted services and technologies for the use of electronic books. Directs the FCC to: (1) develop and implement policies and procedures to streamline and simplify the E-Rate program application process; and (2) complete the proceeding to revise the E-Rate program funding cap so that the cap accounts for inflation.

To amend the Communications Act of 1934 to create a pilot program to bridge the digital divide by providing vouchers for broadband service to eligible students, to increase access to advanced telecommunications and information services for community colleges and head start programs, to establish a pilot program for discounted electronic books, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Historically Women's Public Colleges or Universities Historic Building Restoration and Preservation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Historically women's public college or university.--The term ``historically women's public college or university'' means a public institution of higher education created in the United States between 1836 and 1908 to provide industrial education for women, including the institutions listed in clauses (i) though (viii) of section 3(d)(2)(A). (2) Historic building or structure.--The term ``historic building or structure'' means a building or structure listed (or eligible to be listed) on the National Register of Historic Places, designated as a National Historic Landmark, or located within a designated historic district. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS AND STRUCTURES AT HISTORICALLY WOMEN'S PUBLIC COLLEGES OR UNIVERSITIES. (a) Authority To Make Grants.-- (1) In general.--From amounts made available under paragraph (2), the Secretary shall award grants in accordance with this section to historically women's public colleges or universities for the preservation and restoration of historic buildings and structures on their campuses. (2) Source of funding.--Grants under paragraph (1) shall be awarded from amounts appropriated to carry out the National Historic Preservation Act (16 U.S.C. 470 et seq.) for fiscal years 2001 through 2005. (b) Grant Conditions.--Grants made under subsection (a) shall be subject to the condition that the grantee agree, for the period of time specified by the Secretary, that-- (1) no alteration will be made in the property with respect to which the grant is made without the concurrence of the Secretary; and (2) reasonable public access to the property for which the grant is made will be permitted by the grantee for interpretive and educational purposes. (c) Matching Requirement for Buildings and Structures Listed on the National Register of Historic Places.-- (1) In general.--Except as provided by paragraph (2), the Secretary may obligate funds made available under this section for a grant with respect to a building or structure listed on the National Register of Historic Places, designated as a National Historic Landmark, or located within a designated historic district, only if the grantee agrees to provide for activities under the grant, from funds derived from non-Federal sources, an amount equal to 50 percent of the costs of the program to be funded under the grant with the Secretary providing 50 percent of such costs under the grant. (2) In-kind contributions.--In addition to cash outlays and payments, in-kind contributions of property or personnel services by non-Federal interests may be used for the non- Federal share of costs required by paragraph (1). (d) Funding Provisions.-- (1) Amounts to be made available.--Not more than $16,000,000 for each of the fiscal years 2001 through 2005 may be made available under this section. (2) Allocations for fiscal year 2001.-- (A) In general.--Of the amounts made available under this section for fiscal year 2001, there shall be available only for grants under subsection (a) $2,000,000 for each of the following: (i) Mississippi University for Women in Colombus, Mississippi. (ii) Georgia College and State University in Milledgeville, Georgia. (iii) University of North Carolina in Greensboro, North Carolina. (iv) Winthrop University in Rock Hill, South Carolina. (v) University of Montevallo in Montevallo, Alabama. (vi) Texas Woman's University in Denton, Texas. (vii) University of Science and Arts of Oklahoma in Chickasha, Oklahoma. (viii) Wesleyan College in Macon, Georgia. (B) Less than $16,000,000 available.--If less than $16,000,000 is made available under this section for fiscal year 2001, then the amount made available to each of the institutions listed in subparagraph (A) shall be reduced by the same amount. (3) Allocations for fiscal years 2002-2005.--Any funds which are made available during fiscal years 2002 through 2005 under subsection (a)(2) shall be distributed by the Secretary in accordance with the provisions of subparagraphs (A) and (B) of paragraph (2) to those grantees named in paragraph (2)(A) which remain eligible and desire to participate, on a uniform basis, in such fiscal years. (e) Regulations.--The Secretary shall promulgate such regulations as are necessary to carry out this Act. Passed the House of Representatives October 3, 2000. Attest: Clerk.

Sets forth: (1) grant conditions; (2) a 50 percent non-Federal funds matching requirement, including in- kind contributions; and (3) a limitation on the total amount of such grants in a fiscal year. Requires such amount for FY 2001 to be distributed equally among the following institutions: (1) Mississippi University for Women; (2) Georgia College and State University; (3) University of North Carolina at Greensboro, North Carolina; (4) Winthrop University in Rock Hill, South Carolina; (5) University of Montevallo in Montevallo, Alabama; (6) Texas Woman's University in Denton, Texas; (7) University of Science and Arts of Oklahoma in Chickasha, Oklahoma; and (8) Wesleyan College in Macon, Georgia. Requires such amounts for FY 2002 through 2005 also to be distributed among such institutions if they remain eligible and wish to participate, on a uniform basis, for such fiscal years.

Historically Women's Public Colleges or Universities Historic Building Restoration and Preservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restitution and Responsibility Act''. SEC. 2. GRANT PROGRAM. (a) In General.--The Attorney General is authorized to provide grants to States to enable the States to-- (1) collect data on victim restitution over a specified period of time as determined by the Attorney General; (2) create or expand automated data systems to track restitution payments; (3) make improvements in the manner in which restitution is ordered and collected; and (4) enhance and expand methods of enforcement of restitution orders. (b) Eligibility.--To be eligible to receive a grant under this Act, a State shall-- (1) submit an application to the Attorney General, in such form as the Attorney General shall require, that meets the requirements of subsection (c); and (2) certify that the State has a victim advocacy program that-- (A) provides assistance to victims of crime throughout the judicial process; and (B) provides courts with a victim impact statement prior to sentencing. (c) Application.--An application meets the requirements of this subsection if it includes-- (1) a description of the State's victim advocacy program; (2) a description of the method by which the State compiles or will compile data on restitution, including information on-- (A) restitution amounts ordered and collected; (B) collection rates for incarcerated offenders and offenders who are on probation; (C) collection rates for offenders committing felonies and for those committing misdemeanors; and (D) rates of partial and full payment rates of collection; (3) documentation of a State's current problems in ordering, collecting, and enforcing restitution; (4) a description of State laws and practices related to restitution; (5) a description of administrative and legislative options to improve ordering, collecting, and enforcing restitution; (6) a description of the State's proposal to create or expand an automated data processing system to track restitution payments; (7) a description of the State's plan to improve the ordering of restitution, including-- (A) provisions to ensure that courts order restitution whenever a victim suffers economic loss as a result of unlawful conduct by a defendant; (B) provisions to ensure that restitution is ordered in the full amount of the victim's loss, as determined by the court; (C) the prioritization of restitution in the ordering and disbursing of fees; and (D) such other provisions consistent with the purposes of this Act; (8) a description of how the State will improve collection of restitution payments, including-- (A) the establishment of a central accounting, billing, and collection system that tracks the offender's obligations and status in meeting those obligations; (B) a process by which information about an offender's restitution payments is made available to probation officials; (C) adopting methods to ensure payments such as automatic docketing, billing, wage withholding, privatization of collection, withholding State grant privileges, or seizure of state income tax refunds; and (D) other provisions consistent with the purposes of this Act; (9) a description of how the State will enforce restitution payments, including-- (A) assigning an agency responsible for the enforcement of a restitution order; (B) adopting policies to increase the intensity of sanctions if an offender defaults on payments, including-- (i) revoking a term of probation or parole; (ii) modifying the terms or conditions of probation or parole; (iii) holding a defendant in contempt of court; (iv) entering a restraining order or injunction; or (v) ordering the sale of property of the defendant; (C) adopting procedures to ensure restitution orders are entered as civil judgments upon entry to allow a victim to execute judgment if restitution payments are delinquent; (D) such other provisions consistent with the purposes of this Act; and (10) the establishment of a community restitution fund administered by a State agency into which restitution payments are made by an offender (in addition to victim restitution payments) and can be used to pay indigent offenders for performing public service work. (d) Waiver.--The Attorney General may waive the requirements under subsection (c) for a State that demonstrates sufficient cause for lack of compliance. (e) Grant Period.--A grant under this Act shall be awarded for a period of not more than 5 years. SEC. 3. REPORT. Each State receiving a grant under this Act shall submit an annual report to the Attorney General that includes an evaluation of the progress of the projects funded through the grant, an accounting of expenditures, and such other provisions as may be required by the Attorney General. The Attorney General shall issue an annual report to Congress that includes the information submitted by States under this section. SEC. 4. EVALUATION. (a) Final Evaluation.--Within a month after the award of the first grant made under this Act, the Attorney General shall contract with an independent organization to do a final evaluation of the projects funded by this Act at the end of 5 years. (b) Interim Evaluation.--The Attorney General shall conduct an interim evaluation of the projects funded by this Act 3 years after the first grant made under this Act. (c) Content of Reports.--The reports required by subsections (a) and (b) shall include the following information: (1) An evaluation of data collection efforts. (2) An assessment of whether ordering of restitution increased and whether prioritizing restitution in fees collected improved restitution payments. (3) An analysis of whether the project was successful in improving significantly restitution collection rates. (4) An evaluation of most effective methods in improving restitution collection and in enforcing restitution payments. (5) An analysis of how effective automated data systems were in increasing restitution collection. (6) An analysis of States' use of the community restitution fund and its effectiveness in ensuring indigent offenders pay restitution. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 in each of fiscal years 1997, 1998, 1999, 2000, and 2001 to carry out this Act.

Restitution and Responsibility Act - Authorizes the Attorney General to provide grants to enable the States to: (1) collect data on victim restitution over a specified period as determined by the Attorney General; (2) create or expand automated data systems to track restitution payments; (3) make improvements in the manner in which restitution is ordered and collected; and (4) enhance and expand methods of enforcement of restitution orders. Requires a State, to be eligible, to certify that it has a victim advocacy program that provides assistance to crime victims throughout the judicial process and provides courts with a victim impact statement prior to sentencing. Sets forth provisions regarding: (1) application requirements (including descriptions of the State's victim advocacy program, the method by which the State compiles data on restitution, the State's plan to improve the ordering of restitution and collection of restitution payments, how the State will enforce such payments, and the establishment of a community restitution fund); (2) waivers; (3) grant period; (4) reporting requirements; and (5) grant evaluation. Authorizes appropriations.

Restitution and Responsibility Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Manhattan Project National Historical Park Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Manhattan Project was an unprecedented top-secret program implemented during World War II to produce an atomic bomb before Nazi Germany; (2) a panel of experts convened by the President's Advisory Council on Historic Preservation in 2001-- (A) stated that ``the development and use of the atomic bomb during World War II has been called `the single most significant event of the 20th century'''; and (B) recommended that nationally significant sites associated with the Manhattan Project be formally established as a collective unit and be administered for preservation, commemoration, and public interpretation in cooperation with the National Park Service; (3) the Manhattan Project National Historical Park Study Act (Public Law 108-340; 118 Stat. 1362) directed the Secretary of the Interior, in consultation with the Secretary of Energy, to conduct a special resource study of the historically significant sites associated with the Manhattan Project to assess the national significance, suitability, and feasibility of designating one or more sites as a unit of the National Park System; (4) after significant public input, the National Park Service study found that ``including Manhattan Project-related sites in the national park system will expand and enhance the protection and preservation of such resources and provide for comprehensive interpretation and public understanding of this nationally significant story in the 20th century American history''; (5) the Department of the Interior, with the concurrence of the Department of Energy, recommended the establishment of a Manhattan Project National Historical Park comprised of resources at-- (A) Oak Ridge, Tennessee; (B) Los Alamos, New Mexico; and (C) Hanford, in the Tri-Cities area, Washington; and (6) designation of a Manhattan Project National Historical Park as a unit of the National Park System would improve the preservation of, interpretation of, and access to the nationally significant historic resources associated with the Manhattan Project for present and future generations to gain a better understanding of the Manhattan Project, including the significant, far-reaching, and complex legacy of the Manhattan Project. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to preserve and protect for the benefit of present and future generations the nationally significant historic resources associated with the Manhattan Project; (2) to improve public understanding of the Manhattan Project and the legacy of the Manhattan Project through interpretation of the historic resources associated with the Manhattan Project; (3) to enhance public access to the Historical Park consistent with protection of public safety, national security, and other aspects of the mission of the Department of Energy; and (4) to assist the Department of Energy, Historical Park communities, historical societies, and other interested organizations and individuals in efforts to preserve and protect the historically significant resources associated with the Manhattan Project. SEC. 4. DEFINITIONS. In this Act: (1) Historical park.--The term ``Historical Park'' means the Manhattan Project National Historical Park established under section 5. (2) Manhattan project.--The term ``Manhattan Project'' means the Federal program to develop an atomic bomb ending on December 31, 1946. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK. (a) Establishment.-- (1) Date.--Not later than 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Manhattan Project National Historical Park. (2) Areas included.--The Historical Park shall consist of facilities and areas listed under subsection (b) as determined by the Secretary, in consultation with the Secretary of Energy. The Secretary shall include the area referred to in subsection (b)(3)(A), the B Reactor National Historic Landmark, in the Historical Park. (b) Eligible Areas.--The Historical Park may only be comprised of one or more of the following areas, or portions of the areas, and depicted in the map titled ___ and numbered ____: (1) Oak ridge, tennessee.--Facilities, land, or interests in land that are-- (A) at Buildings 9204-3 and 9731 at the Y-12 National Security Complex; (B) at the X-10 Graphite Reactor at the Oak Ridge National Laboratory; (C) at the K-25 Building site at the East Tennessee Technology Park; and (D) at the former Guest House located at 210 East Madison Road. (2) Los alamos, new mexico.--Facilities, land, or interests in land that are-- (A) in the Los Alamos Scientific Laboratory National Historic Landmark District, or any addition to the Landmark District proposed in the National Historic Landmark Nomination--Los Alamos Scientific Laboratory (LASL) NHL District (Working Draft of NHL Revision), Los Alamos National Laboratory document LA-UR 12-00387 (January 26, 2012); (B) at the former East Cafeteria located at 1670 Nectar Street; and (C) at the former dormitory located at 1725 17th Street. (3) Hanford, washington.--Facilities, land, or interests in land that are-- (A) the B Reactor National Historic Landmark; (B) the Hanford High School in the town of Hanford and Hanford Construction Camp Historic District; (C) the White Bluffs Bank building in the White Bluffs Historic District; (D) the warehouse at the Bruggemann's Agricultural Complex; (E) the Hanford Irrigation District Pump House; and (F) the T Plant (221-T Process Building). (c) Written Consent of Owner.--No non-Federal property may be included in the Historical Park without the written consent of the owner. SEC. 6. AGREEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Energy (acting through the Oak Ridge, Los Alamos, and Richland site offices) shall enter into an agreement governing the respective roles of the Secretary and the Secretary of Energy in administering the facilities, land, or interests in land under the administrative jurisdiction of the Department of Energy that is to be included in the Historical Park under section 5(b), including provisions for enhanced public access, management, interpretation, and historic preservation. (b) Responsibilities of the Secretary.--Any agreement under subsection (a) shall provide that the Secretary shall-- (1) have decisionmaking authority for the content of historic interpretation of the Manhattan Project for purposes of administering the Historical Park; and (2) ensure that the agreement provides an appropriate advisory role for the National Park Service in preserving the historic resources covered by the agreement. (c) Responsibilities of the Secretary of Energy.--Any agreement under subsection (a) shall provide that the Secretary of Energy-- (1) shall ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of the Department of Energy at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site; (2) may consult with and provide historical information to the Secretary concerning the Manhattan Project; (3) shall retain responsibility, in accordance with applicable law, for any environmental remediation that may be necessary in or around the facilities, land, or interests in land governed by the agreement; and (4) shall retain authority and legal obligations for historic preservation and general maintenance, including to ensure safe access, in connection with the Department's Manhattan Project resources. (d) Amendments.--The agreement under subsection (a) may be amended, including to add to the Historical Park facilities, land, or interests in land within the eligible areas described in section 5(b) that are under the jurisdiction of the Secretary of Energy. SEC. 7. PUBLIC PARTICIPATION. (a) In General.--The Secretary shall consult with interested State, county, and local officials, organizations, and interested members of the public-- (1) before executing any agreement under section 6; and (2) in the development of the general management plan under section 8(b). (b) Notice of Determination.--Not later than 30 days after the date on which an agreement under section 6 is entered into, the Secretary shall publish in the Federal Register notice of the establishment of the Historical Park, including an official boundary map. (c) Availability of Map.--The official boundary map published under subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service. The map shall be updated to reflect any additions to the Historical Park from eligible areas described in section 5(b). (d) Additions.--Any land, interest in land, or facility within the eligible areas described in section 5(b) that is acquired by the Secretary or included in an amendment to the agreement under section 6(d) shall be added to the Historical Park. SEC. 8. ADMINISTRATION. (a) In General.--The Secretary shall administer the Historical Park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) General Management Plan.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary, with the concurrence of the Secretary of Energy, and in consultation and collaboration with the Oak Ridge, Los Alamos and Richland Department of Energy site offices, shall complete a general management plan for the Historical Park in accordance with section 12(b) of Public Law 91-383 (commonly known as the ``National Park Service General Authorities Act'') (16 U.S.C. 1a-7(b)). (c) Interpretive Tours.--The Secretary may, subject to applicable law, provide interpretive tours of historically significant Manhattan Project sites and resources in the States of Tennessee, New Mexico, and Washington that are located outside the boundary of the Historical Park. (d) Land Acquisition.-- (1) In general.--The Secretary may acquire land and interests in land within the eligible areas described in section 5(b) by-- (A) transfer of administrative jurisdiction from the Department of Energy by agreement between the Secretary and the Secretary of Energy; (B) donation; or (C) exchange. (2) No use of condemnation.--The Secretary may not acquire by condemnation any land or interest in land under this Act or for the purposes of this Act. (e) Donations; Cooperative Agreements.-- (1) Federal facilities.-- (A) In general.--The Secretary may enter into one or more agreements with the head of a Federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under the jurisdiction or control of the Federal agency. (B) Donations; cooperative agreements.--The Secretary may accept donations from, and enter into cooperative agreements with, State governments, units of local government, tribal governments, organizations, or individuals to further the purpose of an interagency agreement entered into under subparagraph (A) or to provide visitor services and administrative facilities within reasonable proximity to the Historical Park. (2) Technical assistance.--The Secretary may provide technical assistance to State, local, or tribal governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included within the Historical Park. (3) Donations to department of energy.--For the purposes of this Act, or for the purpose of preserving and providing access to historically significant Manhattan Project resources, the Secretary of Energy may accept, hold, administer, and use gifts, bequests, and devises (including labor and services). SEC. 9. CLARIFICATION. (a) No Buffer Zone Created.--Nothing in this Act, the establishment of the Historical Park, or the management plan for the Historical Park shall be construed to create buffer zones outside of the Historical Park. That an activity can be seen and heard from within the Historical Park shall not preclude the conduct of that activity or use outside the Historical Park. (b) No Cause of Action.--Nothing in this Act shall constitute a cause of action with respect to activities outside or adjacent to the established boundary of the Historical Park.

Manhattan Project National Historical Park Act - (Sec. 5) Establishes the Manhattan Project National Historical Park as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in land in one or more eligible areas or parts of such areas in Oak Ridge, Tennessee; Los Alamos, New Mexico; and Hanford, Washington. Requires inclusion of the B Reactor National Historic Landmark in Hanford. (Sec. 6) Directs the Secretary of the Interior (the Secretary) and the Secretary of Energy (DOE) to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under DOE's jurisdiction to be included in the Park. Requires the Secretary under any such agreement to: (1) have decisionmaking authority for the content of the historic interpretation of the Manhattan Project for purposes of administering the Historical Park, and (2) ensure that the agreement provides for an appropriate advisory role for the National Park Service (NPS) in preserving the historic resources covered by the agreement. Requires the DOE Secretary under any such agreement to: (1) ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of DOE at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site; (2) retain responsibility for any necessary environmental remediation; and (3) retain authority and legal obligations for historic preservation and general maintenance. (Sec. 7) Requires the Secretary to consult with interested state, county, and local officials, and members of the public before executing any such agreement and in developing the general management plan. (Sec. 8) Requires the Secretary to develop a general management plan for the Park in consultation and collaboration with the Oak Ridge, Los Alamos, and Richland DOE site offices. Authorizes the Secretary to provide interpretive tours of historically significant Manhattan Project sites and resources that are located outside the boundary of the Park. Prohibits the acquisition by condemnation of any land or interest in land for the purposes of this Act. Authorizes the Secretary to: (1) enter into agreements with federal agencies to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under their control; and (2) accept donations from, and enter into cooperative agreements with, state governments, local governments, tribal governments, organizations, or individuals to further the purpose of such an interagency agreement, or to provide visitor services and administrative facilities within proximity to the Historical Park. Authorizes the Secretary to provide technical assistance to such governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included in the Historical Park. (Sec. 9) Prohibits anything in this Act, the establishment of the Historical Park, or the management plan for the Historical Park from being construed as creating buffer zones outside of the Park. Prohibits anything in this Act from constituting a cause of action respecting activities outside or adjacent to the established boundary of the Park.

To establish the Manhattan Project National Historical Park in Oak Ridge, Tennessee, Los Alamos, New Mexico, and Hanford, Washington, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Chemical and Biological Warfare Agent Exposure Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Commission on Chemical and Biological Warfare Agent Exposure'' (in this Act referred to as the ``Commission''). (b) Composition.--The Commission shall be composed of 9 members (in this Act referred to as the ``members'') who shall be appointed as follows: (1) 3 members shall be appointed by the President. (2) 2 members shall be appointed by the Speaker of the House of Representatives. (3) 1 member shall be appointed by the minority leader of the House of Representatives. (4) 2 members shall be appointed by the President pro tempore of the Senate. (5) 1 member shall be appointed by the minority leader of the Senate. (c) Qualifications.-- (1) In general.--Members shall be appointed from among individuals with knowledge and expertise relevant to the duties of the Commission, and may not be officers or employees of the United States. (2) Exception.--A member who, when appointed to the Commission, was not an officer or employee of the United States, and who later becomes such an officer or employee may continue as a member for not longer than the 30-day period beginning on the date that the member becomes such an officer or employee. (d) Initial Appointments.--All initial appointments to the Commission shall be made not later than 90 days after the date of the enactment of this Act. (e) Chairman.--The Chairman of the Commission (in this Act referred to as the ``Chairman'') shall be elected by the members. (f) Period of Appointment.--Each member shall be appointed for the life of the Commission. (g) Security Clearances.--All members of the Commission shall apply for appropriate security clearances. The Secretary of Defense shall provide expedited processing of security clearances of members. (h) Initial Meeting.--The Commission shall convene its first meeting not later than 30 days after the date as of which all initial appointments to the Commission have been made. SEC. 3. INVESTIGATION. The Commission shall investigate the following: (1) The presence of chemical and biological warfare agents in the Persian Gulf theater during the Persian Gulf conflict, the amounts and locations of the agents present, and the proximity of members of the Armed Forces to such locations. (2) The location and nature of all releases, detections, or reports of chemical or biological warfare agents in connection with the Persian Gulf conflict, the identity of the units of the Armed Forces and the number of individuals potentially exposed to the agents, and the degree of exposure to the agents. (3) The level of preparedness of members of the Armed Forces to recognize and respond to possible exposure to chemical and biological warfare agents during the Persian Gulf conflict, the appropriateness of standards used by the Armed Forces to evaluate low levels of exposure to the agents, the adequacy of medical training and procedures of the Armed Forces for identifying and treating exposure to the agents, the adequacy of information provided to members of the Armed Forces on the possible presence or release of the agents, and the appropriateness of instructions and procedures followed to protect members of the Armed Forces from exposure to the agents. (4) The handling by the Department of Defense of reports on the use, presence, destruction, storage, and transportation of chemical and biological weapons in connection with the Persian Gulf conflict. (5) The adequacy of the recordkeeping and reporting procedures of the Department of Defense with respect to exposure to chemical and biological warfare agents. (6) The adequacy of Department of Defense training, preparation, detection, and safety procedures concerning chemical and biological warfare agents. SEC. 4. REPORT. Not later than 2 years after the first meeting of the Commission, the Commission shall submit to the President and the Congress a report containing-- (1) the results and findings of the investigation conducted under section 3; and (2) recommendations for such changes as the Commission considers appropriate, in the recordkeeping, reporting, preparation, and training procedures of the Department of Defense with respect to exposure to chemical and biological warfare agents, to improve the safety and readiness of members of the Armed Forces. SEC. 5. POWERS. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission may administer oaths to witnesses appearing before it. (b) Obtaining Information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman, the head of that department or agency shall furnish that information to the Commission in a full and timely manner. (c) Subpoena Power.-- (1) In general.--The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter under investigation by the Commission. (2) Failure to obey an order or subpoena.--If a person refuses to obey an order or subpoena of the Commission that is issued in connection with a Commission proceeding, the Commission may apply to the United States district court in the judicial district in which the proceeding is held for an order requiring the person to comply with the subpoena or order. (d) Immunity.--The Commission is an agency of the United States for purposes of part V of title 18, United States Code (relating to immunity of witnesses). (e) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 6. COMMISSION PROCEDURES. (a) Meetings.--The Commission shall meet at the call of the Chairman. (b) Quorum.--5 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (c) Delegation of Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. SEC. 7. PERSONNEL MATTERS. (a) Pay of Members.--Members shall not be paid by reason of their service as members. (b) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Director.--The Commission shall have a Director who shall be appointed by the Chairman. (d) Staff.--With the approval of the Commission and as the Director considers appropriate, the Director may-- (1) appoint trained investigators and other Commission personnel; and (2) fix the pay of such trained investigators and other Commission personnel. (e) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. SEC. 8. OTHER ADMINISTRATIVE PROVISIONS. (a) Postal and Printing Services.--The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the United States. (b) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties under this Act. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. SEC. 9. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974) authorized by this Act shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. SEC. 10. TERMINATION OF COMMISSION. The Commission shall terminate 60 days after submitting its report pursuant to section 4.

Commission on Chemical and Biological Warfare Agent Exposure Act - Establishes the Commission on Chemical and Biological Warfare Agent Exposure to investigate the presence of, and U.S. military personnel exposure to, chemical and biological warfare agents in the Persian Gulf theater during the Persian Gulf War. Requires a Commission report to the President and the Congress on investigation results and appropriate recommendations for changes in the recordkeeping, reporting, preparation, and training procedures of the Department of Defense with respect to such exposure in order to improve the safety and readiness of U.S. military personnel. Terminates the Commission 60 days after such report.

Commission on Chemical and Biological Warfare Agent Exposure Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Apples for Teachers Act''. SEC. 2. 2-PERCENT FLOOR ON MISCELLANEOUS ITEMIZED DEDUCTIONS NOT TO APPLY TO QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Section 67(b) of the Internal Revenue Code of 1986 (defining miscellaneous itemized deductions) is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) any deduction allowable for the qualified professional development expenses paid or incurred by an eligible teacher.''. (b) Definitions.--Section 67 of such Code (relating to 2-percent floor on miscellaneous itemized deductions) is amended by adding at the end the following new subsection: ``(g) Qualified Professional Development Expenses of Eligible Teachers.--For purposes of subsection (b)(13)-- ``(1) Qualified professional development expenses.-- ``(A) In general.--The term `qualified professional development expenses' means expenses-- ``(i) for tuition, fees, books, supplies, equipment, and transportation required for the enrollment or attendance of an individual in a qualified course of instruction, and ``(ii) with respect to which a deduction is allowable under section 162 (determined without regard to this section). ``(B) Qualified course of instruction.--The term `qualified course of instruction' means a course of instruction which-- ``(i) is-- ``(I) directly related to the curriculum and academic subjects in which an eligible teacher provides instruction, or ``(II) designed to enhance the ability of an eligible teacher to understand and use State standards for the academic subjects in which such teacher provides instruction, ``(ii) may-- ``(I) provide instruction in how to teach children with different learning styles, particularly children with disabilities and children with special learning needs (including children who are gifted and talented), or ``(II) provide instruction in how best to discipline children in the classroom and identify early and appropriate interventions to help children described in subclause (I) to learn, ``(iii) is tied to challenging State or local content standards and student performance standards, ``(iv) is tied to strategies and programs that demonstrate effectiveness in increasing student academic achievement and student performance, or substantially increasing the knowledge and teaching skills of an eligible teacher, ``(v) is of sufficient intensity and duration to have a positive and lasting impact on the performance of an eligible teacher in the classroom (which shall not include 1-day or short-term workshops and conferences), except that this clause shall not apply to an activity if such activity is one component described in a long-term comprehensive professional development plan established by an eligible teacher and the teacher's supervisor based upon an assessment of the needs of the teacher, the students of the teacher, and the local educational agency involved, and ``(vi) is part of a program of professional development which is approved and certified by the appropriate local educational agency as furthering the goals of the preceding clauses. ``(C) Local educational agency.--The term `local educational agency' has the meaning given such term by section 14101 of the Elementary and Secondary Education Act of 1965, as in effect on the date of the enactment of this subsection. ``(2) Eligible teacher.-- ``(A) In general.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher in an elementary or secondary school. ``(B) Elementary or secondary school.--The terms `elementary school' and `secondary school' have the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as so in effect.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the qualified elementary and secondary education expenses which are paid or incurred by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $400. ``(c) Definitions.-- ``(1) Eligible teacher.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher, instructor, counselor, aide, or principal in an elementary or secondary school on a full-time basis for an academic year ending during a taxable year. ``(2) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' means expenses for books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by an eligible teacher in the classroom. ``(3) Elementary or secondary school.--The term `elementary or secondary school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(2) Application with other credits.--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. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit to elementary and secondary school teachers who provide classroom materials.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Apples for Teachers Act - Amends the Internal Revenue Code to: (1) make the two percent floor on miscellaneous itemized deductions inapplicable to the qualified professional development expenses incurred by teachers; and (2) allow a credit to elementary and secondary school teachers who provide classroom materials.

To amend the Internal Revenue Code of 1986 to provide tax relief to elementary and secondary school teachers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Affordable Drugs from Canada Act of 2015''. SEC. 2. SAFE AND AFFORDABLE DRUGS FROM CANADA. Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end the following: ``SEC. 810. IMPORTATION BY INDIVIDUALS OF PRESCRIPTION DRUGS FROM CANADA. ``(a) In General.--Notwithstanding any other provision of this Act, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations permitting individuals to safely import into the United States a prescription drug described in subsection (b). ``(b) Prescription Drug.--A prescription drug described in this subsection-- ``(1) is a prescription drug that-- ``(A) is purchased from an approved Canadian pharmacy; ``(B) is dispensed by a pharmacist licensed to practice pharmacy and dispense prescription drugs in Canada; ``(C) is purchased for personal use by the individual, not for resale, in quantities that do not exceed a 90-day supply; ``(D) is filled using a valid prescription issued by a physician licensed to practice in a State in the United States; and ``(E) has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved by the Secretary under chapter V; and ``(2) does not include-- ``(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; ``(F) a parenteral drug; ``(G) a drug manufactured through 1 or more biotechnology processes, including-- ``(i) a therapeutic DNA plasmid product; ``(ii) a therapeutic synthetic peptide product of not more than 40 amino acids; ``(iii) a monoclonal antibody product for in vivo use; and ``(iv) a therapeutic recombinant DNA- derived product; ``(H) a drug required to be refrigerated at any time during manufacturing, packing, processing, or holding; or ``(I) a photoreactive drug. ``(c) Approved Canadian Pharmacy.-- ``(1) In general.--In this section, an approved Canadian pharmacy is a pharmacy that-- ``(A) is located in Canada; and ``(B) that the Secretary certifies-- ``(i) is licensed to operate and dispense prescription drugs to individuals in Canada; and ``(ii) meets the criteria under paragraph (3). ``(2) Publication of approved canadian pharmacies.--The Secretary shall publish on the Internet Web site of the Food and Drug Administration a list of approved Canadian pharmacies, including the Internet Web site address of each such approved Canadian pharmacy, from which individuals may purchase prescription drugs in accordance with subsection (a). ``(3) Additional criteria.--To be an approved Canadian pharmacy, the Secretary shall certify that the pharmacy-- ``(A) has been in existence for a period of at least 5 years preceding the date of such certification and has a purpose other than to participate in the program established under this section; ``(B) operates in accordance with pharmacy standards set forth by the provincial pharmacy rules and regulations enacted in Canada; ``(C) has processes established by the pharmacy, or participates in another established process, to certify that the physical premises and data reporting procedures and licenses are in compliance with all applicable laws and regulations, and has implemented policies designed to monitor ongoing compliance with such laws and regulations; ``(D) conducts or commits to participate in ongoing and comprehensive quality assurance programs and implements such quality assurance measures, including blind testing, to ensure the veracity and reliability of the findings of the quality assurance program; ``(E) agrees that laboratories approved by the Secretary shall be used to conduct product testing to determine the safety and efficacy of sample pharmaceutical products; ``(F) has established, or will establish or participate in, a process for resolving grievances and will be held accountable for violations of established guidelines and rules; ``(G) does not resell products from online pharmacies located outside Canada to customers in the United States; and ``(H) meets any other criteria established by the Secretary.''.

Safe and Affordable Drugs from Canada Act of 2015 Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require the Department of Health and Human Services (HHS) to promulgate regulations within 180 days permitting individuals to import a prescription drug purchased from an approved Canadian pharmacy that: is dispensed by a pharmacist licensed in Canada; is purchased for personal use in quantities not greater than a 90-day supply; is filled using a valid prescription issued by a physician licensed to practice in the United States; and has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved under the FFDCA. Sets forth exceptions, including for controlled substances and biological products. Establishes a certification process for approving Canadian pharmacies. Requires HHS to publish a list of approved Canadian pharmacies.

Safe and Affordable Drugs from Canada Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifelong Improvements in Food and Exercise (LIFE) Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Currently, 64.5 percent of adults in the United States, age 20 years and older, are overweight and 30.5 percent of them are obese. (2) Data from two National Health and Nutrition Examination Surveys show that among adults aged 20-74 years the prevalence of obesity increased from 15.0 percent in the 1976-1980 survey to 32.9 percent in the 2003-2004 survey. (3) 50 percent of women aged 20 to 74 are overweight or obese in the United States according to the National Women's Health Information Center. (4) In 2003-04, of children and adolescents 2-19 years of age more than 12,500,000 (or 17.1 percent) were overweight, and of adults more than 66,000,000 (or 32.2 percent) were obese. Almost 5 percent of adults were extremely obese. (5) The percentage of children who are overweight has more than doubled, and among adolescents the rates have more than tripled, since 1980 increasing from 5 percent to 17.1 percent. (6) More than 50 percent of adults in the United States do not get enough physical activity and national data have shown an increase in the calorie consumption of adults. (7) About two-thirds of young people in grades 9-12 are not engaged in recommended levels of physical activity. Daily participation in high school physical education classes dropped from 42 percent in 1991 to 33 percent in 2005. (8) The rising rates of obesity portend greater disease and health conditions including hypertension, high total cholesterol, Type 2 diabetes, coronary heart disease, stroke, gallbladder disease, osteoporosis, sleep apnea, and respiratory problems, and some cancers, such as endometrial, breast, and colon cancer. (9) Many underlying factors have been linked to the increase in obesity, such as increasing portion sizes, eating out more often, increased consumption of sugar-sweetened drinks, increasing television, computer, and electronic gaming time, changing labor markets, and fear of crime, which prevents outdoor exercise. (10) Chronic diseases account for 1.7 million, or 70 percent, of all deaths in the United States each year. Although chronic diseases are among the most common and costly health problems, they are also among the most preventable. Adopting a healthy lifestyle such as eating nutritious foods and engaging in physical activity, can prevent or control the devastating effects of these diseases. Although chronic diseases are among the most common and costly health problems, they are also among the most preventable. (11) According to the Surgeon General's Call to Action to Prevent and Decrease Overweight and Obesity, the cost of obesity in the United States in 2000 was more than $117 billion. SEC. 3. REDUCTION IN PREVALENCE OF OBESITY; PROGRAM FOR LIFELONG IMPROVEMENTS IN FOOD AND EXERCISE. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S the following section: ``reduction in prevalence of obesity ``Sec. 317T. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out a national program to conduct and support activities regarding individuals who are overweight or obese in order to make progress toward the goal of significantly reducing the number of cases of obesity among individuals in the United States. ``(b) Certain Activities.--In carrying out subsection (a), the Secretary shall (directly or through grants or contracts) carry out the following with respect to individuals who are overweight: ``(1) Activities to train health professionals to recognize that patients are overweight and to recommend prevention activities regarding such condition, including educating patients on the relationship between such condition and cardiovascular disease, diabetes and other health conditions, and on proper nutrition and regular physical activities. ``(2) Activities to educate the public with respect to the condition of being overweight, including the development of a strategy for a public awareness campaign. ``(3) The development and demonstration of intervention strategies for use at worksites and in community settings such as hospitals and community health centers. ``(c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2009, and such sums as may be necessary for each of the fiscal years 2010 through 2013.''.

Lifelong Improvements in Food and Exercise (LIFE) Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to carry out a national program to conduct and support activities regarding individuals who are overweight or obese in order to make progress toward the goal of significantly reducing obesity in the United States. Requires such activities to include: (1) training health professionals; (2) educating the public; and (3) developing and demonstrating intervention strategies for use at worksites and in community settings.

To amend the Public Health Service Act to provide for a national program to conduct and support activities toward the goal of significantly reducing the number of cases of overweight and obesity among individuals in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Native Veterans Land Allotment Equity Act''. SEC. 2. OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR ALLOTMENTS. Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629g) is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``In General'' and inserting ``Alaska Native Veteran Allotments''; (B) by striking paragraphs (1) through (4) and inserting the following: ``(1) Allotments.-- ``(A) Eligible recipients.--Any person described in paragraph (1) or (2) of subsection (b) shall be eligible to receive an allotment under the Act of May 17, 1906 (34 Stat. 197, chapter 2469), of not more than 2 parcels of Federal land, the total area of which shall not exceed 160 acres. ``(B) Filing deadline.--An allotment shall be filed for an eligible recipient not later than 3 years after the date on which the Secretary promulgates regulations pursuant to section 3 of the Alaska Native Veterans Land Allotment Equity Act. ``(2) Land available for allotments.-- ``(A) In general.--An allotment under this section shall be selected from land that is-- ``(i)(I) vacant; and ``(II) owned by the United States; ``(ii) selected by, or conveyed to, the State of Alaska, if the State voluntarily relinquishes or conveys to the United States the land for the allotment; or ``(iii) selected by, or conveyed to, a Native Corporation, if the Native Corporation voluntarily relinquishes or conveys to the United States the land for the allotment. ``(B) Relinquishment by native corporation.--If a Native Corporation relinquishes land under subparagraph (A)(iii), the Native Corporation may select appropriate Federal land, as determined by the Secretary, the area of which is equal to the area of the land relinquished by the Native Corporation, to replace the relinquished land. ``(C) Exclusions.--An allotment under this section shall not be selected from land that is located within-- ``(i) a right-of-way of the TransAlaska Pipeline; or ``(ii) an inner or outer corridor of such a right-of-way. ``(3) Alternative allotments.--A person described in paragraph (1) or (2) of subsection (b) who qualifies for an allotment under this section on land described in paragraph (2)(C) may select an alternative allotment from land that is-- ``(A) located within the boundaries land described in paragraph (2)(C); and ``(B)(i)(I) withdrawn under section 11(a)(1)(C); and ``(II) not selected, or relinquished after selection, under section 11(a)(3); ``(ii) contiguous to an outer boundary of land withdrawn under section 11(a)(1)(C), unless that land is within a National Park; or ``(iii) vacant, unappropriated, and unreserved.''; and (C) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (2) in subsection (b)-- (A) in paragraph (1), by striking subparagraph (B) and inserting the following: ``(B) is a veteran who served during the period beginning August 5, 1964, and ending May 7, 1975.''; (B) by striking paragraph (2) and inserting the following: ``(2) Deceased individuals.--If an individual who would otherwise have been eligible for an allotment under this section dies before applying for an allotment, an heir of the individual may apply for, and receive, an allotment under this section, on behalf of the estate of the individual.''; (C) in paragraph (3), by inserting before the period at the end the following: ``, other than an heir who applies for, and receives, an allotment on behalf of the estate of a deceased individual under paragraph (2).''; (3) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and (4) by adding at the end the following: ``(d) Approval of Allotments.-- ``(1) In general.--Subject to any valid right in existence on the date of enactment of the Alaska Native Veterans Land Allotment Equity Act, and except as provided in paragraph (3), not later than January 31, 2010, the Secretary shall-- ``(A) approve any application for an allotment filed in accordance with subsection (a); and ``(B) issue a certificate of allotment under any term, condition, or restriction as the Secretary determines to be appropriate. ``(2) Notification.--Not later than October 31, 2007, on receipt of an application for an allotment under this section, the Secretary shall provide to any person or entity that has an interest in land described in subsection (a)(2) that is potentially adverse to the interest of the applicant notice of the right of the person or entity, not later than 90 days after the date of receipt of the notice-- ``(A) to initiate a private contest of the allotment; or ``(B) to file a protest against the allotment in accordance with procedures established by the Secretary. ``(3) Action by secretary.--If a private contest or protest relating to an application for an allotment is initiated or filed under paragraph (2), the Secretary shall not issue a certificate to the allotment under paragraph (1)(B) until a final determination has been made with respect to the private contest or protest. ``(e) Reselection.--A person that selected an allotment under this section may withdraw that selection and reselect land in accordance with this section after the date of enactment of the Alaska Native Veterans Land Allotment Equity Act, if the land originally selected-- ``(1) was selected before the date of enactment of the Alaska Native Veterans Land Allotment Equity Act; and ``(2) as of the date of enactment of that Act, was not conveyed to the person.''. SEC. 3. REGULATIONS. Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall promulgate final regulations to carry out the amendments made by this Act.

Alaska Native Veterans Land Allotment Equity Act - Amends the Alaska Native Claims Settlement Act (ANCSA) with respect to the open season during which certain Alaska Native Vietnam veterans are eligible to file for allotments of up to two parcels of federal land totaling up to 160 acres. Ends such open season three years after regulations have been issued under this Act. Revises the requirements for selection of such allotments. Allows allotments to be selected from land that is selected by or conveyed to the State of Alaska or a Native Corporation if the State or Native Corporation voluntarily relinquishes or conveys to the United States the land for the allotment. Limits the prohibition against the conveyance of certain allotments to: (1) lands within the right-of-way granted for the TransAlaska Pipeline; or (2) the inner or outer corridor of such right-of-way. Expands the eligibility for allotment to veterans who served between August 5, 1964, and May 7, 1975. Allows an heir (currently, only the personal representative or special administrator for the benefit of heirs) to apply for and receive an allotment on behalf of the estate of a deceased eligible individual. Prescribes criteria for the approval of allotment applications. Permits any person who made an allotment selection under this Act to withdraw it and reselect land in accordance with this Act, if the land originally selected: (1) was selected before enactment of this Act; and (2) as of the enactment of this Act, was not conveyed to the person.

A bill to amend the Alaska Native Claims Settlement Act to provide for equitable allotment of land to Alaska Native veterans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Pipeline Safety Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) the Great Lakes are an invaluable national resource, containing one-fifth of the world's fresh surface water and 95 percent of the United States freshwater supply; (2) over 40,000,000 people depend on the Great Lakes for fresh drinking water; (3) the Great Lakes provide 56,000,000,000 gallons of water per day for municipal, agricultural and industrial use; (4) there are more than 3,500 species of plants and animals within the Great Lakes ecosystem; (5) hundreds of thousands of jobs, tied to the $7,000,000,000 recreational fishing and $16,000,000,000 recreational boating industries, directly depend on the Great Lakes; (6) currently, several million gallons per day of hazardous liquids are transported by pipeline across various points along the Great Lakes; (7) modeling studies by the University of Michigan in 2014 and 2016 have concluded that an oil spill originating from a pipeline under the Straits of Mackinac would present particularly severe consequences, potentially impacting over 700 miles of Great Lakes shoreline; (8) a joint NOAA-U.S. Coast Guard guidebook on oil spill response planning in marine environments states that, during the first 24 to 48 hours of open water exposure, most oil spills become difficult to recover, burn, or chemically disperse; (9) swift currents beneath the straits and waterways which connect the Great Lakes could rapidly disperse oil spill contaminants following a pipeline breach; (10) certain pipelines on the Great Lakes are located in close proximity to municipal drinking water collection intakes for millions of people; and (11) the United States should seek to protect the Great Lakes, as a unique national asset, from unreasonable risk of environmental and economic harm. SEC. 3. STUDY ON ECONOMIC AND ENVIRONMENTAL RISKS TO THE GREAT LAKES. (a) Study.--Notwithstanding a pipeline integrity management program, integrity management assessment schedule, or considerations by the Secretary of Transportation resulting in a corrective action order pursuant to section 60112 of title 49, United States Code, not later than 18 months after the date of enactment of this Act, the Secretary shall, in consultation with the United States Coast Guard, the Environmental Protection Agency, the Federal Energy Regulatory Commission, and other agencies as appropriate, conduct a study to determine the economic and environmental risks to the Great Lakes of spills or leaks of oil or other hazardous liquids in the Straits of Mackinac from a rupture, breakage, or other failure of onshore, underwater pipeline facilities within the Straits. (b) Contents.--The study required under subsection (a) shall-- (1) meet the content requirements of an environmental impact statement as described in part 1502 of title 40, Code of Federal Regulations; (2) describe the potential impacts of such spills or leaks to the public health or welfare, wildlife populations, ecosystems, shorelines, public and private property, economic activity, and water quality in the Great Lakes and connecting waterways; (3) include an assessment of spill responses in a variety of likely and worst-case spill scenarios in those waters; and (4) include the supplemental study conducted under subsection (c). (c) Supplemental Study.--The Secretary of Transportation shall conduct, in collaboration with pipeline facility operators and any necessary agencies, a supplemental study to evaluate the condition and structural integrity of onshore, underwater pipeline facilities in the Straits of Mackinac, taking into consideration the age, construction materials, external and internal corrosion, weld integrity, pressure, underwater currents, possible external damage caused by anchor strikes or dragging by recreational or cargo vessels, and the presence of in- line shutoff valves. Such supplemental study shall utilize both internal inspection technology and pipeline route surveys, depth of cover surveys, pressure tests, external corrosion direct assessment, or other technology that the operator demonstrates can further the understanding of the condition of the pipeline facility. (d) Termination of Operation.--Not later than 18 months after the date of enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall terminate the operations of an onshore, underwater pipeline facility located in the Straits of Mackinac if the Administrator determines that, based on the studies conducted under subsections (a) and (c), such facility poses a sufficient risk of hazard to life, property, or the environment to necessitate the termination.

Great Lakes Pipeline Safety Act of 2016 This bill directs the Department of Transportation (DOT) to conduct a study to determine the economic and environmental risks of oil or hazardous liquids spills or leaks in the Straits of Mackinac that a failure of onshore, underwater pipeline facilities within the straits would pose to the Great Lakes. In addition, DOT must evaluate the condition and structural integrity of the facilities. DOT shall terminate operations of a facility upon a determination, based on such studies, that risk of hazard to life, property, or the environment warrants termination.

Great Lakes Pipeline Safety Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Accountability and Review of Federal Agencies Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established the Commission on the Accountability and Review of Federal Agencies (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall consist of 12 members, all of whom shall be appointed by the President not later than 90 days after the date of enactment of this Act. (2) Chairperson and vice chairperson.--The President shall designate a chairperson and vice chairperson from among the members of the Commission. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.--The Commission shall meet at the call of the chairperson. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 3. DUTIES OF THE COMMISSION. (a) Definition.--In this section: (1) In general.--Except as provided in paragraph (2), the term ``agency'' has the meaning given the term ``executive agency'' under section 105 of title 5, United States Code. (2) Exception.--The term ``agency'' does not include the Department of Defense or its subdivisions. (b) In General.--The Commission shall-- (1) evaluate all agencies and programs within those agencies, using the criteria under subsection (c); and (2) submit to Congress-- (A) a plan with recommendations of the agencies and programs that should be realigned or eliminated; and (B) proposed legislation to implement the plan described under subparagraph (A). (c) Criteria.-- (1) Duplicative.--If 2 or more agencies or programs are performing the same essential function and the function can be consolidated or streamlined into a single agency or program, the Commission shall recommend that the agency or program be realigned. (2) Wasteful or inefficient.--The Commission shall recommend the realignment or elimination of any agency or program that has wasted Federal funds by-- (A) egregious spending; (B) mismanagement of resources and personnel; or (C) use of such funds for personal benefit or the benefit of a special interest group. (3) Outdated, irrelevant, or failed.--The Commission shall recommend the elimination of any agency or program that-- (A) has completed its intended purpose; (B) has become irrelevant; or (C) has failed to meet its objectives. (d) Systematic Assessment of Programs.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the President shall-- (A) establish a systematic method for assessing the effectiveness and accountability of agency programs; and (B) submit, to the Commission, assessments of not less than \1/2\ of all programs covered under subsection (b)(1) that use the method established under subparagraph (A). (2) Method objectives.--The method established under paragraph (1) shall-- (A) recognize different types of federal programs; (B) assess programs based primarily on the achievement of performance goals (as defined under section 1115(f)(4) of title 31, United States Code); and (C) assess programs based in part on the adequacy of the program's performance measures, financial management, and other factors determined by the President. (3) Development.--The method established under paragraph (1) shall not be implemented until it has been reviewed and accepted by the Commission. (4) Consideration of assessments.--The Commission shall consider assessments submitted under this subsection when evaluating programs under subsection (b)(1). (e) Common Performance Measures.--Not later than 1 year after the date of enactment of this Act, the President shall identify common performance measures for programs covered in subsection (b)(1) that have similar functions and, to the extent feasible, provide the Commission with data on such performance measures. (f) Report.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that includes-- (A) the plan described under subsection (b)(2)(A), with supporting documentation for all recommendations; and (B) the proposed legislation described under subsection (b)(2)(B). (2) Use of savings.--The proposed legislation described under subsection (b)(2)(B) shall provide that all funds saved by the implementation of the plan described under subsection (b)(2)(A) shall be used to-- (A) support other domestic programs; or (B) pay down the national debt. (3) Relocation of federal employees.--The proposed legislation under paragraph (1)(B) shall provide that if the position of an employee of an agency is eliminated as a result of the implementation of the plan under paragraph (1)(A), the affected agency shall make reasonable efforts to relocate such employee to another position within the agency or within another Federal agency. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act-- (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as any member of the Commission considers advisable; (2) require, by subpoena or otherwise, the attendance and testimony of such witnesses as any member of the Commission considers advisable; and (3) require, by subpoena or otherwise, the production of such books, records, correspondence, memoranda, papers, documents, tapes, and other evidentiary materials relating to any matter under investigation by the Commission. (b) Subpoenas.-- (1) Issuance.--Subpoenas issued under subsection (a) shall bear the signature of the chairperson of the Commission and shall be served by any person or class of persons designated by the chairperson for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (c) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Non-federal members.--Except as provided under subsection (b), each member of the Commission who is not an officer or employee of the Federal Government shall not be compensated. (2) Federal officers or employees.--All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--Upon the approval of the chairperson, the executive director may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the maximum rate payable for a position at GS-15 of the General Schedule under section 5332 of such title. (3) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the report under section 3(f). SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS. (a) Definitions.--In this section: (1) Implementation bill.--The term ``implementation bill'' means only a bill which is introduced as provided under subsection (b), and contains the proposed legislation included in the report submitted to Congress under section 3, without modification. (2) Calendar day.--The term ``calendar day'' means a calendar day other than 1 on which either House is not in session because of an adjournment of more than 3 days to a date certain. (b) Introduction; Referral; and Report or Discharge.-- (1) Introduction.--On the first calendar day on which both Houses are in session, on or immediately following the date on which the report is submitted to Congress under section 3, a single implementation bill shall be introduced (by request)-- (A) in the Senate by the Majority Leader of the Senate, for himself and the Minority Leader of the Senate, or by Members of the Senate designated by the Majority Leader and Minority Leader of the Senate; and (B) in the House of Representatives by the Speaker of the House of Representatives, for himself and the Minority Leader of the House of Representatives, or by Members of the House of Representatives designated by the Speaker and Minority Leader of the House of Representatives. (2) Referral.--The implementation bills introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and any appropriate committee of jurisdiction in the House of Representatives. A committee to which an implementation bill is referred under this paragraph may report such bill to the respective House without amendment. (3) Report or discharge.--If a committee to which an implementation bill is referred has not reported such bill by the end of the 15th calendar day after the date of the introduction of such bill, such committee shall be immediately discharged from further consideration of such bill, and upon being reported or discharged from the committee, such bill shall be placed on the appropriate calendar. (c) Floor Consideration.-- (1) In general.--When the committee to which an implementation bill is referred has reported, or has been discharged under subsection (b)(3), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the implementation bill, and all points of order against the implementation bill (and against consideration of the implementation bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the implementation bill is agreed to, the implementation bill shall remain the unfinished business of the respective House until disposed of. (2) Amendments.--An implementation bill may not be amended in the Senate or the House of Representatives. (3) Debate.--Debate on the implementation bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the implementation bill is not in order. A motion to reconsider the vote by which the implementation bill is agreed to or disagreed to is not in order. (4) Vote on final passage.--Immediately following the conclusion of the debate on an implementation bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the implementation bill shall occur. (5) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to an implementation bill shall be decided without debate. (d) Coordination With Action by Other House.--If, before the passage by 1 House of an implementation bill of that House, that House receives from the other House an implementation bill, then the following procedures shall apply: (1) Nonreferral.--The implementation bill of the other House shall not be referred to a committee. (2) Vote on bill of other house.--With respect to an implementation bill of the House receiving the implementation bill-- (A) the procedure in that House shall be the same as if no implementation bill had been received from the other House; but (B) the vote on final passage shall be on the implementation bill of the other House. (e) Rules of Senate and House of Representatives.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an implementation bill described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for carrying out this Act for each of the fiscal years 2004 through 2006.

Commission on the Accountability and Review of Federal Agencies Act - Establishes the Commission on the Accountability and Review of Federal Agencies to: (1) evaluate executive agencies and their programs; and (2) submit to Congress a plan recommending agencies and programs that should be realigned or eliminated and proposing implementing legislation.Directs the President to: (1) establish a systematic method for assessing the effectiveness and accountability of agency programs; and (2) submit to the Commission assessments of not less than half of the programs that use such method. Prohibits the implementation of such method until it has been reviewed and accepted by the Commission, which shall consider such assessments submitted.Requires the President to identify common performance measures for programs having similar functions and provide the Commission with data on such measures.

A bill to establish a commission to conduct a comprehensive review of Federal agencies and programs and to recommend the elimination or realignment of duplicative, wasteful, or outdated functions, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Minimum Tax Reform Act of 1993''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. DEPRECIATION ADJUSTMENT USED IN COMPUTING ALTERNATIVE MINIMUM TAXABLE INCOME. (a) 150-Percent Declining Balance Method.-- (1) In general.--Paragraph (1) of section 56(a) (relating to depreciation) is amended to read as follows: ``(1) Depreciation.-- ``(A) 150-percent declining balance method.-- ``(i) In general.--In the case of property not described in clause (ii), the depreciation deduction allowable under section 167 shall be determined as provided in section 168(a), except that the applicable depreciation method under section 168(a)(1) shall be-- ``(I) the 150-percent declining balance method (200-percent declining balance method in the case of computer or peripheral equipment (as defined in section 168(i)(2)(B)), ``(II) switching to the straight line method for the 1st taxable year for which using the straight line method with respect to the adjusted basis as of the beginning of the year will yield a higher allowance. ``(ii) Property not using 150-percent method.--Property described in this clause is section 1250 property (as defined in section 1250(c)) or any other property if the depreciation deduction determined under section 168 with respect to such other property for purposes of the regular tax is determined by using the straight line method. ``(B) Normalization rules.--With respect to public utility property described in section 168(i)(10), the Secretary shall prescribe the requirements of a normalization method of accounting for this section.''. (2) No adjustment for adjusted current earnings system.-- Clause (i) of section 56(g)(4)(A) (relating to depreciation adjustments for computing adjusted current earnings) is amended by adding at the end the following new sentence: ``The preceding sentence shall not apply to property placed in service in taxable years beginning after December 31, 1992, and the depreciation deduction with respect to such property shall be determined under the rules of subsection (a)(1)(A).''. (b) Exception for Environmental Property.-- (1) In general.--Section 56(a)(1) (relating to depreciation adjustments), as amended by subsection (a)(1), is amended by adding at the end the following new subparagraph: ``(C) Environmental improvement assets.--This paragraph shall not apply to environmental improvement assets (as defined in section 59(k)).''. (2) Environmental improvement assets.--Section 59 (relating to definition and special rules) is amended by adding at the end the following new subsection: ``(k) Environmental Improvement Assets.-- ``(1) In general.--For purposes of section 56(a)(1)(B), the term `environmental improvement asset' means tangible property which is-- ``(A) of a character subject to the allowance for depreciation provided in section 167; ``(B) used for, or is functionally related to property used for, one or more of the following purposes-- ``(i) source reduction, ``(ii) solid waste minimization, ``(iii) waste conversion or recycling, ``(iv) reduction of environmental hazards, ``(v) compliance with environmental permits, rules, and similar requirements, including requirements with respect to noise pollution such as the reduction of aircraft noise level to stage 3 noise level (as defined in 14 CFR Sec. 36.1(f)(5)), ``(vi) prevention, containment or control of unplanned releases, or ``(vii) the manufacture, distribution and sale of alternate fuels and blending stocks or fuel additives for reformulated fuels, and ``(C) except in the case of property used for the reduction of aircraft noise levels described in subparagraph (B)(v), located and used exclusively in the United States during the taxable year. If only a portion of property described in subparagraphs (A) and (C) is described in subparagraph (B), such portion shall be treated as an environmental improvement asset. ``(2) Other definitions.--For purposes of this subsection-- ``(A) Source reduction.--The term `source reduction' means reduction of the amount of regulated substances or other pollutants from fixed or mobile sources released into the environment if such reduction reduces hazards to public health or environment. ``(B) Solid waste minimization.--The term `solid waste minimization' means the reduction in the generation of, or the recovery of commercially usable products from, residual materials which are classified as, or which if disposed would be classified as, solid wastes (within the meaning of the Resource Conservation and Recovery Act). ``(C) Waste conversion or recycling.--The term `waste conversion or recycling' means the processing or conversion of liquid, solid, or gaseous wastes into fuel, energy, or other commercially usable products, and the production of such products if production occurs at the same facility as the conversion. ``(D) Abatement of environmental hazards.--The term `abatement of environmental hazards' includes the abatement, reduction, monitoring, or stabilization of potential human exposure to toxic chemicals, hazardous or extremely hazardous substances, or harmful radiation. ``(E) Unplanned releases.--The term `unplanned releases' means any release of regulated substances (except federally permitted releases), including indoor releases. ``(F) Regulated substance.--The term `regulated substance' includes any substance the release or emission of which is prohibited, limited, or regulated by Federal or State law or by Federal regulations (as determined without regard to whether a particular release would have been prohibited or limited). ``(G) Release.--The term `release' means any spilling, leaking, pouring, discharging, escaping, dumping, or disposing into the environment, including the abandonment or discarding of barrels or other closed receptacles.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after December 31, 1992. SEC. 3. PRE-1993 MINIMUM TAX ALLOWED AS CREDIT AGAINST MINIMUM TAX FOR CERTAIN TAXPAYERS. (a) In General.--Section 53(c) (relating to limitation) is amended by adding at the end the following new paragraph: ``(2) Special rule for certain taxpayers with pre-1993 unused minimum tax credits.-- ``(A) In general.--If a taxpayer had an unused minimum tax credit for at least 3 of the taxable years in the testing period, then, subject to the limitation of subparagraph (B), the limitation under paragraph (1) for any taxable year following the testing period shall in no event be less than 50 percent of the excess (if any) of-- ``(I) the tentative minimum tax for such taxable year, over ``(II) the sum of the credits allowable under subparts A, B, D, E, and F of this part. ``(B) Limitation.-- ``(i) In general.--The aggregate increases in the limitation under paragraph (1) by reason of subparagraph (A) shall not exceed the pre- 1993 unused minimum tax credits. ``(ii) Ordering rule.--For purposes of clause (i), any credit under subsection (a) for taxable years following the testing period shall be treated as allocated to pre-1993 unused minimum tax credits until such credits are used up. ``(C) Definitions.--For purposes of this paragraph-- ``(i) Testing period.--The term `testing period' means the 5-taxable year period ending with the taxpayer's last taxable year beginning in 1992. ``(ii) Pre-1993 unused minimum tax credits.--The term `pre-1993 unused minimum tax credits' means the credits allowable under subsection (a) remaining unused as of the close of the testing period.''. (b) Conforming Amendments.--Section 53(c) (as in effect before the amendment made by subsection (a)) is amended-- (1) by striking ``The'' and inserting: ``(1) In general.--Except as provided in paragraph (2), the'', and (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992. SEC. 4. ALLOWANCE OF GENERAL BUSINESS CREDIT AGAINST PORTION OF MINIMUM TAX. (a) In General.--Subparagraph (A) of section 38(c)(1) (relating to limitation based on amount of tax) is amended by inserting ``75 percent of'' before ``the tentative minimum tax''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1992.

Minimum Tax Reform Act of 1993 - Amends the Internal Revenue Code to revise adjustments in computing alternative minimum taxable income and allow companies to use the 150-percent declining balance method to compute depreciation, except for environmental assets. Allow s a 200 percent declining balance method in the case of computer or peripheral equipment. Allows companies to use pre-1993 minimum tax credits against alternative tax liability for up to 50 percent of that liability, with limitations. Allows businesses to reduce up to 25 percent of their minimum tax liabilty with general business credits.

Minimum Tax Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Country-of-Origin Labeling for Fuels Act''. SEC. 2. DEFINITIONS. In this Act: (1) Country-of-origin information.--The term ``country-of- origin information'' means information regarding each country in which motor vehicle fuel or the components of such fuel were extracted, refined, or otherwise processed. (2) Motor vehicle fuel.--The term ``motor vehicle fuel''-- (A) means any fuel used to power an automobile, as defined in section 32901(3) of title 49, United States Code; and (B) includes alternative fuels, as defined in section 32901(1) of such title, other than electricity (including electricity from solar energy). (3) Motor vehicle fuel retailer.--The term ``motor vehicle fuel retailer'' means a person in the motor vehicle fuel supply chain who sells motor vehicle fuel to the general public for ultimate consumption. (4) Motor vehicle fuel supplier.--The term ``motor vehicle fuel supplier'' means a person in the motor vehicle fuel supply chain other than a motor vehicle fuel retailer. SEC. 3. STUDY ON IMPLEMENTING COUNTRY-OF-ORIGIN LABELING FOR MOTOR VEHICLE FUEL. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall-- (1) conduct a study to determine appropriate methods and standards for requiring that-- (A) motor vehicle fuel suppliers disclose country- of-origin information with respect to motor vehicle fuel to the next person in the motor vehicle fuel supply chain; and (B) motor vehicle retailers disclose such information to consumers; and (2) make recommendations with respect to the most feasible and cost-effective country-of-origin information disclosure requirements that can be imposed on motor vehicle fuel suppliers and motor vehicle fuel retailers. (b) Elements of Study.--The study required by subsection (a) shall address the following: (1) The extent to which persons at each step in the motor vehicle fuel supply chain have access to country-of-origin information regarding the fuel they sell, and the nature of any such information. (2) An assessment of whether such information is adequate-- (A) to enable a motor vehicle fuel supplier to provide country-of-origin information to the next person in the supply chain; and (B) to enable a motor vehicle fuel retailer to provide country-of-origin information to consumers, by displaying that information at fuel pumps or on a website. (3) If the Secretary determines under paragraph (2) that such information is inadequate to enable motor vehicle fuel suppliers or motor vehicle fuel retailers to provide country- of-origin information, measures that can be taken to collect adequate information-- (A) by the Secretary; and (B) by motor vehicle fuel suppliers and motor vehicle fuel retailers. (4) The feasibility of various country-of-origin information disclosure requirements, including-- (A) displaying at each fuel pump the precise country or countries in which the fuel being dispensed to each consumer originated; and (B) displaying at each motor vehicle fuel retailer or on the website of each motor vehicle fuel supplier or motor vehicle fuel retailer the country or countries from which the fuel the supplier or retailer (as the case may be) sells generally originates. (5) Such other issues relating to motor vehicle fuel country-of-origin information disclosure requirements as the Secretary considers appropriate. (c) Report to Congress.--Not later than 90 days after completing the study required by subsection (a), the Secretary shall submit to Congress a report that-- (1) summarizes the results of the study; and (2) contains the recommendations required by subsection (a)(2). SEC. 4. REGULATIONS REQUIRING COUNTRY-OF-ORIGIN INFORMATION DISCLOSURE. (a) In General.--Not later than 180 days after submitting the report required by section 3(c), the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall prescribe regulations requiring disclosure of country-of- origin information by motor vehicle fuel suppliers and motor vehicle fuel retailers in accordance with the Secretary's recommendations in the report. (b) 70 Percent Threshold.--The regulations required by subsection (a) shall not require the listing of more than one country-of-origin for a fuel blend containing fuel 70 percent or more of which originated in a single country. SEC. 5. ENFORCEMENT. (a) In General.--Subject to subsection (b), the Secretary of Energy may impose a civil penalty of not more than $10,000 on a person that the Secretary determines, in accordance with section 554 of title 5, United States Code, knowingly violates the regulations prescribed under section 4. (b) Requirements With Respect to Imposition of Penalty.-- (1) Notice.--The Secretary of Energy may not impose a penalty upon a person for violating the regulations prescribed under section 4 unless-- (A) the Secretary provides the person with notice of the violation; and (B) the violation continues for more than 30 days after the date on which the person received notice under subparagraph (A). (2) Determination of amount of penalty.--In determining the amount of the penalty to be imposed on a person for violating the regulations prescribed under section 4, the Secretary shall consider the severity of the violation, the size of the person's business, and the effect of the penalty on the person's ability to continue in business.

Country-of-Origin Labeling for Fuels Act - Directs the Secretary of Energy to study and report to Congress with recommendations for appropriate methods and standards for requiring: (1) motor vehicle fuel suppliers to disclose to the next person in the motor vehicle fuel supply chain information regarding each country in which the fuel or any of its components were extracted, refined, or otherwise processed; and (2) motor vehicle retailers to disclose this information to consumers. Requires the Secretary to prescribe regulations requiring disclosure of country-of-origin information by motor vehicle fuel suppliers and retailers in accordance with such recommendations. Prohibits such regulations, however, from requiring the listing of more than one country-of-origin for a fuel blend containing fuel 70% or more of which originated in a single country. Authorizes the Secretary to impose a civil penalty of up to $10,000 on any person that knowingly violates such regulations.

To require the Secretary of Energy to implement country-of-origin disclosure requirements with respect to motor vehicle fuels, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Fairness in the Workplace Act''. SEC. 2. FINDINGS. Congress finds that-- (1) there is an increasing trend toward the use of part- time workers; (2) part-time jobs often have no or limited health or pension benefits and few labor protections; (3) there is a trend toward the creation of more part-time jobs than full-time jobs; (4) questions have been raised regarding the impact of part-time employment on wage levels, benefits, earning potential, and productivity; and (5) a Federal commission should be established to conduct a thorough study of all matters relating to the impact of part- time employment on wage levels, benefits, earning potential, and productivity and to study the practice of providing different wage and benefit levels to part-time and full-time workers. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the National Commission on Fairness in the Workplace (hereafter referred to in this Act as the ``Commission''). (b) Membership.--The Commission shall be composed of 9 members of whom-- (1) 3 shall be appointed by the President; (2) 3 shall be appointed by the President pro tempore of the Senate, upon the recommendation of the Majority and Minority Leaders of the Senate; and (3) 3 shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting as directed by the President. (e) Meetings.--After the initial meeting, the Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among its members. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall conduct a comprehensive study of the impact of part-time employment in the United States. (2) Matters to be studied.--The matters to be studied by the Commission under paragraph (1) shall include-- (A) a review of the trend toward creation of more part-time than full-time jobs; (B) an assessment of the relationship between part- time work and wage levels, benefits, earning potential, and productivity; and (C) a review of the practice of providing different wage and benefit levels to part-time and full-time workers. (b) Report.--No later than 12 months after the Commission holds its first meeting, the Commission shall submit a report on the study to the President and Congress. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairperson of the Committee, the head of such department or agency shall furnish such information to the Commission. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not otherwise an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. Each member of the Commission who is otherwise an officer or employee of the United States shall serve without compensation in addition to that received for services as an officer or employee of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment and termination of an executive director shall be subject to confirmation by a majority of the members of the Commission. (2) Compensation.--The executive director shall be compensated at a rate not to exceed the rate payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. The Chairperson may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for a position at level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees.--Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privilege. (d) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for a position at level V of the Executive Schedule under section 5316 of such title. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as may be necessary to carry out the purposes of this Act. Any sums appropriated shall remain available, without fiscal year limitation, until expended. SEC. 8. TERMINATION. The Commission shall terminate 30 days after submission of its report under section 4(b).

National Commission on Fairness in the Workplace Act - Establishes the National Commission on Fairness in the Workplace, which shall conduct a comprehensive study of the impact of part-time employment in the United States, including: (1) a review of the trend toward creation of more part-time than full-time jobs; (2) an assessment of the relationship between part-time work and wage levels, benefits, earning potential, and productivity; and (3) a review of the practice of providing different wage and benefit levels to part-time and full-time workers. Authorizes appropriations.

National Commission on Fairness in the Workplace Act

SECTION 1. CONTINUATION OF SURVIVOR ANNUITIES FOR REMARRIED SPOUSES OF FEDERAL PUBLIC SAFETY OFFICERS KILLED IN THE LINE OF DUTY. (a) Short Title.--This Act may be cited as the ``Federal Public Safety Officer Surviving Spouse Protection Act of 2005''. (b) Civil Service Retirement System.--Section 8341 of title 5, United States Code, is amended-- (1) in subsection (b)(3)(B) by striking ``subsection (k)'' and inserting ``subsection (j)''; (2) in subsection (d) in clause (ii) of the last undesignated sentence by striking ``subsection (k)'' and inserting ``subsection (j)''; (3) in subsection (h)(3)(B)(i) by striking ``subsection (k)'' and inserting ``subsection (j)''; and (4) by striking subsection (k) and inserting the following: ``(j)(1) In this subsection, the term `Federal public safety officer' means-- ``(A) a law enforcement officer; or ``(B) an employee participating under this chapter who is-- ``(i) a public safety officer as defined under section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); or ``(ii) an employee of the Department of the Treasury who is performing official duties of the Department in an area, if those official duties-- ``(I) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and ``(II) are determined by the Secretary of the Treasury to be hazardous duties. ``(2) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the extent that they provide for termination of a survivor annuity because of a remarriage before the age of 55 years) shall not apply if-- ``(A) the widow, widower, or former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based; or ``(B) in the case of a widow or widower the individual on whose service the survivor annuity is based was a Federal public safety officer who was killed in the line of duty. ``(3) A remarriage described under paragraph (2) shall not be taken into account for purposes of section 8339(j)(5) (B) or (C) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.''. (c) Federal Employees Retirement System.--Section 8442(d) of title 5, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3)(A) In this paragraph, the term `Federal public safety officer' means-- ``(i) a law enforcement officer; or ``(ii) an employee participating under this chapter who is-- ``(I) a public safety officer as defined under section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); or ``(II) an employee of the Department of the Treasury who is performing official duties of the Department in an area, if those official duties-- ``(aa) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and ``(bb) are determined by the Secretary of the Treasury to be hazardous duties. ``(B) Paragraph (1)(B) (relating to termination of a survivor annuity because of a remarriage before the age of 55 years) shall not apply if-- ``(i) the widow or widower was married for at least 30 years to the individual on whose service the survivor annuity is based; or ``(ii) the individual on whose service the survivor annuity is based was a Federal public safety officer who was killed in the line of duty.''. (d) Effective Date.--The amendments made by this Act shall take effect on January 1, 1988, and apply only to remarriages which occur on or after that date.

Federal Public Safety Officer Surviving Spouse Protection Act of 2005 - Revises the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to permit, effective as of January 1, 1988, and only for remarriages occurring on or after that date, remarried widows and widowers of Federal public safety officers who are killed in the line of duty to continue to receive a survivor annuity.

A bill to amend chapters 83 and 84 of title 5, United States Code, to provide that spouses of Federal public safety officers who are killed in the line of duty, may remarry and continue to receive a survivor annuity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Minimum Tax Repeal Act of 2001''. SEC. 2. PHASEOUT OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS. (a) Repeal in 2011.--Subsection (a) of section 55 of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: ``For purposes of this title, the tentative minimum tax on any taxpayer other than a corporation for any taxable year beginning after December 31, 2010, shall be zero.''. (b) Reduction of Tax on Individuals Prior to Repeal.-- (1) Immediate increase in exemption amounts.--Paragraph (1) of section 55(d) of such Code is amended-- (A) by striking ``$45,000'' and inserting ``$52,000'', (B) by striking ``$33,750'' and inserting ``$38,000'', and (C) by striking ``$22,500'' and inserting ``\1/2\ the amount applicable under subparagraph (A)''. (2) Additional increases in exemption amounts; repeal of phase-out of exemption amounts.--Paragraph (3) of section 55(d) of such Code is amended to read as follows: ``(3) Increases in exemption amounts for taxpayers other than corporations.-- ``(A) In general.--The exemption amounts under paragraph (1) for taxable years beginning in any calendar year after 2001 shall be determined by increasing the dollar amounts contained in subparagraphs (A) and (B) of paragraph (1) by the applicable percentage for such calendar year of such dollar amounts. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For calendar year-- The applicable percentage is-- 2002................................... 10 2003................................... 20 2004................................... 30 2005................................... 40 2006................................... 50 2007................................... 60 2008................................... 70 2009................................... 80 2010................................... 90. ``(C) Rounding.--If any amount, as increased under subparagraph (A) is not a multiple of $5, such amount shall be increased to the nearest multiple of $5.'' (c) Nonrefundable Personal Credits Fully Allowed Against Regular Tax Liability.-- (1) In general.--Subsection (a) of section 26 of such Code (relating to limitation based on amount of tax) is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit allowable under section 27(a), and ``(2) the tax imposed by section 55(a) for the taxable year.'' (2) Repeal of reduction of refundable tax credits.-- (A) Subsection (d) of section 24 of such Code is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (B) Section 32 of such Code is amended by striking subsection (h). (3) Conforming amendment.--Section 904 of such Code is amended by striking subsection (h). (d) Limitation on Use of Credit for Prior Year Minimum Tax Liability.--Subsection (c) of section 53 of such Code is amended to read as follows: ``(c) Limitation.-- ``(1) In general.--Except as otherwise provided in this subsection, the credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax liability of the taxpayer for such taxable year reduced by the sum of the credits allowable under subparts A, B, D, E, and F of this part, over ``(B) the tentative minimum tax for the taxable year. ``(2) Taxable years beginning after 2010.--In the case of any taxable year beginning after 2010, the credit allowable under subsection (a) to a taxpayer other than a corporation for any taxable year shall not exceed 90 percent of the excess (if any) of-- ``(A) regular tax liability of the taxpayer for such taxable year, over ``(B) the sum of the credits allowable under subparts A, B, D, E, and F of this part.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Alternative Minimum Tax Repeal Act of 2001 - Amends the alternative minimum tax provisions of the Internal Revenue Code to: (1) state that the tentative minimum tax on any taxpayer other than a corporation for any taxable year beginning after December 31, 2010, shall be zero; and (2) provide for reductions in such tax until such time.

To amend the Internal Revenue Code of 1986 to phaseout the alternative minimum tax on individuals.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Eliminating Improper and Abusive IRS Audits Act of 2014''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Civil damages allowed for reckless or intentional disregard of internal revenue laws. Sec. 3. Modifications relating to certain offenses by officers and employees in connection with revenue laws. Sec. 4. Modifications relating to civil damages for unauthorized inspection or disclosure of returns and return information. Sec. 5. Extension of time for contesting IRS levy. Sec. 6. Increase in monetary penalties for certain unauthorized disclosures of information. Sec. 7. Ban on raising new issues on appeal. Sec. 8. Limitation on enforcement of liens against principal residences. Sec. 9. Additional provisions relating to mandatory termination for misconduct. Sec. 10. Extension of declaratory judgment procedures to social welfare organizations. Sec. 11. Review by the Treasury Inspector General for Tax Administration. SEC. 2. CIVIL DAMAGES ALLOWED FOR RECKLESS OR INTENTIONAL DISREGARD OF INTERNAL REVENUE LAWS. (a) Increase in Amount of Damages.--Section 7433(b) of the Internal Revenue Code of 1986 is amended by striking ``$1,000,000 ($100,000, in the case of negligence)'' and inserting ``$3,000,000 ($300,000, in the case of negligence)''. (b) Extension of Time To Bring Action.--Section 7433(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``2 years'' and inserting ``5 years''. (c) Effective Date.--The amendments made by this section shall apply to actions of employees of the Internal Revenue Service after the date of the enactment of this Act. SEC. 3. MODIFICATIONS RELATING TO CERTAIN OFFENSES BY OFFICERS AND EMPLOYEES IN CONNECTION WITH REVENUE LAWS. (a) Increase in Penalty.--Section 7214 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$10,000'' in subsection (a) and inserting ``$25,000'', and (2) by striking ``$5,000'' in subsection (b) and inserting ``$10,000''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 4. MODIFICATIONS RELATING TO CIVIL DAMAGES FOR UNAUTHORIZED INSPECTION OR DISCLOSURE OF RETURNS AND RETURN INFORMATION. (a) Increase in Amount of Damages.--Subparagraph (A) of section 7431(c)(1) of the Internal Revenue Code of 1986 is amended by striking ``$1,000'' and inserting ``$10,000''. (b) Effective Date.--The amendment made by this section shall apply to inspections and disclosure occurring on and after the date of the enactment of this Act. SEC. 5. EXTENSION OF TIME FOR CONTESTING IRS LEVY. (a) Extension of Time for Return of Property Subject to Levy.-- Subsection (b) of section 6343 of the Internal Revenue Code of 1986 is amended by striking ``9 months'' and inserting ``3 years''. (b) Period of Limitation on Suits.--Subsection (c) of section 6532 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1) by striking ``9 months'' and inserting ``3 years'', and (2) in paragraph (2) by striking ``9-month'' and inserting ``3-year''. (c) Effective Date.--The amendments made by this section shall apply to-- (1) levies made after the date of the enactment of this Act, and (2) levies made on or before such date if the 9-month period has not expired under section 6343(b) of the Internal Revenue Code of 1986 (without regard to this section) as of such date. SEC. 6. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED DISCLOSURES OF INFORMATION. (a) In General.--Paragraphs (1), (2), (3), and (4) of section 7213(a) of the Internal Revenue Code of 1986 are each amended by striking ``$5,000'' and inserting ``$10,000''. (b) Effective Date.--The amendments made by this section shall apply to disclosures made after the date of the enactment of this Act. SEC. 7. BAN ON RAISING NEW ISSUES ON APPEAL. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7529. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES IN AN INTERNAL APPEAL. ``(a) In General.--In reviewing an appeal of any determination initially made by the Internal Revenue Service, the Internal Revenue Service Office of Appeals may not consider or decide any issue that is not within the scope of the initial determination. ``(b) Certain Issues Deemed Outside of Scope of Determination.--For purposes of subsection (a), the following matters shall be considered to be not within the scope of a determination: ``(1) Any issue that was not raised in a notice of deficiency or an examiner's report which is the subject of the appeal. ``(2) Any deficiency in tax which was not included in the initial determination. ``(3) Any theory or justification for a tax deficiency which was not considered in the initial determination. ``(c) No Inference With Respect to Issues Raised by Taxpayers.-- Nothing in this section shall be construed to provide any limitation in addition to any limitations in effect on the date of the enactment of this section on the right of a taxpayer to raise an issue, theory, or justification on an appeal from a determination initially made by the Internal Revenue Service that was not within the scope of the initial determination.''. (b) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Prohibition on Internal Revenue Service raising new issues in an internal appeal.''. (c) Effective Date.--The amendments made by this section shall apply to matters filed or pending with the Internal Revenue Service Office of Appeals on or after the date of the enactment of this Act. SEC. 8. LIMITATION ON ENFORCEMENT OF LIENS AGAINST PRINCIPAL RESIDENCES. (a) In General.--Section 7403(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``In any case'' and inserting the following: ``(1) In general.--In any case'', and (2) by adding at the end the following new paragraph: ``(2) Limitation with respect to principal residence.-- ``(A) In general.--Paragraph (1) shall not apply to any property used as the principal residence of the taxpayer (within the meaning of section 121) unless the Secretary of the Treasury makes a written determination that-- ``(i) all other property of the taxpayer, if sold, is insufficient to pay the tax or discharge the liability, and ``(ii) such action will not create an economic hardship for the taxpayer. ``(B) Delegation.--For purposes of this paragraph, the Secretary of the Treasury may not delegate any responsibilities under subparagraph (A) to any person other than-- ``(i) the Commissioner of Internal Revenue, or ``(ii) a district director or assistant district director of the Internal Revenue Service.''. (b) Effective Date.--The amendments made by this section shall apply to actions filed after the date of the enactment of this Act. SEC. 9. ADDITIONAL PROVISIONS RELATING TO MANDATORY TERMINATION FOR MISCONDUCT. (a) Termination of Unemployment for Inappropriate Review of Tax- Exempt Status.--Section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ``; and'', and by adding at the end the following new paragraph: ``(11) in the case of any review of an application for tax- exempt status by an organization described in section 501(c) of the Internal Revenue Code of 1986, developing or using any methodology that applies disproportionate scrutiny to any applicant based on the ideology expressed in the name or purpose of the organization.''. (b) Mandatory Unpaid Administrative Leave for Misconduct.-- Paragraph (1) of Section 1203(c) of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended by adding at the end the following new sentence: ``Notwithstanding the preceding sentence, if the Commissioner of Internal Revenue takes a personnel action other than termination for an act or omission described in subsection (b), the Commissioner shall place the employee on unpaid administrative leave for a period of not less than 30 days.''. (c) Limitation on Alternative Punishment.--Paragraph (1) of section 1203(c) of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended by striking ``The Commissioner'' and inserting ``Except in the case of an act or omission described in subsection (b)(3)(A), the Commissioner''. SEC. 10. EXTENSION OF DECLARATORY JUDGMENT PROCEDURES TO SOCIAL WELFARE ORGANIZATIONS. (a) In General.--Section 7428(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C) and by adding at the end the following new subparagraph: ``(E) with respect to the initial classification or continuing classification of an organization described in section 501(c)(4) which is exempt from tax under section 501(a), or''. (b) Effective Date.--The amendments made by this section shall apply with respect to pleading filed after the date of the enactment of this Act. SEC. 11. REVIEW BY THE TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (a) Review.--Subsection (k)(1) of section 8D of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); (3) by inserting after subparagraph (C) the following new subparagraph: ``(D) shall-- ``(i) review any criteria employed by the Internal Revenue Service to select tax returns (including applications for recognition of tax- exempt status) for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review in order to determine whether the criteria discriminates against taxpayers on the basis of race, religion, or political ideology; and ``(ii) consult with the Internal Revenue Service on recommended amendments to such criteria in order to eliminate any discrimination identified pursuant to the review described in clause (i); and''; and (4) in subparagraph (E), as so redesignated, by striking ``and (C)'' and inserting ``(C), and (D)''. (b) Semiannual Report.--Subsection (g) of such section is amended by adding at the end the following new paragraph: ``(3) Any semiannual report made by the Treasury Inspector General for Tax Administration that is required pursuant to section 5(a) shall include-- ``(A) a statement affirming that the Treasury Inspector General for Tax Administration has reviewed the criteria described in subsection (k)(1)(D) and consulted with the Internal Revenue Service regarding such criteria; and ``(B) a description and explanation of any such criteria that was identified as discriminatory by the Treasury Inspector General for Tax Administration.''.

Eliminating Improper and Abusive IRS Audits Act of 2014 - Amends the Internal Revenue Code to: (1) increase the maximum amount of civil damages for which Internal Revenue Service (IRS) officers or employees shall be liable for reckless, intentional, or negligent disregard of internal revenue laws and extend the period for bringing a claim for such damages; (2) increase the penalties against federal officers and employees for violations of internal revenue laws and for unauthorized inspection or disclosure of tax returns and return information; (3) extend the period in which taxpayer property that has been wrongfully levied upon may be returned and the period for bringing suit for a wrongful tax levy; (4) increase civil fines for unauthorized disclosures of tax return information; (5) prohibit the consideration by the IRS Office of Appeal on appeal of any issue that was not within the scope of the initial determination; (6) prohibit a tax lien against a taxpayer's principal residence unless a written determination is made that all other property of the taxpayer, if sold, is insufficient to pay the tax liability and the lien will not create an economic hardship for the taxpayer; (7) require the termination of an IRS employee for disproportionate scrutiny of an organization applying for tax-exempt status based on the ideology expressed in the name or purpose of the organization; (8) allow a declaratory judgment with respect to the initial or continuing classification of a tax-exempt social welfare organization; and (9) require the Inspector General for Tax Administration of the Department of the Treasury to review any IRS criteria for selection of tax returns for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review to determine whether such criteria discriminates against taxpayers on the basis of race, religion, or political ideology and to consult with the IRS on recommended amendments to such criteria.

Eliminating Improper and Abusive IRS Audits Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizenship Promotion Act of 1996''. SEC. 2. FINDINGS. Congress makes the following findings: (1) American democracy performs best when the maximum number of people subject to its laws participate in the political process, at all levels of government. (2) Citizenship actively exercised will better assure that individuals both assert their rights and fulfill their responsibilities of membership within our political community, thereby benefiting all citizens and residents of the United States. SEC. 3. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT. Title III of the Immigration and Nationality Act is amended by adding at the end the following new chapter: ``CHAPTER 5--CITIZENSHIP PROMOTION ``SEC. 371. DEFINITIONS. ``As used in this chapter-- ``(1) the term `Agency' means the United States Citizenship Promotion Agency; and ``(2) the term `Board' means the National Advisory Board on Citizenship established by section 373. ``SEC. 372. THE UNITED STATES CITIZENSHIP PROMOTION AGENCY. ``(a) Establishment.--There is established within the Immigration and Naturalization Service an agency to be known as the United States Citizenship Promotion Agency. ``(b) Mission.--The Agency shall have as its mission the following: ``(1) To carry out the functions relating to naturalization arising under chapter 2 of this title. ``(2) To assist in the implementation of a comprehensive program of encouraging and assisting eligible immigrants to become naturalized citizens as soon thereafter as they become eligible to do so. ``(c) Headed by Associate Commissioner.-- ``(1) Appointment.--The Agency shall be headed by an Associate Commissioner for Citizenship. Reasonable efforts shall be made to fill the position with a naturalized citizen of the United States. ``(2) Compensation.--The position of Associate Commissioner for Citizenship shall be a position in the Senior Executive Service. ``(d) Powers.--The Agency is authorized to exercise all necessary and appropriate powers and duties to carry out its mission, including the authority-- ``(1) to enter into cooperative agreements with Federal, State, and local governmental entities; ``(2) to enter into contracts, subject to the availability of appropriations; and ``(3) to make grants to private and nonprofit entities. ``(e) Role of Advisory Board.--The Commissioner and the Associate Commissioner for Citizenship shall seek the consultation and advice of the Board regarding the policies, practices, and procedures used by the Agency in fulfillment of its duties. ``(f) Termination of Existing Offices and Positions.--(1) There are transferred to the Agency all functions being exercised before the date of enactment of the Citizenship Promotion Act of 1996 by the Attorney General, the Commissioner, or the Service relating to the following: ``(A) The naturalization of persons under chapter 2 of this title. ``(B) The encouragement and assistance of eligible immigrants to become naturalized citizens. ``(2) Upon such date, the Commissioner shall abolish or consolidate, as the case may be, any office or position existing before such date within the Service that performed functions transferred under paragraph (1), if such office or position is not otherwise created by statute. ``(3) The personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred under this paragraph (1), subject to section 1531 of title 31, United States Code, shall be transferred to the Agency. ``SEC. 373. NATIONAL ADVISORY BOARD ON CITIZENSHIP. ``(a) Establishment.--There is established the National Advisory Board on Citizenship to advise the Associate Commissioner for Citizenship, the Attorney General, the President, and Congress regarding the carrying out of the Agency's objectives. ``(b) Composition.--(1) The Board shall be composed of 9 voting members, who shall be appointed by the Attorney General, except as otherwise provided, as follows: ``(A) One member drawn from among individuals having extensive academic experience in the study of immigration. ``(B) Two members drawn from among individuals having been recently naturalized, including at least one who is engaged in nonprofessional employment. ``(C) Two members drawn from among individuals having extensive recent experience in counseling and advising resident aliens to become naturalized citizens. ``(D) Two members drawn from among individuals who have extensive experience working with the immigrant community. ``(E) One member to be appointed by the Committee on the Judiciary of the Senate. ``(F) One member to be appointed by the Committee on the Judiciary of the House of Representatives. ``(2) The Assistant Secretary of Education for Vocational and Adult Education, or his or her designee, shall serve on the Board in a nonvoting capacity. ``(3) The voting members shall serve staggered terms in a manner to be prescribed by the Attorney General. ``(4) At the first meeting of the Board each year, the members of the Board shall elect a chair and vice chair, who shall serve for a term of one year. ``(5) The Board shall meet no more frequently than quarterly each year to carry out its responsibilities under subsection (c). ``(c) Responsibilities.--(1) The Board shall have the general responsibility to prepare independent biannual reports relating to the administration of policies of the Agency. Such reports may include minority reports, if timely submitted. ``(2) In the course of carrying out its responsibilities, the Board may do the following: ``(A) Review the policies, plans, and objectives of the Agency, including the effectiveness thereof, both short- and long-term. ``(B) Review programs and policies of other Federal and State agencies under the area of oversight of the Agency, as is necessary, including the effectiveness thereof, both short- and long-term. ``(C) Assess the resources and funds for the Agency, and make reports and recommendations to the Commissioner and Congress. ``(3) The Board shall give an annual oral report to the Attorney General, the Commissioner, and the Associate Commissioner for Citizenship. ``(d) Administrative Matters.--The Attorney General shall approve the budget of the Board. The Attorney General and the Commissioner shall provide administrative support, including staffing, to enable the Board to fulfill its functions. ``(e) Compensation.--While away from their homes or regular places of business in the performance of duties for the Board, Board members shall be compensated at a rate not to exceed $100 per day and shall be allowed reasonable travel expenses. ``(f) Applicability of Federal Advisory Committee Act.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board, except to the extent that this section establishes contrary policies or procedures. ``SEC. 374. NATURALIZATION OUTREACH. ``In order to enable the Agency to fulfill its naturalization outreach duties, the Agency-- ``(1) shall seek the assistance of appropriate community groups, private voluntary agencies, and other appropriate organizations; and ``(2) may enter into cooperative agreements with, or make grants to, such other governmental, private, and nonprofit entities (including entities that encourage or facilitate community service or are engaged in such service) that it considers useful in carrying out such duties. ``SEC. 375. FEES. ``(a) Naturalization Examinations Fee Account.--There is established in the general fund of the Treasury of the United States a separate account which shall be known as the `Naturalization Examinations Fee Account' (hereafter in this section referred to as the `Account'). ``(b) Deposits.--(1) There shall be deposited into the Account the following: ``(A) All funds in the Immigration Examinations Fee Account that were collected pursuant to section 344(a) before the date of the enactment of the Citizenship Promotion Act of 1996 and that remain available for obligation on such date. ``(B) Except as provided in paragraph (2), all fees paid to the Attorney General pursuant to section 344(a) after such date. ``(2) Fees paid after such date pursuant to section 344(a) by applicants residing in the United States Virgin Islands, and in Guam, shall be paid over to the treasury of the Virgin Islands and the treasury of Guam, respectively. ``(c) Amount of Fees.--The Attorney General shall establish, and may revise from time to time, the amount of the fees to be collected pursuant to section 344(a) for deposit into the Account. The amount of such fees may be set at a level that will ensure the full recovery of the costs referred to in subsection (d)(1) and the costs of the administration of such fees. ``(d) Use of Funds.--(1) The Attorney General may use funds in the Account to cover the following: ``(A) The costs of the Agency in carrying out naturalization functions under chapter 2 of this title. ``(B) The costs of the Agency in encouraging and assisting eligible immigrants in becoming naturalized citizens under this chapter, including the facilitation of instruction of immigrants in the English language. ``(C) The costs of the Agency in collecting fees for deposit into the Account and in administering the Account. ``(2) Amounts in the Account shall remain available until expended. ``(e) Annual Financial Statements.--The Attorney General shall prepare and submit annually to Congress statements of financial condition of the Account, including beginning account balance revenues, withdrawals, and ending account balance and projections for the ensuing fiscal year.''. SEC. 4. CONFORMING AMENDMENTS. The Immigration and Nationality Act is amended-- (1) in section 286 (8 U.S.C. 1356)-- (A) in the second proviso of subsection (m), by striking ``and naturalization''; and (B) in subsection (n), by striking ``and naturalization''; and (2) in section 332 (8 U.S.C. 1443)-- (A) in subsection (a), by inserting after the first sentence the following new sentence: ``The Attorney General shall discharge such provisions through the United States Citizenship Promotion Agency established under chapter 5 of this title.''; and (B) by striking subsection (h).

Citizenship Promotion Act of 1996 - Amends the Immigration and Nationality Act to establish within the Immigration and Naturalization Service the United States Citizenship Promotion Agency. Transfers to the Agency naturalization and related functions currently carried out by the Attorney General and the Service. Establishes the National Advisory Board on Citizenship. Directs the Agency to carry out naturalization outreach activities. Establishes in the Treasury the Naturalization Examinations Fee Account.

Citizenship Promotion Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deafy Glade Land Exchange Act''. SEC. 2. LAND EXCHANGE, MENDOCINO NATIONAL FOREST, CALIFORNIA. (a) Land Exchange Required.--If Solano County, California (in this section referred to as the ``County'') conveys to the Secretary of Agriculture all right, title, and interest of the County in and to four parcels of land consisting of a total of approximately 160 acres identified on the map entitled ``Fouts Springs-Deafy Glade Federal and Non-Federal Lands'' and dated July 17, 2008, the Secretary shall convey to the County, in exchange, all right, title, and interest of the United States in and to the parcel of land in the Mendocino National Forest in the State of California (including any improvements on the land) comprising approximately 82 acres and known as the Fouts Springs Ranch, as also depicted on the map. (b) Availability of Map.--The map referred to in subsection (a) shall be on file and available for public inspection in the Office of the Chief of the Forest Service. With the agreement of the County, the Secretary may make technical corrections to the map and the legal descriptions of the land to be exchanged under this section. (c) Land Exchange Process.--Section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) shall apply to the land exchange under this section. (d) Survey and Administrative Costs.--The exact acreage and legal description of the land to be exchanged under subsection (a) shall be determined by a survey satisfactory to the Secretary. The costs of the survey and any administrative costs related to the land exchange shall be borne by the County. (e) Condition on Use of Conveyed Land.--As a condition of the conveyance to the County under subsection (a), the County shall agree to continue to use the land acquired by the County under such subsection for purposes consistent with the purposes listed in the special use authorization for the Fouts Springs Ranch in effect as of the date of the enactment of this Act. (f) Easement Authority.--The Secretary may grant an easement to provide continued access to, and maintenance and use of, the facilities covered by the special use authorization referred to in subsection (e) as necessary for the continued operation of the Fouts Springs Ranch conveyed under subsection (a). (g) Management of Acquired Land.--The lands acquired by the Secretary under subsection (a) shall be added to and administered as part of the Mendocino National Forest and managed in accordance with the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.) and the laws and regulations applicable to the National Forest System. (h) Additional Terms and Conditions.--The land exchange under subsection (a) shall be subject to such additional terms and conditions as the Secretary and the County may agree upon. SEC. 3. SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, VIRGINIA. (a) In General.--The Secretary of Commerce may sell or exchange to the City of Norfolk, Virginia, in accordance with chapter 13 of title 40, United States Code, real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (in this section referred to as ``NOAA''), including land and improvements thereon, located at 538 Front Street, Norfolk, Virginia, consisting of approximately 3.78 acres, if the Secretary-- (1) determines that the conveyance is in the best interests of NOAA and the Federal Government; and (2) has provided prior notification to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate. (b) Consideration.-- (1) In general.--For any conveyance under this section the Secretary shall require the City of Norfolk to provide consideration to the United States that is not less than the fair market value of the property conveyed by the United States. (2) Form.--Consideration under this subsection may include any combination of-- (A) cash or cash equivalents; (B) other property (either real or personal); and (C) consideration in-kind, including-- (i) provision of space, goods, or services of benefit to NOAA including construction, repair, remodeling, or other physical improvements of NOAA property; (ii) maintenance of NOAA property; (iii) provision of office, storage, or other useable space; or (iv) relocation services associated with conveyance of property under this section. (3) Determination of fair market value.--The Secretary shall determine fair market value for purposes of paragraph (1) based upon a highest- and best-use appraisal of the property conveyed under subsection (a) conducted in conformance with the Uniform Appraisal Standards for Professional Appraisal Practice. (c) Use of Proceeds.--Amounts received under subsection (b)(2)(A) by the United States as proceeds of any conveyance under this section shall be available to the Secretary, subject to appropriation, for-- (1) activities related to the operations of, or capital improvements, to NOAA property; or (2) relocation and other costs associated with the sale or exchange. (d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance of property by the United States under subsection (a) as the Secretary considers appropriate to protect the interest of the United States, including the recoupment of any profit the City of Norfolk may realize within three years after the date of conveyance to the City due to resale of the property (e) Termination.--The authority granted to the Secretary under subsections (a) and (b) shall terminate at the end of the 24-month period beginning on the date of enactment of this Act if no contract for sale or exchange under subsection (a) has been entered into by the City of Norfolk and the United States. Passed the House of Representatives September 22, 2008. Attest: LORRAINE C. MILLER, Clerk.

Deafy Glade Land Exchange Act - Directs the Secretary of Agriculture to convey to Solano County, California, all right, title, and interest of the United States in and to the parcel of land in the Mendocino National Forest comprising approximately 82 acres and known as the Fouts Springs Ranch, as depicted on the map entitled "Fouts Springs-Deafy Glade Federal and Non-Federal Lands" and dated July 17, 2008, if the county conveys to the Secretary all right, title, and interest of the county in and to four parcels of land consisting of approximately 160 acres identified on such map. Authorizes the Secretary of Commerce to sell or exchange to the city of Norfolk, Virginia, certain real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA), including land and improvements, located in Norfolk if the Secretary: (1) determines that such conveyance is in the best interests of NOAA and the federal government; and (2) has provided prior notification to the appropriate congressional committees. Requires the proceeds of any conveyance under this Act to be made available for: (1) activities related to the operations of, or capital improvements to, NOAA property; or (2) relocation and other costs associated with the sale or exchange.

To provide for a land exchange involving certain National Forest System lands in the Mendocino National Forest in the State of California, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Federal Pell Grant Plus Act''. SEC. 2. RECIPIENTS OF FEDERAL PELL GRANTS WHO ARE PURSUING PROGRAMS OF STUDY IN ENGINEERING, MATHEMATICS, SCIENCE, OR FOREIGN LANGUAGES. Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)) is amended by adding at the end the following: ``(C)(i) Notwithstanding subparagraph (A) and subject to clause (iii), in the case of a student who is eligible under this part and who is pursuing a degree with a major in, or a certificate or program of study relating to, engineering, mathematics, science (such as physics, chemistry, or computer science), or a foreign language, described in a list developed or updated under clause (ii), the amount of the Federal Pell Grant shall be the amount calculated for the student under subparagraph (A) for the academic year involved, multiplied by 2. ``(ii)(I) The Secretary, in consultation with the Secretary of Defense, the Secretary of the Department of Homeland Security, and the Director of the National Science Foundation, shall develop, update not less than once every 2 years, and publish in the Federal Register, a list of engineering, mathematics, and science degrees, majors, certificates, or programs that if pursued by a student, may enable the student to receive the increased Federal Pell Grant amount under clause (i). In developing and updating the list the Secretaries and Director shall consider the following: ``(aa) The current engineering, mathematics, and science needs of the United States with respect to national security, homeland security, and economic security. ``(bb) Whether institutions of higher education in the United States are currently producing enough graduates with degrees to meet the national security, homeland security, and economic security needs of the United States. ``(cc) The future expected workforce needs of the United States required to help ensure the Nation's national security, homeland security, and economic security. ``(dd) Whether institutions of higher education in the United States are expected to produce enough graduates with degrees to meet the future national security, homeland security, and economic security needs of the United States. ``(II) The Secretary, in consultation with the Secretary of Defense, the Secretary of the Department of Homeland Security, and the Secretary of State, shall develop, update not less than once every 2 years, and publish in the Federal Register, a list of foreign language degrees, majors, certificates, or programs that if pursued by a student, may enable the student to receive the increased Federal Pell Grant amount under clause (i). In developing and updating the list the Secretaries shall consider the following: ``(aa) The foreign language needs of the United States with respect to national security, homeland security, and economic security. ``(bb) Whether institutions of higher education in the United States are currently producing enough graduates with degrees to meet the national security, homeland security, and economic security needs of the United States. ``(cc) The future expected workforce needs of the United States required to help ensure the Nation's national security, homeland security, and economic security. ``(dd) Whether institutions of higher education in the United States are expected to produce enough graduates with degrees to meet the future national security, homeland security, and economic security needs of the United States. ``(iii) Each student who received an increased Federal Pell Grant amount under clause (i) to pursue a degree, major, certificate, or program described in a list published under subclause (I) or (II) of clause (ii) shall continue to be eligible for the increased Federal Pell Grant amount in subsequent academic years if the degree, major, certificate, or program, respectively, is subsequently removed from the list. ``(iv)(I) If a student who received an increased Federal Pell Grant amount under clause (i) changes the student's course of study to a degree, major, certificate, or program that is not included in a list described in clause (ii), then the Secretary shall reduce the amount of Federal Pell Grant assistance the student is eligible to receive under this section for subsequent academic years by an amount equal to the difference between the total amount the student received under this subparagraph and the total amount the student would have received under this section if this subparagraph had not been applied. ``(II) The Secretary shall reduce the amount of Federal Pell Grant assistance the student is eligible to receive in subsequent academic years by dividing the total amount to be reduced under subclause (I) for the student by the number of years the student received an increased Federal Pell Grant amount under clause (i), and deducting the result from the amount of Federal Pell Grant assistance the student is eligible to receive under this section for a number of subsequent academic years equal to the number of academic years the student received an increased Federal Pell Grant amount under clause (i).''.

21st Century Federal Pell Grant Plus Act - Amends the Higher Education Act of 1965 to establish a Federal Pell Grant Plus program that increases, to double the amount calculated for the student, the Federal Pell Grant for those students who pursue programs of study in engineering, mathematics, science, or foreign languages.

A bill to provide additional assistance to recipients of Federal Pell Grants who are pursuing programs of study in engineering, mathematics, science, or foreign languages.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Audit Reform Act of 2010''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the Director of the Office of Management and Budget should follow the recommendations of the Government Accountability Office report entitled ``Single Audit: Opportunities Exist to Improve the Single Audit Process and Oversight'' (GAO-09-307R), issued March 13, 2009. SEC. 3. OVERSIGHT OF THE SINGLE AUDIT PROCESS. (a) Amendment to Single Audit Act.-- (1) In general.--Chapter 75 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 7508. Oversight and evaluation ``(a) Oversight and Evaluation.--The Director, or the head of the office or entity designated by the Director under subsection (c), shall monitor the risk, cost-benefit, efficiency, and effectiveness of the implementation by Federal agencies of this chapter by-- ``(1) evaluating such implementation governmentwide; and ``(2) identifying additional guidance and resources necessary to improve such implementation, including revisions to regulations, best practices, and processes. ``(b) Report.--The Director, or the head of the office or entity designated by the Director under subsection (c), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Comptroller General of the United States a report that includes the findings under subsection (a). The report shall be submitted not later than September 30 of each year and shall cover the previous year. ``(c) Designation of Oversight Entity.--The Director of the Office of Management and Budget shall designate an office in the Office of Management and Budget or another Federal entity to act on behalf of the Director under subsection (a) and submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Comptroller General of the United States a report that describes such office or entity and the resources made available to such office or entity to adequately implement the provisions of this section.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 75 of title 31, United States Code, is amended by inserting after the item relating to section 7507 the following new item: ``7508. Oversight and evaluation.''. (b) Simplified Audit Process.-- (1) Evaluation.--The Director, or the head of the office or entity designated by the Director under section 7508(c) of title 31, United States Code, shall evaluate the process for the single audit and the program-specific audit under chapter 75 of title 31, United States Code, to identify simplified alternatives for achieving the purposes of the Single Audit Act of 1984 (Public Law 98-502; 98 Stat. 2327; 31 U.S.C. 7501 note) and the Single Audit Act Amendments of 1996 (Public Law 104- 156; 110 Stat. 1396; 31 U.S.C. 7501 note) for the audits of small recipients that also achieve the proper balance between risk and cost-effective accountability for small and large recipients. (2) Report.--Not later than 6 months after the date of the enactment of this Act, the Director, or the head of the office or entity designated by the Director under section 7508(c) of title 31, United States Code, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Comptroller General of the United States, a report on the results of the evaluation under paragraph (1). (3) Definitions.--In this subsection: (A) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (B) Large recipient.--The term ``large recipient'' means a non-Federal entity that expends a total amount of Federal awards equal to or in excess of $300,000 or such other amount specified by the Director under section 7502(a)(3) of title 31, United States Code, in any fiscal year. (C) Non-federal entity.--The term ``non-Federal entity'' has the meaning given that term under section 7501 of title 31, United States Code. (D) Small recipient.--The term ``small recipient'' means a non-Federal entity that expends a total amount of Federal awards of less than $300,000 or such other amount specified by the Director under section 7502(a)(3) of title 31, United States Code, in any fiscal year. (c) Implementation of Recommendations To Improve Audit Quality.-- (1) Evaluation.--The Director of the Office of Management and Budget shall evaluate the implementation of the recommendations made to the Office of Management and Budget by the President's Council on Integrity and Efficiency in the report entitled ``Report on National Single Audit Sampling Project,'' dated June 2007. (2) Report.--Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Comptroller General of the United States a report on the results of the evaluation under paragraph (1). (d) Deadline for Designation of Oversight Entity.--Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall designate an office in the Office of Management and Budget or another Federal entity under section 7508(c) of title 31, United States Code.

Government Audit Reform Act of 2010 - Expresses the sense of Congress that the Director of the Office of Management and Budget (OMB) should follow the recommendations of the Government Accountability Office (GAO) report entitled "Single Audit: Opportunities Exist to Improve the Single Audit Process and Oversight" (GAO-09-307R), issued March 13, 2009. Amends the Single Audit Act of 1984 to require the OMB Director (or a designee) to monitor and report annually to specified congressional committees and the Comptroller General on the risk, cost-benefit, efficiency, and effectiveness of the implementation of this Act by federal agencies by: (1) evaluating such implementation governmentwide; and (2) identifying additional guidance and resources necessary to improve such implementation, including revisions to regulations, best practices, and processes. Requires the OMB Director to designate an OMB office or another federal entity (oversight entity) to act on OMB's behalf in such monitoring and reporting. Requires the OMB Director (or a designated oversight entity) to evaluate and report to specified congressional committees and the Comptroller General on the process for the single audit and the program-specific audit to identify simplified alternatives for achieving the purposes of the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996 for the audits of small recipients that also achieve the proper balance between risk and cost-effective accountability for small and large recipients. Requires the OMB Director to evaluate and report to specified congressional committees and the Comptroller General on the implementation of the recommendations made to it by the President's Council on Integrity and Efficiency in the report entitled "Report on National Single Audit Sampling Project," dated June 2007. Establishes a deadline for OMB to designate such oversight entity.

To amend title 31, United States Code, to direct the Director of the Office of Management and Budget to improve oversight of the single audit process, and for other purposes.

SECTION 1. NATIONAL GUARD COUNTERDRUG SCHOOLS. (a) Authority To Operate.--Under such regulations as the Secretary of Defense may prescribe, the Chief of the National Guard Bureau may establish and operate not more than five schools (to be known generally as ``National Guard counterdrug schools'') for the provision by the National Guard of training in drug interdiction and counter-drug activities, and drug demand reduction activities, to the personnel of the following: (1) Federal agencies. (2) State and local law enforcement agencies. (3) Community-based organizations engaged in such activities. (4) Other non-Federal governmental and private entities and organizations engaged in such activities. (b) Counterdrug Schools Specified.--The National Guard counterdrug schools operated under the authority in subsection (a) are as follows: (1) The National Interagency Civil-Military Institute (NICI), San Luis Obispo, California. (2) The Multi-Jurisdictional Counterdrug Task Force Training (MCTFT), St. Petersburg, Florida. (3) The Midwest Counterdrug Training Center (MCTC), to be established in Johnston, Iowa. (4) The Regional Counterdrug Training Academy (RCTA), Meridian, Mississippi. (5) The Northeast Regional Counterdrug Training Center (NCTC), Fort Indiantown Gap, Pennsylvania. (c) Use of National Guard Personnel.--(1) To the extent provided for in the State drug interdiction and counter-drug activities plan of a State in which a National Guard counterdrug school is located, personnel of the National Guard of that State who are ordered to perform full-time National Guard duty authorized under section 112(b) of that title 32, United States Code, may provide training referred to in subsection (a) at that school. (2) In this subsection, the term ``State drug interdiction and counter-drug activities plan'', in the case of a State, means the current plan submitted by the Governor of the State to the Secretary of Defense under section 112 of title 32, United States Code. (d) Annual Reports on Activities.--(1) Not later than February 1, 2002, and annually thereafter, the Secretary of Defense shall submit to Congress a report on the activities of the National Guard counterdrug schools. (2) Each report under paragraph (1) shall set forth the following: (A) The amount made available for each National Guard counterdrug school during the fiscal year ending in the year preceding the year in which such report is submitted. (B) A description of the activities of each National Guard counterdrug school during the year preceding the year in which such report is submitted. (3) The report under paragraph (1) in 2002 shall set forth, in addition to the matters described in paragraph (2), a description of the activities relating to the establishment of the Midwest Counterdrug Training Center in Johnston, Iowa. (e) Authorization of Appropriations.--(1) There is hereby authorized to be appropriated for the Department of Defense for the National Guard for fiscal year 2002, $25,000,000 for purposes of the National Guard counterdrug schools in that fiscal year. (2) The amount authorized to be appropriated by paragraph (1) is in addition to any other amount authorized to be appropriated for the Department of Defense for the National Guard for fiscal year 2002. (f) Availability of Funds.--(1) Of the amount authorized to be appropriated by subsection (e)(1)-- (A) $4,000,000 shall be available for the National Interagency Civil-Military Institute, San Luis Obispo, California; (B) $8,000,000 shall be available for the Multi- Jurisdictional Counterdrug Task Force Training, St. Petersburg, Florida; (C) $3,000,000 shall be available for the Midwest Counterdrug Training Center, Johnston, Iowa; (D) $5,000,000 shall be available for the Regional Counterdrug Training Academy, Meridian, Mississippi; and (E) $5,000,000 shall be available for the Northeast Regional Counterdrug Training Center, Fort Indiantown Gap, Pennsylvania. (2) Amounts available under paragraph (1) shall remain available until expended. (g) Funding for Fiscal Years After Fiscal Year 2002.--(1) The budget of the President that is submitted to Congress under section 1105 of title 31, United States Code, for any fiscal year after fiscal year 2002 shall set forth as a separate budget item the amount requested for such fiscal year for the National Guard counterdrug schools. (2) It is the sense of Congress that-- (A) the amount authorized to appropriated for the National Guard counterdrug schools for any fiscal year after fiscal year 2002 should not be less than the amount authorized to be appropriated for those schools for fiscal year 2002 by subsection (e)(1), in constant fiscal year 2002 dollars; and (B) the amount made available to each National Guard counterdrug school for any fiscal year after fiscal year 2002 should not be less than the amount made available for such school for fiscal year 2002 by subsection (f)(1), in constant fiscal year 2002 dollars, except that the amount made available for the Midwest Counterdrug Training School should not be less than $5,000,000, in constant fiscal year 2002 dollars.

Authorizes the Chief of the National Guard Bureau to establish and operate the following five schools (counterdrug schools) for the provision by the National Guard of training in drug interdiction, counter-drug activities, and drug demand reduction activities to personnel of Federal agencies, State and local law enforcement agencies, and community-based organizations and other non-Federal governmental and private entities and organizations engaged in such activities: (1) the National Interagency Civil-Military Institute, San Luis Obispo, California; (2) the Multi-Jurisdictional Counterdrug Task Force Training, St. Petersburg, Florida; (3) the Midwest Counterdrug Training Center to be established in Johnston, Iowa; (4) the Regional Counterdrug Training Academy, Meridian, Mississippi; and (5) the Northeast Regional Counterdrug Training Center, Fort Gap, Pennsylvania..

A bill to authorize the operation by the National Guard of counterdrug schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Credit Expansion Act''. SEC. 2. ELIGIBILITY FOR FARM LOANS. (a) Farm Ownership Loans.--Section 302(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a)) is amended-- (1) by striking ``(a) In General.--The'' and inserting the following: ``(a) In General.-- ``(1) Eligibility requirements.--The''; (2) in the 1st sentence, by inserting after ``limited liability companies'' the following: ``, and such other legal entities as the Secretary deems appropriate,''; (3) in the 2nd sentence, by redesignating clauses (1) through (4) as clauses (A) through (D), respectively; (4) in each of the 2nd and 3rd sentences, by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities''; and (5) by adding at the end the following: ``(2) Special deeming rules.-- ``(A) Eligibility of certain operating-only entities.--An entity that is or will become only the operator of a family farm is deemed to meet the owner- operator requirements of paragraph (1) if the individuals that are the owners of the family farm own more than 50 percent (or such other percentage as the Secretary determines is appropriate) of the entity. ``(B) Eligibility of certain embedded entities.--An entity that is an owner-operator described in paragraph (1), or an operator described in subparagraph (A) of this paragraph that is owned, in whole or in part, by other entities, is deemed to meet the direct ownership requirement imposed under paragraph (1) if at least 75 percent of the ownership interests of each embedded entity of such entity is owned directly or indirectly by the individuals that own the family farm.''. (b) Conservation Loans.--Section 304(c) of such Act (7 U.S.C. 1924(c)) is amended by inserting after ``limited liability companies'' the following: ``, or such other legal entities as the Secretary deems appropriate,''. (c) Farm Operating Loans.--Section 311(a) of such Act (7 U.S.C. 1941(a)) is amended-- (1) by striking ``(a) In General.--The'' and inserting the following: ``(a) In General.-- ``(1) Eligibility requirements.--The''; (2) in the 1st sentence, by inserting after ``limited liability companies'' the following: ``, and such other legal entities as the Secretary deems appropriate,''; (3) in the 2nd sentence, by redesignating clauses (1) through (4) as clauses (A) through (D), respectively; (4) in each of the 2nd and 3rd sentences, by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities''; and (5) by adding at the end the following: ``(2) Special deeming rule.--An entity that is an operator described in paragraph (1) that is owned, in whole or in part, by other entities, is deemed to meet the direct ownership requirement imposed under paragraph (1) if at least 75 percent of the ownership interests of each embedded entity of such entity is owned directly or indirectly by the individuals that own the family farm.''. (d) Emergency Loans.--Section 321(a) of such Act (7 U.S.C. 1961(a)) is amended-- (1) by striking ``owner-operators (in the case of loans for a purpose under subtitle A) or operators (in the case of loans for a purpose under subtitle B)'' each place it appears and inserting ``(in the case of farm ownership loans in accordance with subtitle A) owner-operators or operators, or (in the case of loans for a purpose under subtitle B) operators''; (2) by inserting after ``limited liability companies'' the 1st place it appears the following: ``, or such other legal entities as the Secretary deems appropriate''; and (3) by inserting after ``limited liability companies'' the 2nd place it appears the following: ``, or other legal entities''; (4) by striking ``and limited liability companies,'' and inserting ``limited liability companies, and such other legal entities''; (5) by striking ``ownership and operator'' and inserting ``ownership or operator''; and (6) by adding at the end the following: ``An entity that is an owner-operator or operator described in this subsection is deemed to meet the direct ownership requirement imposed under this subsection if the entity is owned, in whole or in part, by other entities and each individual that is an owner of the family farm involved has a direct or indirect ownership interest in each of the other entities.''. (e) Conforming Amendments.-- (1) Section 304(c)(2) of such Act (7 U.S.C. 1924(c)(2)) by striking ``paragraphs (1) and (2) of section 302(a)'' and inserting ``subparagraphs (A) and (B) of section 302(a)(1)''. (2) Section 310D of such Act (7 U.S.C. 1934) is amended-- (A) by inserting after ``partnership'' the following: ``, or such other legal entities as the Secretary deems appropriate,''; and (B) by inserting after ``partners'' the following: ``, or owners,''. (3) Section 343(a)(11) of such Act (7 U.S.C. 1991(a)(11)) is amended-- (A) by inserting after ``joint operation,'' the 1st place it appears the following: ``or such other legal entity as the Secretary deems appropriate,''; (B) by striking ``or joint operators'' each place it appears and inserting ``joint operators, or owners''; and (C) by inserting after ``joint operation,'' each other place it appears the following: ``or such other legal entity,''. (4) Section 359(b)(2) of such Act (7 U.S.C. 2006a(b)(2)) is amended by striking ``section 302(a)(2) or 311(a)(2)'' and inserting ``section 302(a)(1)(B) or 311(a)(1)(B)''.

Agricultural Credit Expansion Act - Amends the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency operating loans, farm ownership loans, conservation loans, and emergency loans. Deems specified embedded entities (an entity owned wholly or in part by another entity) eligible for farm ownership and operating loans. Deems specified operating-only entities eligible for farm ownership loans. Deems an entity that is an owner-operator or operator to meet the direct ownership loan requirement if it is owned in whole or in part by other entities and each individual that is an owner of the family farm involved has an ownership interest in each of the other entities.

To amend the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency loans.

SECTION 1. RENEWABLE LIQUID FUELS EXCISE TAX CREDIT. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by inserting after section 6426 the following new section: ``SEC. 6426A. CREDIT FOR RENEWABLE LIQUID FUELS. ``(a) Allowance of Credits.--There shall be allowed as a credit against the tax imposed by section 4081 an amount equal to the renewable liquid mixture credit. ``(b) Renewable Liquid Mixture Credit.-- ``(1) In general.--For purposes of this section, the renewable liquid mixture credit is the product of the applicable amount and the number of gallons of renewable liquid used by the taxpayer in producing any renewable liquid mixture for sale or use in a trade or business of the taxpayer. ``(2) Applicable amount.--For purposes of this section, the applicable amount is $1.00. ``(3) Renewable liquid mixture.--For purposes of this section, the term `renewable liquid mixture' means a mixture of renewable liquid and taxable fuel which-- ``(A) is sold by the taxpayer producing such mixture to any person for use as a fuel or feedstock, or ``(B) is used as a fuel or feedstock by the taxpayer producing such mixture. For purposes of subparagraph (A), a mixture produced by any person at a refinery prior to a taxable event which includes renewable liquid shall be treated as sold at the time of its removal from the refinery (and only at such time) or sold to another person for use as a fuel or feedstock. ``(c) Other Definitions.--For purposes of this subsection: ``(1) Renewable liquid.--The term `renewable liquid' means liquid hydrocarbons derived from waste and byproduct streams including: agricultural byproducts and wastes, aqua-culture products produced from waste streams, food processing plant byproducts, municipal solid and semi-solid waste streams, industrial waste streams, automotive scrap waste streams, and as further provided by regulations. ``(2) Taxable fuel.--The term `taxable fuel' has the meaning given such term by section 4083(a)(1). ``(3) Feedstock.--The term `feedstock' means any precursor material subject to further processing to make a petrochemical, solvent, or other hydrocarbon which has the effect of displacing conventional crude oil, or products produced from conventional crude oil. ``(4) Additional definitions.--Any term used in this section which is also used in section 40B shall have the meaning given such term by section 40B. ``(d) Certification for Renewable Liquid Fuel.--No credit shall be allowed under this section unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer of the renewable liquid fuel, which identifies the product produced. ``(e) Mixture Not Used as Fuel, Etc.-- ``(1) Imposition of tax.--If-- ``(A) any credit was determined under this section with respect to renewable liquid used in the production of any renewable liquid mixture, and ``(B) any person-- ``(i) separates the renewable liquid from the mixture, or ``(ii) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the applicable amount and the number of gallons of such renewable liquid. ``(2) Applicable laws.--All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under paragraph (1) as if such tax were imposed by section 4081 and not by this section. ``(f) Coordination With Exemption From Excise Tax.--Rules similar to the rules under section 40(c) shall apply for purposes of this section. ``(g) Termination.--This section shall not apply to any sale, use, or removal for any period after December 31, 2010.''. (b) Registration Requirement.--Section 4101(a)(1) of the Internal Revenue Code of 1986 (relating to registration) is amended by inserting ``and every person producing or importing renewable liquid as defined in section 6426A(c)(1)'' before ``shall register with the Secretary''. (c) Payments.--Section 6427 of the Internal Revenue Code of 1986 is amended by inserting after subsection (f) the following new subsection: ``(g) Renewable Liquid Used to Produce Mixture.-- ``(1) Used to produce a mixture.--If any person produces a mixture described in section 6426A in such person's trade or business, the Secretary shall pay (without interest) to such person an amount equal to the renewable liquid mixture credit with respect to such mixture. ``(2) Coordination with other repayment provisions.--No amount shall be payable under paragraph (1) with respect to any mixture with respect to which an amount is allowed as a credit under section 6426A. ``(3) Termination.--This subsection shall not apply with respect to any renewable liquid fuel mixture (as defined in section 6426A(b)(3) sold or used after December 31, 2010).''. (d) Conforming Amendment.--The last sentence of section 9503(b)(1) is amended by striking ``section 6426'' and inserting ``sections 6426 and 6426A''. (e) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6426 the following new item: ``Sec. 6426A. Credit for renewable liquid fuels.''. (f) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to fuel sold or used after December 31, 2005. (2) Registration requirement.--The amendment made by subsection (b) shall take effect on January 1, 2006. SEC. 2. RENEWABLE LIQUID INCOME TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 40A the following new section: ``SEC. 40B. RENEWABLE LIQUID USED AS FUEL. ``(a) General Rule.--For purposes of section 38, the renewable liquid credit determined under this section for the taxable year is an amount equal to the sum of-- ``(1) the renewable liquid mixture credit, plus ``(2) the renewable liquid credit. ``(b) Definition of Renewable Liquid Mixture Credit and Renewable Liquid Credit.--For purposes of this section-- ``(1) Renewable liquid mixture credit.-- ``(A) In general.--The renewable liquid mixture credit of any taxpayer for any taxable year is $1.00 for each gallon of renewable liquid fuel used by the taxpayer in the production of a qualified renewable liquid fuel mixture. ``(B) Qualified renewable liquid mixture.--The term `qualified renewable liquid mixture' means a mixture of renewable liquid and taxable fuel (as defined in section 4083(a)(1)), which-- ``(i) is sold by the taxpayer producing such a mixture to any person for use as a fuel or feedstock, or ``(ii) is used as a fuel or feedstock by the taxpayer producing such mixture. ``(C) Sale or use must be in trade or business, etc.--Renewable liquid used in the production of a qualified renewable liquid fuel mixture shall be taken into account-- ``(i) only if the sale or use described in subparagraph (B) is in a trade or business of the taxpayer, and ``(ii) for the taxable year in which such sale or use occurs. ``(2) Renewable liquid credit.-- ``(A) In general.--The renewable liquid credit of any taxpayer for any taxable year is $1.00 for each gallon of renewable liquid which is not in a mixture with taxable fuel and which during the taxable year-- ``(i) is used by the taxpayer as a fuel or feedstock in a trade or business, or ``(ii) is sold by the taxpayer at retail to a person and placed in the fuel tank of such person's vehicle. ``(B) User credit not to apply to renewable liquid sold at retail.--No credit shall be allowed under subparagraph (A)(i) with respect to any renewable liquid which was sold in a retail sale described in subparagraph (A)(ii). ``(c) Certification for Renewable Liquid.--No credit shall be allowed under this section unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer or importer of the renewable liquid fuel which identifies the product produced and percentage of renewable liquid fuel in the product. ``(d) Coordination With Credit Against Excise Tax.--The amount of the credit determined under this section with respect to any renewable liquid fuel shall be properly reduced to take into account any benefit provided with respect to such renewable liquid fuel solely by reason of the application of section 6426A or 6427(g). ``(e) Definitions and Special Rules.--For purposes of this section, the term `renewable liquid' means liquid hydrocarbons derived from waste and byproduct streams including: agricultural byproducts and wastes, agriculture materials produced from waste streams, food processing plant byproducts, municipal solid and semi-solid waste streams, industrial waste streams, automotive scrap waste streams, as further provided by regulations. ``(f) Mixture or Renewable Liquid Not Used as a Fuel, Etc.-- ``(1) Mixtures.--If-- ``(A) any credit was determined under this section with respect to renewable liquid used in the production of any qualified renewable liquid mixture, and ``(B) any person-- ``(i) separates the renewable liquid from the mixture, or ``(ii) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (b)(1)(A) and the number of gallons of such renewable liquid in such mixture. ``(2) Renewable liquid.--If-- ``(A) any credit was determined under this section with respect to the retail sale of any renewable liquid, and ``(B) any person mixes such renewable liquid or uses such renewable liquid other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (b)(2)(A) and the number of gallons of such renewable liquid. ``(3) Applicable laws.--All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under subparagraph (A) or (B) as if such tax were imposed by section 4081 and not by this chapter. ``(g) Pass-Thru in the Case of Estates and Trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(h) Termination.--This section shall not apply to any sale or use after December 31, 2010.''. (b) Credit Treated as Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit), is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (17), and inserting ``, plus'', and by inserting after paragraph (19) the following new paragraph: ``(20) The renewable liquid credit determined under section 40B.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter I of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 40A the following new item: ``Sec. 40B. Renewable liquid used as fuel.''. (d) Effective Date.--The amendments made by this section shall apply to fuel produced, and sold as used, after December 31, 2005.

Amends the Internal Revenue Code to allow: (1) a tax credit against the gasoline excise tax for renewable liquid fuels; and (2) a business tax credit for renewable liquid used as fuel. Defines "renewable liquid" as liquid hydrocarbons derived from certain waste and byproduct streams. Terminates such credits after 2010.

A bill to amend the Internal Revenue Code of 1986 to provide a renewable liquid fuels tax credit, and for other purposes.

SECTION 1. REQUIREMENT TO DISCLOSE TO INSURANCE APPLICANTS CERTAIN MEDICAL TEST RESULTS. (a) In General.--Except as provided in subsections (c) and (d), a life or disability insurer who requires, as a condition for the sale of a covered insurance product, that an applicant for the purchase of the product submit to an examination or test by a physician, health professional, or medical laboratory-- (1) shall require the physician, health professional, or laboratory to provide the results to the insurer in the form of a written report containing the findings of the physician, professional, or laboratory, including the results of all tests, diagnoses, and conclusions made; and (2) shall mail, not later than 30 days after the date on which the insurer receives such report, the report to the applicant at an address provided for this purpose by the applicant. (b) Abnormal Finding.--In any case in which a life or disability insurer mails a report to an applicant under subsection (a) that contains a finding of abnormality or irregularity with respect to the health or condition of the applicant, the insurer shall include with the report a document that-- (1) highlights the abnormal or irregular finding in language that is understandable to a person of average intelligence with no medical training; and (2) advises the applicant to consult with a suitable health professional for further explanation and appropriate follow-up. (c) Election To Receive Results through Physician.--An applicant described in subsection (a) may elect to have the report described in such subsection, and the document described in subsection (b), mailed to a physician of the applicant's choice designated by the applicant for such purpose, in lieu of having the report and document mailed to the applicant. The election shall be effective in any case where the applicant, before the date of the examination or test, submits to the insurer an election form described in subsection (e)(1) that includes-- (1) a check-off box, marked by hand by the applicant, showing the applicant's election to have the report and document mailed to such physician; (2) the applicant's signature; and (3) the date on which the form was completed by the applicant. (d) Waiver by Applicant.--Subsections (a) and (b) shall not apply where the applicant, before the date of the examination or test, declines to receive the results by submitting to the insurer a waiver form described in subsection (e)(1) that includes-- (1) a check-off box, marked by hand by the applicant, showing the applicant's choice to waive the applicant's right to receive any reports under subsection (a); (2) the applicant's signature; and (3) the date on which the form was completed by the applicant. (e) Requirements Relating to Forms.-- (1) Requirement to supply forms.--A life or disability insurer described in subsection (a) shall furnish to an applicant described in such subsection an election form, sufficient for purposes of subsection (c), and a waiver form, sufficient for purposes of subsection (d), at the same time the insurer furnishes to the applicant the application for sale of the covered product. The forms shall be distinct from, and not a part of, such application. (2) Copy.--A life or disability insurer described in subsection (a) shall furnish to an applicant described in such subsection a copy of an election form or a waiver form submitted to the insurer by the applicant upon the insurer's receipt of the form. (3) Revocation.--An election under subsection (c), or a waiver under subsection (d), may be revoked by the applicant at any time, through a written or oral notification to the life or disability insurer. SEC. 2. PROHIBITION ON CERTAIN DISCLOSURES OF EXAMINATION RESULTS. A life or disability insurer who requires, as a condition for the sale of a covered insurance product, that an applicant for the purchase of the product submit to an examination or test by a physician, health professional, or medical laboratory may not disclose to any other person, in any form, the results of such examination or test, except-- (1) as provided in section 1; (2) pursuant to a valid and fully executed written authorization for such disclosure-- (A) during the period specified by the authorization, in the case of an authorization that permits the disclosure to be made only during a period that is shorter than the 2-year period beginning on the date the authorization is executed by the applicant; or (B) during 2-year period beginning on the date the authorization is executed by the applicant, in the case of any other authorization; (3) pursuant to a court order, subpoena, warrant, or search warrant, for use by a law enforcement agency in an official law enforcement investigation or proceeding inquiring into a violation of any civil or criminal law, and where such disclosure is expressly required by an applicable law other than this Act; (4) where the disclosure is made to a public health authority and is expressly required by an applicable law other than this Act. SEC. 3. CIVIL ACTION BY AGGRIEVED PERSON. (a) In General.--Any person who is aggrieved by a violation of this Act by a life or disability insurer may commence a civil action against the insurer in an appropriate State court or district court of the United States. (b) Relief.-- (1) In general.--In an action under this section, if the court finds that the defendant has failed to comply with this Act, the aggrieved person may recover-- (A) statutory damages in an amount equal to $10,000 for each such violation; (B) compensatory damages; and (C) punitive damages. (2) Attorney's fees.--In an action under this section, the court, in its discretion, may allow a prevailing plaintiff, other than the United States, a reasonable attorney's fee (including expert fee) as part of the costs, and the United States shall be liable for costs the same as a private person. SEC. 4. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT. For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C. 1012(b); commonly known as the McCarran-Ferguson Act), this Act shall be considered to specifically relate to the business of insurance. SEC. 5. REGULATIONS. The Secretary of Health and Human Services may issue regulations to carry out this Act. SEC. 6. DEFINITIONS. As used in this Act: (1) Applicant.--The term ``applicant'' means an individual whose death or disability will be, or is, the subject of a covered insurance product, upon the acceptance by the life or disability insurer selling the product of the application for the purchase of the product. (2) Covered insurance product.--The term ``covered insurance product'' means-- (A) a life insurance policy or contract, or benefits under such a policy or contract; or (B) a disability insurance policy or contract, or benefits under such a policy or contract. (3) Disclose.--The term ``disclose'', means to release, transfer, provide access to, or otherwise divulge the information to any person other than an individual who is the subject of the information. Such term includes the placement of information into a computerized data base, networked computer system, or any other electronic or magnetic data system, that more than one person may access by any means. (4) Life or disability insurer.--The term ``life or disability insurer'' means-- (A) a person doing business in interstate commerce who is licensed or certified by a State to provide a covered insurance product; or (B) a person who acts as an agent of a person described in subparagraph (A) with respect to the sale of a covered insurance product. SEC. 7. EFFECTIVE DATE. This Act shall take effect on July 1, 1998.

Requires that a life or disability insurer, if the insurer requires an applicant for life or disability insurance to submit to a medical examination or test, ensure disclosure to the applicant of the test results. Prohibits the insurer from disclosing the results to any other person, except under a written authorization made by the applicant, pursuant to certain legal process, or to a public health authority when expressly required by law. Provides for civil actions for violations of this Act by any aggrieved person, allowing recovery of statutory, compensatory, and punitive damages and attorney's fees. Declares that, for provisions of Federal law commonly known as the McCarran-Ferguson Act prohibiting Federal insurance law from preempting State law unless the Federal law specifically relates to the business of insurance, this Act shall be considered to specifically relate to the business of insurance.

To require life and disability insurers to disclose an insurance applicant's medical test results to the applicant, unless the applicant specifically declines to receive the results, and otherwise to restrict the disclosure of such results by such insurers.

SECTION 1. FINDINGS. The Congress finds the following: (1) In 1941, President Franklin D. Roosevelt overruled his top generals and ordered the creation of an all Black flight training program. President Roosevelt took this action one day after the NAACP filed suit on behalf of Howard University student Yancy Williams and others in Federal court to force the Department of War to accept Black pilot trainees. Yancy Williams had a civilian pilot's license and had earned an engineering degree. Years later, Major Yancy Williams participated in an air surveillance project created by President Dwight D. Eisenhower. (2) Due to the rigid system of racial segregation that prevailed in the United States during World War II, Black military pilots were trained at a separate airfield built near Tuskegee, Alabama. They became known as the ``Tuskegee Airmen''. (3) The Tuskegee Airmen inspired revolutionary reform in the Armed Forces, paving the way for full racial integration in the Armed Forces. They overcame the enormous challenges of prejudice and discrimination, succeeding, despite obstacles that threatened failure. (4) From all accounts, the training of the Tuskegee Airmen was an experiment established to prove that so-called ``coloreds'' were incapable of operating expensive and complex combat aircraft. Studies commissioned by the Army War College between 1924 and 1939 concluded that Blacks were unfit for leadership roles and incapable of aviation. Instead, the Tuskegee Airmen excelled. (5) Overall, some 992 Black pilots graduated from the pilot training program of the Tuskegee Army Air Field, with the last class finishing in June 1946, 450 of whom served in combat. The first class of cadets began in July 1941 with 13 airmen, all of whom had college degrees, some with Ph.D. degrees, and all of whom had pilot's licenses. One of the graduates was Captain Benjamin O. Davis Jr., a United States Military Academy graduate. Four aviation cadets were commissioned as second lieutenants, and 5 received Army Air Corps silver pilot wings. (6) That the experiment achieved success rather than the expected failure is further evidenced by the eventual promotion of 3 of these pioneers through the commissioned officer ranks to flag rank, including the late General Benjamin O. Davis, Jr., United States Air Force, the late General Daniel ``Chappie'' James, United States Air Force, our Nation's first Black 4-star general, and Major General Lucius Theus, United States Air Force (retired). (7) 450 Black fighter pilots under the command of then Colonel Benjamin O. Davis, Jr., fought in World War II aerial battles over North Africa, Sicily, and Europe, flying, in succession, P-40, P- 39, P-47, and P-51 aircraft. These gallant men flew 15,553 sorties and 1,578 missions with the 12th Tactical Air Force and the 15th Strategic Air Force. (8) Colonel Davis later became the first Black flag officer of the United States Air Force, retired as a 3-star general, and was honored with a 4th star in retirement by President William J. Clinton. (9) German pilots, who both feared and respected the Tuskegee Airmen, called them the ``Schwartze Vogelmenschen'' (or ``Black Birdmen''). White American bomber crews reverently referred to them as the ``Black Redtail Angels'', because of the bright red painted on the tail assemblies of their fighter aircraft and because of their reputation for not losing bombers to enemy fighters as they provided close escort for bombing missions over strategic targets in Europe. (10) The 99th Fighter Squadron, after having distinguished itself over North Africa, Sicily, and Italy, joined 3 other Black squadrons, the 100th, the 301st, and the 302nd, designated as the 332nd Fighter Group. They then comprised the largest fighter unit in the 15th Air Force. From Italian bases, they destroyed many enemy targets on the ground and at sea, including a German destroyer in strafing attacks, and they destroyed numerous enemy aircraft in the air and on the ground. (11) 66 of these pilots were killed in combat, while another 32 were either forced down or shot down and captured to become prisoners of war. These Black airmen came home with 150 Distinguished Flying Crosses, Bronze Stars, Silver Stars, and Legions of Merit, one Presidential Unit Citation, and the Red Star of Yugoslavia. (12) Other Black pilots, navigators, bombardiers and crewman who were trained for medium bombardment duty as the 477th Bomber Group (Medium) were joined by veterans of the 332nd Fighter Group to form the 477th Composite Group, flying the B-25 and P-47 aircraft. The demands of the members of the 477th Composite Group for parity in treatment and for recognition as competent military professionals, combined with the magnificent wartime records of the 99th Fighter Squadron and the 332nd Fighter Group, led to a review of the racial policies of the Department of War. (13) In September 1947, the United States Air Force, as a separate service, reactivated the 332d Fighter Group under the Tactical Air command. Members of the 332d Fighter Group were ``Top Guns'' in the 1st annual Air Force Gunnery Meet in 1949. (14) For every Black pilot, there were 12 other civilian or military Black men and women performing ground support duties. Many of these men and women remained in the military service during the post-World War II era and spearheaded the integration of the Armed Forces of the United States. (15) Major achievements are attributed to many of those who returned to civilian life and earned leadership positions and respect as businessmen, corporate executives, religious leaders, lawyers, doctors, educators, bankers, and political leaders. (16) A period of nearly 30 years of anonymity for the Tuskegee Airmen was ended in 1972 with the founding of Tuskegee Airmen, Inc., in Detroit, Michigan. Organized as a non-military and nonprofit entity, Tuskegee Airmen, Inc., exists primarily to motivate and inspire young Americans to become participants in our Nation's society and its democratic process, and to preserve the history of their legacy. (17) The Tuskegee Airmen have several memorials in place to perpetuate the memory of who they were and what they accomplished, including-- (A) the Tuskegee Airmen, Inc., National Scholarship Fund for high school seniors who excel in mathematics, but need financial assistance to begin a college program; (B) a museum in historic Fort Wayne in Detroit, Michigan; (C) Memorial Park at the Air Force Museum at Wright- Patterson Air Force Base in Dayton, Ohio; (D) a statue of a Tuskegee Airman in the Honor Park at the United States Air Force Academy in Colorado Springs, Colorado; and (E) a National Historic Site at Moton Field, where primary flight training was performed under contract with the Tuskegee Institute. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the Tuskegee Airmen, collectively, in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the Tuskegee Airmen under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the Tuskegee Airmen. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medals authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of a single gold medal collectively to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces. Directs that, after such award, the medal be displayed at the Smithsonian Institution. Expresses the sense of Congress that such Institution should make the medal available for display elsewhere, particularly at locations associated with the Airmen. Provides funding from the United States Mint Public Enterprise Fund to cover the cost of duplicate medals authorized for sale.

To award a congressional gold medal on behalf of the Tuskegee Airmen, collectively, in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Information Technology Partnerships Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) There are more than 200,000 to 400,000 vacancies in various categories of information technology jobs. (2) From 1996 to 2005, more than 1,300,000 new computer scientists, engineers, and systems analysts will be required in the United States to fill vacant jobs, which equals 136,800 new workers per year. (3) Systems analysts will experience the largest job growth, accounting for a 103 percent increase in the number of new positions from 1996 (506,000) to 2005 (1,025,000). (4) The shortage of information technology workers transcends industries, affecting the manufacturing, service, transportation, health care, education, and government sectors. Within each sector, vacancies exist at all levels from aides and mechanics to programmers and designers. (5) The information technology worker shortage is having an adverse effect on the viability of businesses in the United States and on the Nation's competitiveness. Industry surveys report that half of industry executives cite the lack of workers skilled in technology as the number one obstacle to their company's growth. An additional 20 percent of industry executives identify the lack of information technology workers as a major obstacle to their company's growth. (6) A major factor affecting the short supply of information technology workers is the mismatch between what universities teach and what industry needs. (7) It is in the national interest to promote special initiatives which effectively educate and train our domestic workforce to keep pace with these expanding job opportunities. (8) Institutions of higher education have the capacity and resources to provide a role of oversight and technical assistance to a wide range of local entities, including community-based organizations, participating in a comprehensive education and training program for potential technology workers. (9) Higher education institutions must be responsive to the digital environment and expand both their outreach efforts and on-campus activities to train and certify individuals to close the information technology worker gap. SEC. 3. PARTNERSHIPS FOR POSTSECONDARY INFORMATION TECHNOLOGY EDUCATION AND EMPLOYMENT ASSISTANCE. (a) Grants Authorized.--The Secretary may make grants under this Act, in accordance with competitive criteria established by the Secretary, to institutions of higher education, in order to establish, oversee the operation of, and provide technical assistance to, projects described in subsection (b). (b) Projects.--Projects under this Act shall be projects implemented by a community-based organization described in section 4, or by the institution of higher education receiving the grant, to provide postsecondary information technology education and employment procurement assistance to eligible individuals described in section 5. (c) Restrictions.--An institution of higher education shall be eligible to receive only one grant under this Act, but may, subject to the requirements of this Act, use the grant to enter into contracts with more than one community-based organization. A community-based organization shall not be eligible to enter into a contract under this Act with more than one institution of higher education. (d) Period of Grant.--The provision of payments under a grant under this Act shall not exceed 5 fiscal years and shall be subject to the annual approval of the Secretary and subject to the availability of appropriations for each fiscal year involved. SEC. 4. COMMUNITY-BASED ORGANIZATIONS. (a) In General.--Subject to subsection (b), a community-based organization described in this section is an entity that, at the time the entity enters into a contract with an institution of higher education for a project under this Act, and throughout the duration of that contract-- (1) is-- (A) a governmental agency; or (B) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (2) is one of the following: (A) A local partnership (as defined in section 4 of the School-to-Work Opportunities Act of 1994) receiving a grant under section 302 of such Act. (B) An entity organized and operated for religious purposes. (C) An entity furnishing school-age child care services after school. (D) A community-based computer center. (E) An entity furnishing adult education. (F) A library. (G) A museum. (H) Any other entity organized and operated for cultural, literary, or educational purposes. (b) Limitation.--An entity shall not be considered a community- based organization described in this section unless, at the time the entity enters into a contract with an institution of higher education for a project under this Act, it has demonstrated to the satisfaction of the Secretary that-- (1) it has the capacity successfully to recruit eligible individuals described in section 5 for participation in a project described in section 3, consistent with the enrollment requirements in section 6(b)(5); (2) it is providing an educational service, social service, or employment procurement service; and (3) in the case of an entity that independently manages its own finances, it has been in existence 2 years or more. SEC. 5. ELIGIBLE INDIVIDUALS. An eligible individual described in this section is an individual who-- (1) has submitted a satisfactory application to receive postsecondary information technology education and employment procurement assistance through a project under this Act; and (2) has a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate. SEC. 6. DUTIES. (a) Institutions of Higher Education.--An institution of higher education receiving a grant under this Act shall use the funds provided under the grant to carry out the following duties: (1) Final selection of community-based organizations described in section 4 desiring to provide, at one or more sites, in accordance with a contract with the institution of higher education and this Act, postsecondary information technology education and employment procurement assistance to eligible individuals described in section 5. (2) Entering into a contract with each community-based organization selected under paragraph (1) under which the institution and the organization agree to carry out the duties respectively required of them under this Act with respect to each site described in paragraph (1). (3) With respect to each site described in paragraph (1)-- (A) provision of such funding for the establishment and initial operation of the site as was specified in the grant application submitted by the institution to the Secretary; (B) approval of final site selection and preparation; (C) initial orientation and training of personnel employed to manage and operate the site; (D) design and certification of the instructional and academic programs, and oversight of the implementation of the programs; (E) oversight of equipment purchases and contracts for equipment maintenance; and (F) selection of an outside contractor for periodic evaluation of the management and operation of the site. (b) Community-Based Organizations.-- (1) In general.--A community-based organization implementing a project under this Act with an institution of higher education, at one or more sites, shall carry out the duties described in this subsection, with respect to each such site, subject to the oversight and guidance of the institution. (2) General duties.--The organization-- (A) shall undertake final site selection and preparation; (B) shall recruit and hire a site director; (C) shall carry out any supplementary instructional, academic, or educational activities specified in the contract with the institution of higher education that are not described in paragraph (4); (D) shall assemble an advisory committee composed of individuals residing in the community in which the site is located, as well as industry representatives, who desire to assist the organization in ensuring that the goals of the organization are consistent with the goals and needs of the community population; (E) shall provide to the institution other evidence of volunteer support from individuals residing in the community in which the site is located and industry representatives; (F) shall recruit eligible individuals for enrollment, subject to paragraph (5); (G) shall maintain waiting lists of eligible individuals desiring to enroll in the project's programs; (H) shall provide career counseling to eligible individuals enrolled in the project's programs; and (I) shall provide job and internship information and placement, employer contacts, and other forms of employment procurement assistance to eligible individuals enrolled in the project's programs. (3) Site requirements.--The organization shall ensure that each site-- (A) has a minimum of 20 fully functioning computers with sufficient capacity to perform all of the computer operations that are the subject of the curriculum specified in paragraph (4); (B) in addition to the space for the computers described in subparagraph (A), has-- (i) a classroom space with the capacity for seating a minimum of 30 students; (ii) a space in which to conduct the required career and employment counseling functions specified in paragraph (2); and (iii) a separate office for the site director; (C) is real property subject to the control of the organization or the institution, through a lease or other legal instrument, for a period of not less than 5 years; (D) is open to enrolled individuals not less than 12 hours per day; and (E) is located within walking distance of public transportation. (4) Information technology curriculum.-- (A) In general.--The organization shall ensure that each site offers enrollees a curriculum that includes a broad range of course work that will assist them in qualifying for employment in the field of information technology. (B) Courses leading to certification.--Such curriculum shall include course work leading to a certification of competence in areas of information technology recognized by the National Skill Standards Board established under the National Skill Standards Act of 1994. (C) Specific courses.--The computer training offered shall include courses in basic computer competence, on-the-job upgrade assistance, and advanced computer competence. (5) Enrollment requirements.--The organization shall ensure that its enrollment of eligible individuals at each site is consistent with the following: (A) Not less than 50 percent of the eligible individuals shall be, at the time of enrollment, individuals-- (i) to whom a credit was allowed under section 32 of the Internal Revenue Code of 1986 for the preceding taxable year; (ii) who are recipients of assistance under a State program funded under part A of title IV of the Social Security Act; (iii) who are a member of a household participating in the food stamp program; or (iv) who are considered low-income pursuant to regulations promulgated by the Secretary under this Act. (B) Not less than 50 percent of the eligible individuals shall be, at the time of enrollment, under 25 years of age. (C) No prerequisite relating to net worth, income, or assets may be applied to any eligible individual who, at the time of enrollment, is over 50 years of age, except that this requirement shall not be construed to supersede subparagraph (A). SEC. 7. IMPLEMENTATION OF PROJECTS SOLELY BY INSTITUTIONS. The Secretary may make a grant under this Act to an institution of higher education that desires to implement a project under this Act without the participation of a community-based organization described in section 4, if the institution agrees to carry out all of the duties required of such an organization under this Act, in addition to the duties otherwise required of an institution of higher education. The Secretary shall, in awarding grants under this Act, give priority to institutions of higher education whose grant application includes an assurance that the institution will contract with one or more community-based organizations in accordance with this Act. SEC. 8. APPLICATIONS. To apply for a grant under this Act for any fiscal year, an institution of higher education shall submit an application to the Secretary in accordance with the procedures established by the Secretary. The application shall specify the institution's preliminary selections for the community-based organizations (if any) with which the institution proposes to contract, and shall include information with respect to preliminary site selections. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $100,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years. SEC. 10. DEFINITIONS. For purposes of this Act: (1) Adult education.--The term ``adult education'' has the meaning given such term in section 312 of the Adult Education Act. (2) Community-based computer center.--The term ``community- based computer center'' means a computer center-- (A) funded by both the Federal Government and at least one private sector entity; (B) located in a low-income community (as determined by the Secretary); and (C) organized and operated for the purpose of providing families with access to computer resources that otherwise would not be available to them. (3) Food stamp program.--The term ``food stamp program'' has the meaning given such term in section 3(h) of the Food Stamp Act of 1977. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 1201 of the Higher Education Act of 1965. (5) Library.--The term ``library'' has the meaning given such term in section 213 of the Library Services and Technology Act. (6) Museum.--The term ``museum'' has the meaning given such term in section 272 of the Museum and Library Services Act. (7) Secretary.--The term ``Secretary'' means the Secretary of Education.

Information Technology Partnerships Act - Authorizes the Secretary of Education to make competitive grants to institutions of higher education to establish, oversee, and provide technical assistance to postsecondary information technology education and employment assistance projects. Requires such projects to be implemented by certain types of community-based organizations, or by the institutions receiving the grants. Makes applicants eligible for such project assistance if they have a high school diploma or equivalent. Sets forth requirements for: (1) duties of, and uses of project funds by, institutions of higher education and community-based organizations; (2) project sites; (3) information technology curricula; and (4) minimum enrollment percentages of specified low-income individuals and individuals under age 25. Authorizes grants for implementation of a project solely by institutions of higher education without the participation of community-based organizations; but gives grant award priority to institutions of higher education whose grant applications include an assurance that they will contract with one or more community-based organizations. Authorizes appropriations.

Information Technology Partnerships Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Transparency and Ethics Enhancement Act of 2006''. SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH. (a) Creation and Duties.--Part III of title 28, United States Code, is amended by adding at the end the following: ``CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH ``1021. Establishment. ``1022. Appointment of Inspector General. ``1023. Duties. ``1024. Powers. ``1025. Reports. ``1026. Whistleblower protection. ``Sec. 1021. Establishment ``There is established for the judicial branch of the Government the Office of Inspector General for the Judicial Branch (hereinafter in this chapter referred to as the `Office'). ``Sec. 1022. Appointment of Inspector General ``The head of the Office shall be the Inspector General, who shall be appointed by the Chief Justice of the United States after consultation with the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives. ``Sec. 1023. Duties ``With respect to the Judicial Branch, other than the United States Supreme Court, the Office shall-- ``(1) conduct investigations of matters pertaining to the Judicial Branch, including possible misconduct in office of judges and proceedings under chapter 16 of this title, that may require oversight or other action within the Judicial Branch or by Congress; ``(2) conduct and supervise audits and investigations; ``(3) prevent and detect waste, fraud, and abuse; and ``(4) recommend changes in laws or regulations governing the Judicial Branch. ``Sec. 1024. Powers ``In carrying out the duties of the Office, the Inspector General shall have the power-- ``(1) to make investigations and reports; ``(2) to obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the course of business by the Judicial Conference of the United States, the judicial councils of circuits, the Administrative Office of the United States Courts, and the United States Sentencing Commission; ``(3) to require, by subpoena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence memoranda, papers, and documents, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by civil action; ``(4) to administer to or take from any person an oath, affirmation, or affidavit; ``(5) to employ such officers and employees, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; ``(6) to obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS-18 of the General Schedule by section 5332 of title 5, United States Code; and ``(7) to the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the duties of the Office. ``Sec. 1025. Reports ``(a) When to Be Made.--The Inspector General shall-- ``(1) make an annual report to the Chief Justice and to Congress relating to the activities of the Office; and ``(2) make prompt reports to the Chief Justice and to Congress on matters that may require action by them. ``(b) Sensitive Matter.--If a report contains sensitive matter, the Inspector General may so indicate and Congress may receive that report in closed session. ``(c) Duty to Inform Attorney General.--In carrying out the duties of the Office, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. ``Sec. 1026. Whistleblower protection ``(a) In General.--No officer, employee, agent, contractor or subcontractor in the Judicial Branch may discharge, demote, threaten, suspend, harass or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a judge or any other employee in the Judicial Branch, which may assist the Inspector General in the performance of duties under this chapter. ``(b) Civil Action.--An employee injured by a violation of subsection (a) may, in a civil action, obtain appropriate relief.''. (b) Clerical Amendment.--The table of chapters for part III of title 28, United States Code, is amended by adding at the end the following new item: ``60. Inspector General for the Judicial Branch.''.

Judicial Transparency and Ethics Enhancement Act of 2006 - Amends the federal judicial code to establish the Office of Inspector General for the Judicial Branch of the U.S. government, to be headed by an Inspector General appointed by the Chief Justice. Requires the Office to: (1) investigate matters pertaining to the Judicial Branch (other than the Supreme Court), including possible misconduct in office of justices and judges; (2) conduct and supervise audits and investigations; and (3) prevent and detect waste, fraud, and abuse. Provides for whistleblower protection.

To amend title 28, United States Code, to provide for the detection and prevention of inappropriate conduct in the Federal judiciary.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing the Cities Act of 2017''. SEC. 2. SECURING THE CITIES PROGRAM. (a) In General.--Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 591 et seq.) is amended by adding at the end the following new section: ``SEC. 1908. SECURING THE CITIES PROGRAM. ``(a) Establishment.--The Director for Domestic Nuclear Detection shall establish the `Securing the Cities' (`STC') program to enhance the ability of the United States to detect and prevent terrorist attacks and other high consequence events utilizing nuclear or other radiological materials that pose a high risk to homeland security in high-risk urban areas. Through the STC program the Director shall-- ``(1) assist State, local, tribal, and territorial governments in designing and implementing, or enhancing existing, architectures for coordinated and integrated detection and interdiction of nuclear or other radiological materials that are out of regulatory control; ``(2) support the development of a region-wide operating capability to detect and report on nuclear and other radioactive materials out of regulatory control; ``(3) provide resources to enhance detection, analysis, communication, and coordination to better integrate State, local, tribal, and territorial assets into Federal operations; ``(4) facilitate alarm adjudication and provide subject matter expertise and technical assistance on concepts of operations, training, exercises, and alarm response protocols; ``(5) communicate with, and promote sharing of information about the presence or detection of nuclear or other radiological materials among appropriate Federal, State, local, tribal, and territorial governments, in a manner that ensures transparency with the jurisdictions served by such program; ``(6) provide augmenting resources, as appropriate, enabling State, local, tribal, and territorial governments to sustain and refresh their capabilities developed under the STC program; and ``(7) provide any other assistance the Director determines appropriate. ``(b) Designation of Jurisdictions.--In carrying out the program under subsection (a), the Director shall designate jurisdictions from among high-risk urban areas under section 2003, and other cities and regions, as appropriate. ``(c) Congressional Notification.--The Director shall notify the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate not later than three days before the designation of new jurisdictions under subsection (b) or other changes to participating jurisdictions.''. (b) GAO Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate an assessment, including an evaluation of the effectiveness, of the Securing the Cities program under section 1908 of the Homeland Security Act of 2002, as added by subsection (a) of this section. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 1907 the following new item: ``Sec. 1908. Securing the Cities program.''. SEC. 3. MODEL EXERCISES. Not later than 120 days after the date of the enactment of this Act, the Director for Domestic Nuclear Detection of the Department of Homeland Security shall report to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate on the feasibility of the Director developing model exercises to test the preparedness of jurisdictions participating in the Securing the Cities program under section 1908 of the Homeland Security Act of 2002 (as added by section 2 of this Act) in meeting the challenges that may be posed by a range of nuclear and radiological threats. SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives January 31, 2017. Attest: KAREN L. HAAS, Clerk.

. Securing the Cities Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Domestic Nuclear Detection Office (DNDO) to establish the Securing the Cities program to enhance the ability of the United States to detect and prevent terrorist attacks and other high consequence events utilizing nuclear or other radiological materials that pose a high risk to homeland security in high-risk urban areas. Under such program, the DNDO shall: assist state, local, tribal, and territorial governments in designing and implementing, or enhancing existing, architectures for coordinated and integrated detection and interdiction of nuclear or other radiological materials that are out of regulatory control; support the development of a region-wide operating capability to detect and report on nuclear and other radioactive materials out of regulatory control; provide resources to enhance detection, analysis, communication, and coordination to better integrate state, local, tribal, and territorial assets into federal operations; facilitate alarm adjudication and provide subject matter expertise and technical assistance on concepts of operations, training, exercises, and alarm response protocols; communicate with, and promote sharing of information about the presence or detection of nuclear or other radiological materials among, appropriate federal, state, local, tribal, and territorial governments in a manner that ensures transparency; provide augmenting resources to enable state, local, tribal, and territorial governments to sustain and refresh their capabilities developed under the program; and designate participating jurisdictions from among high-risk urban areas and other cities and regions, as appropriate, and notify Congress at least three days before designating or changing such jurisdictions. The Comptroller General is required to submit an assessment evaluating the effectiveness of the program. (Sec. 3) The DNDO shall report to Congress on the feasibility of developing model exercises to test the preparedness of jurisdictions participating in the program in meeting the challenges that may be posed by a range of nuclear and radiological threats.

Securing the Cities Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Homes, Small Businesses, and Private Property Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) The protection of homes, small businesses, and other private property rights against government seizures and other unreasonable government interference is a fundamental principle and core commitment of our Nation's Founders. (2) As Thomas Jefferson wrote on April 6, 1816, the protection of such rights is ``the first principle of association, the guarantee to every one of a free exercise of his industry, and the fruits acquired by it''. (3) The Fifth Amendment of the United States Constitution specifically provides that ``private property'' shall not ``be taken for public use without just compensation''. (4) The Fifth Amendment thus provides an essential guarantee of liberty against the abuse of the power of eminent domain, by permitting government to seize private property only ``for public use''. (5) On June 23, 2005, the United States Supreme Court issued its decision in Kelo v. City of New London, No. 04-108. (6) As the Court acknowledged, ``it has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to another private party B'', and that under the Fifth Amendment, the power of eminent domain may be used only ``for public use''. (7) The Court nevertheless held, by a 5-4 vote, that government may seize the home, small business, or other private property of one owner, and transfer that same property to another private owner, simply by concluding that such a transfer would benefit the community through increased economic development. (8) The Court's decision in Kelo is alarming because, as Justice O'Connor accurately noted in her dissenting opinion, joined by the Chief Justice and Justices Scalia and Thomas, the Court has ``effectively . . . delete[d] the words `for public use' from the Takings Clause of the Fifth Amendment'' and thereby ``refus[ed] to enforce properly the Federal Constitution''. (9) Under the Court's decision in Kelo, Justice O'Connor warns, ``[t]he specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory''. (10) Justice O'Connor further warns that, under the Court's decision in Kelo, ``[a]ny property may now be taken for the benefit of another private party'', and ``the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result''. (11) As an amicus brief filed by the National Association for the Advancement of Colored People, AARP, and other organizations noted, ``[a]bsent a true public use requirement the takings power will be employed more frequently. The takings that result will disproportionately affect and harm the economically disadvantaged and, in particular, racial and ethnic minorities and the elderly''. (12) It is appropriate for Congress to take action, consistent with its limited powers under the Constitution, to restore the vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of the power of eminent domain. (13) It would also be appropriate for States to take action to voluntarily limit their own power of eminent domain. As the Court in Kelo noted, ``nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power''. SEC. 3. PROTECTION OF HOMES, SMALL BUSINESSES, AND OTHER PRIVATE PROPERTY RIGHTS. (a) In General.--The power of eminent domain shall be available only for public use. (b) Public Use.--In this Act, the term ``public use'' shall not be construed to include economic development. (c) Application.--This Act shall apply to-- (1) all exercises of eminent domain power by the Federal Government; and (2) all exercises of eminent domain power by State and local government through the use of Federal funds.

Protection of Homes, Small Businesses, and Private Property Act of 2005 - Declares that the power of eminent domain shall be available only for public use, which shall not be construed to include economic development. Applies such limitation to all exercises of eminent domain by the federal government or by state and local governments through the use of federal funds.

To protect homes, small businesses, and other private property rights, by limiting the power of eminent domain.

SECTION 1. SUSPENSION OF DUTY ON CERTAIN ITEMS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.05.70 Front panels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 80.01 cm, an outer panel radius of less than 500 cm, and an aspect ratio of 4:3 (provided for in subheading 7011.20.80)...... 9902.05.71 Front panels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 90.17 cm, an outer panel radius of less than 500 cm, and an aspect ratio of 4:3 (provided for in subheading 7011.20.80)...... 9902.05.72 Front panels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 76.00 cm, an outer panel radius of greater than 500 cm, and an aspect ratio of 16:9 (provided for in subheading 7011.20.80)...... 9902.05.73 Front panels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 85.50 cm, an outer panel radius of greater than 500 cm, and an aspect ratio of 16:9 (provided for in subheading 7011.20.80)...... 9902.05.74 32V funnel for use Free No change No change On or before 12/ ... with curved 31/2009 screen panels (provided for in subheading 7011.20.10)...... 9902.05.75 32V funnel for use Free No change No change On or before 12/ ... with Pure Flat 31/2009 (PF) panels (provided for in subheading 7011.20.10)...... 9902.05.76 Funnels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with an outside diagonal measurement of 94.12 cm and an aspect ratio of 4:3. (provided for in subheading 7011.20.10)...... 9902.05.77 Funnels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with an outside diagonal measurement of 80.87 cm and an aspect ratio of 16:9. (provided for in subheading 7011.20.10)...... 9902.05.78 Funnels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with an outside diagonal measurement of 91.50 cm and an aspect ratio of 16:9. (provided for in subheading 7011.20.10)...... 9902.05.79 Pre-assembled Free No change No change On or before 12/ ... glass envelopes 31/2009 consisting of a panel with a viewable diagonal measurement of 21 cm or less, funnel and neck for projection cathode-ray television picture tubes (provided for in subheading 7011.20.80)...... 9902.05.80 Aperture masks Free No change No change On or before 12/ ... made from 31/2009 aluminum-killed, open-coil annealed steel for color picture tubes (provided for in subheading 8540.91.50)...... 9902.05.81 Three-beam Free No change No change On or before 12/ ... electron guns for 31/2009 cathode ray tubes (provided for in subheading 8540.91.50)...... 9902.05.82 One-beam electron Free No change No change On or before 12/ ... guns for 31/2009 projection cathode-ray tubes (provided for in subheading 8540.91.50)...... 9902.05.83 Aperture masks Free No change No change On or before 12/ ''. made from an 31/2009 alloy of iron and nickel (FeNi 36) for color picture tubes. (provided for in subheading 8540.91.50)...... (b) Effective Date.--The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act. SEC. 2. REDUCTION OF DUTY ON CERTAIN ITEMS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.05.94 Front panels for 3.0% No change No change On or before 12/ ''. cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 80.03 cm, an outer panel radius of greater than 500 cm, and an aspect ratio of 4:3 (provided for in subheading 7011.20.80.30)... (b) Effective Date.--The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2009, the duty on certain: (1) front panels for cathode-ray television picture tubes; (2) 32V funnels for use with curved screen panels; (3) 32V funnels for use with Pure Flat (PF) panels; (4) certain funnels for cathode-ray television picture tubes; (5) pre-assembled glass envelopes; (6) aperture masks made from aluminum-killed, open-coil annealed steel for color picture tubes; (7) three-beam electron guns for cathode ray tubes; (8) one-beam electron guns for projection cathode-ray tubes; and (9) aperture masks. Reduces, through such date, the duty on front panels for certain cathode-ray television picture tubes.

To suspend temporarily the duty on certain items and to reduce temporarily the duty on certain items.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Microbicide Development Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Women and girls are the new face of HIV/AIDS, and are increasingly affected by the disease in every region of the world. As of 2006, nearly half of the 37,200,000 adults living with HIV and AIDS worldwide were women. In sub-Saharan Africa, that proportion was 59 percent. (2) Because of their social and biological vulnerabilities, young women are particularly at risk of HIV infection. In sub- Saharan Africa, the prevalence of HIV/AIDS is three times higher among women ages 15 to 24 than it is among men in that same age group. (3) Women infected with HIV can transmit the infection to their infants during pregnancy, labor, delivery, or breast- feeding. The most effective way to interrupt mother-to-child transmission is to ensure that mothers are not infected in the first place. (4) Many women who become infected with HIV have just one sexual partner--their husband. Marriage is not necessarily effective protection against HIV, because to protect themselves from HIV, women have to rely on their male partners to be faithful or to use condoms. Many women, especially in the developing world, are unable to insist on mutual monogamy or negotiate condom use, particularly in long-term relationships. (5) Scientists are working on a promising new prevention tool that could slow down the spread of the HIV/AIDS epidemic-- microbicides. Formulated as gels, creams, tablets or rings, microbicides are being designed to stop the transmission of the pathogens that cause AIDS and other sexually transmitted infections (referred to in this section as ``STIs''). Microbicides could allow a woman to protect herself from disease. (6) Couples need a method of HIV protection that will allow them to conceive a child and start a family. No existing HIV prevention method also allows conception. Some microbicides in development may allow women to become pregnant while at the same time protecting them from infection. (7) According to UNICEF, worldwide, the lack of HIV/AIDS prevention and treatment has left over 15,000,000 children as orphans. Of these, more than 12,000,000 live in sub-Saharan Africa. The number of AIDS orphans in sub-Saharan Africa alone is expected to grow to nearly 16,000,000 by 2010. (8) HIV prevention tools like microbicides could also be valuable for women in the United States, who account for an increasing proportion of new HIV and AIDS cases among Americans. Minority women in the United States are particularly affected. Both African-American and Latina women account for a disproportionate number of new AIDS cases, and HIV/AIDS was the leading cause of death in 2002 for African-American women ages 25 to 34. (9) With nearly 20,000,000 new cases of sexually transmitted infections occurring every year, the United States has the highest STI rates of any industrialized nation. Like HIV, STIs pose significant health threats and costs, with young people and women bearing a disproportionate burden. Nearly half of new STI cases each year occur in people under 25 years of age with women both more vulnerable to infection and more likely to experience serious and lasting health consequences when they do become infected. Some microbicides could help prevent STIs. (10) HIV/AIDS threatens national and global security. Beyond its burdens on individuals, families, and communities, the pandemic reduces economic growth, decimates health budgets, undermines civil society, and burdens the armed forces of many nations, including the United States military. (11) The microbicide field has gained considerable scientific momentum. Several first-generation products are in large-scale human trials to measure effectiveness, and new products based on recent advances in HIV treatment are well into safety trials. (12) Microbicides are a public health good with potential for large social benefits but limited economic incentives for private investment, so that public funding is required to fill the gap. As is the case for vaccines and other public goods, microbicide development must depend heavily on government leadership and investment. (13) The Federal Government needs to make a strong commitment to microbicide research and development. Three agencies, the National Institutes of Health, Centers for Disease Control and Prevention, and United States Agency for International Development, have played important roles in the progress to date, and each makes a valuable and unique contribution. As the primary Federal agency for conducting and supporting medical research and the largest single Federal Government contributor to microbicide research, the National Institutes of Health supports the Microbicide Trials Network as well as other important research activities. The United States Agency for International Development sustains strong partnerships with public and private organizations working on microbicide research, including trials in developing countries where its experience is extensive, and is well positioned to facilitate introduction of microbicides once available. The Centers for Disease Control and Prevention has a long history of conducting field trials in developing countries, but the extent of its current engagement remains quite limited. (14) According to the National Institutes of Health's strategic plan, microbicides may provide ``one of the most promising primary preventative interventions that could be safe, effective, readily available, affordable, and widely acceptable''. In a recent report to Congress, the United States Agency for International Development states that ``the US government is firmly committed to accelerating the development of safe and effective microbicides to prevent HIV''. In addition, the President's Emergency Plan for AIDS Relief recognizes the urgency of developing safe and effective microbicides. (15) The National Institutes of Health, United States Agency for International Development, and the Centers for Disease Control and Prevention have expanded their microbicide portfolios, but overall Federal leadership and coordination is required to eliminate costly inefficiencies and unproductive duplication of effort. (16) HIV prevention options available as of 2006 are insufficient in general. Most critically, they fail to recognize women's particular needs and vulnerabilities. If women are to have a genuine opportunity to protect themselves, their best option is the rapid development of new HIV- prevention technologies like microbicides, which women can initiate. TITLE I--MICROBICIDE RESEARCH AT THE NATIONAL INSTITUTES OF HEALTH SEC. 101. OFFICE OF AIDS RESEARCH; PROGRAM REGARDING MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. Subpart I of part D of title XXIII of the Public Health Service Act (42 U.S.C. 300cc-40 et seq.) is amended by inserting after section 2351 the following: ``SEC. 2351A. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. ``(a) Federal Strategic Plan.-- ``(1) In general.--The Director of the Office of AIDS Research shall-- ``(A) expedite the implementation of a Federal strategic plan for the conduct and support of microbicide research and development; and ``(B) annually review and, as appropriate, revise such plan, to prioritize funding and activities in terms of their scientific urgency. ``(2) Coordination.--In implementing, reviewing, and prioritizing elements of the plan described under paragraph (1), the Director of the Office of AIDS Research shall coordinate with-- ``(A) other Federal agencies, including the Director of the Centers for Disease Control and Prevention and the Administrator of the United States Agency for International Development, involved in microbicide research; ``(B) the microbicide research and development community; and ``(C) health advocates. ``(b) Expansion and Coordination of Activities.--The Director of the Office of AIDS Research, acting in coordination with relevant institutes and offices, shall expand, intensify, and coordinate the activities of all appropriate institutes and components of the National Institutes of Health with respect to research and development of microbicides to prevent the transmission of the human immunodeficiency virus (`HIV') and other sexually transmitted infections. ``(c) Microbicide Development Branch.--In carrying out subsection (b), the Director of the National Institute of Allergy and Infectious Diseases shall establish within the Division of AIDS in the Institute, a clearly defined organizational branch charged with carrying out microbicide research and development. In establishing such branch, the Director shall ensure that there are a sufficient number of employees dedicated to carrying out its mission. ``(d) Microbicide Clinical Trials.--In carrying out subsection (c), the Director of the National Institute of Allergy and Infectious Diseases shall assign priority to ensuring adequate funding and support for the Microbicide Trials Network and other programs for supporting microbicides clinical trials, with particular emphasis on implementation of trials leading to product licensure. ``(e) Reports to Congress.-- ``(1) In general.--Not later than 6 months after the date of enactment of the Microbicide Development Act, and annually thereafter, the Director of the Office of AIDS Research shall submit to the appropriate committees of Congress a report that describes the strategies being implemented by the Federal Government regarding microbicide research and development. ``(2) Contents of reports.--Each report submitted under paragraph (1) shall include-- ``(A) a description of activities with respect to microbicide research and development conducted and supported by the Federal Government; ``(B) a summary and analysis of the expenditures made by the Director of the Office of AIDS Research during the preceding year for activities with respect to microbicide-specific research and development, including basic research, preclinical product development, clinical trials, and behavioral science; and ``(C) a description and evaluation of the progress made, during the preceding year, toward the development of effective microbicides. ``(3) Appropriate committees of congress defined.--In this subsection, the term `appropriate committees of Congress' means the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each fiscal year to carry out this section.''. TITLE II--MICROBICIDE RESEARCH AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION SEC. 201. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S the following: ``SEC. 317T. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. ``(a) Development and Implementation of the Centers for Disease Control and Prevention's Microbicide Agenda.--The Director of the Centers for Disease Control and Prevention shall fully implement such Centers' microbicide agenda to support microbicide research and development. Such an agenda shall include-- ``(1) conducting laboratory research in preparation for, and support of, clinical microbicide trials; and ``(2) conducting behavioral research in preparation for, and support of, clinical microbicide trials. ``(b) Personnel.--The Centers for Disease Control and Prevention shall ensure that there are sufficient numbers of dedicated employees for carrying out the microbicide agenda under subsection (a). ``(c) Report to Congress.-- ``(1) In general.--Not later than 1 year after the date of enactment of the Microbicide Development Act, and annually thereafter, the Director of the Centers for Disease Control and Prevention shall submit to the appropriate committees of Congress, a report on the strategies being implemented by the Centers for Disease Control and Prevention with respect to microbicide research and development. Such report shall be submitted alone or as part of the overall Federal strategic plan on microbicides compiled annually by the National Institutes of Health Office of AIDS Research as required under section 2351A. ``(2) Contents of report.--Such report shall include-- ``(A) a description of activities with respect to microbicides conducted or supported by the Director of the Centers for Disease Control and Prevention; ``(B) a summary and analysis of the expenditures made by such Director during the preceding year, for activities with respect to microbicide-specific research and development, including the number of employees of such Centers involved in such activities; and ``(C) a description and evaluation of the progress made, during the preceding year, toward the development of effective microbicides. ``(3) Appropriate committees of congress defined.--For the purposes of this subsection, the term `appropriate committees of Congress' means the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each fiscal year to carry out this section.''. TITLE III--MICROBICIDE RESEARCH AND DEVELOPMENT AT THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT SEC. 301. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. Section 104A of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2) is amended by adding at the end the following new subsection: ``(h) Microbicides for Preventing Transmission of HIV/AIDS and Other Diseases.-- ``(1) Development and implementation of the microbicide agenda.--The President shall direct the head of the Office of HIV/AIDS of the United States Agency for International Development, in conjunction with other offices of such Agency, to develop and implement a program to support the development of microbicides for the prevention of the transmission of HIV/ AIDS and other diseases, and facilitate wide-scale availability of such products after such development. ``(2) Staffing.--The head of the Office of HIV/AIDS shall ensure that the Agency has a sufficient number of dedicated employees to carry out the microbicide agenda. ``(3) Reports to congress.-- ``(A) In general.--Not later than one year after the date of enactment of the Microbicide Development Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the activities of the Agency to carry out the microbicide agenda and on any other activities carried out by the Agency related to microbicide research and development. ``(B) Contents of report.--Each report submitted under subparagraph (A) shall include-- ``(i) a description of activities with respect to microbicides conducted or supported by the Agency; ``(ii) a summary and analysis of the expenditures made by the Agency during the preceding year for activities with respect to microbicide-specific research and development, including the number of employees of the Agency who are involved in such activities; and ``(iii) a description and evaluation of the progress made during the preceding year toward the development of effective microbicides, including activities in support of eventual product access. ``(C) Consultation.--The President shall consult with the Director of the Office of AIDS Research of the National Institutes of Health in preparing the report required under subparagraph (A). ``(D) Appropriate congressional committees defined.--In this paragraph, the term `appropriate congressional committees' means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. ``(4) Authorization of appropriations.--There are authorized to be appropriated to the Agency such sums as may be necessary for each fiscal year to carry out this subsection.''.

Microbicide Development Act - Amends the Public Health Service Act to require the Director of the Office of AIDS Research to: (1) expedite the implementation of the federal strategic plan for the conduct and support of microbicide research and development; and (2) expand, intensify, and coordinate all activities with respect to research and development of microbicides to prevent the transmission of HIV and other sexually transmitted diseases. Requires the Director of the National Institute of Allergy and Infectious Diseases to: (1) establish within the Division of AIDS an organizational branch to carry out microbicide research and development; and (2) assign priority to ensuring adequate funding and support for the Microbicide Trials Network and other programs for supporting microbicides clinical trials. Requires the Director of the Centers for Disease Control and Prevention (CDC) to fully implement the CDC's microbicide agenda to support microbicide research and development. Requires the President to direct the head of the Office of HIV/AIDS of the U.S. Agency for International Development (USAID) to develop and implement a program to support the development of microbicides products for the prevention of the transmission of HIV/AIDS and other diseases and facilitate wide-scale availability of such products.

To amend the Public Health Service Act with respect to facilitating the development of microbicides for preventing transmission of HIV/AIDS and other diseases, and for other purposes.

SECTION 1. TREATMENT OF BONDS ISSUED TO FINANCE ELECTRIC OUTPUT FACILITIES. (a) In General.--Section 141 of the Internal Revenue Code of 1986 (relating to private activity bond; qualified bond) is amended by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following new subsection: ``(e) Bonds for Electric Output Facilities.-- ``(1) Bonds issued before enactment of comprehensive electricity competition act.-- ``(A) In general.--The determination of whether any pre-effective date electric output facility bond is a private activity bond (or an industrial development bond under the Internal Revenue Code of 1954), shall be made without regard to any permissible competitive actions taken by the issuer. ``(B) Pre-effective date electric output facility bond.--For purposes of subparagraph (A), the term `pre- effective date electric output facility bond' means any bond issued as part of an issue if-- ``(i) such bond was issued before the date of the enactment of the Comprehensive Electricity Competition Act, ``(ii) any portion of the proceeds of such issue was used with respect to an electric output facility, and ``(iii) such bond was not, as of such date of enactment, a private activity bond (or an industrial development bond under the Internal Revenue Code of 1954). ``(C) Permissible competitive actions.--For purposes of subparagraph (A), the term `permissible competitive actions' means any action taken by the issuer on or after the date of the enactment of the Comprehensive Electricity Competition Act regarding-- ``(i) transmission property owned by the issuer if the issuer is subject to an order of the Federal Energy Regulatory Commission requiring nondiscriminatory, open access to transmission facilities in a manner consistent with rules promulgated by the Commission under sections 205 and 206 of the Federal Power Act (as in effect on the date of the enactment of the Comprehensive Electricity Competition Act), or ``(ii) generation property or distribution property owned by the issuer if the issuer-- ``(I) implements retail competition under section 609 of the Public Utility Regulatory Policies Act of 1978 (as amended by, and as in effect on the date of the enactment of, the Comprehensive Electricity Competition Act), or ``(II) enters into a contract for the sale of electricity or use of its distribution property which will not become effective prior to the date that the issuer implements retail competition under section 609 of the Public Utility Regulatory Policies Act of 1978 (as amended by, and as in effect on the date of the enactment of, the Comprehensive Electricity Competition Act). ``(D) Comprehensive electricity competition act.-- For purposes of this paragraph, references to the Comprehensive Electricity Competition Act shall be treated as references to any law which is substantially identical to S. 2287 of the 105th Congress, as introduced. ``(2) Bonds issued on or after enactment of comprehensive electricity competition act.-- ``(A) In general.--For purposes of this title, the term `private activity bond' includes any bond issued as part of an issue any of the proceeds of which are to be used (directly or indirectly) for electric output facilities other than small distribution property. ``(B) Small distribution property.--For purposes of subparagraph (A), the term `small distribution property' means any output facility, including functionally related and subordinate property, that operates at 69 kilovolts or less.''. (b) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendment made by this section shall apply to obligations issued on or after the date of the enactment of the Comprehensive Electricity Competition Act (within the meaning of section 141(e)(1)(D) of the Internal Revenue Code of 1986, as added by this section). (2) Treatment of pre-effective date bonds.--Section 141(e)(1) of such Code, as added by this section, shall take effect on the date of the enactment of this Act. (3) Refunding bonds.-- (A) In general.--For purposes of this subsection and the amendment made by this section, section 141(e)(2) of the Internal Revenue Code of 1986, as added by this section, shall not apply to any qualified refunding bond. (B) Qualified refunding bond.--For purposes of subparagraph (A), the term ``qualified refunding bond'' means any bond (or a bond which is part of a series of refundings) issued to refund a pre-effective date electric output facility bond if-- (i) the weighted average maturity of the issue of which the refunding bond is a part does not exceed 120 percent of the average reasonably expected economic life of the facilities being financed with the net proceeds of such issue (determined under section 147(b) of such Code), (ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (iii) the net proceeds of the refunding bond are used to redeem the refunded bond not later than 90 days after the date of issuance of the refunding bond. SEC. 2. NUCLEAR DECOMMISSIONING COSTS. (a) In General.--Subsection (b) of section 468A of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Limitation on Amount Paid Into Fund.--The amount which a taxpayer may pay into the Fund for any taxable year shall not exceed the ruling amount applicable to such taxable year.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code concerning: (1) the treatment of bonds issued to finance electric output facilities; and (2) the special rules for nuclear decommissioning costs.

To amend the Internal Revenue Code of 1986 to provide for the treatment of bonds issued to finance electric output facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heart Disease Education, Analysis, Research, and Treatment for Women Act'' or the ``HEART for Women Act''. SEC. 2. REPORTING OF DATA IN APPLICATIONS FOR DRUGS, BIOLOGICS, AND DEVICES. (a) In General.--The Comptroller General of the United States shall conduct a study investigating the extent to which sponsors of clinical studies of investigational drugs, biologics, and devices and sponsors of applications for approval or licensure of new drugs, biologics, and devices comply with Food and Drug Administration requirements and follow guidance for presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups. (b) Report by GAO.-- (1) Submission.--Not later than 12 months after the date of the enactment of this Act, the Comptroller General shall complete the study under subsection (a) and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of such study. (2) Contents.--The report required by paragraph (1) shall include each of the following: (A) A description of the extent to which the Food and Drug Administration assists sponsors in complying with the requirements and following the guidance referred to in subsection (a). (B) A description of the effectiveness of the Food and Drug Administration's enforcement of compliance with such requirements. (C) An analysis of the extent to which females, racial and ethnic minorities, and adults of all ages are adequately represented in Food and Drug Administration-approved clinical studies (at all phases) so that product safety and effectiveness data can be evaluated by gender, age, and racial subgroup. (D) An analysis of the extent to which a summary of product safety and effectiveness data disaggregated by sex, age, and racial subgroup is readily available to the public in a timely manner by means of the product label or the Food and Drug Administration's Web site. (E) Appropriate recommendations for-- (i) modifications to the requirements and guidance referred to in subsection (a); or (ii) oversight by the Food and Drug Administration of such requirements. (c) Report by HHS.--Not later than 6 months after the submission by the Comptroller General of the report required under subsection (b), the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a response to such report, including a corrective action plan as needed to respond to the recommendations in such report. (d) Biennial Reports by the Food and Drug Administration.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter-- (1) the Director of the Office of Women's Health of the Food and Drug Administration shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that includes each of the elements described in subparagraphs (A) through (E) of subsection (b)(2), with respect to women's health; and (2) the Director of the Office of Minority Health of the Food and Drug Administration shall submit to such Committees a report that includes each of such elements, with respect to minority health. (e) Definitions.--In this section: (1) The term ``biologic'' has the meaning given to the term ``biological product'' in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (2) The term ``device'' has the meaning given to such term in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). (3) The term ``drug'' has the meaning given to such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)). SEC. 3. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH CARDIOVASCULAR DISEASES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-6. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH CARDIOVASCULAR DISEASES. ``Not later than September 30, 2014, and annually thereafter, the Secretary of Health and Human Services shall prepare and submit to the Congress a report on the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases. The report shall contain recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women.''. SEC. 4. EXTENSION OF WISEWOMAN PROGRAM. Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a) is amended-- (1) in subsection (a)-- (A) by striking the heading and inserting ``In General.--''; and (B) in the matter preceding paragraph (1), by striking ``may make grants'' and all that follows through ``purpose'' and inserting the following: ``may make grants to such States for the purpose''; (2) in subsection (d)(1), by striking ``there are authorized'' and all that follows through the period and inserting ``there are authorized to be appropriated $23,000,000 for fiscal year 2012, $25,300,000 for fiscal year 2013, $27,800,000 for fiscal year 2014, $30,800,000 for fiscal year 2015, and $34,000,000 for fiscal year 2016.''; and (3) by adding at the end the following new subsection: ``(e) Study.-- ``(1) The Secretary shall (directly or through grants or contracts) conduct a study of the impact of the Patient Protection and Affordable Care Act on the preventive health services, referrals, and follow-up services described in subsection (a). ``(2) Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Health, Education, Labor, and Pensions of the Senate a report containing the results of the study under paragraph (1) and recommendations for improving the provision of preventive health services, referrals, and follow-up services described in paragraph (1) to women eligible for such services under grants funded under this section.''.

Heart Disease Education, Analysis, Research, and Treatment for Women Act or the HEART for Women Act - Directs the Comptroller General to report on whether the presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups complies with Food and Drug Administration (FDA) requirements. Requires the Secretary of Health and Human Services (HHS) to submit a response to such report, including a corrective action plan as needed. Requires the Director of the Office of Women's Health of FDA to report on the compliance of clinical studies of women's health with such FDA requirements, including requirements regarding: (1) the adequacy of representation of females, racial and ethnic minorities, and adults of all ages in approved clinical studies; and (2) the extent to which a summary of product safety and effectiveness data disaggregated by sex, age, and racial subgroup is available to the public. Requires the Director of the Office of Minority Health of FDA to submit a report that includes such information with respect to clinical studies of minority health. Amends the Public Health Service Act to require the Secretary to report on the quality of, and access to, care for women with heart disease, stroke, and other cardiovascular diseases and to include recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women. Reauthorizes a program to award grants for preventive heath services and referrals for medical treatment for women through entities that are screening women for breast or cervical cancer. Requires the Secretary to study the impact of the Patient Protection and Affordable Care Act on such services and make recommendations for improvement in the provision of preventive health services, referrals, and followup services to women eligible for such services.

To amend the Public Health Service Act to improve women's health by prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women, and for other purposes.

SECTION. 1. SHORT TITLE. This Act may be referred to as the ``Small Business Emancipation Act of 1996''. SEC. 2. DEFINITION. For purposes of this Act the term small-business concern has the meaning given such term in section 3(a)(1) of the Small Business Act (15 U.S.C. 632(a)(1)). TITLE I--LABOR PROVISIONS SEC. 101. SIMPLIFICATION OF EMPLOYEE'S ``REGULAR RATE'' FOR PURPOSES OF CALCULATING OVERTIME COMPENSATION. Notwithstanding 7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)), the ``regular rate'' at which an employee of a small- business concern is employed shall not be deemed to include sums paid in recognition of services performed during a given period if the payments are made to reward an employee or group of employees for meeting or exceeding the productivity, quality, efficiency, or sales goals as specified in a gainsharing, incentive bonus, commission, or performance contingent bonus plan. SEC. 102. COMPENSATORY TIME. Notwithstanding section 7(o) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(o))-- (1) An employee of a small-business concern may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than 1\1/2\ hours for each hour of employment for which overtime compensation is required by this subsection. (2) An employer may provide compensatory time under paragraph (1) only pursuant to-- (A) applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other agreement between the employer and representative of such employees; or (B) in the case of employees not covered by subparagraph (A), an agreement or understanding arrived at between the employer and employee before the performance of the work. (3) An employee may accrue not more than 240 hours of compensatory time. Not later than January 31 of each calendar year, the employee's employer shall provide monetary compensation for any compensatory time off accrued during the preceding calendar year which was not used prior to December 31 of the preceding year at a rate not less than 1\1/2\ times the regular rate earned by the employee at the time the employee receives such payment. An employer may designate and communicate to the employer's employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12- month period. (4) An employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon termination of employment, be paid for the unused compensatory time at a rate of compensation not less than-- (A) the average regular rate received by such employee during the last 3 years of the employee's employment, or (B) the final regular rate received by such employee, whichever is higher. (5) An employee-- (A) who has accrued compensatory time off authorized to be provided under paragraph (1), and (B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer. (6) For purposes of this subsection the terms ``compensatory time'' and ``compensatory time off'' mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee's regular rate. SEC. 103. FLEXIBLE AND COMPRESSED SCHEDULES. (a) Compressed Schedules.--Notwithstanding any other provision of law, a small-business concern employer may establish programs that allow the use of a compressed schedule that consists of-- (1) in the case of a schedule of a full-time employee, a 160-hour basic work requirement, over a 4-week period, that is scheduled for less than 20 workdays; and (2) in the case of a schedule of a part-time employee, a basic work requirement of less than 160 hours, over a 4-week period, that is scheduled for less than 20 workdays. (b) Flexible Schedules.--Notwithstanding any other provision of law, a small-business concern employer may establish programs that allow the use of flexible schedules that include-- (1) designated hours and days during which an employee on such a schedule must be present for work; and (2) designated hours during which an employee on such a schedule may elect the time of the arrival of such employee at and departure of such employee from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday. SEC. 104. SMALL-BUSINESS CONCERN AUDIT EXEMPTION. Notwithstanding any other provision of law, a small-business concern shall not be required to disclose any information obtained through a voluntary internal audit to any regulatory agency. SEC. 105. EXEMPTION FROM THE DAVIS-BACON ACT. The provisions of the Act of March 3, 1931 (40 U.S.C. 276a et seq.) (commonly referred to as the Davis-Bacon Act) shall not apply to any laborers or mechanics employed by small-business concerns. SEC. 106. OCCUPATIONAL SAFETY AND HEALTH STANDARDS. (a) Standard Basis.--Section 6(b) of the Occupational Safety and Health Act (29 U.S.C. 655(b)) is amended by inserting after paragraph (8) the following: ``(9) In establishing standards under this section, the Secretary shall consider and make findings concerning whether there is a reasonable relationship between the costs and benefits of the standard, and the particular effects of the standard on small-business concerns.''. (b) Violations.--Section 17 of the Occupational Safety and Health Act (29 U.S.C. 666) is amended by redesignating subsection (l) as subsection (m) inserting after subsection (k) the following: ``(l) In the case of any small-business concern employer who received a citation for a violation of the requirements of section 5, any standard, rule, or order promulgated pursuant to section 6 or of any regulations prescribed under this Act, the Secretary shall waive up to 100 percent of such penalty to the extent that the employer uses the amount which would have been paid as penalty for correction of the violation. This subsection shall apply where ``(1) the employer has made a good faith effort to comply with applicable regulation, and ``(2) the violation does not constitute a significant threat to an employee's health or safety or is not a criminal violation.''. (c) Employee Participation.--The Occupational Safety and Health Act (29 U.S.C. 651 et seq.) is amended by adding at the end the following: ``employee participation ``Sec. 33. In order to carry out the purposes of this Act to encourage employers and employees in their efforts to reduce the number of occupational safety and health hazards, an employee participation committee or other mechanism-- ``(1) in which employees participate, ``(2) which exists for the purpose, in whole or in part, of dealing with employees concerning the safety or health of working conditions or related matters, and ``(3) which does not have, claim, or seek authority to negotiate or enter into collective bargaining agreements with an employer or to amend existing collective bargaining agreements between and employer and any labor organization, shall not constitute a `labor organization' for purposes of section 8(a)(2) of the National Labor Relations Act or a representative for purposes of sections 1 and 2 of the Railway Labor Act.''. (d) Small Business Assistance and Training.--The Occupational Safety and Health Act, as amended by paragraph (3), is amended by adding after section 33 the following: ``small business assistance and training ``Sec. 34. (a) The Secretary shall establish and implement a program to provide technical assistance and consultative services for employers and employees, either directly or by grant or contract, concerning worksite safety and health and compliance with this Act. Such assistance shall be targeted at small employers and the most hazardous industries. ``(b) This subsection authorizes the consultative services to employers provided under cooperative agreements between the States and the Occupational Safety and Health Administration and described in part 1908 of title 39 of the Code of Federal Regulations. ``(c) Not less than one-fourth of the annual appropriation made to the Secretary to carry out this Act shall be expended for the purposes described in this section.''. (e) Voluntary Protection Program Award.--The Occupational Safety and Health Act, as amended by paragraph (4), is amended by adding after section 34 the following: ``voluntary protection program award ``Sec. 35. (a) The Secretary shall establish an award which shall periodically be made to small-business concerns which have implemented particularly effective approaches to addressing occupational safety and health in the workplace, including those which provide for effective employee involvement in improving safety and health and which are as a consequence deserving of special recognition. ``(b) A company or organization to which an award is made under subsection (a) and which agrees to help other American companies or organizations improve their occupational safety and health may publicize its receipt of such award and use the award in its advertising, but it shall be ineligible to receive another such award in the same category for a period of 5 years. ``(c)(1) Subject to paragraph (2), separate awards shall be made to qualifying organizations and companies in each of the following categories-- ``(A) manufacturing; ``(B) agricultural; ``(C) concerns providing services; ``(D) retail; and ``(E) construction. ``(2) Not more than 1 award may be made within any subcategory in any year (and no award shall be made within any category if there are no qualifying enterprises in that category. ``(d) An organization or company may qualify for an award under subsection (a) only if it-- ``(1) applies to the Secretary in writing, for the award, ``(2) permits a rigorous evaluation of its occupational safety and health operations, and ``(3) meets such requirements and specifications as the Secretary determines to be appropriate to achieve the objectives of this section. In applying paragraph (3) with respect to any organization or company, the Secretary shall rely upon an intensive evaluation of the occupational safety and health operation. The examination should encompass all aspects of the organization's or company's current occupational safety and health practice. The award shall be given only to organizations and companies which have made outstanding improvements in their occupational safety and health practices and which demonstrate effective occupational safety and health practices through the training and involvement of all levels of personnel. ``(e) The Secretary shall ensure that all program participants receive the complete results of their audits as well as detailed explanations of all suggestions for improvements. The Secretary shall also provide information about the awards and the successful quality improvement strategies and programs of the award-winning participants to all participants and other appropriate groups. ``(f) The Secretary is authorized to seek and accept gifts from public and private sources to carry out the program under this section. If additional sums are needed to cover the full cost of the program, the Secretary shall impose fees upon the organizations and companies applying for the award in amounts sufficient to provide such additional sums. ``(g) The Secretary shall prepare and submit to the President and the Congress, within 3 years after the date of the enactment of this section, a report on the progress, findings, and conclusions of activities conducted pursuant to this section along with recommendations for possible modifications thereof.''. SEC. 107. PROHIBITION OF PREFERENTIAL TREATMENT. (a) It shall be an unlawful employment practice for any small business concern employer to grant preferential treatment to any individual or group with respect to selection for, discharge from, compensation for, or the terms, conditions, or privileges of, employment or union membership, on the basis of the race, color, religion, sex, or national origin of such individual or group, for any purpose, except as provided in subsection (b). (b) It shall not be unlawful employment practice for an entity described in subsection (a) to undertake affirmative action designed to recruit individuals of an underrepresented race, color, religion, sex, or national origin, to expand the applicant pool of the individuals seeking employment or union membership with the entity. (c) Nothing in the amendments made by this subsection shall be construed to affect the authority of courts to remedy intentional discrimination under section 706(g) of the Civil Rights Act of 1964 (Public Law 88-352). TITLE II--TAX PROVISIONS SEC. 201. EXCLUSION FROM GROSS ESTATE OF INTERESTS IN CERTAIN SMALL BUSINESSES. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by adding at the end the following new section: ``SEC. 2047. EXCLUSION OF QUALIFIED SMALL BUSINESS INTERESTS. ``(a) In General.--If the executor elects the application of this section, the value of the gross estate shall not include the value of the qualified small business interests of the decedent which are otherwise includible in the estate. ``(b) Qualified Small Business Interest.--For purposes of this section-- ``(1) In general.--The term `qualified small business interest' means-- ``(A) an interest as a proprietor in a small- business concern which is a trade or business carried on as a proprietorship, or ``(B) an interest as a partner in a small-business concern which is a partnership, or stock in a small- business concern which is a corporation, carrying on a trade or business, if more than 50 percent of such partnership or corporation (by vote or value) is owned by the decedent. ``(2) Small-business concern.--For purposes of this subsection, the term `small-business concern' has the meaning given such term in section 3(a)(1) of the Small Business Act. ``(3) Indirect ownership.--For purposes of determining ownership under paragraph (1), the rules of section 318 shall apply. ``(4) Limitation to small-business concerns in united states.--The term `qualified small business interest' shall not include any interest in a small-business concern the principal place of business of which is not in the United States or its possessions.'' (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 of such Code is amended by adding at the end the following new item: ``Sec. 2047. Exclusion of qualified small business interests.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act. SEC. 202. EXCLUSION OF 401(k) PLANS FROM TOP-HEAVY RULES. (a) In General.--Paragraph (4) of section 416(g) of the Internal Revenue Code of 1986 (relating to special rules for top-heavy plans) is amended by adding at the end the following new subparagraph: ``(H) 401(k) plans.--The term `top heavy plan' shall not include a qualified cash or deferred arrangement, as defined in section 401(k).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to plan years ending after the date of the enactment of this Act. SEC. 203. NO DISQUALIFICATION BY REASON OF GOOD FAITH ADMINISTRATIVE ERROR. (a) In General.--Section 401 of the Internal Revenue Code of 1986 (relating to qualified pension, profit-sharing, and stock bonus plans) is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) No Disqualification By Reason of Good Faith Administrative Error.-- ``(1) In general.--A trust shall not be disqualified for purposes of this part by reason of a good faith administrative error which is-- ``(A) de minimis, or ``(B) inadvertent, if such error is corrected within a reasonable period of time after the employer is notified (by the Secretary or by any other person) of the error. ``(2) Inadvertent.--For purposes of paragraph (1), an error shall be treated as inadvertent if made without knowledge or reason to know of the error.'' (b) Report on Definitions.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the Congress a report setting forth the proposed interpretation by the Secretary of the terms ``good faith administrative error'' and ``de minimis'' for purposes of subsection (o) of section 401 of the Internal Revenue Code of 1986, as added by this section. (c) Effective Date.--The amendment made by subsection (a) shall apply to plan years ending after the date of the enactment of this Act.

TABLE OF CONTENTS: Title I: Labor Provisions Title II: Tax Provisions Small Business Emancipation Act of 1996 - Title I: Labor Provisions - States that the "regular rate" at which a small business employee (SBE) is employed shall not include sums paid under a performance plan as a reward for meeting or exceeding productivity, quality, efficiency, or sales goals. Authorizes an SBE to receive, in lieu of overtime compensation, compensatory time off at a rate of not less than one and one-half hours off for each hour of employment for which overtime compensation would have been paid. Limits the annual accrual of compensatory time to 240 hours. Provides for the payment of unused compensatory time upon termination. (Sec. 103) Authorizes a small business employer to establish compressed and flexible work schedules. (Sec. 104) States that a small business shall not be required to disclose to any regulatory agency any information obtained through a voluntary internal audit. (Sec. 105) Exempts laborers or mechanics employed by a small business from the provisions of the Davis-Bacon Act. (Sec. 106) Amends the Occupational Safety and Health Act (the Act) to: (1) direct the Secretary of Labor, in establishing occupational safety and health (OSH) standards, to consider the relationship between the costs and benefits of a standard and its effect on small businesses; (2) authorize the Secretary to waive up to 100 percent of an OSH violation penalty to be paid by a small business to the extent that the employer uses the amount to correct the violation; and (3) provide that an employee participation committee formed to attempt to reduce the number of OSH hazards shall not be considered a "labor organization" for purposes of specified labor representation provisions. Directs the Secretary to: (1) establish and implement a program to provide technical assistance and consultative services for small business employers and employees concerning worksite OSH and compliance with the Act; (2) establish an award to be periodically made to small businesses which have implemented effective approaches to addressing OSH in the workplace; and (3) prepare and submit to the President and the Congress a report on the progress, findings, and conclusions of activities conducted under this section, along with recommendations for modifications. (Sec. 107) Prohibits a small business employer from granting preferential treatment to any individual or group on the basis of race, color, religion, sex, or national origin. Title II: Tax Provisions - Amends the Internal Revenue Code to: (1) exclude from the gross estate the value of a qualified small business interest of a decedent; (2) exclude a qualified cash or deferred arrangement from the definition of a "top heavy plan"; and (3) provide that a trust shall not be disqualified from consideration as a qualified pension, profit-sharing, or stock-bonus plan by reason of a good faith administrative error.

Small Business Emancipation Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Labeling Promotion Act of 2012''. SEC. 2. ACCESSIBILITY OF INFORMATION IN PRESCRIPTION DRUG LABELING BY VISUALLY-IMPAIRED AND BLIND CONSUMERS. (a) Establishment of Working Group.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a working group (in this section referred to as the ``working group'') to develop and promulgate guidance constituting best practices on access to prescription drug labeling for the visually impaired. (2) Members.--The working group shall include representatives of national organizations representing blind and visually impaired individuals, national organizations representing the elderly, and industry groups representing stakeholders, including pharmacists, who would be impacted by such best practices. Representation within the working group shall be divided equally between consumer and industry advocates. (3) Guidance on best practices.--The working group shall promulgate, not later than 1 year after the date of the enactment of this Act, guidance on best practices for pharmacies to ensure that blind and visually impaired individuals have safe, consistent, reliable, and independent access to the information in the labeling of prescription drugs. Such guidance shall be made available through publication in the Federal Register and posting on the Web site of the Food and Drug Administration. (4) Considerations.--In developing and promulgating such guidance on best practices, the working group shall consider-- (A) the use of-- (i) Braille; (ii) auditory means, such as-- (I) ``talking bottles'' that provide audible label information; (II) digital voice recorders attached to the prescription drug container; and (III) radio frequency identification (RFID) tags; and (iii) enhanced visual means, such as-- (I) large font labels or large font ``duplicate'' labels that are affixed or matched to a prescription drug container; (II) high-contrast printing; and (III) sans-serf font; (B) whether there are technical, financial, manpower, or other factors unique to pharmacies with 20 or fewer retail locations which may fundamentally impact the ability of such pharmacies to implement the best practices; and (C) such other factors as the working group determines to be appropriate. (5) Information campaign.--Upon the promulgation of the guidance on best practices, the Commissioner of Food and Drugs, in consultation with the working group, shall conduct an informational and educational program designed to inform the public and pharmacists about such guidance and practices. (6) FACA waiver.--The Federal Advisory Committee Act shall not apply to the working group. (b) GAO Study.-- (1) In general.--Beginning 18 months after the publication of the guidance on best practices under subsection (a), the Comptroller General of the United States shall conduct a review of such guidance, the extent to which pharmacies are complying with such best practices, and the extent to which barriers to accessible prescription drug labeling for blind and visually- impaired individuals continue. (2) Report.--Not later than September 30, 2016, the Comptroller General shall submit to Congress a report on the review conducted under paragraph (1). Such report shall include recommendations for how best to reduce the barriers blind and visually-impaired individuals have to access prescription drug labeling. (c) Definitions.--In this section: (1) The term ``pharmacy'' includes a pharmacy that receives prescriptions, and dispenses prescription drugs, through an Internet Web site. (2) The term ``prescription drug'' means a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).

Prescription Drug Labeling Promotion Act of 2012 - Directs the Secretary of Health and Human Services (HHS) to establish a working group to develop best practices on access to prescription drug labeling for the visually impaired. Requires the working group to: (1) include equal representation of consumer and industry advocates; (2) promulgate guidance on best practices for pharmacies to ensure that blind and visually impaired individuals have safe, consistent, reliable, and independent access to the information in the labeling of prescription drugs; (3) consider the use of Braille, specified auditory means, and enhanced visual means to provide such access; and (4) consider whether there are technical, financial, manpower, or other factors that may fundamentally impact the ability of pharmacies with 20 or fewer retail locations to implement the best practices. Directs the Commissioner of Food and Drugs (FDA) to conduct an informational and educational program to inform the public and pharmacists about such guidance and practices. Directs the Comptroller General: (1) 18 months after such guidance and practices are published, to review pharmacy compliance and the extent to which access barriers continue; and (2) by September 30, 2016, to report on such review, including recommendations for reducing such barriers.

To provide for the development and dissemination of best practices to ensure that visually-impaired and blind individuals in the United States have safe, consistent, reliable, and independent access to the information in prescription drug labeling.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Promoting Access to Medicare Midwifery Services Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Medicare payment for certified midwife services. Sec. 3. Increased medicare payments for certified nurse-midwife services and certified midwife services. Sec. 4. Clarification of hospital conditions of participation with respect to certified nurse-midwives and certified midwives. Sec. 5. Medicare payment for freestanding birth center services. Sec. 6. Clarification of billing rights of certified nurse-midwives and certified midwives. Sec. 7. Clarification regarding payments for certified nurse-midwife services and certified midwife services furnished in teaching hospitals. Sec. 8. Interim and final regulations. SEC. 2. MEDICARE PAYMENT FOR CERTIFIED MIDWIFE SERVICES. (a) Certified Midwife and Certified Midwife Services Defined.-- Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is amended-- (1) in paragraph (1)-- (A) by striking ``(as defined in paragraph (2))'' and inserting ``(as defined in subparagraph (B))''; and (B) by inserting ``(A)'' after ``(1)''; (2) by redesignating paragraph (2) as subparagraph (B); and (3) by adding at the end the following new paragraph: ``(2)(A) The term `certified midwife services' means such services furnished by a certified midwife (as defined in subparagraph (B)) and such services and supplies furnished as an incident to the certified midwife's service which the certified midwife is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) as would otherwise be payable under this title if furnished by a physician or as an incident to a physician's service. ``(B) The term `certified midwife' means an individual-- ``(i) with a bachelor's degree from an accredited educational institution who has completed a program of study and clinical experience meeting guidelines established by the Secretary of Education; or ``(ii) who has been certified in nurse-midwifery or midwifery by an organization recognized by the Secretary of Education.''. (b) Certified Midwife Benefit.-- (1) Scope of benefits.--Section 1832(a)(2)(B)(iii) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended by inserting ``, certified midwife services'' after ``certified nurse-midwife services''. (2) Payment of benefits.--Section 1833(a)(1)(K) of the Social Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended by inserting ``and certified midwife services'' after ``certified nurse-midwife services''. (c) Conforming Amendments.-- (1) Use of carriers for administration of benefits.-- Section 1842(b)(18)(C)(iii) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)(iii)) is amended by striking ``(as defined in section 1861(gg)(2))'' and inserting ``or a certified midwife (as defined in paragraph (1)(B) and (2)(B), respectively, of section 1861(gg))''. (2) Health care professional defined.--Section 1852(j)(3)(D) of the Social Security Act (42 U.S.C. 1395w- 22(j)(3)(D)) is amended by striking ``and certified nurse- midwife'' and inserting ``certified nurse-midwife, and certified midwife''. (3) Inpatient hospital services.--Section 1861(b)(4) of the Social Security Act (42 U.S.C. 1395x(b)(4)) is amended by inserting ``, certified midwife services,'' after ``certified nurse-midwife services''. (4) Medical and other health services.--Section 1861(s)(2)(L) of the Social Security Act (42 U.S.C. 1395x(s)(2)(L)) is amended by inserting ``and certified midwife services'' before the semicolon at the end. (5) Rural health clinic services and federally qualified health clinic services.--Section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)) is amended-- (A) in paragraph (2)(J), by striking ``, or a certified nurse-midwife (as defined in subsection (gg))'' and inserting ``, a certified nurse-midwife (as defined in subsection (gg)(1)(B)), or a certified midwife (as defined in subsection (gg)(2)(B))''; and (B) in paragraph (7)(A), by striking ``or certified nurse midwife'' and inserting ``, certified nurse- midwife, or certified midwife''. (6) Certified nurse-midwife services.--The heading of section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is amended by adding at the end the following: ``; Certified Midwife Services''. (7) Exclusions from coverage and medicare as secondary payer.--Section 1862(a)(14) of the Social Security Act (42 U.S.C. 1395y(a)(14)) is amended by inserting ``, certified midwife services'' after ``certified nurse-midwife services''. (8) Agreements with providers of services.--Section 1866(a)(1)(H)(i) (42 U.S.C. 1395cc(a)(1)(H)(i)) is amended by inserting ``, certified midwife services'' after ``certified nurse-midwife services''. (9) Exclusion from payment to skilled nursing facilities for routine service costs.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``, certified midwife services'' after ``certified nurse-midwife services''. (10) Medicaid definitions.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (A) in subsection (a)(17)-- (i) by striking ``a nurse-midwife (as defined in section 1861(gg)) which the nurse- midwife is'' and inserting ``a certified nurse- midwife or a certified midwife (as defined in paragraphs (1)(B) and (2)(B), respectively, of section 1861(gg)) which the certified nurse- midwife or certified midwife, as the case may be, is''; and (ii) by striking ``whether or not the nurse-midwife'' and inserting ``whether or not the certified nurse-midwife or certified midwife, as the case may be,''; and (B) in subsection (t)(2)(B)(ii), by striking ``(as defined in section 1861(gg))'' and inserting ``or a certified midwife (as defined in paragraphs (1)(B) and (2)(B), respectively, of section 1861(gg)(2)(B))''. (11) Medicaid managed care.--Section 1932(b)(3)(C) of the Social Security Act (42 U.S.C. 1396u-2(b)(3)(C)) is amended by striking ``and certified nurse-midwife'' and inserting ``certified nurse-midwife, and certified midwife''. (d) Effective Date.--The amendments made by this section shall apply to payment for certified nurse-midwife services and certified midwife services furnished on or after the date of enactment of this Act. SEC. 3. INCREASED MEDICARE PAYMENTS FOR CERTIFIED NURSE-MIDWIFE SERVICES AND CERTIFIED MIDWIFE SERVICES. (a) Amount of Payment.--Section 1833(a)(1)(K) of the Social Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended by striking ``65 percent of the prevailing charge that would be allowed for the same service performed by a physician, or, for services furnished on or after January 1, 1992, 65 percent'' and inserting ``95 percent''. (b) Effective Date.--The amendments made by subsection (a) shall apply to certified nurse-midwife services and certified midwife services furnished on or after the date of enactment of this Act. SEC. 4. CLARIFICATION OF HOSPITAL CONDITIONS OF PARTICIPATION WITH RESPECT TO CERTIFIED NURSE-MIDWIVES AND CERTIFIED MIDWIVES. (a) Payment to Hospital for Patients Under Care of Certified Nurse- Midwife or Certified Midwife.--Section 1861(e)(4) of the Social Security Act (42 U.S.C. 1395x(e)(4)) is amended to read as follows: ``(4) has a requirement that every patient with respect to whom payment may be made under this title must be under the care of a physician, except that-- ``(A) a patient receiving qualified psychologist services (as defined in subsection (B)) may be under the care of a clinical psychologist with respect to such services to the extent permitted under State law; and ``(B) a patient receiving certified nurse-midwife services or certified midwife services (as defined in paragraphs (1)(B) and (2)(B), respectively, of subsection (gg)) may be under the care of a certified nurse-midwife or certified midwife, as the case may be, with respect to such services to the extent permitted under State law;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act. SEC. 5. MEDICARE PAYMENT FOR FREESTANDING BIRTH CENTER SERVICES. (a) Freestanding Birth Center Services and Freestanding Birth Center Defined.--Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) (as amended by section 2(a)) is amended by adding at the end the following new paragraph: ``(3)(A) The term `freestanding birth center services' means items and services furnished by a freestanding birth center (as defined in subparagraph (B)) as would otherwise be covered if furnished by a hospital. ``(B)(i) The term `freestanding birth center' means a facility or institution-- ``(I) in which births are planned to occur (outside the mother's place of residence); ``(II) in which comprehensive health care services are furnished; and ``(III) which has been approved by the Secretary or accredited by an organization recognized by the Secretary for purposes of accrediting freestanding birth centers. ``(ii) Such term does not include-- ``(I) a rural health clinic, critical access hospital, or a sole community hospital; or ``(II) a facility or institution that is a hospital or an ambulatory surgical center, unless with respect to ambulatory surgical centers, the State law or regulation that regulates such centers also regulates freestanding birth centers in the State.''. (b) Freestanding Birth Center Benefit.-- (1) Scope of benefits.--Section 1832(a)(2) of the Social Security Act (42 U.S.C. 1395l(a)(2)) is amended-- (A) in subparagraph (I), by striking ``and'' at the end; (B) in subparagraph (J), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(K) freestanding birth center services performed in a freestanding birth center if the center has an agreement in effect with the Secretary by which the center agrees to accept the amount of payment determined under section 1833(u) as full payment for such services, and to accept assignment described in section 1842(b)(3)(B)(ii) with respect to payment for all such services furnished by the center to individuals enrolled under this part.''. (2) Payment of benefits.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: ``(u) Payment for Freestanding Birth Center Services.--The Secretary shall establish by regulation the amount of payment to be made for facility services furnished in connection with freestanding birth center services and furnished to an individual in a freestanding birth center under this title.''. (c) Conforming Amendments.-- (1) Medical and other health services.--Section 1861(s)(2)(L) of the Social Security Act (42 U.S.C. 1395x(s)(2)(L)) is amended-- (A) by adding ``and'' at the end; (B) by inserting ``(i)'' after ``(L)''; and (C) by adding at the end the following new clause: ``(ii) freestanding birth center services;''. (2) Certified nurse-midwife services; certified midwife services.--The heading of section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) (as amended by section 2(c)(6)) is amended by adding at the end the following: ``; Freestanding Birth Center Services''. (d) Effective Date.--The amendments made by this section shall apply to freestanding birth center services furnished on or after the date of enactment of this Act. SEC. 6. CLARIFICATION OF BILLING RIGHTS OF CERTIFIED NURSE-MIDWIVES AND CERTIFIED MIDWIVES. (a) Use of Carriers for Administration of Benefits.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (1) by striking ``and'' before ``(F)''; and (2) by inserting before the period at the end the following: ``, and (G) in the case of certified nurse-midwife services or certified midwife services described in section 1861(s)(2)(L), payment may be made in accordance with subparagraph (A), except that payment may also be made to such individual or entity (or to the agent of such individual or entity) as the certified nurse-midwife or certified midwife, as the case may be, may designate under an agreement between the certified nurse-midwife or certified midwife, as the case may be, and such individual or entity (or the agent of such individual or entity)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to payment for certified nurse-midwife services and certified midwife services furnished on or after the date of enactment of this Act. SEC. 7. CLARIFICATION REGARDING PAYMENTS FOR CERTIFIED NURSE-MIDWIFE SERVICES AND CERTIFIED MIDWIFE SERVICES FURNISHED IN TEACHING HOSPITALS. (a) Scope of Benefits.--Section 1832(a)(2)(B)(iii) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended-- (1) by inserting ``(I)'' after ``(iii)''; and (2) by adding at the end the following new subclause: ``(II) in the case of certified nurse- midwife services or certified midwife services furnished in a hospital which has a teaching program described in clause (i)(II), such services may be furnished as provided under sections 1842(b)(7)(E) and 1861(b)(8);''. (b) Clarification Regarding Payments Under Part B for Such Services Furnished in Teaching Hospitals.-- (1) In general.--Section 1842(b)(7) of the Social Security Act (42 U.S.C. 1395u(b)(7)) is amended-- (A) in subparagraph (A), in the matter preceding clause (i), by inserting ``or, for purposes of subparagraph (E), the conditions described in section 1861(b)(8),'' after ``section 1861(b)(7),''; (B) in subparagraph (C), by inserting ``or, for purposes of subparagraph (E), the conditions described in section 1861(b)(8),'' after ``section 1861(b)(7),''; and (C) by adding at the end the following new subparagraph: ``(E) In the case of certified nurse-midwife services or certified midwife services furnished to a patient in a hospital with a teaching program approved as specified in section 1861(b)(6) but which does not meet the conditions described in section 1861(b)(8), the provisions of subparagraphs (A) through (C) shall apply with respect to a certified nurse-midwife or a certified midwife, as the case may be, under this subparagraph as such provisions apply to a physician under such subparagraphs.''. (2) Regulations.--Not later than 6 months after the date of enactment of this Act, the Secretary shall promulgate regulations to carry out the amendments made by paragraph (1). (c) Inpatient Hospital Services.--Section 1861(b) of the Social Security Act (42 U.S.C. 1395x(b)) is amended-- (1) in paragraph (6)-- (A) by inserting ``(A)'' after ``(6)''; and (B) by adding at the end the following new subparagraph: ``(B) in the case of services in a hospital or osteopathic hospital, an intern or resident-in-training in the field of obstetrics and gynecology taught or supervised by a certified nurse-midwife or certified midwife (as defined in paragraphs (1)(B) and (2)(B), respectively, of subsection (gg)) to the extent permitted under State law and as may be authorized by the hospital;''; (2) in paragraph (7), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(8) a certified nurse-midwife or a certified midwife where the hospital has a teaching program approved as specified in paragraph (6), if-- ``(A) the hospital elects to receive any payment due under this title for reasonable costs of such services; and ``(B) all certified nurse-midwives and certified midwives in such hospital agree not to bill charges for professional services rendered in such hospital to individuals covered under the insurance program established by this title.''. SEC. 8. INTERIM AND FINAL REGULATIONS. Except with respect to the amendments made by section 7(b), in order to carry out the amendments made by this Act in a timely manner, the Secretary of Health and Human Services may first promulgate regulations that take effect on an interim basis after notice and pending opportunity for public comment by not later than 1 year after the date of enactment of this Act.

Increases Medicare payments for certified nurse-midwife and certified midwife services. Amends SSA with regard to: (1) hospital conditions of participation with respect to certified nurse-midwives and certified midwives; (2) billing rights of such practitioners; and (3) payments for the services of such practitioners furnished in teaching hospitals.

Promoting Access to Medicare Midwifery Services Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Smog Reduction Act of 1998''. SEC. 2. AMENDMENT OF CLEAN AIR ACT. Section 183 of the Clean Air Act (42 U.S.C. 7511b) is amended by adding at the end the following: ``(h) Vehicles Entering Ozone Nonattainment Areas.-- ``(1) Authority regarding ozone inspection and maintenance testing.-- ``(A) In general.--No noncommercial motor vehicle registered in a foreign country and operated by a United States citizen or by an alien who is a permanent resident of the United States, or who holds a visa for the purposes of employment or educational study in the United States, may enter a covered ozone nonattainment area from a foreign country bordering the United States and contiguous to the nonattainment area more than twice in a single calendar-month period, if State law has requirements for the inspection and maintenance of such vehicles under the applicable implementation plan in the nonattainment area. ``(B) Applicability.--Subparagraph (A) shall not apply if the operator presents documentation at the United States border entry point establishing that the vehicle has complied with such inspection and maintenance requirements as are in effect and are applicable to motor vehicles of the same type and model year. ``(2) Sanctions for violations.--The President may impose and collect from the operator of any motor vehicle who violates, or attempts to violate, paragraph (1) a civil penalty of not more than $200 for the second violation or attempted violation and $400 for the third and each subsequent violation or attempted violation. ``(3) State election.--The prohibition set forth in paragraph (1) shall not apply in any State that elects to be exempt from the prohibition. Such an election shall take effect upon the President's receipt of written notice from the Governor of the State notifying the President of such election. ``(4) Alternative approach.--The prohibition set forth in paragraph (1) shall not apply in a State, and the President may implement an alternative approach, if-- ``(A) the Governor of the State submits to the President a written description of an alternative approach to facilitate the compliance, by some or all foreign-registered motor vehicles, with the motor vehicle inspection and maintenance requirements that are-- ``(i) related to emissions of air pollutants; ``(ii) in effect under the applicable implementation plan in the covered ozone nonattainment area; and ``(iii) applicable to motor vehicles of the same types and model years as the foreign-registered motor vehicles; and ``(B) the President approves the alternative approach as facilitating compliance with the motor vehicle inspection and maintenance requirements referred to in subparagraph (A). ``(5) Definition of covered ozone nonattainment area.--In this section, the term `covered ozone nonattainment area' means a Serious Area, as classified under section 181 as of the date of the enactment of this subsection.''. SEC. 3. GENERAL PROVISIONS. (a) In General.--The amendment made by section 2 takes effect 180 days after the date of the enactment of this Act. Nothing in that amendment shall require action that is inconsistent with the obligations of the United States under any international agreement. (b) Information.--As soon as practicable after the date of the enactment of this Act, the appropriate agency of the United States shall distribute information to publicize the prohibition set forth in the amendment made by section 2. SEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE. (a) In General.--The Comptroller General of the United States shall conduct a study of the impact of the amendment made by section 2. (b) Contents of Study.--The study under subsection (a) shall compare-- (1) the potential impact of the amendment made by section 2 on air quality in ozone nonattainment areas affected by the amendment; with (2) the impact on air quality in those areas caused by the increase in the number of vehicles engaged in commerce operating in the United States and registered in, or operated from, Mexico, as a result of the implementation of the North American Free Trade Agreement. (c) Report.--Not later than July 1, 1999, the Comptroller General of the United States shall submit to the Committee on Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the findings of the study under subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Border Smog Reduction Act of 1998 - Amends the Clean Air Act to prohibit noncommercial motor vehicles registered in a foreign country and operated by U.S. citizens, aliens who are permanent residents, or holders of employment or educational visas from entering a Serious ozone nonattainment area from a foreign country bordering the United States and contiguous to such area more than twice in a single calendar-month period if State law has requirements for the inspection and maintenance of such vehicles in such an area. Makes such prohibition inapplicable to operators who present documentation at the border entry point establishing the vehicle's compliance with such requirements. Authorizes civil penalties to be imposed for violation of such prohibition. Makes such prohibition inapplicable in States which elect to be exempt. Makes such prohibition inapplicable in a State and authorizes the President to implement an alternative approach if: (1) a State Governor submits a description of an alternative approach to facilitate compliance by foreign-registered vehicles with inspection and maintenance requirements that are related to air pollutant emissions, that are in effect under the implementation plan in the area, and that apply to vehicles of the same types and model years as the foreign-registered vehicles; and (2) the President approves such approach. Requires the Comptroller General to study and report to specified congressional committees on a comparison of the potential impact of this Act on air quality in ozone nonattainment areas with the impact in those areas of the increase in vehicles engaged in commerce operating in the United States and registered in, or operated from, Mexico, as a result of the implementation of the North American Free Trade Agreement.

Border Smog Reduction Act of 1998

SECTION 1. IMPOSITION OF CARBON TAX ON PRIMARY FOSSIL FUELS. (a) General Rule.--Chapter 38 of the Internal Revenue Code of 1986 (relating to environmental taxes) is amended by adding at the end thereof the following new subchapter: ``Subchapter E--Carbon Tax on Primary Fossil Fuels ``Sec. 4691. Tax on coal. ``Sec. 4692. Tax on petroleum. ``Sec. 4693. Tax on natural gas. ``Sec. 4694. Inflation adjustments. ``SEC. 4691. TAX ON COAL. ``(a) General Rule.--There is hereby imposed a tax at the rate specified in subsection (b) on coal sold by the producer or importer thereof. ``(b) Rate of Tax.-- ``(1) In general.--Except as provided in paragraph (2), the rate of the tax imposed by subsection (a) shall be $18 per ton. ``(2) Phase-in.-- The rate of the tax imposed by subsection Effective during (a) shall be the fol- calendar year: lowing amount per ton: 1994................................. $3.60 1995................................. $7.20 1996................................. $10.80 1997................................. $14.40 ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Coal to include lignite.--The term `coal' includes lignite. ``(2) Ton.--The term `ton' means 2,000 pounds. ``(3) Use treated as sale.--If the producer or importer of any coal uses such coal, such producer or importer shall be liable for tax under this section in the same manner as if such coal were sold by such producer or importer. ``SEC. 4692. TAX ON PETROLEUM. ``(a) General Rule.--There is hereby imposed a tax at the rate specified in subsection (c) on any petroleum with respect to which there is a taxable event. ``(b) Taxable Event.--For purposes of this section, the term `taxable event' means any event which would result in tax being imposed under section 4611 if-- ``(1) such section were applied without regard to subsections (b)(2), (e), and (f) thereof, and ``(2) section 4612(b) were applied by substituting `section 4692' for `section 4611'. ``(c) Amount of Tax.-- ``(1) In general.--Except as provided in paragraph (2), the rate of the tax imposed by subsection (a) shall be $3.90 per barrel. ``(2) Phase-in.-- The rate of the tax imposed by subsection Effective during (a) shall be the fol- calendar year: lowing amount per barrel: 1994................................. $.78 1995................................. $1.56 1996................................. $2.34 1997................................. $3.12 ``(d) Person Liable for Tax.--The person required to pay the tax imposed by this section on any petroleum shall be determined under the principles of section 4611(d). ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Petroleum.--The term `petroleum' means any petroleum product including crude oil. ``(2) Barrel.--The term `barrel' means 42 United States gallons. ``(3) Fraction of barrel.--In the case of a fraction of a barrel, the tax imposed by this section shall be the same fraction of the amount of such tax imposed on a whole barrel. ``(4) Certain rules made applicable.--Rules similar to the rules of subsections (c) and (e) of section 4612 shall apply to the tax imposed by this section. ``SEC. 4693. TAX ON NATURAL GAS. ``(a) General Rule.--There is hereby imposed a tax at the rate specified in subsection (c) on-- ``(1) natural gas received at a United States pipeline facility, and ``(2) natural gas entered into the United States for consumption, use, or warehousing. ``(b) Tax on Certain Uses, Etc.-- ``(1) In general.--If-- ``(A) any domestic natural gas is used in or exported from the United States, and ``(B) before such use or exportation, no tax was imposed on such natural gas under subsection (a), then a tax at the rate specified in subsection (c) is hereby imposed on such natural gas. ``(2) Exception for certain uses on premises where produced.--Paragraph (1) shall not apply to any use of natural gas for extracting oil or natural gas on the premises where such natural gas was produced. The preceding sentence shall not apply to any use involving the combustion of the natural gas. ``(c) Rate of Tax.-- ``(1) In general.--Except as provided in paragraph (2), the rate of the taxes imposed by this section shall be 48 cents per MCF. ``(2) Phase-in.-- The rate of the taxes imposed by subsection (a) Effective during shall be the fol- calendar year lowing amount per MCF 1994................................. $.096 1995................................. $.192 1996................................. $.288 1997................................. $.384 ``(d) Persons Liable for Tax.-- ``(1) Receipt at pipeline.--The tax imposed by subsection (a)(1) shall be paid by the operator of the United States pipeline facility. ``(2) Importation.--The tax imposed by subsection (a)(2) shall be paid by the person entering the natural gas for consumption, use, or warehousing. ``(3) Tax on use or exports.--The tax imposed by subsection (b) shall be paid by the person using or exporting the natural gas, as the case may be. ``(e) Definitions.--For purposes of this section-- ``(1) Natural gas.--The term `natural gas' includes any natural gas liquid which is not treated as petroleum for purposes of the tax imposed by section 4692. ``(2) Domestic natural gas.--The term `domestic natural gas' means any natural gas produced from a well located in the United States. ``(3) United states pipeline facility.--The term `United States pipeline facility' means any pipeline in the United States used for purposes of transporting natural gas (other than a pipeline which is part of a gathering system). ``(4) MCF.--The term `MCF' means 1,000 cubic feet. ``(5) Other definitions.--The terms `United States' and `premises' have the respective meanings given such terms by section 4612(a). ``(6) Fractional part of mcf.--In the case of a fraction of an MCF, the tax imposed by this section shall be the same fraction of the amount of such tax imposed on a whole MCF. ``(7) Certain rules made applicable.--Rules similar to the rules of subsections (b), (c), and (e) of section 4612 shall apply to the tax imposed by this section. ``SEC. 4694. INFLATION ADJUSTMENTS. ``(a) General Rule.--Each rate of tax which would otherwise be in effect under this subchapter during any calendar year after 1994 shall be increased by the percentage (if any) by which-- ``(1) the CPI for the preceding calendar year (as defined in section 1(f)(4)), exceeds ``(2) the CPI for calendar year 1993 (as so defined). ``(b) Rounding.--Any increase under subsection (a) shall be rounded-- ``(1) to the nearest multiple of 10 cents in the case of a rate in effect under section 4691, ``(2) to the nearest multiple of 1 cent in the case of a rate in effect under section 4692, and ``(3) to the nearest multiple of 1/10 cent in the case of a rate in effect under section 4693.'' (b) Clerical Amendment.--The table of subchapters for chapter 38 of such Code is amended by adding at the end thereof the following new item: ``Subchapter E. Carbon tax on primary fossil fuels.'' (c) Effective Date.--The amendments made by this section shall take effect on January 1, 1994.

Amends the Internal Revenue Code to impose a tax on the sale or importation of the following fuels based on their carbon content: coal, petroleum, and natural gas. Provides an inflation adjustment for such tax rates after calendar year 1994.

To amend the Internal Revenue Code of 1986 to reduce emissions of carbon dioxide by imposing a tax on certain fuels based on their carbon content.