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SECTION 1. MODIFICATIONS OF REPORTING REQUIREMENTS FOR CERTAIN STATE AND LOCAL POLITICAL ORGANIZATIONS. (a) Notification.--Paragraph (5) of section 527(i) of the Internal Revenue Code of 1986 (relating to organizations must notify Secretary that they are section 527 organizations) is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by adding at the end the following: ``(C) which is a political committee of a State or local candidate, or a local committee of a political party, as defined by State law.''. (b) Exemption for Certain State and Local Political Committees From Reporting Requirements.-- (1) In general.--Paragraph (5) of section 527(j) of such Code (relating to required disclosures of expenditures and contributions) is amended by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) to any organization which is an exempt State or local political organization,''. (2) Exempt state or local political organization.-- Subsection (e) of section 527 of such Code (relating to other definitions) is amended by adding at the end the following new paragraph: ``(5) Exempt state or local political organization.-- ``(A) In general.--The term `exempt State or local political organization' means a political organization-- ``(i) which does not engage in any exempt function other than to influence or to attempt to influence the selection, nomination, election, or appointment of any individual to any State or local public office or office in a State or local political organization, ``(ii) which is subject to State or local requirements to submit reports containing information-- ``(I) regarding individual expenditures from and contributions to such organization, and ``(II) regarding the person who makes such contributions or receives such expenditures, which is substantially similar to the information which would otherwise be required to be reported under this section, and ``(iii) with respect to which the reports referred to in clause (ii) are made public by the agency with which such reports are filed and are publicly available for inspection in a manner similar to that required by section 6104(d)(1). ``(B) Participation of federal candidate or office holder.--The term `exempt State or local political organization' shall not include any organization otherwise described in subparagraph (A) if a candidate for nomination or election to Federal elective office or an individual who holds such office-- ``(i) controls or materially participates in the direction of the organization, or ``(ii) directs, in whole or in part, expenditures or fundraising activities of the organization.''. (c) Annual Return Requirements.-- (1) Income tax returns required only where political organization taxable income.--Paragraph (6) of section 6012(a) of such Code (relating to general rule of persons required to make returns of income) is amended by striking ``or which has gross receipts of $25,000 or more for the taxable year (other than an organization to which section 527 applies solely by reason of subsection (f)(1) of such section)''. (2) Information returns.--Subsection (g) of section 6033 of such Code (relating to returns required by political organizations) is amended to read as follows: ``(g) Returns Required by Political Organizations.-- ``(1) In general.--Every political organization (within the meaning of section 527(e)(1)), and every fund treated under section 527(g) as if it constituted a political organization, which has gross receipts of $25,000 or more for the taxable year shall file a return-- ``(A) containing the information required, and complying with the other requirements, under subsection (a)(1) for organizations exempt from taxation under section 501(a), and ``(B) containing such other information as the Secretary deems necessary to carry out the provisions of this subsection. ``(2) Exceptions from filing.-- ``(A) Mandatory exceptions.--Paragraph (1) shall not apply to an organization-- ``(i) which is an exempt State or local political organization (as defined in section 527(e)(5)), ``(ii) which is a State or local committee of a political party, or political committee of a State or local candidate, as defined by State law, ``(iii) which is a caucus or association of State or local elected officials, ``(iv) which is a national association of State or local officials, ``(v) which is an authorized committee (as defined in section 301(6) of the Federal Election Campaign Act of 1971) of a candidate for Federal office, ``(vi) which is a national committee (as defined in section 301(14) of the Federal Election Campaign Act of 1971) of a political party, or ``(vii) to which section 527 applies for the taxable year solely by reason of subsection (f)(1) of such section. ``(B) Discretionary exception.--The Secretary may relieve any organization required under paragraph (1) to file an information return from filing such a return where he determines that such filing is not necessary to the efficient administration of the internal revenue laws.''. (d) Waiver of Penalties.--Section 527 of such Code is amended by adding at the end the following: ``(k) Authority To Waive.--The Secretary may waive all or any portion of the-- ``(1) tax assessed on an organization by reason of the failure of the organization to give notice under subsection (i), or ``(2) penalty imposed under subsection (j) for a failure to file a report, on a showing that such failure was due to reasonable cause and not due to willful neglect.''. (e) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by Public Law 106-230. SEC. 2. NOTIFICATION OF INTERACTION OF REPORTING REQUIREMENTS. (a) In General.--The Secretary of the Treasury, in consultation with the Federal Election Commission, shall publicize information on-- (1) the effect of the amendments made by this Act, and (2) the interaction of requirements to file a notification or report under section 527 of the Internal Revenue Code of 1986 and reports under the Federal Election Campaign Act of 1971. (b) Information.--Information provided under subsection (a) shall be included in any appropriate form, instruction, notice, or other guidance issued to the public by the Secretary of the Treasury or the Federal Election Commission regarding reporting requirements of political organizations (as defined in section 527 of the Internal Revenue Code of 1986) or reporting requirements under the Federal Election Campaign Act of 1971. SEC. 3. TECHNICAL CORRECTIONS TO SECTION 527 ORGANIZATION DISCLOSURE PROVISIONS. (a) Unsegregated Funds Not To Avoid Tax.--Paragraph (4) of section 527(i) of the Internal Revenue Code of 1986 (relating to failure to notify) is amended by adding at the end the following new sentence: ``For purposes of the preceding sentence, the term `exempt function income' means any amount described in a subparagraph of subsection (c)(3), whether or not segregated for use for an exempt function.''. (b) Procedures for Assessment and Collection of Penalty.--Paragraph (1) of section 527(j) of such Code (relating to required disclosure of expenditures and contributions) is amended by adding at the end the following new sentence: ``For purposes of subtitle F, the penalty imposed by this paragraph shall be assessed and collected in the same manner as penalties imposed by section 6652(c).''. (c) Application of Fraud Penalty.--Section 7207 of such Code (relating to fraudulent returns, statements, and other documents) is amended by striking ``pursuant to subsection (b) of section 6047 or pursuant to subsection (d) of section 6104'' and inserting ``pursuant to section 6047(b), section 6104(d), or subsection (i) or (j) of section 527''. (d) Duplicate Electronic and Written Filings Not Required.-- (1) Subparagraph (A) of section 527(i)(1) of such Code is amended by striking ``, electronically and in writing,''. (2) Subsection (i) of section 527 of such Code is amended by adding at the end the following new paragraph: ``(7) Electronic filing.--The Secretary shall develop procedures for submission in electronic form of notices required to be filed under this subsection and reports required to be filed under subsection (j).''. (e) Effective Dates.-- (1) Subsections (a) and (b).--The amendments made by subsections (a) and (b) shall apply to failures occurring on or after the date of the enactment of this Act. (2) Subsections (c) and (d).--The amendments made by subsections (c) and (d) shall take effect as if included in the amendments made by Public Law 106-230.

Amends the Internal Revenue Code to: (1) exempt State and local candidate committees, as well as local committees of political parties, from specified notification requirements; (2) exempt certain State and local political organizations from specified reporting requirements; (3) remove language dictating that certain political organizations with gross receipts of $25,000 or more for a taxable year and specified political newsletter funds with such receipts shall file income tax returns; (4) mandate that, with certain designated exceptions, every political organization with gross receipts of $25,000 or more for a taxable year and specified political newsletter funds with such receipts file information returns with specified information including income, receipts and disbursements, as well as facts deemed necessary by the Secretary of the Treasury; (5) authorize the Secretary to waive certain related penalties; and (6) amend related penalty provisions.

To amend section 527 of the Internal Revenue Code of 1986 to eliminate reporting and return requirements for State and local candidate committees and to avoid duplicate reporting of campaign-related information.

SECTION 1. SHORT TITLE. This title may be cited as the ``Temporary Emergency Unemployment Compensation Act of 2001''. SEC. 2. FEDERAL-STATE AGREEMENTS. (a) In General.--Any State which desires to do so may enter into and participate in an agreement under this title with the Secretary of Labor (in this title referred to as the ``Secretary''). Any State which is a party to an agreement under this title may, upon providing 30 days written notice to the Secretary, terminate such agreement. (b) Provisions of Agreement.--Any agreement under subsection (a) shall provide that the State agency of the State will make payments of temporary emergency unemployment compensation to individuals who-- (1) have exhausted all rights to regular compensation under the State law; (2) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law (and are not paid or entitled to be paid any additional compensation under any State or Federal law); and (3) are not receiving compensation with respect to such week under the unemployment compensation law of Canada. (c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when-- (1) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period; or (2) such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. (d) Weekly Benefit Amount.--For purposes of any agreement under this title-- (1) the amount of temporary emergency unemployment compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to such individual during such individual's benefit year under the State law for a week of total unemployment; (2) the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof shall apply to claims for temporary emergency unemployment compensation and the payment thereof, except where inconsistent with the provisions of this title or with the regulations or operating instructions of the Secretary promulgated to carry out this title; and (3) the maximum amount of temporary emergency unemployment compensation payable to any individual for whom a temporary emergency unemployment compensation account is established under section 3 shall not exceed the amount established in such account for such individual. (e) Election by States.--Notwithstanding any other provision of Federal law (and if State law permits), the Governor of a State is authorized and may elect to trigger off an extended compensation period in order to provide payment of temporary emergency unemployment compensation to individuals who have exhausted their rights to regular compensation under State law. SEC. 3. TEMPORARY EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT. (a) In General.--Any agreement under this title shall provide that the State will establish, for each eligible individual who files an application for temporary emergency unemployment compensation, a temporary emergency unemployment compensation account with respect to such individual's benefit year. (b) Amount in Account.-- (1) In general.--The amount established in an account under subsection (a) shall be equal to 13 times the individual's average weekly benefit amount for the benefit year. (2) Reduction for extended benefits.--The amount in an account under paragraph (1) shall be reduced (but not below zero) by the aggregate amount of extended compensation (if any) received by such individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). (3) Weekly benefit amount.--For purposes of this subsection, an individual's weekly benefit amount for any week is the amount of regular compensation (including dependents' allowances) under the State law payable to such individual for such week for total unemployment. SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF TEMPORARY EMERGENCY UNEMPLOYMENT COMPENSATION. (a) General Rule.--There shall be paid to each State that has entered into an agreement under this title an amount equal to 100 percent of the temporary emergency unemployment compensation paid to individuals by the State pursuant to such agreement. (b) Treatment of Reimbursable Compensation.--No payment shall be made to any State under this section in respect of any compensation to the extent the State is entitled to reimbursement in respect of such compensation under the provisions of any Federal law other than this title or chapter 85 of title 5, United States Code. A State shall not be entitled to any reimbursement under such chapter 85 in respect of any compensation to the extent the State is entitled to reimbursement under this title in respect of such compensation. (c) Determination of Amount.--Sums payable to any State by reason of such State having an agreement under this title shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this title 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. SEC. 5. FINANCING PROVISIONS. (a) In General.--Funds in the extended unemployment compensation account (as established by section 905(a) of the Social Security Act (42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the making of payments to States having agreements entered into under this title. (b) Certification.--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 title. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as so established) to the account of such State in the Unemployment Trust Fund (as so established). (c) Assistance to States.--There are appropriated, without fiscal year limitation, such funds as may be necessary for purposes of assisting States (as provided in title III of the Social Security Act (42 U.S.C. 501 et seq.) in meeting the costs of administration of agreements under this title. (d) Authorization of Appropriations for Certain Payments.--There are appropriated from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account (as so established) of the Unemployment Trust Fund (as so established) such sums as the Secretary estimates to be necessary to make the payments under this section in respect of-- (1) compensation payable under chapter 85 of title 5, United States Code; and (2) compensation payable on the basis of services to which section 3309(a)(1) of the Internal Revenue Code of 1986 applies. Amounts appropriated pursuant to the preceding sentence shall not be required to be repaid. SEC. 6. FRAUD AND OVERPAYMENTS. (a) In General.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of temporary emergency unemployment compensation under this title to which he was not entitled, such individual-- (1) shall be ineligible for further temporary emergency unemployment compensation under this title in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and (2) shall be subject to prosecution under section 1001 of title 18, United States Code. (b) Repayment.--In the case of individuals who have received amounts of temporary emergency unemployment compensation under this title to which they were not entitled, the State shall require such individuals to repay the amounts of such emergency unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that-- (1) the payment of such emergency unemployment compensation was without fault on the part of any such individual; and (2) such repayment would be contrary to equity and good conscience. (c) Recovery by State Agency.-- (1) In general.--The State agency may recover the amount to be repaid, or any part thereof, by deductions from any temporary emergency unemployment compensation payable to such individual under this title or from any unemployment compensation payable to such individual under any Federal unemployment compensation law administered by the State agency or under any other Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 3-year period after the date such individuals received the payment of the temporary emergency unemployment compensation to which they were not entitled, except that no single deduction may exceed 50 percent of the weekly benefit amount from which such deduction is made. (2) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. (d) Review.--Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent. SEC. 7. DEFINITIONS. In this title, the terms ``compensation'', ``regular compensation'', ``extended compensation'', ``additional compensation'', ``benefit year'', ``base period'', ``State'', ``State agency'', ``State law'', and ``week'' have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). SEC. 8. APPLICABILITY. An agreement entered into under this Act shall apply to weeks of unemployment-- (1) beginning no earlier than the first day of the first week beginning after the date on which such agreement is entered into; and (2) ending before the date that is 18 months after the date of enactment of this Act. SEC. 9. TEMPORARY REDUCTION IN INTEREST RATE APPLICABLE TO REPAYMENTS OF ADVANCES TO STATE UNEMPLOYMENT FUNDS. With respect to advances made to a State under section 1201 of the Social Security Act (42 U.S.C. 1321) during the period beginning on the date of enactment of this Act and ending on the date that is 18 months after such date of enactment, the rate of interest paid by a State on such an advance shall be determined under section 1202(b)(4) of the such Act (42 U.S.C. 1322(b)(4)) by substituting ``5 percent'' for ``10 percent'' in the matter preceding subparagraph (A).

Temporary Emergency Unemployment Compensation Act of 2001 - Provides for a program of temporary emergency unemployment compensation (TEUC).Sets forth TEUC program requirements for Federal-State agreements, formulas for determining amounts in individual TEUC accounts and weekly benefits, payments to States, and financing. Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation (including both regular and extended compensation). Reduces an individual TEUC account by the aggregate amount of any extended compensation for the same benefit year.Applies TEUC agreements to weeks of unemployment: (1) beginning on or after the first day of the first week after the date on which such agreement is entered into; and (2) ending before the date that is 18 months after enactment of this Act.Provides for a temporary reduction in the interest rate applicable to repayments of advances to State unemployment funds.

A bill to provide for a program of temporary enhanced unemployment benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Climate Change Through Individual Action Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Agricultural, grassland, and forestry practices play an essential role in capturing atmospheric carbon and sequestering it as soil organic matter. (2) Released carbon can be captured through improved grassland management, tree planting, forest preservation, and enhanced agronomic and irrigation practices. (3) Promoting increased natural carbon sinks could have a significant impact on the world's projected carbon emissions from the burning of fossil fuels. (4) Certain agricultural and forestry practices can reduce greenhouse gases: (A) avoiding emissions by maintaining existing carbon storage in trees and soils; (B) increasing carbon storage by, e.g., tree planting, conversion from conventional to conservation tillage practices on agricultural lands; (5) The large potentials exist through known cropping and land management practices such as adoption of no-till, reduced fallow and use of cover crops, and conservation set-asides with perennial grasses and trees. SEC. 3. CARBON SEQUESTRATION AND SOIL CONSERVATION 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 adding at the end the following new section: ``SEC. 45O. CARBON SEQUESTRATION AND SOIL CONSERVATION. ``(a) In General.--For purposes of section 38, in the case of a taxpayer engaged in the business of farming, the credit determined under this section for the taxable year is an amount equal to 30 percent of the qualified carbon sequestration and soil conservation expenditures for the taxable year which are paid or incurred with respect to the land used in such farming. ``(b) Limitation.--The credit allowed with respect to a taxpayer under this section for a taxable year shall not exceed an amount equal to $10,000, reduced by the sum of the credits allowed with respect to the taxpayer under subsection (a) for all preceding taxable years. ``(c) Qualified Carbon Sequestration and Soil Conservation Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified carbon sequestration and soil conservation expenditures' means amounts paid or incurred to sequester carbon and conserve soil, including-- ``(A) expenditures described in section 175(c), ``(B) conservation tillage expenditures, ``(C) cover cropping expenditures, ``(D) amounts paid or incurred to increase the nitrogen use efficiency (other than use of nitrogen fertilizers) of land used in farming, and ``(E) amounts paid or incurred for multiple year rotations, including introduction of a perennial that reduces carbon loss and tillage, builds soil tilth, and increases carbon capture capacity. ``(2) Conservation tillage expenditures.--The term `conservation tillage expenditures' means any expenditures paid or incurred for a tilling and planting method in which at least 30 percent of the previous crop residue remains on the soil after planting the current crop. Such term includes the following tilling practices: no till, ridge till, minimum till, and mulch till. ``(3) Cover cropping expenditures.--The term `cover cropping expenditures' means expenditures paid or incurred for the preparation and seeding of land for any grass, legume, or small grain-- ``(A) which is not the primary crop of the taxpayer, ``(B) the primary purpose of which is to achieve one or more of the following: reduction in erosion; maintenance or improvement in soil fertility, tilth, and structure, ``(C) a purpose of which may be interruption of pest cycles or conservation of water. ``(d) Per Acre Credit Alternative.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary shall, in consultation with the Secretary of Agriculture, establish an alternative procedure for determining the credit under subsection (a), which, at the election of the taxpayer, shall be treated as the amount determined under subsection (a). ``(2) Procedure described.--(A) The Secretary shall establish credit amounts to apply to land used in farming on a per acre basis with respect to each method of carbon sequestration and soil conservation described in subsection (c)(1). ``(B) Such credit amounts shall be based on the efficacy of the method in sequestering carbon and preventing soil erosion. ``(C) No such credit amount may exceed $15 per acre. ``(D) The Secretary shall prescribe rules similar to the rules of paragraphs (1) through (4) of subsection (e) to apply for purposes of the procedure established under this subsection. ``(3) Election.--An election to use such alternative method shall be made in such form and manner as the Secretary may prescribe, and shall apply to the taxable year for which made and for all subsequent taxable years. ``(e) Definition and Special Rules.-- ``(1) Land used in farming.--For purposes of this section, land shall be treated as used in farming only if such land is used (before or simultaneously with the expenditures described in subsection (c)(1)) by the taxpayer or his tenant for the production of crops, fruits, or other agricultural products or for the sustenance of livestock. ``(2) Expenditures must be consistent with soil conservation plan.--Notwithstanding any other provision of this section, subsection (a) shall not apply to any expenditures unless such expenditures are consistent with-- ``(A) the plan (if any) approved by the Soil Conservation Service of the Department of Agriculture for the area in which the land is located, or ``(B) if there is no plan described in clause (i), any soil conservation plan of a comparable State agency. ``(3) Basis adjustment.--For purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so determined. ``(4) Denial of double benefit.--No deduction or other credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. ``(f) Termination.--This section shall not apply to taxable years beginning after December 31, 2013.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``plus'', and by adding at the end the following new paragraph: ``(32) the carbon sequestration and soil conservation credit determined under section 45O(a).''. (c) Conforming Amendments.--Subsection (a) of section 1016 of such Code (relating to adjustments to basis) is amended by striking ``and'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``and'', and by adding at the end the following new paragraph: ``(37) to the extent provided in section 45O(e).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45O. Carbon sequestration and soil conservation.''. (e) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred after December 31, 2008. SEC. 4. QUALIFYING PLANTING EXPENDITURE CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30D. QUALIFIED PLANTING EXPENDITURE CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the qualified planting expenditures of the taxpayer for the taxable year. ``(b) Limitations.--The amount taken into account under subsection (a) for any taxable year shall not exceed-- ``(1) in the case of expenditures paid or incurred by the taxpayer with respect to an area which is included under section 121 as part of the taxpayer's principal residence, $5,000, ``(2) in the case of expenditures paid or incurred by the taxpayer in the course of, or with respect to, a trade or business carried on by the taxpayer, $50,000, and ``(3) in any other case, zero. ``(c) Qualified Planting Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualifying planting expenditures' means expenditures paid or incurred-- ``(A) for the purchase and planting of any tree, plant, shrub, or bush which meets the requirements of paragraph (2), and ``(B) for the purchase and installation of a vegetated roof system. Such term shall not include expenditures relating to any property which is held by the taxpayer for use in a trade or business or for the production of income, or which is property described in section 1221(a)(1) in the hands of the taxpayer. ``(2) Trees, plants, shrubs, or bushes.--A tree, plant, shrub, or bush satisfies the requirements of the paragraph if such tree, plant, shrub, or bush is certified, in accordance with guidance prescribed by the Secretary (after consultation with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture), to be quick-growing, appropriate for the region in which it is planted, and effective in capturing carbon. ``(3) Vegetated roof system.--The term `vegetated roof system' means a system by which vegetation growing in a substrate is integrated with the roof (or portion thereof) of a building owned by the taxpayer. ``(d) Application With Other Credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax liability (as defined in section 26(b)) reduced by the sum of the credits allowable under subpart A and sections 27, 30, 30B, and 30C, over ``(2) the tentative minimum tax for the taxable year. ``(e) Definition and Special Rules.--For purposes of this section-- ``(1) Principal residence.--The term `principal residence' has the same meaning as when used in section 121, except that no ownership requirement shall be imposed. ``(2) Joint occupancy, cooperative housing corporations, and condominium management associations.--Rules similar to the rules of paragraphs (4), (5), and (6) of section 25D(e) shall apply. ``(3) Expenditures outside united states.--The credit under this section shall not be allowed with respect to expenditures paid or incurred for areas located outside the United States. ``(4) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section for an expenditure, the increase in basis which would result (but for this subsection) from such expenditure shall be reduced by the amount of credit allowed under this section. ``(f) Termination.--This section shall not apply to taxable years beginning after December 31, 2013.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016, as amended by section 3, is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30D(e)(4).''. (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30C the following new item: ``Sec. 30D. Qualified planting expenditure credit.''. (c) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred after December 31, 2008. SEC. 5. GRASSLAND, RANGELAND, AND FOREST CONSERVATION CREDIT. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Department of Agriculture, shall establish an appropriate tax credit, with respect to land located in the United States, for-- (1) the conversion of cropland to pasture for grazing purposes or to grassland or rangeland, and (2) reforestation and afforestation of land-- (A) which is not held by the taxpayer for the planting, cultivating, caring for, and cutting of trees for sale or use in the commercial production of timber products, and (B) with trees which are not held by the taxpayer for use in a trade or business or for the production of income. (b) Other Rules Relating to Credit.-- (1) Credit to be per acre.--The Secretary shall establish credit amounts to apply to land on a per acre basis with respect to each method of conservation described in subsection (a). (2) Pursuant to approved plan.--Such methods must be pursuant to a plan submitted by the taxpayer and approved by the Secretaries of the Treasury and Agriculture. (3) Basis for credit amounts.--Credit amount shall be based on-- (A) the efficacy of the method in sequestering carbon and preventing soil erosion, (B) the expenditures relating to such method, and (C) the number of years the taxpayer certifies to the Secretary or ensures (by conservation easement or otherwise) that the applicable land will remain subject to the approved plan. (4) Recapture.--The Secretary shall provide for recapturing the benefit of any credit allowed under this section with respect to any property that ceases to be used in accordance with the approved plan. (5) Denial of double benefit and basis adjustment.--The Secretary shall provide-- (A) an appropriate basis adjustment for property with respect to which such credit is allowed, and (B) rules disallowing such deductions and other credits as may be appropriate to avoid allowing additional tax benefits for the same conservation method or expenses. (c) Effective Date.--The credit established by the Secretary shall apply to taxable years beginning after December 31, 2008. SEC. 6. CARBON SEQUESTRATION CREDIT REPORT. (a) In General.--In the case of any substantial change in the carbon sequestration market (including the enactment into law of a carbon cap and trade program), the Secretary of the Treasury shall, in consultation with any appropriate Federal officers, study such change and any effect of such change on the efficiency of, and need for, the credits allowed under section 5 of this Act and sections 45O and 30D of the Internal Revenue Code of 1986. (b) Report.--As soon as practicable after sufficient opportunity to observe the effect of such change in the carbon sequestration market, the Secretary shall submit a report to Congress containing the results of the study conducted under subsection (a) and any recommendations of the Secretary for modifying such credits based on such results.

Combating Climate Change Through Individual Action Act of 2008 - Amends the Internal Revenue Code to allow tax credits for: (1) 30% of carbon sequestration and soil conservation expenditures made by taxpayers engaged in the business of farming; (2) 10% of qualifying planting expenditures, including expenditures for the purchase and planting of any tree, plant, shrub, or bush, and the purchase and installation of a vegetated roof system; (3) the conversion of cropland to pasture for grazing purposes or to grassland or rangeland; and (4) certain types of reforestation and afforestation of land.

To amend the Internal Revenue Code of 1986 to provide incentives for carbon sequestration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Colorado River Multi-Species Conservation Program Act''. SEC. 2. DEFINITIONS. In this Act: (1) Lower colorado river multi-species conservation program.--The term ``Lower Colorado River Multi-Species Conservation Program'' or ``LCR MSCP'' means the cooperative effort on the Lower Colorado River between Federal and non- Federal entities in Arizona, California, and Nevada approved by the Secretary of the Interior on April 2, 2005. (2) Lower colorado river.--The term ``Lower Colorado River'' means the Colorado River from Lake Mead to the Southerly International Boundary with Mexico, including its historic floodplain and its mainstem reservoirs to their full pool elevations. (3) Program documents.--The term ``Program Documents'' means the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental Impact Statement/Environmental Impact Report, Funding and Management Agreement, Implementing Agreement, and Section 10(a)(1)(B) Permit issued and, as applicable, executed in connection with the LCR MSCP. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means each of the States of Arizona, California, and Nevada. (6) Steering committee.--The term ``Steering Committee'' means the LCR MSCP steering committee established pursuant to the Program Documents. SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING. (a) Implementation.--The Secretary shall manage and implement the LCR MSCP in accordance with the Program Documents. (b) Water Accounting.--The Secretary is authorized and directed to enter into an agreement with the States providing for the use of water from the Lower Colorado River for habitat creation and maintenance in accordance with the Program Documents. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary such sums as may be necessary to meet the obligations of the Secretary under the Program Documents, to remain available until expended. (b) Investments.--The Secretary is authorized to invest with the Secretary of the Treasury such portions of appropriations, and any non- Federal contributions made pursuant to the Program Documents, as are not, in the judgment of the Secretary, required to meet current expenditures. Such investments shall be made only in interest-bearing obligations of the United States. Funds invested under this subsection and interest on those funds shall be available to the Secretary to meet the obligations of the Secretary under the Program Documents. (c) Non-Reimbursable and Non-Returnable.--All amounts appropriated to and expended by the Secretary for the LCR MSCP shall be non- reimbursable and non-returnable. SEC. 5. APPLICABLE LAW, CONTINUITY OF PROGRAM, ENFORCEABILITY OF PROGRAM DOCUMENTS. (a) In General.--Nothing in this Act shall impair any right to the delivery or beneficial consumptive use of Colorado River water under any compact, treaty, law, decree, or contract in effect on the date of enactment of this Act. (b) Continuity of Program Documents.--No future act of Congress relating to Public Law 93-205 (16 U.S.C. 1531 et seq.) shall have the effect of modifying the Program Documents unless expressly made applicable to the LCR MSCP. (c) Enforceability of Program Documents.--Any party to any agreement entered into with the United States or any agency thereof pursuant to the LCR MSCP may commence a civil action in United States district court to enforce the agreement or to declare the rights and obligations of the parties under the Program Documents. The district court shall have jurisdiction of such actions and may issue such orders, judgments, and decrees as are consistent with the court's exercise of jurisdiction under this section. The United States or any agency thereof may be named as a defendant in such actions. The sovereign immunity of the United States is waived for purposes of actions commenced pursuant to this section. Nothing in this section waives the sovereign immunity of the United States to claims for money damages, monetary compensation, the provision of indemnity, or any claim seeking money from the United States. Any suit pursuant to this section may be brought in any United States district court in the State in which any non-Federal party to the suit is situated. (d) Applicable Law.--Nothing in this Act affects the enforceability of the requirement that the Program Documents comply with existing law as of April 2, 2005, except that the Steering Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

Lower Colorado River Multi-Species Conservation Program Act - Directs the Secretary of the Interior to manage and implement the Lower Colorado River Multi-Species Conservation Program, and to enter into an agreement with Arizona, California, and Nevada providing for the use of water from the Lower Colorado River for habitat creation and maintenance, in accordance with the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental Impact Statement/Environmental Impact Report, Funding and Management Agreement, Implementing Agreement (Agreement). Permits any party to an agreement entered into with the United States pursuant to the Program to commence a civil action in U.S. district court to enforce the agreement or to declare the rights and obligations of the parties under the program documents. Grants the district court jurisdiction over any such action.

A bill to authorize appropriations for the Bureau of Reclamation to carry out the Lower Colorado River Multi-Species Conservation Program in the States of Arizona, California, and Nevada, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clearwater Basin Project Act''. SEC. 2. DEFINITIONS. (a) Definitions.--In this Act: (1) Advisory panel.--The term ``advisory panel'' means the Clearwater Advisory Panel, established by the Secretary under section 3. (2) Pilot project.--The term ``pilot project'' means the Clearwater Basin Pilot Project authorized by section 4. (3) Pilot project area.--The term ``pilot project area'' means the area described in section 4(a) in which the pilot project will be conducted. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Stewardship contract.--The term ``stewardship contract'' means a contract to achieve land management goals for National Forest System lands as described in section 347 of the Department of Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note). (6) Stewardship objectives.--The term ``stewardship objectives'' means objectives that enhance forest ecosystems, and restore and improve land health water quality such as-- (A) road, trail, and infrastructure maintenance or obliteration; (B) soil productivity improvement; (C) improvements in forest ecosystem health; (D) watershed restoration and maintenance; (E) restoration, maintenance and improvement of wildlife and fish habitat; (F) control of noxious weeds; and (G) reestablishment of native species. SEC. 3. CLEARWATER ADVISORY PANEL. (a) Establishment and Purpose.--The Secretary shall establish an advisory group, to be known as the ``Clearwater Advisory Panel'', for the purpose of improving collaborative relationships and providing advice and recommendations to the Forest Service regarding the Clearwater Basin pilot project and activities under the pilot project, as authorized by and consistent with this Act. (b) Duties.--The advisory panel shall-- (1) review and make recommendations to the Forest Service regarding activities proposed for high priority implementation as part of the pilot project; (2) provide early and continuous coordination with appropriate Forest Service and other agency officials in reviewing and recommending activities for high priority implementation; and (3) provide frequent opportunities for citizens, organizations, tribes, agencies, and other interested parties to participate in all stages of the activity schedule development process. (c) Appointment of Members.-- (1) Appointment and term.--No later than 90 days after the date of enactment of this Act, and consistent with subsection (d), the Secretary shall appoint the members of the advisory panel and each member shall serve without compensation for a term of three years beginning on the date of appointment. The Secretary may reappoint members to subsequent three-year terms. (2) Vacancies.--The Secretary shall make appointments to fill vacancies on the advisory panel as soon as practicable after the vacancy has occurred. (d) Composition of Advisory Panel.--The advisory panel shall be comprised of 15 members who shall be representative of the interests of the following categories: (1) Category i.-- (A) organized labor; (B) developed outdoor recreation, off highway vehicle users, or commercial recreation activities; (C) energy and mineral development interests; (D) commercial timber industry; and (E) Federal grazing permit holders, or other land use permit holders within the pilot project area. (2) Category ii.-- (A) national environmental organizations; (B) regional or local environmental organizations; (C) dispersed recreational activities; (D) archaeological and historical interests; and (E) national or regional fish and wildlife interest groups. (3) Category iii.-- (A) State elected officeholders or their designee; (B) county or local elected officeholders; (C) Indian Tribes within or adjacent to the pilot project area; (D) school officials or teachers; and (E) the affected public at large. (4) Balanced representation.--The Secretary shall provide for balanced representation from among the categories described in paragraphs (1), (2), and (3). (5) Geographic distribution.--The members of the advisory panel shall reside within the State of Idaho, and to the extent practicable, within or adjacent to the pilot project area. (e) Approval Procedures.-- (1) Establishment.--Subject to paragraph (2) and the other requirements of this Act, the advisory panel shall establish procedures for proposing, developing, and reviewing activities and schedules for recommendation to the Forest Service for approval and implementation under the pilot project. A majority must be present to constitute an official meeting of the advisory panel. (2) Majority vote.--An activity or schedule may be recommended by the advisory panel to the applicable Forest Supervisor for approval and implementation under the pilot program if it is approved by a majority of the advisory panel members from each of the three categories described in subsection (d). (f) Other Authorities and Requirements.-- (1) Chairperson.--A majority of the advisory panel shall select a chairperson. (2) Staff assistance.--The Secretary may provide staff assistance to the advisory panel from employees under the jurisdiction of the Secretary. (3) Meetings.--All meetings of the advisory panel shall be announced at least one week in advance in a local newspaper of record and shall be open to the public. Records of the meetings shall be retained and made available for public inspection. SEC. 4 CLEARWATER BASIN PILOT PROJECT. (a) Pilot Project Authorized.--The Secretary may conduct a pilot project under this section, to be known as the ``Clearwater Basin pilot project'', on those National Forest System land encompassed by the North Fork, Powell, and Lochsa Ranger Districts of the Clearwater National Forest in the State of Idaho, and the Red River/Elk City, Moose Creek and Clearwater Ranger Districts of the Nez Perce National Forest in the State of Idaho. (b) Role of Advisory Panel.--The advisory panel shall review and recommend activities for high priority implementation of stewardship objectives within the pilot project area, for which funding is authorized under this Act or other laws. (c) Stewardship Contracts.--A total of three stewardship contracts are authorized for recommendation by the advisory panel and for approval and implementation in accordance with, and to achieve the purposes of, the pilot project. These contracts are in addition to any stewardship contracts authorized under any other law. (d) Activity Schedules.-- (1) Development.--Within two years after the date of the enactment of this Act, the advisory panel shall develop and submit for Forest Supervisor review schedules of high priority activities to be commenced within the pilot project area for the ensuing five-year period. Separate schedules shall be developed for the Clearwater National Forest portion of the pilot project area. Thereafter, the advisory panel shall develop and submit in advance schedules for subsequent five-year periods. (2) Consultation.--The advisory panel shall develop each five-year schedule in consultation with, and with technical assistance from, the applicable Forest Supervisor and the Nez Perce Tribe. The Forest Service shall ensure that the activities in the schedules are consistent with treaty and any other obligations to the Tribe. (3) Content.--Each five-year schedule shall be in sufficient detail to describe the high priority activities to be conducted in the pilot project area over the five-year period and the timing for their implementation, and to allow reasonable site-specific, project-level evaluation of their environmental effects. The scope of the activities included in each schedule shall be reasonably adjusted to the extent that the advisory panel and applicable Forest Supervisor determine necessary to allow such evaluation to be completed within the time periods provided by this Act. (4) Consistency with forest plan.--The activities included within the five-year schedules shall be consistent with the applicable forest land and resource management plan. The schedule may include any amendment of the applicable forest land and resource management plan that the advisory panel recommends or that the applicable Forest Supervisor determines is necessary to allow or facilitate implementation of one or more activities in the schedule. (f) NEPA Requirements and Related Procedures.-- (1) Process.--The Forest Service shall conduct any applicable procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the approval of the activities in each five-year schedule, tiered to the environmental impact statement for the applicable forest land and resource management plan. The procedures under such Act, and any review, consultation, or coordination under other laws, including the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and National Historic Preservation Act (16 U.S.C. 470), shall be completed within one year after the Forest Service, in consultation with the North Central Idaho resource advisory committee, issues the public scoping notice regarding the proposed schedule. (2) Resources.--The Forest Service, and any other Federal agencies involved in the process described in paragraph (1), shall provide sufficient personnel and other resources, directly or through contracting, to complete the review, consultation, or coordination within the required one-year period, and without substantially delaying implementation of other forest management activities in Region 1 of the Forest Service. The Forest Service and other involved agencies may rely upon or use any analysis, documents, or procedures previously performed under the National Environmental Policy Act of 1969 or other law for any activity in the schedule. (3) Effect of failure to complete process.--If any review, consultation, or coordination required under the National Environmental Policy Act of 1969 or other law has not been completed for a schedule within the required one-year period, the lack of completion shall not be a basis for challenging or delaying submittal, approval, or implementation of an activity in the schedule, if the applicable Forest Supervisor, in consultation with the advisory panel, finds that sufficient review, consultation, and coordination regarding the activity has occurred and a sufficient record exists to make a reasoned decision regarding approval of the activity. (g) Review by Forest Supervisor.-- (1) Submission.--The advisory panel shall submit a final recommendation regarding each five-year schedule, together with the record of the review, consultation, and coordination performed under subsection (f) for the schedule, to the applicable Forest Supervisor for review. The final recommendation and record shall be submitted to the Forest Supervisor at least 30 days in advance of the date for commencing implementation of activities under the schedule. (2) Review.--Within 30 days after receiving the schedule and record from the advisory panel, the Forest Supervisor shall issue a project or activity decision document regarding review of the recommended schedule in accordance with the National Environmental Policy Act of 1969 and any other applicable procedures. In the decision document, the Forest Supervisor may approve the schedule, or disapprove the schedule and return it to the advisory panel for further consideration with instructions. If the Forest Supervisor has not issued a decision document upon expiration of the 30-day period, the schedule shall be deemed approved by the Forest Supervisor and subject to administrative appeal under Department of Agriculture procedures applicable to Forest Service project or activity record of decision or decision notice documents issued pursuant to the National Environmental Policy Act of 1969. (h) Implementation.--Upon approval of the schedule, but subject to any stay that may be in effect pursuant to Forest Service project or activity administrative appeal procedures, the Forest Service may issue any permits, contracts, or other authorizations for activities in the schedule without further review, consultation, or coordination under the National Environmental Policy Act of 1969 or other laws. (i) Activities Not Included in a 5-Year Schedule; Amendment of Schedule.--An activity that the advisory panel determines should proceed in advance of approval of the first five-year schedule, or an activity in the pilot project area that is not included in a five-year schedule, may be approved and implemented on an individual or group basis, upon completing the process and requirements for review and approval of a five-year schedule. A five-year schedule may be amended upon completed the process and requirements for review and approval of the schedule. (j) Relation to Other Schedules, Plans, and Activities.--The five- year schedules and activities authorized under the pilot project shall supplement other schedules plans and projects or other activities authorized and implemented under other law. Upon advisory panel recommendation and applicable Forest Supervisor approval, an activity that is included in another schedule or plan or proposed, authorized, or funded under other law may be authorized and implemented as an activity under the pilot project, if the activity meets the requirements of this section for implementation as a high priority activity. SEC. 5. MONITORING AND REPORTING REQUIREMENTS. (a) Report on Applicable Rules and Regulations.--The advisory panel may submit to the Secretary, the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a compilation of regulations applicable to the pilot project that the advisory panel determines are inappropriate for the pilot project, incompatible with the pilot project, or unduly burdensome in conducting the pilot project. (b) Monitoring; Annual Report on the Project.--The Secretary shall monitor the activities and achievement in the pilot project area under the pilot project. Not later than two years after the date of the enactment of this Act, and each year thereafter during the pilot project, the Secretary shall submit a report to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives on the results of such monitoring, including detailed information on the sources and uses of funds and the status, outputs, and other results accomplished for each activity recommended for priority implementation by the advisory panel under the pilot project. (c) State of Idaho Report.--The Secretary shall request the State of Idaho, through the University of Idaho College of Natural Resource or other source, to prepare a report reviewing the activities and achievements of the pilot project in the pilot project area. The Secretary shall request the State to prepare and submit the report at five-year intervals to the Secretary, the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives. The requested report should include an assessment of whether, and to what extent, the activities conducted under the pilot project are meeting or enhancing the accomplishment of stewardship objectives. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary, through fiscal year 2012, such sums as may be necessary for the following purposes: (1) Developing, submitting, reviewing, and implementing five-year schedules and priority activities under the pilot project, including the stewardship contracts authorized by this Act. (2) Other advisory panel activities and technical assistance to the advisory panel for the purposes of the pilot project. (3) Monitoring and reporting requirements under section 5. (4) Such other actions as are necessary to implement this Act. (b) Availability.--Amount appropriated for the purposes specified in subsection (a) shall remain available until expended. (c) Treatment of Receipts.--Notwithstanding the Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106- 393; 16 U.S.C. 500 note), any moneys received by the Forest Service from activities approved and implemented under the pilot project shall be distributed in accordance with the sixth paragraph under the heading ``Forest Service'' in the Act of May 23, 1908 (16 U.S.C. 500). SEC. 7. SEVERABILITY. If any provisions of this Act or the application of this Act to any person or circumstances is held to be invalid, the validity of the remainder of this Act and of the application of such provision to other persons and circumstances shall not be affected.

Clearwater Basin Project Act - Directs the Secretary of Agriculture to establish and maintain the Clearwater Advisory Panel (CAP), which shall provide advice and recommendations to the Forest Service regarding the Clearwater Basin pilot project (the Project) within the Clearwater and Nez Perce National Forests, Idaho. States that the CAP shall: (1) make recommendations regarding activities for high priority implementation; (2) provide early and continuous coordination with Federal officials; and (3) provide for public input into its proceedings.Authorizes the Secretary to conduct the Project. Directs the CAP, in consultation with and receiving technical assistance from the applicable Forest Supervisor, to develop and submit for approval from the Forest Supervisor five-year schedules of high priority activities for the Project (with separate schedules for each Forest). Requires that the activities included in such schedules be consistent with the applicable forest land and resource management plan. Directs the Forest Service to complete any applicable National Environmental Policy Act (NEPA) procedures for the approval of the activities at the site-specific, project level. Directs the CAP to consult with the Nez Perce Tribe in developing and recommending each schedule.Directs the Forest Supervisor to issue a project or activity decision document regarding approval of the recommended schedule in accordance with NEPA and other applicable procedures.Provides for the schedules and activities authorized under this section to supplement certain other schedules, plans, and projects or other activities authorized and implemented under other law.

A bill to provide for enhanced collaborative forest stewardship management within the Clearwater and Nez Perce National Forests in Idaho, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans Programs Improvement Act of 2003''. (b) References.--Except as otherwise expressly provided, wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) Rate Adjustment.--The Secretary of Veterans Affairs shall, effective on December 1, 2003, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Compensation.--Each of the dollar amounts in effect under section 1114. (2) Additional compensation for dependents.--Each of the dollar amounts in effect under section 1115(1). (3) Clothing allowance.--The dollar amount in effect under section 1162. (4) New dic rates.--Each of the dollar amounts in effect under paragraphs (1) and (2) of section 1311(a). (5) Old dic rates.--Each of the dollar amounts in effect under section 1311(a)(3). (6) Additional dic for surviving spouses with minor children.--The dollar amount in effect under section 1311(b); (7) Additional dic for disability.--Each of the dollar amounts in effect under subsections (c) and (d) of section 1311. (8) DIC for dependent children.--Each of the dollar amounts in effect under sections 1313(a) and 1314. (c) Determination of Increase.-- (1) The increase under subsection (a) shall be made in the dollar amounts specified in subsection (b) as in effect on November 30, 2003. (2) Except as provided in paragraph (3), each such amount shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2003, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (3) Each dollar amount increased pursuant to paragraph (2) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount. (d) Special Rule.--The Secretary may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of Public Law No. 85-857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. (e) Publication of Adjusted Rates.--At the same time as the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2004, the Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b) as increased pursuant to subsection (a). SEC. 3. REPEAL OF 45-DAY RULE FOR EFFECTIVE DATE OF AWARD OF DEATH PENSION. Subsection (d) of section 5110 is amended-- (1) by striking the designation ``(1)''; (2) by striking ``death compensation or dependency and indemnity compensation'' and inserting ``death compensation, dependency and indemnity compensation, or death pension''; and (3) by striking paragraph (2). SEC. 4. EXCLUSION OF LUMP-SUM LIFE INSURANCE PROCEEDS FROM DETERMINATIONS OF ANNUAL INCOME FOR PENSION PURPOSES. Subsection (a) of section 1503 is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking ``materials.'' at the end of paragraph (10)(B) and inserting ``materials; and''; and (3) by adding at the end the following new paragraph: ``(11) lump-sum proceeds of any life insurance policy or policies on a veteran, for purposes of pension under subchapter III of this chapter.''. SEC. 5. CLARIFICATION OF PROHIBITION ON PAYMENT OF COMPENSATION FOR ALCOHOL OR DRUG-RELATED DISABILITY. (a) Clarification.--Chapter 11 is amended-- (1) in section 1110, by striking ``drugs.'' and inserting ``drugs, even if the abuse is secondary to a service-connected disability.''; and (2) in section 1131, by striking ``drugs.'' and inserting ``drugs, even if the abuse is secondary to a service-connected disability.''. (b) Applicability.--The amendments made by subsection (a) shall apply to any claim-- (1) filed on or after the date of enactment of this Act; or (2) filed before the date of enactment of this Act and not finally decided as of that date. SEC. 6. ALTERNATIVE BENEFICIARIES FOR NATIONAL SERVICE LIFE INSURANCE AND UNITED STATES GOVERNMENT LIFE INSURANCE. (a) National Service Life Insurance.-- (1) Section 1917 is amended by adding at the end the following new subsection: ``(f)(1) Following the death of the insured and in a case not covered by subsection (d)-- ``(A) if the first beneficiary otherwise entitled to payment of the insurance does not make a claim for such payment within two years after the death of the insured, payment may be made to another beneficiary designated by the insured, in the order of precedence as designated by the insured, as if the first beneficiary had predeceased the insured; and ``(B) if, within four years after the death of the insured, no claim has been filed by a person designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment may (notwithstanding any other provision of law) be made to such person as may in the judgment of the Secretary be equitably entitled thereto. ``(2) Payment of insurance under paragraph (1) shall be a bar to recovery by any other person.''. (b) United States Government Life Insurance.--Section 1952 is amended by adding at the end the following new subsection: ``(c)(1) Following the death of the insured and in a case not covered by section 1950 of this title-- ``(A) if the first beneficiary otherwise entitled to payment of the insurance does not make a claim for such payment within two years after the death of the insured, payment may be made to another beneficiary designated by the insured, in the order of precedence as designated by the insured, as if the first beneficiary had predeceased the insured; and ``(B) if, within four years after the death of the insured, no claim has been filed by a person designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment may (notwithstanding any other provision of law) be made to such person as may in the judgment of the Secretary be equitably entitled thereto. ``(2) Payment of insurance under paragraph (1) shall be a bar to recovery by any other person.''. (c) Transition Provision.--In the case of a person insured under subchapter I or II of chapter 19, title 38, United States Code, who dies before the date of the enactment of this Act, the two-year and four-year periods specified in subsection (f)(1) of section 1917 of title 38, United States Code, as added by subsection (a), and subsection (c)(1) of section 1952 of such title, as added by subsection (b), as applicable, shall for purposes of the applicable subsection be treated as being the two-year and four-year periods, respectively, beginning on the date of the enactment of this Act. SEC. 7. TIME LIMITATION ON RECEIPT OF CLAIM INFORMATION PURSUANT TO REQUEST BY DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 5102 is amended by adding at the end the following new subsection: ``(c) Time Limitation.-- ``(1) If information that a claimant and the claimant's representative, if any, are notified under subsection (b) is necessary to complete an application is not received by the Secretary within one year from the date of such notification, no benefit may be paid or furnished by reason of the claimant's application. ``(2) This subsection shall not apply to any application or claim for Government life insurance benefits.''. (b) Repeal of Superseded Provisions.--Section 5103 is amended-- (1) by striking ``(a) Required Information and Evidence.-- ''; and (2) by striking subsection (b). (c) Effective Date.--The amendments made by this section shall take effect as if enacted on November 9, 2000, immediately after the enactment of the Veterans Claims Assistance Act of 2000 (Public Law 106-475; 114 Stat. 2096). SEC. 8. BURIAL PLOT ALLOWANCE. (a) Subsection (b) of section 2303 is amended-- (1) in the matter preceding paragraph (1), by striking ``a burial allowance under such section 2302, or under such subsection, who was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or who is a veteran of any war'' and inserting ``burial in a national cemetery under section 2402 of this title''; and (2) in paragraph (2), by striking ``(other than a veteran whose eligibility for benefits under this subsection is based on being a veteran of any war)'' and inserting ``is eligible for a burial allowance under section 2302 of this title or under subsection (a) of this section, or was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, and such veteran''. (b) Section 2307 is amended in the last sentence by striking ``and (b)'' and inserting ``and (b)(2)''. SEC. 9. PROVISION OF MARKERS FOR PRIVATELY MARKED GRAVES. (a) In General.--Subsection (d) of section 502 of the Veterans Education and Benefits Expansion Act of 2001 (Public Law 107-103; 115 Stat. 995), as amended by section 203 of the Veterans Benefits Act of 2002 (Public Law 107-330; 116 Stat. 2824), is further amended by striking ``September 11, 2001'' and inserting ``November 1, 1990''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of section 502 of Public Law 107-103. SEC. 10. EXPANSION OF BURIAL ELIGIBILITY FOR REMARRIED SPOUSES. (a) In General.--Paragraph (5) of section 2042 is amended by striking ``(which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce)'' and inserting ``(which for purposes of this chapter includes a surviving spouse who remarries following the veteran's death)''. (b) Effective Date.--The amendments made by subsection (a) shall apply to deaths occurring on or after the date of the enactment of this Act. SEC. 11. MAKE PERMANENT AUTHORITY FOR STATE CEMETERY GRANTS PROGRAM. (a) Permanent Authorization.--Paragraph (2) of section 2408(a) is amended-- (1) by striking ``for fiscal year 1999 and for each succeeding fiscal year through fiscal year 2004''; and (2) by adding at the end ``Funds appropriated under the preceding sentence shall remain available until expended.''. (b) Technical Amendment.--Subsection (e) of section 2408 is amended by striking ``Sums appropriated under subsection (a) of this section shall remain available until expended.''. SEC. 12. FORFEITURE OF BENEFITS FOR SUBVERSIVE ACTIVITIES. (a) Addition of Certain Offenses.--Paragraph (2) of section 6105(b) is amended by striking ``sections 792, 793, 794, 798, 2381, 2382, 2383, 2384, 2385, 2837, 2388, 2389, 2390, and chapter 105 of title 18'' and inserting ``sections 175, 229, 792, 793, 794, 798, 831, 1091, 2332a, 2332b, 2381, 2382, 2383, 2384, 2385, 2387, 2388, 2389, 2390, and chapter 105 of title 18''. (b) Effective Date.--The amendment made by subsection (a) shall apply to claims filed after the date of the enactment of this Act. SEC. 13. VETERANS' ADVISORY COMMITTEE ON EDUCATION. Section 3692 is amended-- (1) in subsection (a), by inserting ``as far as practicable'' after ``include''; (2) in subsections (a) and (b), by striking ``chapter 106'' and inserting ``chapter 1606'' both places it appears; and (3) in subsection (c), by striking ``2003'' and inserting ``2013''. SEC. 14. REPEAL OF EDUCATION LOAN PROGRAM. (a) Termination of Program.--No loans shall be made under subchapter III of chapter 36 after the date of the enactment of this Act, and such subchapter shall be repealed 90 days after such date of enactment. (b) Closing of Loan Fund.--All monies in the revolving fund established in the Treasury of the United States of America known as the ``Department of Veterans Affairs Education Loan Fund'' (the ``Fund'') on the day before the date of repeal of such subchapter III shall be transferred to the Department of Veterans Affairs Readjustment Benefits Account, and the Fund shall be closed. (c) Discharge of Liability.--The liability on any education loan debt outstanding under such subchapter III shall be discharged, and any overpayments declared under section 3698(e)(1) of that subchapter shall be waived without further process on the date funds are transferred as referred to in subsection (b) of this section. (d) Technical Amendment.--On the date of repeal of such subchapter III, as provided herein, the table of sections at the beginning of chapter 36 shall be amended by striking the items relating to subchapter III. (e) Conforming Amendments.-- (1) Chapter 34 is amended-- (A) by repealing paragraph (2) of section 3462(a); and (B) in paragraph (1) of section 3485(e), by striking ``(other than an education loan under subchapter III)''. (2) Section 3512 is amended by repealing subsection (f). (3) The amendments made by paragraphs (1)(B) and (2) shall take effect 90 days after the date of the enactment of this Act. SEC. 15. RESTORATION OF CHAPTER 35 EDUCATION BENEFITS OF CERTAIN INDIVIDUALS. (a) Restoration.--Subsection (h) of section 3512 is amended by inserting ``or is involuntarily ordered to full-time National Guard duty under section 502(f) of title 32'' following ``title 10''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as of September 11, 2001. SEC. 16. EXPANSION OF MONTGOMERY GI BILL EDUCATION BENEFITS FOR CERTAIN SELF-EMPLOYMENT TRAINING. (a) Self-Employment Training.--Subparagraph (B) of section 3002(3) is amended-- (1) in clause (i) by striking ``and''; (2) by adding at the end the following clause: ``(iii) a program of self-employment on-job training approved as provided in section 3677(d) of this title; and''. (b) Program Approval.--Section 3677 is amended-- (1) in subsections (a) and (c), by inserting ``self- employment on-job training or'' after ``(other than''; (2) in subsection (b)(1), by inserting ``described in subsection (a)'' after ``offering training''; and (3) by adding at the end the following new subsection: ``(d)(1) Any State approving agency may approve a program of self- employment on-job training for purposes of chapter 30 of this title only when it finds that the training is generally recognized as needed or accepted for purposes of obtaining licensure to engage in the self- employment occupation or is required for ownership and operation of a franchise that is the objective of the training. ``(2) The training entity offering the training for which approval is sought under this chapter must submit to the State approving agency a written application for approval, in the form and with the content as prescribed by the Secretary, which shall include such information as is required by the State approving agency. ``(3) As a condition for approving a program of self-employment on- job training, the State approving agency must find upon investigation that the following criteria are met: ``(A) The training content is adequate to qualify the eligible individual for the self-employment occupation that is the objective of the training. ``(B) The training consists of full-time training for a period of less than six months. ``(C) The length of the training period is not longer than that customarily required to obtain the knowledge, skills, and experience needed to successfully engage in the particular self-employment occupation that is the objective of the training. ``(D) The training entity has adequate instructional space, equipment, materials, and personnel to provide satisfactory training on the job. ``(E) The training entity keeps adequate records of each trainee's progress toward the self-employment objective and, at the end of the training period, issues a license, certificate, or other document recording the individual's successful completion of the training program. ``(F) The training entity and the self-employment on-job training program meet such other criteria as the Secretary may prescribe and as the State approving agency, with the Secretary's approval, may establish.''. (c) Conforming Amendment.--Paragraph (2) of section 3687(a) is amended by inserting ``subsections (a), (b), and (c) of'' before ``section 3677''. (d) Effective Date.--The amendments made by this section shall take effect on the date six months after the enactment of this Act and shall apply to self-employment on-job training approved and pursued on or after that date.

Veterans Programs Improvement Act of 2003 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 2003, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Makes the effective date for the award of death pension the same as that for the award of death compensation or dependency and indemnity compensation. Excludes lump-sum insurance proceeds from income for purposes of eligibility for veterans' pensions. Prohibits the payment of veterans' disability compensation for an alcohol- or drug-abuse related disability even if the the alcohol or drug abuse is secondary to a service-connected disability. Provides alternative beneficiaries for National Service Life Insurance and United States Government Life Insurance proceeds when the first beneficiary does not make a claim. Provides burial benefit eligibility for a veteran's surviving spouse who remarries following the veteran's death. Makes permanent the authority for the State cemetery grants program. Repeals the Department of Veterans Affairs Education Loan program. Includes self-employment training under the Montgomery GI Bill.

A bill to amend title 38, United States Code, to improve the authorities of the Department of Veterans Affairs relating to compensation, dependency and indemnity compensation, pension, education benefits, life insurance benefits, and memorial benefits, to improve the administration of benefits for veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Nonproliferation Amendments Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Director of Central Intelligence's most recent Unclassified Report to Congress on the Acquisition of Technology Relating to Weapons of Mass Destruction and Advanced Conventional Munitions, 1 July Through 31 December 2003, states ``Russian entities during the reporting period continued to supply a variety of ballistic missile-related goods and technical know-how to countries such as Iran, India, and China. Iran's earlier success in gaining technology and materials from Russian entities helped accelerate Iranian development of the Shahab-3 MRBM, and continuing Russian entity assistance has supported Iranian efforts to develop new missiles and increase Tehran's self-sufficiency in missile production.'' (2) Vice Admiral Lowell E. Jacoby, the Director of the Defense Intelligence Agency, stated in testimony before the Select Committee on Intelligence of the Senate on February 16, 2005, that ``Tehran probably will have the ability to produce nuclear weapons early in the next decade''. (3) Iran has-- (A) failed to act in accordance with the Agreement Between Iran and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, done at Vienna June 19, 1973 (commonly referred to as the ``Safeguards Agreement''); (B) acted in a manner inconsistent with the Protocol Additional to the Agreement Between Iran and the International Atomic Energy Agency for the Application of Safeguards, signed at Vienna December 18, 2003 (commonly referred to as the ``Additional Protocol''); (C) acted in a manner inconsistent with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly referred to as the ``Nuclear Non-Proliferation Treaty''); and (D) resumed uranium conversion activities, thus ending the confidence building measures it adopted in its November 2003 agreement with the foreign ministers of the United Kingdom, France, and Germany. (4) On September 24, 2005, the Board of Governors of the International Atomic Energy Agency (IAEA) formally declared that Iranian actions constituted noncompliance with its nuclear safeguards obligations, and that Iran's history of concealment of its nuclear activities has given rise to questions that are within the purview of the United Nations Security Council. (5) The executive branch has on multiple occasions used the authority provided under section 3 of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) to impose sanctions on entities that have engaged in activities in violation of restrictions in the Act relating to-- (A) the export of equipment and technology controlled under multilateral export control lists, including under the Australia Group, Chemical Weapons Convention, Missile Technology Control Regime, Nuclear Suppliers Group, and the Wassenaar Arrangement or otherwise having the potential to make a material contribution to the development of weapons of mass destruction or cruise or ballistic missile systems to Iran; and (B) the export of other items to Iran with the potential of making a material contribution to Iran's weapons of mass destruction programs or on United States national control lists for reasons related to the proliferation of weapons of mass destruction or missiles. (6) The executive branch has never made a determination pursuant to section 6(b) of the Iran Nonproliferation Act of 2000 that-- (A) it is the policy of the Government of the Russian Federation to oppose the proliferation to Iran of weapons of mass destruction and missile systems capable of delivering such weapons; (B) the Government of the Russian Federation (including the law enforcement, export promotion, export control, and intelligence agencies of such government) has demonstrated and continues to demonstrate a sustained commitment to seek out and prevent the transfer to Iran of goods, services, and technology that could make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems; and (C) no entity under the jurisdiction or control of the Government of the Russian Federation, has, during the 1-year period prior to the date of the determination pursuant to section 6(b) of such Act, made transfers to Iran reportable under section 2(a) of the Act. (7) On June 29, 2005, President George W. Bush issued Executive Order 13382 blocking property of weapons of mass destruction proliferators and their supporters, and used the authority of such order against 4 Iranian entities, Aerospace Industries Organization, Shahid Hemmat Industrial Group, Shahid Bakeri Industrial Group, and the Atomic Energy Organization of Iran, that have engaged, or attempted to engage, in activities or transactions that have materially contributed to, or pose a risk of materially contributing to, the proliferation of weapons of mass destruction or their means of delivery (including missiles capable of delivering such weapons), including efforts to manufacture, acquire, possess, develop, transport, transfer, or use such items. SEC. 3. AMENDMENTS TO IRAN NONPROLIFERATION ACT OF 2000 RELATED TO INTERNATIONAL SPACE STATION PAYMENTS. (a) Treatment of Certain Payments.--Section 7(1)(B) of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended-- (1) by striking the period at the end and inserting a comma; and (2) by adding at the end the following: ``except that such term does not mean payments in cash or in kind made or to be made by the United States Government prior to January 1, 2012, for work to be performed or services to be rendered prior to that date necessary to meet United States obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto.''. (b) Exception.--Section 6(h) of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by inserting after ``extraordinary payments in connection with the International Space Station'' the following: ``, or any other payments in connection with the International Space Station,''. (c) Reporting Requirements.--Section 6 of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by adding at the end the following new subsection: ``(i) Report on Certain Payments Related to International Space Station.-- ``(1) In general.--The President shall, together with each report submitted under section 2(a), submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report that identifies each Russian entity or person to whom the United States Government has, since the date of the enactment of the Iran Nonproliferation Amendments Act of 2005, made a payment in cash or in kind for work to be performed or services to be rendered under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto. ``(2) Content.--Each report submitted under paragraph (1) shall include-- ``(A) the specific purpose of each payment made to each entity or person identified in the report; and ``(B) with respect to each such payment, the assessment of the President that the payment was not prejudicial to the achievement of the objectives of the United States Government to prevent the proliferation of ballistic or cruise missile systems in Iran and other countries that have repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)).''. SEC. 4. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000 TO MAKE SUCH ACT APPLICABLE TO IRAN AND SYRIA. (a) Reports on Proliferation Relating to Iran or Syria.--Section 2 of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended-- (1) in the heading, by striking ``TO IRAN'' and inserting ``RELATING TO IRAN AND SYRIA''; and (2) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by inserting ``or acquired from'' after ``transferred to''; and (ii) by inserting after ``Iran'' the following: ``, or on or after January 1, 2005, transferred to or acquired from Syria''; and (B) in paragraph (2), by inserting after ``Iran'' the following: ``or Syria, as the case may be,''. (b) Determination Exempting Foreign Persons From Certain Measures.--Section 5(a) of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended-- (1) in paragraph (1), by striking ``transfer to Iran'' and inserting ``transfer to or acquire from Iran or Syria, as the case may be,''; and (2) in paragraph (2), by striking ``Iran's efforts'' and inserting ``the efforts of Iran or Syria, as the case may be,''. (c) Restriction on Extraordinary Payments in Connection With the International Space Station.--Section 6(b) of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended-- (1) in the heading, by striking ``to Iran'' and inserting ``Relating to Iran and Syria''; (2) in paragraphs (1) and (2), by striking ``to Iran'' each place it appears and inserting ``to or from Iran and Syria''; and (3) in paragraph (3), by striking ``to Iran'' and inserting ``to or from Iran or Syria''. (d) Definitions.--Section 7(2) of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended-- (1) in subparagraph (C) to read as follows: ``(C) any foreign government, including any foreign governmental entity; and''; and (2) in subparagraph (D), by striking ``subparagraph (B) or (C)'' and inserting ``subparagraph (A), (B), or (C), including any entity in which any entity described in any such subparagraph owns a controlling interest''. (e) Short Title.-- (1) Amendment.--Section 1 of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by striking ``Iran Nonproliferation Act of 2000'' and inserting ``Iran and Syria Nonproliferation Act''. (2) References.--Any reference in a law, regulation, document, or other record of the United States to the Iran Nonproliferation Act of 2000 shall be deemed to be a reference to the Iran and Syria Nonproliferation Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Iran Nonproliferation Amendments Act of 2005 - Amends the Iran Nonproliferation Act of 2000 to state that the definition of "extraordinary payments in connection with the International Space Station" does not mean payments in cash or in kind made or to be made by the U.S. government prior to January 1, 2012, for work to be performed or services to be rendered prior to that date necessary to meet U.S. obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto. (Under such Act the United States is prohibited from making such payments to the Russian Aviation and Space Agency unless specified determinations are made with respect to Russian cooperation in preventing proliferation to Iran, or to a foreign person identified as contributing to proliferation to Iran.) Prohibits any U.S. agency from making extraordinary payments and any other payments (currently, such prohibition is limited to extraordinary payments) in connection with the International Space Station to a foreign person subject to specified measures under such Act or Executive Order No. 12938. Directs the President to submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report that identifies each Russian entity or person to whom the United States has, since the date of enactment of this Act, made a cash or in-kind payment under the Agreement. Requires such report to include: (1) the purpose of each payment; and (2) with respect to each such payment, an assessment that the payment was not prejudicial to preventing the proliferation of ballistic or cruise missile systems in Iran and other countries that have supported acts of international terrorism. Applies the provisions of such Act to: (1) Syria with respect to transfers on or after January 1, 2005; and (2) transfers to or from such countries (currently, limited to transfers to Iran). Redefines "foreign person" or "person" to include any foreign government or government entity (currently, any governmental entity operating as a business enterprise). Retitles the Iran Nonproliferation Act of 2002 as the Iran and Syria Nonproliferation Act.

An act to make amendments to the Iran Nonproliferation Act to 2000 related to International Space Station payments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Service Entrepreneurial Management Reform Act of 1994''. SEC. 2. FEES. (a) Admission Fees.--Section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended as follows: (1) In the first sentence of paragraph (1)(A)(i), by striking ``$25'' and inserting ``$40''. (2) By amending the second sentence of paragraph (1)(A)(i) to read as follows: ``The permittee and the accompanying spouse, children, and parents of the permittee shall be entitled to general admission into any area designated pursuant to this section.''. (3) By modifying the margin of clause (ii) of paragraph (1)(A) to align with the margin of clause (i). (4) By inserting at the end of clause (ii) of paragraph (1)(A) the following: ``Such receipts shall be made available, subject to appropriation, for authorized resource protection, rehabilitation, and conservation projects as provided for by subsection (i), including projects to be carried out by the Public Land Corps or any other conservation corps pursuant to the Youth Conservation Corps Act of 1970 (16 U.S.C. 1701 and following), or other related programs or authorities, on lands administered by the Secretary of the Interior and the Secretary of Agriculture.''. (5) In paragraph (1)(B), by striking ``$15'' and inserting ``$25'' and by adding at the end the following new sentence: ``Any amount by which the fee for such an annual permit exceeds $15 shall be credited to the appropriation account of the unit of the National Park System that collected the fee, shall be available to the unit without further appropriation, and shall remain available until expended.''. (6) In paragraph (2), by inserting ``(A)'' after ``(2)'', by striking the fifth and sixth sentences, by amending the fourth sentence to read as follows: ``The fee for a single- visit permit at any designated area shall be not more than $6 per person for persons entering by any means, except that the fee shall not exceed $20 for all persons entering a designated area in a single noncommercial vehicle.'', and by adding at the end the following new subparagraph: ``(B) The Secretary shall establish a pilot project at Yosemite National Park that utilizes incentives, including waiving or reducing admission fees, to encourage use of public transit which serves the purpose of reducing vehicular traffic within Yosemite National Park.''. (7) In paragraph (3), by striking the last sentence. (8) In paragraph (4), by striking ``No other free permits shall be issued to any person'' and inserting ``No other free permits shall be issued to any person, except as otherwise provided by this subsection''. (9) In paragraph (4), by amending the second sentence to read as follows: ``Such permit shall be nontransferable, shall be issued for a one-time charge of $10, and shall entitle the permittee and the accompanying spouse of the permitee to general admission into any area designated pursuant to this subsection.''. (10) In paragraph (6) by striking ``on Interior and Insular Affairs'' and inserting ``on Natural Resources''. (11) In paragraph (9), by striking ``San Juan National Historic Site, and Canaveral National Seashore'' and inserting ``and San Juan National Historic Site'' and by adding the following at the end thereof: ``The Secretary of the Interior shall submit a report to the Congress within 6 months after the enactment of this sentence respecting the areas at which the Secretary determines admission fees would be appropriate but at which such fees are prohibited by law and respecting each area at which such fees are authorized but not being collected (including an explanation of the reasons that such fees are not being collected).''. (12) By amending paragraph (11) to read as follows: ``(11) In the case of Yellowstone and Grand Teton National Parks, a single-visit fee collected at one unit shall also admit the person who paid such fee for a single visit to the other unit.''. (b) Penalty.--Section 4(e) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by striking ``$100'' and inserting ``$1,000''. (c) Technical Amendments.--(1) Section 4(h) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by striking ``on Interior and Insular Affairs of the United States House of Representatives and United States Senate'' and inserting ``on Natural Resources of the United States House of Representatives and on Energy and Natural Resources of the United States Senate'', by striking ``Bureau of Outdoor Recreation'' and inserting ``National Park Service'', and by striking ``Bureau'' and inserting ``National Park Service''. (2) Section 4(g) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by striking ``or charges for commercial or other activities not related to recreation''. (d) Use of Fees.--Section 4(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended as follows: (1) By inserting ``Use of Fees.--'' after ``(i)''. (2) In the first sentence of paragraph (1)(B), by striking ``fee collection costs for that fiscal year'' and inserting ``fee collection costs for the immediately preceding fiscal year'' and by striking ``section in that fiscal year'' and inserting ``section in such immediately preceding fiscal year''. (3) In the second sentence of paragraph (1)(B), by striking ``in that fiscal year''. (4) In paragraph (1), by adding at the end the following new subparagraph: ``(C) Notwithstanding subparagraph (A) and notwithstanding any other provision of law, for fiscal years after fiscal year 1995, the amount by which the receipts collected pursuant to this section by the National Park Service (except for the portion of fee receipts withheld as provided in subparagraph (B) for fee collection costs) exceeds the receipts collected pursuant to this section by the National Park Service in fiscal year 1993 shall be covered into a special fund established in the Treasury of the United States to be known as the `National Park Renewal Fund'. Amounts in such fund shall be available to the Secretary of the Interior, without further appropriation, for resource protection, research, interpretation, and maintenance activities related to resource protection and visitor enjoyment in areas managed by the National Park Service and shall be allocated among national park system units in accordance with subsection (j). Such amounts shall remain available until expended. The Secretary shall develop procedures for the use of amounts in the fund that ensure accountability and demonstrated results consistent with the purposes of this Act. Beginning after the first full fiscal year following enactment of this subparagraph, the Secretary shall submit an annual report to Congress, on a unit-by-unit basis, detailing the fees receipts collected pursuant to this section and the expenditures of such receipts.''. (e) Time of Reimbursement.--Section 4(k) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by striking the last sentence. (f) Fees for Special Uses.--Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by adding the following new subsection at the end: ``(o) Fees for Special Uses.--The Secretary of the Interior shall establish reasonable fees for nonrecreational uses of national park system units that require special arrangements, including permits. The fees shall be set at such level as the Secretary deems necessary to insure that the United States will receive fair market value for the use of the area concerned and shall, at a minimum, cover all costs of providing necessary services associated with such special uses, except that the Secretary may, in his discretion, waive or reduce such fees in the case of any nonprofit organization or any organization using an area within the national park system for educational or park-related purposes. Notwithstanding any other provision of law, the Secretary shall retain so much of the revenue from such fees as is equal to fee collection costs and the costs of providing the necessary services associated with such special uses. Such retained amounts shall be credited to the appropriation account for the national park system unit concerned and shall remain available until expended, beginning in the fiscal year in which the amounts are so credited.''. (g) Admission or Recreation Use Fees.--Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by adding the following new subsection at the end: ``(p) Admission or Recreation Use Fees.--Notwithstanding any other provision of law, no admission or recreation use fee of any kind shall be charged or imposed for entrance into, or use of, any federally owned area operated and maintained by a Federal agency and used for outdoor recreation purposes, except as provided for by this Act.''. SEC. 3. CHALLENGE COST-SHARE AGREEMENTS. (a) Agreements.--The Secretary of the Interior is authorized to negotiate and enter into challenge cost-share agreements with cooperators. For purposes of this section-- (1) The term ``challenge cost-share agreement'' means any agreement entered into between the Secretary and any cooperator for the purpose of sharing costs or services in carrying out any authorized functions and responsibilities of the Secretary with respect to any unit of the national park system (as defined in section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1b-1c)), any affiliated area, or any designated national scenic or historic trail. (2) The term ``cooperator'' means any State or local government, public or private agency, organization, institution, corporation, individual, or other entity. (b) Use of Federal Funds.--In carrying out challenge cost-share agreements, the Secretary is authorized, subject to appropriation, to provide the Federal funding share from any funds available to the National Park Service. SEC. 4. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES. Notwithstanding any other provision of law, any funds payable to United States as restitution on account of damage to national park resources or property shall be paid to the Secretary of the Interior. Any such funds, and any other funds received as a result of forfeiture, compromise, or settlement on account of damage to national park resources or property shall be credited to the appropriation account for the national park system unit concerned and shall be available, without further appropriation, for expenditure by the Secretary, without regard to fiscal year limitation, to improve, protect, or rehabilitate any park resources or property which have been damaged by the action of a permittee or any unauthorized person.

National Park Service Entrepreneurial Management Reform Act of 1994 - Amends the Land and Water Conservation Fund Act of 1965 to increase fees for admission to units of the National Park System (NPS) and other specified areas. Makes receipts from admission available, subject to appropriation, for authorized resource protection, rehabilitation, and conservation projects. (Sec. 2) Requires the Secretary of the Interior to establish a pilot project at Yosemite National Park that utilizes incentives, including waiving or reducing admission fees, to encourage use of public transit which serves the purpose of reducing vehicular traffic within such park. Revises provisions regarding the issuance of lifetime admission permits, including a limitation that such a permit entitles only the permittee and the accompanying spouse to free admission. Directs the Secretary to report to the Congress respecting areas where the Secretary determines that admission fees would be appropriate but where such fees are prohibited by law, and areas where such fees are authorized but not being collected. Increases the penalty for violations of rules and regulations regarding admission and special recreation use fees. Modifies provisions regarding the use of fees collected. Requires that specified receipts be covered into a special National Park Renewal Fund. Makes such funds available for resource protection, research, interpretation, and maintenance activities related to resource protection and visitor enjoyment in areas managed by the National Park Service. Repeals a requirement that qualified public or private entities selling annual admission permits reimburse the United States for the full amount to be received from the sale of such permits when or before the agency delivers the permits to such entity for sale. Directs the Secretary to establish reasonable fees for nonrecreational uses of NPS units that require special arrangements. Prohibits charging an admission or recreation use fee for entrance into, or use of, any federally owned area operated and maintained by a Federal agency which is used for outdoor recreation purposes, except as provided for by such Act. (Sec. 3) Authorizes the Secretary to: (1) negotiate and enter into agreements with State or local governments, individuals, or other entities for the purpose of sharing costs or services in carrying out authorized functions and responsibilities of the Secretary with respect to NPS units; and (2) provide, subject to appropriation, the Federal funding share from any funds available to the National Park Service in carrying out such agreements. (Sec. 4) Requires any funds payable to the United States as restitution for damages to national park resources or property to be paid to the Secretary and made available for improvement, protection, or rehabilitation of damaged resources or property.

National Park Service Entrepreneurial Management Reform Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Citizens Voting Rights Act of 1996''. SEC. 2. EXTENSION OF PERIOD FOR RECEIPT OF ABSENTEE BALLOTS. Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended-- (1) by striking out ``and'' at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(4) permit absentee ballots to be received at least until the close of polls on election day.''. SEC. 3. EXTENSION OF FEDERAL WRITE-IN ABSENTEE BALLOT PROVISIONS TO SPECIAL, PRIMARY, AND RUNOFF ELECTIONS. (a) In General.--Section 103(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) is amended-- (1) by inserting after ``general'' the following: ``, special, primary, and runoff''; and (2) by striking out ``States,'' and inserting in lieu thereof ``State''. (b) Special Rules.--Section 103(c) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(c)) is amended-- (1) in paragraph (1), by inserting after ``candidate or'' the following: ``, with respect to a general or special election,''; and (2) in paragraph (2), by inserting after ``candidate or'' the following: ``with respect to a general election''. (c) Use of Approved State Absentee Ballot in Place of Federal Write-in Absentee Ballot.--Section 103(e) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(e)) is amended by striking out ``a general'' and inserting in lieu thereof ``an''. (d) Certain States Exempted.--Section 103(f) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(f)) is amended by striking out ``general'' each place it appears. (e) Effective Date.--The amendments made by this section shall apply with respect to elections taking place after December 31, 1996. SEC. 4. USE OF ELECTRONIC RETURN OF ABSENTEE BALLOTS. (a) In General.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended-- (1) by striking out ``and'' at the end of paragraph (8); (2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(10) in consultation with the Presidential designee, consider means for providing for expeditious methods for the return of absentee ballots, including return by electronic transmittal, with maximum regard for ballot secrecy, audit procedures, and other considerations relating to the integrity of the election process.''. (b) Secrecy and Verification of Electronically Transmitted Ballots.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended-- (1) by striking out ``To afford'' and inserting in lieu thereof ``(a) In General.--To afford''; and (2) by adding at the end the following new subsection: ``(b) Secrecy and Verification of Electronically Transmitted Ballots.--No electronic transmittal or related procedure under subsection (a)(10) that is paid for, in whole or in part, with Federal funds may be carried out in any manner that (1) permits any person other than the voter to view a completed ballot, or (2) otherwise compromises ballot secrecy. At the earliest possible opportunity, the original of each completed ballot that is transmitted electronically shall be submitted in a secrecy envelope to the applicable location in the State involved.'' SEC. 5. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS. (a) In General.--The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by adding at the end the following new sections: ``SEC. 108. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS. ``(a) In General.--Each State, in cooperation with the Presidential designee, shall establish a system for electronic transmittal of balloting materials for overseas voters. The system shall provide for-- ``(1) electronic transmittal as an alternative method for transmittal of balloting materials to overseas voters; ``(2) use of the format of the official post card form prescribed under section 101 (or the format of any other registration form provided for under State law) for purposes of absentee voter registration application and absentee ballot application, with the condition that a State may require receipt of a form with an original signature before the ballot of the voter is counted; ``(3) furnishing of absentee ballots by electronic transmittal, from locations within the State, as selected by the chief State election official, to overseas voters who request such transmittal; and ``(4) special alternative methods of transmittal of balloting materials for use only when required by an emergency declared by the President or the Congress. ``(b) Funding Requirement.--The requirements of subsection (a) shall apply to a State with respect to an election-- ``(1) if there is full payment by the Federal Government of any additional cost incurred by the State after the date of the enactment of this Act for the implementation of such subsection (a), with such costs to be determined by the Presidential designee and the chief State election official, acting jointly; or ``(2) in any case of less than full payment, as described in paragraph (1), if the State, in the manner provided for under the law of the State, agrees to the application of such requirements. ``SEC. 109. NOTIFICATION REQUIREMENT FOR APPROVAL OF ELECTRONIC TRANSMITTAL METHOD. ``The Presidential designee may not approve use of any method of electronic transmittal for purposes of this Act, unless, not later than 90 days before the effective date of the approval, the Presidential designee submits to the Congress a detailed report describing the method.''. (b) Definition Amendment.--Section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is amended-- (1) by striking out ``and'' at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(9) the term `electronic transmittal' means, with respect to balloting materials, transmittal by facsimile machine or other electronic method approved by the Presidential designee.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections taking place after December 31, 1996. SEC. 6. REPORT PROVISION. Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(6)) is amended-- (1) by striking out ``participation and'' and inserting in lieu thereof ``participation,''; and (2) by inserting before the period at the end the following: ``, and a separate analysis of electronic transmittal of balloting materials''. Passed the House of Representatives May 14, 1996. Attest: ROBIN H. CARLE, Clerk.

Overseas Citizens Voting Rights Act of 1996 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to require each State to allow absentee ballots to be received at least until the closing of polls on election day. (Sec. 3) Extends the Federal write-in ballot provisions to include special, primary, and run-off elections. (Sec. 4) Recommends that the States consider, with respect to absent uniformed services voters and overseas voters, means to provide for the expeditious return of absentee ballots, including return by electronic transmittal. (Sec. 5) Requires each State to establish a system for electronic transmittal of balloting materials for overseas voters. Sets forth provisions concerning system requirements, including funding and notification requirements.

Overseas Citizens Voting Rights Act of 1996

SECTION 1. SHORT TITLE. This Act may cited as the ``District of Columbia Full Self- Government Act''. TITLE I--STATUS OF THE DISTRICT OF COLUMBIA SEC. 101. STATUS OF THE DISTRICT. (a) In General.--All of the territory constituting the permanent seat of the Government of the United States shall continue to be designated as the District of Columbia. The District of Columbia shall remain and continue a body corporate, as provided in section 2 of the Revised Statutes relating to the District (sec. 1-102, D.C. Official Code). (b) No Effect on Existing Laws.--No law or regulation which is in force on the effective date of this Act shall be deemed amended or repealed by this Act except to the extent specifically provided herein or to the extent that such law or regulation is inconsistent with this Act, but any such law or regulation may be amended or repealed by act or resolution as authorized in this Act, or by Act of Congress. (c) No Effect on Boundary Line.--Nothing contained in this section shall affect the boundary line between the District of Columbia and the Commonwealth of Virginia as the same was established or may be subsequently established under the provisions of title I of the Act of October 31, 1945 (59 Stat. 552). SEC. 102. LEGISLATIVE POWER OF DISTRICT OF COLUMBIA. Except as provided in section 202, the legislative power of the District of Columbia shall extend to all rightful subjects of legislation within the District consistent with the Constitution of the United States and the provisions of this Act subject to all the restrictions and limitations imposed upon the States by the tenth section of the first article of the Constitution of the United States. TITLE II--LEGISLATIVE BRANCH SEC. 201. ESTABLISHMENT OF THE COUNCIL. (a) Establishment.--There is established a Council of the District of Columbia (hereafter in this Act referred to as the ``Council''), and the members of the Council shall be elected by the registered qualified electors of the District. (b) Powers, Organization, and Procedure.--The powers, organization, and procedure of the Council shall be set forth under such laws as may be enacted by the District of Columbia consistent with the provisions of this Act. SEC. 202. LIMITATIONS ON AUTHORITY. The Council shall have no authority to pass any act contrary to the provisions of this Act except as specifically provided in this Act, or to-- (1) impose any tax on property of the United States or any of the several States; (2) lend the public credit for support of any private undertaking; (3) enact any act, or enact any act to amend or repeal any Act of Congress, which concerns the functions or property of the United States or which is not restricted in its application exclusively in or to the District of Columbia; (4) enact any act, resolution, or rule with respect to any provision of title 11 of the District of Columbia Official Code (relating to organization and jurisdiction of the District of Columbia courts); (5) impose any tax on the whole or any portion of the personal income, either directly or at the source thereof, of any individual not a resident of the District (the terms ``individual'' and ``resident'' in this paragraph to have the meaning given such terms in section 47-1801.04, D.C. Official Code); (6) enact any act, resolution, or rule which permits the building of any structure within the District of Columbia in excess of the height limitations contained in section 5 of the Act of June 1, 1910 (sec. 5-405, D.C. Official Code), and in effect on the effective date of this Act; (7) enact any act, resolution, or regulation with respect to the Commission of Mental Health; (8) enact any act or regulation relating to the United States District Court for the District of Columbia or any other court of the United States in the District other than the District courts, or relating to the duties or powers of the United States attorney or the United States Marshal for the District of Columbia; or (9) enact any act, resolution, or rule with respect to the District of Columbia Financial Responsibility and Management Assistance Authority established under section 101(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995. TITLE III--EXECUTIVE BRANCH SEC. 301. OFFICE OF THE MAYOR. (a) Establishment.--There is established the Office of the Mayor of the District of Columbia, and the Mayor shall be elected by the registered qualified electors of the District. (b) Powers and Duties.--The powers and duties of the Mayor of the District of Columbia, and the organization of the Office of the Mayor of the District of Columbia, shall be set forth under such laws as may be enacted by the District of Columbia consistent with the provisions of this Act. SEC. 302. TREATMENT OF EMPLOYEES FORMERLY COVERED BY FEDERAL CIVIL SERVICE SYSTEM. In the case of persons employed by the District government immediately preceding the effective date of the personnel system established by the District government pursuant to section 422(3) of the District of Columbia Home Rule Act, the personnel system of the District government may provide for continued participation in all or part of the Federal Civil Service System and shall provide for benefits, including but not limited to pay, tenure, leave, residence, retirement, health and life insurance, and employee disability and death benefits, all at least equal to those provided by legislation enacted by Congress, or regulation adopted pursuant thereto, and applicable to such officers and employees immediately prior to such date, except that nothing in this Act shall prohibit the District from separating an officer or employee subject to such system in the implementation of a financial plan and budget for the District government approved under subtitle A of title II of the District of Columbia Financial Responsibility and Management Assistance Act of 1995. SEC. 303. RESTRICTIONS ON CERTAIN MUNICIPAL PLANNING ACTIVITIES. The Mayor's planning responsibility shall not extend to Federal and international projects and developments in the District, as determined by the National Capital Planning Commission, or to the United States Capitol buildings and grounds as defined in chapter 51 of title 40, United States Code, or to any extension thereof or addition thereto, or to buildings and grounds under the care of the Architect of the Capitol. SEC. 304. EMERGENCY CONTROL OF METROPOLITAN POLICE DEPARTMENT. (a) Authority of President To Exercise Control in Emergencies.-- (1) Authority.--Notwithstanding any other provision of law, whenever the President of the United States determines that special conditions of an emergency nature exist which require the use of the Metropolitan Police force for Federal purposes, he may direct the Mayor to provide him, and the Mayor shall provide, such services of the Metropolitan Police force as the President may deem necessary and appropriate. (2) Limitation of duration of authority.--In no case shall services made available pursuant to any direction of the President under this subsection extend-- (A) for a period in excess of 48 hours unless the President has, prior to the expiration of such period, notified the chairman and ranking minority member of the Committee on Oversight and Government Reform of the House of Representatives and the chairman and ranking minority member of the Committee on Homeland Security and Governmental Affairs of the Senate, in writing, as to the reason for such direction and the period of time during which the need for such services is likely to continue; or (B) for any period in excess of 30 days, unless the Senate and the House of Representatives enact into law a joint resolution authorizing such an extension. (b) Termination.-- (1) In general.--Subject to paragraph (2), the services made available in accordance with subsection (a) shall terminate upon the end of such emergency, the expiration of a period of 30 days following the date on which such services are first made available, or the enactment into law of a joint resolution by the Congress providing for such termination, whichever first occurs. (2) Special rule in case of adjournment of congress sine die.--Notwithstanding paragraph (1), in any case in which services are made available in accordance with subsection (a) during any period of an adjournment of the Congress sine die, such services shall terminate upon the end of the emergency, the expiration of the 30-day period following the date on which Congress first convenes following such adjournment, or the enactment into law of a joint resolution by the Congress providing for such termination, whichever first occurs. TITLE IV--JUDICIAL BRANCH SEC. 401. JUDICIAL BRANCH. The judicial powers of the District of Columbia, and the provisions of the charter of the District of Columbia government which are applicable to the judges and courts of the District of Columbia, shall be those set forth in part C of title IV of the District of Columbia Home Rule Act (sec. 1-204.31 et seq., D.C. Official Code), as in effect on the effective date of this Act. TITLE V--BUDGET AND FINANCIAL MANAGEMENT SEC. 501. APPLICATION OF LAWS ESTABLISHED BY DISTRICT OF COLUMBIA. (a) Budget and Financial Management.--Subject to this Act, the process by which the District of Columbia develops and enacts the budget for the District government for a fiscal year, and the activities carried out with respect to the financial management of the District government for a fiscal year, shall be established under such laws as may be enacted by the District. (b) Borrowing.--Subject to this Act, the process and rules by which the District of Columbia issues bonds or otherwise borrows money shall be established under such laws as may be enacted by the District. SEC. 502. FULL FAITH AND CREDIT OF UNITED STATES NOT PLEDGED. The full faith and credit of the United States is not pledged for the payment of any principal of or interest on any bond, note, or other obligation issued by the District of Columbia, and the United States is not responsible or liable for the payment of any principal of or interest on any bond, note, or other obligation issued by the District. SEC. 503. FEDERAL TAX EXEMPTION. Bonds and notes issued by the District of Columbia and the interest thereon shall be exempt from all Federal taxation except estate, inheritance, and gift taxes. SEC. 504. LEGAL INVESTMENT IN BONDS AND NOTES ISSUED BY DISTRICT OF COLUMBIA. Notwithstanding any restriction on the investment of funds by fiduciaries contained in any other law, all domestic insurance companies, domestic insurance associations, executors, administrators, guardians, trustees, and other fiduciaries within the District of Columbia may legally invest any sinking funds, moneys, trust funds, or other funds belonging to them or under or within their control in any bonds issued by the District of Columbia. National banking associations are authorized to deal in, underwrite, purchase and sell, for their own accounts or for the accounts of customers, bonds and notes issued by the District to the same extent as national banking associations are authorized by paragraph seven of section 5136 of the Revised Statutes (12 U.S.C. 24), to deal in, underwrite, purchase and sell obligations of the United States, States, or political subdivision thereof. All Federal building and loan associations and Federal savings and loan associations, and banks, trust companies, building and loan associations, and savings and loan associations, domiciled in the District may purchase, sell, underwrite, and deal in, for their own account or for the account of others, all bonds or notes issued by the District of Columbia. Nothing contained in this section shall be construed as relieving any person, firm, association, or corporation from any duty of exercising due and reasonable care in selecting securities for purchase or investment. TITLE VI--RETENTION OF FEDERAL AUTHORITIES SEC. 601. RETENTION OF CONGRESSIONAL AUTHORITY. Notwithstanding any other provision of this Act, Congress reserves the right, at any time, to exercise its constitutional authority as legislature for the District of Columbia, by enacting legislation for the District on any subject, whether within or without the scope of legislative power granted to the Council by this Act, including legislation to amend or repeal any law in force in the District prior to or after the effective date of this Act and any act passed by the Council. SEC. 602. LIMITATION ON AUTHORITY OF DISTRICT OVER CERTAIN AGENCIES. Nothing in this Act shall be construed as vesting in the District of Columbia government any greater authority over the National Zoological Park, the National Guard of the District of Columbia, the Washington Aqueduct, the National Capital Planning Commission, or over any Federal agency, than was vested in the Commissioner of the District of Columbia established under Reorganization Plan Numbered 3 of 1967 prior to January 2, 1975. TITLE VII--TERMINATION OF EXISTING CHARTER; TRANSITION SEC. 701. TERMINATION OF EXISTING CHARTER. (a) In General.--Except as provided in section 401 and subsection (b), the District of Columbia Home Rule Act (sec. 1-201.01 et seq., D.C. Official Code) is repealed. (b) No Effect on Amendatory Provisions.--Nothing in subsection (a) shall be construed to affect any provision of law which is amended or repealed by the District of Columbia Home Rule Act. SEC. 702. NO EFFECT ON EXISTING OBLIGATIONS. (a) Budgets.--Nothing in this Act or in the amendment made by section 701 may be construed to relieve the District of Columbia of any contractual or other financial obligations incurred by the District under a budget enacted for a fiscal year prior to the effective date of this Act. (b) Borrowing.--Nothing in this Act or in the amendment made by section 701 may be construed-- (1) to relieve the District of Columbia of any obligation incurred with respect to bonds or other forms of borrowing issued prior to the effective date of this Act; or (2) to waive the application to the District of Columbia of any other Federal law governing the borrowing of funds by States or units of local government, including the Internal Revenue Code of 1986. SEC. 703. NO EFFECT ON INDIVIDUALS HOLDING POSITIONS WITHIN DISTRICT GOVERNMENT. Nothing in this Act or in the amendment made by section 701 may be construed to affect the status of any individual who holds elective or appointed office in, or is an officer or employee of, the government of the District of Columbia as of the effective date of this Act. SEC. 704. NO EFFECT ON PENDING ACTIONS OR PROCEEDINGS. No suit, action, or other judicial proceeding lawfully commenced by or against any officer or agency in his or its official capacity or in relation to the exercise of his or its official functions, and no administrative action or proceeding lawfully commenced, shall abate by reason of this Act or the amendment made by section 701. TITLE VIII--EFFECTIVE DATE SEC. 801. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the effective date of legislation enacted by the District of Columbia after the date of the enactment of this Act which establishes-- (1) the powers, organization, and procedure of the Council of the District of Columbia; and (2) the powers and duties of the Mayor of the District of Columbia, and the organization of the Office of the Mayor of the District of Columbia.

District of Columbia Full Self-Government Act - Declares that: (1) this Act shall have no effect on existing law or regulation unless otherwise repealed or amended by this Act or an Act of Congress; and (2) the legislative power of the District shall extend to all rightful subjects of legislation within the District consistent with the U.S. Constitution and the provisions of this Act, subject to all the restrictions and limitations imposed upon the states by the Constitution. Establishes a Council of the District of Columbia and the Office of the Mayor. Prescribes requirements for treatment of District employees formerly covered by the Federal Civil Service System. Prohibits the Mayor's planning responsibility from extending to federal and District international projects and developments. Prescribes requirements granting the President emergency control of the Metropolitan Police Department. Declares that the District's judicial powers and the provisions of the District charter applicable to District judges and courts shall be those set forth in the District of Columbia Home Rule Act as in effect on the enactment of this Act. Subjects the process by which the District develops and enacts its fiscal year budget and related financial management activities to such laws as the District may enact. Declares that the full faith and credit of the United States is not pledged for any District obligations, nor is the United States responsible or liable for them. Exempts all District bonds and notes (and interest) from federal taxation, except estate, inheritance, and gift taxes. Authorizes certain entities to invest in District bonds and notes. Reserves Congress the right to exercise constitutional authority as legislature for the District. Repeals the District of Columbia Home Rule Act (establishing the existing District charter), but not any provision of law amended or repealed by such Act.

To establish the charter for the government of the District of Columbia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act'' or the ``PROSPERS Act''. SEC. 2. DEFINITIONS. Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (B) by adding at the end the following: ``(C)(i) The terms `employee pension benefit plan' and `pension plan' do not include an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) established and maintained pursuant to a payroll deduction savings program of a State or qualified political subdivision of a State, provided that-- ``(I) the program is specifically established pursuant to State or qualified political subdivision law; ``(II) the program is implemented and administered by the State or qualified political subdivision establishing the program (or by a governmental agency or instrumentality of either), which is responsible for investing the employee savings or for selecting investment alternatives for employees to choose; ``(III) the State or qualified political subdivision (or governmental agency or instrumentality of either) assumes responsibility for the security of payroll deductions and employee savings, including by requiring that amounts withheld from wages by the employer be transmitted to the program promptly and by providing an enforcement mechanism to assure compliance with this requirement; ``(IV) the State or qualified political subdivision (or governmental agency or instrumentality of either) adopts measures to ensure that employees are notified of their rights under the program, and creates a mechanism for enforcement of those rights; ``(V) participation in the program is voluntary for employees; ``(VI) all rights of the employee, former employee, or beneficiary under the program are enforceable only by the employee, former employee, or beneficiary, an authorized representative of such a person, or by the State or qualified political subdivision (or governmental agency or instrumentality of either); ``(VII) the involvement of the employer is limited to-- ``(aa) collecting employee contributions through payroll deductions and remitting them to the program; ``(bb) providing notice to the employees and maintaining records regarding the employer's collection and remittance of payments under the program; ``(cc) providing information to the State or qualified political subdivision (or governmental agency or instrumentality of either) necessary to facilitate the operation of the program; and ``(dd) distributing program information to employees from the State or qualified political subdivision (or governmental agency or instrumentality of either) and permitting the State or qualified political subdivision (or governmental agency or instrumentality of either) to publicize the program to employees; ``(VIII) the employer contributes no funds to the program and provides no bonus or other monetary incentive to employees to participate in the program; ``(IX) the employer's participation in the program is required by the law of the State law or qualified political subdivision; ``(X) the employer has no discretionary authority, control, or responsibility under the program; and ``(XI) the employer receives no direct or indirect consideration in the form of cash or otherwise, other than consideration (including tax incentives and credits) received directly from the State or qualified political subdivision (or governmental agency or instrumentality of either) that does not exceed an amount that reasonably approximates the employer's (or a typical employer's) costs under the program. ``(ii) A State savings program will not fail to satisfy the requirements of subclauses (I) through (XI) of clause (i) merely because the program-- ``(I) is directed toward those employers that do not offer some other workplace savings arrangement; ``(II) utilizes one or more service or investment providers to operate and administer the program, provided that the State (or governmental agency or instrumentality of the State) retains full responsibility for the operation and administration of the program; or ``(III) treats employees as having automatically elected payroll deductions in an amount or percentage of compensation, including any automatic increases in such amount or percentage, unless the employee specifically elects not to have such deductions made (or specifically elects to have the deductions made in a different amount or percentage of compensation allowed by the program), provided that the employee is given adequate advance notice of the right to make such elections and provided, further, that a program may also satisfy the requirements of such subclauses (I) through (XI) without requiring or otherwise providing for automatic elections such as those described in this subclause. ``(iii) For purposes of this subparagraph, the term ``qualified political subdivision'' means any governmental unit of a State, including a city, county, or similar governmental body, that-- ``(I) has the authority, implicit or explicit, under State law to require employers' participation in the program as described in clause (i); and ``(II) at the time of the establishment of the political subdivision's payroll deduction savings program-- ``(aa) has a population equal to or greater than the population of the least populated State (excluding the District of Columbia and territories listed in paragraph (10)); ``(bb) has no geographic overlap with any other political subdivision that has enacted a mandatory payroll deduction savings program for private-sector employees and is not located in a State that has enacted such a program statewide; and ``(cc) has implemented and administers a plan, fund, or program that provides retirement income to its employees, or results in a deferral of income by its employees for periods extending to the termination of covered employment or beyond. ``(iv) For purposes of clause (i)(III), amounts withheld from an employee's wages by the employer are deemed to be transmitted promptly if such amounts are transmitted to the program as of the earliest date on which such contributions can reasonably be segregated from the employer's general assets, but in no event later than the last day of the month following the month in which such amounts would otherwise have been payable to the employee in cash.''.

Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act or the PROSPERS Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to specify that states and certain political subdivisions may establish and administer voluntary payroll deduction retirement savings programs for private sector employees that are not considered employee pension benefit plans or pension plans covered by ERISA if the plans meet certain requirements. The bill requires the plans to be established, implemented, and administered by states or political subdivisions. The plans must also be voluntary for employees and meet other specified requirements, including restrictions on the involvement of employers and obligations to enforce the rights of employees.

Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Expanding International Education for All Act''. (b) References.--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 Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE PROGRAMS. (a) Incentives for Program Creation.--Section 604(a) (20 U.S.C. 1124(a)) is amended to read as follows: ``(a) Incentives for the Creation of Undergraduate International Studies and Foreign Language Programs.-- ``(1) Authority.--The Secretary is authorized to make grants to baccalaureate degree granting institutions, community and junior colleges of higher education, or consortia of such institutions (which may include graduate schools as part of a consortia that serves undergraduates), to pay the Federal share of the cost of planning and establishing a foreign language program, an international studies program, or a business and international education program at the undergraduate level. ``(2) Use of funds.--Funds appropriated for the purpose of carrying out this part may be used in conjunction with institutional resources and private sector funds, as required by paragraph (3), for-- ``(A) planning for the development and expansion of undergraduate programs in international studies; ``(B) teaching, research, curriculum planning and development, and other related activities; ``(C) training of faculty members in foreign countries; ``(D) acquisition of research and instructional materials; ``(E) establishing and maintaining a network with other institutions of higher education and resource centers focused on strengthening foreign language study and international studies programs; ``(F) expansion of existing and development of new opportunities for learning foreign languages, including the less commonly taught languages; ``(G) international education programs designed to develop or enhance linkages between 2- to 4-year institutions of higher education, or baccalaureate and postbaccalaureate programs or institutions; ``(H) the development or expansion of undergraduate study abroad in which study abroad opportunities are not otherwise available or which serve students for whom such opportunities are not otherwise available and which provide courses that are closely related to on- campus foreign language and international studies curricula; ``(I) in-service and faculty development activities designed to strengthen instruction and research capacity of the institution; ``(J) faculty travel in foreign areas, regions, and countries; and ``(K) the integration of new study abroad opportunities for undergraduate students into curricula of specific degree programs. ``(3) Non-federal share.--The non-Federal share of the cost of the programs assisted under this subsection may be provided in cash in an amount equal to one-third of the total requested grant amount, or may be provided as an in-cash or in-kind contribution equal in value to one-half of the total requested grant amount. Such contribution may be composed of both institutional and noninstitutional funds, including State and private sector corporation or foundation contributions. ``(4) Grant conditions.--Grants under this subsection shall be made on such conditions as the Secretary determines are necessary to carry out the objectives of this part. The conditions shall include-- ``(A) evidence that the institution of higher education, or consortium of such institutions, has conducted extensive planning prior to submitting its application for a grant under this subsection concerning the steps taken by each institution with respect to planning for the establishment of a foreign language, international studies program or international business program, and with respect to the design of its program in accordance with paragraph (2); ``(B) assurance that the faculty and staff of all relevant departments and programs within the institution are involved in ongoing collaboration with regard to achieving the stated objectives of the application, including business and management, related foreign language, international studies, international affairs careers, and other professional schools or departments as appropriate; ``(C) assurance that students at the applicant institution, and all consortium institutions, as appropriate, will have access to the programs of and derive benefits from the planned program as it is developed; and ``(D) assurance that each institution of higher education will use the Federal assistance provided under this subsection to supplement and not supplant institutional funds and activities provided by the institution prior to the receipt of Federal funds.''. (b) Support for International Education.--Section 609 (20 U.S.C. 1126) is amended by striking subsection (c) and inserting the following: ``(c) Support for Undergraduate Education.--Notwithstanding any other provision of this title, the Secretary is authorized in each fiscal year to reserve for section 604 not more than 10 percent of the total amount appropriated for this title in that fiscal year.''. (c) Technology Innovation.--Section 607 (20 U.S.C. 1125a) is amended to read as follows: ``SEC. 607. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOREIGN INFORMATION ACCESS. ``(a) Authority.--The Secretary is authorized to make grants to institutions of higher education, public or nonprofit private library institutions, or consortia of such institutions, to develop innovative techniques or programs using new electronic technologies to collect, organize, preserve, and widely disseminate information on world regions and countries other than the United States that address the Nation's teaching and research needs in international education and foreign languages. ``(b) Authorized Activities.--Grants under this section may be used to-- ``(1) facilitate access to preserve foreign information resources in print or electronic forms; ``(2) develop new means of immediate, full text document delivery for information and scholarships from abroad; ``(3) develop new means of shared electronic access to international data; ``(4) support collaborative projects of indexing, cataloging, and other means of bibliographic access for scholars to important research materials published or distributed outside the United States; ``(5) develop methods for the wide dissemination of resources written in non-Roman language alphabets; ``(6) assist teachers of less commonly taught languages in acquiring, via electronic and other means, materials suitable for classroom use; and ``(7) promote collaborative technology-based projects in foreign languages, area and international studies among grant recipients under this title. ``(c) Application.--Each institution or consortium desiring a grant under this section shall submit an application to the Secretary at such time, in such matter, and accompanied by such information and assurances as the Secretary may reasonably require. ``(d) Match Required.--The Federal share of the total cost of carrying out a program supported by a grant under this section shall not be more than 66\2/3\ percent. The non-Federal share of such a cost may be provided in either in-kind or in cash, and may include contributions from private sector corporations or foundations.''. SEC. 3. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT. (a) Non-Federal Share and Source of Funds.--Section 621(e) is amended-- (1) by striking ``one-fourth'' and inserting ``one-half''; and (2) by adding at the end the following new sentence: ``The non-Federal contribution must be made by private sector contributions.''. (b) Institutional Development.--Part C of title VI is amended-- (1) by redesignating sections 622 through 627 as sections 623 through 628, respectively; and (2) by inserting after section 621 the following new section: ``SEC. 622. INSTITUTIONAL DEVELOPMENT. ``(a) In General.--The Institute shall make grants, from amounts available to it in each fiscal year, to Historically Black Colleges and Universities, Hispanic-serving institutions, Tribally Controlled Indian Community Colleges, and minority institutions, to enable such colleges, universities, and institutions to strengthen international affairs programs. ``(b) Application.--No grant may be made by the Institute unless an application is made by the college, university, or institution at such time, in such manner, and accompanied by such information as the Institute may require. ``(c) Definitions.--As used in this section: ``(1) Historically black colleges and universities.--The term `Historically Black Colleges and Universities' has the meaning given the term `part B institution' by section 322(2) of this Act. ``(2) Hispanic-serving institution.--The term `Hispanic- serving institution' has the same meaning given the term by section 316(b)(1) of this Act. ``(3) Tribally controlled indian community college.--The term `Tribally Controlled Indian Community College' has the same meaning given that term by the Tribally Controlled Community College Assistance Act of 1978. ``(4) Minority institution.--The term `minority institution' has the same meaning given that term in section 101(14) of this Act.''. SEC. 4. JUNIOR YEAR AND SUMMER ABROAD PROGRAM. (a) Institute Share of Cost.--Section 623(c)(2) (as redesignated by section 3(b) of this Act) is amended by striking ``one-half'' and inserting ``one-third''. (b) Summer Abroad.--Section 623 (as redesignated) is amended by adding at the end the following new subsection: ``(d) Summer Abroad Program.--The Institute is authorized to carry out, by grant or contract, a summer abroad program. The summer abroad program shall be open to the eligible students described in subsections (a) and (b) of this section. An institution of higher education desiring to participate in the summer abroad program shall enter into a memorandum of understanding with the Institute, containing provisions which are consistent with subsection (c) of this section.''. (c) Technical Amendment.--The heading of section 623 (as so redesignated) is amended by inserting before the period in the heading: ``and summer abroad program''. SEC. 5. POSTBACCALAUREATE INTERNSHIPS. Section 625 (as redesignated by section 3(b) of this Act) is amended-- (1) by inserting before the first sentence the following new subsection heading: ``(a) In General.--''; and (2) by adding at the end the following new subsection: ``(b) Washington Internship Program.--The Institute shall enter into agreements with institutions of higher education described in the first sentence of subsection (a) to conduct internships in Washington, District of Columbia, for students who have completed study for the baccalaureate degree. The Internship program authorized by this subsection shall-- ``(1) be designated to assist the students to prepare for a Master's degree program; ``(2) be carried out with the assistance of the Woodrow Wilson Fellowship Program; ``(3) contain work experience for the students designated to contribute to the objectives set forth in paragraph (1); and ``(4) contain such other elements as the Institute determines will carry out the objectives of this subsection.''. SEC. 6. INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL AFFAIRS. Part C of title VI is further amended-- (1) by redesignating section 628 (as redesignated by section 3(b) of this Act) as section 629; and (2) by inserting after section 627 the following new section: ``SEC. 628. INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL AFFAIRS. ``(a) Establishment.--There is established in the executive branch of the Federal Government an Interagency Committee on Minority Careers in International Affairs composed of 7 members. The members are-- ``(1) the Under Secretary for International Affairs and Commodity Programs of the Department of Agriculture, appointed by the Secretary of Agriculture; ``(2) the Assistant Secretary and Director General, the Commercial Service of the Department of Commerce, appointed by the Secretary of Commerce; ``(3) the Under Secretary of Defense for Personnel and Readiness of the Department of Defense, appointed by the Secretary of Defense; ``(4) the Assistant Secretary for Postsecondary Education in the Department of Education, appointed by the Secretary of Education; ``(5) the Director General of the Foreign Service of the Department of State, appointed by the Secretary of State; ``(6) the General Counsel of the Agency for International Development, appointed by the Administrator; and ``(7) the Associate Director for Educational and Cultural Affairs of the United States Information Agency, appointed by the Director. ``(b) Functions.--The Interagency Committee established by this section shall-- ``(1) advise the Secretary and the Institute with respect to programs authorized by this part; and ``(2) promote policies in each department and agency participating on the committee that are designed to carry out the objectives of this part.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. The text of section 629 (as redesignated by section 6 of this Act) is amended to read as follows: ``There is authorized to be appropriated $5,000,000, for fiscal year 1999, and such sums as may be necessary for the fiscal years 2000, 2001, 2002, and 2003 to carry out this part.''.

Expanding International Education for All Act - Amends the Higher Education Act of 1965 to revise title VI (International Education). (Sec. 2) Revises part A (International and Foreign Language Studies) with respect to incentive grants for the creation of undergraduate international studies and foreign language programs. Allows graduate schools, along with baccalaureate degree granting institutions and community and junior colleges of higher education, to be included as part of a consortium that serves undergraduates and is eligible for a grant. Revises the Federal and non-Federal shares of the cost of planning and establishing at the undergraduate level: (1) a foreign language program; (2) an international studies program; or (3) (new in this Act) a business and international education program. Revises allowable uses of grant funds to include: (1) acquisition of research and instructional materials; (2) establishment of a network with other institutions of higher education and resource centers focused on strengthening foreign language study and international studies programs; (3) development of new opportunities for learning foreign languages, including the less commonly taught languages; (4) international education programs designed to develop or enhance linkages between two- to four-year institutions of higher education, or baccalaureate and postbaccalaureate programs or institutions; (5) in-service and faculty development activities designed to strengthen instruction and research capacity of the institution; and (6) faculty travel in foreign areas, regions, and countries. Establishes certain grant conditions. Establishes, under part A, a program of discretionary grants for technological innovation and cooperation for foreign information access. (Replaces the current discretionary grants program for acquisition of and access to periodicals and other research materials published outside the United States.) (Sec. 3) Revises part C (Institute for International Public Policy) with respect to the non-Federal share and source of funds for minority foreign service professional development. Directs the Institute to make institutional development grants to strengthen international affairs programs at Historically Black Colleges and Universities, Hispanic-serving institutions, Tribally Controlled Indian Community Colleges, and minority institutions. (Sec. 4) Revises the Institute's share of the cost of the junior year program. Authorizes the Institute to carry out a summer abroad program. (Sec. 5) Directs the Institute to enter into agreements with specified types of institutions of higher education to conduct postbaccalaureate internships in Washington, D.C., with work experience to assist the students to prepare for a Master's degree program. Requires such internship program to be carried out with the assistance of the Woodrow Wilson Fellowship Program. (Sec. 6) Establishes in the executive branch an Interagency Committee on Minority Careers in International Affairs to: (1) advise the Secretary and the Institute on part C programs; and (2) promote policies in furtherance of part C objectives in each participating department and agency. (Sec. 7) Extends through FY 2003 the authorization of appropriations for part C.

Expanding International Education for All Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Education Flexibility Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) According to the ``National Survey of Veterans, Active Duty Service Members, Demobilized National Guard and Reserve Members, Family Members, and Surviving Spouses Final Report'', commissioned by the Secretary of Veterans Affairs in 2010, 20.6 percent of eligible veterans--approximately 2,621,753 veterans--were unable to use their GI bill educational benefits because their period of eligibility expired. (2) The time limitations for using GI bill educational benefits do not reflect the realities of the modern economy of the United States. After leaving the service, many veterans postpone further education to join the workforce and support their families or are faced with lengthy rehabilitations from service-related injuries. (3) Access to education and job retraining has proved the arbiter of success in today's economy, and if the United States is to lower the unemployment rate among the veteran population, the United States must provide veterans unfettered access to educational benefits. (b) Purpose.--The purpose of this Act is to remove the delimiting dates and retroactively restore the Department of Veterans Affairs Educational benefits within the Post-Vietnam Era Veterans' Educational Assistance Program (VEAP), Montgomery GI Bill-Active Duty (MGIB-AD), and Post-9/11 GI Bill. SEC. 3. ELIMINATION OF TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT TO EDUCATIONAL ASSISTANCE. (a) Montgomery GI Bill-Active Duty.-- (1) In general.--Section 3031 of chapter 30 of title 38, United States Code, is amended to read as follows: ``Sec. 3031. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete ``(a) Educational Institutions Operating on Quarter or Semester System.--If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution regularly operated on the quarter or semester system and the period of such individual's entitlement under this chapter would, under section 3013, expire during a quarter or semester, such period shall be extended to the end of such quarter or semester. ``(b) Other Educational Institutions.--If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution not regularly operated on the quarter or semester system and the period of such individual's entitlement under this chapter would, under section 3013, expire after a major portion of the course is completed, such period shall be extended to the end of the course or for 12 weeks, whichever is the lesser period of extension.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 3031 and inserting the following new item: ``3031. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete.''. (3) Conforming amendments.--Chapter 33 of title 38, United States Code, is amended-- (A) in section 3018C(e)(3)(B)-- (i) by striking ``(i) The Secretary'' and inserting ``The Secretary''; and (ii) by striking clause (ii); and (B) in section 3020-- (i) in subsection (f)(1), by striking ``Subject to the time limitation for use of entitlement under section 3031 of this title, an'' and inserting ``An''; and (ii) in subsection (h), by striking ``Notwithstanding section 3031 of this title, a'' and inserting ``A''. (b) Post-Vietnam Era Veterans' Educational Assistance Program.-- (1) In general.--Section 3232 of title 38, United States Code, is amended-- (A) by striking subsections (a) and (b); and (B) by redesignating subsections (c) and (d) as subsections (a) and (b), respectively. (2) Conforming amendment.--Section 3035(b)(1) of title 38, United States Code, is amended by striking ``and from'' and all that follows through ``title''. (c) Post-9/11 GI Bill.-- (1) In general.--Section 3321 of chapter 30 of title 38, United States Code, is amended to read as follows: ``Sec. 3321. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete ``Section 3031 shall apply with respect to the termination of an individual's entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual's entitlement to educational assistance under chapter 30, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 shall be deemed to be a reference to section 3312 of this title.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 3321 and inserting the following new item: ``3321. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete.''. (3) Conforming amendments.--Chapter 33 of title 38, United States Code, is amended-- (A) in section 3312(b), by striking ``3321(b)(2)'' and inserting ``3321''; (B) in section 3319-- (i) in subsection (f)(1), by striking ``Subject to'' and all that follows through ``an'' and inserting ``An''; and (ii) in subsection (h)(5)(A), by striking ``may use'' and all that follows through ``but''. (d) Conforming Amendments for Reserve Component Programs.-- (1) Selected reserve.--Section 16133(b) of title 10, United States Code, is amended-- (A) in paragraph (2), by striking ``section 3031(f)'' and inserting ``subsections (a) and (b) of section 3031''; and (B) in paragraph (3), by inserting ``, as such section existed on the day before the date of the enactment of the Veterans Education Flexibility Act,'' after ``title 38''. (2) Other reserve components.--Section 16164(b)(2) of title 10, United States Code, is amended to read as follows: ``(2) The following provisions shall apply to the period of entitlement prescribed by paragraph (1): ``(A) Subsections (a) and (b) of section 3031 of title 38. ``(B) Subsection (d) of section 3031 of title 38, as such subsection existed on the day before the date of the enactment of the Veterans Education Flexibility Act.''. (e) Applicability.--The amendments made by this section shall apply with respect to any individual who has been entitled to educational assistance under chapters 30, 32, or 33 of title 38, United States Code. For purposes of determining the number of months of entitlement to such educational assistance that an individual is entitled to, the Secretary of Veterans Affairs shall disregard any delimiting date eliminated by this Act that occurred before the date of the enactment of this Act.

Veterans Education Flexibility Act This bill declares that, if an individual eligible for educational assistance under the all-volunteer force educational assistance program of the Department of Veterans Affairs is enrolled in an educational institution and the period of entitlement (10 years after discharge or release from active duty) would expire during a quarter or semester of enrollment, the period shall be extended to the end of that period (or until the earlier of the end of the course or 12 weeks in the case of an educational institution not regularly operated on a quarter or semester basis). The bill: (1) repeals the delimiting period for the use of assistance under the post-Vietnam era veterans' educational assistance program (generally 10 years after the veteran's last discharge or release from active duty), and (2) applies the assistance extension provided under the all-volunteer force educational assistance program to the post-9/11 veterans' educational assistance program.

Veterans Education Flexibility Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to High Standards Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) far too many students are not being provided sufficient academic preparation in secondary school, which results in limited employment opportunities, college dropout rates of over 25 percent for the first year of college, and remediation for almost one-third of incoming college freshmen; (2) there is a growing consensus that raising academic standards, establishing high academic expectations, and showing concrete results are at the core of improving public education; (3) modeling academic standards on the well-known program of advanced placement courses is an approach that many education leaders and almost half of all States have endorsed; (4) advanced placement programs already are providing 30 different college-level courses, serving almost 60 percent of all secondary schools, reaching over 1,000,000 students (of whom 80 percent attend public schools, 55 percent are females, and 30 percent are minorities), and providing test scores that are accepted for college credit at over 3,000 colleges and universities, every university in Germany, France, and Austria, and most institutions in Canada and the United Kingdom; (5) 24 States are now funding programs to increase participation in advanced placement programs, including 19 States that provide funds for advanced placement teacher professional development, 3 States that require that all public secondary schools offer advanced placement courses, 10 States that pay the fees for advanced placement tests for some or all students, and 4 States that require that their public universities grant uniform academic credit for scores of 3 or better on advanced placement tests; and (6) the State programs described in paragraph (5) have shown the responsiveness of schools and students to such programs, raised the academic standards for both students participating in such programs and other children taught by teachers who are involved in advanced placement courses, and shown tremendous success in increasing enrollment, achievement, and minority participation in advanced placement programs. (b) Purposes.--The purposes of this Act are-- (1) to encourage more of the 600,000 students who take advanced placement courses but do not take advanced placement exams each year to demonstrate their achievements through taking the exams; (2) to build on the many benefits of advanced placement programs for students, which benefits may include the acquisition of skills that are important to many employers, Scholastic Aptitude Tests (SAT) scores that are 100 points above the national averages, and the achievement of better grades in secondary school and in college than the grades of students who have not participated in the programs; (3) to support State and local efforts to raise academic standards through advanced placement programs, and thus further increase the number of students who participate and succeed in advanced placement programs; (4) to increase the availability and broaden the range of schools that have advanced placement programs, which programs are still often distributed unevenly among regions, States, and even secondary schools within the same school district, while also increasing and diversifying student participation in the programs; (5) to build on the State programs described in subsection (a)(5) and demonstrate that larger and more diverse groups of students can participate and succeed in advanced placement programs; (6) to provide greater access to advanced placement courses for low-income and other disadvantaged students; and (7) to provide access to advanced placement courses for secondary school juniors at schools that do not offer advanced placement programs, increase the rate of secondary school juniors and seniors who participate in advanced placement courses to 25 percent of the secondary school student population, and increase the numbers of students who receive advanced placement test scores for which college academic credit is awarded. SEC. 3. ADVANCED PLACEMENT PROGRAM GRANTS. (a) Grants Authorized.-- (1) In general.--From amounts appropriated under the authority of subsection (f) for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsection (c). (2) Duration and payments.-- (A) Duration.--The Secretary shall award a grant under this section for a period of 3 years. (B) Payments.--The Secretary shall make grant payments under this section on an annual basis. (3) Definition of eligible entity.--In this section, the term ``eligible entity'' means a State educational agency, or a local educational agency, in the State. (b) Priority.--In awarding grants under this section the Secretary shall give priority to eligible entities submitting applications under subsection (d) that demonstrate-- (1) a pervasive need for access to advanced placement incentive programs; (2) the involvement of business and community organizations in the activities to be assisted; (3) the availability of matching funds from State or local sources to pay for the cost of activities to be assisted; (4) a focus on developing or expanding advanced placement programs and participation in the core academic areas of English, mathematics, and science; and (5)(A) in the case of an eligible entity that is a State educational agency, the State educational agency carries out programs in the State that target-- (i) local educational agencies serving schools with a high concentration of low-income students; or (ii) schools with a high concentration of low- income students; or (B) in the case of an eligible entity that is a local educational agency, the local educational agency serves schools with a high concentration of low-income students. (c) Authorized Activities.--An eligible entity may use grant funds under this section to expand access for low-income individuals to advanced placement incentive programs that involve-- (1) teacher training; (2) preadvanced placement course development; (3) curriculum coordination and articulation between grade levels that prepares students for advanced placement courses; (4) curriculum development; (5) books and supplies; and (6) any other activity directly related to expanding access to and participation in advanced placement incentive programs particularly for low-income individuals. (d) Application.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Data Collection and Reporting.-- (1) Data collection.--Each eligible entity receiving a grant under this section shall annually report to the Secretary-- (A) the number of students taking advanced placement courses who are served by the eligible entity; (B) the number of advanced placement tests taken by students served by the eligible entity; (C) the scores on the advanced placement tests; and (D) demographic information regarding individuals taking the advanced placement courses and tests disaggregated by race, ethnicity, sex, English proficiency status, and socioeconomic status. (2) Report.--The Secretary shall annually compile the information received from each eligible entity under paragraph (1) and report to Congress regarding the information. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2000, and such sums as may be necessary for each of the 4 succeeding fiscal years. SEC. 4. ON-LINE ADVANCED PLACEMENT COURSES. (a) Grants Authorized.--From amounts appropriated under subsection (f) the Secretary shall award grants to local educational agencies to enable the local educational agencies to provide students with on-line advanced placement courses. (b) Contracts.--A local educational agency that receives a grant under this section may enter into a contract with a nonprofit or for- profit organization to provide the on-line advanced placement courses, including contracting for necessary support services. (c) Priority.--In awarding grants under this section the Secretary shall give priority to local educational agencies that-- (1) serve high concentrations of low-income students; (2) serve rural areas; and (3) the Secretary determines would not have access to on- line advanced placement courses without assistance provided under this section. (d) Uses.--Grant funds provided under this section may be used to purchase the on-line curriculum, to train teachers with respect to the use of on-line curriculum, or to purchase course materials. (e) Applications.--Each local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner and accompanied by such information as the Secretary may require. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 4 succeeding fiscal years. SEC. 5. ADDITIONAL PRIORITIES FOR ADVANCED PLACEMENT. (a) Dissemination of Advanced Placement Information.--Each institution of higher education receiving Federal funds for research or for programs assisted under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)-- (1) shall distribute to secondary school counselors or advanced placement coordinators in the State information with respect to the amount and type of academic credit provided to students at the institution of higher education for advanced placement test scores; and (2) shall standardize, not later than 4 years after the date of enactment of this Act, the form and manner in which the information described in paragraph (1) is disseminated by the various departments, offices, or other divisions of the institution of higher education. (b) State and Local Initiatives.-- (1) Javits gifted and talented students.--Section 10205(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8035(a)) is amended-- (A) in paragraph (1), by striking ``and'' after the semicolon; (B) in paragraph (2), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(3) to programs and projects for gifted and talented students that build on or otherwise incorporate advanced placement courses and tests.''. (2) Upward bound program.--Section 402C of the Higher Education Act of 1965 (20 U.S.C. 1070a-13) is amended by adding at the end the following: ``(f) Priority.--The Secretary shall give priority in awarding grants under this section to upward bound projects that focus on increasing secondary school student participation and success in advanced placement courses.''. (3) Eisenhower professional development.-- (A) Federal activities.--Section 2101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6621) is amended by adding at the end the following: ``(c) Priority.--The Secretary shall give priority in awarding grants and entering into contracts and cooperative agreements under this part to activities that involve training in advanced placement instruction.''. (B) State and local activities.--Section 2207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6647) is amended-- (i) in paragraph (12), by striking ``and'' after the semicolon; (ii) in paragraph (13), by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(14) providing professional development activities involving training in advanced placement instruction.''. (4) Technology.-- (A) Star schools.--Section 3204 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6894) is amended by adding at the end the following: ``(i) Advanced Placement Instruction.--Each eligible entity receiving funds under this part is encouraged to deliver advanced placement instruction to underserved communities.''. (B) Education technology grants.--Subpart 2 of part A of title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6841 et seq.) is amended-- (i) in section 3134 (20 U.S.C. 6844)-- (I) in paragraph (5), by striking ``and'' after the semicolon; (II) in paragraph (6), by striking the period and inserting ``; and''; and (III) by adding at the end the following: ``(7) providing education technology for advanced placement instruction.''; and (ii) in section 3136(c) (20 U.S.C. 6846(c))-- (I) in paragraph (4), by striking ``and'' after the semicolon; (II) in paragraph (5), by striking the period and inserting ``; and''; and (III) by adding at the end the following: ``(6) the project will use education technology for advanced placement instruction.''. SEC. 6. DEFINITIONS. In this Act: (1) Advanced placement incentive program.--The term ``advanced placement incentive program'' means a program that provides advanced placement activities and services to low- income individuals. (2) Advanced placement test.--The term ``advanced placement test'' means an advanced placement test administered by the College Board or approved by the Secretary. (3) High concentration of low-income students.--The term ``high concentration of low-income students'', used with respect to a State educational agency, local educational agency or school, means an agency or school, as the case may be, that serves a student population 40 percent or more of whom are from families with incomes below the poverty level, as determined in the same manner as the determination is made under section 1124(c)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(2)). (4) Low-income individual.--The term ``low-income individual'' means a low-income individual (as defined in section 402A(g)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a-11(g)(2)) who is academically prepared to successfully take an advanced placement test as determined by a school teacher or advanced placement coordinator taking into consideration factors such as enrollment and performance in an advanced placement course or superior academic ability. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (6) Local educational agency; secondary school; and state educational agency.--The terms ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (7) Secretary.--The term ``Secretary'' means the Secretary of Education. (8) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

Amends the Higher Education Act of 1965 (HEA) and the Elementary and Secondary Education Act of 1965 to make AP programs a priority for Javits Gifted and Talented Students, Upward Bound, Eisenhower professional development, Star Schools, and education technology grants. Requires each institution of higher learning receiving HEA assistance to distribute to secondary school counselors or AP coordinators in the State information on academic credit given to students at the institution for AP test scores.

Access to High Standards Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mining Claim Maintenance Act of 2001''. SEC. 2. REFERENCES. Any reference in this Act to the ``general mining laws'' is a reference to those Acts which generally comprise chapters 2, 12A, 16, 161 and 162 of title 30 of the United States Code. TITLE I--MINING CLAIM FEES SEC. 101. MAINTENANCE FEE. (a) Claim Maintenance Fee.--Except as provided in subsections (c), (d), and (e), the holder of each unpatented mining claim, mill or tunnel site located pursuant to the general mining laws, whether located before or after the enactment of this Act, shall pay to the Secretary of the Interior, on or before August 31 of each year, a claim maintenance fee of $100 per claim. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the general mining laws and the related filing requirements contained in section 314 (a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744 (a) and (c)). (b) Time of Payment.--The claim maintenance fee payable pursuant to subsection (a) for any assessment year (as defined under the general mining laws) shall be paid before the commencement of the assessment year. The location fee imposed under section 102 shall be payable not later than 90 days after the date of location. (c) Oil Shale Claims Subject to Claim Maintenance Fees Under Energy Policy Act of 1992.--This section shall not apply to any oil shale claims for which a fee is required to be paid under section 2511(e)(2) of the Energy Policy Act of 1992 (106 Stat. 3111; 30 U.S.C. 242). (d) Waiver for Patent Applicants.--(1) The Secretary may waive the claim maintenance fee required under this section for a claimant who certifies in writing to the Secretary that on the date the payment was due, the claimant and all related parties-- (A) had filed a patent application with the Secretary on or before September 30, 1994; and (B) had fully complied with all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, by that date. (e) Exceptions for Claimants Holding 10 or Fewer Mining Claims.-- (1) In general.--A claimant may elect to perform the assessment work required under the general mining laws in lieu of paying the maintenance fee required under this section if the claimant who certifies in writing to the Secretary that on the date the payment was due, the claimant and all related parties-- (A) are producing hard rock minerals under a valid notice or plan of operation which production results in not less than $1,500 and not more than $800,000 in gross revenues per year from a total of 10 or fewer claims, as certified by the claimant; (B) are performing exploration work to disclose, expose, or otherwise make known possible valuable mineralization on a total of 10 or fewer claims under a valid notice or plan of operation; and (C) have less than 10 acres of unreclaimed surface disturbance from such mining activity or such exploration work. (2) Claimants electing to do assessment work.--A claimant holding 10 or fewer mining claims, who elects to do the assessment work required by the general mining laws in lieu of paying the claim maintenance fee required under this section shall be required to meet the filing requirements of section 314(a) and (c) of the Federal Land Policy and Management Act (43 U.S.C. 1744 (a) and (c)) on such 10 or fewer claims and shall certify the performance of such assessment work to the Secretary of the Interior by August 31 of each year. (3) Definitions.--For purposes of this section: (1) With respect to any claimant, the term ``related party'' means-- (A) the spouse and dependent children (as defined in section 152 of the Internal Revenue Code of 1986), of the claimant; and (B) a person who controls, is controlled by, or is under common control with the claimant. (2) The term ``control'' includes actual control, legal control, and the power to exercise control, through or by common directors, officers, stockholders, a voting trust, or a holding company or investment company, or any other means. SEC. 102. LOCATION FEE. Notwithstanding any other provision of law, for every unpatented mining claim, mill or tunnel site located after the date of enactment of this title, pursuant to the general mining laws, the locator shall, at the time the location notice is recorded with the Bureau of Land Management, pay to the Secretary of the Interior a location fee, in addition to the claim maintenance fee required by section 101, of $25.00 per claim. SEC. 103. CO-OWNERSHIP. The co-ownership provisions of the general mining laws shall remain in effect, except that in applying such provisions, the annual claim maintenance fee required under this title shall, where applicable, replace applicable assessment requirements and expenditures. SEC. 104. FAILURE TO PAY. Failure to pay the claim maintenance fee or the location fee on the date due as required by this title shall conclusively constitute a forfeiture of the unpatented mining claim, mill or tunnel site by the claimant and the claim shall be deemed null and void by operation of law. SEC. 105. OTHER REQUIREMENTS. (a) Federal Land Policy and Management Act Requirements.--Nothing in this title shall change or modify the requirements of section 314(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)), of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(c)) related to filings required by section 314(b), and such requirements shall remain in effect with respect to claims, and mill or tunnel sites for which fees are required to be paid under this section. (b) Revised Statutes Section 2324.--The third sentence of section 2324 of the Revised Statutes (30 U.S.C. 28) is amended by inserting after ``On each claim located after the tenth day of May, eighteen hundred and seventy-two,'' the following: ``that is granted a waiver under section 101 (d) or (e) of the Mining Claim Maintenance Act of 2001''. (c) Fee Adjustments.--(1) The Secretary of the Interior shall adjust the fees required by this title to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor every 5 years after the date of the enactment of this Act, or more frequently if the Secretary determines an adjustment to be reasonable. (2) The Secretary shall provide claimants notice of any adjustment made under this subsection not later than July 1 of any year in which the adjustment is made. (3) A fee adjustment under this subsection shall begin to apply the first assessment year (as defined under the general mining laws) which begins at noon on the first day of September after the adjustment is made. SEC. 106. REGULATIONS. The Secretary of the Interior shall promulgate rules and regulations to carry out the terms and conditions of this title as soon as practicable after the date of the enactment of this title. TITLE II--LIMITATION ON PATENTS SEC. 201. MINING CLAIMS After the date of enactment of this Act, no patent shall be issued by the United States for any mining claim located under the general mining laws or under this Act unless the Secretary determines that, for the claim concerned-- (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims were fully complied with by that date. If the Secretary makes the determinations referred to in paragraphs (1) and (2) for any mining claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless and until such determinations are withdrawn or invalidated by the Secretary or by a court of the United States. SEC. 202. MILL SITES. After the date of enactment of this Act, no patent shall be issued by the United States for any mill site claim located under the general mining laws unless the Secretary determines that for the mill site concerned-- (1) a patent application for such land was filed with the Secretary on or before September 30, 1994; and (2) all requirements applicable to such patent application were fully complied with by that date. If the Secretary makes the determinations referred to in paragraphs (1) and (2) for any mill site claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless and until such determinations are withdrawn or invalidated by the Secretary or by a court of the United States.

Mining Claim Maintenance Act of 2001 - Requires: (1) the holder of each unpatented mining claim, mill, or tunnel site (except for certain patent applicants and claimants holding ten or fewer mining claims) to pay to the Secretary of the Interior an annual claim maintenance fee of $100 per claim in lieu of specified statutory assessment work requirements; and (2) the locator of every unpatented mining claim, mill, or tunnel site to pay a location fee of $25 per claim in addition to the claim maintenance fee.Prohibits the issuance of any Federal mining patent or mill site claim, unless: (1) the patent application was filed on or before September 30, 1994; and (2) specified requirements for vein or lode claims and placer claims were fully complied with.

To address certain anachronistic provisions of the general mining laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS FOIA Efficiency Act of 2015''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY FREEDOM OF INFORMATION ACT IMPLEMENTATION. (a) Deadline for Updating Regulations.--Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer of the Department of Homeland Security, as appointed pursuant to section 552(j) of title 5, United States Code, shall finalize and issue an updated regulation implementing section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), which shall include-- (1) public guidance on procedures to be followed when making requests under paragraph (1), (2), or (3) of section 552(a) of title 5, United States Code; (2) updated guidance to the components of the Department responsible for processing such requests, which may include information on how to adopt automated processing of requests made under paragraphs (1), (2), or (3) of section 552(a) of title 5, United States Code; (3) detailed information on fees and costs associated with such requests; and (4) detailed information on the appeals process for such requests. (b) Identification of Costs.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer, in coordination with the Chief Financial Officer of the Department and the heads of each of the relevant components of the Department, shall identify the total annual cost to the Department of implementing section 552 of title 5, United States Code. (2) Guidance.--The Chief FOIA Officer shall develop guidance on reporting standards related to the direct and indirect costs to the Department associated with the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (c) Cost Savings.--The Chief FOIA Officer, in collaboration with the heads of each of the relevant components of the Department, shall-- (1) identify unnecessary and duplicative actions taken by the Department in the course of processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by not later than 120 days after the date of the enactment of this Act; and (2) eliminate unnecessary and duplicative actions taken by the Department in the course of processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by not later than 12 months after the identification of such action under paragraph (1). (d) FOIA Tracking Systems.--Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer shall develop a plan to automate the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code to the Department. Such plan shall take into account the specific needs of each of the components of the Department responsible for processing such requests and address required and recommended technology capabilities and elements. Such plan shall include an assessment of the costs and benefits associated with establishing and using electronic processing systems to process requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (e) FOIA Backlog.--Not later than 90 days after the date of the enactment of this Act, the Chief Privacy Officer of the Department, in consultation with the Chief FOIA Officer, shall update and issue guidance to the heads of each of the relevant components of the Department regarding the goal of reducing the backlog in processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by 50 percent between fiscal year 2015 and fiscal year 2018. (f) Report.-- (1) Semiannual privacy report.--The Chief FOIA Officer shall include in each semiannual privacy report submitted under section 1062(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)) each of the following: (A) The total costs to the Department of meeting the requirements of section 552 of title 5, United States Code, for the period covered by the report. (B) An assessment of progress made toward meeting the backlog goals pursuant to subsection (e) during the period covered by the report and the periods covered by the two preceding reports. (C) An assessment of whether the Department has adequate staffing and other resources to address the backlog goals pursuant to subsection (e) for processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (D) An assessment of the progress made towards automating the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, during the period covered by the report. (2) Fiscal year 2016 requirements.--The Chief FOIA Officer shall include in the second semiannual privacy report for fiscal year 2016 each of the following: (A) A description of any cost savings identified under subsection (d). (B) The plan developed under subsection (d). (g) Duplicative Action Defined.--In this section, the term ``duplicative actions'' means actions carried out by two or more components or programs that are engaged in the same activities or provide the same services related to the processing of FOIA requests to the same beneficiaries. SEC. 3. PROGRESS ON AUTOMATION. Upon completion of the plan to automate the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, the Chief FOIA Officer shall provide the plan to the heads of the components of the Department and seek written feedback from each head of a component agency regarding the extent to which that component will adopt the plan, the associated costs, and the projected timelines. Passed the House of Representatives June 25, 2015. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House of Representatives on June 11, 2015. DHS FOIA Efficiency Act of 2015 (Sec. 2) Directs the Chief FOIA Officer of the Department of Homeland Security (DHS): within 90 days after enactment of this Act, to issue an updated regulation implementing the Freedom of Information Act (FOIA) and to identify the total annual implementation costs; to develop guidance on reporting standards related to costs of processing FOIA requests; within 120 days after enactment of this Act, to identify unnecessary and duplicative actions taken by DHS in processing such requests; to eliminate such actions within 12 months after identifying them; and within 90 days after enactment of this Act, to develop a plan to automate the processing of requests and to issue guidance to the relevant DHS components regarding the goal of reducing the backlog in processing requests by 50% between FY2015 and FY2018. Requires the regulation implementing FOIA to include: (1) public guidance on procedures to be followed when making requests for DHS rules, opinions, orders, records, or proceedings; (2) updated guidance to the DHS components for processing such requests, which may include information on automated processing; and (3) detailed information on fees and costs associated with, and on the appeals process for, requests. Directs the Chief FOIA Officer to include: (1) in each semiannual privacy report submitted under the Intelligence Reform and Terrorism Prevention Act of 2004, the total costs to DHS of meeting FOIA requirements and assessments of progress made toward meeting backlog goals, of whether DHS has adequate staffing and other resources to address such goals, and of progress made toward automating the processing of requests; and (2) in the second semiannual privacy report for FY2016, a description of any cost savings identified from, and the plan developed for, automating the processing of requests. (Sec. 3) Directs the Chief FOIA Officer to provide such plan, upon completion, to DHS components and seek written feedback regarding the extent to which each component will adopt the plan, the associated costs, and the projected time lines.

DHS FOIA Efficiency Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fans Rights Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) professional sports teams foster a strong local identity with the people of the cities and regions in which they are located, providing a source of civic pride for their supporters; (2) professional sports teams provide employment opportunities, revenues, and a valuable form of entertainment for the cities and regions in which they are located; (3) there are significant public investments associated with professional sports facilities; (4) it is in the public interest to encourage professional sports leagues to operate under policies that promote stability among their member teams and to promote the equitable resolution of disputes arising from the proposed relocation of professional sports teams; and (5) professional sports teams travel in interstate to compete and utilize materials shipped in interstate commerce, and professional sports games are broadcast nationally. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``home territory'' means the geographic area within which a member team operates and plays the majority of its home games, as defined in the governing agreement or agreements of the relevant league on November 1, 1995, or upon the commencement of operations of any league after such date; (2) the term ``interested party'' includes-- (A) any local government that has provided financial assistance, including tax abatement, to the facilities in which the team plays; (B) a representative of the local government for the locality in which a member team's stadium or arena is located; (C) a member team; (D) the owner or operator of a stadium or arena of a member team; and (E) any other affected party, as designated by the relevant league; (3) the term ``local government'' means a city, county, parish, town, township, village, or any other general governmental unit established under State law; (4) the terms ``member team'' and ``team'' mean any team of professional athletes-- (A) organized to play major league football, basketball, hockey, or baseball; and (B) that is a member of a professional sports league; (5) the term ``person'' means any individual, partnership, corporation, or unincorporated association, any combination or association thereof, or any political subdivision; (6) the terms ``professional sports league'' and ``league'' mean an association that-- (A) is composed of 2 or more member teams; (B) regulates the contests and exhibitions of its member teams; and (C) has been engaged in competition in a particular sport for more than 7 years; and (7) the terms ``stadium'' and ``arena'' mean the principal physical facility within which a member team plays the majority of its home games. SEC. 4. CLARIFICATION OF ANTITRUST LAWS RELATED TO THE RELOCATION AND RELOCATION DETERMINATION CRITERIA. (a) Application of Antitrust Laws.--It shall not be unlawful by reason of any provision of the antitrust laws for a professional sports league to enforce rules authorizing the membership of the league to decide that a member club of such league shall not be relocated. (b) Criteria for Relocation Decisions.--Notwithstanding any other law, prior to making a decision to approve or disapprove the relocation of a member team, a professional sports league shall take into consideration-- (1) the extent to which fan loyalty to and support for the team has been demonstrated during the team's tenure in the community; (2) the degree to which the team has engaged in good faith negotiations with appropriate persons concerning terms and conditions under which the team would continue to play its games in the community or elsewhere within its home territory; (3) the degree to which the ownership or management of the team has contributed to any circumstances that might demonstrate the need for the relocation; (4) the extent to which the team, directly or indirectly, received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of public financial support; (5) the adequacy of the stadium in which the team played its home games in the previous season, and the willingness of the stadium, arena authority, or local government to remedy any deficiencies in the facility; (6) whether the team has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the team; (7) whether any other team in the league is located in the community in which the team is located; (8) whether the team proposes to relocate to a community in which no other team in the league is located; (9) whether the stadium authority, if public, is opposed to the relocation; and (10) whether there is a bona fide investor offering fair market value for the member team and seeking to retain the team in the home territory. SEC. 5. NOTICE OF PROPOSED CHANGE IN HOME TERRITORY AND RIGHT OF FIRST REFUSAL. (a) In General.--Any person seeking to change the home territory of a member team to a location other than the location of such member team's home territory shall furnish notice of such proposed change not later than 180 days before the commencement of the season in which the member team is to play in such other location. (b) Parties Entitled to Receive Notice.--The notice required under subsection (a) shall be furnished to all interested parties. (c) Requirements.--The notice shall-- (1) be in writing and delivered in person or by certified mail; (2) be made available to the news media; (3) be published in 1 or more newspapers of general circulation within the member team's home territory; and (4) contain-- (A) an identification of the proposed new location of such member team; (B) a summary of the reasons for the change in home territory based on the criteria listed in section 4(b); and (C) the date on which the proposed change would become effective. (d) Opportunity to Purchase.-- (1) In general.--During the 180-day notice period under subsection (a), a local government, stadium, arena authority, person, or any combination thereof, may prepare and present a proposal to purchase the member team to retain the team in the home territory. (2) Membership in league.--If a bid under paragraph (1) is successful, the professional sports league of the member team shall not prohibit membership in the league on the basis that the new ownership of the member team is made up of multiple owners or that the new ownership includes 1 or more local governments. (e) Opportunity to Induce Team to Stay.--During the 180-day notice period under subsection (a), a local government, stadium authority, person, or any combination thereof, shall be given the opportunity to prepare and present a proposal to induce the member team to remain in its home territory. (f) Response.--The response of the owner to any offer made under subsection (d) or (e) shall-- (1) be in writing and delivered in person or by certified mail; and (2) state in detail the reasons for refusal of any bona fide offer. (g) Determination by League.-- (1) In general.--The professional sports league shall make a determination with respect to the location of such member team's home territory before the expiration of the 180-day notice period required by this section. (2) Hearings.--In making a determination under this subsection, the professional sports league shall conduct a hearing at which interested parties are afforded an opportunity to present oral or written testimony regarding a change in the location of a member team's home territory. The league shall keep a record of all such proceedings. (3) Consideration of proposals.--The professional sports league shall take into account any inducement proposal that has been offered under subsection (e). (h) Considerations.--In determining whether to approve or disapprove the relocation of a member team, a professional sports league shall take into consideration the criteria listed in section 4(b). SEC. 6. JUDICIAL REVIEW. (a) In General.--A decision by a professional sports league to approve or disapprove the relocation of a member team may be reviewed in a civil action brought by an interested party. (b) Venue.-- (1) In general.--Subject to paragraph (3), venue shall be proper in any district court of the United States having jurisdiction over the action under section 1331 of title 28, United States Code. (2) Change of venue.--Subject to paragraph (3), upon the motion of any party, the district court may, for the convenience of the parties or in the interests of justice, transfer an action brought under this section to any district that has jurisdiction over such action under section 1331 of title 28, United States Code. (3) Limitation.--No action may be brought under this section in any United States district court of the State that contains-- (A) the member club's home territory; or (B) the proposed location of such member club. (c) Additional Proceedings.--In any case in which the interested parties have not been afforded an opportunity to present oral or written testimony in accordance with section 5(f), the district court may, by order, require the relevant professional sports league to conduct additional proceedings at which such testimony may be presented, and to reconsider its decision to approve or disapprove the relocation based on such testimony. Not later than 30 days after the date of any such order, the league shall reconsider and resubmit its decision to the district court, and the district court shall review such decision in accordance with this section. (d) No Waiver of Rights.--Nothing in this Act shall be construed to require the waiver of any legal rights in existence prior to the date of enactment of this Act. SEC. 7. INAPPLICABILITY TO CERTAIN MATTERS. (a) In General.--Nothing contained in this Act shall-- (1) alter, determine, or otherwise affect the applicability or inapplicability of the antitrust laws, the labor laws, or any other provision of law relating to the wages, hours, or other terms and conditions of employment of players in any professional sports league, to any employment matter regarding players in any such league, or to any collective bargaining rights and privilege of any player union in any such league; (2) alter or affect the applicability or inapplicability of the antitrust laws or any applicable Federal or State law relating to broadcasting or telecasting, including section 1291 of title 15, United States Code, any agreement between any professional sports league or its member teams, and any person not affiliated with such a league for the broadcasting or telecasting of the games of such league or its member teams on any form of television; (3) affect any contract, or provision of a contract, relating to the use of a stadium or arena between a member team and the owner or operator of any stadium or arena or any other person; (4) exempt from the antitrust laws any agreement to fix the prices of admission to sports contests; (5) exempt from the antitrust laws any predatory practice or other conduct with respect to competing sports leagues that would otherwise be unlawful under the antitrust laws; or (6) except as provided in this Act, alter, determine, or otherwise affect the applicability or inapplicability of the antitrust laws to any act, contract, agreement, rule, course of conduct, or other activity by, between, or among persons engaging in, conducting, or participating in professional football, basketball, hockey, or baseball. (b) Definition.--As used in this section, the term ``antitrust laws'' shall have the meaning given to such term in the first section of the Clayton Act (15 U.S.C. 12) and in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). SEC. 8. ATTEMPTS TO INFLUENCE RELOCATION DECISIONS. It shall be unlawful for any person, including a member team, owner, or affiliated party, or any State or political subdivision, to make or offer to make a payment of money or to provide or arrange with others for the provision of other value to a league or to any of its members in connection with a decision regarding the relocation of a member team. SEC. 9. EFFECTIVE DATE. This Act shall apply to any relocation of the home territory of a member team that occurs on or after October 1, 1995.

Fans Rights Act of 1995 - Declares that it shall not be unlawful by reason of any provision of the antitrust laws for a professional sports league to enforce rules authorizing the membership of the league to decide that a member club of such league shall not be relocated. Sets forth criteria for relocation decisions by leagues, including: (1) fan loyalty; (2) the extent to which the team received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of such support; (3) the adequacy of the stadium in which the team played its home games in the previous season, and the willingness of the stadium, arena authority, or local government to remedy any deficiencies in the facility; and (4) whether the team has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the team. Requires any person seeking to change the home territory of a member team to furnish notice to all interested parties of the proposed change not later than 180 days before the commencement of the season in which the member team is to play in such other location. Sets forth notice requirements. Provides that, during the 180-day notice period, a local government, stadium, arena authority, person, or any combination thereof: (1) may prepare and present a proposal to purchase the member team to retain the team in the home territory; and (2) shall be given the opportunity to prepare and present such a proposal. Requires the response of the owner to any offer made to be in writing and delivered in person or by certified mail, stating in detail the reasons for refusal of any bona fide offer. Directs the league to make a determination with respect to the location of such member team's home territory before the expiration of the notice period, after conducting a hearing at which interested parties are afforded an opportunity to present testimony. Sets forth provisions regarding judicial review. Prohibits making or offering to make a payment, or to provide or arrange with others for the provision of other value, to a league or any of its members in connection with a decision regarding the relocation of a member team.

Fans Rights Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Access and Work Incentives Act''. TITLE I--PREFERENCE FOR CONTRACTORS THAT HIRE WELFARE RECIPIENTS SEC. 101. PREFERENCE FOR CONTRACTORS THAT HIRE WELFARE RECIPIENTS. (a) Preference.--In awarding a contract covered by this section, the head of a department or agency of the Federal Government shall give preference to an entity that agrees to hire welfare recipients for jobs created to carry out the contract. (b) Evaluation.--To carry out subsection (a), the head of a department or agency shall develop a system under which, in the evaluation of an offer from an entity for a contract, the preference given to the entity will be greater as the number of welfare recipients that the offeror agrees to hire increases. (c) Exceptions.--The requirement of subsection (a) shall not apply in the evaluation of offers for a contract if-- (1) the Secretary of Defense determines that the subsection should not apply for national security reasons; or (2) the head of the department or agency determines that no entry-level jobs are expected to be created to carry out the contract. (d) Covered Contracts.--This section applies to any contract in an amount in excess of $500,000 entered into after the date of the enactment of this Act by a department or agency of the Federal Government using competitive procedures. (e) Welfare Recipient.--The term ``welfare recipient'' means a recipient of assistance under a State program funded under part A of title IV of the Social Security Act. TITLE II--JOB ACCESS AND REVERSE COMMUTE GRANTS SEC. 201. JOB ACCESS AND REVERSE COMMUTE GRANTS. Section 3037(l)(1) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5309 note; 112 Stat. 391) is amended-- (1) in subparagraph (A) by striking clauses (ii) through (v) and inserting the following: ``(ii) $500,000,000 for fiscal year 2000; ``(iii) $500,000,000 for fiscal year 2001; ``(iv) $500,000,000 for fiscal year 2002; ``(v) $500,000,000 for fiscal year 2003; and ``(vi) $500,000,000 for fiscal year 2004.''; (2) in subparagraph (B) by striking ``this section'' and all that follows through the period at the end and inserting ``this section $10,000,000 for fiscal year 1999.''; and (3) in subparagraph (C) by striking ``this section'' and all that follows through the period at the end and inserting ``this section $100,000,000 for fiscal year 1999.''. TITLE III--GUARANTEES OF LOANS MADE BY STATES TO CURRENT OR RECENT WELFARE RECIPIENTS SEC. 301. GUARANTEES OF LOANS MADE BY STATES TO CURRENT OR RECENT WELFARE RECIPIENTS. (a) In General.--The Secretary of Health and Human Services may provide loan guarantees to States in accordance with this section. (b) Limitation on Annual Amount of Loan Guarantees.--The total dollar amount of loan guarantees that may be provided under this section in a fiscal year shall not exceed $50,000,000. (c) Limitation on Annual Amount of Loan Guarantees per State.--The total dollar amount of loan guarantees that may be provided to a State under this section in a fiscal year is the amount that bears the same ratio to $50,000,000 as the total dollar amount payable to the State under section 403(a)(1) of the Social Security Act for the fiscal year (determined without regard to any penalty imposed under section 409 of such Act) bears to the total dollar amount payable to all States under such section 403(a)(1) for the fiscal year (as so determined). (d) Loans That May Be Guaranteed.--The Secretary of Health and Human Services may provide a loan guarantee under this section with respect to a loan if-- (1) the loan is made by a State; (2) the borrower is a recipient of assistance under a State program funded under part A of title IV of the Social Security Act; (3) the principal amount of the loan is not less than $20 and not more than $5,000; and (4) the loan bears interest at an annual rate that does not exceed the rate at which interest is payable annually on bonds most recently issued by the smallest political subdivision of the State in which the borrower resides that has borrowing authority. (e) Definition of State.--In this section, the term ``State'' has the meaning given such term in section 419(5) of the Social Security Act. (f) Regulations.--The Secretary of Health and Human Services shall prescribe such regulations as may be necessary to carry out this section. TITLE IV--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES SEC. 401. APPROPRIATIONS FOR PROGRAMS AND ACTIVITIES OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION. For carrying out titles V and XIX of the Public Health Service Act with respect to substance abuse and mental health services, there is appropriated, out of any money in the Treasury not otherwise appropriated, $2,730,000,000 for fiscal year 2000. TITLE V--RESTORATION OF DEDUCTIONS SEC. 501. RESTORATION OF DEDUCTION FOR BUSINESS MEALS AND ENTERTAINMENT AND FOR TRAVEL EXPENSES OF SPOUSES AND OTHERS ACCOMPANYING THE TAXPAYER ON BUSINESS. (a) Restoration of Deduction for Business Meals and Entertainment.-- (1) In general.--Subsection (n) of section 274 of the Internal Revenue Code of 1986 (relating to only 50 percent of meal and entertainment expenses allowed as deduction) is hereby repealed. (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after December 31, 1999. (b) Repeal of Special Limitation on Deduction for Travel Expenses of Spouses, Etc.-- (1) In general.--Subsection (m) of section 274 of such Code is amended by striking paragraph (3). (2) Effective date.--The amendment made by this subsection shall apply to amounts paid or incurred after December 31, 1999.

TABLE OF CONTENTS: Title I: Preference for Contractors That Hire Welfare Recipients Title II: Job Access and Reverse Commute Grants Title III: Guarantees of Loans Made by States to Current or Recent Welfare Recipients Title IV: Substance Abuse and Mental Health Services Title V: Restoration of Deductions Job Access and Work Incentives Act - Title I: Preference for Contractors that Hire Welfare Recipients - Requires the head of a department or agency of the Federal Government, in awarding a covered contract (contracts over $500,000), to give preference (subject to exceptions) to an entity that agrees to hire welfare recipients (a recipient of assistance under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act) for jobs created to carry out the contract. Title II: Job Access and Reverse Commute Grants - Amends the Transportation Equity Act for the 21st Century to extend and increase the job access and reverse commute grants program. Title III: Guarantees of Loans Made by States to Current or Recent Welfare Recipients - Authorizes the Secretary of Health and Human Services to provide a loan guarantee to a State with respect to a loan if: (1) the loan is made by a State; (2) the borrower is a recipient of assistance under a State program funded under part A of title IV of the Social Security Act; (3) the principal amount of the loan is not less than $20 and not more than $5,000; and (4) the loan bears interest at an annual rate that does not exceed the rate at which interest is payable annually on bonds most recently issued by the smallest political subdivision of the State in which the borrower resides that has borrowing authority. Title IV: Substance Abuse and Mental Health Services - Appropriates funds, as specified under the Public Health Service Act, for the Substance Abuse and Mental Health Services Administration. Title V: Restoration of Deductions - Amends the Internal Revenue Code to repeal the current limitations on the deductions for: (1) meals and entertainment expenses; and (2) luxury water transportation, travel as a form of education, and travel expenses for spouses and dependents.

Job Access and Work Incentives Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Volunteer Service Reserve Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The changing threats and issues that face the Nation require a new and innovative approach to mobilizing the citizenry in times of need. (2) The Civilian Volunteer Service Reserve program offers a flexible approach to the needs of specific crises, such as natural disasters, incidents of terrorism, or other emergencies at home or abroad. (3) Citizenship entails responsibilities as well as rights. The Civilian Volunteer Service Reserve program will challenge all Americans to sacrifice for their country. (4) The Civilian Volunteer Service Reserve program will make it possible to draw on the vast array of skills and the ingenuity of ordinary Americans in times of need. SEC. 3. ESTABLISHMENT. The Secretary of Homeland Security shall establish the Civilian Volunteer Service Reserve (referred to in this Act as the ``Civilian Reserve''), a national volunteer service corps ready for service in response to domestic or international emergencies, or other circumstances determined by the President pursuant to section 6. SEC. 4. GENERAL AUTHORITY. The Secretary of Homeland Security shall appoint a Director and such other officers as the Secretary considers appropriate to organize and administer the Civilian Reserve program consistent with the provisions of this Act. The Secretary is authorized to promulgate regulations necessary to carry out this Act. SEC. 5. ELIGIBILITY, COMMITMENT, AND REGISTRATION. (a) Eligibility.--All citizens and legal residents of the United States over the age of 18 shall be eligible to serve in the Civilian Reserve. (b) Commitment.--Individuals who volunteer with the Civilian Reserve shall be enrolled for a 5-year period, and shall be expected during such period to serve in full-time active duty status for a total period of 6 months, when called to such service under section 6. There shall be no limit to the number of 5-year periods of service that an individual may register to serve. (c) Registration.--Registration for the Civilian Reserve shall be administered in a manner determined by the Secretary of Homeland Security. At minimum, such registration shall include-- (1) the applicant's name, address, telephone number, Social Security number, and E-mail address; (2) the applicant's occupation, areas of study, and skills; and (3) the applicant's preference for local, national, or international service. SEC. 6. MOBILIZATION. (a) Mobilization.-- (1) In general.--The President shall have the authority to issue a voluntary call to action by issuing an executive order to mobilize certain members of the Civilian Reserve to full- time active duty status for a period not exceeding 6 months, in order to meet the pressing needs of the Nation in times of emergency, as determined by the President in consultation with the Secretary of Homeland Security. (2) Considerations.--In selecting members of the Civilian Reserve to call to action pursuant to paragraph (1), the President shall consider the relevant skills required by the emergency, the geographic location of the volunteers, and the logistics of such a mobilization. (3) Methodology of call to action.--To the extent practicable, for a voluntary call to action issued under paragraph (1), members of the Civilian Reserve shall be contacted via telephone, E-mail, and mail service. (b) Voluntary Acceptance of Call to Action.--Members of the Civilian Reserve may choose to accept a call to action issued pursuant to subsection (a)(1) and enter full-time active duty status for the period specified in such call to action, not exceeding 6 months. Members of the Civilian Reserve may also decline such a call to action, so long as such members remain committed to serving in full-time active duty status for some period or periods, not to exceed a total of 6 months, during their 5-year enrollment. (c) Mandatory Service.--The President may, under extreme circumstances, issue a mandatory mobilization of members of the Civilian Reserve, requiring such members to begin full-time active duty service for a period not exceeding 6 months. Such mobilization may apply to any members of the Civilian Reserve notwithstanding whether such members have fulfilled their expected 6-month period of service described in section 5(b) prior to such mandatory mobilization. Exemptions from such mandatory service shall be made for hardship due to family or other circumstances, upon appeal by an individual member of the Civilian Reserve. SEC. 7. FULL-TIME ACTIVE DUTY SERVICE AND BENEFITS. (a) In General.--Members of the Civilian Reserve serving in full- time active duty status shall work side-by-side with officers and agencies of the Federal, State, and local governments, non-profit and non-governmental organizations, supplementing but not supplanting existing systems for responding to emergencies and other pressing needs. (b) Transportation and Accommodations.--The Civilian Reserve program shall provide members serving in full-time active duty status with any necessary transportation and accommodations in order to facilitate such service. (c) Stipend.--Members of the Civilian Reserve serving in full-time active duty status shall receive a stipend in order to pay for necessary cost of living expenses, for such period of full-time active duty status. The amount of the stipend shall be determined by the Secretary of Homeland Security. (d) Health Insurance.--Members of the Civilian Reserve serving in full-time active duty status shall be eligible for health insurance under a program to be established, by regulation, by the Secretary of Homeland Security. (e) Reemployment Protection.--The Secretary of Homeland Security shall promulgate regulations to provide reemployment protection and other benefits for members of the Civilian Reserve who complete a period of full-time active duty service. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary for fiscal years 2005 through 2009 to carry out this Act.

Civilian Volunteer Service Reserve Act - Requires the Secretary of Homeland Security to establish the Civilian Volunteer Service Reserve to respond to domestic or international emergencies or other circumstances determined by the President. Permits a U.S. citizen or legal resident over the age of 18 to enroll for a five-year commitment in the Reserve during which he or she shall be expected to serve in a full-time active duty status for 6 months. Authorizes the President to issue a voluntary call of action as an executive order to mobilize members of the Civilian Reserve to active duty status in times of emergency. Allows members of the Civilian Reserve to accept or decline a call to action except under extreme circumstances that require mandatory mobilization. Prescribes benefits and reemployment protection for members serving in full-time active duty status.

To establish a national Civilian Volunteer Service Reserve program, a national volunteer service corps ready for service in response to domestic or international emergencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Waco Mammoth National Monument Establishment Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) the Waco Mammoth Site area is located near the confluence of the Brazos River and the Bosque River in Central Texas, near the city of Waco; (2) after the discovery of bones emerging from eroding creek banks leading to the uncovering of portions of 5 mammoths, Baylor University began investigating the site in 1978; (3) several additional mammoth remains have been uncovered making the site the largest known concentration of mammoths dying from the same event; (4) the mammoth discoveries have received international attention; and (5) Baylor University and the city of Waco, Texas, have been working together-- (A) to protect the site; and (B) to develop further research and educational opportunities at the site. SEC. 3. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the city of Waco, Texas. (2) Management plan.--The term ``management plan'' means the management plan for the Monument prepared under section 5(c)(1). (3) Map.--The term ``map'' means the map entitled ``Proposed Boundary Waco-Mammoth National Monument'', numbered T21/80,000, and dated April 2009. (4) Monument.--The term ``Monument'' means the Waco Mammoth National Monument established by section 4(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Texas. (7) University.--The term ``University'' means Baylor University in the State. SEC. 4. WACO MAMMOTH NATIONAL MONUMENT, TEXAS. (a) Establishment.--There is established in the State, as a unit of the National Park System, the Waco Mammoth National Monument, as generally depicted on the map. (b) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION OF MONUMENT. (a) In General.--The Secretary shall administer the Monument in accordance with-- (1) this Act; and (2) any cooperative agreements entered into under subsection (b)(1). (b) Authorities of Secretary.-- (1) Cooperative agreements.--The Secretary may enter into cooperative management agreements with the University and the City, in accordance with section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)). (2) Acquisition of land.--The Secretary may acquire by donation from the City any land or interest in land owned by the City within the proposed boundary of the Monument. (c) General Management Plan.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the University and the City, shall complete a general management plan for the Monument. (2) Inclusions.--The management plan shall include, at a minimum-- (A) measures for the preservation of the resources of the Monument; (B) requirements for the type and extent of development and use of the Monument; (C) identification of the capacity of the Monument for accommodating visitors; and (D) opportunities for involvement by the University, City, State, and other local and national entities in-- (i) developing educational programs for the Monument; and (ii) developing and supporting the Monument. (d) Prohibition of Use of Federal Funds.--No Federal funds may be used to pay the costs of-- (1) carrying out a cooperative agreement under subsection (b)(1); (2) acquiring land for inclusion in the Monument under subsection (b)(2); (3) developing a visitor center for the Monument; (4) operating or maintaining the Monument; (5) constructing exhibits for the Monument; or (6) developing the general management plan under subsection (c). (e) Use of Non-Federal Funds.--Non-Federal funds may be used to pay any costs that may be incurred by the Secretary or the National Park Service in carrying out this section. (f) Effect on Eligibility for Financial Assistance.--Nothing in this Act affects the eligibility of the Monument for Federal grants or other forms of financial assistance that the Monument would have been eligible to apply for had National Park System status not been conferred to the Monument under this Act. (g) Termination of National Park System Status.-- (1) In general.--Designation of the Monument as a unit of the National Park System shall terminate if the Secretary determines that Federal funds are required to operate and maintain the Monument. (2) Reversion.--If the designation of the Monument as a unit of the National Park System is terminated under paragraph (1), any land acquired by the Secretary from the City under subsection (b)(2) shall revert to the City. SEC. 6. NO BUFFER ZONES. Nothing in this Act, the establishment of the Monument, or the management plan shall be construed to create buffer zones outside of the Monument.

Waco Mammoth National Monument Establishment Act of 2011 - Establishes the Waco Mammoth National Monument in Texas as a unit of the National Park System. Requires the Secretary of the Interior, in consultation with Baylor University and the city of Waco, to complete a general management plan for the Monument.

A bill to establish the Waco Mammoth National Monument in the State of Texas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Medical School Accountability Fairness Act of 2013''. SEC. 2. PURPOSE. To establish consistent eligibility requirements for graduate medical schools operating outside of the United States and Canada in order to increase accountability and protect American students and taxpayer dollars. SEC. 3. FINDINGS. Congress finds the following: (1) Three for-profit schools in the Caribbean receive more than two-thirds of all Federal funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) that goes to students enrolled at foreign graduate medical schools, despite those three schools being exempt from meeting the same eligibility requirements as the majority of graduate medical schools located outside of the United States and Canada. (2) The National Committee on Foreign Medical Education and Accreditation and the Department of Education recommend that all foreign graduate medical schools should be required to meet the same eligibility requirements to participate in Federal funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) and see no rationale for excluding certain schools. (3) The attrition rate at United States medical schools averaged 3 percent for the class beginning in 2009 while rates at for-profit Caribbean schools have reached 26 percent or higher. (4) In 2013, residency match rates for foreign trained graduates averaged 53 percent compared to 94 percent for graduates of medical schools in the United States. (5) On average, students at for-profit medical schools operating outside of the United States and Canada amass more student debt than those at medical schools in the United States. SEC. 4. REPEAL GRANDFATHER PROVISIONS. Section 102(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(2)) is amended-- (1) in subparagraph (A), by striking clause (i) and inserting the following: ``(i) in the case of a graduate medical school located outside the United States-- ``(I) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part D of title IV; and ``(II) at least 75 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part D of title IV;''; and (2) in subparagraph (B)(iii), by adding at the end the following: ``(V) Expiration of authority.--The authority of a graduate medical school described in subclause (I) to qualify for participation in the loan programs under part D of title IV pursuant to this clause shall expire beginning on the first July 1 following the date of enactment of the Foreign Medical School Accountability Fairness Act of 2013.''. SEC. 5. LOSS OF ELIGIBILITY. If a graduate medical school loses eligibility to participate in the loan programs under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) due to the enactment of the amendments made by section 4, then a student enrolled at such graduate medical school on or before the date of enactment of this Act may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under such part D while attending such graduate medical school in which the student was enrolled upon the date of enactment of this Act, subject to the student continuing to meet all applicable requirements for satisfactory academic progress, until the earliest of-- (1) withdrawal by the student from the graduate medical school; (2) completion of the program of study by the student at the graduate medical school; or (3) the fourth June 30 after such loss of eligibility.

Foreign Medical School Accountability Fairness Act of 2013 - Amends the Higher Education Act of 1965 to eliminate the exemption of certain foreign medical schools from the prohibition on foreign medical schools participating in the William D. Ford Federal Direct Loan program, unless: at least 60% of those enrolled in, and at least 60% of the graduates of, the foreign medical school during the preceding year were not citizens, nationals, or permanent residents of the United States or were not in the United States with the intention of becoming citizens or permanent residents; and at least 75% of students or graduates of the medical school located outside the United States or Canada who took the examinations administered by the Educational Commission for Foreign Medical Graduates in the preceding year received a passing score. Preserves the Direct Loan eligibility of students who were enrolled at schools excepted from that prohibition on or before the date of this Act's enactment.

Foreign Medical School Accountability Fairness Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Security for Investors and Providing Closure Act of 2013'' or the ``Improving SIPC Act of 2013''. SEC. 2. CUSTOMER PAYMENT DURING PENDING ACTION. (a) In General.--Section 11 of the Securities Investor Protection Act of 1970 (15 U.S.C. 78ggg) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Customer Payment During Pending Action.-- ``(1) One-time payment permitted.-- ``(A) In general.--At the time that an action is initiated under subsection (b), SIPC may choose to allow all customers of the debtor to elect to receive a one-time payment from the SIPC Fund. ``(B) Customer election.--If SIPC allows customers to make the election described under subparagraph (A), each customer choosing to make such election must make such election during the action brought under subsection (b), but in no case later than the 180-day period beginning on the date that SIPC chooses to allow such election. ``(2) Method of payment.-- ``(A) In general.--To the extent practicable, one- time payments made under this subsection shall be made in the same manner as payments of net equity claims of customers of a debtor are made under the other provisions of this Act. ``(B) Payment amount limited to claims.--The amount paid to a customer under this subsection shall be equal to the lesser of-- ``(i) the customer's net equity claim against the debtor; and ``(ii) the cap set under paragraph (3). ``(3) Cap on one-time payments.--At the time the action is initiated under subsection (b), SIPC shall set a cap on the amount of one-time payments that can be made under this subsection, and such cap-- ``(A) shall not exceed $500,000; and ``(B) shall apply equally to all customers of the debtor. ``(4) Effect of election.-- ``(A) No sipc advance.--Section 9(a) shall not apply with respect to any customer who receives a one- time payment under this subsection. ``(B) Subrogation.--With respect to any customer who receives a one-time payment under this subsection, SIPC shall be subrogated to all rights of such customer against the debtor once the customer recovers an amount equal to the customer's net equity claim against the debtor. ``(5) Notice; technical assistance.--If SIPC allows customers to make the election described under paragraph (1)(A), SIPC shall-- ``(A) promptly notify each customer of the debtor of their rights under this subsection; and ``(B) provide technical assistance to such customers to determine if they should make an election under paragraph (1)(B). ``(6) Treatment of certificates of deposit.--For purposes of this subsection, a certificate of deposit purchased by a person through an account with the debtor shall be treated as cash deposited and held by the debtor in an amount equal to the amount the person paid for the certificate of deposit, less any amounts paid to such person on the certificate of deposit. ``(7) Judicial review of certain sipc determinations.--With respect to any person who is not permitted to make an election under this subsection because SIPC does not identify them as a customer of the debtor, such person may commence an action against SIPC in the appropriate United States district court to challenge the determination by SIPC that they are not a customer of the debtor. ``(8) Rulemaking.--SIPC may issue such regulations as may be necessary to carry out this subsection. ``(9) Debtor defined.--For purposes of this subsection, the term `debtor' means the broker or dealer that is the subject of the action brought under subsection (b).''. (b) Application.--With respect to an ongoing action brought under section 11(b) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78ggg(b)) before the date of the enactment of this Act, the customer election available under section 11(c) of such Act may be made during the 180-day period beginning on the date of the enactment of this Act. (c) Rule of Construction.--A person's qualification as a customer for purposes of section 11(c) of the Securities Investor Protection Act of 1970 shall have no effect on whether such person qualifies as a customer under any other provision of such Act.

Improving Security for Investors and Providing Closure Act of 2013 or Improving SIPC Act of 2013 - Amends the Securities Investor Protection Act of 1970 with respect to any action in a U.S. district court by the Securities and Exchange Commission (SEC) against the Securities Investor Protection Corporation (SIPC) in the event that SIPC refuses to commit funds or otherwise act for the protection of customers of any SIPC member (debtor broker or dealer). Authorizes SIPC, at the time the SEC action initiates such action, to allow all customers of the debtor broker or dealer to elect to receive a one-time payment from the SIPC Fund. Prescribes procedures for such customer election. Limits the amount paid to a customer under such election to the lesser of: (1) the customer's net equity claim against the debtor, and (2) a $500,000 cap on one-time payments. Subrogates SIPC to all rights of the customer receiving a one-time payment against the debtor once the customer recovers an amount equal to the customer's net equity claim against the debtor. Treats a certificate of deposit (CD) purchased by a person through an account with the debtor as cash deposited and held by the debtor in an amount equal to the amount the person paid for the CD, less any amounts paid to such person on the CD. Permits a person prevented from making an election under this Act because SIPC does not identify such person as a customer of the debtor to challenge that determination in federal district court.

Improving SIPC Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Nevada Higher Education Land Act of 2008''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) southern Nevada is one of the fastest growing regions in the United States, with 750,000 new residents added since 2000 and 250,000 residents expected to be added by 2010; (2) the Nevada System of Higher Education serves more than 70,000 undergraduate and graduate students in southern Nevada, with enrollment in the System expected to grow by 21 percent during the next 10 years, which would bring enrollment to a total of 85,000 students in the System; (3) the Nevada System of Higher Education campuses in southern Nevada comprise 1,200 acres, one of the smallest land bases of any major higher education system in the western United States; (4) the University of Nevada, Las Vegas, with 28,500 students and 3,300 faculty and staff, is the fourth fastest- growing research university in the United States; (5) the College of Southern Nevada-- (A) serves 39,000 students each semester; and (B) is near capacity at each of the 3 urban campuses of the College; (6) Pahrump, located in rural Nye County, Nevada-- (A) has grown by 20 percent since 2000; and (B) has a small satellite campus of Great Basin College to serve the 40,500 residents of Pahrump, Nevada; and (7) the Nevada System of Higher Education needs additional land to provide for the future growth of the System, particularly for the University of Nevada, Las Vegas, the College of Southern Nevada, and the Pahrump campus of Great Basin College. (b) Purposes.--The purposes of this Act are-- (1) to provide additional land for a thriving higher education system that serves the residents of fast-growing southern Nevada; (2) to provide residents of the State with greater opportunities to pursue higher education and the resulting benefits, which include increased earnings, more employment opportunities, and better health; and (3) to provide communities in southern Nevada the economic and societal values of higher education, including economic growth, lower crime rates, greater civic participation, and less reliance on social services. SEC. 3. DEFINITIONS. In this Act: (1) Board of regents.--The term ``Board of Regents'' means the Board of Regents of the Nevada System of Higher Education. (2) Campuses.--The term ``Campuses'' means the Great Basin College, College of Southern Nevada, and University of Las Vegas, Nevada, campuses. (3) Federal land.--The term ``Federal land'' means each of the 3 parcels of Bureau of Land Management land identified on the maps as ``Parcel to be Conveyed'', of which-- (A) approximately 40 acres is to be conveyed for the College of Southern Nevada; (B) approximately 2,085 acres is to be conveyed for the University of Nevada, Las Vegas; and (C) approximately 285 acres is to be conveyed for the Great Basin College. (4) Map.--The term ``Map'' means each of the 3 maps entitled ``Southern Nevada Higher Education Land Act'', dated July 11, 2008, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Nevada. (7) System.--The term ``System'' means the Nevada System of Higher Education. SEC. 4. CONVEYANCES OF FEDERAL LAND TO THE SYSTEM. (a) Conveyances.-- (1) In general.--Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) and section 1(c) of the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869(c)), and subject to all valid existing rights, the Secretary shall-- (A) not later than 180 days after the date of enactment of this Act, convey to the System, without consideration, all right, title, and interest of the United States in and to the Federal land for the Great Basin College and the College of Southern Nevada; and (B) not later than 180 days after the receipt of certification of acceptable remediation of environmental conditions existing on the parcel to be conveyed for the University of Nevada, Las Vegas, convey to the System, without consideration, all right, title, and interest of the United States in and to the Federal land for the University of Nevada, Las Vegas. (2) Phases.--The Secretary may phase the conveyance of the Federal land under paragraph (1)(B) as remediation is completed. (b) Conditions.-- (1) In general.--As a condition of the conveyance under subsection (a)(1), the Board of Regents shall agree in writing-- (A) to pay any administrative costs associated with the conveyance, including the costs of any environmental, wildlife, cultural, or historical resources studies; (B) to use the Federal land conveyed for educational and recreational purposes; (C) to release and indemnify the United States from any claims or liabilities that may arise from uses carried out on the Federal land on or before the date of enactment of this Act by the United States or any person; (D) as soon as practicable after the date of the conveyance under subsection (a)(1), to erect at each of the Campuses an appropriate and centrally located monument that acknowledges the conveyance of the Federal land by the United States for the purpose of furthering the higher education of the citizens in the State; and (E) to assist the Bureau of Land Management in providing information to the students of the System and the citizens of the State on-- (i) public land (including the management of public land) in the Nation; and (ii) the role of the Bureau of Land Management in managing, preserving, and protecting the public land in the State. (2) Agreement with nellis air force base.--As a condition of the conveyance of the Federal land for the University of Nevada, Las Vegas under subsection (a)(1)(B), the Board of Regents shall enter into a cooperative interlocal agreement with Nellis Air Force Base that is consistent with the missions of the System and the United States Air Force. (c) Use of Federal Land.-- (1) In general.--The System may use the Federal land conveyed under subsection (a)(1) for-- (A) any purpose relating to the establishment, operation, growth, and maintenance of the System; and (B) any uses relating to the purposes, including residential and commercial development that would generally be associated with an institution of higher education. (2) Other entities.--The System may-- (A) consistent with Federal and State law, lease, or otherwise provide property or space at, the Campuses, with or without consideration, to religious, public interest, community, or other groups for services and events that are of interest to the System or to any community located in southern Nevada; (B) allow any other communities in southern Nevada to use facilities of the Campuses for educational and recreational programs of the community; and (C) in conjunction with the city of Las Vegas, North Las Vegas, or Pahrump or Clark or Nye County plan, finance (including through the provision of cost- share assistance), construct, and operate facilities for the city of Las Vegas, North Las Vegas, or Pahrump or Clark or Nye County on the Federal land conveyed for educational or recreational purposes consistent with this section. (d) Reversion.-- (1) In general.--If the Federal land or any portion of the Federal land conveyed under subsection (a)(1) ceases to be used for the System, the Federal land, or any portion of the Federal land shall, at the discretion of the Secretary, revert to the United States. (2) University of nevada, las vegas.--If the System fails to complete the first building or show progression toward development of the University of Nevada, Las Vegas campus on the applicable parcels of Federal land by the date that is 50 years after the date of receipt of certification of acceptable remediation of environmental conditions, the parcels of the Federal land described in section 3(3)(B) shall, at the discretion of the Secretary, revert to the United States.

Southern Nevada Higher Education Land Act of 2008 - Directs the Secretary of the Interior to convey three parcels of Bureau of Land Management (BLM) land to: (1) the Nevada System of Higher Education for the Great Basin College and the College of Southern Nevada; and (2) the System for the University of Nevada, Las Vegas. Specifies that the Nevada System of Higher Education may use the conveyed federal land for any purpose relating to the establishment, operation, growth, and maintenance of the System and for any uses related to such purposes, including residential and commercial development that would generally be associated with an institution of higher education.

To direct the Secretary of the Interior to convey to the Nevada System of Higher Education certain Federal land located in Clark and Nye counties, Nevada, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low-Income Housing Preservation Act of 1995''. SEC. 2. 15-YEAR RECOVERY PERIOD. (a) General Rule.--Subsection (c) of section 168 of the Internal Revenue Code of 1986 (relating to applicable recovery period) is amended-- (1) by striking ``as provided in paragraph (2)'' in paragraph (1) and inserting ``as otherwise provided in this subsection'', (2) by redesignating paragraph (2) as paragraph (3), and (3) by inserting after paragraph (1) the following new paragraph: ``(2) Low-income housing.--In the case of any residential rental property which is part of a qualified low-income housing project (as defined in subsection (i)(14)), the applicable recovery period shall be 15 years.'' (b) Qualified Low-Income Housing Project.--Subsection (i) of section 168 of such Code is amended by adding at the end the following new paragraph: ``(14) Qualified low-income housing project.-- ``(A) In general.--For purposes of this section, the term `qualified low-income housing project' means any project for residential rental property if-- ``(i) such project is assisted under a specified HUD program, ``(ii) 50 percent or more of the residential units in such project-- ``(I) in the case of a project described in clause (i) or (ii) of subparagraph (C), are occupied by individuals whose income (at the time of their initial occupancy in such project) was less than 80 percent of the area median gross income (as of such time), or ``(II) in the case of a project described in clause (iii) or (iv) of subparagraph (C), are units with respect to which rental assistance is provided under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), ``(iii) such project was originally placed in service at least 10 years before the taxpayer acquired an interest in such project, ``(iv) such project is substantially rehabilitated, ``(v) the taxpayer acquired such taxpayer's interest in such project by purchase, and ``(vi) such project was not previously placed in service by the taxpayer or by any person who was a related person (as defined in section 42(d)(2)(D)(iii)) with respect to the taxpayer as of the time previously placed in service. ``(B) Denial of double benefit.--A project shall not be treated as a qualified low-income housing project if the taxpayer (or any other person holding an interest in such project) claims any benefits with respect to such project under-- ``(i) section 42 (relating to low-income housing credit), ``(ii) section 47 (relating to rehabilitation credit), ``(iii) the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4101 et seq.), or ``(iv) the Emergency Low-Income Housing Preservation Act of 1987 pursuant to section 604 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 4101 note). ``(C) Specified hud programs.--For purposes of subparagraph (A), a project is assisted under a specified HUD program if such project was financed by a loan or mortgage which-- ``(i) is insured or held by the Secretary of Housing and Urban Development under section 221(d)(3) of the National Housing Act (12 U.S.C. 1715l(d)(3)) and bears interest at a rate determined under the proviso of section 221(d)(5) of such Act, ``(ii) is insured, assisted, or held by such Secretary or a State or State agency under section 236 of such Act (12 U.S.C. 1715z-1), ``(iii) is insured or held by such Secretary under section 221(d)(3) of such Act and receiving assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), or ``(iv) is insured or held by such Secretary under section 221(d)(4) of the National Housing Act. ``(D) Substantially rehabilitated.-- ``(i) In general.--For purposes of subparagraph (A), a project is substantially rehabilitated if the amount of the rehabilitation expenditures with respect to such project during the 24-month period beginning on the date the taxpayer acquired his interest in such project equals or exceeds 10 percent of the aggregate adjusted bases (as of the beginning of such 24-month period) of the residential rental property which is part of such project. ``(ii) Rehabilitation expenditures.-- ``(I) In general.--For purposes of clause (i), 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. Such term shall not include the cost of acquiring the building (or any interest therein). ``(II) Special rule.--An expenditure may be taken into account only if it benefits the low-income units in the project at least in proportion to the total number of units in such project which are low-income units. For purposes of the preceding sentence, the term `low-income units' means units with respect to which the requirements of subparagraph (A)(ii) are met. ``(E) Income determinations.--For purposes of subparagraph (A), income of individuals and area median gross income shall be determined as provided in section 142(d)(2)(B). ``(F) Purchase.--For purposes of subparagraph (A), the term `purchase' has the meaning given to such term by section 179(d)(2); except that such term shall not include any acquisition where the basis of the property acquired is determined in whole or in part by reference to the basis of other property held at any time by the person acquiring the property. ``(G) Treatment of units occupied by individuals whose incomes rise above limit.-- ``(i) In general.--Except as provided in clause (ii), notwithstanding an increase in the income of the occupants of a low-income unit above the income limitation applicable under subparagraph (A)(ii), such unit shall continue to be treated as a low-income unit if the income of such occupants initially met such income limitation. ``(ii) Next available unit must be rented to low-income tenant if income rises above 140 percent of income limit.--If the income of the occupants of the unit increases above 140 percent of the income limitation applicable under subparagraph (A)(ii), clause (i) shall cease to apply to any such unit if any residential unit in the project (of a size comparable to, or smaller than, such unit) is occupied by a new resident whose income exceeds such income limitation. In the case of a project described in section 142(d)(4)(B), the preceding sentence shall be applied by substituting `170 percent' for `140 percent' and by substituting `any low-income unit in the project is occupied by a new resident whose income exceeds 40 percent of area median gross income' for `any residential unit in the project (of a size comparable to, or smaller than, such unit) is occupied by a new resident whose income exceeds such income limitation'. ``(H) Recapture rules.-- ``(i) Substantially rehabilitation requirements.--If the requirements of subparagraph (D) are not satisfied with respect to any project-- ``(I) such project shall not be treated as a qualified low-income housing project for any period (including periods before the close of the 24-month period set forth in subparagraph (D)(i)), and ``(II) the statutory period for the assessment of any deficiency attributable to the failure of the project to meet such requirements shall not expire before the date prescribed by section 6501 for the assessment of a deficiency for the taxable year in which the 24-month period set forth in subparagraph (D)(i) ends. ``(ii) Cross Reference.-- ``For treatment of subsequent failure to meet other requirements after initial qualification, see paragraph (5) of this subsection.'' SEC. 3. EXEMPTION FROM PASSIVE LOSS LIMITATIONS. Section 469 of the Internal Revenue Code of 1986 (relating to limitation on passive activity losses and credits) is amended-- (1) by redesignating subsections (j), (k), (l), and (m) as subsections (k), (l), (m), and (n), respectively, and (2) by inserting after subsection (i) the following new subsection: ``(j) $50,000 Offset for Certain Low-Income Housing Activities.-- ``(1) In general.--Subsection (a) shall not apply to that portion of the passive activity loss for any taxable year which is attributable to rental activities with respect to residential rental property which is part of a qualified low- income housing project (as defined in section 168(i)(14)). ``(2) Dollar limitation.--The aggregate amount to which paragraph (1) applies for any taxable year shall not exceed $50,000 ($25,000 in the case of a separate return by a married individual). ``(3) Coordination with subsection (i).--This subsection shall be applied before the application of subsection (i).'' SEC. 4. MINIMUM TAX TREATMENT. (a) General Rule.--Paragraph (1) of section 56(a) of the Internal Revenue Code of 1986 (relating to depreciation deduction) is amended-- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Special rule for certain low-income housing projects.--In the case of residential rental property which is part of a qualified low-income housing project (as defined in section 168(i)(14))-- ``(i) the depreciation deduction with respect to 50 percent of the adjusted basis of such property shall be determined as provided in subparagraph (A), and ``(ii) the depreciation deduction with respect to the other 50 percent of such adjusted basis shall be determined under the method applicable in computing the regular tax.'' (b) Conforming Amendment.--Clause (i) of section 56(g)(4)(A) of such Code is amended by inserting before the period at the end the following: ``or, if applicable, the rules of subsection (a)(1)(C)''. SEC. 5. EFFECTIVE DATE. The amendments made by this section shall apply to property placed in service after December 31, 1995.

Low-Income Housing Preservation Act of 1995 - Amends the Internal Revenue Code to provide a 15-year recovery period for the depreciation deduction for new investments to rehabilitate qualified low-income housing projects. Exempts $50,000 ($25,000 in the case of a separate return by a married individual) of such rehabilitation costs from the passive loss limitations. Provides a special rule for computing the depreciation deduction for such housing projects.

Low-Income Housing Preservation Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``In-Home Caregiver Assessment Resources and Education Act'' or the ``In-Home CARE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 43,000,000 unpaid caregivers provide care for a chronically ill, disabled, or aged family member or friend during any given year. (2) Sixty percent of unpaid caregivers are women. More than 37 percent of caregivers live with children or grandchildren who are under 18 years old. (3) Ethnic minority caregivers, particularly African- American and Hispanic-American caregivers, experience greater strain and worse physical health than their counterparts. More than 50 percent of African Americans are ``sandwiched'' between caring for an older person and a younger person under age 18. (4) The needs of caregivers and care recipients vary by several factors such as race and ethnicity, age, social class, sexual orientation, geographical location, gender, military or veteran status, relationship between caregiver and care recipient, health status, and other factors. (5) Unpaid family caregivers spend an average of 24 hours per week caring for their loved ones, and about 23 percent of family caregivers provide 41 or more hours of care per week. (6) Forty-nine percent of caregivers care for a parent. (7) Fourteen percent of caregivers provide care for a special needs child, including an estimated 16,800,000 caregivers who care for a special needs child under 18 years of age. (8) In 2016, the average caregiver for someone 18 years or older spent $6,954 per year on out-of-pocket caregiving expenses, which is nearly 20 percent of the average annual income of caregivers. (9) Sixty percent of caregivers who provide care for an individual over the age of 18 are currently working or have worked while providing care. Three in five caregivers have had to make some modifications to their work schedule, from arriving late to work to leaving their job entirely. Almost half of employed caregivers have had to take time off from work. (10) Fifty-three percent of caregivers have experienced a decline in their health as a result of caregiving, which has affected their ability to provide care. Thirty-five percent of caregivers report having difficulty finding time for oneself, and 29 percent report difficulty managing emotional and physical stress or balancing work and family responsibilities. (11) Forty-six percent of caregivers of adults perform medical or nursing tasks for patients with multiple physical and chronic conditions. Of these caregivers, 78 percent were in charge of managing a patient's medications, administering fluids, or administering injections. (12) Nearly 20 percent of caregivers of adults who assisted with medication management and 33 percent who assisted with changing dressings or bandages received no training about how to perform these tasks. (13) The vast majority of caregivers (84 percent) indicated they need more support related to caregiving. (14) Home visiting programs are cost-effective and have been proven to improve outcomes for children and parents in different domains ranging from child development to family violence. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to improve the ability of unpaid caregivers to care for individuals in the home; and (2) to increase opportunities for individuals who are in need of care to remain at home and reduce or postpone the need for such individuals to receive care at an institution or hospital. SEC. 4. CAREGIVER GRANTS. Subpart IV of part D of title III of the Public Health Service Act (42 U.S.C. 255 et seq.) is amended by adding at the end the following: ``SEC. 339A. CAREGIVER GRANTS. ``(a) In General.--The Secretary, acting through the Administrator of the Administration for Community Living, shall award 3-year grants, on a competitive basis, to eligible organizations to carry out home visiting programs for unpaid caregivers. ``(b) Definitions.--In this section: ``(1) Caregiver.--The term `caregiver' means an unpaid family member, foster parent, or other unpaid adult who provides consistent in-home monitoring, management, supervision, or treatment of a child or adult with a special need, such as a disease, disability, or the frailties of old age. ``(2) Caregiver assessment.--The term `caregiver assessment' means an assessment that includes talking directly to caregivers to better understand their needs, problems, resources, and strengths. ``(3) Child or adult with a special need.--The term `child or adult with a special need' means an individual for whom care or supervision is required to-- ``(A) meet the basic needs of the individual; ``(B) prevent physical self-injury or injury to others; or ``(C) avoid placement in an institutional facility. ``(4) Eligible organization.--The term `eligible organization' means-- ``(A) a local government agency; ``(B) a health care entity; or ``(C) any other nonprofit or community organization, that has experience providing the services described in subsection (f). ``(c) Coordination.--In carrying out this section, the Secretary shall coordinate with-- ``(1) the heads of the National Family Caregiver Support Program of the Administration on Aging and other programs within the Department of Health and Human Services (such as the Lifespan Respite Care Program) and the Secretary of Veterans Affairs, to ensure coordination of caregiver services for caregivers of children or adults with special needs; and ``(2) the Administrator of the Centers for Medicare & Medicaid Services, to avoid duplicative services and payments. ``(d) Application.--An eligible organization that desires a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum-- ``(1) an outreach plan that identifies how the eligible organization will ascertain which caregivers in the community-- ``(A) are most in need of support and education, particularly caregivers who have had no training and provide complex chronic care activities or perform medical or nursing tasks in addition to assisting with activities of daily living; ``(B) are caring for individuals who are at the greatest risk of needing institutional care; and ``(C) desire to participate in the caregiver home visiting program; ``(2) a description of the services that the eligible organization will provide directly using grant funds, and a description of the services that the eligible organization will use grant funds to provide through contracts or referrals; ``(3) a description of how the eligible organization will identify gaps in the services that caregivers and children or adults with a special need who receive care from a caregiver in the community are receiving; ``(4) a description of how the eligible organization can provide-- ``(A) an initial visit to caregivers in order to complete a caregiver assessment, including a description of the eligible organization's expertise in conducting caregiver assessments; ``(B) education and training, based on evidence- based models, to help the caregiver learn how to best care for a child or adult with a special need, by an individual with expertise in the tasks for which the caregiver requires education and training, including education and training regarding, as applicable-- ``(i) medication management; ``(ii) wound care; ``(iii) nutrition and food preparation for special diets; ``(iv) fall prevention; ``(v) management of depression, anxiety, stress, trauma, and other behavioral health conditions, including ways to minimize negative mental health effects; ``(vi) assistance with activities of daily living; ``(vii) ways to engage other family members in providing care; ``(viii) ways to identify and utilize available community resources; and ``(ix) abuse and neglect prevention; and ``(C) recommendations for home modifications or physical environmental changes that could improve the health or quality of life of a child or adult with a special need who is receiving care from a caregiver; ``(5) a description of the eligible organization's ability to provide, or refer caregivers to local resources or appropriate programs of the Department of Health and Human Services or the Department of Veterans Affairs that will provide-- ``(A) physical and mental health care, including home health care and long-term support services; ``(B) transportation; ``(C) home modification services; ``(D) respite care; ``(E) adult day care; ``(F) support groups; and ``(G) legal assistance; ``(6) a description of the eligible organization's ability to coordinate with other State and community-based agencies; ``(7) a description of the eligible organization's understanding of caregiver issues-- ``(A) across demographic groups, including age, gender, race and ethnicity, socioeconomic status, sexual orientation, military status, and geographical region; and ``(B) including disabilities and chronic conditions that affect the populations that the eligible organization will serve; ``(8) a description of the capacity of the eligible organization to engage caregivers, family members, and children or adults with a special need who receive care from a caregiver; and ``(9) with respect to the population of caregivers to whom caregiver visits or services will be provided, or for whom workers and volunteers will be recruited and trained, a description of-- ``(A) the population of caregivers; ``(B) the extent and nature of the needs of that population; and ``(C) existing caregiver services for that population, including the number of caregivers served and the extent of unmet need. ``(e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible organizations that-- ``(1) the Secretary determines show the greatest likelihood of implementing or enhancing caregiver home visiting services that best meet the needs of the community; ``(2) will allow caregivers to contact the eligible organization by phone, email, or 2-way interactive video for up to 6 months after home visits have ended, or to otherwise contact the organization at any time if a caregiver has questions or concerns; ``(3) have a proven record of caregiver support; ``(4) will use evidence-based programs; or ``(5) will provide matching funds or can demonstrate that the program funded by a grant under this section will be sustainable after grant funds are no longer provided. ``(f) Authorized Activities.--An eligible organization receiving a grant under this section shall use grant funds to-- ``(1) conduct an initial home visit for each caregiver participating in the program, during which a representative from the eligible organization who has expertise in care management in the home and caregiving will perform a caregiver assessment and determine what follow-up services may benefit the caregiver and the child or adult with a special need who receives care from the caregiver; ``(2) conduct home visits for the purpose of caregiver education and training; ``(3) provide, or provide referrals for, the services described in subsection (d)(5); ``(4) provide an assessment and referral for physical and mental health services for the caregiver and for the child or adult with a special need who receives care from the caregiver, as needed; and ``(5) carry out any other activities that are described in the grant application submitted under subsection (d). ``(g) Technical Assistance Center.--The Secretary shall establish, or contract to establish, a technical assistance center through which the Secretary shall-- ``(1) provide evidence-based models for programs funded by grants under this section; ``(2) provide training for grantees; ``(3) answer questions from grantees; and ``(4) facilitate an exchange of information among grantees, and between grantees and other programs within the Department of Health and Human Services, including through use of the Technical Assistance Exchange of the Administration for Community Living, in order to maximize the use of existing resources and services for caregivers and to avoid the duplication of such services. ``(h) Evaluation.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section, and annually thereafter, the Secretary shall evaluate the success of the grant program carried out under this section, based on criteria that the Secretary may develop for such evaluation. ``(2) Optional contents of evaluation.--The evaluation described in paragraph (1) may include an evaluation of-- ``(A) the extent to which children or adults with a special need who are cared for by a participating caregiver have-- ``(i) a reduction in the potential number of hospitalizations; ``(ii) a reduction in the potential number of institutionalizations; ``(iii) cost reductions across the health care system; ``(iv) improved connection to community resources; ``(v) improved care; and ``(vi) improved quality of life (including a reduction of stress and anxiety and improved relationships and mood); and ``(B) the extent to which participating caregivers have improved quality of life (including a reduction of stress and anxiety and improved health, relationships, mood, and connection to community resources). ``(i) Reports and Recommendations.--Not later than 1 year before the expiration of the grants awarded under this section, the Secretary shall prepare and submit a report to Congress that includes recommendations, based on the evaluation described in subsection (h), about-- ``(1) changes to the grant program under this section; ``(2) the potential for expanding the number and scope of caregiver home visiting program grants distributed by the Secretary; and ``(3) extending the length of the grant program. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''.

In-Home Caregiver Assessment Resources and Education Act or the In-Home CARE Act This bill amends the Public Health Service Act to require the Administration for Community Living to award grants to carry out home visiting programs for unpaid caregivers. The Department of Health and Human Services must coordinate with the National Family Caregiver Support Program, the Centers for Medicare & Medicaid Services, the Department of Veterans Affairs, and others on this grant program. Grantees must provide: caregiver education and training regarding medication management, food preparation, falls prevention, and other subjects; services or referrals for services related to home care, such as transportation, home modification, or respite care; and an assessment and referral for physical and mental health services for the caregiver or person receiving care from the caregiver.

In-Home Caregiver Assessment Resources and Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Refugee Immigration Fairness Act of 2015''. SEC. 2. ADJUSTMENT OF STATUS. (a) Adjustment of Status.-- (1) In general.-- (A) Eligibility.--Except as provided under subparagraph (B), the Secretary of Homeland Security shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien-- (i) applies for adjustment not later than 1 year after the date of the enactment of this Act; and (ii) is otherwise eligible to receive an immigrant visa and admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (B) Ineligible aliens.--An alien shall not be eligible for adjustment of status under this section if the Secretary of Homeland Security determines that the alien-- (i) has been convicted of any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); (ii) has been convicted of 2 or more crimes involving moral turpitude; or (iii) has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. (2) Relationship of application to certain orders.-- (A) In general.--An alien present in the United States who has been subject to an order of exclusion, deportation, or removal, or has been ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1) if otherwise qualified under such paragraph. (B) Separate motion not required.--An alien described in subparagraph (A) may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the order described in subparagraph (A). (C) Effect of decision by secretary.--If the Secretary of Homeland Security adjusts the status of an alien pursuant to an application under paragraph (1), the Secretary shall cancel the order described in subparagraph (A). If the Secretary of Homeland Security makes a final decision to deny such adjustment of status, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided under subsection (a) shall apply to any alien-- (A) who is-- (i) a national of Liberia; and (ii) has been continuously present in the United States between January 1, 2013, and the date on which the alien submits an application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall establish procedures, by regulation, through which an alien, who is subject to a final order of deportation, removal, or exclusion, may seek a stay of such order based upon the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security may not order an alien to be removed from the United States if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a) unless the Secretary of Homeland Security has made a final determination to deny the application. (3) Work authorization.-- (A) In general.--The Secretary of Homeland Security may-- (i) authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States while a determination regarding such application is pending; and (ii) provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment. (B) Pending applications.--If an application for adjustment of status under subsection (a) is pending for a period exceeding 180 days and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Record of Permanent Residence.--Upon the approval of an alien's application for adjustment of status under subsection (a), the Secretary of Homeland Security shall establish a record of the alien's admission for permanent residence as of the date of the alien's arrival in the United States. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); and (2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). (f) Limitation on Judicial Review.--A determination by the Secretary of Homeland Security regarding the adjustment of status of any alien under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--If an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (h) Application of Immigration and Nationality Act Provisions.-- (1) Definitions.--Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this section. (2) Savings provision.--Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary of Homeland Security in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigration, nationality, or naturalization. (3) Effect of eligibility for adjustment of status.-- Eligibility to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude an alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.

Liberian Refugee Immigration Fairness Act of 2015 This bill directs the Department of Homeland Security to adjust to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States between January 1, 2013, through the date of status adjustment application; or (2) is the spouse, child, or unmarried son or daughter of such an alien. Adjustment applications must be filed not later than one year after the date of enactment of this bill.

Liberian Refugee Immigration Fairness Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``E-Mail User Protection Act of 1998''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Internet has become a critical mode of global communication and now presents unprecedented opportunities for the development and growth of global commerce and an integrated worldwide economy. (2) The receipt of unsolicited commercial e-mail may result in undue monetary costs to recipients who cannot refuse to accept such mail and who incur costs for the storage of such mail, or for the time spent accessing, reviewing, and discarding such mail, or for both. (3) An increasing number of senders of unsolicited commercial e-mail purposefully disguise the source of such mail so as to prevent recipients from responding to such mail quickly and easily. (4) Because recipients of unsolicited commercial e-mail that does not provide a return address are unable to avoid the receipt of such mail through reasonable means, such mail may threaten the privacy of recipients. (5) By providing remedies similar to those provided with respect to unsolicited facsimile transmissions and automated dialing equipment in the Telephone Consumer Protection Act of 1991, the Congress can provide privacy protections without infringing important Constitutional rights or imperiling the commercial development of the Internet. SEC. 3. RESTRICTIONS ON THE USE OF UNSOLICITED COMMERCIAL E-MAIL. Part 1 of title II of the Communications Act of 1934 is amended by inserting after section 230 (47 U.S.C. 230) the following new section: ``SEC. 231. RESTRICTIONS ON THE USE OF UNSOLICITED COMMERCIAL E-MAIL. ``(a) Violations Directed at Interactive Computer Services.-- ``(1) For purposes of this subsection, a violation is defined as each initiation of a transmission without regard to the number of electronic mail addresses to which the transmission is sent. ``(2) It shall be a violation of this Act, punishable under subsection (c)(1), for any person-- ``(A) to intentionally initiate the transmission of an unsolicited commercial e-mail message from an unregistered or fictitious Internet domain, or an unregistered or fictitious electronic mail address, for the purpose of-- ``(i) preventing replies to such message through the use of standard reply mechanisms in the recipient's electronic mail system, or ``(ii) preventing receipt of standard notices of non-delivery; ``(B) to intentionally use or distribute a computer program or other technical mechanism or procedure intending to disguise the source of unsolicited commercial e-mail messages or to disable or circumvent a mail filtering tool; ``(C) to intentionally distribute, through computer software or in any other manner, a collection or list of electronic mail addresses knowing that the collection or list contains addresses of persons who have previously requested removal from the list; ``(D) to intentionally register, create, or cause to be created an Internet domain under false pretenses or to apply for, register, or otherwise obtain the use of an Internet electronic mail account for the sole or primary purpose of disguising the source of unsolicited electronic mail messages; ``(E) to direct an unsolicited commercial e-mail message through the server of an interactive computer service provider to one or more subscribers of the interactive computer service, knowing or having reason to know that such action is in contravention of the rules of the interactive computer service with respect to unsolicited commercial e-mail messages; ``(F) knowing or having reason to know that such action is in contravention of the rules of an interactive computer service, to access the server of such interactive computer service and to use a computer program to collect electronic mail addresses of subscribers of the interactive computer service for the purpose of sending such subscribers unsolicited commercial e-mail or selling or distributing the list thereby collected or obtained. ``(b) Violations Directed at Individuals.-- ``(1) For purposes of this subsection, a violation is defined as each electronic mail address which receives a transmission. ``(2) It shall be a violation of this Act, punishable under subsection (c)(2), for any person-- ``(A) to fail to comply with the request of the recipient of an electronic mail message, made to the sender or mailing list manager, as appropriate, to cease sending electronic messages to the recipient in the future; or ``(B) to initiate the transmission of an unsolicited commercial e-mail message to a recipient despite having been given prior notice (either directly or through a standard method developed, adopted, or modified by an Internet standard setting organization, such as the Internet Engineering Task Force, to better facilitate pre-emptive consumer control over unsolicited, commercial e-mail) that the recipient does not wish to receive such messages. ``(c) Liability for Violations.--Any person or entity who violates any provision of subsection (a) or (b) shall be liable to any injured party for such relief as is set out below. ``(1) Relief for interactive computer services.--In an action under this section for violation of subsection (a), relief may include-- ``(A) such preliminary and other equitable or declaratory relief as may be appropriate; ``(B) for actual monetary loss from a violation, statutory damages of not more than $10,000 for each violation, and, if the court finds that the defendant's actions were particularly egregious, willful, or knowing, the court may, in its discretion, increase the amount of an award to an amount equal to not more than 10 times the amount available hereunder, and ``(C) reasonable attorneys' fees and other litigation costs reasonably incurred. ``(2) Relief for individuals.-- ``(A) In an action under this section for violation of subsection (b), relief shall be sought in an action brought by the attorney general of one or more states. ``(B) Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of transmitting unsolicited commercial e-mail to residents of that State in violation of this section or the regulations prescribed under this section, the State may bring a civil action on behalf of its residents for such relief as may be appropriate. ``(C) In an action under this subsection, appropriate relief includes-- ``(i) an injunction or such preliminary and other equitable or declaratory relief as may be appropriate; ``(ii) an action to recover statutory $500 in damages for each violation; or ``(iii) both such actions. ``(D) If the court finds the defendant's actions were particularly egregious, willful, or knowing, the court may, in its discretion, increase the amount of the award to an amount equal to not more than ten times the amount available in (C). ``(E) reasonable attorneys' fees and other litigation costs reasonably occurred. ``(d) State Law.--Nothing in this Act shall be construed to prevent any State from enforcing any State law that is consistent with this Act. No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this Act. ``(e) Definitions.--In this Act: ``(1) Electronic mail address.-- ``(A) In general.--The term `electronic mail address' means a destination (commonly expressed as a string of characters) to which electronic mail can be sent or delivered. ``(B) Inclusion.--In the case of the Internet, the term `electronic mail address' may include an electronic mail address consisting of a user name of mailbox (commonly referred to as the `local part') and a reference to an Internet domain (commonly referred to as the `domain part'). ``(2) Initiates the transmission.--The term `initiates the transmission', in the case of an electronic mail message, refers to the action of the original sender of the message and not to any intervening computer service that may handle or retransmit the message, unless the intervening computer service retransmits the message with an intent to engage in activities prohibited by this Act. ``(3) Interactive computer service.--The term `interactive computer service' has the meaning given that term in section 230(c)(2) of the Communications Act of 1934 (47 U.S.C. 230(e)(2)). ``(4) Internet.--The term `Internet' has the meaning given that term in section 230(c)(1) of the Communications Act of 1934 (47 U.S.C. 230(c)(1)). ``(5) Internet domain.--The term `Internet domain' refers to a specific computer system (commonly referred to as a `host') or collection of computer systems attached to or able to be referenced from the Internet which are assigned a specific reference point on the Internet (commonly referred to as the `Internet domain name') and registered with an organization recognized by the computer industry as a registrant of Internet domains. ``(6) Mailing list.--The term `mailing list' refers to a computer program that provides electronic mailing list management functions, including functions that allow individuals to subscribe and unsubscribe to and from electronic mailing lists. ``(7) Mail filtering tool.--The term `mail filtering tool' means any computer program, procedure, or mechanism used by an individual recipient or interactive computer service to block, return, reroute, or otherwise screen or sort incoming electronic mail messages. ``(8) Servers.--The term `server' refers to any computer or program that provides support or services of any kind, including electronic mailboxes, to other computers. ``(9) Unsolicited commercial e-mail message.--The term `unsolicited commercial e-mail message' means any electronic mail other than-- ``(A) electronic mail sent by persons to recipients with whom they have a direct or indirect relationship, including a prior business relationship; or ``(B) mail sent by a source to a recipient where such recipient, or someone authorized by him, has at any time affirmatively requested communications from that source.''. SEC. 4. EFFECTIVE DATE. The provisions of this Act shall take effect 45 days after the date of enactment of this Act.

E-Mail User Protection Act of 1998 - Amends the Communications Act of 1934 to prohibit any person from: (1) intentionally soliciting the transmission of unsolicited commercial e-mail from an unregistered or fictitious Internet domain or e-mail address in order to prevent reply through standard reply mechanisms; (2) intentionally using or distributing a computer program or other mechanism or procedure to disguise the source of unsolicited commercial e-mail; (3) intentionally distributing a collection or list of e-mail addresses knowing that persons on such list have previously requested removal from the list; (4) intentionally registering or creating an Internet e-mail account for the sole or primary purpose of disguising the source of unsolicited e-mail messages; (5) directing an unsolicited commercial e-mail message to subscribers of an interactive computer service (service), knowing such to be in contravention to the rules of such service with respect to unsolicited commercial e-mail messages; or (6) accessing the server of a service and using a computer program to collect e-mail addresses of service subscribers in order to send such subscribers unsolicited commercial e-mail or to sell or distribute a list of such subscribers. Considers each transmission received by an individual to be a separate violation for purposes of this Act. Provides appropriate relief for both individuals and service providers. Authorizes a State, through its Attorney General, to bring an action on behalf of its residents for appropriate relief.

E-Mail User Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Promotion Equity Act''. SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM. (a) Declaration of Policy.--The first sentence of section 110(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501(b)) is amended-- (1) by inserting after ``commercial use'' the following: ``and on imported dairy products''; and (2) by striking ``products produced in'' and inserting ``products produced in or imported into''. (b) Definitions.--Section 111 of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502) is amended-- (1) in subsection (k), by striking ``and'' at the end; (2) in subsection (l), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(m) the term `imported dairy product' means any dairy product that is imported into the United States, including-- ``(1) milk and cream and fresh and dried dairy products; ``(2) butter and butterfat mixtures; ``(3) cheese; ``(4) casein and mixtures; and ``(5) other dairy products; and ``(n) the term `importer' means a person that imports an imported dairy product into the United States.''. (c) Funding.-- (1) Representation on board.--Section 113(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is amended-- (A) by designating the first through ninth sentences as paragraphs (1) through (5) and paragraphs (7) through (10), respectively; (B) in paragraph (1) (as so designated), by striking ``thirty-six'' and inserting ``38''; (C) in paragraph (2) (as so designated), by striking ``Members'' and inserting ``Of the members of the Board, 36 members''; and (D) by inserting after paragraph (5) (as so designated) the following: ``(6) Importers.-- ``(A) In general.--Of the members of the Board, 2 members shall be representatives of importers of imported dairy products. ``(B) Appointment.--The importer representatives shall be appointed by the Secretary from nominations submitted by importers under such procedures as the Secretary determines to be appropriate.''. (2) Assessment.--Section 113(g) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended-- (A) by designating the first through fifth sentences as paragraphs (1) through (5), respectively; and (B) by adding at the end the following: ``(6) Importers.-- ``(A) In general.--The order shall provide that each importer of imported dairy products shall pay an assessment to the Board in the manner prescribed by the order. ``(B) Rate.--The rate of assessment on imported dairy products shall be determined in the same manner as the rate of assessment per hundredweight or the equivalent of milk. ``(C) Value of products.--For the purpose of determining the assessment on imports under subparagraph (B), the value to be placed on imported dairy products shall be established by the Secretary in a fair and equitable manner.''. (3) Records.--The first sentence of section 113(k) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(k)) is amended by striking ``person receiving'' and inserting ``importer of imported dairy products, each person receiving''. (4) Referendum.--Section 116 of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4507) is amended by adding at the end the following: ``(d) Referendum on Dairy Promotion Equity Act.-- ``(1) In general.--On the request of a representative group comprising 10 percent or more of the number of producers subject to the order, the Secretary shall-- ``(A) conduct a referendum to determine whether the producers favor suspension of the application of the amendments made by section 2 of the Dairy Promotion Equity Act; and ``(B) suspend the application of the amendments until the results of the referendum are known. ``(2) Continuation of suspension.--The Secretary shall continue the suspension of the application of the amendments referred to in paragraph (1)(A) only if the Secretary determines that suspension of the application of the amendments is favored by a majority of the producers voting in the referendum who, during a representative period (as determined by the Secretary), have been engaged in the production of milk for commercial use.''.

Dairy Promotion Equity Act - Amends the Dairy Production Stabilization Act of 1983 to: (1) require dairy importers to contribute to the dairy promotion program; (2) increase National Dairy Board membership by including importers; and (3) provide for a referendum regarding suspension of certain provisions under the Dairy Promotion Equity Act.

Dairy Promotion Equity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Confidential Information Protection Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Consumers, citizens, businesses, and other organizations have varying degrees of legal protection when providing information to the Federal Government for strictly statistical purposes. (2) The integrity and credibility of pledges of confidentiality by the Federal Government provide assurances to the public that information about individuals or organizations or provided by individuals or organizations for exclusively statistical purposes will be held in confidence and will not be used against such individuals or organizations in any Federal Government action. (3) Protecting the privacy and confidentiality interests of individuals or organizations who provide information for Federal statistical programs serves both the interests of the public and the needs of society. (4) Declining trust of the public in the protection of information provided to the Federal Government adversely affects both the accuracy and completeness of statistical analyses. (5) Ensuring that information provided for statistical purposes receives protection is essential in continuing public cooperation in statistical programs. (b) Purposes.--The purposes of this Act are the following: (1) To ensure that information supplied by individuals or organizations to an agency for statistical purposes is used exclusively for statistical purposes. (2) To ensure that individuals or organizations who supply information to the Federal Government for statistical purposes will not have that information disclosed in identifiable form for any purpose other than a statistical purpose, without the consent of such individuals or organizations. (3) To safeguard the confidentiality of individually identifiable information acquired for statistical purposes by controlling access to, and uses made of, such information. (4) To respect the rights and privileges of the public by observing and promoting fair information practices. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``respondent'' means a person who, or organization that, is requested or required to supply information to an agency, is the subject of information requested or required to be supplied to an agency, or provides that information to an agency. (2) The term ``identifiable form'' means any representation of information that permits information concerning individual subjects to be reasonably inferred by either direct or indirect means. (3) The term ``nonstatistical purpose'' means use of data in identifiable form for any purpose that is not a statistical purpose, and includes any administrative, regulatory, law enforcement, adjudicatory, or other purpose that affects the rights, privileges, or benefits of a particular identifiable respondent. (4) The term ``agency'' means any entity that falls within the definition of the term ``executive agency'' as defined in section 102 of title 31, United States Code, or ``agency'', as defined in section 3502 of title 44, United States Code. (5) The term ``statistical purpose''-- (A) means the description, estimation, or analysis of the characteristics of groups without regard to the identities of individuals or organizations that comprise such groups; and (B) includes the development, implementation, or maintenance of methods, technical or administrative procedures, or information resources that support the purposes described in subparagraph (A). (6) The term ``statistical agency or unit'' means an agency or organizational unit of the executive branch whose activities are predominantly the collection, compilation, processing, or analysis of information for statistical purposes. (7) The term ``agent'' means a person designated by an executive agency to perform, either in the capacity of a Federal employee or otherwise, exclusively statistical activities under the supervision or control of an officer or employee of that agency, who agrees in writing to comply with all provisions of law that affect information acquired by that agency. SEC. 4. LIMITATIONS ON USE AND DISCLOSURE OF DATA AND INFORMATION. (a) Use of Statistical Data or Information.--Data or information acquired by an agency for exclusively statistical purposes shall be used by the agency only for statistical purposes. (b) Disclosure of Statistical Data or Information.--Data or information acquired by an agency for exclusively statistical purposes shall not be disclosed by an agency in identifiable form, for any purpose other than a statistical purpose, without the informed consent of the respondent. (c) Rule for Use of Data or Information for Nonstatistical Purposes.--A statistical agency or unit shall clearly distinguish any data or information it collects for nonstatistical purposes (as authorized by law) by a rule that provides that the respondent supplying the data or information is fully informed, before the data or information is collected, that the data or information will be used for nonstatistical purposes. (d) Designation of Agents.--A statistical agency or unit may designate agents who may perform exclusively statistical activities, subject to the limitations and penalties described in this Act. SEC. 5. COORDINATION AND OVERSIGHT OF POLICIES. (a) In General.--The Director of the Office of Management and Budget shall coordinate and oversee the confidentiality and disclosure policies established by this Act. (b) Review and Approval of Rules.--The Director shall review any rules proposed by an agency pursuant to this Act for consistency with the provisions of this Act and chapter 35 of title 44, United States Code, and such rules shall be subject to the approval of the Director. SEC. 6. EFFECT ON OTHER LAWS. (a) Title 44, U.S.C.--This Act does not diminish the authority under section 3510 of title 44, United States Code, of the Director of the Office of Management and Budget to direct, and of an agency to make, disclosures that are not inconsistent with any applicable law. (b) Exemption From Freedom of Information Act.--Data or information acquired for exclusively statistical purposes as described in section 4 is exempt from mandatory disclosure under section 552 of title 5, United States Code, pursuant to section 552(b)(3) of such title. (c) Preemption of State Law.--Nothing in this Act shall preempt applicable State law regarding the confidentiality of data collected by the States. (d) Construction.--Nothing in this Act shall be construed as restricting or diminishing any confidentiality protections that otherwise apply to data or information collected for statistical purposes or nonstatistical purposes. SEC. 7. DISCLOSURE PENALTIES. An officer, employee, or agent of an agency who knowingly, without the informed consent of the respondent, discloses in identifiable form, for any purpose other than a statistical purpose, data or information acquired by an agency for an exclusively statistical purpose, shall be found guilty of a class E felony and imprisoned for not more than 5 years, or fined not more than $250,000, or both.

Confidential Information Protection Act - Requires data or information acquired by executive agencies for exclusively statistical purposes to be used only for such purposes.Prohibits data or information acquired by an agency for such purposes from being disclosed in identifiable form, for any purpose other than such a purpose, without the informed consent of the respondent.Requires a statistical agency to clearly distinguish any data or information it collects for nonstatistical purposes by a rule that provides that the respondent is fully informed that the information to be collected will be used for such purposes.Requires: (1) the Director of the Office of Management and Budget to coordinate and oversee such confidentiality and disclosure policies; and (2) any rules proposed by an agency pursuant to this Act to be subject to the Director's review and approval.Exempts data or information acquired for exclusively statistical purposes from mandatory disclosure under the Freedom of Information Act. Provides that this Act does not preempt applicable State law regarding the confidentiality of data collected by the States.Sets forth penalties for violations of this Act.

To protect the confidentiality of information acquired from the public for statistical purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Adjustment Assistance Reform Act of 1998''. SEC. 2. AUTHORIZATION OF CONSOLIDATED TRADE ADJUSTMENT ASSISTANCE. (a) Authorization of Appropriations.--Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended to read as follows: ``SEC. 245. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Department of Labor for each of the fiscal years 1999 through 2003 such sums as may be necessary to carry out the purposes of this chapter.''. (b) Repeal of NAFTA Transitional Adjustment Assistance Program.-- (1) In general.--Subchapter D of chapter 2 of title II of such Act (19 U.S.C. 2331) is hereby repealed. (2) Conforming amendments.--(A) Section 249A of such Act (19 U.S.C. 2322) is hereby repealed. (B) The table of contents of such Act is amended-- (i) by striking the item relating to section 249A; and (ii) by striking the items relating to subchapter D of chapter 2 of title II. (c) Termination.--Section 285(c) of such Act (19 U.S.C. 2271 note) is amended to read as follows: ``(c) No assistance, vouchers, allowances, or other payments may be provided under chapter 2, and no technical assistance may be provided under chapter 3, after September 30, 2003.''. SEC. 3. FILING OF PETITIONS AND PROVISION OF RAPID RESPONSE ASSISTANCE; EXPEDITED REVIEW OF PETITIONS BY SECRETARY OF LABOR. (a) Filing of Petitions and Provision of Rapid Response Assistance.--Section 221(a) of the Trade Act of 1974 (19 U.S.C. 2271(a)) is amended to read as follows: ``(a)(1) A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this chapter may be filed with the Governor of the State in which such workers' firm or subdivision is located by the following: ``(A) The group of workers (including workers in an agricultural firm or subdivision of any agricultural firm). ``(B) The certified or recognized union or other duly authorized representative of such workers. ``(C) Employers of such workers, one-stop career centers, or State employment agencies, on behalf of such workers. ``(2) Upon receipt of a petition filed under paragraph (1), the Governor-- ``(A) shall immediately transmit the petition to the Secretary of Labor (hereinafter in this chapter referred to as the `Secretary'); ``(B) shall ensure that rapid response assistance and basic readjustment services authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and ``(C) shall assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Secretary may request. ``(3) Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation.''. (b) Expedited Review of Petitions by Secretary of Labor.--Section 223(a) of such Act (19 U.S.C. 2273(a)) is amended in the first sentence by striking ``60 days'' and inserting ``40 days''. SEC. 4. ADDITION OF SHIFT IN PRODUCTION AS BASIS FOR ELIGIBILITY FOR TRADE ADJUSTMENT ASSISTANCE. Section 222(a) of the Trade Act of 1974 (19 U.S.C. 2272(a)) is amended to read as follows: ``(a) A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as eligible to apply for adjustment assistance under this chapter pursuant to a petition filed under section 221 if the Secretary determines that-- ``(1) a significant number or proportion of the workers in such workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; and ``(2)(A)(i) the sales or production, or both, of such firm or subdivision have decreased absolutely; ``(ii) imports of articles like or directly competitive with articles produced by such firm or subdivision have increased; and ``(iii) the increase in imports under clause (ii) contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm or subdivision; or ``(B) there has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision.''. SEC. 5. INFORMATION ON CERTAIN CERTIFICATIONS. Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by adding at the end the following subsection: ``(e) The Secretary shall collect and maintain information-- ``(1) identifying the countries to which firms have shifted production resulting in certifications under section 222(a)(2)(B), including the number of such certifications relating to each country; and ``(2) to the extent feasible, identifying the countries from which imports of articles have resulted in certifications under section 222(a)(2)(A), including the number of such certifications relating to each country.''. SEC. 6. ENROLLMENT IN TRAINING REQUIREMENT. Section 231(a)(5)(A) of the Trade Act of 1974 (19 U.S.C. 2291(a)(5)(A)) is amended-- (1) by inserting ``(i)'' after ``(A)''; (2) by adding ``and'' after the comma at the end; and (3) by adding at the end the following: ``(ii) the enrollment required under clause (i) occurs no later than the latest of-- ``(I) the last day of the 16th week after the worker's most recent total separation from adversely affected employment which meets the requirements of paragraphs (1) and (2); ``(II) the last day of the 8th week after the week in which the Secretary issues a certification covering the worker; or ``(III) 45 days after the later of the dates specified in subclause (I) or (II), if the Secretary determines there are extenuating circumstances that justify an extension in the enrollment period;''. SEC. 7. WAIVERS OF TRAINING REQUIREMENTS. (a) In General.--Section 231(c) of the Trade Act of 1974 (19 U.S.C. 2291(c)) is amended to read as follows: ``(c)(1) The Secretary may issue a written statement to a worker waiving the enrollment in training requirement of subsection (a)(5)(A) if the Secretary determines that such training requirement is not feasible or appropriate for the worker, as indicated by 1 or more of the following: ``(A) The worker has been notified that the worker will be recalled by the firm from which the qualifying separation occurred. ``(B) The worker has marketable skills as determined pursuant to an assessment of the worker, which may include the profiling system under section 303(j) of the Social Security Act (42 U.S.C. 503(j)), carried out in accordance with guidelines issued by the Secretary. ``(C) The worker is within 2 years of meeting all requirements for entitlement to old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) (except for application therefor). ``(D) The worker is unable to participate in training due to health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws. ``(E) The first available enrollment date for the approved training of the worker is within 45 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Secretary. ``(F) There are insufficient funds available for training under this chapter, taking into account the limitation under section 236(a)(2)(A). ``(G) The duration of training appropriate for the individual to obtain suitable employment exceeds the individual's maximum entitlement to basic and additional trade readjustment allowances and, in addition, financial support available through other Federal or State programs, including title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.) or chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, that would enable the individual to complete a suitable training program cannot be assured. ``(2) The Secretary shall specify the duration of the waiver under paragraph (1) and shall periodically review the waiver to determine whether the basis for issuing the waiver remains applicable. If at any time the Secretary determines such basis is no longer applicable to the worker, the Secretary shall revoke the waiver. ``(3) Pursuant to the agreement under section 239, the Secretary may authorize the State or State agency to carry out activities described in paragraph (1) (except for the determination under subparagraphs (F) and (G) of paragraph (1)). Such agreement shall include a requirement that the State or State agency submit to the Secretary the written statements provided pursuant to paragraph (1) and a statement of the reasons for the waiver. ``(4) The Secretary shall submit an annual report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives identifying the number of workers who received waivers and the average duration of such waivers issued under this subsection during the preceding year.''. (b) Conforming Amendment.--Section 231(a)(5)(C) of such Act (19 U.S.C. 2291(a)(5)(C)) is amended by striking ``certified''. SEC. 8. PROVISION OF TRADE READJUSTMENT ALLOWANCES DURING BREAKS IN TRAINING. Section 233(f) of the Trade Act of 1974 (19 U.S.C. 2293(f)) is amended in the matter preceding paragraph (1) by striking ``14 days'' and inserting ``30 days''. SEC. 9. INCREASE IN ANNUAL TOTAL AMOUNT OF PAYMENTS FOR TRAINING. Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended by striking ``$80,000,000'' and inserting ``$150,000,000''. SEC. 10. ELIMINATION OF QUARTERLY REPORT. Section 236(d) of the Trade Act of 1974 (19 U.S.C. 2296(d)) is amended by striking the last sentence of such subsection. SEC. 11. COORDINATION WITH ONE-STOP CAREER CENTERS, THE JOB TRAINING PARTNERSHIP ACT, AND THE WORKFORCE INVESTMENT ACT OF 1998. (a) Coordination With One-Stops.--Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended by inserting ``, including the services provided through one-stop career centers'' before the period at the end of the first sentence. (b) Coordination With Job Training Partnership Act and Workforce Investment Act of 1998.--Section 239(e) such Act (19 U.S.C. 2311(e)) is amended-- (1) in the first sentence, by inserting after ``Job Training Partnership Act'' the following: ``or under provisions relating to dislocated worker employment and training activities under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, as the case may be,''; and (2) by inserting after the first sentence the following: ``Such coordination shall include common reporting systems and elements, including common elements relating to participant data and performance outcomes (including employment, retention of employment, and wages).''. SEC. 12. SUPPORTIVE SERVICES. (a) In General.--Part II of subchapter B of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is amended by adding at the end the following: ``SEC. 238A. SUPPORTIVE SERVICES. ``(a) Application.--Any adversely affected worker covered by a certification under subchapter A of this chapter may file an application with the Secretary for the provision of supportive services, including transportation, child and dependent care, and other similar services. ``(b) Conditions.--The Secretary may approve an application filed under subsection (a) and provide supportive services to an adversely affected worker only if the Secretary determines that-- ``(1) the provision of such services is necessary to enable the worker to participate in or complete training; and ``(2) the provision of such services is consistent with the provision of supportive services to participants under the employment and training assistance for dislocated workers program under title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.), as in effect on the date of the enactment of the Trade Adjustment Assistance Reform Act of 1998, or under the provisions relating to dislocated worker employment and training activities under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, as the case may be.''. (b) Conforming Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 238 the following: ``Sec. 238A. Supportive services.''. SEC. 13. ADDITIONAL CONFORMING AMENDMENTS. (a) Section 225.--Section 225(b) of the Trade Act of 1974 (19 U.S.C. 2275(b)) is amended in each of paragraphs (1) and (2) by striking ``or subchapter D''. (b) Section 240.--Section 240(a) of such Act (19 U.S.C. 2312(a)) is amended by striking ``subchapter B of''. SEC. 14. AVAILABILITY OF CONTINGENCY FUNDS. Section 245 of the Trade Act of 1974 (19 U.S.C. 2317), as amended by this Act, is further amended-- (1) by striking ``There are authorized'' and inserting ``(a) In General.--There are authorized''; and (2) by adding at the end the following: ``(b) Contingency Funds.--Subject to the limitation contained in section 236(a)(2), if in any fiscal year the funds available to carry out the programs under this chapter are exhausted, there shall be made available from funds in the Treasury not otherwise appropriated amounts sufficient to carry out such programs for the remainder of the fiscal year.''. SEC. 15. REAUTHORIZATION OF ADJUSTMENT ASSISTANCE FOR FIRMS. Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking ``and 1998'' and inserting ``1998, and 1999 through 2003''. SEC. 16. PRESIDENTIAL COMMISSION ON WORKERS AND ECONOMIC CHANGE IN THE NEW ECONOMY. (a) Establishment.--There is established a commission to be known as the ``Presidential Commission on Workers and Economic Change in the New Economy'' (in this section referred to as the ``Commission''). (b) Duties.-- (1) Study.--The Commission shall conduct a thorough study of matters relating to economic dislocation and worker adjustment to such dislocations. (2) Conduct of study.--In carrying out the study under paragraph (1), the Commission shall examine-- (A) the impact of trade, technology, and the changing nature of work organizations on workers and the economy, including worker dislocations resulting from these factors; (B) the effectiveness of existing education and job training programs at the Federal level in assisting workers in adjusting to economic change, including the adequacy of the design of such programs and resources devoted to such programs; (C) the strategies for providing workplace education and training to assist workers in acquiring new skills; (D) the role of public-private partnerships in implementing worker education and training; and (E) the role of income support and economic security programs in facilitating worker adjustment in rapidly changing economic circumstances. (c) Membership.--The Commission shall be composed of 15 members appointed by the President. The members of the Commission shall include individuals who are-- (1) Members of Congress; (2) workforce development professionals; (3) educators; (4) heads of appropriate State agencies; (5) business leaders; and (6) representatives of labor organizations who are nominated by a national labor federation. (d) Powers and Personnel.--The Commission shall have such general powers and authority with respect to personnel matters in the same manner and to the same extent as the general powers and authority with respect to personnel matters provided to the Twenty-First Century Workforce Commission under sections 336 and 337 of the Workforce Investment Act of 1998. (e) Report.--Not later than 18 months after the first meeting of the Commission, the Commission shall prepare and submit to the President and the Congress a report that contains-- (1) a detailed statement of the findings and conclusions of the Commission relating to the study carried out under subsection (b); (2) a compendium of best practices and policies carried out by employers and public-private partnerships in providing workers with the education and training needed to effectively adjust to economic change; and (3) any recommendations relating to legislative and administrative actions that the Commission determines to be appropriate. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 1999. SEC. 17. EFFECTIVE DATE; TRANSITION PROVISION. (a) Effective Date.--This Act, and the amendments made by this Act, shall take effect on the date of the enactment of this Act. (b) Transition.--The Secretary of Labor is authorized to establish such rules as the Secretary determines to be appropriate to provide for an orderly transition from the provisions of law amended or repealed by this Act.

Trade Adjustment Assistance Reform Act of 1998 - Amends the Trade Act of 1974 to authorize appropriations to the Department of Labor for FY 1999 through 2003 for trade adjustment assistance (TAA) for workers. (Sec. 2) Repeals the North American Free Trade Agreement (NAFTA) Transitional Adjustment Assistance Program (effectively eliminating TAA for workers under such program). (Sec. 3) Revises requirements for the filing of petitions for TAA for a group of workers adversely affected by imports. Authorizes employers of such workers, one-stop career centers, or State employment agencies to file on their behalf with the Governor of the State (currently, with the Secretary of Labor) a petition for certification of eligibility for such assistance. Requires the Governor to: (1) transmit the petition to the Secretary immediately; (2) ensure that rapid response assistance and basic readjustment services are made available to the workers; and (3) assist the Secretary in the review of the petition. Requires the Secretary to review such petitions for certification of eligibility within 40 days (currently, 60 days) of its filing. (Sec. 4) Adds as a factor in the Secretary's determination of the eligibility of a group of workers for TAA any shift in production by such workers' firm to a foreign country of articles like or directly competitive with articles produced by such firm. (Sec. 5) Directs the Secretary to collect and maintain certain information with respect to certifications of TAA. (Sec. 6) Revises enrollment in training requirements with respect to the payment of TAA to adversely affected workers to set forth certain time periods during which such enrollment must occur. Authorizes the Secretary to issue a statement to a worker waiving the enrollment in training requirements if it is determined that such training requirement is not feasible or appropriate for the worker, based on specified factors. (Sec. 8) Increases from 14 to 30 the number of days an adversely affected worker may have a scheduled break in a training program and still be treated as participating in the program for purposes of TAA eligibility. (Sec. 9) Increases the total annual amount of payments for worker training from $80 million to $150 million for any fiscal year. (Sec. 11) Authorizes the Secretary to secure for adversely affected workers certain employment services, including services provided through one-stop career centers. Provides for the coordination of employment services for adversely affected workers under the Job Training Partnership Act and the Workforce Investment Act of 1998. (Sec. 12) Authorizes an adversely affected worker to file an application with the Secretary for the provision of supportive services, including transportation, child and dependent care, and other similar services. Sets forth specified conditions with respect to such services. (Sec. 14) Makes unappropriated Treasury funds available in any fiscal year that TAA funds become exhausted. (Sec. 15) Authorizes appropriations to the Department of Labor for FY 1999 through 2003 for TAA for firms. (Sec. 16) Establishes the Presidential Commission on Workers and Economic Change in the New Economy to study and report to the President and the Congress on matters relating to economic dislocation and worker adjustment to such dislocations. Authorizes appropriations.

Trade Adjustment Assistance Reform Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Passenger Fairness Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The number of airline passengers on United States carriers is expected to grow from about 600 million per year today to about 1 billion by the year 2008. (2) Since 1978 the number of certified large air carriers has decreased from 30 to 10. In 1998, 6 of the United States' largest air carriers sought to enter into arrangements that would result in 3 large networks comprising approximately 70 percent of the domestic market. (3) Only \2/3\ of all communities in the United States that had scheduled air service in 1978 still have it today, and \1/ 2\ of those remaining are served by smaller airlines feeding hub airports. (4) The Department of Transportation's Domestic Airline Fares Consumer Report for the 3rd Quarter of 1997 listed 75 major city pairs where fares increased by 30 percent or more year-over-year, while total traffic in these city pairs decreased by 863,500 passengers, or more than 20 percent. (5) A 1998 Department of Transportation study found that large United States air carriers charge twice as much at their large hub airports where there is no low fare competition as they charge at a hub airport where a low fare competitor is present. The General Accounting Office found that fares range from 12 percent to 71 percent higher at hubs dominated by one carrier or a consortium. (6) Complaints filed with the Department of Transportation about airline travel have increased by more than 25 percent over the previous year, and complaints against large United States air carriers have increased from 6,394 in 1997 to 7,994 in 1998. (7) The 1997 National Civil Aviation Review Commission reported that recent data indicate the problem of delay in flights is getting worse, and that the number of daily aircraft delays of 15 minutes or longer was nearly 20 percent higher in 1996 than in 1995. (8) The 1997 National Civil Aviation Review Commission forecast that United States domestic and international passenger enplanements are expected to increase 52 percent between 1996 and 2006, and the Federal Aviation Administration forecasts annual growth in revenue passenger miles will average 4.2 percent. (9) A 1998 Department of Transportation study found that the large United States air carriers charge about 60 percent more to passengers traveling to or from small communities than they charge to passengers traveling between large communities. (10) The Congress has directed the Secretary of Transportation to prohibit unfair and deceptive practices in the airline industry. SEC. 3. FAIR PRACTICES FOR AIRLINE PASSENGERS. Section 41712 of title 49, United States Code, is amended-- (1) by striking ``On the initiative'' and inserting ``(a) Duty of the Secretary.--On the initiative''; and (2) by adding at the end thereof the following: ``(b) Specific Practices.--For purposes of subsection (a), the terms `unfair or deceptive practice' and `unfair method of competition' include, in the case of a certificated air carrier, an air carrier's failure-- ``(1) to inform a ticketed passenger, upon request, whether the flight on which the passenger is ticketed is oversold; ``(2) to permit a passenger holding a confirmed reserved space on a flight to use portions of that passenger's ticket for travel, rather than the entire ticket, regardless of the reason any other portion of the ticket is not used; ``(3) to deliver a passenger's checked baggage within 24 hours after arrival of the flight on which the passenger travelled and on which the passenger checked the baggage, except for reasonable delays in delivery of such baggage; ``(4) to provide a consumer full access to all fares for that air carrier, regardless of the technology the consumer uses to access the fares if such information is requested by that consumer; ``(5) to provide notice to each passenger holding a confirmed reserved space on a flight with reasonable prior notice when a scheduled flight will be delayed for any reason (other than reasons of national security); ``(6) to inform passengers accurately and truthfully of the reason for the delay, cancellation, or diversion of a flight; ``(7) to refund the full purchase price of an unused ticket if the passenger requests a refund within 48 hours after the ticket is purchased; ``(8) to disclose to consumers information that would enable them to make informed decisions about the comparative value of frequent flyer programs among airlines, including-- ``(A) the number of seats redeemable on each flight; and ``(B) the percentage of successful and failed redemptions on each airline and on each flight. ``(c) Report.--The Secretary shall include information about violations of subsection (a) by certificated air carriers in the Department of Transportation's monthly Air Travel Consumer Report. ``(d) Confirmed reserved space.--The term `confirmed reserved space' shall mean a space on a specific date and on a specific flight and class of service of a carrier which has been requested by a passenger and which the carrier or its agent has verified, by appropriate notation on the ticket or in any other manner provided by the carrier, as being reserved for the accommodation of the passenger.''.

Airline Passenger Fairness Act - Amends Federal aviation law to revise provisions prohibiting an air carrier, foreign air carrier, or ticket agent from engaging in unfair or deceptive practices or unfair methods of competition in air transportation to include within the definition of such prohibited practices an air carrier's failure to: (1) inform a ticketed passenger, upon request, whether the flight on which the passenger is ticketed is oversold; (2) permit a passenger holding a confirmed reserved space on a flight to use portions of that passenger's ticket for travel, rather than the entire ticket, regardless of the reason any other portion of the ticket is not used; (3) deliver a passenger's checked baggage within 24 hours after the arrival of the flight on which the passenger traveled and on which the passenger checked the baggage, except for reasonable delays in delivery of such baggage; (4) provide a consumer full access to all fares for that air carrier, regardless of the technology the consumer uses to access the fares if such information is requested by that consumer; (5) provide notice to each passenger holding a confirmed reserved space on a flight with reasonable prior notice when a scheduled flight will be delayed for any reason (other than reasons of national security); (6) inform passengers accurately and truthfully of the reason for the delay, cancellation, or diversion of a flight; (7) refund the full purchase price of an unused ticket if the passenger requests a refund within 48 hours after the ticket is purchased; and (8) disclose to consumers information that would enable them to make informed decisions about the comparative value of frequent flyer programs among airlines.

Airline Passenger Fairness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Family Business Preservation Act''. SEC. 2. REDUCED ESTATE TAX RATE ON FAMILY-OWNED BUSINESS INTERESTS. (a) In General.--Part I of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended by adding at the end the following new section: ``SEC. 2003. REDUCED RATE ON FAMILY-OWNED BUSINESS INTERESTS. ``(a) In General.--In the case of an estate of a decedent to which this section applies, the tax imposed by section 2001 shall not exceed the sum of-- ``(1) a tax computed at the rates and in the manner as if this section had not been enacted on the greater of-- ``(A) the sum described in section 2001(c)(1) reduced by the qualified family-owned business interests, or ``(B) the sum (if any) described in section 2001(c)(1) taxed at a rate below the applicable rate, plus ``(2) a tax equal to the applicable rate of the portion of the taxable estate in excess of the amount determined under paragraph (1). ``(b) Estates to Which Section Applies.--This section shall apply to an estate if-- ``(1) the decedent was (at the date of his or her death) a citizen of the United States, ``(2) the sum of-- ``(A) the value of the qualified family-owned business interests which are included in determining the gross estate and which are acquired from or passed from the decedent to a qualified heir of the decedent, and ``(B) the amount (taken into account under subsection 2001(b)(1)(B)) of the adjusted taxable gifts of such interests to members of the decedent's family, exceeds 50 percent of the adjusted gross estate, and ``(3) during the 8-year period ending on the date of the decedent's death there have been periods aggregating 5 years or more during which-- ``(A) such interests were owned by the decedent or a member of the decedent's family, and ``(B) there was material participation by the decedent or a member of the decedent's family in the operation of the business to which such interests relate. ``(c) Applicable Rate.--For purposes of this section, the applicable rate is-- ``(1) 15 percent if the requirement of subsection (b)(3)(B) is met by a member of the decedent's family, and ``(2) 20 percent in any other case. ``(d) Qualified Family-Owned Business Interest.-- ``(1) In general.--For purposes of this section, the term `qualified family-owned business interest' means-- ``(A) an interest as a proprietor in a trade or business carried on as a proprietorship; ``(B) an interest as a partner in a partnership carrying on a trade or business, if such partnership had 15 or fewer partners; or ``(C) stock in a corporation carrying on a trade or business if such corporation had not more than the number of shareholders specified in section 1361(b)(1)(A). Such term shall not include any interest which is readily tradable on an established securities market or otherwise. ``(2) Rules for applying paragraph (1).--For purposes of paragraph (1), rules similar to the rules of paragraphs (2), (3), (4), and (6) of section 6166(b) shall apply. ``(e) Recapture of Tax Benefit if Interests Not Held for 10 Years.-- ``(1) In general.--If-- ``(A) during the 10-year period beginning on the date of death of the decedent-- ``(i)(I) any portion of a qualified family- owned business interest is distributed, sold, exchanged, or otherwise disposed of, or ``(II) money and other property attributable to such an interest is withdrawn from such trade or business, and ``(B) the aggregate of such distributions, sales, exchanges, or other dispositions and withdrawals equals or exceeds 20 percent of the value of such interest, or there is hereby imposed an additional estate tax. ``(2) Additional estate tax.-- ``(A) In general.--The amount of the additional estate tax imposed by paragraph (1) shall be the applicable percentage of the excess of what would have been the estate tax liability but for subsection (a) over the adjusted estate tax liability. ``(B) Applicable percentage.--For purposes of subparagraph (A), the term `applicable percentage' means 100 percent reduced (but not below zero) by the product of-- ``(i) 10 percentage points, and ``(ii) the number of years (if any) after the date of the decedent's death which the year during which the additional estate tax is imposed by paragraph (1) is after the 1st year after the date of the decedent's death. ``(C) Adjusted estate tax liability.--For purposes of subparagraph (A), the term `adjusted estate tax liability' means the estate tax liability increased by the amount (if any) of any prior additional estate tax imposed by subsection (f). ``(D) Estate tax liability.--For purposes of this paragraph, the term `estate tax liability' means the tax imposed by section 2001 reduced by the credits allowable against such tax. ``(3) Certain rules to apply.--For purposes of this subsection, rules similar to the rules of subparagraphs (B), (C), and (D) of section 6166(g)(1) shall apply. ``(f) Recapture of Portion of Tax Benefit if Heirs Cease to Materially Participate During 10 Years After Death.-- ``(1) In general.--If-- ``(A) the applicable rate which applied under subsection (a) to the estate of the decedent was 15 percent, ``(B) at any time during the 10-year period beginning on the date of death of the decedent, no qualified heir materially participates in the operation of the business to which the qualified family-owned business interests relate, and ``(C) there is no recapture under subsection (e) on or before the earliest date during such 10-year period that no qualified heir so materially participated, there is hereby imposed an additional estate tax. ``(2) Additional estate tax.--The amount of the additional estate tax imposed by paragraph (1) shall be the applicable percentage of the excess of what would have been the estate tax liability but for subsection (c)(1) over the estate tax liability. ``(3) Definitions.--For purposes of paragraph (2), the terms `applicable percentage' and `estate tax liability' have the meanings given to such terms by subsection (e). ``(g) Other Definitions.--For purposes of this section, the terms `qualified heir' and `member of the family' have the meanings given to such terms by section 2032A(e).'' (b) Clerical Amendment.--The table of sections for part I of subchapter A of chapter 11 of such Code is amended by adding at the end the following new item: ``Sec. 2003. Reduced rate on family-owned 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 section. SEC. 3. LIMITATION ON 4 PERCENT RATE OF INTEREST ON ESTATE TAX EXTENDED UNDER SECTION 6166 NOT TO APPLY TO ESTATE TAX ATTRIBUTABLE TO QUALIFIED FAMILY-OWNED BUSINESS INTERESTS. (a) In General.--Paragraph (2) of section 6601(j) of the Internal Revenue Code of 1986 (relating to 4-percent portion) is amended by adding at the end the following new flush sentence: ``Subparagraph (B) shall not take into account the amount of the tax imposed by chapter 11 which is attributable to qualified family-owned business interests (as defined in section 2003(b)) unless an election is in effect under section 2032A with respect to the estate.''. (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying after the date of the enactment of this section. SEC. 4. EXTENSION OF ALTERNATE VALUATION DATE TO 40 MONTHS WITH RESPECT TO ESTATE CONSISTING LARGELY OF QUALIFIED FAMILY-OWNED BUSINESS INTERESTS. (a) In General.--Section 2032 of the Internal Revenue Code of 1986 (relating to alternate valuation) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Estates Largely Consisting of Qualified Family-Owned Business Interests.--In the case of an estate to which section 2003 applies-- ``(1) subsection (a) shall be applied by substituting `40 months' for `6 months' each place it appears, and ``(2) section 6075(a) (relating to time for filing estate tax return) shall be applied by substituting `43 months' for `9 months'.'' (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying after the date of the enactment of this section. SEC. 5. INCREASE IN GIFT TAX EXCLUSION. (a) In General.--Subsection (b) of section 2503 of the Internal Revenue Code of 1986 (relating to taxable gifts) is amended by adding at the end the following new sentence: ``In the case of gifts made during a calendar year by a donor to ancestors or lineal descendents of the donor, the aggregate amount of such gifts which are not included in the total amount of gifts by reason of this subsection shall not be less than 15 percent of the donor's earned income (as defined in section 32(c)(2)) for the taxable year ending with or within such calendar year.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to gifts made in calendar years beginning after the date of the enactment of this section. SEC. 6. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS. (a) Estate Tax Credit.-- (1) Subsection (a) of section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended by striking ``$192,800'' and inserting ``the applicable credit amount''. (2) Section 2010 of such Code is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Applicable Credit Amount.--For purposes of this section-- ``(1) In general.--The applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were $600,000. ``(2) Cost-of-living adjustments.--In the case of any decedent dying in a calendar year after December 31, 1995, the $600,000 amount set forth in paragraph (1) shall be increased by an amount equal to-- ``(A) $600,000, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $1,000.'' (3) Paragraph (1) of section 6018(a) of such Code is amended by striking ``$600,000'' and inserting ``$600,000 (adjusted as provided in section 2010(c)(2)''. (b) Unified Gift Tax Credit.--Paragraph (1) of section 2505(a) of such Code is amended by striking ``$192,800'' and inserting ``the applicable credit amount in effect under section 2010(c) for such calendar year''. (c) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 1995.

American Family Business Preservation Act - Amends the Internal Revenue Code to reduce the rate of estate tax on certain family-owned businesses. Provides for a recapture of tax benefits if the business is not held for at least ten years by the heirs or the heirs do not materially participate during such ten years. Provides that the limitation on the four percent rate of interest on estate tax extended for estates consisting largely of a closely held business is not applicable to estate tax attributable to qualified family-owned business interests. Extends the alternate valuation date from six months to 40 months for estates consisting largely of qualified family-owned business interests. Increases the tax exclusion for gifts to ancestors or descendants. Increases the unified estate and gift tax credits.

American Family Business Preservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Impaired Waters Improvement Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Covered tmdl.--The term ``covered TMDL'' means a total maximum daily load for nitrogen, phosphorus, or sediment established under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)). (3) Covered tmdl jurisdiction.-- (A) In general.--The term ``covered TMDL jurisdiction'' means a geographic area that is subject to a covered TMDL. (B) Inclusion of chesapeake bay.--The term ``covered TMDL jurisdiction'' includes the geographic area subject to total maximum daily load for pollutants for the Chesapeake Bay and its tidal tributaries established by the Administrator on December 29, 2010, and noticed at 76 Fed. Reg. 549 (January 5, 2011). (4) Publicly owned stormwater management practices.--The term ``publicly owned stormwater management practices'' means techniques for managing and treating rainwater runoff that are the responsibility of the public sector, including, and by order of preference, practices which-- (A) utilize or mimic natural infiltration of rainwater into the ground; (B) hold and treat runoff by allowing plant materials to take up pollutants; and (C) capture runoff and hold it for a period of time sufficient to allow pollutants to settle out or evaporate, and which substantially reduce the volume of runoff in local waters during peak runoff periods. (5) Treatment works.--The term ``treatment works'' has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292). SEC. 3. GRANTS TO ASSIST COVERED TMDL JURISDICTIONS. (a) In General.--The Administrator of the Environmental Protection Agency may make grants to the owner or operator of-- (1) a publicly owned treatment works serving a covered TMDL jurisdiction; (2) publicly owned storm water management practices serving a covered TMDL jurisdiction; or (3) a privately owned farm implementing methods to reduce discharges of nitrogen, phosphorus, or sediment in a covered TMDL jurisdiction. (b) Applications.-- (1) In general.--To be eligible for a grant under this section, an owner or operator referred to in subsection (a) shall submit to the Administrator an application at such time, in such form, and containing such information as the Administrator may require. (2) Required information.--The application, at a minimum, shall contain a description of how the amounts of the grant will be used to assist the applicant in meeting a covered TMDL. (c) Award of Grants.-- (1) In general.--Subject to paragraph (2), the Administrator shall award grants to applicants under this section on a competitive basis. (2) Considerations.--In awarding grants to applicants under this section, the Administrator shall consider-- (A) the demonstrated need of the applicant for the grant; and (B) with respect to the project to be funded using the grant-- (i) the effectiveness of any technologies that will be used; (ii) the ecological sensitivity of the geographic area involved; and (iii) whether the use of existing facilities, if any, will be maximized. (d) Use of Grants.-- (1) In general.--A recipient of a grant under this section shall use the amounts of the grant to implement methods to reduce discharges of nitrogen, phosphorus, and sediment-- (A) using proven technology and practices; or (B) using an innovative practice, subject to a determination by the Administrator that the innovative practice is reasonably expected to reduce the discharges. (2) Grants to farms.-- (A) Engineering or consultation work for water storage projects.--In the case of a grant made to an owner or operator referred to in subsection (a)(3), amounts of the grant may be used for engineering or consultation work in designing a water storage project if-- (i) the project complies with the limitation in paragraph (3); and (ii) the project is completed within 5 years of the date of receipt of the grant. (B) Repayment of certain grant amounts.--The Administrator shall require repayment of a grant made to carry out a project described in subparagraph (A) if the project is not completed within 5 years of the date of receipt of the grant. (3) Limitation.--A recipient of a grant under this section may not use the amounts of the grant-- (A) to pay the salary of any individual who is employed by the recipient as of the date of receipt of the grant; or (B) to pay the salary of any individual hired by the recipient after that date unless-- (i) the individual is an expert in the field of reducing discharges from treatment works; and (ii) the recipient can demonstrate, to the satisfaction of the Administrator, that the individual will assist in meeting a covered TMDL. (e) Grant Amount.--The Administrator may not make grants under this section to a grant recipient in an amount that exceeds $2,000,000 in a fiscal year. (f) Federal Share.--The Federal share of the cost of a program or activity carried out using amounts from a grant received under this section may not exceed two-thirds of the cost of the program or activity. SEC. 4. IMPAIRED WATERS IMPROVEMENT FUND. (a) Increase in Civil Penalties.-- (1) In general.--The Administrator shall prescribe by regulation an increase in the amount of a civil penalty assessed for a violation of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (2) Amount of increase.--The amount of the increase shall be 5 percent of the civil penalty amount determined under that Act for the violation. (3) Applicability.--The regulations shall apply the increased civil penalty amount only to violations occurring after the date of enactment of this Act. (b) Establishment of Impaired Waters Improvement Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the Impaired Waters Improvement Fund. (2) Transfer to fund.--There are hereby appropriated to the Impaired Waters Improvement Fund for each of fiscal years 2015 through 2019 amounts equivalent to amounts received in the Treasury that are attributable to increases in civil penalty amounts assessed pursuant to subsection (a) or $100,000,000, whichever is less. (3) Expenditures.--Amounts in the Impaired Waters Improvement Fund shall be available, as provided in appropriations Acts, for making expenditures to carry out section 3.

Impaired Waters Improvement Act - Authorizes the Administrator of the Environmental Protection Agency (EPA) to make grants to reduce the discharges of nitrogen, phosphorus, or sediment (pollutants) in an area that is subject to a total maximum daily load (TMDL) for those pollutants under the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Makes eligible for grants the owners and operators of: (1) publicly owned treatment works or storm water management practices serving areas subject to the TMDLs, or (2) privately owned farms implementing methods to reduce discharges of those pollutants in those areas. Directs the Administrator to increase by 5% the civil penalty for violations of the Clean Water Act. Establishes the Impaired Waters Improvement Fund for making expenditures to carry out the grant program. Transfers for each of FY2015-FY2019 the amount attributable to the penalty increase or $100 million, whichever is less, to the Fund.

Impaired Waters Improvement Act

SECTION 1. SMALL EMPLOYER BENEFIT ARRANGEMENTS. (a) Amendments to IRC.-- (1) In general.--Section 414 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(y) Small Employer Benefit Arrangements.-- ``(1) Treatment as employer.-- ``(A) Retirement, accident, and health insurance.-- A small employer benefit arrangement meeting the requirements of this subsection shall be treated as an `employer' for the purpose of providing qualified retirement and accident and health plans (including a plan qualified under section 105(h) or section 125) or group-term life insurance under section 79. ``(B) Allocation of income.--Notwithstanding subparagraph (A), the shareholder-members of the small employer benefit arrangement shall be treated as employers for purposes of administering and allocating items of income, credits, deductions, or exclusions associated with the provision of employee benefits. ``(2) Certain organizations prohibited.-- ``(A) In general.--An organization shall not be treated as a small employer benefit arrangement if the small employer benefit arrangement or any related entity is owned, in whole or in part, or managed or controlled in whole or in part, by any management agreement or certificates of indebtedness, directly or indirectly, or by an agents, brokers or providers of a-- ``(i) health, life, or disability insurer; ``(ii) retirement plan service provider (including persons who provide plan design, administration, and investment advice services to retirement plans); ``(iii) claim administrators; and ``(iv) investment advisors. ``(B) Ordinary provision of products and services.--Nothing in this paragraph shall be construed-- ``(i) to prohibit a small employer benefit arrangement from contracting for the ordinary provision of products and services from any persons or organizations that might otherwise be prohibited from having an ownership or management interest in a small employer benefit arrangement, or ``(ii) to prohibit small employer benefit arrangements from creating, by and between themselves, service organizations owned and controlled exclusively by small employer benefit arrangements to provide for such products and services in the fulfillment of their purposes. ``(3) Definition.--The term `small employer benefit arrangement' means a member owned, democratically controlled cooperative organization that-- ``(A) meets the requirements of subchapter T; ``(B) has at least 21 shareholders of whom 90 percent are in the same or similar line of business; ``(C) sponsors an accident and health plan for shareholder-members and any employees of shareholder- members; ``(D) sponsors a qualified retirement plan that meets the requirements of paragraph (12) or (13) of section 401(k) and is available to shareholder-members and any employees of shareholder-members; ``(E) provides employee benefits pursuant to a written agreement; and ``(F) requires all benefit eligible employees of a shareholder-member to participate according to the same statutory eligibility criteria normally accorded such persons.''. (2) Effective date.--The amendments made by this subsection shall apply with respect to plan years beginning on or after the date of the enactment of this Act. (b) Amendments to ERISA.-- (1) Treatment as employer.--Section 3 of the Employee Retirement and Income Security Act (29 U.S.C. 1002) is amended-- (A) in paragraph (5), by inserting ``or a small employer benefit arrangement'' after ``a group or association of employers''; and (B) by adding at the end the following new paragraph: ``(43) The term `small employer benefit arrangement' means a member owned, democratically controlled cooperative organization that-- ``(A) meets the requirements of subchapter T of chapter 1 of the Internal Revenue Code of 1986; ``(B) has at least 21 shareholders of whom 90 percent are in the same or similar line of business; ``(C) sponsors an accident and health plan for shareholder- members and any employees of shareholder-members; ``(D) sponsors a qualified retirement plan that meets the requirements of paragraph (12) or (13) of section 401(k) of the Internal Revenue Code of 1986 and is available to shareholder- members and any employees of shareholder-members; ``(E) provides employee benefits pursuant to a written agreement; and ``(F) requires all benefit eligible employees of a shareholder-member to participate according to the same statutory eligibility criteria normally accorded such persons.''. (2) Self-insurance prohibited.--Section 609 of such Act (29 U.S.C. 1169) is amended-- (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following new subsection: ``(e) Small Employer Benefit Arrangements.-- ``(1) Self-insurance prohibited.--Any group health plan established or maintained by a small employer benefit arrangement shall be fully insured. ``(2) Fully insured defined.--A group health plan established or maintained by a small employer benefit arrangement shall be considered fully insured only if the terms of the arrangement provide for benefits the amount of all of which the Secretary determines are guaranteed under a contract, or policy of insurance, issued by an insurance company, insurance service, or insurance organization, qualified to conduct business in a State.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to plan years beginning on or after the date of the enactment of this Act. (c) Amendments to PPACA.-- (1) Small employer benefit arrangement defined.--Section 1304(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18024(b)) is amended by adding at the end the following new paragraph: ``(5) Small employer benefit arrangement.--The term `small employer benefit arrangement' has the meaning given such term in section 3(43) of the Employee Retirement and Income Security Act.''. (2) Qualified health plans.--Section 1301(a) of such Act (42 U.S.C. 18021(a)) is amended by adding at the end the following new paragraph: ``(5) Inclusion of small employer benefit arrangement plans.--Any reference in this title to a qualified health plan shall be deemed to include any group health plan established or maintained by a small employer benefit arrangement.''. (3) Eligibility to participate in american health benefit exchanges.--Section 1312(f)(2) of such Act (42 U.S.C. 18032(f)(2)) is amended by adding at the end the following new subparagraph: ``(C) Small employer benefit arrangements.--For purposes of subparagraph (A), a small employer benefit arrangement shall be treated as a small employer.''. (4) Effective date.--The amendments made to any provision by this subsection shall take effect as if included in the enactment of such provision.

Amends the Internal Revenue Code, the Employee Retirement and Income Security Act (ERISA), and the Patient Protection and Affordable Care Act to treat certain small employer benefit arrangements (SEBAs) as employers for the purpose of providing qualified retirement and accident and health plans or group-term life insurance. Defines a SEBA as a member owned, democratically controlled cooperative organization that: (1) has at least 21 shareholders of whom 90% percent are in the same or similar line of business; (2) sponsors an accident and health plan for shareholder-members and any of their employees; (3) sponsors a qualified retirement plan meeting specified requirements and available to shareholder-members and their employees; (4) provides employee benefits pursuant to a written agreement; and (5) requires all benefit eligible employees of a shareholder-member to participate according to the same statutory eligibility criteria normally accorded them. Treats the shareholder-members of a SEBA as employers for purposes of administering and allocating items of income, credits, deductions, or exclusions associated with the provision of employee benefits. Prohibits treatment as a SEBA of any organization or related entity that is owned, in whole or in part, or managed or controlled in whole or in part, by any management agreement or certificates of indebtedness, directly or indirectly, or by: (1) any agents, brokers or providers of a health, life, or disability insurer; (2) a retirement plan service provider; (3) claim administrators; or (4) investment advisors. Requires any group health plan established or maintained by a SEBA to be fully insured (thus prohibiting self-insurance).

To recognize small employer benefit arrangements as employers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Golden Spike/Crossroads of the West National Heritage Area Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the industrial, cultural, and natural heritage legacies of linking the United States by rail in northern Utah at the Crossroads of the West are nationally significant; (2) in the areas of northern Utah (including and in proximity to Ogden, Utah), linking the United States by rail at the Crossroads of the West helped establish and expand the industrial power of the United States; (3) the economic strength of the United States is connected integrally to the vitality of the intercontinental railways, which employ millions of workers; (4) the industrial and cultural heritage of the intercontinental railways at the Crossroads of the West includes social history and living cultural traditions of several generations; (5) the National Historic District in Ogden, Utah, is a prime example of the cultural heritage of the linking of the United States by rail at the Crossroads of the West; (6)(A) the Department of the Interior is responsible for protecting and interpreting the cultural and historic resources of the United States; and (B) there are significant examples of cultural and historic resources in Ogden, Utah, and northern Utah that merit the involvement of the Federal Government to develop programs and projects in cooperation with the city of Ogden, Utah, and other local and governmental bodies, to adequately conserve, protect, and interpret the heritage for the education and recreational benefit of people of the United States; (7) the city of Ogden, Utah, would be an appropriate entity to oversee the development of the Heritage Area; and (8) a 1993 National Park Service study, entitled ``Golden Spike Rail Feasibility Study'', demonstrated that sufficient historical resources exist to establish the Heritage Area. (b) Purposes.--The purposes of this Act are to establish the Golden Spike/Crossroads of the West National Heritage Area-- (1) to foster a close working relationship with all levels of government, the private sector, and the local communities in Utah; (2) to empower communities in Utah to conserve their Golden Spike heritage while strengthening future economic opportunities; and (3) to conserve, interpret, and develop the historical, cultural, natural, and recreational resources related to the industrial and cultural heritage of the Heritage Area. SEC. 3. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the city of Ogden, Utah. (2) Heritage area.--The term ``Heritage Area'' means the Golden Spike/Crossroads of the West National Heritage Area established by section 4. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area required under section 6(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. GOLDEN SPIKE/CROSSROADS OF THE WEST NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State of Utah the Golden Spike/Crossroads of the West National Heritage Area. (b) Boundaries.--The boundaries of the Heritage Area-- (1) shall be those specified in the management plan approved under section 6; and (2) shall include land in Utah related to-- (A) Union Pacific Station in Ogden, Utah; and (B) 24th and 25th Street Historic District in Ogden, Utah. (c) Map.-- (1) Preparation.--The Secretary shall prepare a map of the Heritage Area. (2) Availability.--The map described in subparagraph (A) shall be on file and available for public inspection in the office of the Director of the National Park Service. (d) Administration.--The Heritage Area shall be administered in accordance with this Act. (e) Study.--The Secretary, in cooperation with the City, shall conduct a study to determine the feasibility of establishing a national heritage corridor from the City to Promontory Point. (f) Additions of Lands.--The Secretary may add land to the Heritage Area in response to a request from the City. SEC. 5. DESIGNATION OF CITY AS MANAGEMENT ENTITY. (a) In General.--The City shall be the management entity for the Heritage Area. (b) Federal Funding.-- (1) Authorization to receive funds.--Subject to paragraph (2), the City may receive amounts appropriated to carry out this Act. (2) Disqualification.--If a management plan for the Heritage Area is not submitted to the Secretary in accordance with section 6, the City shall cease to be authorized to receive Federal funding under this Act until the date on which a management plan is submitted to the Secretary. (c) Authorities of City.--The City may, for purposes of preparing and implementing the management plan, use Federal funds made available under this Act-- (1) to make grants and loans to the State of Utah (including political subdivisions), nonprofit organizations, and other persons; (2) to enter into cooperative agreements with or provide technical assistance to Federal agencies, the State of Utah (including political subdivisions), nonprofit organizations, and other persons; (3) to hire and compensate staff; (4) to obtain money from any source under any program or law requiring the recipient of the money to make a contribution in order to receive the money; (5) to contract for goods and services; and (6) for such other activities as are necessary to carry out the duties of the City under this Act. (d) Prohibition of Acquisition of Real Property.--The City shall not use Federal funds received under this Act to acquire real property or any interest in real property. SEC. 6. MANAGEMENT DUTIES OF THE CITY. (a) Heritage Area Management Plan.-- (1) Submission for review by secretary.--Not later than 3 years after the date of enactment of this Act, the City shall submit to the Secretary a management plan for the Heritage Area. (2) Plan requirements, generally.--A management plan submitted under this section shall-- (A) present comprehensive recommendations for the conservation, funding, management, and development of the Heritage Area; (B) be prepared with public participation; (C) take into consideration existing Federal, State, county, and local plans; (D) involve residents, public agencies, and private organizations in the management of the Heritage Area; (E) include a description of recommended actions that units of government and private organizations should take to protect the resources of the Heritage Area; and (F) specify existing and potential sources of Federal and non-Federal funding for the conservation, management, and development of the Heritage Area. (3) Additional plan requirements.--The management plan shall include, as appropriate, the following: (A) An inventory of resources contained in the Heritage Area that-- (i) shall include a list of property in the Heritage Area that should be conserved, restored, managed, developed, or maintained because of the natural, cultural, or historic significance of the property as it relates to the themes of the Heritage Area; and (ii) shall not include property that is privately owned, unless the owner of the property consents in writing to the inclusion. (B) Recommendations for the interpretation of the Heritage Area, including recommendations for the development of intergovernmental cooperative agreements to manage the historical, cultural, and natural resources and recreational opportunities of the Heritage Area in a manner that maintains appropriate and compatible economic viability. (C) A program for implementation of the management plan, including-- (i) plans for restoration and construction; and (ii) a description of any commitments that have been made by persons interested in management of the Heritage Area. (D) An analysis of the means by which Federal, State, and local programs may best be coordinated to promote the purposes of this Act. (E) An interpretive plan for the Heritage Area. (4) Approval and disapproval of the management plan.-- (A) In general.--Not later than 180 days after submission of the management plan by the City, the Secretary shall approve or disapprove the plan. (B) No action on plan.--If the Secretary does not approve or disapprove the plan in accordance with subsection (A), the plan shall be considered approved. (C) Disapproval.--If the Secretary disapproves the plan under subparagraph (A), the Secretary shall, in writing-- (i) advise the City of the reasons for the disapproval; and (ii) make recommendations to the City for the revision of the plan. (D) Proposed revisions to plan.--Not later than 60 days after receipt from the City of proposed revisions to the plan, the Secretary shall approve or disapprove the proposed revisions. (E) No action on proposed revisions.--If the Secretary does not approve or disapprove the proposed revisions to the plan in accordance with subparagraph (D), the plan and proposed revisions shall be considered approved. (b) Priorities.--The City shall give priority to the implementation of actions, goals, and policies set forth in the management plan for the Heritage Area, including-- (1) the conservation of the Heritage Area; (2) the establishment and maintenance of interpretive exhibits in the Heritage Area; (3) the development of recreational opportunities in the Heritage Area; (4) the increase in public awareness of and appreciation for the natural, historical, and cultural resources of the Heritage Area; (5) the restoration of historic buildings that are located within the boundaries of the Heritage Area and related to the theme of the Heritage Area; (6) the placement of clear, consistent, and environmentally appropriate signs identifying access points and sites of interest throughout the Heritage Area; and (7) the encouragement of economic viability in the affected communities by appropriate means, in accordance with the goals of the management plan. (c) Consideration of Interests of Local Groups.--The City shall, in preparing and implementing the management plan, consider the interests of diverse units of government, businesses, private property owners, and nonprofit groups in the Heritage Area. (d) Public Meetings.--The City shall conduct public meetings at least annually regarding the implementation of the management plan. (e) Annual Reports.--The City shall, for each fiscal year in which the City receives Federal funds under this Act, submit to the Secretary an annual report that describes-- (1) the accomplishments of the City; (2) the expenses and income of the City; and (3) each entity to which the City made a loan or grant during the year. (f) Cooperation With Audits.--The City shall, for any fiscal year in which the City receives Federal funds under this Act, make available for audit by Congress, the Secretary, and appropriate units of government-- (1) all records and other information pertaining to the expenditures of Federal funds by other organizations that the receiving organizations make available for audit; and (2) all records and other information pertaining to the expenditure of Federal funds. (g) Delegations.-- (1) In general.--The City may delegate the responsibilities and actions under this section for each area or district identified in section 4(b)(2). (2) Review and approval.--All responsibilities and actions delegated under paragraph (1) shall be subject to review and approval by the City. SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Technical Assistance and Grants.-- (1) In general.--The Secretary may provide technical assistance and, subject to the availability of appropriations, grants, to assist in implementation of the management plan, to-- (A) the City; and (B) on request of the City, units of government, nonprofit organizations, and other persons. (2) Prohibition of certain requirements.--The Secretary shall not, as a condition of the award of technical assistance or grants under this section, require any recipient of the technical assistance or grant to enact or modify land use restrictions. (3) Determinations regarding assistance.-- (A) In general.--The Secretary shall determine whether, and in what amount, technical assistance or a grant shall be awarded under paragraph (1), giving preference to projects that provide a greater leverage of Federal funds. (B) Criteria for determination.--A determination under subparagraph (A) shall be based on the relative degree to which the technical assistance or grant effectively-- (i) fulfills the objectives contained in the management plan; and (ii) achieves the purposes of this Act. (b) Provision of Information.--In cooperation with other Federal agencies, the Secretary shall provide the general public with information regarding the location and character of the Heritage Area. (c) Other Assistance.--The Secretary may enter into cooperative agreements with public and private organizations for the purposes of implementing this section. (d) Duties of Other Federal Agencies.--Any Federal entity conducting any activity directly affecting the Heritage Area shall-- (1) consider the potential effect of the activity on the management plan; and (2) consult with the City with respect to the activity to minimize the adverse effects of the activity on the Heritage Area. SEC. 8. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY. (a) Lack or Effect on Authority of Local Government.--Nothing in this Act modifies or otherwise affects any authority of Federal, State, or local governments to regulate any use of land under any other law (including a regulation). (b) Lack of Zoning or Land Use Powers.--Nothing in this Act grants powers of zoning or land use control to the City. (c) Local Authority and Private Property Not Affected.--Nothing in this Act affects or authorizes the City to interfere with-- (1) the rights of any person with respect to private property; or (2) any local zoning ordinance or land use plan of the State of Utah (including a political subdivision). SEC. 9. SUNSET. The Secretary shall not make a grant or provide any assistance under this Act after September 30, 2016. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $1,000,000 for each fiscal year, except that the total amount authorized to be appropriated to carry out this Act shall not exceed $10,000,000. (b) 50 Percent Match.--Federal funding provided under this Act may not exceed 50 percent of the total cost of any activity carried out with Federal funds.

Directs the Secretary of the Interior to study the feasibility of establishing a National Heritage Corridor from the city of Ogden to Promontory Point. Authorizes the Secretary to add to Area lands upon request from the city. Designates the city as the Area's management entity. Requires an Area management plan to be submitted by the city to the Secretary within three years after enactment of this Act. Outlines plan requirements, approval and disapproval procedures, and priorities. Requires the city, in preparing and implementing the management plan, to consider the interests of diverse units of government, businesses, private property owners, and nonprofit groups within the Area. Requires public meetings and annual reports. Authorizes the Secretary to provide technical assistance and grants to the city and the above entities for plan development and implementation. Prohibits the Secretary from making any grants or providing any assistance after September 30, 2016. Authorizes appropriations, with a $10 million total limit for establishing the Area. Prohibits Federal funding from exceeding 50 percent of the cost of any activities carried out under this Act.

Golden Spike/Crossroads of the West National Heritage Area Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazardous Materials Cooperative Research Act of 2009''. SEC. 2. FINDINGS AND PURPOSES. Congress finds the following: (1) There are more than 1,000,000 shipments per day in the United States of materials identified as hazardous by the Department of Transportation. These shipments are estimated to total 2,100,000,000 tons of hazardous cargo per year and to comprise more than 18 percent of the total freight tonnage moved in the United States annually. (2) Hazardous materials are shipped by all transportation modes, and it is estimated that there are currently 400,000 large trucks, 115,000 railroad tank cars, and 3,000 tank barges dedicated to the shipment of hazardous materials. (3) More than a dozen Federal agencies have regulatory, enforcement, and operational responsibilities for ensuring the safety and security of hazardous materials shipments. In addition, a variety of State and local agencies have responsibility for developing and enforcing State-level regulations and for responding to incidents involving hazardous materials. (4) Decisions regarding the packaging and routing of hazardous materials shipments, the development and implementation of procedures to ensure both the safety and security of such shipments, and the regulation of hazardous materials shipments are made by industry groups and government entities at a variety of levels and in all modal administrations of the Department of Transportation on a daily basis. (5) The Federal agencies involved in the regulation and oversight of hazardous materials shipments, as well as State and local governments, carriers, shippers, and other groups, conduct on-going research on the transportation of hazardous materials. However, much of this research is program or mode- specific and as such is focused on addressing only the regulatory, inspection, enforcement, or operational needs of the group undertaking the research. (6) There is a documented need for the establishment of a cooperative research program that will engage all modes and actors, both public and private, involved in the transportation of hazardous materials in conducting cross-cutting assessments of hazardous materials transportation issues that are national and multi-modal in scope and application. SEC. 3. HAZARDOUS MATERIALS COOPERATIVE RESEARCH PROGRAM. (a) In General.--The Secretary of Transportation shall establish and carry out a hazardous materials cooperative research program in accordance with the requirements of this section. (b) Governing Board.--The Secretary shall establish an independent governing board to select projects and studies to be carried out under the hazardous materials cooperative research program. The governing board shall be comprised of one voting representative from each of the following: (1) The Federal Aviation Administration. (2) The Federal Motor Carrier Administration. (3) The Federal Transit Administration. (4) The Federal Railroad Administration. (5) The Maritime Administration. (6) The Research and Innovative Technology Administration. (7) The Pipeline and Hazardous Materials Safety Administration. (8) The Department of Homeland Security. (9) The Department of Energy. (10) The Environmental Protection Agency. (11) A State department of transportation. (12) A State emergency management agency. (13) A nonprofit organization representing emergency responders. (14) A hazmat employer. (15) A nonprofit organization representing hazmat employees. (16) A labor union representing members involved in shipping hazardous materials. (17) A hazardous materials manufacturer. (18) An organization representing the hazardous materials manufacturing industry. (19) A research university or research institution. (20) Additional representatives as the Secretary considers appropriate. (c) Research Studies.--Under the cooperative research program, the governing board shall select cooperative research studies of hazardous materials transportation that are cross-cutting in nature and that consider issues not adequately addressed by existing Federal or private sector research programs. Priority shall be given to research studies that will yield results immediately applicable to risk analysis and mitigation or that will strengthen the ability of first responders to respond to incidents and accidents involving transportation of hazardous materials. (d) Implementation.--The Secretary shall make grants to, and enter a cooperative agreement with, the National Academy of Sciences to carry out projects and studies under the cooperative research program. (e) Definitions.--In this section, the terms ``hazmat employer'' and ``hazmat employee'' have the meanings given those terms in section 5102 of title 49, United States Code. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2010 through 2013. Such sums shall remain available until expended.

Hazardous Materials Cooperative Research Act of 2009 - Directs the Secretary of Transportation to establish: (1) a hazardous materials cooperative research program; and (2) an independent governing board to select cooperative research projects and studies of hazardous materials transportation to be carried out under the program that will yield results immediately applicable to risk analysis and mitigation or that will strengthen the ability of first responders to respond to accidents involving the transportation of hazardous materials.

To direct the Secretary of Transportation to establish and carry out a hazardous materials cooperative research program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeownership Vesting Plan Act of 2009''. SEC. 2. HOMEOWNERSHIP VESTING PLAN. Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is amended-- (1) by redesignating section 257, as added by section 2124(a) of the Housing and Economic Relief Act of 2008 (12 U.S.C. 1715z-24), as section 258; and (2) by adding after section 258, as so redesignated, the following new section: ``SEC. 259. HOMEOWNERSHIP VESTING PLAN. ``(a) Authority.--The Secretary shall, subject only to the absence of requests for insurance under this section and the availability of amounts pursuant to subsection (i)-- ``(1) make commitments to insure and insure any mortgage covering a 1- to 4-family residence that is made for the purpose of paying or prepaying outstanding obligations under an existing mortgage or mortgages on the residence if the mortgage being insured under this section meets the requirements of this section; and ``(2) in connection with the insurance of such mortgages-- ``(A) make payments under subsection (c) to servicers of eligible mortgages refinanced by such insured mortgages; ``(B) make payments under (b)(4) for the extinguishment of subordinate liens on the properties subject to eligible mortgages refinance by such insured mortgages; and ``(C) make loans under subsection (d) to mortgagors under such insured mortgages. ``(b) Eligible Mortgages.--To be eligible for insurance under this section, a mortgage shall comply with all of the following requirements: ``(1) Owner-occupied sole residence.--The residence securing the mortgage insured under this section shall be occupied by the mortgagor as the principal residence of the mortgagor and the mortgagor shall provide a certification to the originator of the insured mortgage that such residence securing the mortgage is the only residence in which the mortgagor has any present ownership interest. ``(2) Principal obligation amount.--The principal obligation amount of the mortgage to be insured under this section shall be equal to 97.5 percent of the current appraised value of the residence securing the mortgage. ``(3) Required waiver of prepayment penalties and fees.-- All penalties for prepayment or refinancing of the existing senior mortgage, and all fees and penalties related to default or delinquency on the existing senior mortgage, shall be waived or forgiven. ``(4) Extinguishment of subordinate liens.-- ``(A) Required agreement.--All holders of existing mortgages on the property to which the eligible mortgage relates shall agree to accept the proceeds of the insured loan, and any payment pursuant to subparagraph (B), as payment in full of all indebtedness under the existing mortgage, and all encumbrances related to such existing mortgage shall be removed. The Secretary may take such actions, in accordance with the standards established pursuant to subparagraph (B), as may be necessary and appropriate to facilitate coordination and agreement between the holders of the existing senior mortgage and any existing subordinate mortgages, taking into consideration the subordinate lien status of such subordinate mortgages. ``(B) Payment.--The Secretary shall provide for the payment to the holder of any existing subordinate mortgage of an amount equal to 5 cents for each dollar of the outstanding principal balance of, and accrued interest on, the outstanding mortgage. ``(5) Interest rate and term of mortgage.--The mortgage to be insured under this section shall-- ``(A) bear interest at a single rate that is fixed for the entire term of the mortgage; and ``(B) have a maturity of 30 years from the date of the beginning of amortization of such mortgage. ``(6) Underwriting standards.--The mortgage insured under this section shall comply with the underwriting standards applicable under the FHA Secure Program (established by mortgagee letter 2007-11, issued September 5, 2007), as such Program is in effect as of February 1, 2009. ``(7) Priority of lien for non-vested loan principal.--The mortgage to be insured under this section shall provide that the Secretary's lien pursuant to subsection (d)(4) on the residence that is subject to the mortgage shall have superior priority to the lien under the insured mortgage. ``(8) Requirements for existing senior mortgage being refinanced.-- ``(A) Origination date.--The existing senior mortgage shall have been originated during the period beginning on January 1, 2003, and ending upon December 31, 2007. ``(B) Principal obligation.--The existing senior mortgage shall have had an original principal obligation in an amount that did not exceed the maximum dollar amount limitation in effect on February 1, 2009, under section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) for a residence of the applicable size for the area in which the residence is located. ``(C) Debt-to-income ratio upon origination.--As of the time of the origination of the existing senior mortgage, the mortgagor shall have had a ratio of mortgage debt to income, taking into consideration all existing mortgages of that mortgagor at such time, exceeding 30 percent. ``(D) Loan-to-value ratio.--The existing senior mortgage shall, upon origination, have involved a principal obligation (including such initial service charges, appraisal, inspection, and other fees as the Secretary shall approve) in an amount not exceeding 90 percent of the appraised value of the property at such time. ``(c) Payment to Servicer of Existing Mortgage.--For each mortgage insured under this section, the Secretary shall make a payment in the amount of $1,000 to the servicer of the existing senior mortgage refinanced by such insured mortgage. ``(d) Nonamortizing No-Interest Loan.-- ``(1) In general.--In connection with each mortgage insured under this section, the Secretary shall make a loan under this subsection to the mortgagor, the proceeds of which shall be paid by the Secretary directly to the holder of the existing senior mortgage being refinanced by the mortgage insured under this section. Such loan shall be in an amount equal to the difference between-- ``(A) the amount of the outstanding principal obligation under the existing senior mortgage refinanced by such insured mortgage as of the time of the origination of such insured mortgage; and ``(B) the amount of the original principal obligation of the insured mortgage. ``(2) Terms.--A loan under this section-- ``(A) shall not bear interest; and ``(B) shall not require the borrower to make payments of principal, except as provided in paragraph (3). ``(3) Repayment.--A loan under this section shall require repayment of principal only if the borrower defaults with respect to the borrower's obligations under the insured mortgage in connection with which such loan is made during the 5-year period that begins on the date that such mortgage is insured, as follows: ``(A) Year 1.--If any such default occurs during the period that begins on the date that such mortgage is insured and ends 1 year after such date of insurance, the Secretary shall be entitled to repayment of 100 percent of the principal amount of the loan. ``(B) Year 2.--If any such default occurs during the period that begins 1 year after such date of insurance and ends 2 years after such date of insurance, the Secretary shall be entitled to 80 percent of such principal amount. ``(C) Year 3.--If any such default occurs during the period that begins 2 years after such date of insurance and ends 3 years after such date of insurance, the Secretary shall be entitled to 60 percent of such principal amount. ``(D) Year 4.--If any such default occurs during the period that begins 3 years after such date of insurance and ends 4 years after such date of insurance, the Secretary shall be entitled to 40 percent of such principal amount. ``(E) Year 5.--If any such default occurs during the period that begins 4 years after such date of insurance and ends 5 years after such date of insurance, the Secretary shall be entitled to 20 percent of such principal amount. ``(F) After year 5.--If any such default occurs after the expiration of the 5-year period that begins on such date of insurance, the Secretary shall not be entitled to repayment of any portion of such principal amount. ``(4) Lien.--Repayment of the portion of the principal amount of a loan made under this subsection that is required under paragraph (3) shall be secured by a lien on the residence that is subject to the mortgage insured under this section in connection with which such loan was made, that is held by the Secretary, and which shall have priority over all other liens on such residence. ``(e) Premiums.--Notwithstanding any other provision of this Act: ``(1) In general.--For each eligible mortgage insured under this section, the Secretary shall establish and collect an annual premium in an amount equal to not less than 0.55 percent of the amount of the remaining insured principal balance of the mortgage and not more than 0.75 percent of such remaining insured principal balance, as determined according to a schedule established by the Secretary that assigns such annual premiums based upon the credit risk of the mortgage. ``(2) Reduction or termination during mortgage term.-- Notwithstanding paragraph (1), the Secretary may provide that the annual premiums charged for eligible mortgages insured under this section are reduced over the term of the mortgage or that the collection of such premiums is discontinued at some time during the term of the mortgage, in a manner that is consistent with policies for such reduction or discontinuation of annual premiums charged for mortgages in accordance with section 203(c). ``(f) Sunset.--The Secretary may not enter into any new commitment to insure any refinanced eligible mortgage, or newly insure any refinanced eligible mortgage, pursuant to this section after the expiration of the 3-year period beginning upon the date of the enactment of this Act. ``(g) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Eligible mortgage.--The term `eligible mortgage' means a mortgage that meets the requirement under subsection (b) for insurance under this section. ``(2) Existing mortgage.--The term `existing mortgage' means, with respect to a mortgage insured or to be insured under this section, a mortgage on the same residence that is to be subject to such mortgage insured under this section that is to be extinguished pursuant to such insured mortgage. ``(3) Existing senior mortgage.--The term `existing senior mortgage' means, with respect to a mortgage insured or to be insured under this section, the existing mortgage that has superior priority. ``(4) Existing subordinate mortgage.--The term `existing subordinate mortgage' means, with respect to a mortgage insured or to be insured under this section, an existing mortgage that has subordinate priority to the existing senior mortgage. ``(h) Authorization of Appropriations.--There is authorized to be appropriated for fiscal years 2009 through 2012-- ``(1) $2,000,000,000 for payments under subsection (c) to servicers of eligible mortgages refinanced by such insured mortgages; ``(2) $1,500,000,000 for payments under (b)(4) for the extinguishment of subordinate liens on the properties subject to eligible mortgages refinanced by such insured mortgages; and ``(3) $90,000,000,000 for the costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1974 (2 U.S.C. 661a)) of loans under subsection (d) to mortgagors under such insured mortgages.''. SEC. 3. SERVICER SAFE HARBOR. (a) Safe Harbor.-- (1) Loan modifications and workout plans.--Notwithstanding any other provision of law, and notwithstanding any investment contract between a servicer and a securitization vehicle or investor, a servicer that acts consistent with the duty set forth in section 129A(a) of Truth in Lending Act (15 U.S.C. 1639a) shall not be liable for entering into a loan modification or workout plan with respect to any such mortgage that meets all of the criteria set forth in paragraph (2)(B) to-- (A) any person, based on that person's ownership of a residential mortgage loan or any interest in a pool of residential mortgage loans or in securities that distribute payments out of the principal, interest and other payments in loans on the pool; (B) any person who is obligated pursuant to a derivatives instrument to make payments determined in reference to any loan or any interest referred to in subparagraph (A); or (C) any person that insures any loan or any interest referred to in subparagraph (A) under any law or regulation of the United States or any law or regulation of any State or political subdivision of any State. (2) Ability to modify mortgages.-- (A) Ability.--Notwithstanding any other provision of law, and notwithstanding any investment contract between a servicer and a securitization vehicle or investor, a servicer-- (i) shall not be limited in the ability to modify mortgages, the number of mortgages that can be modified, the frequency of loan modifications, or the range of permissible modifications; and (ii) shall not be obligated to repurchase loans from or otherwise make payments to the securitization vehicle on account of a modification, workout, or other loss mitigation plan for a residential mortgage or a class of residential mortgages that constitute a part or all of the mortgages in the securitization vehicle, if any mortgage so modified meets all of the criteria set forth in subparagraph (B). (B) Criteria.--The criteria under this subparagraph with respect to a mortgage are as follows: (i) Default on the payment of such mortgage has occurred or is reasonably foreseeable. (ii) The property securing such mortgage is occupied by the mortgagor of such mortgage. (iii) The servicer reasonably and in good faith believes that the anticipated recovery on the principal outstanding obligation of the mortgage under the particular modification or workout plan or other loss mitigation action will exceed, on a net present value basis, the anticipated recovery on the principal outstanding obligation of the mortgage to be realized through foreclosure. (3) Applicability.--This subsection shall apply only with respect to modifications, workouts, and other loss mitigation plans initiated before January 1, 2012. (b) Reporting.--Each servicer that engages in loan modifications or workout plans subject to the safe harbor in subsection (a) shall report to the Secretary on a regular basis regarding the extent, scope and results of the servicer's modification activities. The Secretary shall prescribe regulations specifying the form, content, and timing of such reports. (c) Definition of Securitization Vehicles.--For purposes of this section, the term ``securitization vehicle'' means a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that-- (1) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (2) holds such mortgages.

Home Ownership Vesting Plan Act of 2009 - Amends the National Housing Act to direct the Secretary of Housing and Urban Development (HUD) to: (1) insure any mortgage covering a one- to four-family principal and sole residence that is made for the purpose of paying or prepaying outstanding obligations (refinancing) under an existing mortgage or mortgages meeting specified requirements; (2) pay $1,000 to the servicer of the existing senior mortgage refinanced by each mortgage insured under this Act; and (3) make a nonamortizing no-interest loan to the mortgagor, the proceeds of which shall be paid by the Secretary directly to the holder of the existing senior mortgage being refinanced. Sets forth a schedule for repayment of principal only if the borrower defaults. Shields a servicer from liability for entering into a loan modification or workout plan with respect to any such mortgage if the servicer acts consistent with the fiduciary duty of servicers of pooled residential mortgages under the Truth in Lending Act.

To reduce foreclosures of residential mortgages.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Control of Broadcast Towers Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The placement, construction, and modification of broadcast transmission facilities near residential communities and facilities such as schools can greatly reduce the value of residential properties, destroy the views from properties, produce radio frequency interference, raise concerns about potential long-term health effects of such facilities, and reduce substantially the desire to live in the areas of such facilities. (2) States and local governments have traditionally regulated development and should be able to exercise control over the placement, construction, and modification of broadcast transmission facilities through the use of zoning and other land use regulations relating to the protection of the environment, public health and safety, and the general welfare of the community and the public. (3) The Federal Communications Commission establishes policies to govern interstate and international communications by television, radio, wire, satellite, and cable. The Commission ensures compliance of such activities with applicable Federal laws, including the National Environmental Policy Act of 1969 and the National Historic Preservation Act, in its decision-making on such activities. (4) The Commission defers to State and local authorities which regulate the placement, construction, and modification of broadcast transmission facilities through the use of zoning, construction and building, and environmental and safety regulations in order to protect the environment and the health, safety, and general welfare of communities and the public. (5) On August 19, 1997, the Commission issued a proposed rule, MM Docket No. 97-182, which would preempt the application of most State and local zoning, environmental, construction and building, and other regulations affecting the placement, construction, and modification of broadcast transmission facilities. (6) The telecommunications industry and its experts should be expected to have access to the best and most recent technical information and should therefore be held to the highest standards in terms of their representations, assertions, and promises to governmental authorities. (b) Purpose.--The purpose of this Act is to confirm that State and local governments are the appropriate entities-- (1) to regulate the placement, construction, and modification of broadcast transmission facilities consistent with State and local zoning, construction and building, environmental, and land use regulations; (2) to regulate the placement, construction, and modification of broadcast transmission facilities so that their placement, construction, or modification will not interfere with the safe and efficient use of public airspace or otherwise compromise or endanger the health, safety, and general welfare of the public; and (3) to hold accountable applicants for permits for the placement, construction, or modification of broadcast transmission facilities, and providers of services using such facilities, for the truthfulness and accuracy of representations and statements placed in the record of hearings for such permits, licenses, or approvals. SEC. 3. PROHIBITION ON ADOPTION OF RULE REGARDING PREEMPTION OF STATE AND LOCAL AUTHORITY OVER BROADCAST TRANSMISSION FACILITIES. Notwithstanding any other provision of law, the Federal Communications Commission shall not adopt as a final rule or otherwise directly or indirectly implement any portion of the proposed rule set forth in ``Preemption of State and Local Zoning and Land Use Restrictions on Siting, Placement and Construction of Broadcast Station Transmission Facilities'', MM Docket No. 97-182, released August 19, 1997. SEC. 4. AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF BROADCAST TRANSMISSION FACILITIES. Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 340. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF BROADCAST TRANSMISSION FACILITIES. ``(a) Authority To Require Least Intrusive Facilities.-- ``(1) In general.--A State or local government may deny an application to place, construct, or modify broadcast transmission facilities on the basis that alternative technologies, delivery systems, or structures are capable of delivering broadcast signals comparable to that proposed to be delivered by such facilities in a manner that is less intrusive to the community concerned than such facilities. ``(2) Considerations.--In determining under paragraph (1) the intrusiveness of technologies, delivery systems, or structures for the transmission of broadcast signals, a State or local government may consider the aesthetics of such technologies, systems, or structures, the environmental impact of such technologies, systems, or structures, and the radio frequency interference or radiation emitted by such technologies, systems, or structures. ``(3) Burden of proof.--In any hearing for purposes of the exercise of the authority in paragraph (1), the burden shall be on the applicant. ``(b) Radio Interference.--A State or local government may regulate the location, height, or modification of broadcast transmission facilities in order to address the effects of radio frequency interference caused by such facilities on local communities and the public. ``(c) Authority To Require Studies and Documentation.--No provision of this Act may be interpreted to prohibit a State or local government from-- ``(1) requiring a person seeking authority to place, construct, or modify broadcast transmission facilities to produce-- ``(A) environmental, biological, and health studies, engineering reports, or other documentation of the compliance of such facilities with radio frequency exposure limits, radio frequency interference impacts, and compliance with applicable laws, rules, and regulations governing the effects of such facilities on the environment, public health and safety, and the general welfare of the community and the public; and ``(B) documentation of the compliance of such facilities with applicable Federal, State, and local aviation safety standards or aviation obstruction standards regarding objects effecting navigable airspace; or ``(2) refusing to grant authority to such person to place, construct, or modify such facilities within the jurisdiction of such government if such person fails to produce studies, reports, or documentation required under paragraph (1). ``(d) Construction.--Nothing in this section may be construed to prohibit or otherwise limit the authority of a State or local government to ensure compliance with or otherwise enforce any statements, assertions, or representations filed or submitted by or on behalf of an applicant with the State or local government for authority to place, construct, or modify broadcast transmission facilities within the jurisdiction of the State or local government. ``(e) Broadcast Transmission Facility Defined.--In this section, the term `broadcast transmission facility' means the equipment, or any portion thereof, with which a broadcaster transmits and receives the radiofrequency waves that carry the services of the broadcaster, regardless of whether the equipment is sited on one or more towers or other structures owned by a person or entity other than the broadcaster, and includes the location of such equipment.''.

Local Control of Broadcast Towers Act - Prohibits the Federal Communications Commission from adopting a final rule or otherwise implementing any portion of a proposed rule regarding the preemption of State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities. Amends the Communications Act of 1934 to allow a State or local government to deny an application to place, construct, or modify such facilities on the basis that alternative technologies, systems, or structures are capable of delivering such services in a manner less intrusive to the local community. Places the burden of proving the appropriateness of proposed facilities on applicants. Allows a State or local government to regulate the location, height, or modification of such facilities in order to address the effects of radio frequency interference on local communities and the public.Prohibits the Act from being interpreted to prohibit a State or local government from requiring environmental or other studies, reports, or documentation concerning the placement, construction, or modification of such facilities.

A bill to amend the Communications Act of 1934 to clarify and reaffirm State and local authority to regulate the placement, construction, and modification of broadcast transmission facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Consumer Access to Travel Information Act''. SEC. 2. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION AND CHOICE IN THE AIRLINE INDUSTRY. (a) Findings.--The Congress finds the following: (1) The continued success of a deregulated airline system requires that consumers have full access to complete information concerning airline fares, routes, and other services. (2) The means of distributing information about the products and services of the airline industry are changing; during the past four years, airlines have begun selling a larger percentage of their products and services directly to consumers, and Internet businesses are now offering services that allow consumers to compare prices for these products and services. (3) Airline policies with respect to travel agencies, who historically have sold a majority of the airline industry's products and services, threaten the ability of consumers to gather the information necessary to evaluate market prices, routes, and services. (4) Further reductions in the number of travel agents and greater marketplace reliance on direct airline sales may result in a marketplace in which consumers lack sufficient information and are thereby forced to pay higher prices. (b) Establishment.--There is established a commission to be known as the ``National Commission to Ensure Consumer Information and Choice in the Airline Industry'' (hereinafter in this section referred to as the ``Commission''). (c) Duties.-- (1) Study.--The Commission shall undertake a study of-- (A) consumer access to information about the products and services of the airline industry; (B) the effect on the marketplace of the emergence of new means of distributing such products and services; (C) the effect on consumers of the declining financial condition of travel agents in the United States; and (D) the impediments imposed by the airline industry on distributors of the industry's products and services, including travel agents and Internet-based distributors. (2) Policy recommendations.--Based on the results of the study described in paragraph (1), the Commission shall recommend to the President and Congress policies necessary-- (A) to ensure full consumer access to complete information concerning airline fares, routes, and other services; (B) to ensure that the means of distributing the products and services of the airline industry, and of disseminating information about such products and services, is adequate to ensure that competitive information is available in the marketplace; (C) to ensure that distributors of the products and services of the airline industry have adequate relief from illegal, anticompetitive practices that occur in the marketplace; and (D) to foster healthy competition in the airline industry and the entry of new entrants. (d) Specific Matters To Be Addressed.--In carrying out the study authorized under subsection (c)(1), the Commission shall specifically address the following: (1) Consumer access to information.--With respect to consumer access to information regarding the services and products offered by the airline industry: (A) The state of such access. (B) The effect in the next 5 years of the making of alliances in the airline industry. (C) Whether and to what degree the trends regarding such access will produce benefits to consumers. (2) Means of distribution.--With respect to the means of distributing the products and services of the airline industry: (A) The state of such means of distribution. (B) The roles played by travel agencies and Internet-based providers of travel information and services in distributing such products and services. (C) Whether the policies of the United States promote the access of consumers to multiple means of distribution. (3) Airline reservation systems.--With respect to airline reservation systems: (A) The rules, regulations, policies, and practices of the industry governing such systems. (B) How trends in such systems will affect consumers, including-- (i) the effect on consumer access to flight reservation information; and (ii) the effect on consumers of the use by the airline industry of penalties and promotions to convince distributors to use such systems, and the degree of consumer awareness of such penalties and promotions. (4) Legal impediments to distributors seeking relief for anticompetitive actions.--The policies of the United States with respect to the legal impediments to distributors seeking relief for anticompetitive actions, including-- (A) Federal preemption of civil actions against airlines; and (B) the role of the Department of Transportation in enforcing rules against anticompetitive practices. (e) Membership.-- (1) Appointment.--The Commission shall be composed of 15 voting members and 11 nonvoting members as follows: (A) 5 voting members and 1 nonvoting member appointed by the President. (B) 3 voting members and 3 nonvoting members appointed by the Speaker of the House of Representatives. (C) 2 voting members and 2 nonvoting members appointed by the minority leader of the House of Representatives. (D) 3 voting members and 3 nonvoting members appointed by the majority leader of the Senate. (E) 2 voting members and 2 nonvoting members appointed by the minority leader of the Senate (2) Qualifications.--Voting members appointed pursuant to paragraph (1) shall be appointed from among individuals who are experts in economics, service product distribution, or transportation, or any related discipline, and who can represent consumers, passengers, shippers, travel agents, airlines, or general aviation. (3) Terms.--Members shall be appointed for the life of the Commission. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Travel expenses.--Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (6) Chairman.--The President, in consultation with the Speaker of the House of Representatives and the majority leader of the Senate, shall designate the Chairman of the Commission from among its voting members. (f) Commission Panels.--The Chairman shall establish such panels consisting of voting members of the Commission as the Chairman determines appropriate to carry out the functions of the Commission. (g) Staff.--The Commission may appoint and fix the pay of such personnel as it considers appropriate. (h) Staff of Federal Agencies.--Upon request of the Commission, the head of any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (i) Other Staff and Support.--Upon the request of the Commission, or a panel of the Commission, the Secretary of Transportation shall provide the Commission or panel with professional and administrative staff and other support, on a reimbursable basis, to assist the Commission or panel in carrying out its responsibilities. (j) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information (other than information required by any statute of the United States to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this section. Upon request of the Commission, the head of that department or agency shall furnish such nonconfidential information to the Commission. (k) Report.--Not later than 6 months after the date on which initial appointments of members to the Commission are completed, the Commission shall transmit to the President and Congress a report on the activities of the Commission, including recommendations made by the Commission under subsection (c)(2). (l) Termination.--The Commission shall terminate on the 30th day following the date of transmittal of the report under subsection (k). All records and papers of the Commission shall thereupon be delivered by the Administrator of General Services for deposit in the National Archives. (m) Applicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

Improved Consumer Access to Travel Information Act - Establishes the National Commission to Ensure Consumer Information and Choice in the Airline Industry. Sets forth the Commission's duties, including to: (1) study consumer access to airline industry information on products and services, the effect on consumers of the declining financial condition of travel agents in the United States, and the impediments imposed by the airline industry on distributors of the industry's products and services, including travel agents and Internet-based distributors; and (2) recommend, based on the study results, to the President and Congress policies necessary to ensure full consumer access to complete information concerning airline fares, routes, and other services, that the means of distributing the products and services of the airline industry (including information on such items) is adequate to ensure that competitive information is available in the marketplace, and that distributors of such products and services have adequate relief from illegal, anticompetitive practices that occur in the marketplace. Requires the Commission to report to the President and Congress on the Commission's activities, including any recommendations made by it.

Improved Consumer Access to Travel Information Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Workforce Reduction and Reform Act of 2011''. SEC. 2. FREEZE ON PAY AND BONUSES OF FEDERAL EMPLOYEES. (a) Extension of Pay Freeze for Federal Employees to 3 Years.-- Section 147 of the Continuing Appropriations Act, 2011 (Public Law 111- 242) is amended-- (1) in subsection (b)(1), by striking ``December 31, 2012'' and inserting ``December 31, 2014''; and (2) in subsection (c), by striking ``December 31, 2012'' and inserting ``December 31, 2014''. (b) 3-Year Freeze on Bonuses.-- (1) Definitions.--In this subsection-- (A) the term ``agency'' has the meaning given under section 4501(1) of title 5, United States Code; and (B) the term ``employee'' has the meaning given under section 4501(2) of title 5, United States Code. (2) Freeze on bonuses.--Notwithstanding any other provision of law, during each of fiscal years 2012, 2013, and 2014, no agency may pay any bonus (including any recruitment or retention bonus) or any cash award (including any performance- based cash award under section 4505a of title 5, United States Code, or any similar provision of law) to any employee. SEC. 3. REDUCTION IN FEDERAL WORKFORCE. (a) Definitions.--In this section-- (1) the term ``agency'' means an Executive agency as defined under section 105 of title 5, United States Code, excluding the Government Accountability Office; (2) the term ``Federal employee'' means an employee as defined under section 2105 of title 5, United States Code; and (3) the term ``total number of Federal employees'' means the total number of Federal employees in all agencies. (b) Limitation.--The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that, effective beginning in fiscal year 2022, the total number of Federal employees shall not exceed 85 percent of the total number of Federal employees on September 30, 2011. (c) Monitoring and Notification.--The Office of Management and Budget (in consultation with the Office of Personnel Management)-- (1) shall continuously monitor all agencies and make a determination, as of September 30, 2011, and the last day of each quarter of each fiscal year beginning thereafter, as to whether or not the total number of Federal employees exceeds the maximum number allowable under subsection (b); and (2) whenever a determination under paragraph (1) is made that the total number of Federal employees exceeds the maximum number allowable under subsection (b), shall provide written notice to that effect to the President and Congress within 14 days after the last day of the quarter to which such determination relates. (d) Compliance.--Whenever, with respect to the quarter ending on September 30, 2021, or any subsequent quarter, the Office of Management and Budget provides written notice under subsection (c)(2) that the total number of Federal employees exceeds the maximum number allowable under subsection (b), no agency may thereafter appoint any employee to fill any vacancy within such agency until the Office of Management and Budget provides written notice to the President and Congress of a determination under subsection (c)(1) that the total number of Federal employees no longer exceeds the maximum number allowable under subsection (b). Any notice under the preceding sentence shall be provided within 14 days after the last day of the quarter to which the determination relates. (e) Waiver.--This section may be waived upon a determination by the President that-- (1) the existence of a state of war or other national security concern so requires; or (2) the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. (f) Counting Rule.--For purposes of this section, any determination of the number of employees in an agency shall be expressed on a full- time equivalent basis. (g) Limitation on Procurement of Service Contracts.--The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that there is no increase in the procurement of service contracts by reason of the enactment of this section, except in cases in which a cost comparison demonstrates that such contracts would be to the financial advantage of the Government. (h) Regulations.--Any regulations necessary to carry out this section may be prescribed by the President or his designee. SEC. 4. REDUCTION IN CONTRACT EMPLOYEES. (a) Definitions.--In this section, the term ``agency'' means an Executive agency as defined under section 105 of title 5, United States Code, excluding the Government Accountability Office. (b) Limitation.--The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that, effective beginning in fiscal year 2022, the total number of contract employees shall not exceed 85 percent of the total number of contract employees on September 30, 2011. (c) Monitoring and Notification.--The Office of Management and Budget (in consultation with the Office of Personnel Management)-- (1) shall continuously monitor all agencies and make a determination, as of September 30, 2011, and the last day of each quarter of each fiscal year beginning thereafter, as to whether or not the total number of contract employees exceeds the maximum number allowable under subsection (b); and (2) whenever a determination under paragraph (1) is made that the total number of contract employees exceeds the maximum number allowable under subsection (b), shall provide written notice to that effect to the President and Congress within 14 days after the last day of the quarter to which such determination relates. (d) Compliance.--Whenever, with respect to the quarter ending on September 30, 2021, or any subsequent quarter, the Office of Management and Budget provides written notice under subsection (c)(2) that the total number of contract employees exceeds the maximum number allowable under subsection (b), no agency may thereafter appoint any employee to fill any vacancy within such agency until the Office of Management and Budget provides written notice to the President and Congress of a determination under subsection (c)(1) that the total number of contract employees no longer exceeds the maximum number allowable under subsection (b). Any notice under the preceding sentence shall be provided within 14 days after the last day of the quarter to which the determination relates. (e) Waiver.--This section may be waived upon a determination by the President that-- (1) the existence of a state of war or other national security concern so requires; or (2) the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. (f) Counting Rule.--For purposes of this section, any determination of the number of contact employees shall be expressed on a full-time equivalent basis. (g) Regulations.--Any regulations necessary to carry out this section may be prescribed by the President or his designee. SEC. 5. LIMITATION OF GOVERNMENT TRAVEL COSTS. (a) Definition.--In this section, the term ``agency''-- (1) has the meaning given under section 5701(1) of title 5, United States Code; and (2) does not include the Department of Defense. (b) Limitation.-- (1) In general.--Notwithstanding any other provision of law, the total amount which is paid or reimbursed by an agency under subchapter I of chapter 57 of title 5, United States Code (relating to travel and subsistence expenses; mileage allowances for official travel by Federal employees) may not-- (A) for each of fiscal years 2012 and 2013, exceed 50 percent of the total amount so paid or reimbursed by such agency for fiscal year 2011; and (B) for fiscal year 2014, exceed 25 percent of the total amount so paid or reimbursed by such agency for fiscal year 2011. (2) Exceptions.--For purposes of carrying out paragraph (1), there shall not be taken into account the amounts paid or reimbursed for-- (A) any subsistence or travel expenses for threatened law enforcement personnel, as described in section 5706a of title 5, United States Code; or (B) any other expenses for which an exception is established under paragraph (3) for reasons relating to national security or public safety. (3) Regulations.--Any regulations necessary to carry out this subsection shall, in consultation with the Director of the Office of Management and Budget, be prescribed by the same respective authorities as are responsible for prescribing regulations under section 5707 of title 5, United States Code. (c) Reserve Travel Amount.-- (1) Definition.--In this subsection, the term ``reserve travel amount'' means an amount equal to 10 percent of the total amount of appropriations made available to an agency in any fiscal year for purposes of payment or reimbursement by that agency under subchapter I of chapter 57 of title 5, United States Code (relating to travel and subsistence expenses; mileage allowances for official travel by Federal employees). (2) Requirement.--For each of fiscal years 2012 through 2014, each agency shall have a reserve travel amount available for expenditure or obligation on September 1 of each such fiscal year for purposes of payment or reimbursement by that agency under subchapter I of chapter 57 of title 5, United States Code (relating to travel and subsistence expenses; mileage allowances for official travel by Federal employees).

Federal Workforce Reduction and Reform Act of 2011 - Amends the Continuing Appropriations Act, 2011, to extend the freeze on statutory pay adjustments for federal civilian employees and increases in the rates of basic pay for senior executives or senior-level employees through December 31, 2014. Prohibits agencies from paying bonuses (including any recruitment or retention bonus) or cash awards (including performance-based cash awards) to employees during FY2012-FY2014. Requires the Office of Management and Budget (OMB) to: (1)  take appropriate measures to ensure that the total number of federal employees or contract employees, beginning in FY2022, does not exceed 85% of the total number of federal employees on September 30, 2011; (2) continuously monitor all agencies, make a determination on whether the total number of federal employees in any quarter of a fiscal year exceeds the maximum number allowed by this Act, and notify the President and Congress if the number exceeds the maximum; and (3) ensure that there is no increase in the procurement of service contracts due to this Act unless a cost comparison demonstrates that such contracts would be financially advantageous to the federal government. Prohibits a federal agency from filling any vacancy until OMB provides written notice to the President and Congress that the number of federal or contract employees does not exceed the limitation imposed by this Act. Allows the President to waive the workforce limitations imposed by this Act if the President determines that the existence of a state or war or other national security concern or the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. Imposes limitations on the amount allowed for the reimbursement of travel costs incurred by federal employees (except employees of the Department of Defense [DOD]) in FY2012-FY2014 unless such expenses are incurred by threatened law enforcement personnel or for reasons relating to national security or public safety.

A bill to reduce the size of the Federal workforce and Federal employee cost relating to pay, bonuses, and travel.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Federal Asthma Assessment and State Tracking Act of 2002'' (FAAST Act). (b) Findings.--Congress finds the following: (1) Asthma summary.--Asthma is a serious chronic condition affecting many Americans. Asthma accounts for an estimated 3 million lost workdays for adults and 10.1 million lost school days in children annually. Over the past 20 years mortality, morbidity, and hospital discharge rates attributed to asthma have substantially increased. Between 1979 and 1998, the age- adjusted mortality rate increased 56 percent while the prevalence rate increased by almost 22 percent in males and 97 percent in females between 1982 and 1996. (2) Race-specific prevalence.--In 1996, the prevalence rate of asthma in whites was 53.5 per 1,000 persons while the prevalence rate in blacks was 69.6 per 1,000 persons. Both of these rates represent significant differences from the rates reported in 1982, when they were 34.6 and 39.2 for whites and blacks, respectively. (3) Economic costs of asthma.--Asthma entails an annual economic cost to the Nation in direct health care costs of $8.1 billion; indirect costs (lost productivity) add another $4.6 billion for a total of $12.7 billion. Inpatient hospital services represented the largest single direct medical expenditure, over $3.5 billion. The value of reduced productivity due to loss of school days represented the largest single indirect cost at $1.5 billion. SEC. 2. ASTHMA SCREENING FOR EARLY HEAD START AND HEAD START PROGRAMS. (a) Early Head Start Programs.--Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended by adding at the end the following: ``(h) Asthma Screening.-- ``(1) In general.--An entity that receives assistance under this section may carry out a program under which the entity-- ``(A) determines whether a child eligible to participate in the program described in subsection (a) has each received an asthma screening test using a test that is appropriate for age and risk factors on the enrollment of the child in the program; and ``(B) in the case of a child who has not received such an asthma screening test, ensures that the enrolled child receives such a test either by referral or by performing the test (under contract or otherwise). ``(2) Reimbursement.-- ``(A) In general.--On the request of an entity that performs or arranges for the performance of an asthma screening test under paragraph (1) on a child who is eligible for or receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Secretary of Health and Human Services, notwithstanding any other provision of, or limitation under, title XIX of the Social Security Act, shall reimburse the entity, from funds that are made available under that title, for 100 percent of the cost of the test and data reporting. ``(B) Costs.--The costs of a test conducted under this subsection-- ``(i) shall include reimbursement for testing devices and associated supplies approved for sale by the Food and Drug Administration and used in compliance with section 353 of the Public Health Service Act (42 U.S.C. 263a); and ``(ii) shall include reimbursement for administering the tests and related services, as determined appropriate by the State agency. ``(3) Head start.--This subsection shall apply to Head Start programs that include coverage, directly or indirectly, for infants and toddlers under the age of 3 years.''. (b) Head Start Programs.--Section 642(b) of the Head Start Act (42 U.S.C. 9837(b)) is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(12) with respect to an agency that elects to carry out a program under section 645A(h), comply with the requirements of such section in the case of each child eligible to participate in the Head Start program to be carried out by the agency.''. SEC. 3. ASTHMA SCREENING AND TREATMENT FOR CHILDREN ENROLLED IN PUBLIC SCHOOLS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the following: ``SEC. 320B. ASTHMA SCREENING AND TREATMENT FOR CHILDREN ENROLLED IN PUBLIC SCHOOLS. ``(a) Grants.--The Secretary shall award grants to eligible local educational agencies to enable such agencies to carry out asthma health screening and case management programs determined appropriate by the Secretary in accordance with the program elements described in subsection (d). ``(b) Eligibility.--To be eligible to receive a grant under subsection (a), a local educational agency shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Preference.--In awarding grants under this section, the Secretary shall give preference to local educational agencies serving schools that are located in areas with a high incidence of childhood asthma or a high death rate associated with childhood asthma. ``(d) Program Elements.--Under an asthma program operated under a grant under this section, a local educational agency shall-- ``(1) determine whether a child enrolled in a school in which the program is in effect has received an asthma screening test using a test that is appropriate for age and risk factors on the enrollment of the child in the school; ``(2) in the case of a child who has not received an asthma screening test, ensure that the child receives such a test either by referral or by performing the test (under contract or otherwise); and ``(3) in the case of a child determined to have asthma, provide treatment or refer the child for treatment (including case management) and education in the management of asthma. ``(e) Reimbursement.-- ``(1) Children enrolled in or eligible for medicaid.-- ``(A) In general.--With respect to a child who is eligible for or receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and who receives, or is provided, a test, treatment, or education, under a program established under subsection (a), the Secretary, notwithstanding any other provision of, or limitation under, such title XIX, including the payment limitation commonly known as the `free care rule', shall reimburse the local educational agency administering such program from funds that are made available under such title XIX for 100 percent of the cost of the performance, arrangement, or provision and data reporting. ``(B) Costs.--The costs of a test conducted under this section shall include reimbursement for-- ``(i) testing devices and associated supplies approved for sale by the Food and Drug Administration and used in compliance with section 353; and ``(ii) administering the tests and related services, as determined appropriate by the State agency responsible for the administration of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). ``(2) Children enrolled in or eligible for schip.-- ``(A) In general.--With respect to a child who is eligible for or receiving child health assistance under a State plan under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) and who receives, or is provided, a test, treatment, or education under a program established under subsection (a), the Secretary, notwithstanding any other provision of, or limitation under, such title XXI, or any other provision of law (including the payment limitation under title XIX commonly known as the `free care rule' to the extent, if any, such limitation applies to the State children's health insurance program established under title XXI of that Act), shall reimburse the local educational agency administering such program from funds that are made available under such title XXI for 100 percent of the cost of the performance, arrangement, or provision and data reporting. ``(B) Costs.--The costs shall include the costs described in paragraph (1)(B). ``(f) Definitions.--In this section, the terms `local educational agency', `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). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section with respect to a child, and any data reporting with respect to the child, who is not eligible for coverage under title XIX or XXI of the Social Security Act, or is not otherwise covered under a health insurance plan, $15,000,000 for each of fiscal years 2003 through 2008. ``(h) Evaluations.--Not later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report containing data related to whether grants provided under this section have ensured that children at the highest risk for asthma are identified and treated.''. SEC. 4. PAYMENTS FOR SCREENING AND TREATMENT PROVIDED TO CHILDREN ELIGIBLE UNDER MEDICAID OR SCHIP. (a) Medicaid.--Section 1903(c) of the Social Security Act (42 U.S.C. 1396b(c)) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following: ``(2) Nothing in this title or any other provision of law, including the payment limitation commonly known as the `free care rule', shall be construed as prohibiting or restricting, or authorizing the Secretary to prohibit or restrict, payment under subsection (a) for medical assistance for covered services furnished to a child who is eligible for or receiving medical assistance under the State plan and who receives an asthma screening test, or is provided treatment or education in disease management relating to asthma, through a public elementary or secondary school, whether directly or indirectly, and regardless of whether the school participates in a program established under subsection (a) or (b) of section 1120B of the Elementary and Secondary Education Act of 1965.''. (b) SCHIP.--Section 2105 of the Social Security Act (42 U.S.C. 1397ee) is amended by adding at the end the following: ``(g) Required Payment for Certain School-Based Services.--Nothing in this title or any other provision of law (including the payment limitation under title XIX commonly known as the `free care rule' to the extent, if any, such limitation applies to the program established under this title) shall be construed as prohibiting or restricting, or authorizing the Secretary to prohibit or restrict, payment under subsection (a) for child health assistance for covered services furnished to a child who is eligible for or receiving such assistance under the State child health plan and who receives an asthma screening test that is available to children receiving assistance under the State plan, or is provided treatment or education in disease management relating to asthma through a public elementary or secondary school, whether directly or indirectly, and regardless of whether the school participates in a program established under subsection (a) or (b) of section 1120B of the Elementary and Secondary Education Act of 1965.''. SEC. 5. MODEL ASTHMA TREATMENTS CENTERS DEMONSTRATION PROGRAM. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall develop, in conjunction with State medicaid programs under title XIX of the Social Security Act, a demonstration program for model asthma treatment centers. In developing the program, the Secretary shall base the centers on the scientifically validated asthma treatment models developed by the Inner City Asthma Program sponsored by the National Institutes of Health. Such Program has successfully provided education, screening, and treatment services to children with asthma while improving health outcomes and lowering overall health care expenditures. (b) Location.--In developing the demonstration program under this section, the Secretary shall give priority to communities where the prevalence of uncontrolled asthma is high.

Federal Asthma Assessment and State Tracking Act of 2002 - Amends the Head Start Act to authorize early Head Start and Head Start programs to carry out asthma screening programs.Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants to local educational agencies for asthma screening programs for public school children.Amends the Social Security Act to state that nothing under such Act or other law shall be construed as prohibiting or restricting Medicaid or school-based assistance for children receiving asthma screening tests.Requires the Secretary to develop, in conjunction with State medicaid programs under the Social Security Act, a demonstration program for model asthma treatment centers. Directs that the centers be based on the treatment models developed by the Inner City Asthma Program sponsored by the National Institutes of Health. Directs the Secretary to give priority in developing the program to communities where the prevalence of uncontrolled asthma is high.

To ensure that children at highest risk for asthma are identified and treated.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Children's Island Act of 1995''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) The term ``plat'' means the plat filed in the Office of the Surveyor of the District of Columbia under S.O. 92-252. (2) The term ``District'' means the District of Columbia. (3) The term ``Islands'' means Heritage Island and all of that portion of Kingman Island located south of Benning Road and within the District of Columbia and the Anacostia River, being a portion of United States Reservation 343, Section F, as specified and legally described on the Survey. (4) The term ``National Children's Island'' means a cultural, educational, and family-oriented recreation park, together with a children's playground, to be developed and operated in accordance with the Children's Island Development Plan Act of 1993, D.C. Act 10-110. (5) The term ``playground'' means the children's playground that is part of National Children's Island and includes all lands on the Islands located south of East Capitol Street. (6) The term ``recreation park'' means the cultural, educational, and family-oriented recreation park that is part of National Children's Island. (7) The term ``Secretary'' means the Secretary of the Interior. (8) The term ``Survey'' means the ALTA/ACSM Land Title Survey prepared by Dewberry & Davis and dated February 12, 1994. SEC. 3. PROPERTY TRANSFER. (a) Transfer of Title.--In order to facilitate the construction, development, and operation of National Children's Island, the Secretary shall, not later than six months after the date of enactment of this Act and subject to this Act, transfer by quitclaim deed, without consideration, to the District all right, title, and interest of the United States in and to the Islands. Unbudgeted actual costs incurred by the Secretary for such transfer shall be borne by the District. The District may seek reimbursement from any third party for such costs. (b) Grant of Easements.--(1) The Secretary shall, not later than six months after the date of enactment of this Act, grant, without consideration, to the District, permanent easements across the waterways and bed of the Anacostia River as described in the Survey as Leased Riverbed Areas A, B, C, and D, and across the shoreline of the Anacostia River as depicted on the plat map recorded in the Office of the Surveyor of the District as S.O. 92-252. (2) Easements granted under paragraph (1) shall run with the land and shall be for the purposes of-- (A) constructing, reconstructing, maintaining, operating, and otherwise using only such bridges, roads, and other improvements as are necessary or desirable for vehicular and pedestrian egress and ingress to and from the Islands and which satisfy the District Building Code and applicable safety requirements; (B) installing, reinstalling, maintaining, and operating utility transmission corridors, including (but not limited to) all necessary electricity, water, sewer, gas, necessary or desirable for the construction, reconstruction, maintenance, and operation of the Islands and any and all improvements located thereon from time to time; and (C) constructing, reconstructing, maintaining, operating, and otherwise providing necessary informational kiosk, ticketing booth, and security for the Islands. (3) Easements granted under paragraph (1) shall be assignable by the District to any lessee, sublessee, or operator, or any combination thereof, of the Islands. (c) Development.--The development of National Children's Island shall proceed as specified in paragraph 3 of the legend on the plat or as otherwise authorized by the District by agreement, lease, resolution, appropriate executive action, or otherwise. (d) Reversion.--(1) The transfer under subsection (a) and the grant of easements under subsection (b) shall be subject to the condition that the Islands only be used for the purposes of National Children's Island. Title in the property transferred under subsection (a) and the easements granted under subsection (b), shall revert to the United States 60 days after the date on which the Secretary provides written notice of the reversion to the District based on the Secretary's determination, which shall be made in accordance with chapter 5 of title 5, United States Code (relating to administrative procedures), that one of the following has occurred: (A) Failure to commence improvements in the recreational park within the earlier of-- (i) three years after building permits are obtained for construction of such improvements; or (ii) four years after title has been transferred, as provided in subsection (a). (B) Failure to commence operation of the recreation park within the earlier of-- (i) five years after building permits are obtained for construction of such improvements; or (ii) seven years after title has been transferred, as provided in subsection (a). (C) After completion of construction and commencement of operation, the abandonment or non-use of the recreation park for a period of two years. (D) After completion of construction and commencement of operation, conversion of the Islands to a use other than that specified in this Act or conversion to a parking use not in accordance with section 4(b). (2) The periods referred to in paragraph (1) shall be extended during the pendency of any lawsuit which seeks to enjoin the development or operation of National Children's Island or the administrative process leading to such development or operation. (3) Following any reconveyance or reversion to the National Park Service, any and all claims and judgments arising during the period the District holds title to the Islands, the playground, and premises shall remain the responsibility of the District, and such reconveyance or reversion shall extinguish any and all leases, rights or privileges to the Islands and the playground granted by the District. (4) The District shall require any nongovernmental entity authorized to construct, develop, and operate National Children's Island to establish an escrow fund, post a surety bond, provide a letter of credit or otherwise provide such security for the benefit of the National Park Service, substantially equivalent to that specified in paragraph 11 of the legend on the plat, to serve as the sole source of funding for restoration of the recreation park to a condition suitable for National Park Service purposes (namely, the removal of all buildings and grading, seeding and landscaping of the recreation park) upon reversion of the property. If, on the date which is two years from the date of reversion of the property, the National Park Service has not commenced restoration or is not diligently proceeding with such restoration, any amount in the escrow fund shall be distributed to such nongovernmental entity. SEC. 4. PROVISIONS RELATING TO LANDS TRANSFERRED AND EASEMENTS GRANTED. (a) Playground.--Operation of the recreation park may only commence simultaneously with or subsequent to improvement and opening of a children's playground at National Children's Island that is available to the public free of charge. The playground shall only include those improvements traditionally or ordinarily included in a publicly maintained children's playground. Operation of the recreation park is at all times dependent on the continued maintenance of the children's playground. (b) Public Parking.--Public parking on the Islands is prohibited, except for handicapped parking, emergency and government vehicles, and parking related to constructing, and servicing National Children's Island. (c) Required Approvals.--Before construction commences, the final design plans for the recreation park and playground, and all related structures, including bridges and roads, are subject to the review and approval of the National Capital Planning Commission and of the District of Columbia in accordance with the Children's Island Development Plan Act of 1993 (D.C. Act 10-110). The District of Columbia shall carry out its review of this project in full compliance with all applicable provisions of the National Environmental Policy Act of 1969. SEC. 5. EFFECT OF PROPERTY TRANSFER. (a) Effect of Property Transfer.--Upon the transfer of the Islands to the District pursuant to this Act: (1) The Transfer of Jurisdiction concerning the Islands from the National Park Service to the District dated February 1993, as set out on the plat map recorded in the Office of the Surveyor of the District as S.O. 92-252 and as approved by the Council of the District by Resolution 10-91, shall become null and void and of no further force and effect, except for the references in this Act to paragraphs 3 and 11 of the legend on the plat. (2) The Islands shall no longer be considered to be part of Anacostia Park and shall not be considered to be within the park system of the District; therefore, the provisions of section 2 of the Act entitled ``An Act to vest in the Commissioners of the District of Columbia control of street parking in said District'', approved July 1, 1898 (ch. 543, 30 Stat. 570; D.C. Code 8-104), shall not apply to the Islands, and the District shall have exclusive charge and control over the Islands and easements transferred. (3) The Islands shall cease to be a reservation, park, or public grounds of the United States for the purposes of the Act of August 24, 1912 (ch. 355, 37 Stat. 444; 40 U.S.C. 68; 8-128 D.C. Code). (b) Use of Certain Lands for Parking and Other Purposes.-- Notwithstanding any other provision of law, the District is hereby authorized to grant via appropriate instrument to a nongovernmental individual or entity any and all of its rights to use the lands currently being leased by the United States to the District pursuant to the District of Columbia Stadium Act of 1957 (Public Law 85-300, September 7, 1957, 71 Stat. 619) for parking facilities (and necessary informational kiosk, ticketing booth, and security) as the Mayor of the District in his discretion may determine necessary or appropriate in connection with or in support of National Children's Island. SEC. 6. SAVINGS PROVISIONS. No provision of this Act shall be construed-- (1) as an express or implied endorsement or approval by the Congress of any such construction, development, or operation of National Children's Island; (2) except as provided in section 5, to exempt the recreational park and playground from the laws of the United States or the District, including laws relating to the environment, health, and safety; or (3) to prevent additional conditions on the National Children's Island development or operation to mitigate adverse impacts on adjacent residential neighborhoods and park lands and the Anacostia River. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Children's Island Act of 1995 - Requires the Secretary of the Interior: (1) in order to facilitate construction, development, and operation of National Children's Island, to transfer to the District of Columbia Heritage Island and all of that portion of the Kingman Island located south of Benning Road and within the District and the Anacostia River; and (2) to grant to the District permanent easements to such property for use by the District for roads and bridges (which satisfy the District Building Code and applicable safety requirements), utility transmission corridors, and an informational kiosk, a ticketing booth, and security for the Islands. Allows the District to assign the easements to any operator of the Islands. Requires unbudgeted actual costs incurred by the Secretary for the transfer to be borne by the District. Authorizes the District to seek reimbursement from any third party for such costs. Requires the development of National Children's Island (consisting of a recreation park and a children's playground) to proceed as authorized. Subjects the transfer and easements to the condition that the Islands be used only for the purposes of the National Children's Island and provides for reversion to the United States if improvements and operations are not commenced within specified periods, if the recreation area is abandoned or not used for a specified period, or if the Islands are converted to another use. Requires the District to direct any nongovernmental entity authorized to construct, develop, and operate National Children's Island to establish an escrow fund, post a surety bond, provide a letter of credit, or otherwise provide such security for the benefit of the Service to serve as the sole source of funding for restoration of the park to a condition suitable for Service purposes upon reversion of the property. Requires any amount in the escrow fund to be distributed to such entity if, after two years from the date of reversion of the property, the Service has not commenced, or is not diligently proceeding with, such restoration. (Sec. 4) Provides that operation of the park may only commence simultaneously with or subsequent to improvement and opening of a children's playground at the National Children's Island that is available to the public free of charge. Prohibits public parking on the Islands except for handicapped parking, emergency and governmental vehicles, and parking related to constructing and servicing the National Children's Island. Subjects the final design plans for the park and playground to the review and approval of the National Capital Planning Commission and the District. Provides that: (1) the transfer of jurisdiction concerning the Islands from the National Park Service to the District as approved by the Council of the District shall become null and void and of no further force and effect; (2) the Islands shall no longer be considered to be part of Anacostia Park or to be within the District's park system; and (3) the District shall have exclusive charge and control over the Islands and easements. Authorizes the District to grant to a nongovernmental individual or entity a right to use the lands currently being leased by the United States to the District pursuant to the District of Columbia Stadium Act of 1957 for parking facilities (and necessary informational kiosk, ticketing booth, and security) as the Mayor of the District may determine necessary or appropriate in connection with or in support of National Children's Island.

National Children's Island Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe, Convenient, Reliable, Efficient, Effective, Next-Generation, Functional, and Secure TSA Act of 2016'' or the ``SCREEN FAST Act''. SEC. 2. PILOT PROGRAM FOR INCREASED EFFICIENCY AND SECURITY AT CATEGORY X AIRPORTS. (a) In General.--The Administrator of the Transportation Security Administration shall establish a pilot program at 3 airports to reconfigure and install security systems that increase efficiency and reduce vulnerabilities in airport terminals, particularly at airports that have large open areas where screening is conducted. (b) Selection of Airports.--In selecting airports for the pilot program established under subsection (a), the Administrator shall-- (1) select airports from among airports classified by the Transportation Security Administration as category X airports and that are able to begin the reconfiguration and installation of security systems expeditiously; and (2) give priority to an airport that-- (A) submits a proposal that seeks Federal funding for reconfiguration of the airport's security systems; (B) has the space needed to reduce vulnerabilities and reconfigure the existing security systems; and (C) is able to enter into a cost-sharing arrangement with the Transportation Security Administration under which the airport will provided funding equal to 25 percent of the cost of the pilot program. SEC. 3. PILOT PROGRAM FOR THE DEVELOPMENT AND TESTING OF PROTOTYPES FOR AIRPORT SECURITY SYSTEMS. (a) In General.--The Administrator of the Transportation Security Administration shall establish a pilot program at 3 airports to develop and test prototypes of screening security systems and security checkpoint configurations to expedite the movement of passengers by deploying a range of technologies including passive and active systems, new types of security baggage and personal screening systems, and new systems to review and address passenger and baggage anomalies. (b) Selection of Airports.--In selecting airports for the pilot program established under subsection (a), the Administrator shall-- (1) select airports from among airports classified by the Transportation Security Administration as category X airports that are able to begin the reconfiguration and installation of security systems expeditiously; (2) consider the space available at airports and the ability of airports to test prototypes; and (3) give priority to an airport that-- (A) submits a proposal that seeks Federal funding to test prototypes for new airport security systems; (B) has the space needed to reduce vulnerabilities and reconfigure the existing security systems; and (C) is able to enter into a cost-sharing arrangement with the Transportation Security Administration under which the airport will provided funding equal to 25 percent of the cost of the pilot program. SEC. 4. REPORT REQUIRED. Not later than 90 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a report on the pilot programs established under sections 2 and 3. SEC. 5. FUNDING. The Administrator of the Transportation Security Administration shall carry out the pilot programs established under sections 2 and 3 using amounts-- (1) appropriated to the Transportation Security Administration before the date of the enactment of this Act and available for obligation as of such date of enactment; and (2) amounts obtained as reimbursements from airports under those pilot programs. SEC. 6. ACCEPTANCE AND PROVISION OF RESOURCES BY THE TRANSPORTATION SECURITY ADMINISTRATION. Section 114(m) of title 49, United States Code, is amended by adding at the end the following: ``(3) Acceptance and provision of resources.--In carrying out the functions of the Administration, the Under Secretary shall have the authority-- ``(A) to provide or accept services, supplies, equipment, personnel, and facilities, with or without reimbursement, to or from any other public or private entity on such terms as the Under Secretary may consider appropriate and notwithstanding sections 1341 and 1501 through 1519 of title 31; and ``(B) upon the request of any person, to accept a monetary gift or bequest, to be available until expended, in accordance with the terms of the monetary gift or bequest, to the greatest extent practicable.''.

Safe, Convenient, Reliable, Efficient, Effective, Next-Generation, Functional, and Secure TSA Act of 2016 or the SCREEN FAST Act This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security to establish a pilot program at three category X airports to reconfigure and install security systems that increase efficiency and reduce vulnerabilities in airport terminals, particularly those that have large open areas where screening occurs. The TSA shall also establish a pilot program at those airports to develop and test prototypes of screening security systems and security checkpoint configurations to expedite the movement of passengers by deploying an array of technologies including passive and active systems, new types of security baggage and passenger screening systems, and new systems to address passenger and baggage anomalies.

SCREEN FAST Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Immigration Litigation Act''. SEC. 2. JUDICIAL REVIEW OF ORDERS OF REMOVAL. (a) In General.--Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraphs (A), (B), and (C), by inserting ``(statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code'' after ``Notwithstanding any other provision of law''; and (ii) by adding at the end the following: ``(D) Judicial review of certain legal claims.-- Nothing in this paragraph shall be construed as precluding consideration by the circuit courts of appeals of constitutional claims or pure questions of law raised upon petitions for review filed in accordance with this section. Notwithstanding any other provision of law (statutory and nonstatutory), including section 2241 of title 28, United States Code, or, except as provided in subsection (e), any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code, such petitions for review shall be the sole and exclusive means of raising any and all claims with respect to orders of removal entered or issued under any provision of this Act.''; and (B) by adding at the end the following: ``(4) Claims under the united nations convention.-- Notwithstanding any other provision of law (statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code, a petition for review by the circuit courts of appeals filed in accordance with this section is the sole and exclusive means of judicial review of claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment. ``(5) Exclusive means of review.--The judicial review specified in this subsection shall be the sole and exclusive means for review by any court of an order of removal entered or issued under any provision of this Act. For purposes of this title, in every provision that limits or eliminates judicial review or jurisdiction to review, the terms `judicial review' and `jurisdiction to review' include habeas corpus review pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, sections 1361 and 1651 of title 28, United States Code, and review pursuant to any other provision of law.''; (2) in subsection (b)-- (A) in paragraph (3)(B), by inserting ``pursuant to subsection (f)'' after ``unless''; and (B) in paragraph (9), by adding at the end the following: ``Except as otherwise provided in this subsection, no court shall have jurisdiction, by habeas corpus under section 2241 of title 28, United States Code, or any other habeas corpus provision, by section 1361 or 1651 of title 28, United States Code, or by any other provision of law (statutory or nonstatutory), to hear any cause or claim subject to these consolidation provisions.''; (3) in subsection (f)(2), by inserting ``or stay, by temporary or permanent order, including stays pending judicial review,'' after ``no court shall enjoin''; and (4) in subsection (g), by inserting ``(statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code'' after ``notwithstanding any other provision of law''. (b) Effective Date.--The amendments made by subsection (a) shall take effect upon the date of enactment of this Act and shall apply to cases in which the final administrative removal order was issued before, on, or after the date of enactment of this Act. SEC. 3. CONSOLIDATION OF APPEALS. (a) In General.--Section 242(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(2)), is amended by striking the first sentence and inserting the following: ``The petition for review shall be filed with the court of appeals for the Federal Circuit.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to any final agency order that was entered on or after the date of enactment of this Act. SEC. 4. ADDITIONAL REMOVAL AUTHORITIES. (a) In General.--Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended-- (1) in paragraph (1)-- (A) in each of subparagraphs (A) and (B), by striking the period at the end and inserting ``unless, in the opinion of the Secretary of Homeland Security, removing the alien to such country would be prejudicial to the United States.''; and (B) by amending subparagraph (C) to read as follows: ``(C) Alternative countries.--If the alien is not removed to a country designated in subparagraph (A) or (B), the Secretary of Homeland Security shall remove the alien to-- ``(i) the country of which the alien is a citizen, subject, or national, where the alien was born, or where the alien has a residence, unless the country physically prevents the alien from entering the country upon the alien's removal there; or ``(ii) any country whose government will accept the alien into that country.''; and (2) in paragraph (2)-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (B) by amending subparagraph (D) to read as follows: ``(D) Alternative countries.--If the alien is not removed to a country designated under subparagraph (A)(i), the Secretary of Homeland Security shall remove the alien to a country of which the alien is a subject, national, or citizen, where the alien was born, or where the alien has a residence, unless-- ``(i) such country physically prevents the alien from entering the country upon the alien's removal there; or ``(ii) in the opinion of the Secretary of Homeland Security, removing the alien to the country would be prejudicial to the United States.''; and (C) by amending subparagraph (E)(vii) to read as follows: ``(vii) Any country whose government will accept the alien into that country.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any deportation, exclusion, or removal on or after such date pursuant to any deportation, exclusion, or removal order, regardless of whether such order is administratively final before, on, or after such date. SEC. 5. BURDEN OF PROOF. (a) Conditions for Granting Asylum.--Section 208(b) of the Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended-- (1) in paragraph (1), by striking ``The Attorney General'' and inserting the following: ``(A) Eligibility.--The Secretary of Homeland Security or the Attorney General''; and (2) by adding at the end the following: ``(B) Burden of proof.--The burden of proof is on the applicant to establish that the applicant is a refugee within the meaning of section 101(a)(42)(A). To establish that the applicant is a refugee within the meaning of this Act, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be the central motive for persecuting the applicant. The testimony of the applicant, only if it is credible, is persuasive, and refers to specific facts that demonstrate that the applicant is a refugee, may be sufficient to sustain such burden without corroboration. Where the trier of fact finds that it is reasonable to expect corroborating evidence for certain alleged facts pertaining to the specifics of the applicant's claim, such evidence must be provided unless a reasonable explanation is given as to why such information is not provided. The credibility determination of the trier of fact may be based, in addition to other factors, on the demeanor, candor, or responsiveness of the applicant or witness, the consistency between the applicant's or witness's written and oral statements, whether or not under oath, made at any time to any officer, agent, or employee of the United States, the internal consistency of each such statement, the consistency of such statements with the country conditions in the country from which the applicant claims asylum, as presented by the Department of State, and any inaccuracies or falsehoods in such statements. These factors may be considered individually or cumulatively.''. (b) Standard of Review for Orders of Removal.--Section 242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by adding after subparagraph (D) the following flush language: ``No court shall reverse a determination made by an adjudicator with respect to the availability of corroborating evidence as described in section 208(b)(1)(B), unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable.''. (c) Effective Date.--The amendment made by subsection (b) shall take effect upon the date of enactment of this Act and shall apply to cases in which the final administrative removal order was issued before, on, or after the date of enactment of this Act. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect upon the date of enactment of this Act.

Fairness in Immigration Litigation Act - Amends the Immigration and Nationality Act (INA) to preclude aliens, including criminal aliens, from seeking judicial review of removal orders or the denial of specified discretionary relief through habeas corpus, mandamus, or other extraordinary petitions. Declares that this Act does not preclude circuit court review on appeal of constitutional claims or pure questions of law. Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment. Limits judicial authority to grant stays of removal. Requires all petitions for review of removal orders to be filed in the U.S. Court of Appeals for the Federal Circuit. Expands the list of alternative countries to which an alien may be removed in the event that the country otherwise designated is unwilling to accept the alien. Requires asylum applicants to: (1) show that one of five statutory bases was the central motive for persecution in order to establish refugee status; and (2) submit corroborating evidence where it is reasonable for the trier of fact to expect such evidence. Lists factors relevant to credibility determinations in asylum cases. Precludes the reversal of determinations concerning the availability of corroborating evidence unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable.

A bill to reform the judicial review process of orders of removal for purposes of the Immigration and Nationality Act.

SECTION 1. EQUAL ACCESS TO JUSTICE REFORM. (a) Short Title.--This Act may be cited as the ``Equal Access to Justice Reform Amendments of 2000''. (b) Award of Costs and Fees.-- (1) Administrative proceedings.--Section 504(a)(2) of title 5, United States Code, is amended by inserting after ``(2)'' the following: ``At any time after the commencement of an adversary adjudication covered by this section, the adjudicative officer may ask a party to declare whether such party intends to seek an award of fees and expenses against the agency should such party prevail.''. (2) Judicial proceedings.--Section 2412(d)(1)(B) of title 28, United States Code, is amended by inserting after ``(B)'' the following: ``At any time after the commencement of an adversary adjudication covered by this section, the court may ask a party to declare whether such party intends to seek an award of fees and expenses against the agency should such party prevail.''. (c) Payment From Agency Appropriations.-- (1) Administrative proceedings.--Section 504(d) of title 5, United States Code, is amended by adding at the end the following: ``Fees and expenses awarded under this subsection may not be paid from the claims and judgments account of the Treasury from funds appropriated pursuant to section 1304 of title 31.''. (2) Judicial proceedings.--Section 2412(d)(4) of title 28, United States Code, is amended by adding at the end the following: ``Fees and expenses awarded under this subsection may not be paid from the claims and judgments account of the Treasury from funds appropriated pursuant to section 1304 of title 31.''. (d) Taxpayers' Recovery of Costs, Fees, and Expenses.-- (1) Administrative proceedings.--Section 504 of title 5, United States Code, is amended by striking subsection (f). (2) Judicial proceedings.--Section 2412 of title 28, United States Code, is amended by striking subsection (e). (e) Offers of Settlement.-- (1) Administrative proceedings.--Section 504 of title 5, United States Code (as amended by subsection (d) of this section), is amended by adding at the end the following: ``(f)(1) At any time after the filing of an application for fees and other expenses under this section, an agency from which a fee award is sought may serve upon the applicant an offer of settlement of the claims made in the application. If within 10 days after service of the offer the applicant serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof. ``(2) An offer not accepted shall be deemed withdrawn. The fact that an offer is made but not accepted shall not preclude a subsequent offer. If any award of fees and expenses for the merits of the proceeding finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorneys' fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer.''. (2) Judicial proceedings.--Section 2412 of title 28, United States Code (as amended by subsection (d) of this section), is amended by inserting after subsection (d) the following: ``(e)(1) At any time after the filing of an application for fees and other expenses under this section, an agency of the United States from which a fee award is sought may serve upon the applicant an offer of settlement of the claims made in the application. If within 10 days after service of the offer the applicant serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof. ``(2) An offer not accepted shall be deemed withdrawn. The fact that an offer is made but not accepted shall not preclude a subsequent offer. If any award of fees and expenses for the merits of the proceeding finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorneys' fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer.''. (f) Elimination of Substantial Justification Standard.-- (1) Administrative proceedings.--Section 504 of title 5, United States Code, is amended-- (A) in subsection (a)(1), by striking all beginning with ``, unless the adjudicative officer'' through ``expenses are sought''; and (B) in subsection (a)(2), by striking ``The party shall also allege that the position of the agency was not substantially justified.''. (2) Judicial proceedings.--Section 2412(d) of title 28, United States Code, is amended-- (A) in paragraph (1)(A), by striking ``, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust''; (B) in paragraph (1)(B), by striking ``The party shall also allege that the position of the United States was not substantially justified. Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought.''; and (C) in paragraph (3), by striking ``, unless the court finds that during such adversary adjudication the position of the United States was substantially justified, or that special circumstances make an award unjust''. (g) Reports to Congress.-- (1) Administrative proceedings.--Not later than 180 days after the date of the enactment of this Act, the Administrative Conference of the United States shall submit a report to Congress-- (A) providing an analysis of the variations in the frequency of fee awards paid by specific Federal agencies under the provisions of section 504 of title 5, United States Code; and (B) including recommendations for extending the application of such sections to other Federal agencies and administrative proceedings. (2) Judicial proceedings.--Not later than 180 days after the date of the enactment of this Act, the Department of Justice shall submit a report to Congress-- (A) providing an analysis of the variations in the frequency of fee awards paid by specific Federal districts under the provisions of section 2412 of title 28, United States Code; and (B) including recommendations for extending the application of such sections to other Federal judicial proceedings. (h) Effective Date.--The provisions of this Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act and shall apply only to an administrative complaint filed with a Federal agency or a civil action filed in a United States court on or after such date.

Prohibits payment of fees and expenses awarded in such proceedings from appropriated funds of the Treasury's claims and judgements account. Deletes provisions barring taxpayer recovery of costs, fees, or other expenses awarded under the Internal Revenue Code. Specifies that: (1) at any time after the filing of an application for fees and other expenses an agency may offer a settlement of the claims made (and, if within ten days, the applicant accepts, either party may file the offer and notice of acceptance); (2) an offer not accepted shall be deemed withdrawn (but shall not preclude a subsequent offer); and (3) if any award finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorney's fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer. Deletes requirements that a court find or a party allege that the position of the agency or of the United States was or was not substantially justified. Requires the Administrative Conference of the United States and the Department of Justice to report to the Congress on fee awards paid by Federal districts and agencies.

Equal Access to Justice Reform Amendments of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Relief Act of 2007''. SEC. 2. WORK OPPORTUNITY CREDIT MADE PERMANENT. (a) In General.--Subsection (c) of section 51 of the Internal Revenue Code of 1986 is amended by striking paragraph (4). (b) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 3. NEW MARKETS TAX CREDIT MADE PERMANENT. (a) In General.--Subparagraph (D) of section 45D(f)(1) of the Internal Revenue Code of 1986 (relating to national limitation on amount of investments designated) is amended by striking ``for 2006, 2007, and 2008'' and inserting ``for 2006 and each calendar year thereafter''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 4. QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY AND QUALIFIED RESTAURANT PROPERTY TREATED AS 15-YEAR PROPERTY. (a) In General.--Clauses (iv) and (v) of section 168(e)(3)(E) of the Internal Revenue Code of 1986 are each amended by striking ``placed in service before January 1, 2008''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2007. SEC. 5. RESEARCH CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (b) Conforming Amendment.--Section 45C(b)(1) of such Code (relating to qualified clinical testing expenses) is amended by striking subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2007. SEC. 6. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS. (a) In General.--Section 198 is amended by striking subsection (h). (b) Effective Date.--The amendment made by this section shall apply to expenditures paid or incurred after December 31, 2007. SEC. 7. INCREASE IN EXCLUSION OF GAIN FROM QUALIFIED SMALL BUSINESS STOCK. (a) In General.--Paragraph (1) of section 1202(a) of the Internal Revenue Code of 1986 is amended by striking ``50 percent'' and inserting ``62.5 percent''. (b) Empowerment Zone Businesses.--Subparagraph (A) of section 1202(a)(2) is amended-- (1) by striking ``60 percent'' and inserting ``75 percent'', and (2) by striking ``50 percent'' and inserting ``62.5 percent''. (c) Effective Date.--The amendments made by this section shall apply to sales or exchanges of qualified small business stock in taxable years beginning after the date of the enactment of this Act. SEC. 8. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A MONTH FROM APRIL TO NOVEMBER. (a) In General.--Part I of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to accounting periods) is amended by inserting after section 444 the following new section: ``SEC. 444A. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A MONTH FROM APRIL TO NOVEMBER. ``(a) General Rule.--A qualified small business may elect to have a taxable year, other than the required taxable year, which ends on the last day of any of the months of April through November (or at the end of an equivalent annual period (varying from 52 to 53 weeks)). ``(b) Years for Which Election Effective.--An election under subsection (a)-- ``(1) shall be made not later than the due date (including extensions thereof) for filing the return of tax for the first taxable year of the qualified small business, and ``(2) shall be effective for such first taxable year or period and for all succeeding taxable years of such qualified small business until such election is terminated under subsection (c). ``(c) Termination.-- ``(1) In general.--An election under subsection (a) shall be terminated on the earliest of-- ``(A) the first day of the taxable year following the taxable year for which the entity fails to meet the gross receipts test, ``(B) the date on which the entity fails to qualify as an S corporation, or ``(C) the date on which the entity terminates. ``(2) Gross receipts test.--For purposes of paragraph (1), an entity fails to meet the gross receipts test if the entity fails to meet the gross receipts test of section 448(c). ``(3) Effect of termination.--An entity with respect to which an election is terminated under this subsection shall determine its taxable year for subsequent taxable years under any other method that would be permitted under subtitle A. ``(4) Income inclusion and deduction rules for period after termination.--If the termination of an election under paragraph (1)(A) results in a short taxable year-- ``(A) items relating to net profits for the period beginning on the day after its last fiscal year-end and ending on the day before the beginning of the taxable year determined under paragraph (4) shall be includible in income ratably over the succeeding 4 taxable years, or (if fewer) the number of taxable years equal to the fiscal years for which the election under this section was in effect, and ``(B) items relating to net losses for such period shall be deductible in the first taxable year after the taxable year with respect to which the election terminated. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified small business.--The term `qualified small business' means an entity-- ``(A)(i) for which an election under section 1362(a) is in effect for the first taxable year or period of such entity and for all subsequent years, or ``(ii) which is treated as a partnership for the first taxable year or period of such entity for Federal income tax purposes, ``(B) which conducts an active trade or business or which would qualify for an election to amortize start- up expenditures under section 195, and ``(C) which is a start-up business. ``(2) Start-up business.--For purposes of paragraph (1)(C), an entity shall be treated as a start-up business so long as not more than 75 percent of the entity is owned by any person who previously conducted a similar trade or business at any time within the 1-year period ending on the date on which such entity is formed. For purposes of the preceding sentence, a person and any other person bearing a relationship to such person specified in section 267(b) or 707(b)(1) shall be treated as one person, and sections 267(b) and 707(b)(1) shall be applied as if section 267(c)(4) provided that the family of an individual consists of the individual's spouse and the individual's children under the age of 21. ``(3) Required taxable year.--The term `required taxable year' has the meaning given to such term by section 444(e). ``(e) Tiered Structures.--The Secretary shall prescribe rules similar to the rules of section 444(d)(3) to eliminate abuse of this section through the use of tiered structures.''. (b) Conforming Amendment.--Section 444(a)(1) of such Code is amended by striking ``section,'' and inserting ``section and section 444A''. (c) Clerical Amendment.--The table of sections for part I of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 444 the following new item: ``444A. Qualified small businesses election of taxable year ending in a month from April to November.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 9. INCREASE IN MAXIMUM NUMBER OF S CORPORATION SHAREHOLDERS. (a) In General.--Subparagraph (A) of section 1361(b)(1) is amended by striking ``100'' and inserting ``150''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 10. GOVERNMENT CONTRACTS WITH SMALL BUSINESSES NOT SUBJECT TO TAX WITHHOLDING. (a) In General.--Paragraph (2) of section 3402(t) is amended by striking ``and'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(J) to any specified small business.''. (b) Specified Small Business.--Subsection (t) of section 3402 is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Specified small business.--For purposes of this subsection, the term `specified small business' means a corporation or partnership which meets the gross receipts test of section 448(c) for the taxable year prior to the taxable year in which the payment is received (or, in the case of a sole proprietorship, which would meet such test if such proprietorship were a corporation).''. (c) Effective Date.--The amendments made by this section shall take effect as if included in section 511 of the Tax Increase Prevention and Reconciliation Act of 2005.

Small Business Tax Relief Act of 2007 - Amends the Internal Revenue Code to: (1) make permanent the work opportunity tax credit, the new markets tax credit, and the tax credit for increasing research activities; (2) make permanent accelerated depreciation of qualified leasehold improvement and restaurant property and expensing of environmental remediation expenditures; (3) increase the partial tax exclusion of gain from sales of certain small business stock for noncorporate business taxpayers and businesses in an empowerment zone; (4) permit certain small businesses to elect taxable years ending between April and November; (5) increase the allowable number of S corporation shareholders from 100 to 150; and (6) exempt certain small businesses from the 3% withholding requirement applicable to payments made to such businesses by government entities.

To amend the Internal Revenue Code of 1986 to provide tax relief for small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Taking Our Health Privacy (STOHP) Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) People in the United States are deeply concerned about the confidentiality of their health information. According to a recent survey conducted by the Princeton Survey Research Associates, 1 in 6 people in the United States has done something out of the ordinary to keep personal health information confidential, including withholding information, providing inaccurate information, or, in some cases, avoiding care entirely. (2) Pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 1936 et seq.) (commonly referred to as ``HIPAA''), the Clinton Administration issued comprehensive medical privacy regulations which were promulgated in final form in December 2000. (3) Such regulations established a sound foundation of privacy protections by prohibiting the use or disclosure of an individual's health information unless specifically authorized by the regulations or by the individual. The regulations also provided individuals with the right to be notified of the privacy practices of health plans, health care providers, and health care clearinghouses regarding disclosure of their health information, the right to access and copy their own health records, and the right to request corrections of their health records, among other provisions. (4) Such regulations took effect in April 2001 and require health care providers, health plans (other than small health plans) and health care clearinghouses to comply not later than April 2003. (5) In August 2002, the Bush Administration issued a final rule that significantly weakened medical privacy protections in the December 2000 medical privacy rule. (6) The Bush Administration undermined medical privacy protections by eliminating the rule's requirement that covered entities obtain patient consent before using and disclosing patient health information for treatment, payment, and health care operations. This change means that patients' medical records can be used and disclosed without their permission for a wide range of purposes including business activities that have nothing to do with the treatment of a patient, such as the sale or merger of a health maintenance organization. This change also allows the use and disclosure of information in existing medical records even though patients disclosed the information with the understanding and expectation that it would not be further used or disclosed without their consent. The elimination of consent compromises the confidentiality at the heart of physician-patient relationships, which is indispensable for the delivery of high-quality, thorough care. (7) The Bush Administration also undermined medical privacy protections by expanding the circumstances under which patients' information can be shared without their knowledge or consent to include activities that consumers typically consider marketing. This change was accomplished by narrowing the scope of activities that are regulated by the provisions of the rule governing marketing. Under this change, pharmacies and other providers can use a consumer's medical information without consent to mail the consumer unsolicited drug product recommendations, without having to disclose fees paid by drug companies for sending such communications or provide the consumer an opportunity to decline to receive such communications in the future. (8) The Bush Administration further undermined medical privacy protections by changing the language in the section of the rule governing public health to allow the disclosure of medical information without patient permission to entities regulated by the Food and Drug Administration, such as pharmaceutical companies and medical device manufacturers, for an expanded and broad range of purposes which may include marketing campaigns. In contrast, the December 2000 rule allowed nonconsensual disclosure of patient health information for an exclusive list of public health related activities, such as for the purpose of reporting serious side effects from a prescription drug to the Food and Drug Administration. (9) Reversal of the Bush Administration's changes to the December 2000 medical privacy rule is integral to any effort to ensure medical privacy protection for consumers and preserve access to high-quality health care in the United States. (10) Core medical privacy protections of the December 2000 medical privacy rule should be restored by-- (A) reinstating the patient consent requirement for treatment, payment, and health care operations, while ensuring that the requirement does not impede important health care activities such as filling pharmaceutical prescriptions and making referrals; (B) returning to the December 2000 definition of ``marketing'' and thus ensuring that activities typically considered marketing, such as drug companies paying pharmacies to send product recommendations to patients, fall under the rule's privacy protections relating to the use of patient health information for marketing activities; and (C) eliminating the broad ``public health'' exemption created by the August 2002 rule. SEC. 3. PURPOSE. The purpose of this Act is to restore patient privacy protections essential for high-quality health care that were undermined by the Bush Administration's August 2002 modifications of the December 2000 medical privacy rule. SEC. 4. RESTORATION OF PRIVACY PROTECTIONS. (a) Consent for Uses or Disclosures To Carry Out Treatment, Payment, or Health Care Operations.-- (1) In general.--The modifications made to section 164.506 of title 45, Code of Federal Regulations, by the August 2002 medical privacy rule shall have no force or effect. (2) Clarification regarding instances when consent is not required.--In addition to the circumstances described in the December 2000 medical privacy rule, and notwithstanding any provision to the contrary, such section 164.506 shall be construed and applied so as to permit a health care provider to use or disclose an individual's protected health information without obtaining the prior consent of the individual in the following circumstances: (A) A health care provider may use or disclose an individual's protected health information to fill or dispense a prescription, search for drug interactions related to that prescription, and determine eligibility and obtain authorization for payment regarding that prescription, if the health care provider obtains written consent from the individual as soon as practicable. (B) A health care provider may use or disclose an individual's protected health information to carry out treatment of that individual if-- (i) the individual and the health care provider have not had in-person communication regarding such treatment; (ii) obtaining consent would be impracticable; (iii) the health care provider determines, in the exercise of professional judgment, that the individual's consent is clearly inferred from the circumstances, such as an order or referral from another health care provider; and (iv) the health care provider obtains written consent from the individual as soon as practicable. (b) Marketing.-- (1) In general.--The modifications made by the August 2002 medical privacy rule to the definition of the term ``marketing'' in section 164.501 of title 45, Code of Federal Regulations, shall have no force or effect. (2) Treatment of certain communications.--The exception for oral communications in paragraph (2)(i) of the definition of the term ``marketing'' in section 164.501 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule, shall have no force or effect. (3) Authorizations for marketing.--Section 164.508 of title 45, Code of Federal Regulations, shall be construed and applied so as to require that, if an authorization is required for a use or disclosure for marketing, the authorization shall be considered invalid unless it-- (A) uses the term ``marketing''; (B) states that the purpose of the use or disclosure involved is marketing; (C) describes the specific marketing uses and disclosures authorized, including whether the protected health information involved-- (i) may be used for purposes internal to the covered entity; (ii) may be disclosed to, and used by, a business associate of the covered entity; and (iii) may be disclosed to, and used by, any person or entity other than a business associate of the covered entity; and (D) states that the use or disclosure of protected health information for marketing will directly result in remuneration to the covered entity from a third party, in any case in which a covered entity expects, or reasonably should expect, that such remuneration will occur. (c) Public Health.--The modifications made to section 164.512(b)(1)(iii) of title 45, Code of Federal Regulations, by the August 2002 medical privacy rule shall have no force or effect. SEC. 5. DEFINITIONS; EFFECTIVE DATE. (a) In General.--For purposes of this Act: (1) December 2000 medical privacy rule.--The term ``December 2000 medical privacy rule'' means the final rule on standards for privacy of individually identifiable health information published on December 28, 2000, in the Federal Register (65 Fed. Reg. 82462), including the provisions of title 45, Code of Federal Regulations, revised or added by such rule. (2) August 2002 medical privacy rule.--The term ``August 2002 medical privacy rule'' means the final rule, published on August 14, 2002, in the Federal Register (67 Fed. Reg. 53182), that modified the December 2000 medical privacy rule. (b) Other Terms Defined.--For purposes of this Act: (1) Business associate; covered entity; health care provider.--The terms ``business associate'', ``covered entity'', and ``health care provider'' shall have the meaning given such terms in section 160.103 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule. (2) Disclosure; individual, protected health information; treatment; use.--The terms ``disclosure'', ``individual'', ``protected health information'', ``treatment'', and ``use'' shall have the meaning given such terms in section 164.501 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule. (c) Effective Date; No Regulations Required.--This Act shall take effect on the date of the enactment of this Act and does not require the issuance of regulations.

Stop Taking Our Health Privacy (STOHP) Act of 2002 - Declares that modifications made by an August 14, 2002, final rule affecting medical privacy to a Code of Federal Regulations (CFR) section concerning consent for uses or disclosures to carry out treatment, payment, or health care operations shall have no force or effect. Directs that such CFR section shall be construed and applied to permit a health care provider to use or disclose an individual's protected health information without prior consent under specified circumstances, provided that the provider obtains written consent from the individual as soon as practicable.Declares that a CFR section dealing with uses and disclosures for which an authorization is required shall be construed and applied so that an authorization shall be invalid unless it meets specified criteria, including that it describes the specific marketing uses and disclosures authorized.States that the modifications made by the August 14 final rule dealing with permitted disclosures for public health activities shall have no force or effect.

To restore standards to protect the privacy of individually identifiable health information that were weakened by the August 2002 modifications, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Coast Act of 2012''. SEC. 2. FINDINGS. The Congress finds that-- (1) the lack of current, accurate, uniform, and standards- based geospatial information to characterize the United States coastal region presents a significant liability to adequately manage and maintain the Nation's-- (A) environment; (B) infrastructure; (C) economy; and (D) public safety and homeland security; (2) more than half of all people of the United States (153 million) currently live on or near a coast and an additional 12 million are expected in the next decade; (3) coastal counties in the United States average 300 persons per square mile, compared with the national average of 98; (4) on a typical day, more than 1,540 permits for construction of single-family homes are issued in coastal counties, combined with other commercial, retail, and institutional construction to support this population; (5) over half of the Nation's economic productivity is located within coastal regions; (6) highly accurate, high-resolution remote sensing and other geospatial data play an important role in management of the coastal zone and economy, including for flood and coastal storm surge prediction; hazard risk and vulnerability assessment; emergency response and recovery planning; community resilience to longer range climate change impacts; permitting and zoning decisionmaking; habitat and ecosystem health assessments; and landscape change detection; and (7) the Digital Coast is a model approach in effective Federal partnerships with local and State government, nongovernmental organizations, and the private sector. SEC. 3. DEFINITIONS. In this Act: (1) The term ``Digital Coast'' means a constituent-driven effort led by the Secretary to provide an enabling platform that integrates geospatial data, decision support tools, training, and best practices to address coastal and emergency management issues and needs. The Digital Coast strives to sustain and enhance coastal economies and ecosystem services by helping communities address their issues, needs, and challenges through cost-effective and participatory solutions. (2) The term ``remote sensing and other geospatial'' means collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the Earth and any information related thereto, including surveys, maps, charts, satellite and airborne remote sensing data, images, lidar, and services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services. (3) The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (4) The term ``State''-- (A) means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Chesapeake Bay, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes; and (B) includes Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Trust Territories of the Pacific Islands, American Samoa, and any portion of a State that is located within 100 kilometers of the Atlantic or Pacific Ocean, the Chesapeake Bay, the Gulf of Mexico, or the Great Lakes. (5) The term ``coastal region'' means the area of United States waters extending inland from the shoreline to include coastal watersheds and seaward to the territorial sea. (6) The term ``Federal Geographic Data Committee'' means the interagency committee that promotes the coordinated development, use, sharing, and dissemination of geospatial data on a national basis. SEC. 4. BUILDING THE DIGITAL COAST. (a) Establishment and Implementation.-- (1) In general.--The Secretary shall establish and implement the Digital Coast to collect the following priority supporting data and integrate such data with other available data for the benefit of the broadest measure of coastal resource management constituents and applications: (A) Coastal elevation data. (B) Land use and land cover data. (C) Benthic habitat and submerged aquatic vegetation data. (D) Parcels data. (E) Planimetric data. (F) Socioeconomic and human use data. (2) Focus on filling needs and gaps.--In implementing this section, the Secretary shall-- (A) recognize that remote sensing and other geospatial data acquisition for navigational and positioning purposes is carried out through other authorities and programs; and (B) focus on filling data needs and gaps for critical coastal management issues. (b) Data Integration, Tool Development, Training, Documentation, Dissemination, and Archive.--The Secretary shall-- (1) make data and resulting integrated products developed under this section readily accessible via the Digital Coast and other related Internet technologies; (2) develop decision support tools that use and display resulting integrated data and provide training on use of such tools; (3) document such data to Federal Geographic Data Committee standards; and (4) archive all raw data acquired under this Act at the appropriate National Oceanic and Atmospheric Administration data center or other appropriate Federal data center. (c) Coordination.--The Secretary shall coordinate the activities carried out pursuant to this Act to maximize data sharing and integration and minimize duplication by-- (1) coordinating activities, when appropriate, with-- (A) other Federal efforts, including efforts under the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), and the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.); (B) coastal States and United States territories; (C) local governments; and (D) representatives of nongovernmental entities; (2) participating, pursuant to section 216 of Public Law 107-347 (44 U.S.C. 3501 note), in the establishment of such standards and common protocols as are necessary to assure the interoperability of remote sensing and other geospatial data with all users of such information within-- (A) the National Oceanic and Atmospheric Administration; (B) other Federal agencies; (C) State and local government; and (D) the private sector; (3) coordinating with, seeking assistance and cooperation of, and providing liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A-16 and Executive Order No. 12906; and (4) providing for the utilization of contracts with the private sector, to the maximum extent practicable, to provide such products and services as are necessary to collect remote sensing and other geospatial data; which contracts shall be considered ``surveying and mapping'' services as such term is used and as such contracts are awarded at the discretion of the Secretary in accordance with the selection procedures in chapter 11 of title 40, United States Code. SEC. 5. COASTAL SERVICES CENTERS. (a) Establishment.--The Secretary shall establish, within the National Oceanic and Atmospheric Administration, the Coastal Services Centers to facilitate the development of products and services that address the needs of local, State, and regional entities involved with coastal and ocean decisionmaking including those State coastal management and research reserves benefitting from this Act, and to lead development and maintenance of the Digital Coast. (b) Purpose.--The purpose of the Coastal Services Centers shall be to-- (1) support the environmental, social, and economic well- being of the coast by linking people, information, and technology; (2) identify and assess coastal and ocean management needs and increase the capabilities and capacities of managers to address them at the local, State, and regional levels; (3) manage the Digital Coast program to carry out the intent of this Act; (4) convene and engage coastal managers and decisionmakers in dialog concerning coastal issues and share information and best practices across this audience; and (5) collaborate with various programs of the National Oceanic and Atmospheric Administration, other Federal agencies, and nongovernmental entities to bring data, information, services, and tools to the Nation's coastal and ocean decisionmakers. (c) Financial Agreements.--To carry out this Act, including to provide program support to non-Federal entities that participate in implementing this Act, the Secretary-- (1) may enter into financial agreements including grants, cooperative agreements, interagency agreements, and contracts with other Federal, tribal, State, and local governmental and nongovernmental entities; and (2) may collect registration fees in support of training, workshops, and conferences that advance the purposes of this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary $85,000,000 for each of fiscal years 2013 through 2018 to carry out this Act.

Digital Coast Act of 2012 - Defines "Digital Coast" as a constituent-driven effort led by the Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), to provide an enabling platform integrating geospatial data, decision support tools, training, and best practices to address coastal and emergency management issues and enhance coastal economies and ecosystem services by helping communities with cost-effective and participatory solutions. Directs NOAA to establish and implement the Digital Coast to: (1) collect data concerning coastal elevations, land use and cover, habitat and submerged aquatic vegetation, parcels, planimetrics, socioeconomics, and human use; and (2) integrate other data sources for the broadest measure of coastal resource management constituents and applications. Directs NOAA to: (1) make such data and resulting products accessible via the Digital Coast and other related Internet technologies, (2) provide training on decision support tools developed under this Act, (3) document data to Federal Geographic Data Committee standards, and (4) archive the raw data at appropriate NOAA or federal data centers. Requires coordination and data sharing with states, U.S. territories, local governments, nongovernmental entities, and other federal efforts. Requires the establishment of NOAA Coastal Services Centers to facilitate the development of products and services addressing the needs of local, state, and regional entities involved with coastal and ocean decisionmaking and to lead development and maintenance of the Digital Coast.

To authorize the Secretary of Commerce, through the National Oceanic and Atmospheric Administration, to establish a constituent-driven program that collects priority coastal geospatial data and supports an information platform capable of efficiently integrating coastal data with decision support tools, training, and best practices to inform and improve local, State, regional, and Federal capacities to manage the coastal region.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Commission Amendments Act of 1994''. SEC. 2. AMENDMENT OF 1983 ACT. That the portion of the United States Commission on Civil Rights Act of 1983 which follows the enacting clause is amended to read as follows: ``SECTION 1. SHORT TITLE. ``This Act may be cited as the `Civil Rights Commission Act of 1983'. ``SEC. 2. ESTABLISHMENT OF COMMISSION. ``(a) Generally.--There is established the United States Commission on Civil Rights (hereinafter in this Act referred to as the `Commission'). ``(b) Membership.--The Commission shall be composed of 8 members. Not more than 4 of the members shall at any one time be of the same political party. The initial membership of the Commission shall be the members of the United States Commission on Civil Rights on September 30, 1994. Thereafter vacancies in the membership of the Commission shall continue to be appointed as follows: ``(1) 4 members of the Commission shall be appointed by the President. ``(2) 2 members of the Commission shall be appointed by the President pro tempore of the Senate, upon the recommendations of the majority leader and the minority leader, and of the members appointed not more than one shall be appointed from the same political party. ``(3) 2 members of the Commission shall be appointed by the Speaker of the House of Representatives upon the recommendations of the majority leader and the minority leader, and of the members appointed not more than one shall be appointed from the same political party. ``(c) Terms.--The term of office of each member of the Commission shall be 6 years. The term of each member of the Commission in the initial membership of the Commission shall expire on the date such term would have expired as of September 30, 1994. ``(d) Chairperson.--(1) Except as provided in paragraphs (2) and (3), the individuals serving as Chairperson and Vice Chairperson of the United States Commission on Civil Rights on September 30, 1994 shall initially fill those roles on the Commission. ``(2) Thereafter the President may, with the concurrence of a majority of the Commission's members, designate a Chairperson or Vice Chairperson, as the case may be, from among the Commission's members. ``(3) The President shall, with the concurrence of a majority of the Commission's members, fill a vacancy by designating a Chairperson or Vice Chairperson, as the case may be, from among the Commission's members. ``(4) The Vice Chairperson shall act in place of the Chairperson in the absence of the Chairperson. ``(e) Removal of Members.--The President may remove a member of the Commission only for neglect of duty or malfeasance in office. ``(f) Quorum.--5 members of the Commission constitute a quorum of the Commission. ``SEC. 3. DUTIES OF THE COMMISSION. ``(a) Generally.--The Commission-- ``(1) shall investigate allegations in writing under oath or affirmation relating to deprivations-- ``(A) because of color, race, religion, sex, age, disability, or national origin; or ``(B) as a result of any pattern or practice of fraud; of the right of citizens of the United States to vote and have votes counted; and ``(2) shall-- ``(A) study and collect information relating to; ``(B) make appraisals of the laws and policies of the Federal Government with respect to; ``(C) serve as a national clearinghouse for information relating to; and ``(D) prepare public service announcements and advertising campaigns to discourage; discrimination or denials of equal protection of the laws under the Constitution of the United States because of color, race, religion, sex, age, disability, or national origin, or in the administration of justice. ``(b) Limitations on Investigatory Duties.--Nothing in this or any other Act shall be construed as authorizing the Commission, its advisory committees, or any person under its supervision or control, to inquire into or investigate any membership practices or internal operations of any fraternal organization, any college or university fraternity or sorority, any private club, or any religious organization. ``(c) Reports.-- ``(1) Annual report.--The Commission shall submit to the President and Congress at least one report annually that monitors Federal civil rights enforcement efforts in the United States. ``(2) Other reports generally.--The Commission shall submit such other reports to the President and the Congress as the Commission, the Congress, or the President shall deem appropriate. ``(d) Advisory Committees.--The Commission may constitute such advisory committees as it deems advisable. The Commission shall establish at least one such committee in each State and the District of Columbia composed of citizens of that State or District. ``(e) Hearings and Ancillary Matters.-- ``(1) Power to hold hearings.--The Commission, or on the authorization of the Commission, any subcommittee of two or more members of the Commission, at least one of whom shall be of each major political party, may, for the purpose of carrying out this Act, hold such hearings and act at such times and places as the Commission or such authorized subcommittee deems advisable. Each member of the Commission shall have the power to administer oaths and affirmations in connection with the proceedings of the Commission. The holding of a hearing by the Commission or the appointment of a subcommittee to hold a hearing pursuant to this paragraph must be approved by a majority of the Commission, or by a majority of the members present at a meeting when a quorum is present. ``(2) Power to issue subpoenas.--The Commission may issue subpoenas for the attendance of witnesses and the production of written or other matter. Such a subpoena may not require the presence of a witness more than 100 miles outside the place wherein the witness is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process. In case of contumacy or refusal to obey a subpoena, the Attorney General may in a Federal court of appropriate jurisdiction obtain an appropriate order to enforce the subpoena. ``(3) Witness fees.--A witness attending any proceeding of the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. ``(4) Depositions and interrogatories.--The Commission may use depositions and written interrogatories to obtain information and testimony about matters that are the subject of a Commission hearing or report. ``(f) Limitation Relating to Abortion.--Nothing in this or any other Act shall be construed as authorizing the Commission, its advisory committees, or any other person under its supervision or control to study and collect, make appraisals of, or serve as a clearinghouse for any information about laws and policies of the Federal Government or any other governmental authority in the United States, with respect to abortion. ``SEC. 4. ADMINISTRATIVE PROVISIONS. ``(a) Staff.-- ``(1) Director.--There shall be a full-time staff director for the Commission who shall-- ``(A) serve as the administrative head of the Commission; and ``(B) be appointed by the President with the concurrence of a majority of the Commission. ``(2) Other personnel.--Within the limitation of its appropriations, the Commission may-- ``(A) appoint such other personnel as it deems advisable, under the civil service and classification laws; and ``(B) procure services, as authorized in section 3109 of title 5, United States Code, but at rates for individuals not in excess of the daily equivalent paid for positions at the maximum rate for GS-15 of the General Schedule under section 5332 of title 5, United States Code. ``(b) Compensation of Members.-- ``(1) Generally.--Each member of the Commission who is not otherwise in the service of the Government of the United States shall receive a sum equivalent to the compensation paid at level IV of the Executive Schedule under section 5315 of title 5, United States Code, prorated on an daily basis for time spent in the work of the Commission. ``(2) Persons otherwise in government service.--Each member of the Commission who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel expenses and per diem in lieu of subsistence expenses when away from such member's usual place of residence, under subchapter I of chapter 57 of title 5, United States Code. ``(c) Voluntary or Uncompensated Personnel.--The Commission shall not accept or use the services of voluntary or uncompensated persons. This limitation shall apply with respect to services of members of the Commission as it does with respect to services by other persons. ``(d) Rules.-- ``(1) Generally.--The Commission may make such rules as are necessary to carry out the purposes of this Act. ``(2) Continuation of old rules.--Except as inconsistent with this Act, and until modified by the Commission, the rules of the Commission on Civil Rights in effect on September 30, 1994 shall be the initial rules of the Commission. ``(e) Cooperation.--All Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties. ``SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated, to carry out this Act $9,500,000 for fiscal year 1995. None of the sums authorized to be appropriated for fiscal year 1995 may be used to create additional regional offices. ``SEC. 6. TERMINATION. ``This Act shall terminate on September 30, 1995.''

Civil Rights Commission Amendments Act of 1994 - Amends the United States Commission on Civil Rights Act of 1983 to reauthorize the Commission. Renames such Act as the Civil Rights Commission Act of 1983. Provides that: (1) the initial membership of the Commission shall be the members of the Commission on September 30, 1994, and thereafter vacancies shall continue to be appointed according to a specified formula; and (2) the term of each member in the initial membership shall expire on the date such term would have expired as of September 30, 1994. Sets forth provisions regarding: (1) the Chairperson and Vice Chairperson; (2) removal of members; and (3) a quorum. Directs the Commission to: (1) investigate allegations in writing under oath or affirmation relating to deprivations because of color, race, religion, sex, age, disability, or national origin, or as a result of any pattern or practice of fraud, of the right of U.S. citizens to vote and have votes counted; and (2) study and collect information relating to, make appraisals of Federal laws and policies regarding, serve as a national clearinghouse for information relating to, and prepare public service announcements and advertising campaigns to discourage, discrimination or denials of equal protection of the laws under the Constitution because of color, race, religion, sex, age, disability, or national origin, or in the administration of justice. Specifies that nothing in this or any other Act shall be construed as authorizing the Commission, its advisory committees, or any person under its supervision or control to: (1) inquire into or investigate any membership practices or internal operations of any fraternal organization, college or university fraternity or sorority, private club, or religious organization; or (2) study and collect, make appraisals of, or serve as a clearinghouse for information about Federal laws and policies regarding abortion. Sets forth provisions regarding: (1) reports; (2) advisory committees; (3) hearings and ancillary matters; and (4) administrative provisions. Authorizes appropriations. Terminates such Act on September 30, 1995.

Civil Rights Commission Amendments Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telephone Call Privacy Act of 1999''. SEC. 2. MODIFICATION OF REQUIREMENTS RELATING TO USE AND DISCLOSURE OF CUSTOMER PROPRIETARY NETWORK INFORMATION. (a) Modification of Requirements.-- (1) In general.--Paragraph (1) of section 222(c) of the Communications Act of 1934 (47 U.S.C. 222(c)) is amended to read as follows: ``(1) Privacy requirements for telecommunications carriers.-- ``(A) In general.--Except as provided in subparagraph (B) or as required by law, a telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service may use, disclose, or permit access to customer proprietary network information that identifies a customer as follows: ``(i) In the provision of-- ``(I) the telecommunications service from which such information is derived; and ``(II) services necessary to, or used in, the provision of such telecommunications service, including the publishing of directories. ``(ii) In the case of the use of such information by the telecommunications carrier for the provision of another of its products or services to the customer, only if the telecommunications carrier-- ``(I) provides the customer a clear and conspicuous notice meeting the requirements set forth in subparagraph (C); ``(II) permits the customer to review such information for accuracy, and to correct and supplement such information; and ``(III) does not receive from the customer within 15 days after the date of the notice under subclause (I) notice disapproving the use of such information for the provision of such product or service to the customer as specified in the notice under such subclause. ``(iii) In the case of the use, disclosure, or access of or to such information by another party, only if the telecommunications carrier that originally receives or obtains such information-- ``(I) meets the requirements set forth in subclauses (I) and (II) of clause (ii) with respect to such information; and ``(II) receives from the customer written notice approving the use, disclosure, or access of or to such information for the provision of the product or service to the customer as specified in the notice under subclause (I) of this clause. ``(B) Customer disapproval.--Notwithstanding the previous approval of the use, disclosure, or access of or to information for a purpose under clause (ii) or (iii) of subparagraph (A), upon receipt from a customer of written notice of the customer's disapproval of the use, disclosure, or access of or to information for such purpose, a telecommunications carrier shall terminate the use, disclosure, or access of or to such information for such purpose. ``(C) Notice elements.--Each notice under clause (ii) or (iii) of subparagraph (A) shall include the following: ``(i) The types information that may be used, disclosed, or accessed. ``(ii) The specific types of businesses or individuals that may use or access the information or to which the information may be disclosed. ``(iii) The specific product or service for which the information may be used, disclosed, or accessed.''. (2) Conforming amendments.--Paragraph (3) of such section is amended by striking ``paragraph (1)'' both places it appears and inserting ``paragraph (1)(A)(i)''. (b) Judicial and Law Enforcement Purposes.--Such section is further amended by adding at the end the following: ``(4) Judicial and law enforcement purposes.-- ``(A) In general.--A person that receives or obtains consumer proprietary network information may disclose such information-- ``(i) pursuant to the standards and procedures established in the Federal Rules of Civil Procedure or comparable rules of other courts or administrative agencies, in connection with litigation or proceedings to which an individual who is the subject of the information is a party and in which the individual has placed the use, disclosure, or access to such information at issue; ``(ii) to a court, and to others ordered by the court, if in response to a court order issued in accordance with subparagraph (B); or ``(iii) to an investigative or law enforcement officer pursuant to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, or a grand jury subpoena, or a court order issued in accordance with subparagraph (B). ``(B) Requirements for court orders.-- ``(i) In general.--Except as provided in clause (ii), a court order for the disclosure of customer proprietary network information under subparagraph (A) may be issued by a court of competent jurisdiction only upon written application, upon oath or equivalent affirmation, by an investigative or law enforcement officer demonstrating that there is probable cause to believe that-- ``(I) the information sought is relevant and material to an ongoing criminal investigation; and ``(II) the law enforcement need for the information outweighs the privacy interest of the individual to whom the information pertains. ``(ii) Certain orders.--A court order may not be issued under this paragraph upon application of an officer of a State or local government if prohibited by the law of the State concerned.''. (c) Effective Date.--The amendments made by this section shall take effect 180 days after the date of the enactment of this Act.

Outlines provisions authorizing a person that receives or obtains customer proprietary information to disclose such information to criminal law enforcement and judicial personnel for criminal law enforcement and related judicial proceedings. Provides requirements for court orders for investigative or law enforcement officers to obtain such information, including that: (1) the information sought is relevant and material to an ongoing criminal investigation; and (2) the law enforcement need for such information outweighs the privacy interest of the individual involved.

Telephone Call Privacy Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Summer Relief for Motorists Act of 2006''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the States, with an average gas tax of 20.8 cents per gallon, also possess the ability to provide significant immediate relief to motorists by temporarily suspending their own motor fuel excise taxes. While Congress believes such action is appropriate, Congress also believes that the States should find offsets for such temporary motor fuel excise tax suspensions in order to maintain their commitment to transportation infrastructure investment. SEC. 3. SUSPENSION OF HIGHWAY FUEL TAXES. (a) Suspension of Highway Fuel Taxes on Gasoline, Diesel Fuel, and Kerosene.-- (1) In general.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Suspension of Taxes on Gasoline, Diesel Fuel, and Kerosene.-- ``(1) In general.--During the suspension period, each rate of tax referred to in paragraph (2) shall be reduced to zero cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) clauses (i) and (iii) of subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), determined after application of subsection (a)(2)(B) and without regard to subsection (a)(2)(C), and ``(B) paragraph (1) of section 4041(a) (relating to diesel fuel and kerosene) with respect to fuel sold for use or used in a diesel-powered highway vehicle. ``(3) Suspension period.--For purposes of this subsection, the term `suspension period' means the period beginning on May 29, 2006 (or, if later, the date of the enactment of this subsection) and ending on September 4, 2006. ``(4) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Highway Trust Fund under section 9503 and to the Leaking Underground Storage Tank Trust Fund under section 9508, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section or section 4041.''. (2) Effective date.--The amendment made by this subsection shall take effect on the date of the enactment of this Act. (b) Floor Stock Refunds.-- (1) In general.--If-- (A) before the tax suspension date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any highway motor fuel, and (B) on such date such fuel is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the tax which would be imposed on such fuel had the taxable event occurred on such date. (2) Time for filing claims.--No credit or refund shall be allowed or made under this subsection unless-- (A) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax suspension date based on a request submitted to the taxpayer before the date which is 3 months after the tax suspension date by the dealer who held the highway motor fuel on such date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (3) Exception for fuel held in retail stocks.--No credit or refund shall be allowed under this subsection with respect to any highway motor fuel in retail stocks held at the place where intended to be sold at retail. (4) Definitions.--For purposes of this subsection-- (A) Tax suspension date.--The term ``tax suspension date'' means the first day of the suspension period in effect under section 4081(f) of the Internal Revenue Code of 1986 (as added by subsection (a) of this section). (B) Highway motor fuel.--The term ``highway motor fuel'' has the meaning given such term for purposes of subsection (c). (C) Other terms.--The terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (5) Certain rules to apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection. (c) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any highway motor fuel which is held on the tax restoration date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such fuel had the taxable event occurred on such date over the tax (if any) previously paid (and not credited or refunded) on such fuel. (2) Liability for tax and method of payment.-- (A) Liability for tax.--The person holding highway motor fuel on the tax restoration date to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the 45th day after the tax restoration date. (3) Definitions.--For purposes of this subsection-- (A) Tax restoration date.--The term ``tax restoration date'' means the first day after the suspension period (as defined in section 4081(f) of the Internal Revenue Code of 1986). (B) Highway motor fuel.--The term ``highway motor fuel'' means any liquid on which tax would have been imposed under section 4081 of the Internal Revenue Code of 1986 during the suspension period in effect under section 4081(f) of such Code but for the amendments made by subsection (a). (C) Held by a person.--A highway motor 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). (D) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to any highway motor fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable for such use. (5) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on any highway motor fuel held on the tax restoration date by any person if the aggregate amount of such highway motor 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 highway motor fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4). (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. (6) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code 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. SEC. 4. SUSPENSION OF ROYALTY RELIEF. (a) New Leases.-- (1) Requirement.--The Secretary of the Interior (referred to in this title as the ``Secretary'') shall suspend the application of any provision of Federal law under which a person would otherwise be provided relief from a requirement to pay a royalty for the production of oil or natural gas from Federal land (including submerged land) occurring on or after the date of enactment of this Act during a period in which-- (A) for the production of oil, the average price of crude oil in the United States during the 4-week period immediately preceding the suspension is greater than $35.86 per barrel; and (B) for the production of natural gas, the average wellhead price of natural gas in the United States during the 4-week period immediately preceding the suspension is greater than $4.48 per 1,000 cubic feet. (2) Determination of average prices.--For purposes of paragraph (1), the Secretary shall determine average prices, taking into consideration the most recent data reported by the Energy Information Administration. (b) Renegotiation of Existing Leases.-- (1) Requirement.--The Secretary shall, to the maximum extent practicable, renegotiate each lease authorizing production of oil or natural gas on Federal land (including submerged land) issued by the Secretary before the date of the enactment of this Act as the Secretary determines to be necessary to modify the terms of the lease to ensure that a suspension of a requirement to pay royalties under the lease does not apply to production described in subsection (a)(1). (2) Failure to renegotiate and modify.-- (A) In general.--Beginning on the date that is 1 year after the date of enactment of this Act, a lessee that does not renegotiate a lease described in paragraph (1) in accordance with that paragraph shall not be eligible to enter into a new lease authorizing production of oil or natural gas on Federal land (including submerged land). (B) Transfers.--A lessee shall not be eligible to obtain by sale or other transfer any lease described in paragraph (1) issued before the date of enactment of this Act, unless the lessee-- (i) renegotiates the lease; and (ii) enters into an agreement with the Secretary to modify the terms of the lease in accordance with paragraph (1).

Summer Relief for Motorists Act of 2006 - Expresses the sense of Congress that states can assist motorists by temporarily suspending state gasoline taxes without jeopardizing their commitment to transportation infrastructure investment. Amends the Internal Revenue Code to suspend excise taxes on gasoline, diesel fuel, and kerosene from the enactment of this Act until September 4, 2006 (suspension period). Provides for reimbursement to the Highway Trust Fund and the Leaking Underground Storage Tank Trust Fund for tax revenues lost during the suspension period. Requires the Secretary of the Interior to suspend the application of any federal law exempting crude oil and natural gas producers from the payment of royalties for production activities on federal lands during periods when the average price of crude oil exceeds $35.86 per barrel and the average wellhead price of natural gas exceeds $4.48 per 1,000 cubic feet.

To amend the Internal Revenue Code of 1986 to suspend the highway fuels taxes, to provide for suspension of royalty relief, and for other purposes.

.--(1) For purposes of subsection (a)(2) and this subsection, the term `joint resolution' means only a joint resolution introduced by a qualifying Member specified in paragraph (2) after the date on which the report of the President under subsection (a)(1) is received by the Congress-- ``(A) the matter after the resolving clause of which is as follows: `That the Congress hereby concurs in the certification of the President relating to deployment of a National Missile Defense system as submitted to Congress pursuant to section 4(b) of the National Missile Defense Act of 1999.'; ``(B) which does not have a preamble; and ``(C) the title of which is as follows: `Joint resolution relating to deployment of a National Missile Defense system.'. ``(2) For purposes of this subsection, a qualifying Member described in this paragraph is-- ``(A) in the case of the House of Representatives, the majority leader or minority leader of the House of Representatives or a Member of the House of Representatives designated by the majority leader or minority leader; and ``(B) in the case of the Senate, the majority leader or minority leader of the Senate or a Member of the Senate designated by the majority leader or minority leader. ``(3) The provisions of paragraphs (3) through (8) of section 4(c) of the National Missile Defense Deployment Criteria Act of 2001 shall apply to a joint resolution under this subsection in the same manner as to a joint resolution under such section.''. SEC. 4. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT FOR NATIONAL MISSILE DEFENSE SYSTEM. (a) Limitation.--No funds appropriated to the Department of Defense for procurement may be obligated for the National Missile Defense system unless-- (1) the President submits to Congress a report concerning testing of the National Missile Defense system against countermeasures that includes a certification described in subsection (b); and (2) a joint resolution concurring in the President's certification in such report is enacted as provided for in this section. (b) Presidential Certification.--A certification described in this subsection is a certification by the President that-- (1) an adequate testing program for the National Missile Defense system is in place to meet the threats identified in the report required under section 3(c); (2) adequate ground and flight testing of the system has been conducted against the countermeasures that are likely to be used against the system and that other countries have or likely could acquire. (c) Expedited Procedures for Joint Resolution.--(1) For purposes of subsection (a)(2) and this subsection, the term ``joint resolution'' means only a joint resolution introduced by a qualifying Member specified in paragraph (2) after the date on which the report of the President under subsection (a)(1) is received by the Congress-- (A) the matter after the resolving clause of which is as follows: ``That the Congress hereby concurs in the determination of the President relating to the establishment of a program for operationally realistic testing against countermeasures for a National Missile Defense system as submitted to Congress pursuant to section 4 of the National Missile Defense Deployment Criteria Act of 2001.''; (B) which does not have a preamble; and (C) the title of which is as follows: ``Joint resolution relating to establishment of a program for operationally realistic testing against countermeasures for a National Missile Defense system.''. (2) For purposes of this subsection, a qualifying Member described in this paragraph is-- (A) in the case of the House of Representatives, the majority leader or minority leader of the House of Representatives or a Member of the House of Representatives designated by the majority leader or minority leader; and (B) in the case of the Senate, the majority leader or minority leader of the Senate or a Member of the Senate designated by the majority leader or minority leader. (3) If a committee to which is referred a joint resolution described in paragraph (1) has not reported such joint resolution by the end of 60 legislative days of continuous session of Congress beginning on the date of its introduction, such committee shall be discharged from further consideration of such joint resolution and such joint resolution shall be placed on the appropriate calendar of the House involved. (4)(A) A joint resolution described in paragraph (1) shall be considered in the House of Representatives in accordance with this paragraph. When the committee to which such a joint resolution was referred has reported, or has been discharged from further consideration of, the joint resolution, it shall be in order, on or after the third calendar day thereafter (excluding Saturdays, Sundays, or legal holidays, except when the House of Representatives is in session on such a day) for any Member of the House to move to proceed to the consideration of the joint resolution, but only on the day after the calendar day on which the Member announces to the House the Member's intention to do so. Such motion is privileged and is not debatable. The motion is not subject to amendment or to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the House shall immediately proceed to consideration of the joint resolution, which shall remain the unfinished business of the House until disposed of. (B) Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than two hours, which shall be divided equally between those favoring and those opposing the joint resolution. An amendment to the joint resolution is not in order. A motion further to limit debate is in order and is not debatable. A motion to table, a motion to postpone, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. (C) Appeals from the decisions of the Chair with respect to the procedure relating to a joint resolution described in paragraph (1) shall be decided without debate. (5) A joint resolution described in paragraph (1) shall be considered in the Senate in accordance with the provisions of section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976. (6) If, before the passage by one House of a joint resolution of that House described in paragraph (1), that House receives from the other House a joint resolution described in paragraph (1), then the following procedures shall apply: (A) The joint resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a joint resolution described in paragraph (1) of the House receiving the joint resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (ii) the vote on final passage shall be on the joint resolution of the other House. (C) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. (7) In the computation of the period of 60 days referred to in paragraph (3)-- (A) a legislative day, with respect to a committee of either House to which a joint resolution was referred, is a calendar day on which that House is in session; and (B) continuity of session of Congress is broken only by an adjournment sine die at the end of the second session of a Congress. (8) The provisions of this subsection are enacted by the Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and, as such, shall be considered as part of the rules of either House and shall supersede other rules only to the extent they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change the rules so far as they relate to the procedures 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. 5. OPERATIONALLY REALISTIC TESTING AGAINST COUNTERMEASURES FOR NATIONAL MISSILE DEFENSE. (a) Testing Requirements.--The Secretary of Defense shall direct the Ballistic Missile Defense Organization-- (1) to include in the ground and flight testing of the National Missile Defense system that is conducted before the system becomes operational any countermeasures (including decoys) that-- (A) are likely, or at least realistically possible, to be used against the system; and (B) are chosen for testing on the basis of what countermeasure capabilities a long-range missile could have and is likely to have, taking into consideration the technology that the country deploying the missile would have or could likely acquire; and (2) to determine the extent to which the exoatmospheric kill vehicle and the National Missile Defense system can reliably discriminate between warheads and such countermeasures. (b) Funding Requirements.--The Secretary, in consultation with the Director of the Ballistic Missile Defense Organization, shall-- (1) determine the amount of additional funding, if any, for the National Missile Defense system (in addition to that previously programmed) that may be necessary for the Secretary to fulfill the requirements set forth in subsection (a) in fiscal years after fiscal year 2002; and (2) submit that determination to the congressional defense committees at the same time that the President submits the budget for fiscal year 2003 to Congress under section 1105(a) of title 31, United States Code. (c) Report by Secretary of Defense.--(1) The Secretary of Defense shall submit to Congress, not later than April 15 each year, an annual report on the Department's efforts to establish a program for operationally realistic testing of the National Missile Defense system against countermeasures. The report shall be submitted in both classified and unclassified form. (2) Each such report shall include the Secretary's assessment of the following: (A) The countermeasures available to foreign countries with ballistic missiles that the National Missile Defense system could encounter in a launch of such missiles against the United States. (B) The ability of the National Missile Defense system to defeat such countermeasures, including the ability of the system to discriminate between countermeasures and reentry vehicles. (C) The plans to demonstrate the capability of the National Missile Defense system to defeat such countermeasures and the adequacy of the ground and flight testing to demonstrate that capability. (3) No annual report is required under this subsection after the National Missile Defense system becomes operational. (d) Independent Review Panel.--(1) The Secretary of Defense shall seek to arrange for the National Academy of Science to establish an independent panel to be composed of scientific and technical experts. (2) The Panel shall assess the following: (A) The countermeasures available for use against the United States National Missile Defense system. (B) The operational effectiveness of that system against those countermeasures. (C) The adequacy of the National Missile Defense flight testing program to demonstrate the capability of the system to defeat the countermeasures. (3) After conducting the assessment required under paragraph (2), the Panel shall evaluate-- (A) whether sufficient ground and flight testing of the system will have been conducted before the system becomes operational to support the making of a determination, with a justifiably high level of confidence, regarding the operational effectiveness of the system; (B) whether adequate ground and flight testing of the system will have been conducted, before the system becomes operational, against the countermeasures that are likely, or at least realistically possible, to be used against the system and that other countries have or likely could acquire; and (C) whether the exoatmospheric kill vehicle and the rest of the National Missile Defense system can reliably discriminate between warheads and such countermeasures. (4) Not later than April 15 each year, the Panel shall submit to the Secretary of Defense and to Congress a report on its assessments and evaluations. The report shall include any recommendations for improving the flight testing program for the National Missile Defense system or the operational capability of the system to defeat countermeasures that the Panel determines appropriate. (e) Countermeasure Defined.--In this section, the term ``countermeasure''-- (1) means any deliberate action taken by a country with long-range ballistic missiles to defeat or otherwise counter a United States National Missile Defense system; and (2) includes, among other actions-- (A) use of a submunition released by a ballistic missile soon after the boost phase of the missile; (B) use of anti-simulation, together with such decoys as Mylar balloons, to disguise the signature of the warhead; and (C) use of a shroud cooled with liquid nitrogen to reduce the infrared signature of the warhead.

National Missile Defense Deployment Criteria Act of 2001 - Amends the National Missile Defense Act of 1999 to allow deployment of a national missile defense system (system) only if: (1) the system is technologically feasible; (2) system cost in relation to other Department of Defense (DOD) priorities will not lead to an overall reduction in national security by reducing resources available for other defense priorities; (3) the system will not diminish overall U.S. national security; (4) the system will not threaten to disrupt relations with U.S. nuclear allies, U.S. European allies, Russia, the People's Republic of China, and other nations; and (5) the threat of a long-range ballistic missile attack from a nation of concern is clearly demonstrated.Prohibits the President from directing DOD to deploy a system unless and until: (1) the President certifies to Congress that the above deployment conditions have been met; and (2) a joint resolution is enacted concurring in the President's certification.Prohibits DOD procurement funds from being obligated for a system unless: (1) the President certifies to Congress that adequate system tests have been undertaken to meet identified threats against countermeasures; and (2) a joint resolution is enacted concurring in the President's certification.Requires the Secretary of Defense to direct the Ballistic Missile Defense Organization to: (1) include specified system countermeasures in system ground and flight testing conducted before the system becomes operational; and (2) determine the extent to which the exoatmospheric kill vehicle and the system can reliably discriminate between warheads and such countermeasures.

To provide deployment criteria for the National Missile Defense system, and to provide for operationally realistic testing of the National Defense system against countermeasures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Funds Transfer Equal Consumer Protection Act''. SEC. 2. EQUAL CONSUMER PROTECTION. (a) Definition of Error.--Section 908(f) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(f)) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7); and (2) by inserting after paragraph (4) the following new paragraphs: ``(5) an electronic fund transfer affecting the customer's account in connection with a transaction for goods or services not accepted by the customer or a designee of the customer or not delivered to the customer or any such designee, or that is not in accordance with the agreement made at the time of a transaction;''. (b) Covered Transactions.--Section 903(6) of the Electronic Fund Transfer Act (15 U.S.C. 1693a(6)) is amended by inserting after the 2nd sentence the following new sentence: ``Such term also includes any transaction initiated through an electronic terminal, telephonic instrument, or computer, including transactions initiated through the use of a check card or a card commonly referred to as a debit card, without regard to the manner in which the third party conveys the order, instruction, or authorization to the financial institution to credit or debit the consumer's account at the financial institution.''. (c) Prompt Provisional Recredit Required.--Section 908(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(c)) is amended by striking the first sentence and inserting the following new sentence: ``Prompt Provisional Recredit Required.--If a financial institution receives notice of an error in the manner and within the time period specified in subsection (a), the financial institution shall, within 1 business day after receiving such notice, provisionally recredit the consumer's account for the amount alleged to be in error, subject to section 909, including interest where applicable, pending the conclusion of the investigation by the financial institution under subsection (a) and the determination of whether an error has occurred.''. (d) Prompt Error Resolution Required.--Section 908(a) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(a) is amended to read as follows: ``(a) Investigation of Reported Error Required.-- ``(1) In general.--If, before the end of the 60-day period beginning on the date a financial institution transmits consumer documentation pursuant to subsection (a), (c), or (d) of section 906 or a notice relating to a consumer account pursuant to section 906(b) to a consumer, the financial institution receives oral or written notice in which the consumer-- ``(A) provides sufficient information to allow the financial institution to identify the name and account number of the consumer; ``(B) indicates the consumer's belief that the documentation transmitted, or the consumer's account to which the notice related, contains an error and the amount of such error; and ``(C) indicates the reasons for the consumer's belief (where applicable) that an error has occurred, the financial institution shall investigate the alleged error, determine whether an error has occurred, and report or mail the results of such investigation and determination to the consumer within 1 business day. ``(2) Written confirmation of oral notice.-- ``(A) In general.--In any case in which a consumer provides oral notice of an error to a financial institution in accordance with paragraph (1), the financial institution may require written confirmation to be provided to the institution by the consumer if the financial institution-- ``(i) advises the consumer of such requirement at the time the oral notice is made and the manner in which the confirmation shall be provided; and ``(ii) provides the consumer with the address to which such confirmation should be sent. ``(B) Timely receipt of consumer statement.--If a requirement by a financial institution for a written confirmation pursuant to subparagraph (A) of an oral notice by a consumer may be satisfied by a written statement prepared and submitted by the consumer, such confirmation shall be timely if the financial institution receives such confirmation before the end of the 15-day period beginning on the date the financial institution provided the notice to the consumer under subparagraph (A). ``(C) Timely return of financial institution's confirmation form.--If a requirement by a financial institution for a written confirmation pursuant to subparagraph (A) of an oral notice by a consumer may be only be confirmed by the consumer's signature on a written confirmation form sent by the financial institution to the consumer for such purpose-- ``(i) such confirmation shall be timely if the financial institution receives such confirmation form from the consumer with the consumer's signature before the end of the 30- day period beginning on the date the financial institution provided the notice to the consumer under subparagraph (A); and ``(ii) such confirmation shall be deemed to have been timely received if the consumer fails to receive the written confirmation form to sign from the financial institution before the end of the 20-day period beginning on such date. ``(3) Failure to timely confirm.--If a financial institution which requires written confirmation of a consumer's oral notice of an error in accordance with paragraph (2)(A) does not receive such confirmation in accordance with subparagraph (B) or (C)(i) of paragraph (2) before the end of the applicable period described in the appropriate subparagraph, the financial institution-- ``(A) need not provisionally recredit the consumer's account in accordance with subsection (c) ; and ``(B) shall not be liable under subsection (e). ``(4) Burden of proof.--In any investigation or resolution of an alleged error under this section, the burden of proof is on the financial institution to show that an error did not occur.''. (e) Technical and Conforming Amendments.-- (1) Section 908(b) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(b)) is amended by inserting ``subsection (c) and'' after ``, subject to''. (2) The first sentence of section 908(d) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(d)) is amended by striking ``or (c)''. (3) Section 908(e)(1) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(e)(1)) is amended by striking ``ten-day period'' and inserting ``1-day period''.

Electronic Funds Transfer Equal Consumer Protection Act - Amends the the Electronic Fund Transfer Act to treat as an error any electronic fund transfer affecting the customer's account regarding a transaction for goods or services not accepted by or not delivered to the customer, or not in accordance with the agreement made at the time of the transaction. Redefines electronic fund transfer to cover any transaction initiated through an electronic terminal, telephonic instrument, or computer, including transactions initiated through the use of a check card or a debit card. Revises requirements for a financial institution's discretionary provisional recredit of a consumer's account after receiving notice of an error. Makes such a provisional recredit mandatory, within one business day after receipt of such a notice. Revises requirements for prompt resolution of errors to authorize a financial institution to require a consumer to submit written confirmation of an oral error notice before it recredits provisionally the consumer's account.

To amend the Electronic Fund Transfer Act to provide similar protections under that Act for consumers as apply under the Truth in Lending Act, and for other purposes.

SECTION 1. AUTOMATIC ELIGIBILITY OF HEAD START PARTICIPANTS. Section 9(b)(6) of the National School Lunch Act (42 U.S.C. 1758(b)(6)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``a member of''; (B) in clause (i)-- (i) by inserting ``a member of'' after ``(i)''; and (ii) by striking ``or'' at the end of the clause; (C) in clause (ii)-- (i) by inserting ``a member of'' after ``(ii)''; and (ii) by striking the period at the end of the clause and inserting ``; or''; and (D) by adding at the end the following new clause: ``(iii) enrolled as a participant in a Head Start program authorized under the Head Start Act (42 U.S.C. 9831 et seq.).''; and (2) in subparagraph (B), by striking ``food stamps or aid to families with dependent children'' and inserting ``food stamps, aid to families with dependent children, or enrollment or participation in a Head Start program''. SEC. 2. CHILD AND ADULT CARE FOOD PROGRAM. (a) Definition of Institution.--The second sentence of section 17(a) of the National School Lunch Act (42 U.S.C. 1766(a)) is amended by striking ``for which it receives'' and all that follows through ``whichever is less)'' and inserting ``if at least 25 percent of the children served by the organization meet the income eligibility criteria established under section 9(b) for free or reduced price meals''. (b) Additional Reimbursement for Family or Group Day Care Home Sponsoring Organizations.--Section 17(f)(2)(B) of such Act (42 U.S.C. 1766(f)(2)(B)) is amended by striking ``in the case of an institution (but not in the case of a family or group day care home sponsoring organization),''. (c) Enhanced Administrative Reimbursement Rate for Family or Group Day Care Home Sponsoring Organizations Serving Rural or Low-Income Area Providers.--Section 17(f)(3)(B) of such Act (42 U.S.C. 1766(f)(3)(B)) is amended by inserting after the second sentence the following new sentences: ``The Secretary shall set enhanced reimbursement levels for the administrative expenses of sponsors serving providers in rural areas or areas in which poor economic conditions exist. Such levels shall be $10 higher than the standard reimbursement for administrative expenses described in the first sentence of this subparagraph. Such enhanced reimbursement levels shall be adjusted July 1 of each year to reflect changes in the Consumer Price Index for all items for the most recent 12-month period for which such data are available.''. (d) Expansion Funds.--Section 17(f)(3)(C) of such Act (42 U.S.C. 1766(f)(3)(C)) is amended-- (1) in the last sentence, by striking ``two months'' and inserting ``6 months''; and (2) by adding at the end the following new sentences: ``Expansion funds may be used to conduct outreach to unlicensed day care homes to enable the day care homes to become licensed and to participate in the program established under this section. A sponsoring organization may receive expansion funds for no more than 50 day care homes.''. (e) Extension.--Section 17(p)(5) of such Act (42 U.S.C. 1766(p)(5)) is amended by striking ``1994'' and inserting ``1998''. (f) Medicaid and WIC Information.--Section 17 of such Act (42 U.S.C. 1766) is amended by adding at the end the following new subsection: ``(q)(1)(A) The Secretary shall provide materials concerning the medical assistance program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (referred to in this subsection as the `medicaid program') to State agencies for use in carrying out the program established under this section. ``(B) The materials shall inform State agencies about the availability and importance of-- ``(i) the medicaid program to children from low-income families, including a basic explanation of program benefits and national income standards; and ``(ii) the medicaid program components established for low- income elderly and disabled persons under subparagraphs (A)(ii)(X) and (E) of section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)), including a basic explanation of program benefits and national income standards. ``(C) The Secretary-- ``(i) may request that the Secretary of Health and Human Services assist in the preparation of the materials; and ``(ii) shall submit the materials to the Secretary of Health and Human Services for comment prior to submitting the materials to State agencies. ``(2) The Secretary shall also provide State agencies with basic information concerning the importance and benefits of the special nutrition program for women, infants, and children authorized under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). ``(3) The State agency shall-- ``(A) provide each child care institution participating in the program established under this section, other than institutions providing day care outside school hours for schoolchildren, with materials that include-- ``(i) a basic explanation of the benefits and importance of-- ``(I) health care coverage provided to young low-income children under the medicaid program; and ``(II) the special nutrition program for women, infants, and children; ``(ii) the maximum income limits, according to family size, applicable to children up to age 5 in the State under the medicaid program and under the special nutrition program for women, infants, and children; and ``(iii) a listing of the addresses and phone numbers of offices at which parents may apply; ``(B) provide each adult day care center participating in the program established under this section with materials that include-- ``(i) a basic explanation of benefits provided under subparagraphs (A)(ii)(X) and (E) of section 1902(a)(10) of the Social Security Act; ``(ii) information on the income limits for the benefits by household size; and ``(iii) a listing of addresses and phone numbers of offices at which low-income elderly and disabled persons may apply for the benefits; ``(C) annually provide the institutions with an update of the information on income limits described in subparagraphs (A)(ii) and (B)(ii); ``(D) ensure that, at least once a year, the institutions to which subparagraph (A) applies provide written information to parents that includes-- ``(i) basic information on the benefits provided under the medicaid program and the special nutrition program for women, infants, and children; ``(ii) information on the maximum income limits, according to family size, applicable to each program; and ``(iii) information on where parents may apply to participate in each program; and ``(E) ensure that, at least once a year, adult day care centers provide written information to program participants that provides-- ``(i) basic information on the benefits provided under subparagraphs (A)(ii)(X) and (E) of section 1902(a)(10) of the Social Security Act; ``(ii) information on the income limits, by household size, applicable to the benefits; and ``(iii) information on where low-income and disabled persons may apply for the benefits.''. SEC. 3. EXPANDED ELIGIBILITY FOR MEAL SUPPLEMENTS FOR AFTERSCHOOL CARE PROGRAM. (a) In General.--Section 17A of the National School Lunch Act (42 U.S.C. 1766a) is amended-- (1) in subsection (a)(1), by inserting ``and youths'' after ``children''; and (2) in subsection (b), by striking ``served to children'' and all that follows and inserting ``served to children and youths who have not attained the age of 18, including children of migrant workers or children with handicaps.''. (b) Conforming Amendment.--The section heading of section 17A of such Act (42 U.S.C. 1766a) is amended by inserting ``and youths'' after ``children''. SEC. 4. DEMONSTRATION PROJECTS TO IMPROVE FOOD SERVICE FOR HOMELESS CHILDREN. Section 18(c) of the National School Lunch Act (42 U.S.C. 1769(c)) is amended-- (1) in paragraph (6)-- (A) by inserting ``(A)'' after ``(6)''; and (B) by adding at the end the following new subparagraph: ``(B) The Secretary shall submit a report to the appropriate committees of Congress that includes-- ``(i) an explanation of the actions the Secretary has taken to carry out paragraph (7); ``(ii) an estimate, if practicable, of the number of children living in homeless shelters who are not served by the program established under this subsection; and ``(iii) a detailed plan for expanding the program so that more eligible children may participate in the program.''; and (2) by adding at the end the following new paragraph: ``(8)(A) Out of the funds provided to carry out this subsection, the Secretary shall use funds, for each of fiscal years 1995 through 1998, to carry out programs operated by shelters, halfway houses, and hospitals described in subparagraph (B) that the Secretary has approved for participation, for the purpose of providing nutrition counseling, nutrition assessments, and referrals to individuals participating in-- ``(i) the program established under this subsection; ``(ii) the special nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); ``(iii) the medical assistance program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (also known as the `medicaid program'); and ``(iv) similar programs for homeless pregnant women, pregnant women at risk of becoming homeless, homeless mothers with newborn infants, or the guardians of boarder babies or other abandoned infants. ``(B) Programs administered by halfway houses, homeless shelters, hospitals, or transitional housing organizations under subparagraph (A), if approved by the Secretary, may receive funding under this paragraph for purposes specified in regulations of the Secretary. ``(C) The Secretary shall impose such auditing and recordkeeping requirements as are necessary to monitor the use of Federal funds to carry out this paragraph. ``(D) The Secretary shall periodically report to the appropriate committees of Congress on the referral and nutrition counseling and assessment programs carried out under this paragraph.''. SEC. 5. NUTRITION EDUCATION AND TRAINING ASSISTANCE FOR FAMILY DAY CARE HOME SPONSORS AND DAY CARE CENTER STAFF. Section 19(f) of the Child Nutrition Act of 1966 (42 U.S.C. 1788(f)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following new paragraph: ``(3)(A) Subject to subparagraph (B), any State that receives a grant authorized by this section in an amount that exceeds the amount under a grant received by such State for the preceding fiscal year under this section shall use 20 percent of the excess amount to provide nutrition education and training in accordance with this section to institutions (including family or group day care home sponsoring organizations) under section 17 of the National School Lunch Act (42 U.S.C. 1766) for the purpose of improving the delivery of services under the child and adult care food program under such section. ``(B) The requirements contained in subparagraph (A) shall apply to States only with respect to fiscal years for which more than $10,000,000 is appropriated pursuant to subsection (i) to carry out this section.''. SEC. 6. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act take effect on the date of enactment of this Act. (b) Special Effective Dates.--The amendments made by-- (1) sections 1, 2(a), and 2(d), take effect on July 1, 1995; and (2) section 2(e) take effect on October 1, 1995.

Amends the National School Lunch Act (NSLA) to make Head Start participants automatically eligible for free meals under the NSLA school lunch program and the school breakfast program of the Child Nutrition Act of 1966 (CNA). Revises the child and adult care food program under NSLA. Broadens the definition of eligible institution. Provides for additional reimbursement for family or group day care home sponsoring organizations and an enhanced administrative reimbursement rate for such organizations serving rural or low-income area providers. Increases the allowable amount of startup and expansion funds. Allows expansion funds to be used for outreach to unlicensed day care homes. Extends the authorization of appropriations for such program. Adds provisions relating to information about Medicaid and the special nutrition program for women, infants, and children (WIC). Expands eligibility for meal supplements for the afterschool care program to youths up to age 18. Requires the Secretary of Agriculture to report on demonstration projects to improve food service for homeless children. Directs the Secretary to use certain funds for nutrition counseling, assessments, and referrals for participants in such homeless demonstration program, WIC, Medicaid, and similar programs for homeless pregnant women or those at risk of becoming so, homeless mothers with newborn infants, or the guardians of boarder babies or other abandoned infants. Requires periodic reports. Amends the Child Nutrition Act of 1966 (CNA) to require States to use a portion of certain increased grant funds for nutrition education and training assistance for family day care home sponsors and day care center staff.

To amend the National School Lunch Act and the Child Nutrition Act of 1966 to improve and expand the school lunch and related programs under those Acts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Tax Uncertainty Act of 2010''. SEC. 2. EGTRRA AND JGTRRA TAX RELIEF MADE PERMANENT. (a) Economic Growth and Tax Relief Reconciliation Act of 2001.-- Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 is hereby repealed. (b) Income Tax Rates on Dividends and Net Capital Gain.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is hereby repealed. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. ESTATE AND GIFT TAX PERMANENTLY REPEALED. Effective for estates of decedents dying, gifts made, or generation skipping transfers, after December 31, 2010, subtitle B of the Internal Revenue Code of 1986 is repealed. SEC. 4. PERMANENT INDIVIDUAL AMT RELIEF. (a) Modification of Alternative Minimum Tax Exemption Amount.-- (1) In general.--Paragraph (1) of section 55(d) of the Internal Revenue Code of 1986 (relating to exemption amount) is amended to read as follows: ``(1) Exemption amount for taxpayers other than corporations.--In the case of a taxpayer other than a corporation, the term `exemption amount' means-- ``(A) the dollar amount for taxable years beginning in the calendar year as specified in the table contained in paragraph (4)(A) in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse, ``(B) the dollar amount for taxable years beginning in the calendar year as specified in the table contained in paragraph (4)(B) in the case of an individual who-- ``(i) is not a married individual, and ``(ii) is not a surviving spouse, ``(C) 50 percent of the dollar amount applicable under paragraph (1)(A) in the case of a married individual who files a separate return, and ``(D) $22,500 in the case of an estate or trust. For purposes of this paragraph, the term `surviving spouse' has the meaning given to such term by section 2(a), and marital status shall be determined under section 7703.''. (2) Specified exemption amounts.--Section 55(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Specified exemption amounts.-- ``(A) Taxpayers described in paragraph (1)(A).--For purposes of paragraph (1))(A)-- ------------------------------------------------------------------------ The ``For taxable years beginning in-- exemption amount is: ------------------------------------------------------------------------ 2010....................................................... $72,450 2011....................................................... $74,450 2012....................................................... $78,250 2013....................................................... $81,450 2014....................................................... $85,050 2015....................................................... $88,650 2016....................................................... $92,650 2017....................................................... $96,550 2018....................................................... $100,950 2019....................................................... $105,150 2020....................................................... $109,950. ------------------------------------------------------------------------ ``(B) Taxpayers described in paragraph (1)(B).--For purposes of paragraph (1))(B)-- ------------------------------------------------------------------------ The ``For taxable years beginning in-- exemption amount is: ------------------------------------------------------------------------ 2010....................................................... $47,450 2011....................................................... $48,450 2012....................................................... $50,350 2013....................................................... $51,950 2014....................................................... $53,750 2015....................................................... $55,550 2016....................................................... $57,550 2017....................................................... $59,500 2018....................................................... $61,700 2019....................................................... $63,800 2020....................................................... $66,200.''. ------------------------------------------------------------------------ (b) Alternative Minimum Tax Relief for Nonrefundable Credits.-- (1) In general.--Subsection (a) of section 26 of the Internal Revenue Code of 1986 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) Conforming amendments.-- (A) Adoption credit.-- (i) Section 23(b) of such Code, as in effect on December 31, 2009, is amended by striking paragraph (4). (ii) Section 23(c) of such Code, as in effect on December 31, 2009, is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 25D and 1400C), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (iii) Section 23(c) of such Code, as in effect on December 31, 2009 amended by redesignating paragraph (3) as paragraph (2). (B) Child tax credit.-- (i) Section 24(b) of such Code is amended by striking paragraph (3). (ii) Section 24(d)(1) of such Code is amended-- (I) by striking ``section 26(a)(2) or subsection (b)(3), as the case may be,'' each place it appears in subparagraphs (A) and (B) and inserting ``section 26(a)'', and (II) by striking ``section 26(a)(2) or subsection (b)(3), as the case may be'' in the second last sentence and inserting ``section 26(a)''. (C) Credit for interest on certain home mortgages.--Section 25(e)(1)(C) of such Code is amended to read as follows: ``(C) Applicable tax limit.--For purposes of this paragraph, the term `applicable tax limit' means the limitation imposed by section 26(a) for the taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23, 25D, and 1400C).''. (D) Savers' credit.--Section 25B of such Code is amended by striking subsection (g). (E) Residential energy efficient property.--Section 25D(c) of such Code is amended to read as follows: ``(c) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.''. (F) Certain plug-in electric vehicles.--Section 30(c)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (G) Alternative motor vehicle credit.--Section 30B(g)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (H) New qualified plug-in electric vehicle credit.--Section 30D(c)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (I) Cross references.--Section 55(c)(3) of such Code is amended by striking ``26(a), 30C(d)(2),'' and inserting ``30C(d)(2)''. (J) Foreign tax credit.--Section 904 of such Code is amended by striking subsection (i) and by redesignating subsections (j) , (k), and (l) as subsections (i), (j), and (k), respectively. (K) First-time home buyer credit for the district of columbia.--Section 1400C(d) of such Code is amended to read as follows: ``(d) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under subpart A of part IV of subchapter A (other than this section and section 25D), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 5. MAXIMUM CORPORATE INCOME TAX RATE REDUCED TO 25 PERCENT. (a) In General.--Paragraph (1) of section 11(b) of the Internal Revenue Code of 1986 is amended by striking ``but does not exceed $75,000'' and all that follows and inserting a period. (b) Personal Service Corporations.--Paragraph (2) of section 11(b) of such Code is amended by striking ``35 percent'' and inserting ``25 percent''. (c) Conforming Amendments.-- (1) Subsection (a) of section 1201 of such Code is amended by striking ``35 percent'' each place it appears and inserting ``25 percent''. (2) Paragraphs (1) and (2) of section 1445(e) of such Code are each amended by striking ``35 percent'' and inserting ``25 percent''. (d) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2010.

End Tax Uncertainty Act of 2010 - Makes permanent: (1) the Economic Growth and Tax Relief Reconciliation Act of 2001; (2) provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 that reduce income tax rates on dividend and capital gains income; and (3) the repeal, after December 31, 2010, of the estate, gift, and generation-skipping transfer tax. Amends the Internal Revenue Code to: (1) provide for annual increases, between 2010 and 2020, in the amount of the alternative minimum tax (AMT) exemption amount for single and married taxpayers; (2) allow a permanent offset against the AMT for certain nonrefundable tax credits; and (3) reduce to 25% the maximum income tax rate for corporations, including personal service corporations.

To prevent pending tax increases and to permanently repeal estate and gift taxes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bias Crimes Compensation Act of 1993''. SEC. 2. CIVIL RIGHTS. (a) Findings.--The Congress finds that-- (1) bias-motivated crimes of violence constitute crimes in violation of the victim's right to be free from discrimination on the basis of actual or perceived race, color, gender, religion, national origin, ethnicity, sexual orientation, or physical or mental disability; (2) State and Federal criminal laws do not adequately protect against the bias element of bias-motivated crimes of violence, which separates these crimes from acts of random violence, nor do those laws adequately provide victims of bias- motivated crimes of violence the opportunity to vindicate their interests; (3) existing bias and discrimination in the criminal justice system often deprive victims of bias-motivated crimes of violence of equal protection of the laws and the redress to which they are entitled; (4) bias-motivated crimes of violence have a substantial adverse effect on interstate commerce, by deterring potential victims from traveling interstate, from engaging in employment in interstate business, and from transacting with business, and in places involved, in interstate commerce; (5) bias-motivated crimes of violence have a substantial adverse effect on interstate commerce, by diminishing national productivity, increasing medical and other costs, and decreasing the supply of and the demand for interstate products; (6) a Federal civil rights claim, as created in this section, is necessary to guarantee equal protection of the laws and to reduce the substantial adverse effects of bias-motivated crimes of violence on interstate commerce; and (7) victims of bias-motivated crimes of violence have a right to equal protection of the laws, including a system of justice that is unaffected by bias or discrimination and that, at every relevant stage, treats such crimes as seriously as other violent crimes. (b) Right.--All individuals within the United States, and the special maritime and territorial jurisdiction of the United States, shall have the right to be free from bias-motivated crimes of violence. (c) Claim.--Any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives an individual of the right secured by subsection (b) shall be liable to the individual injured, in a civil action in any court of competent jurisdiction, for compensatory damages of not less than $100,000, punitive damages, injunctive relief, declaratory relief, or any combination thereof. (d) Limitation, Procedure, and Rule of Construction.-- (1) Limitation.--Nothing in this section entitles an individual to a claim under subsection (c) for random acts of violence unrelated to bias or for acts that cannot be demonstrated, by a preponderance of the evidence, to be bias- motivated crimes of violence. (2) No prior criminal action.--Nothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the necessary elements of a claim under subsection (c). (3) Concurrent jurisdiction.--The Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this section. (4) Rule of construction.--Neither section 1367 of title 28 of the United States Code nor subsection (c) of this section shall be construed, by reason of a claim arising under such subsection, to confer on the courts of the United States supplemental jurisdiction of any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property, or child custody decree. (e) Definitions.--For purposes of this section-- (1) the term ``bias-motivated'' means committed because of, on the basis of, and due to (at least in part) an animus based on, actual or perceived race, color, gender, religion, national origin, ethnicity, sexual orientation, or physical or mental disability of the victim; (2) the term ``crime of violence'' means-- (A) an act or series of acts that would constitute State or Federal offense of a kind described in section 16 of title 18, United States Code, and punishable by a maximum term of imprisonment exceeding one year, but excludes an offense against property that presents no serious risk of physical or mental disability injury to an individual; or (B) one or more actions that would constitute such offense but for the relationship between the person who takes such actions and the individual against whom such actions are taken; whether or not such offense or such actions result in criminal charges, prosecution, or conviction and whether or not such actions were taken within the United States or the special maritime and territorial jurisdiction of the United States; (3) the term ``disability'' has the meaning given it in section 3(2) of the Americans With Disabilities Act of 1990 (42 U.S.C. 12102(2)); and (4) the term ``special maritime and territorial jurisdiction of the United States'' has the meaning given such term in section 7 of title 18, United States Code. (f) Limitation on Removal.--Section 1445 of title 28, United States Code, is amended by adding at the end the following: ``(d) A civil action in any State court arising under section 2 of the Bias Crimes Compensation Act of 1993 may not be removed to any district court of the United States.''. (g) Authority To Award Attorney's Fee.--Section 722(b) of the Revised Statutes of the United States (42 U.S.C. 1988(b)) is amended by inserting ``section 2 of the Bias Crimes Compensation Act of 1993,'' after ``Public Law 92-318,''.

Bias Crimes Compensation Act of 1993 - States that all U.S. individuals shall have the right to be free from bias-motivated crimes of violence (crimes arising from differences in race, color, gender, religion, national origin, ethnicity, sexual orientation, or physical or mental disability). Creates a Federal civil rights claim against anyone who deprives an individual of such right, with compensatory and punitive damages, and injunctive or declaratory relief. Provides limitations, procedures, and rules of construction, including the limitation that random acts of violence, as opposed to bias-motivated acts, shall not be a basis for such a claim.

Bias Crimes Compensation Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Encouraging Work and Supporting Marriage Act of 2002''. TITLE I--ACCELERATION OF MARRIAGE PENALTY RELIEF SEC. 101. ACCELERATION OF INCREASE IN STANDARD DEDUCTION FOR JOINT RETURNS. (a) In General.--Paragraph (7) of section 63(c) of the Internal Revenue Code of 1986, as amended by section 301 of the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended to read as follows: ``(7) Applicable percentage.--For purposes of paragraph (2), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning The applicable in calendar year-- percentage is-- 2003 or 2004........................... 170 2005................................... 174 2006................................... 184 2007................................... 187 2008................................... 190 2009 and thereafter.................... 200.''. (b) Conforming Amendment.--Subsection (d) of section 301 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``December 31, 2004'' and inserting ``December 31, 2002''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. TITLE II--MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK CREDIT SEC. 201. MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK CREDIT. (a) Eligibility of Ex-Felons Determined Without Regard to Family Income.--Paragraph (4) of section 51(d) of the Internal Revenue Code of 1986 is amended by adding ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking all that follows subparagraph (B). (b) Increase in Maximum Age for Eligibility of Food Stamp Recipients.--Clause (i) of section 51(d)(8)(A) of such Code is amended by striking ``25'' and inserting ``30''. (c) Clarification of Treatment of Individuals Under Individual Work Plans.--Subparagraph (B) of section 51(d)(6) of such Code (relating to vocational rehabilitation referral) is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, or'', and by adding at the end the following new clause: ``(iii) an individual work plan developed and implemented by an employment network pursuant to subsection (g) of section 1148 of the Social Security Act with respect to which the requirements of such subsection are met.'' (d) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2002. SEC. 202. CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH WELFARE-TO-WORK CREDIT. (a) In General.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(I) a long-term family assistance recipient.'' (b) Long-Term Family Assistance Recipient.--Subsection (d) of section 51 of such Code is amended by redesignating paragraphs (10) through (12) as paragraphs (11) through (13), respectively, and by inserting after paragraph (9) the following new paragraph: ``(10) Long-term family assistance recipient.--The term `long-term family assistance recipient' means any individual who is certified by the designated local agency-- ``(A) as being a member of a family receiving assistance under a IV-A program (as defined in paragraph (2)(B)) for at least the 18-month period ending on the hiring date, ``(B)(i) as being a member of a family receiving such assistance for 18 months beginning after August 5, 1997, and ``(ii) as having a hiring date which is not more than 2 years after the end of the earliest such 18- month period, or ``(C)(i) as being a member of a family which ceased to be eligible for such assistance by reason of any limitation imposed by Federal or State law on the maximum period such assistance is payable to a family, and ``(ii) as having a hiring date which is not more than 2 years after the date of such cessation.'' (c) Increased Credit for Employment of Long-Term Family Assistance Recipients.--Section 51 of such Code is amended by inserting after subsection (d) the following new subsection: ``(e) Credit for Second-Year Wages for Employment of Long-Term Family Assistance Recipients.-- ``(1) In general.--With respect to the employment of a long-term family assistance recipient-- ``(A) the amount of the work opportunity credit determined under this section for the taxable year shall include 40 percent of the qualified second-year wages for such year, and ``(B) in lieu of applying subsection (b)(3), the amount of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken into account with respect to such a recipient shall not exceed $10,000 per year. ``(2) Qualified second-year wages.--For purposes of this subsection, the term `qualified second-year wages' means qualified wages-- ``(A) which are paid to a long-term family assistance recipient, and ``(B) which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such recipient determined under subsection (b)(2). ``(3) Special rules for agricultural and railway labor.--If such recipient is an employee to whom subparagraph (A) or (B) of subsection (h)(1) applies, rules similar to the rules of such subparagraphs shall apply except that-- ``(A) such subparagraph (A) shall be applied by substituting `$10,000' for `$6,000', and ``(B) such subparagraph (B) shall be applied by substituting `$833.33' for `$500'.''. (d) Repeal of Separate Welfare-to-Work Credit.-- (1) In general.--Section 51A of such Code is hereby repealed. (2) Clerical amendment.--The table of sections for subpart F of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 51A. (e) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2002. Passed the House of Representatives May 21, 2002. Attest: JEFF TRANDAHL, Clerk.

Encouraging Work and Supporting Marriage Act of 2002 - Amends the Internal Revenue Code to increase the standard deduction for the married filing jointly category beginning in calendar year 2003.Modifies the work opportunity credit by: (1) repealing the requirement that a "qualified ex-felon" be a member of a low-income (as specified) family; (2) increasing the maximum age for eligibility of food stamp recipients to 30 years; (3) redefining the term "vocational rehabilitation referral"; (4) adding "long-term family assistance recipients" (as defined) to the definition of "targeted groups"; and (5) increasing the maximum allowable credit for employment of long-term family assistance recipients.Repeals the separate welfare-to-work credit.

To amend the Internal Revenue Code of 1986 to accelerate the marriage penalty relief in the standard deduction and to modify the work opportunity credit and the welfare-to-work credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Schools Improvement Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Bullying and harassment foster a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create conditions that negatively affect learning, thereby undermining the ability of students to achieve their full potential. (2) Bullying and harassment contribute to high dropout rates, increased absenteeism, and academic underachievement. (3) Bullying and harassment include a range of behaviors that negatively impact a student's ability to learn and participate in educational opportunities and activities that schools offer. Such behaviors can include hitting or punching, name-calling, intimidation through gestures or social exclusion, and sending insulting or offensive messages through electronic communications, such as Internet sites, e-mail, instant messaging, mobile phones and messaging, telephone, or any other means. (4) Schools with enumerated anti-bullying and harassment policies have an increased level of reporting and teacher intervention in incidents of bullying and harassment, thereby reducing the overall frequency and number of such incidents. (5) Students have been particularly singled out for bullying and harassment on the basis of their actual or perceived race, color, national origin, sex, disability status, sexual orientation, gender identity, or religion, among other categories. (6) Some young people experience a form of bullying called relational aggression or psychological bullying, which harms individuals by damaging, threatening, or manipulating their relationships with their peers, or by injuring their feelings of social acceptance. (7) Interventions to address bullying and harassment conduct to create a positive and safe school climate, combined with evidence-based discipline policies and practices, such as Positive Behavior Interventions and Supports (PBIS) and restorative practices, can minimize suspensions, expulsions, and other exclusionary discipline policies to ensure that students are not ``pushed-out'' or diverted to the juvenile justice system. (8) According to one poll, 85 percent of Americans strongly support or somewhat support a Federal law to require schools to enforce specific rules to prevent bullying. (9) Students, parents, educators, and policymakers have come together to call for leadership and action to address the national crisis of bullying and harassment. SEC. 3. SAFE SCHOOLS IMPROVEMENT. (a) In General.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART G--SAFE SCHOOLS IMPROVEMENT ``SEC. 4701. PURPOSE. ``The purpose of this part is to address the problem of bullying and harassment conduct of students in public elementary schools and secondary schools. ``SEC. 4702. ANTI-BULLYING POLICIES. ``(a) Bullying.--In this part, the term `bullying' includes cyber- bullying through electronic communications. ``(b) Policies.--A State that receives a grant under this title shall require all local educational agencies in the State to carry out the following: ``(1) Establish policies that prevent and prohibit conduct, including bullying and harassment, that is sufficiently severe, persistent, or pervasive-- ``(A) to limit a student's ability to participate in, or benefit from, a program or activity of a public school or local educational agency; or ``(B) to create a hostile or abusive educational environment, adversely affecting a student's education, at a program or activity of a public school or local educational agency, including acts of verbal, nonverbal, or physical aggression or intimidation. ``(2) The policies required under paragraph (1) shall include a prohibition of bullying or harassment conduct based on-- ``(A) a student's actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion; ``(B) the actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion of a person with whom a student associates or has associated; or ``(C) any other distinguishing characteristics that may be defined by the State or local educational agency, including being homeless or the child or ward of a member of the Armed Forces. ``(3) Provide-- ``(A) annual notice to students, parents, and educational professionals describing the full range of prohibited conduct contained in such local educational agency's discipline policies; and ``(B) grievance procedures for students or parents to register complaints regarding the prohibited conduct contained in such local educational agency's discipline policies, including-- ``(i) the name of the local educational agency officials who are designated as responsible for receiving such complaints; and ``(ii) timelines that the local educational agency will establish in the resolution of such complaints. ``(4) Collect annual incidence and frequency of incidents data about the conduct prohibited by the policies described in paragraph (1) at the school building level that are accurate and complete and publicly report such data at the school level and local educational agency level. The local educational agency shall ensure that victims or persons responsible for such conduct are not identifiable. ``(5) Encourage positive and preventative approaches to school discipline that minimize students' removal from instruction and ensure that students, including students described in paragraph (2), are not subject to disproportionate punishment. ``SEC. 4703. STATE REPORTS. ``The chief executive officer of a State that receives a grant under this title, in cooperation with the State educational agency, shall submit a biennial report to the Secretary-- ``(1) on the information reported by local educational agencies in the State pursuant to section 4702(b)(4); and ``(2) describing the State's plans for supporting local educational agency efforts to address the conduct prohibited by the policies described in section 4702(b)(1). ``SEC. 4704. EVALUATION. ``(a) Biennial Evaluation.--The Secretary shall conduct an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary schools and secondary schools, including implementation of the requirements described in section 4702, including whether such requirements have appreciably reduced the level of the prohibited conduct and have conducted effective parent involvement and training programs. ``(b) Data Collection.--The Commissioner for Education Statistics shall collect data from States, that are subject to independent review, to determine the incidence and frequency of conduct prohibited by the policies described in section 4702. ``(c) Biennial Report.--Not later than January 1, 2019, and every 2 years thereafter, the Secretary shall submit to the President and Congress a report on the findings of the evaluation conducted under subsection (a) together with the data collected under subsection (b) and data submitted by the States under section 4703. ``SEC. 4705. EFFECT ON OTHER LAWS. ``(a) Federal and State Nondiscrimination Laws.--Nothing in this part shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part are in addition to those imposed by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(b) Free Speech and Expression Laws.--Nothing in this part shall be construed to alter legal standards regarding, or affect the rights (including remedies and procedures) available to individuals under, other Federal laws that establish protections for freedom of speech or expression. ``SEC. 4706. RULE OF CONSTRUCTION. ``Nothing in this part shall be construed to prohibit a State or local entity from enacting any law with respect to the prevention of bullying or harassment of students that is not inconsistent with this part.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: ``Part G--Safe Schools Improvement ``Sec. 4701. Purpose. ``Sec. 4702. Anti-bullying policies. ``Sec. 4703. State reports. ``Sec. 4704. Evaluation. ``Sec. 4705. Effect on other laws. ``Sec. 4706. Rule of construction.''.

Safe Schools Improvement Act of 2017 This bill amends the Elementary and Secondary Education Act of 1965 to require states to direct their local educational agencies (LEAs) to establish policies that prevent and prohibit conduct, including bullying and harassment, that is sufficiently severe, persistent, or pervasive to: (1) limit students' ability to participate in, or benefit from, school programs; or (2) create a hostile or abusive educational environment that adversely affects students' education. LEAs shall also provide: (1) students, parents, and educational professionals with annual notice of the conduct prohibited in their disciplinary policies; (2) students and parents with grievance procedures that target such conduct; and (3) the public with annual data on the incidence and frequency of that conduct at the school and LEA level. The Department of Education must conduct, and report on, an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools. The National Center for Education Statistics shall collect state data to determine the incidence and frequency of the conduct prohibited by LEA disciplinary policies.

Safe Schools Improvement Act of 2017

of September 29, 1969 (Public Law 1, 2 42 U.S.C. 2461 91-76)........................................... National Aeronautics and Space Administration 6 42 U.S.C. 2463 Authorization Act, 1978 (Public Law 95-76)....... National Aeronautics and Space Administration 106(a) 42 U.S.C. 2464 Authorization Act, 1983 (Public Law 97-324)...... National Aeronautics and Space Administration 201 42 U.S.C. 2466 Authorization Act of 1986 (Public Law 99-170).... 202 42 U.S.C. 2466a 203 42 U.S.C. 2466b 204 42 U.S.C. 2466c National Space Grant College and Fellowship Act 202 42 U.S.C. 2486 (Title II of Public Law 100-147)................. 203 42 U.S.C. 2486a 204 42 U.S.C. 2486b 205 42 U.S.C. 2486c 206 42 U.S.C. 2486d 207 42 U.S.C. 2486e 208 42 U.S.C. 2486f 209 42 U.S.C. 2486g 210 42 U.S.C. 2486h 211 42 U.S.C. 2486i 213 42 U.S.C. 2486k 214 42 U.S.C. 2486l Department of Housing and Urban Development-- (par. under heading 42 U.S.C. 2467 Independent Agencies Appropriations Act, 1989 ``Science, Space, and (Public Law 100-404)............................. Technology Education Trust Fund'', at 102 Stat. 1028) Departments of Veterans Affairs and Housing and (pars. under heading ``Small 42 U.S.C. 2473b Urban Development, and Independent Agencies and Disadvantaged Business'', Appropriations Act, 1990 (Public Law 101-144).... at 103 Stat. 863) National Aeronautics and Space Administration 112 42 U.S.C. 2465a Authorization Act, Fiscal Year 1991 (Public Law 101-611)......................................... 123 (not previously classified) 203 42 U.S.C. 2465c 206 42 U.S.C. 2465f Departments of Veterans Affairs and Housing and (1st par. under heading 42 U.S.C. 2459d Urban Development, and Independent Agencies ``Administrative Appropriations Act, 1992 (Public Law 102-139).... Provisions'', at 105 Stat. 771) National Aeronautics and Space Administration 19 42 U.S.C. 2459e Authorization Act, Fiscal Year 1992 (Public Law 102-195)......................................... 20 42 U.S.C. 2467a 21 42 U.S.C. 2473c Land Remote Sensing Policy Act of 1992 (Public Law 2 15 U.S.C. 5601 102-555)......................................... 3 15 U.S.C. 5602 101 15 U.S.C. 5611 102 15 U.S.C. 5612 103 15 U.S.C. 5613 104 15 U.S.C. 5614 105 15 U.S.C. 5615 201 15 U.S.C. 5621 202 15 U.S.C. 5622 203 15 U.S.C. 5623 204 15 U.S.C. 5624 205 15 U.S.C. 5625 301 15 U.S.C. 5631 302 15 U.S.C. 5632 303 15 U.S.C. 5633 401 15 U.S.C. 5641 501 15 U.S.C. 5651 502 15 U.S.C. 5652 503 15 U.S.C. 5653 504 15 U.S.C. 5654 505 15 U.S.C. 5655 506 15 U.S.C. 5656 507 15 U.S.C. 5657 508 15 U.S.C. 5658 601 15 U.S.C. 5671 602 15 U.S.C. 5672 National Aeronautics and Space Administration 304 42 U.S.C. 2467b Authorization Act, Fiscal Year 1993 (Public Law 102-588)......................................... 501 15 U.S.C. 5801 502 15 U.S.C. 5802 504 15 U.S.C. 5803 506 15 U.S.C. 5805 507 15 U.S.C. 5806 508 15 U.S.C. 5807 510 15 U.S.C. 5808 601 42 U.S.C. 2487 602 42 U.S.C. 2487a 603 42 U.S.C. 2487b 604 42 U.S.C. 2487c 606 42 U.S.C. 2487e 607 42 U.S.C. 2487f 608 42 U.S.C. 2487g Commercial Space Act of 1998 (Public Law 105-303). 2 42 U.S.C. 14701 101 42 U.S.C. 14711 104 42 U.S.C. 14712 105 42 U.S.C. 14713 106 42 U.S.C. 14714 107 42 U.S.C. 14715, 15 U.S.C. 5621, 5622 201 42 U.S.C. 14731 202 42 U.S.C. 14732 204 42 U.S.C. 14733 205 42 U.S.C. 14734 206 42 U.S.C. 14735 National Aeronautics and Space Administration 126 42 U.S.C. 2475a Authorization Act of 2000 (Public Law 106-391)... 301 42 U.S.C. 2459g 304 42 U.S.C. 2459h 305 42 U.S.C. 2475b 325 42 U.S.C. 2473d Commercial Reusable In-Space Transportation Act of 902 42 U.S.C. 14751 2002 (Title IX of Public Law 107-248)............ 903 42 U.S.C. 14752 904 42 U.S.C. 14753 Departments of Veterans Affairs and Housing and (last par. under heading 42 U.S.C. 2459i Urban Development, and Independent Agencies ``Administrative Appropriations Act, 2003 (Division K of Public Provisions'', at 117 Stat. Law 108-7)....................................... 520) National Aeronautics and Space Administration 101(a) 42 U.S.C. 16611(a) Authorization Act of 2005 (Public Law 109-155)... 101(b) 42 U.S.C. 16611(b) 101(h)(1) 42 U.S.C. 16611(h)(1) 101(i) 42 U.S.C. 16611(i) 103 42 U.S.C. 16613 105 42 U.S.C. 16614 107 42 U.S.C. 16615 110 42 U.S.C. 16618 202 42 U.S.C. 16631 203 42 U.S.C. 16632 204 42 U.S.C. 16633 205 42 U.S.C. 16634 301 42 U.S.C. 16651 304(a) (matter before par. 42 U.S.C. 16654(a) (matter (1)) before par. (1)) 304(a)(2) 42 U.S.C. 16654(a)(2) 305 42 U.S.C. 16655 306 42 U.S.C. 16656 311 42 U.S.C. 16671 312 42 U.S.C. 16672 313 42 U.S.C. 16673 314 42 U.S.C. 16674 315 42 U.S.C. 16675 316 42 U.S.C. 16676 401 42 U.S.C. 16701 411 42 U.S.C. 16711 421 42 U.S.C. 16721 422 42 U.S.C. 16722 423 42 U.S.C. 16723 424 42 U.S.C. 16724 425 42 U.S.C. 16725 426 42 U.S.C. 16726 427 42 U.S.C. 16727 431 42 U.S.C. 16741 441 42 U.S.C. 16751 501 42 U.S.C. 16761 503 42 U.S.C. 16763 504 42 U.S.C. 16764 505 42 U.S.C. 16765 506 42 U.S.C. 16766 507 42 U.S.C. 16767 601 42 U.S.C. 16781 612 42 U.S.C. 16791 613 42 U.S.C. 16792 615 42 U.S.C. 16794 616 42 U.S.C. 16795 618 42 U.S.C. 16797 619(b) 42 U.S.C. 16798(b) 621 42 U.S.C. 16811 707 42 U.S.C. 16821 708 42 U.S.C. 16822 709 42 U.S.C. 16823 821 42 U.S.C. 16841 822 42 U.S.C. 16842 823 42 U.S.C. 16843 824 42 U.S.C. 16844 825 42 U.S.C. 16845 826 42 U.S.C. 16846 827 42 U.S.C. 16847 828 42 U.S.C. 16848 829 42 U.S.C. 16849 830 42 U.S.C. 16850 ----------------------------------------------------------------------------------------------------------------

Enacts title 51 of the United States Code into positive law to be entitled "National and Commercial Space Programs." Makes conforming changes to existing law and repeals specified provisions of specified laws.

To enact title 51, United States Code, "National and Commercial Space Programs", as positive law.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Readjustment Counseling Service Amendments of 1993''. SEC. 2. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE IN THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 7305 of title 38, United States Code, is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph (7): ``(7) A Readjustment Counseling Service.''. (b) Organization.--The Readjustment Counseling Service shall have the organizational structure and administrative structure of that service as such structures were in existence on January 1, 1993. (c) Revision of Organizational Structure.--(1) The Secretary of Veterans Affairs may not alter or revise the organizational structure or the administrative structure of the Readjustment Counseling Service until-- (A) the Secretary has submitted to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing a full and complete statement of the proposed alteration or revision; and (B) a period of 60 days has elapsed after the date on which the report is received by the committees. (2) In the computation of the 60-day period under paragraph (1)(B), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3 calendar days to a day certain. (d) Budget Information Relating to the Service.--Each budget submitted to the Congress by the President under section 1105 of title 31, United States Code, shall set forth the amount requested in the budget for the operation of the Readjustment Counseling Service in the fiscal year covered by the budget and shall set forth separately the amount requested for administrative oversight of the activities of the service (including the amount requested for funding of the Advisory Committee on Veteran Readjustment Counseling). SEC. 3. DIRECTOR OF THE READJUSTMENT COUNSELING SERVICE. (a) Director.--Section 7306(b) of title 38, United States Code, is amended-- (1) by striking out ``and'' at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following: ``(4) one shall be a person who (A)(i) is a qualified psychiatrist, (ii) is a qualified psychologist holding a diploma as a doctorate in clinical or counseling psychology from an authority approved by the American Psychological Association and has successfully undergone an internship approved by that association, (iii) is a qualified holder of a master in social work degree, or (iv) is a registered nurse holding a master of science in nursing degree in psychiatric nursing or any other mental-health related degree approved by the Secretary, and (B) has at least 3 years of clinical experience and 2 years of administrative experience in the Readjustment Counseling Service or other comparable mental health care counseling service (as determined by the Secretary), who shall be the director of the Readjustment Counseling Service.''. (b) Organizational Requirement.--The Director of the Readjustment Counseling Service shall report to the Under Secretary for Health through the Associate Deputy Under Secretary for Health for Clinical Programs. SEC. 4. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND CERTAIN RELATED COUNSELING SERVICES. (a) Readjustment Counseling.--(1) Subsection (a) of section 1712A of title 38, United States Code, is amended to read as follows: ``(a) Upon the request of any veteran, the Secretary shall, within the limits of Department facilities, furnish counseling to such veteran to assist such veteran in readjusting to civilian life. Such counseling shall include a general mental and psychological assessment to ascertain whether such veteran has mental or psychological problems associated with readjustment to civilian life.''. (2) Subsection (c) of such section is repealed. (b) Other Counseling.--Such section is further amended by inserting after subsection (b) the following new subsection (c): ``(c) The Secretary may provide the counseling services described in section 1701(6)(B)(ii) of this title to the surviving parents, spouse, and children of any member of the Armed Forces who dies while serving on active duty or from a condition (as determined by the Secretary) incurred in or aggravated by such service.''. (c) Authority To Contract for Counseling Services.--Subsection (e) of such section is amended by striking out ``subsections (a) and (b)'' each place it appears and inserting in lieu thereof ``subsections (a), (b), and (c)''. SEC. 5. CONFIDENTIALITY OF PATIENT RECORDS IN THE READJUSTMENT COUNSELING SERVICE. (a) In General.--Notwithstanding any other provision of law, the records of the identity, diagnosis, prognosis, or treatment of any patient or subject of the Readjustment Counseling Service of the Department of Veterans Affairs, or of any patient or subject provided readjustment counseling services under a contract with the Department, may be disclosed only as follows: (1) By written consent of the patient or subject, only for the purpose for which such consent is granted. (2) To medical personnel to the extent necessary to meet a bona fide medical emergency. (3) To personnel of the Department other than personnel of the service, if such disclosure is determined by an appropriate member of the service to be necessary to avert an imminent danger to the patient or subject, or to another person. (4) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor (with such cause to be determined according to the elements set forth in section 7332(b)(2)(D) of title 38, United States Code). (b) Fines.--Any person who violates a provision of subsection (a) shall be fined in accordance with subsections (f) and (g) of section 7332 of title 38, United States Code. SEC. 6. ADVISORY COMMITTEE ON THE READJUSTMENT OF VETERANS. (a) In General.--(1) Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1712B the following: ``Sec. 1712C. Advisory Committee on Veteran Readjustment Counseling ``(a)(1) There is in the Department the Advisory Committee on Veteran Readjustment Counseling (hereinafter in this section referred to as the `Committee'). ``(2) The Committee shall consist of 18 members-- ``(A) the members of the Committee shall be appointed by the Secretary and shall include individuals who are recognized authorities in fields pertinent to the social, psychological, economic, or educational readjustment of veterans. An officer or employee of the United States may not be appointed as a member of the Committee under this paragraph; ``(B) at least 12 of whom are veterans of the Vietnam era or other period of war; and ``(C) who have experience with the provision of veterans benefits and services by the Department. ``(3) The Secretary shall seek to ensure that members appointed to the Committee include persons from a wide variety of geographic areas and ethnic backgrounds, persons from veterans service organizations, minorities, and women. ``(4) The Secretary shall determine the terms of service and pay and allowances of the members of the Committee, except that a term of service may not exceed two years. The Secretary may reappoint any member for additional terms of service. ``(b)(1) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the provision by the Department of benefits and services to veterans in order to assist veterans in the readjustment to civilian life. ``(2)(A) In providing advice to the Secretary under this subsection, the Committee shall-- ``(i) assemble and review information relating to the needs of veterans in readjusting to civilian life; ``(ii) provide information relating to the nature and character of psychological problems arising from military service; ``(iii) provide an on-going assessment of the effectiveness of the policies, organizational structures, and services of the Department in assisting veterans in readjusting to civilian life; and ``(iv) provide on-going advice on the most appropriate means of responding to the readjustment needs of future veterans. ``(B) In carrying out its duties under subparagraph (A), the Committee shall take into special account veterans of the Vietnam era, and the readjustment needs of such veterans. ``(c)(1) Not later than March 31 of each year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that relate to the readjustment of veterans to civilian life. Each such report shall include-- ``(A) an assessment of the needs of veterans with respect to readjustment to civilian life; ``(B) a review of the programs and activities of the Department designed to meet such needs; and ``(C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate. ``(2) Not later than 90 days after the receipt of each report under paragraph (1), the Secretary shall transmit to the Committees on Veterans' Affairs of the Senate and House of Representatives a copy of the report, together with any comments and recommendations concerning the report that the Secretary considers appropriate. ``(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate. ``(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to that section. ``(d)(1) Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Committee under this section. ``(2) Section 14 of such Act shall not apply to the Committee.''. (2) The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1712B the following: ``1712C. Advisory Committee on Veteran Readjustment Counseling.''. (b) Original Members.--(1) Notwithstanding subsection (a)(2) of section 1712C(a)(2) of such title (as added by subsection (a)), the members of the Advisory Committee on the Readjustment of Vietnam and Other War Veterans on the date of the enactment of this Act shall be the original members of the advisory committee recognized under such section. (2) The original members shall so serve until the Secretary of Veterans Affairs carries out appointments under such subsection (a)(2). The Secretary shall carry out such appointments as soon after such date as is practicable. The Secretary may make such appointments from among such original members. SEC. 7. PLAN FOR EXPANSION OF VIETNAM VETERAN RESOURCE CENTER PILOT PROGRAM. (a) Requirement.--(1) The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a plan for the expansion of the Vietnam Veteran Resource Center program established pursuant to the amendment made by section 105 of the Veterans' Administration Health-Care Amendments of 1985 (Public Law 99-166; 99 Stat. 944). The plan shall include a schedule for the implementation of the program at or through all Department of Veterans Affairs readjustment counseling centers. (2) The Secretary shall submit the plan not later than 4 months after the date of the enactment of this Act. (b) Definition.--In this section, the term ``Department of Veterans Affairs readjustment counseling centers'' has the same meaning given the term ``center'' in section 1712A(i)(1) of title 38, United States Code. SEC. 8. VETERAN CENTER HEALTH-CARE PILOT PROGRAM. (a) Program.--(1) Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 1720E. Veteran center health-care pilot program ``(a) The Secretary shall carry out a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers. The Secretary shall carry out the pilot program in accordance with this section. ``(b)(1) In carrying out the pilot program, the Secretary shall-- ``(A) identify not less than 12 or more than 15 readjustment counseling centers at which to provide health- related services under the pilot program; and ``(B) provide such services to eligible veterans at such centers in accordance with paragraph (2). ``(2)(A) The Secretary shall provide health-related services under the pilot program as follows: ``(i) At five or more readjustment counseling centers identified under paragraph (1)(A), by providing not less than 20 hours per week of basic ambulatory services and health-care screening through qualified personnel. ``(ii) At five or more such centers, by providing not less than 40 hours per week of full-range ambulatory services through qualified personnel. ``(iii) At two or more such centers, by providing not less than 120 hours per week of physician services through qualified personnel. ``(B) In determining the location of the readjustment counseling centers at which to provide health-related services under the pilot program, the Secretary shall select centers that are located in a variety of geographic areas and that serve veterans of a variety of economic, social, and ethnic backgrounds. ``(c)(1) The Secretary shall commence the provision of health- related services at readjustment counseling centers under this section not later than six months after the date of the enactment of the Readjustment Counseling Service Amendments of 1993. ``(2) The pilot program shall terminate two years after the date on which the Secretary commences the provision of services under paragraph (1). ``(d) For the purposes of this section-- ``(1) the term `Department general health-care facility' has the meaning given such term in section 1712A(i)(2) of this title; ``(2) the term `eligible veteran' means any veteran eligible for outpatient services under paragraph (1), (2), or (3) of section 1712(a) of this title; and ``(3) the term `readjustment counseling center' has the same meaning given the term `center' in section 1712A(i)(1) of this title.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720D the following: ``1720E. Veteran center health-care pilot program.''. (b) Report.--(1) The Secretary of Veterans Affairs shall submit to Congress a report on the veteran center health-care pilot program established under section 1720E of title 38, United States Code (as added by subsection (a)). The report shall include the following: (A) A description of the program, including information on-- (i) the number of veterans provided health-related services under the program; (ii) the number of such veterans referred to Department of Veterans Affairs general health-care facilities in order to provide health care services to such veterans; and (iii) the cost to the Department of the program. (B) An analysis of the effectiveness of the health-related services provided to veterans under the program. (C) The recommendations of the Secretary for means of improving the program, and an estimate of the cost to the Department of implementing such recommendations. (D) Such other information as the Secretary considers appropriate. (2) The Secretary shall submit the report not later than three months after the termination of the pilot program. HR 3096 IH----2

Readjustment Counseling Service Amendments of 1993 - Includes a Readjustment Counseling Service (RCS) as part of the Veterans Health Administration of the Department of Veterans Affairs. Prohibits the Secretary of Veterans Affairs from altering or revising the organizational structure of RCS until he or she has notified specified congressional committees and 60 days have elapsed since such notification. Requires RCS budget information to be included annually in the President's budget submitted to the Congress. Outlines eligibility requirements for one of the Assistant Under Secretaries for Health in the Department, including at least three years of clinical experience and two years of administrative experience in RCS or other comparable mental health care counseling service. Makes such a qualified person the director of RCS. Directs the Secretary, upon the request of any veteran (currently, only veterans discharged or released from active duty but not otherwise eligible for such counseling), to furnish counseling in readjusting to civilian life. Allows the provision of counseling to survivors of members of the armed forces who die while serving on active duty or from a condition incurred or aggravated by military service. Provides for the confidentiality of the records of any patient of RCS, permitting disclosure only in specific limited circumstances. Establishes in the Department the Advisory Committee on Veteran Readjustment Counseling to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires specified reports from the Advisory Committee and the Secretary. Directs the Secretary to report to specified congressional committees a plan for the expansion of the Vietnam Veteran Resource Center program as established under prior law. Directs the Secretary to carry out and report to the Congress on a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers.

Readjustment Counseling Service Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Care Corps Act of 2015''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Corps.--The term ``Corps'' means the National Care Corps established under section 3 of this Act. (2) Director.--The term ``Director'' means the Director of the Corps appointed under section 3(b)(1) of this Act. (3) Local care corps program.--The term ``local Care Corps program'' means a program funded with a grant awarded under section 10(b) of this Act that hosts Corps volunteers and arranges for them to provide approved services to individuals in need. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. ESTABLISHMENT OF NATIONAL CARE CORPS. (a) In General.--There is established in the Department of Health and Human Services a program to be known as the ``National Care Corps'' through which Corps volunteers provide approved services to individuals in need via participation in local Care Corps programs. (b) Staff.-- (1) Appointment of director.--The Secretary, acting through the Administrator of the Administration for Community Living, shall appoint a Director of the Corps. (2) Duties of director.--The Director shall-- (A) design, develop, and administer Corps programs; (B) manage the daily operations of the Corps; and (C) report to the Administrator of the Administration for Community Living. (3) Authority to employ staff.--The Director may employ such staff as is necessary to carry out this Act. SEC. 4. SELECTION AND ELIGIBILITY OF VOLUNTEERS. (a) In General.-- (1) Selection.--The Director shall select eligible individuals as Corps volunteers. (2) Nondiscrimination.--In selecting Corps volunteers, the Director shall comply with all applicable provisions of State and Federal laws and regulations pertaining to nondiscrimination and equal employment opportunity. (b) Eligible Individuals.--To be eligible to serve as a volunteer in the Corps, an individual shall-- (1) be at least 18 years of age on or before December 31 of the calendar year in which the individual begins participation in the Corps; (2) agree to participate in the Corps for a period of not more than 24 months, consisting of not more than 2 terms of up to 12 months; (3) submit an application to the Director at such time, in such manner, and containing such information as the Director may require; (4) pass a criminal background check as described in subsection (c); and (5) agree to comply with such terms and conditions as the Director may require. (c) Criminal Background Check.-- (1) In general.--Before selecting any individual to serve as a volunteer in the Corps, the Director shall request a criminal background check of such individual on a nationwide basis. (2) Volunteer prohibitions.--An individual shall be ineligible to be a Corps volunteer if-- (A) such individual refuses to consent to the criminal background check; or (B) the criminal background check does not demonstrate to the Director's satisfaction that such individual is fit for Corps service. SEC. 5. AUTHORIZED BENEFITS FOR CORPS VOLUNTEERS. (a) In General.--The Director shall provide for Corps volunteers to receive allowances, health insurance, and post-service educational awards authorized by this section. (b) Allowances.--The Director shall provide each Corps volunteer with such living, travel, and leave allowances, and such housing, transportation, supplies, equipment, and subsistence as the Director determines to be necessary for the volunteer's maintenance and to ensure the volunteer's health and capacity to serve effectively. (c) Health Insurance.-- (1) In general.--The Director shall provide for each Corps volunteer to receive health insurance coverage. (2) Minimum essential coverage.--The health insurance coverage described paragraph (1) shall meet the requirements of section 5000A(f) of the Internal Revenue Code of 1986. (d) Post-Service Educational Award.-- (1) In general.--The Director shall establish an educational award for Corps volunteers. (2) Amounts.-- (A) Number of awards.--A Corps volunteer may receive up to 2 educational awards under this subsection, one for each term of service as a volunteer. (B) Amount for full term of service.--In the case of a Corps volunteer who completes a term of full-time service in the Corps for a period of 12 months, as determined by the Director, such volunteer shall receive an educational award having a value equal to the maximum amount of a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) that a student eligible for such grant may receive in the aggregate (without regard to whether the funds are provided through discretionary or mandatory appropriations) for the award year. (C) Incentive to pursue a degree in a health care profession.--In the case of a Corps volunteer who commits to using his or her educational award (or awards, if applicable) under this subsection for completion of a degree, a certificate, or training in a health care profession, the value of such awards shall be twice the value that would otherwise be applicable under subparagraph (B). (D) Amount for other periods of service.-- (i) In the case of a Corps volunteer who completes less than a 12-month term of full- time service in the Corps, as determined by the Director, such volunteer may receive a portion of the educational award described in subparagraph (B) or (C) (as applicable) that corresponds to the quantity of service actually completed by the volunteer. (ii) In the case of a Corps volunteer who completes more than 12 months of full-time service in the Corps, and less than 24 months of such service, as determined by the Director, such volunteer may receive, for the portion of service exceeding 12 months, a portion of the educational award described in subparagraph (B) or (C) (as applicable) that corresponds to the quantity of service actually completed by the volunteer. (3) Uses of award.--An educational award shall be used to pay-- (A) costs of attendance at an institution of higher education; or (B) government or commercial loans received by an individual for the cost of attendance at an institution of higher education. (4) Definitions.--For purposes of this subsection, the following definitions shall apply: (A) Cost of attendance.--The term ``cost of attendance'' has the meaning given such term by section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (B) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term under subsection (a) or (b) of section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (e) Federal Hiring Preference.--In the case of a Corps volunteer who completes at least one term of full-time service in the Corps for a total period of 12 months or more, as determined by the Director, such volunteer shall be eligible for appointment in the competitive service in the same manner as Peace Corps volunteers as prescribed in Executive Order Number 11103 (April 10, 1963). (f) Regulations.--The Director shall issue any regulations that the Director determines to be necessary to carry out this section. SEC. 6. ASSIGNMENT OF CORPS VOLUNTEERS TO SENIORS AND INDIVIDUALS WITH DISABILITIES. (a) Assignment of Corps Volunteers.-- (1) In general.--The Director shall assign each Corps volunteer to participate in a local Care Corps program. (2) Priority of assignment.--In assigning Corps volunteers to local Care Corps programs, the Director shall-- (A) take into consideration the population and geographic preferences of the volunteers; and (B) assign not less than 20 percent of volunteers to programs that serve geographic areas in which the Director determines there is a shortage of approved services available to individuals in need, with consideration given to low-income and minority populations. (b) Services Provided by Corps Volunteers.-- (1) In general.--The Director shall assign Corps volunteers only for providing approved services to individuals in need through participation in local Care Corps programs. (2) Approved services.--Approved services are services provided directly to individuals in need in home-based or community-based settings that-- (A) result in person-to-person, supportive relationships with each individual served; (B) support the achievement and maintenance of the highest level of independent living for each individual in need; (C) are supported by appropriate orientation, training, and supervision; and (D) are provided in support of, or in coordination with, a caregiver, if applicable. (3) Prohibited services.--In performing duties as a Corps volunteer, no volunteer shall provide-- (A) professional medical services; (B) administrative support services to a local Corps program; (C) care in an institutional setting; (D) care prohibited under State law; or (E) any other services determined by the director to be inconsistent with the purposes of the Corps. (4) Guidance regarding scope of services.--The Director shall issue guidance describing the scope of services that may be provided by Corps volunteers. In issuing such guidance, the Director shall provide for a public notice and comment period of not less than 60 days before issuing the guidance in final form. (c) Individual In Need.--The term ``individual in need'' means an individual who-- (1) is at least 65 years of age or has a disability as defined in section 3 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12102); (2) has difficultly with self-care or living independently; and (3) meets such other criteria as the Director determines to be appropriate. SEC. 7. TRAINING AND STANDARDS OF CONDUCT. (a) Pre-Assignment Training Program.--The Director shall develop a training program that provides Corps volunteers with instruction in the skills necessary to carry out an assignment in a local Care Corps program. Such training program shall include-- (1) at least 40 hours of instruction for each Corps volunteer for each term (of 12 months or less) to be served in the Corps by the volunteer; (2) additional training for volunteers whose assignment requires further instruction; and (3) any other requirements the Director determines to be appropriate. (b) Standards of Conduct.--The Director shall establish and enforce standards to promote proper conduct and discipline within the Corps. SEC. 8. STATUS OF CORPS VOLUNTEERS UNDER FEDERAL LAW. (a) In General.--Except as otherwise provided in this section, Corps volunteers shall not, by reason of their status as volunteers, be treated as Federal employees or be subject to the provisions of law relating to Federal employment. (b) Work-Related Injuries.-- (1) In general.--For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to the compensation of Federal employees for work injuries, Corps volunteers shall be treated as employees of the United States within the meaning of the term ``employee'', as defined in section 8101 of such title. (2) Special rule.--In the application of the provisions of subchapter I of chapter 81 of title 5, United States Code, to a Corps volunteer, the volunteer shall not be treated to be in the performance of duty while absent from the volunteer's assigned post of duty unless the absence is authorized in accordance with procedures prescribed by the Director. (c) Tort Claims Procedure.--A Corps volunteer shall be treated an employee of the United States for purposes of chapter 171 of title 28, United States Code, relating to tort claims liability and procedure. SEC. 9. REPORTING REQUIREMENTS. The Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living, shall transmit to Congress at least once in each fiscal year a report on the Corps. At minimum, such report shall include-- (1) a description of the population served by the Corps during the preceding fiscal year, including-- (A) an estimate of the number of individuals served in each State, disaggregated by race, ethnicity, and socioeconomic status; and (B) identification of the type of settings in which the services were provided; (2) an evaluation of Corps operations; and (3) recommendations, if any, for improving Corps operations. SEC. 10. LOCAL CARE CORPS PROGRAMS. (a) Functions of Local Care Corps Programs.--Local Care Corps programs shall-- (1) conduct in-person orientation and training for Corps volunteers; (2) develop and monitor volunteer assignments, which shall include selecting the individuals in need to be served by Corps volunteers, matching volunteers to assignments, and supervising volunteers; (3) maintain records and prepare reports as required by the Director; and (4) carry out any other activities determined to be appropriate by the Director. (b) Grants for Local Care Corps Programs.--The Director may award grants to qualified entities for the operation of local Care Corps programs. (1) Qualified entity.--The term ``qualified entity'' means a public or private nonprofit entity that is-- (A) part of an aging network, as defined by section 102(5) of the Older Americans Act of 1965 (42 U.S.C. 3002(5)); (B) a time-banking or volunteer organizing agency; (C) a State, county, or local government; or (D) any other entity determined to be appropriate by the Director. (2) Application process.--To be eligible for a grant under this subsection, a qualified entity shall-- (A) submit an application to the Director at such time, in such manner, and containing such information as the Director may require; and (B) abide by such terms and conditions as the Director determines to be appropriate. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $350,000,000 for each of the fiscal years beginning after the date of the enactment of this Act. (b) Continued Availability of Funds.--Amounts authorized to be appropriated under subsection (a) for a fiscal year are authorized to remain available for that fiscal year and the subsequent fiscal year.

National Care Corps Act of 2015 Establishes in the Department of Health and Human Services the National Care Corps through which Corps volunteers provide certain services to individuals in need who are age 65 or older or have a disability and have difficulty with self-care or living independently.

National Care Corps Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clear Creek National Recreation Area and Conservation Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Management plan.--The term ``management plan'' means the Plan for the Recreation Area prepared under section 4(c). (2) Recreation area.--The term ``Recreation Area'' means the Clear Creek National Recreation Area. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of California. SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION AREA. (a) In General.--To promote environmentally responsible high- quality motorized and non-motorized trail based recreation, including off-highway vehicle use, scenic touring, access for hunting and gem collecting, while protecting ecological, geological, scenic, cultural, and historic resources, fish and wildlife values, and other resources of the landscape, there is established the Clear Creek National Recreation Area in the State, to be managed by the Secretary. (b) Boundaries.--The Recreation Area shall consist of approximately 75,000 acres of Federal land in San Benito County and Fresno County, California, as generally depicted on the map entitled ``Clear Creek National Recreation Area'' and dated July 30, 2012. (c) Map.-- (1) In general.--As soon as practicable, after the date of the enactment of this Act, the Secretary shall submit a map and legal description of the Recreation Area to-- (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Availability.--Copies of the map submitted under paragraph (1) shall be on file and available for public inspection in-- (A) the Office of the Director of the Bureau of Land Management; and (B) the appropriate office of the Bureau of Land Management in California. SEC. 4. MANAGEMENT. (a) In General.--The Secretary shall manage the Recreation Area to further the purposes described in section 3(a), in accordance with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any other applicable law. (b) Uses.--The Secretary shall-- (1) allow hiking, camping, hunting, gem collecting, and sightseeing and the use of motorized vehicles, mountain bikes, and horses on designated roads, trails, and areas; (2) issue special recreation permits for motorized and non- motorized events; and (3) reopen the Clear Creek Management Area to the uses described in this subsection as soon as practicable following the enactment of this Act and in accordance with the management guidelines outlined in this Act and other applicable law. (c) Interim Management Plan.--The Secretary shall use the 2005 Clear Creek Management Area Travel Management Plan as modified by this Act, or by the Secretary to incorporate natural resource protection information not available in 2005, as the basis of an interim management plan to govern motorized recreation within the Recreation Area pending the completion of the long-term management plan required in subsection (d). (d) Permanent Management Plan.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall create a comprehensive management plan for the Clear Creek Recreation Area that-- (1) shall describe the appropriate uses and management of the Recreation Area in accordance with this Act; (2) shall be prepared in consultation with-- (A) appropriate Federal, State, and local agencies (including San Benito, Monterey, and Fresno Counties); (B) adjacent land owners; and (C) other stakeholders (including conservation and recreational organizations); (3) shall include a hazards education program to inform people entering the Recreation Area of the asbestos related risks associated with various activities within the Recreation Area, including, but not limited to, off-highway vehicle recreation; (4) shall include a user fee program for motorized vehicle use within the Recreational Area and guidelines for the use of the funds collected for the management and improvement of the Recreation Area; (5) may incorporate any appropriate decisions, as determined by the Secretary, in accordance with this Act, that are contained in any management or activity plan for the area completed before the date of the enactment of this Act; (6) may incorporate appropriate wildlife habitat management plans or other plans prepared for the land within or adjacent to the Recreation Area before the date of the enactment of this Act, in accordance with this Act; (7) may use information developed under any studies of land within or adjacent to the Recreation Area carried out before the date of enactment of this Act; and (8) may include cooperative agreements with State or local government agencies to manage all or a portion of the recreational activities within the Recreation Area in accordance with an approved management plan and the requirements of this Act. (e) Acquisition of Property.-- (1) In general.--The Secretary may acquire land adjacent to the National Recreation Area by purchase from willing sellers, donation, or exchange. (2) Management.--Any land acquired under paragraph (1) shall be managed in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable law (including regulations). (3) Improved access.--The Secretary may acquire by purchase from willing sellers, donation, exchange, or easement, land, or interest in land to improve public safety in providing access to the Recreation Area. (f) Private Property.-- (1) Access to private property.-- (A) In general.--The Secretary shall provide landowners adequate access to inholdings within the Recreation Area. (B) Inholdings.--For access purposes, private land adjacent to the Recreation Area to which there is no other practicable access except through the Recreation Area shall be managed as an inholding. (2) Use of private property.--Nothing in this Act affects the ownership, management, or other rights relating to any non- Federal land (including any interest in any non-Federal land). (3) Buffer zones.--Nothing in this Act creates a protective perimeter or buffer zone around the Recreation Area. (4) Valid rights.--Nothing in this Act affects any easements, rights-of-way, and other valid rights in existence on the date of the enactment of this Act. (g) Water Right Exclusion.--Nothing in this Act-- (1) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the Recreation Area; or (2) shall affect any water rights existing on the date of the enactment of this Act. (h) Hunting and Fishing.--Nothing in this Act-- (1) limits hunting or fishing; or (2) affects the authority, jurisdiction, or responsibility of the State to manage, control, or regulate fish and resident wildlife under State law (including regulations), including the regulation of hunting or fishing on public land managed by the Bureau of Land Management. (i) Motorized Vehicles.--Except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles on public land in the Recreation Area shall be permitted only on roads, trails, and areas designated by the management plan for the use by motorized vehicles. (j) Grazing.--In the Recreation Area, the grazing of livestock in areas in which grazing is allowed as of the date of the enactment of this Act shall be allowed to continue, consistent with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any regulations promulgated by the Secretary, acting through the Director of the Bureau of Land Management. (k) Withdrawal.--Subject to valid existing rights, all Federal land within the Recreation Area is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (l) Fees.--Amounts received by the Secretary under the fee structure required by subsection (c)(3)(G) shall be-- (1) deposited in a special account in the Treasury of the United States; and (2) made available until expended, without further appropriation, to the Secretary for use in the Recreation Area. (m) Risk Standard.--The National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. 300), published pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605), shall not apply to the Secretary's management of asbestos exposure risks faced by the public when recreating within the Clear Creek Recreation Area described in section 3(b). SEC. 5. JOAQUIN ROCKS WILDERNESS. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 21,000 acres of Federal lands located in Fresno County and San Benito County, California, and generally depicted on a map entitled ``Proposed Joaquin Rocks Wilderness'' and dated March 11, 2012, is designated as wilderness areas and as components of the National Wilderness Preservation System and shall be known as the ``Joaquin Rocks Wilderness''. SEC. 6. CLEAR CREEK MANAGEMENT AREA WILD AND SCENIC RIVERS. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following paragraphs: ``(208) Larious canyon.--The approximately 5.25 miles of Larious Canyon Creek from its source near Idria Peak in Section 6, R12E, T18S, to the boundary of the Clear Creek Special Recreation Management Area in Section 23, R11E, T17S. ``(209) San carlos creek.--The approximately 5.51 miles of the East Fork San Carlos Creek from its source near San Benito Mountain in Section 10, R12E, T18S, to the boundary of the Clear Creek Special Recreation Management Area in Section 22, R12E, T17S. ``(210) Cantua creek.--The approximately 7.68 miles of Cantua Creek from its source north of Santa Rita Peak in Section 24, R12E, T18S, to the public land boundary in Section 3, R13E, T18S. ``(211) Picacho creek.--The approximately 2.65 miles of Picacho Creek, from its source spring in Section 20, R12E, T18S, to its confluence with the San Benito River. ``(212) White creek and tributaries.-- ``(A) The approximately 5.37 miles of White Creek, from its source in Section 36, R12E, T18S, to the boundary of the Clear Creek Special Recreation Management Area in Section 17, R13E, T19S. ``(B) The approximately 2.29 miles of the unnamed tributary of White Creek from its source just south of Spanish Lake in Section 29, R13E, T18S, to its confluence with White Creek. ``(C) The approximately 2.45 miles of the unnamed tributary of White Creek from its source in Section 33, R13E, T18S, to its confluence with White Creek.''.

Clear Creek National Recreation Area and Conservation Act of 2012 - Establishes the Clear Creek National Recreation Area in California to promote environmentally responsible high-quality motorized and non-motorized trail based recreation, including off-highway vehicle use, scenic touring, and access for hunting and gem collecting, while protecting landscape resources. Instructs the Secretary to use the 2005 Clear Creek Management Area Travel Management Plan as modified by this Act or by the Secretary to incorporate natural resource protection information unavailable in 2005 as the basis for an interim management plan to govern motorized recreation in the Recreation Area. Requires the Secretary to create a comprehensive management plan for the Recreation Area within two years of enactment of this Act. Requires landowners to be provided with adequate access to inholdings within the Recreation Area. Permits livestock grazing to be allowed to continue in areas in which it is allowed. Designates specified federal lands in Fresno and San Benito Counties, California, to be known as the Joaquin Rocks Wilderness, as wilderness areas and components of the National Wilderness Preservation System. Amends the Wild and Scenic Rivers Act to add the Larious Canyon, San Carlos Creek, Cantua Creek, Picacho Creek, and White Creek and its tributaries as components of the National Wild and Scenic Rivers System.

To establish the Clear Creek National Recreation Area in the State of California, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Component Privacy Officer Act of 2008''. SEC. 2. ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN EACH COMPONENT OF DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.) is amended by inserting after section 222 the following new section: ``SEC. 222A. PRIVACY OFFICIALS. ``(a) Designation.-- ``(1) In general.--For each component of the Department under paragraph (2), the Secretary shall, in consultation with the head of the component, designate a full-time privacy official, who shall report directly to the senior official appointed under section 222. Each such component privacy official shall have primary responsibility for its component in implementing the privacy policy for the Department established by the senior official appointed under section 222. ``(2) Components.--The components of the Department referred to in this subparagraph are as follows: ``(A) The Transportation Security Administration. ``(B) The Bureau of Citizenship and Immigration Services. ``(C) Customs and Border Protection. ``(D) Immigration and Customs Enforcement. ``(E) The Federal Emergency Management Agency. ``(F) The Coast Guard. ``(G) The Directorate of Science and Technology. ``(H) The Office of Intelligence and Analysis. ``(I) The Directorate for National Protection and Programs. ``(b) Responsibilities.--Each privacy official designated under subsection (a) shall report directly to both the head of the official's component and the senior official appointed under section 222, and shall have the following responsibilities with respect to the component: ``(1) Serve as such senior official's main point of contact at the component to implement the polices and directives of such senior official in carrying out section 222. ``(2) Advise the head of that component on privacy considerations when any law, regulation, program, policy, procedure, or guideline is proposed, developed, or implemented. ``(3) Assure that the use of technologies by the component sustain or enhance privacy protections relating to the use, collection, and disclosure of personal information within the component. ``(4) Identify privacy issues related to component programs and apply appropriate privacy policies in accordance with Federal privacy law and Departmental policies developed to ensure that the component protects the privacy of individuals affected by its activities. ``(5) Monitor the component's compliance with all applicable Federal privacy laws and regulations, implement corrective, remedial, and preventive actions and notify the senior official appointed under section 222 of privacy issues or non-compliance, whenever necessary. ``(6) Ensure that personal information contained in Privacy Act systems of records is handled in full compliance with section 552a of title 5, United States Code. ``(7) Assist in drafting and reviewing privacy impact assessments, privacy threshold assessments, and system of records notices, in conjunction with and under the direction of the senior official appointed under section 222, for any new or substantially changed program or technology that collects, maintains, or disseminates personally identifiable information within the official's component. ``(8) Assist in drafting and reviewing privacy impact assessments, privacy threshold assessments, and system of records notices in conjunction with and under the direction of the senior official appointed under section 222, for proposed rulemakings and regulations within the component. ``(9) Conduct supervision of programs, regulations, policies, procedures, or guidelines to ensure the component's protection of privacy and, as necessary, promulgate guidelines and conduct oversight to ensure the protection of privacy. ``(10) Implement and monitor privacy training for component employees and contractors in coordination with the senior official appointed under section 222. ``(11) Provide the senior official appointed under section 222 with written materials and information regarding the relevant activities of the component, including privacy violations and abuse, that are needed by the senior official to successfully prepare the reports the senior official submits to Congress and prepares on behalf of the Department. ``(12) Any other responsibilities assigned by the Secretary or the senior official appointed under section 222. ``(c) Role of Component Heads.--The head of a component identified in subsection (a)(2) shall ensure that the privacy official designated under subsection (a) for that component-- ``(1) has the information, material, and resources necessary to fulfill the responsibilities of such official under this section; ``(2) is advised of proposed policy changes and the development of new programs, rules, regulations, procedures, or guidelines during the planning stage and is included in the decision-making process; and ``(3) is given access to material and personnel the privacy official deems necessary to carry out the official's responsibilities. ``(d) Limitation.--Nothing in this section shall be considered to abrogate the role and responsibilities of the senior official appointed under section 222.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item related to section 222 the following new item: ``Sec. 222A. Privacy officials.''. Passed the House of Representatives July 30, 2008. Attest: LORRAINE C. MILLER, Clerk.

Department of Homeland Security Component Privacy Officer Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to designate a full-time privacy official for each of the following Department of Homeland Security (DHS) components: (1) the Transportation Security Administration (TSA); (2) the Bureau of Citizenship and Immigration Services (CIS); (3) Customs and Border Protection (CBP); (4) Immigration and Customs Enforcement (ICE); (5) the Federal Emergency Management Agency (FEMA); (6) the Coast Guard; (7) the Directorate of Science and Technology; (8) the Office of Intelligence and Analysis; and (9) the Directorate for National Protection and Programs. Grants each component's privacy official primary responsibility for implementing the privacy policy for DHS established by DHS's privacy officer. Requires each designated privacy official to report directly to both the component head and DHS's privacy officer. Lists the responsibilities of each component privacy official, including: (1) serving as DHS's privacy officer's main point of contact at the component to implement that officer's policies and directives; (2) advising the component head on privacy considerations when any law, regulation, or guideline is proposed, developed, or implemented; (3) assuring that the use of technologies sustains or enhances privacy protections; (4) identifying privacy issues related to component programs; (5) monitoring the component's compliance with all applicable federal privacy laws and regulations; (6) assisting in drafting and reviewing privacy impact assessments, privacy threshold assessments, and system of records notices; (7) implementing and monitoring privacy training for component employees and contractors in coordination with DHS's privacy officer; and (8) providing DHS's privacy officer with written materials and information regarding the relevant activities of the component, including privacy violations and abuse, that are needed to successfully prepare reports for Congress and on behalf of DHS. Directs each component head to ensure that the component's privacy official: (1) has the information, resources, and access to material and personnel necessary to fulfill his or her responsibilities; (2) is advised of proposed policy changes and the development of new programs, regulations, procedures, or guidelines during the planning stages; and (3) is included in decision-making.

To amend the Homeland Security Act of 2002 to provide for a privacy official within each component of the Department of Homeland Security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited CARD Reform for Consumers Act of 2009''. SEC. 2. EARLIER EFFECTIVE DATE FOR CREDIT CARD PROVISIONS OF THE CREDIT CARD ACT OF 2009. Section 3 of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (15 U.S.C. 1602 note) is amended-- (1) by striking ``This Act'' and inserting ``(a) In General.--This Act''; and (2) by adding at the end the following new subsections: ``(b) Certain Credit Card Provisions.--Except as otherwise specifically provided in this Act, titles I, II, and III, and the amendments made by such titles, shall take effect on the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009. ``(c) Certain Credit Card Issuers.--Except as otherwise specifically provided in this Act and notwithstanding subsection (b), the effective date established under subsection (a) shall apply with respect to the application of titles I, II, and III, and the amendments made by such titles, to any credit card issuer which is a depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act) with fewer than 2,000,000 credit cards in circulation as of the date of the enactment of this Act.''. SEC. 3. EARLIER EFFECTIVE DATES FOR SPECIFIC PROVISIONS TO PREVENT FURTHER ABUSES. (a) Review of Past Consumer Interest Rate Increases.--Section 148(d) of the Truth in Lending Act (15 U.S.C. 1665c(d)) (as added by section 101(c) of the Credit Card Accountability Responsibility and Disclosure Act of 2009) is amended-- (1) by striking ``9 months after the date of enactment of this section'' and inserting ``the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, except that for a depository institution, as defined in section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)), with fewer than 2 million credit cards in circulation on the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, the effective date shall be February 22, 2010,''; and (2) by striking ``become effective 15 months after that date of enactment'' and inserting ``take effect on the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, except that for a depository institution, as defined in section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)), with fewer than 2 million credit cards in circulation on the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, the effective date shall be August 22, 2010''. (b) Requirement That Penalty Fees Be Reasonable and Proportional to the Violation.--Section 149(b) of the Truth in Lending Act (15 U.S.C. 1665d(b)) (as added by section 102(b) of the Credit Card Accountability Responsibility and Disclosure Act of 2009) is amended-- (1) by striking ``9 months after the date of enactment of this section,'' and inserting ``the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, except that for a depository institution, as defined in section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)), with fewer than 2 million credit cards in circulation on the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, the effective date shall be February 22, 2010,''; and (2) by striking ``become effective 15 months after the date of enactment of the section'' and inserting ``take effect on the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, except that for a depository institution, as defined in section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)), with fewer than 2 million credit cards in circulation on the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, the effective date shall be August 22, 2010''. SEC. 4. CLARIFICATION THAT 45-DAY DELAY DOES NOT APPLY TO REDUCTIONS IN INTEREST RATES AND FEES. Subsection (i) of section 127 of the Truth in Lending Act (15 U.S.C. 1637) (as added by section 101(a)(1) of the Credit CARD Act of 2009) is amended by adding at the end the following new paragraph: ``(5) Clarification.--No provision of this subsection shall be construed as preventing any creditor from putting any reduction in an annual percentage rate, any decrease or elimination of any fee imposed on any consumer, or any significant change in terms solely or primarily for the benefit of the consumer into effect immediately.''. SEC. 5. MORATORIUM ON INCREASES IN RATES AND FEES AND CHANGES IN TERMS TO THE DETRIMENT OF THE CONSUMER. Notwithstanding any other provision of this Act or any amendment made by this Act, subsection (b) of section 164 of the Truth in Lending Act (as added by section 104(4) of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (Public Law 111-24)) shall not take effect until February 22, 2010, for any creditor with respect to an existing credit card account under an open end credit plan, or such a plan issued on or after the date of enactment, as long as the creditor does not-- (1) increase any annual percentage rate, fee, or finance charge applicable to any existing or future balance, except as permitted under subsection 171(b) of the Truth in Lending Act (as added by Public Law 111-24); or (2) change the terms to the detriment of a consumer, including terms governing the repayment of any outstanding balance, except as provided in section 171(c) of the Truth in Lending Act (as added by Public Law 111-24). SEC. 6. ADDITIONAL LIMITATIONS ESTABLISHED. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (r) (as added by the Credit CARD Act of 2009) the following new subsection: ``(s) Cancellation of Account Without Detrimental Effect.--If, in the case of a credit card account under an open end consumer credit plan, the consumer receives notice of the imposition of a new fee, and within the 45-day period beginning on receipt of such notice, pays off any outstanding balance on the account, no creditor and no consumer reporting agency (as defined in section 603) may use such pay off or closure of the consumer credit account to negatively impact the consumer's credit score or consumer report (as such terms are defined in sections 609 and 603, respectively).''. SEC. 7. MORATORIUM ON RATE INCREASES. (a) In General.--During the period beginning on the date of the enactment of this Act and ending 9 months after the date of the enactment of the Credit Card Accountability Responsibility and Disclosure Act of 2009, in the case of any credit card account under an open end consumer credit plan-- (1) no creditor may increase any annual percentage rate, fee, or finance charge applicable to any outstanding balance, except as permitted under subsection 171(b) of the Truth in Lending Act (as added by Public Law 111-24); and (2) no creditor may change the terms governing the repayment of any outstanding balance, except as set forth in section 171(c) of the Truth in Lending Act (as added by Public Law 111-24). (b) Definitions.--For purposes of this section, the following definitions shall apply: (1) Annual percentage rate.--The term ``annual percentage rate'' means an annual percentage rate, as determined under section 107 of the Truth in Lending Act (15 U.S.C. 1606). (2) Finance charge.--The term ``finance charge'' means a finance charge, as determined under section 106 of the Truth in Lending Act (15 U.S.C. 1605). (3) Outstanding balance.--The term ``outstanding balance'' has the same meaning as in section 171(d) of the Truth in Lending Act (as added by Public Law 111-24). (4) Other terms.--Any term used in this section that is defined in section 103 of the Truth in Lending Act (15 U.S.C. 1602) and is not otherwise defined in this section shall have the same meanings as in section 103 of the Truth in Lending Act. (c) Regulatory Authority.-- (1) In general.--The Board of Governors of the Federal Reserve System may prescribe such regulations as may be necessary to carry out this section. (2) Effective date.--The provisions of this section shall take effect upon the date of the enactment of this title, regardless of whether rules are issued under subsection (a). Passed the House of Representatives November 4, 2009. Attest: LORRAINE C. MILLER, Clerk.

Expedited CARD Reform for Consumers Act of 2009 - (Sec. 2) Amends the Credit Card Accountability Responsibility and Disclosure Act of 2009 (Credit CARD Act of 2009) to: (1) make Title I: Consumer Protection, Title II: Enhanced Consumer Disclosures, and Title III: Protection of Young Consumers effective as of the date of enactment of this Act; and (2) make February 22, 2010, the effective date of such titles for a depository institution with fewer than two million credit cards in circulation on the date of the enactment of the Credit CARD Act of 2009. (Sec. 3) Amends the Truth in Lending Act (TILA) to make conforming amendments with respect to review of past consumer interest rate increases. Amends TILA to move to the date of enactment of this Act: (1) the deadline by which the Board of Governors of the Federal Reserve System (Board) must issue final implementing rules for required creditor reviews of changes in factors considered in past consumer annual percentage interest rate (APR) increases when determining whether to reduce the APR; and (2) the effective date of the creditor review requirement. But makes February 22, 2010, the rules deadline, and August 22, 2010, the effective date of the creditor review requirement governing a depository institution that has fewer than two million credit cards in circulation on the date of the enactment of this Act. Declares the date of enactment of this Act: (1) the effective date of the requirement that any penalty fee or charge that a credit card issuer may impose, including a late payment fee, over-the-limit fee, or any other penalty fee or charge, be reasonable and proportional to the omission or violation to which it relates; and (2) the deadline for the Board to issue final implementing rules establishing standards for assessing whether any such penalty fee or charge is reasonable and proportional. But makes February 22, 2010, the rules deadline, and August 22, 2010, the effective date of the reasonable and proportional requirement itself, with respect to a depository institution with fewer than two million credit cards in circulation on the date of the enactment of this Act. (Sec. 4) States that TILA does not prevent a creditor from putting into effect immediately: (1) any reduction in APR; (2) elimination or reduction of any fee imposed on a consumer; or (3) any significant change in terms for the benefit of the consumer. (Sec. 5) Defers until February 22, 2010, the effective date of the new requirement under the Act that a credit card issuer must apply amounts in excess of the minimum payment amount first to the card balance bearing the highest rate of interest. Conditions this moratorium, however, on the creditor's refraining from: (1) increasing any APR, or fees or finance charges applicable to any existing or future balance (other than as provided in TILA); or (2) changing the account terms to the detriment of a consumer, including repayment of any outstanding balance (other than as provided in TILA). (Sec. 6) Amends TILA to prohibit either a creditor or a consumer reporting agency from using the pay off or closure of a consumer credit card account under an open end consumer credit plan to negatively impact the consumer's credit score or consumer report when the consumer pays off an outstanding account balance within 45 days after receiving notice of the imposition of a new fee. (Sec. 7) Imposes a limited moratorium on APR, fee, and finance charge increases, beginning on the date of enactment of this Act. Prohibits a creditor, during the moratorium period, from: (1) increasing any APR, fee, or finance charge applicable to any outstanding balance of a credit card account under an open end consumer credit plan; or (2) changing the repayment terms of an outstanding balance (except as permitted under TILA). Ends such moratorium nine months (February 22, 2010) after the date of enactment of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (May 22, 2009).

To amend the Credit Card Accountability Responsibility and Disclosure Act of 2009 to establish an earlier effective date for various consumer protections, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Water Quality Protection and Job Creation Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendment of Federal Water Pollution Control Act. TITLE I--WATER QUALITY FINANCING Subtitle A--Technical and Management Assistance Sec. 101. Technical assistance. Sec. 102. State management assistance. Sec. 103. Watershed pilot projects. Sec. 104. Nonpoint source management programs. Subtitle B--State Water Pollution Control Revolving Funds Sec. 121. Capitalization grant agreements. Sec. 122. Water pollution control revolving loan funds. Sec. 123. State planning assistance. Sec. 124. Intended use plan. Sec. 125. Technical assistance. Sec. 126. Authorization of appropriations. TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER GRANTS Sec. 201. Pilot program for alternative water source projects. Sec. 202. Sewer overflow control grants. SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). TITLE I--WATER QUALITY FINANCING Subtitle A--Technical and Management Assistance SEC. 101. TECHNICAL ASSISTANCE. (a) Technical Assistance for Rural and Small Treatment Works.-- Section 104(b) (33 U.S.C. 1254(b)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ``; and''; and (3) by adding at the end the following: ``(8) make grants to nonprofit organizations-- ``(A) to provide technical assistance to rural, small, and tribal municipalities for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities and tribal governments in the planning, developing, and acquisition of financing for eligible projects described in section 603(c); ``(B) to provide technical assistance and training for rural, small, and tribal publicly owned treatment works and decentralized wastewater treatment systems to enable such treatment works and systems to protect water quality and achieve and maintain compliance with the requirements of this Act; and ``(C) to disseminate information to rural, small, and tribal municipalities and municipalities that meet the affordability criteria established under section 603(i)(2) by the State in which the municipality is located with respect to planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems.''. (b) Authorization of Appropriations.--Section 104(u) (33 U.S.C. 1254(u)) is amended-- (1) by striking ``and (6)'' and inserting ``(6)''; and (2) by inserting before the period at the end the following: ``; and (7) not to exceed $100,000,000 for each of fiscal years 2018 through 2022 for carrying out subsections (b)(3), (b)(8), and (g), except that not less than 20 percent of the amounts appropriated pursuant to this paragraph in a fiscal year shall be used for carrying out subsection (b)(8)''. SEC. 102. STATE MANAGEMENT ASSISTANCE. (a) Authorization of Appropriations.--Section 106(a) (33 U.S.C. 1256(a)) is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by striking the semicolon at the end of paragraph (2) and inserting ``; and''; and (3) by inserting after paragraph (2) the following: ``(3) such sums as may be necessary for each of fiscal years 1991 through 2017, and $300,000,000 for each of fiscal years 2018 through 2022;''. (b) Technical Amendment.--Section 106(e) (33 U.S.C. 1256(e)) is amended by striking ``Beginning in fiscal year 1974 the'' and inserting ``The''. SEC. 103. WATERSHED PILOT PROJECTS. Section 122(c) is amended to read as follows: ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $120,000,000 for each of fiscal years 2018 through 2022.''. SEC. 104. NONPOINT SOURCE MANAGEMENT PROGRAMS. Section 319(j) (33 U.S.C. 1329(j)) is amended by striking ``$70,000,000'' and all that follows through ``fiscal year 1991'' and inserting ``$200,000,000 for each of fiscal years 2018 through 2022''. Subtitle B--State Water Pollution Control Revolving Funds SEC. 121. CAPITALIZATION GRANT AGREEMENTS. Section 602(b) (33 U.S.C. 1382(b)) is amended-- (1) in paragraph (13)(B)(iii), by striking ``; and'' and inserting a semicolon; (2) in paragraph (14), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(15) the State will use at least 15 percent of the amount of each capitalization grant received by the State under this title after September 30, 2017, to provide assistance to municipalities of fewer than 10,000 individuals that meet the affordability criteria established by the State under section 603(i)(2) for projects or activities included on the State's priority list under section 603(g), to the extent that there are sufficient applications for such assistance.''. SEC. 122. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS. Section 603(d) (33 U.S.C. 1383(d)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting a semicolon; and (3) by adding at the end the following: ``(8) to provide grants to owners and operators of treatment works that serve a population of 10,000 or fewer for obtaining technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, equipment replacement, and other activities to improve wastewater treatment plant management and operations, except that the total amount provided by the State in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the State from the fund in the preceding fiscal year, or 2 percent of the total amount received by the State in capitalization grants under this title in the preceding fiscal year, whichever amount is greatest; and ``(9) to provide grants to owners and operators of treatment works for conducting an assessment of the energy and water consumption of the treatment works, and evaluating potential opportunities for energy and water conservation through facility operation and maintenance, equipment replacement, and projects or activities that promote the efficient use of energy and water by the treatment works, except that the total amount provided by the State in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the State from the fund in the preceding fiscal year, or 2 percent of the total amount received by the State in capitalization grants under this title in the preceding fiscal year, whichever amount is greatest.''. SEC. 123. STATE PLANNING ASSISTANCE. Section 604(b) (33 U.S.C. 1384(b)) is amended by striking ``1 percent'' and inserting ``2 percent''. SEC. 124. INTENDED USE PLAN. (a) Integrated Priority List.--Section 603(g) (33 U.S.C. 1383(g)) is amended to read as follows: ``(g) Priority List.-- ``(1) In general.--For fiscal year 2019 and each fiscal year thereafter, a State shall establish or update a list of projects and activities for which assistance is sought from the State's water pollution control revolving fund. Such projects and activities shall be listed in priority order based on the methodology established under paragraph (2). The State may provide financial assistance from the State's water pollution control revolving fund only with respect to a project or activity included on such list. In the case of projects and activities eligible for assistance under subsection (c)(2), the State may include on such list a category or subcategory of nonpoint sources of pollution to be addressed. ``(2) Methodology.-- ``(A) In general.--Not later than 1 year after the date of enactment of this paragraph, and after providing notice and opportunity for public comment, each State shall establish a methodology for developing a priority list under paragraph (1). ``(B) Priority for projects and activities that achieve greatest water quality improvement.--In developing the methodology, the State shall seek to achieve the greatest degree of water quality improvement, taking into consideration-- ``(i) the requirements of section 602(b)(5); ``(ii) whether such water quality improvements would be realized without assistance under this title; and ``(iii) whether the proposed projects and activities would address water quality impairments associated with existing treatment works. ``(C) Considerations in selecting projects and activities.--In determining which projects and activities will achieve the greatest degree of water quality improvement, the State shall consider-- ``(i) information developed by the State under sections 303(d) and 305(b); ``(ii) the State's continuing planning process developed under sections 205(j) and 303(e); ``(iii) whether such project or activity may have a beneficial impact related to the purposes identified under section 302(a); ``(iv) the State's management program developed under section 319; and ``(v) conservation and management plans developed under section 320 with respect to an estuary lying in whole or in part within the State. ``(D) Nonpoint sources.--For categories or subcategories of nonpoint sources of pollution that a State may include on its priority list under paragraph (1), the State shall consider the cumulative water quality improvements associated with projects or activities carried out pursuant to the listing of such categories or subcategories. ``(E) Existing methodologies.--If a State has previously developed, after providing notice and an opportunity for public comment, a methodology that meets the requirements of this paragraph, the State may use the methodology for the purposes of this subsection.''. (b) Intended Use Plan.--Section 606(c) (33 U.S.C. 1386(c)) is amended-- (1) in the matter preceding paragraph (1) by inserting ``and publish'' after ``each State shall annually prepare''; (2) by striking paragraph (1) and inserting the following: ``(1) the State's priority list developed under section 603(g);''; (3) in paragraph (4), by striking ``and'' at the end; (4) by striking the period at the end of paragraph (5) and inserting ``; and''; and (5) by adding at the end the following: ``(6) if the State does not fund projects and activities in the order of the priority established under section 603(g), an explanation of why such a change in order is appropriate.''. (c) Transitional Provision.--Before completion of a priority list based on a methodology established under section 603(g) of the Federal Water Pollution Control Act (as amended by this section), a State shall continue to comply with the requirements of sections 603(g) and 606(c) of such Act, as in effect on the day before the date of enactment of this Act. SEC. 125. TECHNICAL ASSISTANCE. Section 607 is amended to read as follows: ``SEC. 607. TECHNICAL ASSISTANCE. ``(a) Simplified Procedures.--Not later than 1 year after the date of enactment of this section, the Administrator shall assist the States in establishing simplified procedures for treatment works to obtain assistance under this title. ``(b) Publication of Manual.--Not later than 2 years after the date of the enactment of this section, and after providing notice and opportunity for public comment, the Administrator shall publish a manual to assist treatment works in obtaining assistance under this title and publish in the Federal Register notice of the availability of the manual.''. SEC. 126. AUTHORIZATION OF APPROPRIATIONS. Title VI (33 U.S.C. 1381 et seq.) is amended by adding at the end the following: ``SEC. 609. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out the purposes of this title $4,000,000,000 for each of fiscal years fiscal year 2018 through 2022.''. TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER GRANTS SEC. 201. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS. (a) Selection of Projects.--Section 220(d) (33 U.S.C. 1300(d)) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (b) Committee Resolution Procedure.--Section 220 (33 U.S.C. 1300(e)) is amended by striking subsection (e) and redesignating subsections (f) through (j) as subsections (e) through (i), respectively. (c) Definitions.--Section 220(h)(1) (as redesignated by subsection (c) of this section) is amended by striking ``or wastewater or by treating wastewater'' and inserting ``, wastewater, or stormwater or by treating wastewater or stormwater''. (d) Authorization of Appropriations.--Section 220(i) (as redesignated by subsection (c) of this section) is amended by striking ``$75,000,000 for fiscal years 2002 through 2004'' and inserting ``$75,000,000 for each of fiscal years 2018 through 2022''. SEC. 202. SEWER OVERFLOW CONTROL GRANTS. Section 221 (33 U.S.C. 1301) is amended-- (1) by amending the section heading to read as follows: ``sewer overflow and stormwater reuse municipal grants''; (2) by amending subsection (a) to read as follows: ``(a) In General.-- ``(1) Grants to states.--The Administrator may make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, design, and construction of treatment works to intercept, transport, control, treat, or reuse municipal combined sewer overflows, sanitary sewer overflows, or stormwater. ``(2) Direct municipal grants.--Subject to subsection (g), the Administrator may make a direct grant to a municipality or municipal entity for the purposes described in paragraph (1).''; (3) by amending subsection (e) to read as follows: ``(e) Administrative Requirements.--A project that receives assistance under this section shall be carried out subject to the same requirements as a project that receives assistance from a State water pollution control revolving fund under title VI, except to the extent that the Governor of the State in which the project is located determines that a requirement of title VI is inconsistent with the purposes of this section. For the purposes of this subsection, a Governor may not determine that the requirements of title VI relating to the application of section 513 are inconsistent with the purposes of this section.''; (4) by amending subsection (f) to read as follows: ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $500,000,000 for each of fiscal years 2018 through 2022. ``(2) Minimum allocations.--To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 20 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects to intercept, transport, control, treat, or reuse municipal combined sewer overflows, sanitary sewer overflows, or stormwater through the use of green infrastructure, water and energy efficiency improvements, and other environmentally innovative activities.''; and (5) by amending subsection (g) to read as follows: ``(g) Allocation of Funds.-- ``(1) Fiscal year 2018.--Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2018 for making grants to municipalities and municipal entities under subsection (a)(2) in accordance with the criteria set forth in subsection (b). ``(2) Fiscal year 2019 and thereafter.--Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2019 and each fiscal year thereafter for making grants to States under subsection (a)(1) in accordance with a formula to be established by the Administrator, after providing notice and an opportunity for public comment, that allocates to each State a proportional share of such amounts based on the total needs of the State for municipal combined sewer overflow controls, sanitary sewer overflow controls, and stormwater identified in the most recent survey conducted pursuant to section 516 and any other information the Administrator considers appropriate.''.

Water Quality Protection and Job Creation Act of 2017 The bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to reauthorize through FY2022: programs for preventing and reducing pollution through research, investigations, and training; state and interstate water pollution control programs; wet weather watershed pilot projects; a grant program for implementing state management programs for controlling pollution added from nonpoint sources (e.g., pollution on the ground picked up by rain) to navigable waters; a grant program for protecting groundwater quality; clean water state revolving funds; a pilot program for alternative water source projects; and sewer overflow and stormwater reuse municipal grants (formally known as sewer overflow control grants). The bill authorizes the Environmental Protection Agency to make grants to rural, small, and tribal municipalities for addressing pollution. The bill revises requirements governing capitalization grant agreements, clean water state revolving funds, and sewer overflow and stormwater reuse municipal grants.

Water Quality Protection and Job Creation Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Revolutionary War Historic Preservation Study Act of 1994''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``Commission'' means the Revolutionary War Sites Advisory Commission established in section 4; (2) the term ``Secretary'' means the Secretary of the Interior; and (3) the term ``Revolutionary War sites'' means those sites and structures situated in the United States which are thematically tied with the nationally significant events that occurred during the Revolutionary War. SEC. 3. FINDINGS. The Congress finds that-- (1) Revolutionary War sites provide a means for Americans to understand and interpret that period in American history; (2) the historical integrity of many of these sites are at risk because they are located in regions which are undergoing rapid urban and suburban development; and (3) it is important to obtain current information on the significance of such sites, threats to their integrity, and alternatives for their preservation and interpretation for the benefit of the Nation. SEC. 4. ESTABLISHMENT OF REVOLUTIONARY WAR SITES ADVISORY COMMISSION. (a) In General.--There is hereby established the Revolutionary War Sites Advisory Commission. The Commission shall consist of 13 members appointed as follows: (1) Three individuals who are nationally recognized as experts and authorities on the history of the Revolutionary War, and 2 individuals who are nationally recognized as experts and authorities in historic preservation and land use planning, appointed by the Secretary. (2) The Director of the National Park Service or his or her designee. (3) The chair of the Advisory Council on Historic Preservation, or his or her designee. (4) Three individuals appointed by the Speaker of the United States House of Representatives in consultation with the chairman and ranking minority member of the Committee on Natural Resources. (5) Three individuals appointed by the President Pro Tempore of the United States Senate in consultation with the chairman and ranking minority member of the Committee on Energy and Natural Resources. (b) Chair.--The Commission shall elect a chair from among its members. (c) Vacancies.--Vacancies occurring on the Commission shall not affect the authority of the remaining members of the Commission to carry out the functions of the Commission. Any vacancy in the Commission shall be promptly filled in the same manner in which the original appointment was made. (d) Quorum.--A simple majority of Commission members shall constitute a quorum. (e) Meetings.--The Commission shall meet at least quarterly or upon the call of the chair or a majority of the members of the Commission. (f) Compensation.--Members of the Commission shall serve without compensation. Members of the Commission, when engaged in official Commission business, shall be entitled to travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in government service under section 5703 of title 5, United States Code. (g) Termination.--The Commission established by this section shall terminate 90 days after the transmittal of the report to Congress as provided in section 7(c). SEC. 5. STAFF OF THE COMMISSION. (a) Executive Director.--The Director of the National Park Service, or his or her designee, shall serve as the Executive Director of the Commission. (b) Staff.--The Director of the National Park Service shall, on a reimbursable basis, detail such staff as the Commission may require to carry out its duties. (c) Staff of Other Agencies.--Upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. (d) Experts and Consultants.--Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as authorized by section 3109(b) of title 5, United States Code, but at rates determined by the Commission to be reasonable. SEC. 6. POWERS OF THE COMMISSION. (a) In General.--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 may deem advisable. (b) Bylaws.--The Commission may make such bylaws, rules, and regulations, consistent with this Act, as it considers necessary to carry out its functions under this Act. (c) Delegation.--When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (d) Mails.--The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. SEC. 7. DUTIES OF THE COMMISSION. (a) Preparation of Study.--The Commission shall prepare a study of Revolutionary War sites. Such study shall identify the sites, determine the relative significance of such sites, assess short- and long-term threats to their integrity, and provide alternatives for the preservation and interpretation of such sites by Federal, State, and local governments, or other public or private entities, as may be appropriate. The Commission shall research and propose innovative open space and land preservation techniques. Such alternatives may include (but shall not be limited to) designation as units of the National Park System or as affiliated areas. The study may include existing units of the National Park System. (b) Consultation.--During the preparation of the study referred to in subsection (a), the Commission shall consult with the Governors of affected States, affected units of local government, State and local historic preservation organizations, scholarly organizations, and such other interested parties as the Commission deems advisable. (c) Transmittal to the Secretary and Congress.--Not later than 2 years after the date that funds are made available for the study referred to in subsection (a), the Commission shall transmit such study to the Secretary and the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. (d) Report.--Whenever the Commission submits a report of the study to the Secretary or the Office of Management and Budget, it shall concurrently transmit copies of that report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.

Revolutionary War Historic Preservation Study Act of 1994 - Establishes the Revolutionary War Sites Advisory Commission to: (1) prepare a study of Revolutionary War sites which shall identify their significance, determine threats to their integrity, and provide alternatives for their preservation and interpretation; and (2) report to the Secretary of the Interior and specified congressional committees. Requires the Commission to research and propose innovative open space and land preservation techniques such as designation as units of the National Park System (NPS) or as affiliated areas. Allows the study to include existing NPS units. Authorizes appropriations.

Revolutionary War Historic Preservation Study Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``SSI Disability Benefits Reform Act of 1995''. SEC. 2. REAPPLICATION REQUIREMENTS FOR ADULTS RECEIVING SSI BENEFITS BY REASON OF DISABILITY. (a) In General.--Section 1614(a)(3)(G) of the Social Security Act (42 U.S.C. 1382c(a)(3)(G)) is amended-- (1) by inserting ``(i)'' after ``(G)''; and (2) by adding at the end the following clause: ``(ii) In the case of an individual who has attained 18 years of age and for whom a determination has been made of eligibility for a benefit under this title by reason of disability, the following applies: ``(I) Subject to the provisions of this clause, the determination of eligibility is effective for the 3-year period beginning on the date of the determination, and the eligibility of the individual lapses unless a determination of continuing eligibility is made before the end of such period, and before the end of each subsequent 3-year period. This subclause ceases to apply to the individual upon the individual attaining 65 years of age. This subclause does not apply to the individual if the individual has an impairment that is not expected to improve (or a combination of impairments that are not expected to improve). ``(II) With respect to a determination under subclause (I) of whether the individual continues to be eligible for the benefit (in this clause referred to as a `redetermination'), the Commissioner may not make the redetermination unless the individual submits to the Commissioner an application requesting the redetermination. If such an application is submitted, the Commissioner shall make the redetermination. This subclause is subject to subclause (V). ``(III) If as of the date on which this clause takes effect the individual has been receiving the benefit for three years or less, the first period under subclause (I) for the individual is deemed to end on the expiration of the period beginning on the date on which this clause takes effect and continuing through a number of months equal to 12 plus a number equal to 36 minus the number of months the individual has been receiving the benefit. ``(IV) If as of the date on which this clause takes effect the individual has been receiving the benefit for five years or less, but for more than three years, the first period under subclause (I) for the individual is deemed to end on the expiration of the 1-year period beginning on the date on which this clause takes effect. ``(V) If as of the date on which this clause takes effect the individual has been receiving the benefit for more than five years, the Commissioner shall make redeterminations under subclause (I) and may not require the individual to submit applications for the redeterminations. The first 3-year period under subclause (I) for the individual is deemed to begin upon the expiration of the period beginning on the date on which this clause takes effect and ending upon the termination of a number of years equal to the lowest number (greater than zero) that can be obtained by subtracting the number of years that the individual has been receiving the benefit from a number that is a multiple of three. ``(VI) If the individual first attains 18 years of age on or after the date on which this clause takes effect, the first 3-year period under subclause (I) for the individual is deemed to end on the date on which the individual attains such age. ``(VII) Not later than one year prior to the date on which a determination under subclause (I) expires, the Commissioner shall (except in the case of an individual to whom subclause (V) applies) provide to the individual a written notice explaining the applicability of this clause to the individual, including an explanation of the effect of failing to submit the application. If the individual submits the application not later than 180 days prior to such date and the Commissioner does not make the redetermination before such date, the Commissioner shall continue to provide the benefit pending the redetermination and shall publish in the Federal Register a notice that the Commissioner was unable to make the redetermination by such date. ``(VIII) If the individual fails to submit the application under subclause (II) by the end of the applicable period under subclause (I), the individual may apply for a redetermination. The Commissioner shall make the redetermination for the individual only after making redeterminations for individuals for whom eligibility has not lapsed pursuant to subclause (I).''. (b) Effective Date.--The amendment made by subsection (a) takes effect upon the expiration of the 9-month period beginning on the date of the enactment of this Act. (c) Conforming Repeal.--Section 207 of the Social Security Independence and Program Improvements Act of 1994 (42 U.S.C. 1382 note; 108 Stat. 1516) is hereby repealed. SEC. 3. STRIKING OF RESTRICTIONS REGARDING DETERMINATION OF INELIGIBILITY. Section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a)) is amended by striking paragraph (4). SEC. 4. NARROWING OF SSI ELIGIBILITY ON BASIS OF MENTAL IMPAIRMENTS. (a) In General.--Section 1614(a)(3)(A) of the Social Security Act (42 U.S.C. 1382c(a)(3)(A)) is amended-- (1) by inserting ``(i)'' after ``(3)(A)''; and (2) by adding at the end the following clause: ``(ii) In making determinations under clause (i) regarding the severity of mental impairments, the Secretary shall revise the regulations under subpart P of part 404 of title 20, Code of Federal Regulations in order to accomplish the result that (relative to such regulations as in effect prior to the date on which this clause takes effect) the growth in the enrollment of the program under this title on the basis of mental impairments is slowed. The final rule issued pursuant to the preceding sentence applies to individuals without regard to whether the individuals were receiving benefits under this title prior to the effective date of such rule.''. (b) Final Regulations.--The final rule for the regulations required in subsection (a) shall be issued before the expiration of the 9-month period beginning on the date of the enactment of this Act, and shall take effect upon the expiration of such period.

SSI Disability Benefits Reform Act of 1995 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to: (1) require periodic reapplications with respect to continued receipt of SSI benefits by reason of disability; (2) strike certain restrictions regarding determination of SSI ineligibility; and (3) modify criteria regarding mental impairments.

SSI Disability Benefits Reform Act of 1995

SECTION 1. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE. Title III of the Workforce Investment Act of 1998 (Public Law 105- 220; 112 Stat. 1080) is amended by adding at the end the following: ``Subtitle E--Staffing for Adequate Fire and Emergency Response ``SEC. 351. SHORT TITLE. ``This subtitle may be cited as the `Staffing for Adequate Fire and Emergency Response Act of 2001' or as the `SAFER Act of 2001'. ``SEC. 352. PURPOSES. ``The purposes of this subtitle are-- ``(1) to expand on the firefighter assistance grant program under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229), in order to ensure adequate funding to increase the number of firefighting personnel throughout the Nation; ``(2) to substantially increase the hiring of firefighters so that communities can-- ``(A) meet industry minimum standards for providing adequate protection from acts of terrorism and hazards; and ``(B) enhance the ability of firefighter units to save lives, save property, and effectively respond to all types of emergencies; and ``(3) to promote that substantial increase in hiring by establishing a program of grants, authorized for 7 years, to provide direct funding to States, units of local government, and Indian tribal organizations for firefighter salaries and benefits. ``SEC. 353. DEFINITIONS. ``In this subtitle: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a State, a unit of local government, a tribal organization, or another public entity; or ``(B) a multi-jurisdictional or regional consortia of entities described in subparagraph (A). ``(2) Firefighter.--The term `firefighter' has the meaning given the term `employee in fire protection activities' in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). ``(3) Indian tribe; tribal organization.--The terms `Indian tribe' and `tribal organization' have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). ``(4) Secretary.--The term `Secretary' means the Secretary of Labor, acting after consultation with the Director of the Federal Emergency Management Agency. ``(5) State.--The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``SEC. 354. AUTHORITY TO MAKE GRANTS. ``(a) Definition.--In this section, the term `qualifying entity', used with respect to a fiscal year, means any eligible entity (including a State) that has submitted an application under section 355 for the fiscal year that meets the requirements of this subtitle and such additional requirements as the Secretary may prescribe. ``(b) Grant Authorization.--The Secretary may make grants to eligible entities to pay for the Federal share of the cost of carrying out projects to hire firefighters. ``(c) Minimum Amount.-- ``(1) Amount.--For any fiscal year, the Secretary shall ensure that the qualifying entities in each State shall receive, through grants made under this section, a total amount that is not less than \1/2\ of 1 percent of the amount appropriated under section 362 for the fiscal year. ``(2) Exception.--Paragraph (1) shall not apply for a fiscal year if the Secretary makes a grant under this section to every qualifying entity for the fiscal year. ``(d) Grant Periods.--The Secretary may make grants under this section for periods of 3 years. ``(e) Federal Share.-- ``(1) In general.--The Federal share of the cost of carrying out a project to hire firefighters under this subtitle shall be not more than 75 percent. ``(2) Non-federal share.--The non-Federal share shall be provided-- ``(A) in cash; ``(B) in the case of a State or unit of local government, from assets received through an asset forfeiture program; or ``(C) in the case of a tribal organization or the Bureau of Indian Affairs, from any Federal funds made available for firefighting functions to assist an Indian tribe. ``(3) Waiver.--The Secretary may waive the requirements of paragraphs (1) and (2) for an eligible entity. ``SEC. 355. APPLICATIONS. ``(a) In General.--To be eligible to receive a grant under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may prescribe. ``(b) Contents.--Each such application shall-- ``(1) include a long-term strategy and detailed implementation plan, for the hiring to be conducted under the grant, that reflects consultation with community groups and appropriate private and public agencies and reflects consideration of a statewide strategy for such hiring; ``(2) specify the reasons why the entity is unable to hire sufficient firefighters to address the entity's needs, without Federal assistance; ``(3)(A) specify the average number of firefighters employed by the entity during the fiscal year prior to the fiscal year for which the application is submitted; and ``(B) outline the initial and planned level of community support for implementing the strategy and plan, including the level of financial and in-kind contributions or other tangible commitments; ``(4)(A) specify plans for obtaining necessary support and continuing the employment of a greater number of firefighters than the number specified under paragraph (3)(A), following the conclusion of Federal assistance under this subtitle; and ``(B) include an assurance that the entity will continue the employment of firefighters hired with funds made available through the grant for at least 1 year after the end of the grant period; and ``(5) include assurances that the entity will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in order to increase the ranks of minorities and women within the entity's firefighter units. ``(c) Small Jurisdictions.--Notwithstanding any other provision of this subtitle, the Secretary may waive 1 or more of the requirements of subsection (b), and may make special provisions to facilitate the expedited submission, processing, and approval of an application under this section, for an eligible entity that is a unit of local government, or an eligible entity serving a fire district, that has jurisdiction over an area with a population of less than 50,000. ``(d) Preference.--In awarding grants under this subtitle, the Secretary-- ``(1) shall give preference to a unit of local government; and ``(2) may give preference, where feasible, to an eligible entity that submits an application containing a plan that-- ``(A) provides for hiring (including rehiring) career firefighters; and ``(B) requires the entity to contribute a non- Federal share of more than 25 percent of the cost of carrying out a project to hire the firefighters. ``(e) State and Local Applications.--If a unit of local government for a community, and the State in which the community is located, submit applications under this section for a fiscal year to carry out a project in a community, and the unit of local government and State are qualifying entities under section 354(a), the Secretary-- ``(1) shall make a grant under this subtitle to the unit of local government for that year; and ``(2) shall not make a grant under this subtitle to the State to carry out a project in that community for that year. ``SEC. 356. USE OF FUNDS. ``(a) In General.--An eligible entity that receives a grant under this subtitle shall use the funds made available through the grant to hire career firefighters. The funds may only be used to increase the number of firefighters employed by the agency from the number specified under section 355(b)(3)(A). The funds may be used for salaries and benefits for the firefighters. ``(b) Hiring Costs.-- ``(1) Fiscal year 2002.--For fiscal year 2002, in hiring any 1 firefighter, the entity may not use more than $90,000 of such funds. ``(2) Subsequent years.--For each subsequent fiscal year, in hiring any 1 firefighter, the entity may not use more than $90,000 of such funds, increased or decreased by the same percentage as the percentage by which the Consumer Price Index for All Urban Consumers (United States city average), published by the Secretary of Labor, has increased or decreased by September of the preceding fiscal year from such Index for September 2001. ``(3) Waivers.--The Secretary may waive the requirements of paragraph (1) or (2) for an eligible entity. ``(c) Supplement, not Supplant.--Funds appropriated pursuant to the authority of this subtitle shall be used to supplement and not supplant other Federal, State, and local public funds expended to hire firefighters. ``SEC. 357. TECHNICAL ASSISTANCE. ``The Secretary may provide technical assistance to eligible entities to further the purposes of this Act. ``SEC. 358. MONITORING AND EVALUATIONS. ``(a) Monitoring Components.--Each project funded through a grant made under this subtitle shall contain a monitoring component, developed pursuant to regulations established by the Secretary. The monitoring required by this subsection shall include systematic identification and collection of data about the project throughout the period of the project and presentation of such data in a usable form. ``(b) Evaluation Components.--The Secretary may require that selected grant recipients under this subtitle conduct local evaluations or participate in a national evaluation, pursuant to regulations established by the Secretary. Such local or national evaluations may include assessments of the implementation of different projects. The Secretary may require selected grant recipients under this subtitle to conduct local outcome evaluations to determine the effectiveness of projects under this subtitle. ``(c) Periodic Reports.--The Secretary may require a grant recipient under this subtitle to submit to the Secretary the results of the monitoring and evaluations required under subsections (a) and (b) and such other data and information as the Secretary determines to be reasonably necessary. ``(d) Revocation or Suspension of Funding.--If the Secretary determines, as a result of the monitoring or evaluations required by this section, or otherwise, that a grant recipient under this subtitle is not in substantial compliance with the terms and requirements of an approved grant application submitted under section 355, the Secretary may revoke the grant or suspend part or all of the funding provided under the grant. ``SEC. 359. ACCESS TO DOCUMENTS. ``For the purpose of conducting an audit or examination of a grant recipient that carries out a project under this subtitle, the Secretary and the Comptroller General of the United States shall have access to any pertinent books, documents, papers, or records of the grant recipient and any State or local government, person, business, or other entity, that is involved in the project. ``SEC. 360. REPORT TO CONGRESS. ``Not later than September 30, 2008, the Secretary shall submit a report to Congress concerning the experiences of eligible entities in carrying out projects under this subtitle, and the effects of the grants made under this subtitle. The report may include recommendations for such legislation as the Secretary may consider to be appropriate, which may include reauthorization of this subtitle. ``SEC. 361. REGULATIONS. ``The Secretary may issue regulations to carry out this subtitle. ``SEC. 362. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out this subtitle-- ``(1) $1,000,000,000 for fiscal year 2002;- ``(2) $1,030,000,000 for fiscal year 2003; ``(3) $1,061,000,000 for fiscal year 2004; ``(4) $1,093,000,000 for fiscal year 2005; ``(5) $1,126,000,000 for fiscal year 2006; ``(6) $1,159,000,000 for fiscal year 2007; and ``(7) $1,194,000,000 for fiscal year 2008. ``(b) Availability.--Funds appropriated under subsection (a) for a fiscal year shall remain available until the end of the second succeeding fiscal year.''. SEC. 2. CONFORMING AMENDMENT. The table of contents in section 1(b) of the Workforce Investment Act of 1998 (Public Law 105-220; 112 Stat. 936) is amended, in the items relating to title III, by adding at the end the following: ``Subtitle E--Staffing for Adequate Fire and Emergency Response ``Sec. 351. Short title. ``Sec. 352. Purposes. ``Sec. 353. Definitions. ``Sec. 354. Authority to make grants. ``Sec. 355. Applications. ``Sec. 356. Use of funds. ``Sec. 357. Technical assistance. ``Sec. 358. Monitoring and evaluations. ``Sec. 359. Access to documents. ``Sec. 360. Report to Congress. ``Sec. 361. Regulations. ``Sec. 362. Authorization of appropriations.''.

Staffing for Adequate Fire and Emergency Response Act of 2001 - SAFER Act of 2001 - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to make matching grants for up to 75 percent of the costs of projects to hire firefighters to eligible States, local governments, tribal organizations, or other public entities, or multi-jurisdictional or regional consortia of such entities.

A bill to amend the Workforce Investment Act of 1998 to increase the hiring of firefighters, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health Equity Act''. SEC. 2. FINDINGS. Congress finds that-- (1) all communities and individuals are entitled to protection from occupational and other exposure to substances that are hazardous to the public health; (2) hazardous substances have had a disproportionate impact on the public health of poor and ethnic minority communities and individuals, resulting in exclusion from participation in, denial of benefits under, and discrimination under, programs and activities receiving Federal financial assistance; and (3) each Federal agency has an obligation to ensure that all federally assisted programs and activities that affect human health do not directly or through contractual arrangements use criteria, methods, or practices that cause discrimination on the ground of race, color, or national origin. SEC. 3. PUBLIC HEALTH EQUITY. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end thereof the following new title: ``TITLE XXVII--PUBLIC HEALTH EQUITY ``SEC. 2701. DEFINITIONS. ``As used in this title: ``(1) Activity; program.--The term `program or activity' means any operation of-- ``(A)(i) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or ``(ii) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; ``(B)(i) a college, university, or other postsecondary institution, or a public system of higher education; or ``(ii) a local educational agency (as defined in section 198(a)(10) of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system; ``(C)(i) an entire corporation, partnership, or other private organization, or an entire sole proprietorship-- ``(I) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or ``(II) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or ``(ii) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or ``(D) any other entity which is established by two or more of the entities described in subparagraph (A), (B), or (C); any part of which is extended Federal financial assistance relating to a covered substance. ``(2) Administrator.--The term `Administrator' has the meaning given the term in section 511(7) of the Education for Economic Security Act (20 U.S.C. 4020(7)). ``(3) Covered substance.--The term `covered substance' means-- ``(A) any material subject to the requirements concerning material safety data sheets for chemicals under the Occupational and Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); ``(B) any contaminant identified in title XIV; ``(C) any substance described in section 201(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(q)), and any material registered pursuant to the Act referred to in such section; ``(D) any chemical listed by the National Toxicology Program of the Department of Health and Human Services as a known or probable human carcinogen; and ``(E) any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)) and any chemical subject to section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023). ``SEC. 2702. NONDISCRIMINATION. ``(a) Prohibition of Discrimination.--The President shall ensure that no person shall be excluded from participation in, be denied the benefits of, or be subject to discrimination under, any program or activity, on the ground of race, color, or national origin. ``(b) Promulgation of Regulations.-- ``(1) Subject.--Subject to paragraph (2), the Secretary of Labor, the Secretary of Health and Human Services, the Administrator, and any other head of a Federal agency with responsibility for providing Federal financial assistance to a program or activity shall issue regulations implementing the nondiscrimination requirements described in subsection (a) in accordance with any applicable law. The regulations shall bar acts with discriminatory effects as well as intentionally discriminatory acts. The regulations shall address actions of programs or activities that result in disproportionate exposure to a covered substance on the basis of race, color, or national origin. ``(2) Timetable.--In issuing regulations under paragraph (1)-- ``(A) not later than 180 days after the date of enactment of this Act, each individual described in paragraph (1) shall publish a notice of proposed rulemaking in the Federal Register; ``(B) each individual described in paragraph (1) shall provide a public comment period, subject to section 553 of title 5, United States Code, of 60 days after the publication of the notice of proposed rulemaking required under subparagraph (A); and ``(C) not later than 45 days after the close of the public comment period required under subparagraph (B), each individual described in paragraph (1) shall publish final regulations.''.

Public Health Equity Act - Amends the Public Health Service Act to add a new title, title XXVII: Public Health Equity. Prohibits, under such title, acts with discriminatory effect as well as intentionally discriminatory acts that result in disproportionate exposure to a covered substance on the basis of race, color, or national origin. Defines a covered substance to include certain hazardous materials, substances, contaminants, or chemicals listed, identified, or defined in specified laws.

Public Health Equity Act

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Mowa Band of Choctaw Indians Recognition Act''. (b) Definitions.--For the purposes of this Act: (1) Tribe.--The term ``Tribe'' means the Mowa Band of Choctaws and Mowa Band of Choctaw Indians of Alabama. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. FEDERAL RECOGNITION. Federal recognition is hereby extended to the Mowa Band of Choctaw Indians of Alabama. All Federal laws of general application to Indians and Indian tribes shall apply with respect to the Tribe. SEC. 3. RESTORATION OF RIGHTS. (a) In General.--All rights and privileges of the Tribe which may have been abrogated or diminished before the date of the enactment of this Act by reason of any provision of Federal law that terminated Federal recognition of the Tribe are hereby restored and such Federal law shall no longer apply with respect to the Tribe or the members of the Tribe. (b) Approval of Transfers.--Under the treaties entered into by the ancestors of the Tribe, all historical tribal lands were ceded to the United States. Congress does hereby approve and ratify such cession effective as of the date of the cession and the cession shall be regarded as an extinguishment of all interest of the Tribe, if any, in said lands as of the date of the cession. By virtue of the approval and ratification of the cession of said lands, all claims against the United States, any State or subdivision thereof, or any other person or entity, by the Tribe, including but not limited to, claims for trespass damages or claims for use and occupancy, arising subsequent to the cession and that are based upon any interest in or right involving such land, shall be regarded as extinguished as of the date of the cession. (c) Historical Land Claims.--The Tribe has no historical land claim and cannot and shall not use its Federal recognition to assert any historical land claim. As used herein, ``historical land claim'' means a claim to land based upon a contention that the Tribe, or its ancestors, were the native inhabitants of such land or based upon the Tribe's ``status as native Americans or based upon the Mowa Band of Choctaws'' Federal recognition. (d) Request and Best Interest of Tribe.--Congress finds that the provisions of this section are enacted at the request of the Tribe and are in the best interests of the Tribe. SEC. 4. LANDS. (a) Land Taken Into Trust.--All legal rights, title, and interests in lands that are held by the Tribe on the date of the enactment of this Act are hereby transferred, at the request of the Tribe, to the United States in trust for the use and benefit of the Tribe. (b) Future Lands Into Trust.--(1) Notwithstanding any other provision of law, if the Tribe transfers to the Secretary any interest in lands acquired by the Tribe after the date of the enactment of this Act, the Secretary shall accept such land on behalf of the United States. Such lands shall be held by the United States in trust for the benefit of the Tribe. (2) Notwithstanding any other provision of law, the Attorney General of the United States shall approve any deed or other instrument used to make a conveyance under paragraph (1). (c) Any lands held in trust by the United States for the use and benefit of the Tribe pursuant to this section shall constitute the reservation of the Tribe. (d) Congress finds that the provisions of this section are enacted at the request of the Tribe and are in the best interests of the Tribe. SEC. 5. SERVICES AND BENEFITS. The Tribe, and the members of the Tribe, shall be eligible for all services and benefits that are provided by the Federal Government to Indians because of their status as federally recognized Indians and, notwithstanding any other provision of law, such services and benefits shall be provided after the date of the enactment of this Act to the Tribe, and to the members of the Tribe, without regard to the existence of a reservation for the Tribe or the location of the residence of any member of the Tribe on or near an Indian reservation. SEC. 6. CONSTITUTION AND BYLAWS. (a) In General.--The Tribe may organize for its common welfare and adopt a constitution and bylaws in accordance with regulations prescribed by the Secretary. The Secretary shall offer to assist the Tribe in drafting a constitution and bylaws for the Tribe. (b) Filing With Secretary.--Any constitution, bylaws, or amendments to the constitution or bylaws that are adopted by the Tribe shall take effect only after such constitution, bylaws, or amendments are filed with the Secretary. SEC. 7. MEMBERSHIP. (a) Interim Membership.--Until a constitution for the Tribe is adopted, the membership of the Tribe shall consist of every individual who-- (1) is named in the tribal membership roll that is in effect on the date of the enactment of this Act, or (2) is a descendant of any individual described in paragraph (1). (b) Membership After Adoption of Constitution and Bylaws.--After the adoption of a constitution by the Tribe, the membership of the Tribe shall be determined in accordance with the terms of such constitution or any bylaws adopted under such constitution. SEC. 8. REGULATIONS. The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this Act.

Mowa Band of Choctaw Indians Recognition Act - Extends federal recognition and associated services and benefits to the Mowa Band of Choctaw Indians of Alabama. Restores federal rights and privileges abrogated by earlier statutes. Approves and ratifies the cession to the United States of all historical tribal lands of the Band. Extinguishes all claims against the United States, a state or local government, or any other person or entity, by the Band arising subsequent to such cession, and based upon any interest in or right involving the land. Prohibits the Band from using its federal recognition to assert any historical land claim. Transfers all interests in lands held by the Band upon enactment of this Act to the United States, to be held in trust for the benefit of the Band.

To extend Federal recognition to the Mowa Band of Choctaw Indians of Alabama, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Block Access to North Korea Act of 2016'' or ``BANK Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) North Korea continues to develop a ballistic missile and nuclear weapons program, despite numerous United States and international sanctions, including United Nations Security Council Resolutions 1695, 1718, 1874, 2087, 2094, and 2270, among others. (2) North Korea tested its fifth and largest nuclear device on September 9, 2016. (3) North Korea has increased the pace of its missile testing, including the test of a submarine-launched ballistic missile, potentially furthering the development of a second- strike capability. (4) North Korea has persistently demonstrated an unwillingness to meaningfully negotiate with the United States regarding denuclearization. (5) By its actions and continued investments in its nuclear program, it is clear that the Government of North Korea has no intention to reduce or eliminate its nuclear weapons program. (6) Specialized financial messaging services allow for messaging and contact, including the transfer of funds, between financial institutions. (7) The Central Bank of the Democratic People's Republic of Korea and certain other financial institutions are currently able to avail themselves to financial messaging systems which could be used in funding the North Korean nuclear program. (8) Experts link North Korea to the hacking of specialized financial messaging institutions, resulting in the theft of $81,000,000 from the central bank of Bangledesh. (9) North Korean provocations continue to endanger its citizens, those of United States allies, and those of Americans. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) providers of specialized financial messaging services are a critical link to the international financial system; (2) directly providing specialized financial messaging services to, or enabling or facilitating direct or indirect access to such messaging services for, any financial institution is inconsistent with paragraph 11 of the United Nations Security Council Resolution 2094; and (3) the United States reaffirms its commitment to its allies in the region, including the Republic of Korea and Japan, which are directly threatened by North Korea. SEC. 4. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO THE PROVISION OF SPECIALIZED FINANCIAL MESSAGING SERVICES TO THE CENTRAL BANK OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA AND CERTAIN OTHER FINANCIAL INSTITUTIONS AND SANCTIONED PERSONS. (a) In General.--The President shall impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to a person if, on or after the date that is 90 days after the date of the enactment of this Act, the person continues to knowingly and directly provide specialized financial messaging services to, or knowingly enable or facilitate direct or indirect access to such messaging services for-- (1) the Central Bank of the Democratic People's Republic of Korea; (2) a financial institution that facilitates any transaction or transactions or provides significant financial services for nuclear development or proliferation for or on behalf of North Korea; or (3) a person identified on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury by reason of assisting the nuclear development or proliferation efforts of North Korea. (b) Waiver.--The President may waive the requirement to impose sanctions with respect to a person under subsection (a) if-- (1) the person is subject to a sanctions regime under its governing foreign law that requires it to eliminate the knowing provision of such messaging services to, and the knowing enabling and facilitation of direct or indirect access to such messaging services for, the Central Bank of the Democratic People's Republic of Korea, any financial institution described in subsection (a)(2), and any person described in subsection (a)(3); (2) the person has, pursuant to that sanctions regime, terminated the knowing provision of such messaging services to, and the knowing enabling and facilitation of direct or indirect access to such messaging services for, the Central Bank of the Democratic People's Republic of Korea, any financial institution described in subsection (a)(2), and any person described in subsection (a)(3); and (3) the President determines that such a waiver is in the national interest of the United States. (c) Clarification.--For purposes of this section, enabling or facilitating direct or indirect access to specialized financial messaging services for the Central Bank of the Democratic People's Republic of Korea, a financial institution described in subsection (a)(2), or a person described in subsection (a)(3) includes doing so by serving as an intermediary financial institution with access to such messaging services.

Block Access to North Korea Act of 2016 or BANK Act of 2016 This bill requires the President to impose sanctions pursuant to the International Emergency Economic Powers Act, with specified waiver authority, against a person that continues to knowingly and directly provide specialized financial messaging services to, or to knowingly enable or facilitate access to such messaging services for: the Central Bank of the Democratic People's Republic of Korea (North Korea), a financial institution that facilitates any transaction or provides significant financial services for nuclear development or proliferation on North Korea's behalf, or a person identified on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Assets Control for assisting North Korea's nuclear development or proliferation efforts.

BANK Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Reform Act of 2003''. SEC. 2. ESTABLISHMENT. There is established a national commission to be known as the ``Government Reform Commission''. SEC. 3. DEFINITIONS. In this Act: (1) The term ``Commission'' means the Government Reform Commission. (2) The term ``documents'' means books, records, papers, accounts, transcripts, transcriptions, and reports, in whatever form or medium they may be preserved. (3) The term ``executive agency'' has the meaning given the term in section 105 of title 5, United States Code. (4) The term ``member'' means a member of the Commission. SEC. 4. MEMBERSHIP. (a) Numbers, Appointment, and Qualifications.--The Commission shall be composed of 12 members, appointed by the President, from among persons who possess-- (1) a degree or an advanced degree in the field of business management or public administration; or (2) a significant background in business supervision, management, and administration. (b) Consultation.--Of the members appointed under subsection (a)-- (1) one member shall be appointed following consultation with the Speaker of the House of Representatives; (2) one member shall be appointed following consultation with the minority leader of the House of Representatives; (3) one member shall be appointed following consultation with the President pro Tempore of the Senate; and (4) one member shall be appointed following consultation with the minority leader of the Senate. (c) Additional Requirements.--The members shall also satisfy the following additional requirements: (1) Each member shall be a United States citizen and shall reside in the United States. (2) Not more than four members shall be from the same political party, excluding those members appointed following consultation required under subsection (b). (3) A member may not currently hold or have held within the preceeding five years any paid position with any local or State government or executive agency. (4) A member may not be a party to an ongoing and continuing contract with any local or State government or executive agency, or be an employee of an entity that is a party to such a contract. (5) A member may not be a lobbyist, as defined by either State or Federal law at the time of the appointment of the member. (d) Operation.-- (1) Appointment.--Members shall be appointed not later than 30 days from the date of enactment of this Act. (2) Chairperson.--The President shall designate one member to serve as chairperson of the Commission. (3) Terms.--Each member shall be appointed for a term of two years and may be reappointed for a second term of two years. No member shall serve more than four years on the Commission. (4) Quorum.--Six members shall constitute a quorum for the purpose of conducting a session of the Commission, but a lesser number may conduct hearings. (5) Compensation.--Members shall serve without pay, but members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (6) Professional staff.--The Commission may employ, pursuant to laws and regulations governing the civil service, an executive secretary and any clerical, professional, and technical assistants as may be necessary. (7) Mandatory resignation.--In the event that a member accepts a position as an officer or employee of any local or State government or executive agency, the member shall resign from the Commission within 30 days from the date the member accepts such position. (8) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. The appointment of the replacement member shall be made not later than 30 days after the date on which the vacancy occurs. SEC. 5. DUTIES, RESPONSIBILITIES, AND POWERS. (a) Review of Executive Agencies.-- (1) In general.--The Commission shall-- (A) examine the current configuration of executive agencies and investigate their duties and responsibilities; and (B) review the operational jurisdictions of executive agencies to determine whether areas of overlap exist and whether the mission of any agency has become obsolete. (2) Process.--As part of the review under paragraph (1), the Commission shall identify and address-- (A) opportunities for increasing efficiency and reducing costs in executive agencies as a result of executive action or legislation; (B) areas within executive agencies where managerial accountability can be enhanced and administrative control can be improved; (C) any Federal programs that have accomplished their original objectives and should be terminated; (D) any Federal services that could be provided at lower cost by the private sector; (E) budget process reforms that could yield savings, increase accountability and efficiency, and enhance public confidence in the budget process; and (F) areas for further study based on likelihood for potential savings. (b) Review of Prior Reform Efforts.-- (1) In general.--The Commission shall review existing Government Accounting Office, Congressional Budget Office, and Inspector General reports, together with any other existing governmental and nongovernmental recommendations, including recommendations offered by the President's Private Sector Survey on Cost Control, for reducing waste in executive agencies. (2) Reports.--Based on the review under paragraph (1), the Commission shall periodically submit to the President and Congress reports which shall include the following: (A) A list of such recommendations to reduce waste in executive agencies that the Commission determines are most significant. (B) The estimated cost savings of the recommendations. (C) A determination of whether the recommendations can be implemented by executive order or whether they instead require legislative action. (c) Proposed Reorganization Plan.-- (1) In general.--Upon completion of the reviews required under subsections (a) and (b), but not later than July 15, 2004, the Commission shall submit to the President and Congress a proposed reorganization plan for executive agencies. The proposed reorganization plan shall provide for the realignment or closure of executive agencies to reduce duplication of services and increase productivity. (2) Visitation.--The Commission may not recommend an executive agency for realignment or closure unless at least one member has visited the executive agency prior to January 1, 2004, as part of the review conducted under subsection (a). (3) Transmittal.--The Commission shall transmit a copy of the proposed reorganization plan to the Director of the Office of Management and Budget, who shall prepare and issue a public report that details the predicted savings in Federal expenditures that would result from implementing the reorganization plan. (d) Hearings and Sessions.-- (1) In general.--The Commission shall meet in session at least once per month at the call of the chairperson. Additionally, as part of its review process, the Commission shall conduct three public hearings across the United States. The final hearing shall be held in Washington, D.C., not later than March 1, 2004. (2) Additional powers.--The Commission may-- (A) meet at additional times and places that it may consider appropriate; (B) issue subpoenas to compel the attendance of witnesses and the production of documents; (C) administer oaths; and (D) contract, as it considers appropriate, for the provision of services, facilities, studies, and reports that will assist the Commission in carrying out its duties, responsibilities, and powers. SEC. 6. PRESIDENTIAL ACTION ON REORGANIZATION PLAN. (a) Presidential Consideration.--No later than August 1, 2004, the President shall act on the proposed reorganization plan submitted by the Commission, either by approving the plan without alteration or amendment, or by returning the plan to the Commission for review. If the President returns the plan to the Commission, the President shall include such proposed revisions to the plan as the President considers appropriate. (b) Review and Revision.--If the proposed reorganization plan is returned to the Commission for revision, the Commission shall have 30 days in which to review the Presidential recommendations submitted under subsection (a) and to revise the plan. The Commission may, at its discretion, incorporate any recommendations proposed by the President to the plan. (c) Resubmission.--At the conclusion of the 30-day period, the Commission shall resubmit the reorganization plan to the President and Congress and retransmit a copy of such plan to the Director of the Office of Management and Budget. The Director shall prepare and issue a revised public report that details the predicted savings in federal expenditures that would result from implementing the revised reorganization. (d) Effect of Rejection.--If the President rejects the resubmitted reorganization plan, such rejection shall conclude the reorganization process for the year under this Act. The Commission may, following reconsideration and at least one public hearing, resubmit a revised reorganization plan in the following year. SEC. 7. CONGRESSIONAL ACTION ON REORGANIZATION PLAN. (a) Submission to Congress.--If the President approves the proposed reorganization plan submitted by the Commission, the President shall submit the reorganization plan, free of alterations or amendments, to Congress. (b) Effective Date.-- (1) Congressional consideration.--The reorganization plan submitted under subsection (a) shall be deemed to be a reorganization plan submitted under chapter 9 of title 5, United States Code, except that the reorganization plan shall take effect on the first day following 60 calendar days of continuous session of Congress, beginning on the date on which the plan is submitted, or a later date as may be provided by the plan, unless Congress enacts a joint resolution rejecting the reorganization plan. (2) Suspension of section.--This Act shall be valid for all intents and purposes notwithstanding section 905(b) of title 5, United States Code. (c) Reorganization.--Unless the reorganization plan is rejected as provided in subsection (b), those executive agencies recommended for realignment or closure in the reorganization plan shall be realigned or closed beginning as soon as practicable after the effective date of the reorganization plan, and completed within three years after the effective date. SEC. 8. TERMINATION. The Commission shall terminate at the end of the 30-day period beginning on the effective date of the reorganization plan or the date a joint resolution rejecting the reorganization plan is enacted. SEC. 9. FUNDING AND SUPPORT. The Commission shall be funded, staffed, and equipped without cost to the Federal Government. To accomplish this objective, the Secretary of Commerce shall engage in a joint project with a nonprofit organization in accordance with the first section of Public Law 91-412 (15 U.S.C. 1525).

Government Reform Act of 2003 - Establishes a Government Reform Commission to: (1) examine the current configuration of executive agencies and investigate their duties and responsibilities; (2) review agency operational jurisdictions to determine whether areas of overlap exist and whether the mission of any agency has become obsolete; (3) review and report to the President and Congress on existing Government Accounting Office, Congressional Budget Office, and Inspector General reports, together with any other existing governmental and nongovernmental recommendations, including those offered by the President's Private Sector Survey on Cost Control, for reducing waste in executive agencies; (4) submit to the President and Congress a proposed reorganization plan which shall provide for the realignment or closure of executive agencies to reduce duplication of services and increase productivity; and (5) transmit a copy of the plan to the Director of the Office of Management and Budget, who shall issue a public report detailing the predicted savings in Federal expenditures that would result from implementing such plan.Sets forth separate provisions for presidential and congressional consideration of and actions on the proposed reorganization plan.

To create a national commission, modeled after the successful Defense Base Closure and Realignment Commission, to establish a timely, independent, and fair process for realigning or closing outdated, ineffective, or inefficient executive agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Emergency and Enforcement Authority Act''. SEC. 2. EMERGENCY ORDERS RELATED TO COMPLIANCE DURING AN EMERGENCY. Section 12(k) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k) is amended-- (1) in paragraph (2)(A)(iii)-- (A) in subclause (I), by striking ``; or'' and inserting a semicolon; (B) in subclause (II), by striking the period and inserting ``; or''; and (C) by inserting after subclause (II) the following: ``(III) the ability of investors, issuers, brokers or dealers, transfer agents, investment advisers, or other market participants to conduct securities activities or comply with filing, reporting, delivery, or other obligations under the securities laws in a timely, orderly, or efficient manner.''; and (2) in paragraph (7)(A)(ii)-- (A) in subclause (I), by striking ``; or'' and inserting a semicolon; (B) in subclause (II), by striking ``; and'' and inserting ``; or''; and (C) by inserting after subclause (II) the following: ``(III) the ability of investors, issuers, brokers or dealers, transfer agents, investment advisers, or other market participants to conduct securities activities or comply with filing, reporting, delivery, or other obligations under the securities laws in a timely, orderly, or efficient manner; and''. SEC. 3. NATIONWIDE SERVICE OF PROCESS. (a) Securities Act of 1933.--Section 22(a) of the Securities Act of 1933 (15 U.S.C. 77v(a)) is amended by inserting after the second sentence the following: ``In any action or proceeding instituted by the Commission under this title in a United States district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district. Such subpoenas may be served and enforced without application to the court or a showing of cause, notwithstanding the provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil Procedure.''. (b) Securities Exchange Act of 1934.--Section 27 of the Securities Exchange Act of 1934 (15 U.S.C. 78aa) is amended by inserting after the third sentence the following: ``In any action or proceeding instituted by the Commission under this title in a United States district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district. Such subpoenas may be served and enforced without application to the court or a showing of cause, notwithstanding the provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil Procedure.''. (c) Investment Company Act of 1940.--Section 44 of the Investment Company Act of 1940 (15 U.S.C. 80a-43) is amended by inserting after the fourth sentence the following: ``In any action or proceeding instituted by the Commission under this title in a United States district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district. Such subpoenas may be served and enforced without application to the court or a showing of cause, notwithstanding the provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil Procedure.''. (d) Investment Advisers Act of 1940.--Section 214 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-14) is amended by inserting after the third sentence the following: ``In any action or proceeding instituted by the Commission under this title in a United States district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district. Such subpoenas may be served and enforced without application to the court or a showing of cause, notwithstanding the provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil Procedure.''.

Enhanced Emergency and Enforcement Authority Act - Amends the Securities Exchange Act of 1934 to empower the Securities and Exchange Commission (SEC) to reduce, eliminate, or prevent substantial disruption by an emergency of the ability of market participants to conduct securities activities or comply with obligations under the securities laws in a timely, orderly, or efficient manner. Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Company Act of 1940 to provide that, in any action or proceeding instituted by the SEC in federal district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district (thus granting the SEC nationwide service of process).

To provide additional emergency and enhanced enforcement authority to the Securities and Exchange Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Exclusion and Asylum Reform Amendments of 1993''. SEC. 2. ADMISSIONS FRAUD. (a) Exclusion for Fraudulent Documents and Failure To Present Documents.--Section 212(a)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)) is amended-- (1) by striking ``(C) Misrepresentation'' and inserting in lieu thereof the following: ``(C) Fraud, misrepresentation, and failure to present documents''; (2) by adding at the end the following new clause: ``(iii) Fraudulent documents and failure to present documents.-- ``(I) Any alien who, in seeking entry to the United States or boarding a common carrier for the purpose of coming to the United States, presents any document which, in the determination of the immigration officer, is forged, counterfeit, altered, falsely made, stolen, or inapplicable to the alien presenting the document, or otherwise contains a misrepresentation of a material fact, is excludable. ``(II) Any alien who, in boarding a common carrier for the purpose of coming to the United States, presents a document that relates or purports to relate to the alien's eligibility to enter the United States, and fails to present such document to an immigration officer upon arrival at a port of entry into the United States, is excludable.''. (b) Availability of Asylum and Other Discretionary Relief.-- (1) Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding at the end the following new subsection: ``(e)(1) Application of Fraud Exclusion.--Notwithstanding subsection (a) and except as provided in paragraph (2), any alien who is excludable under section 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i) may not apply for or be granted asylum. ``(2) Exception.--The limitation under paragraph (1) shall not apply if the action upon which the exclusion is based was pursuant to direct departure from a country in which (A) the alien has a credible fear of persecution, or (B) there is a significant danger that the alien would be returned to a country in which the alien would have a credible fear of persecution. ``(3) Definition.--As used in this subsection, the term `credible fear of persecution' means (A) that it is more probable than not that the statements made by the alien in support of his or her claim are true, and (B) that there is a significant possibility, in light of such statements and of such other facts as are known to the officer about country conditions, that the alien could establish eligibility as a refugee within the meaning of section 101(a)(42)(A).''. (2) Section 212(c) of the Immigration and Nationality Act (8 U.S.C. 1182(c)) is amended in the third sentence by inserting before the period ``or to any alien who is excludable pursuant to section 212(a)(6)(C)(iii)''. SEC. 3. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS. Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended to read as follows: ``(b) Inspection and Exclusion by Immigration Officers.-- ``(1) An immigration officer shall inspect each alien who is seeking entry to the United States. ``(2)(A) If the examining immigration officer determines that an alien seeking entry-- ``(i)(I) is excludable under section 212(a)(6)(C)(iii), or ``(II) is excludable under section 212(a)(7)(A)(i), ``(ii) does not have any reasonable basis for legal entry into the United States, and ``(iii) does not indicate an intention to apply for asylum under section 208, the alien shall be specially excluded from entry into the United States without a hearing. ``(B) The examining immigration officer shall refer to an immigration officer, specially trained to conduct interviews and make determinations bearing on eligibility for asylum, any alien who is (i) excludable under section 212(a)(6)(C)(iii) or section 212(a)(7)(A) (i) and (ii) who has indicated an intention to apply for asylum. Such an alien shall not be considered to have entered the United States for purposes of this Act. ``(C) An alien under subparagraph (B) who is determined by an immigration officer, specially trained to conduct interviews and make determinations bearing on eligibility for asylum, to be excludable and ineligible for the exception under section 208(e)(2), shall be specially excluded and deported from the United States without further hearing. ``(3)(A) Except as provided in subparagraph (B), if the examining immigration officer determines that an alien seeking entry is not clearly and beyond a doubt entitled to enter, the alien shall be detained for a hearing before an immigration judge. ``(B) The provisions of subparagraph (A) shall not apply-- ``(i) to an alien crewman, ``(ii) to an alien described in paragraph (2)(A) or (2)(C), or ``(iii) if the conditions described in section 273(d) exist. ``(4) The decision of the examining immigration officer, if favorable to the admission of any alien, shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien, whose privilege to enter is so challenged, before an immigration judge for a hearing on exclusion of the alien. ``(5) The Attorney General shall establish procedures that ensure that aliens are not specially excluded under paragraph (2)(A) without an inquiry into their reasons for seeking entry into the United States. ``(6)(A) Subject to subparagraph (B), an alien has not entered the United States for purposes of this Act unless and until such alien has been inspected and admitted by an immigration officer pursuant to this subsection. ``(B) An alien who (i) is physically present in the United States, (ii) has been physically present in the United States for a continuous period of one year, and (iii) has not been inspected and admitted by an immigration officer may be said to have entered the United States without inspection. Such an alien is subject to deportation pursuant to section 241(a)(1)(B).''. SEC. 4. JUDICIAL REVIEW. Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) (as amended by section 3) is amended by adding after subsection (c) the following new subsections: ``(d) Habeas Corpus Review.--Notwithstanding any other provision of law, no court shall have jurisdiction to review, except by petition for habeas corpus, any determination made with respect to an alien found excludable pursuant to section 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i). In any such case, review by habeas corpus shall be limited to examination of whether the petitioner (1) is an alien, and (2) was ordered excluded from the United States pursuant to section 235(b)(2). ``(e) Other Limits on Judicial Review and Action.--Notwithstanding any other provision of law, no court shall have jurisdiction (1) to review the procedures established by the Attorney General for the determination of exclusion pursuant to section 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i), or (2) to enter declaratory or injunctive relief with respect to the implementation of subsection (b)(2). Regardless of the nature of the suit or claim, no court shall have jurisdiction except by habeas corpus petition as provided in subsection (d) to consider the validity of any adjudication or determination of special exclusion or to provide declaratory or injunctive relief with respect to the special exclusion of any alien. ``(f) Collateral Enforcement Proceedings.--In any action brought for the assessment of penalties for improper entry or re-entry of an alien under section 275 or 276, no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion, special exclusion, or deportation entered under sections 235, 236, and 242.''. SEC. 5. CONFORMING AMENDMENTS. Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended-- (1) in the second sentence of paragraph (1) by striking out ``Deportation'' and inserting in lieu thereof ``Subject to section 235(b)(2), deportation''; and (2) in the first sentence of paragraph (2) by striking out ``If'' and inserting in lieu thereof ``Subject to section 235(b)(2), if''. SEC. 6. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING. Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)) is amended by striking ``five years'' and inserting ``ten years''. SEC. 7. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to aliens who arrive in or seek admission to the United States on or after such date.

Exclusion and Asylum Reform Amendments of 1993 - Amends the Immigration and Nationality Act to create grounds for exclusion of an alien who: (1) uses or attempts to use a fraudulent document to enter the United States, or to board a common carrier for such purpose; or (2) uses a document to board a common carrier and then fails to present such document to an immigration official upon arrival at a U.S. port of entry. Prohibits the granting of asylum to an alien who is found to be using fraudulent entry documents or who fails to present entry-related documents, unless a specially trained immigration officer determines such actions were pursuant to departure from a country in which: (1) the alien had a credible fear of persecution; or (2) there was a significant danger that the alien would be returned to a country in which he or she would have a credible fear of persecution. Provides for port of entry exclusion and deportation without administrative or judicial appeal (except by a limited petition of habeas corpus) for such admission document fraud. Increases penalties for certain alien smuggling offenses.

Exclusion and Asylum Reform Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm-to-Fuel Investment Act of 2007''. SEC. 2. BIOENERGY TRANSITION ASSISTANCE. (a) Definitions.--Section 9003(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103(b)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (5) through (7), respectively; and (2) by inserting after paragraph (1) the following: ``(2) Bioenergy crop.-- ``(A) In general.--The term `bioenergy crop' means-- ``(i) a perennial plant that can be used as feedstock for bioenergy production; or ``(ii) an annual plant that-- ``(I) can be used as feedstock for bioenergy production; and ``(II) is grown in a resource- conserving crop rotation. ``(B) Exclusions.--The term `bioenergy crop' does not include-- ``(i) any crop that is eligible for any payments under title I; or ``(ii) any plant that-- ``(I) the Secretary determines to be invasive or noxious; or ``(II) has the potential to become invasive or noxious, as determined by the Secretary, in consultation with the United States Fish and Wildlife Service or a State conservation agency. ``(3) Bioenergy cropshed.--The term `bioenergy cropshed' means a bioenergy cropshed designated by the Secretary under subsection (g)(1). ``(4) Bioenergy producer.--The term `bioenergy producer' means a producer that produces a bioenergy crop that, as determined by the Secretary-- ``(A) is physically located in a bioenergy cropshed; and ``(B) can be used by the local biorefinery.''. (b) Bioenergy Transition Assistance.--Section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended-- (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following: ``(g) Bioenergy Transition Assistance.-- ``(1) Designation of bioenergy cropsheds.-- ``(A) In general.--The Secretary shall designate as bioenergy cropsheds, areas that are physically located within, as determined by the Secretary-- ``(i) a 50-mile radius of an existing or planned biorefinery; or ``(ii) some other economically-practicable distance from an existing or planned biorefinery. ``(B) Specific conservation objectives.--Each bioenergy cropshed designated under subparagraph (A) shall include specific conservation objectives for local resources of concern, including water quality, wildlife habitat, soil quality, and air quality, as determined by the Secretary, acting through the Natural Resources Conservation Service and in consultation with State technical committees. ``(C) Priority.--In designating bioenergy cropsheds under subparagraph (A), the Secretary shall give priority to-- ``(i) locations in which the establishment of bioenergy cropsheds is most likely, as determined by the Secretary, to result in-- ``(I) geographic diversity; ``(II) diversity of feedstocks; ``(III) net environmental benefit; and ``(IV) minimal environmental harm; and ``(ii) areas in which the existing or planned biorefinery is owned primarily by residents of a rural area. ``(2) Bioenergy crop transition assistance.-- ``(A) In general.--The Secretary, acting through the Natural Resources Conservation Service, shall offer to enter into contracts with producers on a farm in a bioenergy cropshed to provide bioenergy crop transition assistance to encourage the producers to produce bioenergy crops for a biorefinery located in the bioenergy cropshed. ``(B) Term of contract.--Contracts described in subparagraph (A) shall be for a term of 3 years. ``(3) Eligibility.-- ``(A) In general.--As a condition of entering into a bioenergy crop transition assistance contract, the producers on a farm shall, as determined by the Secretary-- ``(i) demonstrate that the producers are producing a bioenergy crop that is contracted for use by the biorefinery in the bioenergy cropshed; ``(ii) agree to meet the quality criteria for water quality, wildlife habitat, and soil quality by the end of the contract period; and ``(iii) agree to make available to the Secretary (or to an institution of higher education designated by the Secretary) such information as the Secretary considers to be appropriate-- ``(I) to promote the production of bioenergy crops and the development of biorefinery technology; and ``(II) to evaluate the bioenergy transition assistance. ``(B) Best practices database.--Subject to section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276), the Secretary shall make available to the public in a database format the best practices information developed by the Secretary in providing bioenergy transition assistance. ``(4) Amount of payments.--In determining the amount of annual bioenergy crop transition assistance to be paid to producers on a farm under this subsection, the Secretary shall consider-- ``(A) the cost of establishing the bioenergy crop; ``(B) the amount necessary to encourage producers on a farm to produce bioenergy crops in the quantity needed by the biorefinery in the bioenergy cropshed; ``(C) the amount that the producers on a farm would have earned if the producers had produced a crop other than a bioenergy crop; and ``(D) such other factors as the Secretary considers to be appropriate. ``(5) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $350,000,000 for the period of fiscal years 2008 through 2012, to remain available until expended.''. (c) Conforming Amendments.--Section 1770(d) of the Food Security Act of 1985 (7 U.S.C. 2276(d)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) section 9003(g) of the Farm Security and Rural Investment of 2002 (7 U.S.C. 8103(g))''. SEC. 3. CONSERVATION SECURITY PROGRAM. (a) Definition of Bioenergy Crops.--Section 1238 of the Food Security Act of 1985 (16 U.S.C. 3838) is amended-- (1) by redesignating paragraphs (3) through (15) as paragraphs (5) through (17), respectively; and (2) by inserting after paragraph (2) the following: ``(3) Bioenergy crop.--The term `bioenergy crop' has the meaning given the term in section 9003(b) of the Farm Security and Rural Investment of 2002 (7 U.S.C. 8103(b)). ``(4) Bioenergy producer.--The term `bioenergy producer' has the meaning given the term in section 9003(b) of the Farm Security and Rural Investment of 2002 (7 U.S.C. 8103(b)).''. (b) Conservation Security Contracts.--Section 1238C(b)(1)(C)(iii) of the Food Security Act of 1985 (16 U.S.C. 3838c(b)(1)(C)(iii)) is amended-- (1) in subclause (IV), by striking ``or'' at the end; (2) in subclause (V), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(VI) is a bioenergy producer and maintains and actively manages a conservation system that incorporates 2 or more native perennial bioenergy crop species; or ``(VII) is a bioenergy producer and participates in a bioenergy crop system research and demonstration project.''.

Farm-to-Fuel Investment Act of 2007 - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary of Agriculture to designate as bioenergy cropsheds areas that are physically located within a 50-mile radius, or some other economically-practicable distance, from an existing or planned biorefinery. States that each designated bioenergy cropshed shall include local conservation objectives, including water quality, wildlife habitat, soil quality, and air quality. Directs the Secretary, through the Natural Resources Conservation Service, to offer to enter into contracts with producers on a farm in a bioenergy cropshed to provide bioenergy crop transition assistance to encourage the producers to produce bioenergy crops.

A bill to amend the Farm Security and Rural Investment Act of 2002 to provide incentives for the production of bioenergy crops.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rocky Flats Environmental Technology Site Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Covenant not to sue.--The term ``covenant not to sue'' means-- (A) a covenant not to sue under section 122(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622(f)); and (B) any similar covenant by the State of Colorado. (2) Essential mineral right.-- (A) In general.--The term ``essential mineral right'' means a right to a mineral identified as necessary to transition Rocky Flats to a National Wildlife Refuge by-- (i) the Secretary; and (ii) the Secretary of the Interior. (B) Inclusion.--The term ``essential mineral right'' may include a right to a mineral referred to in section VIII(A) of the draft memorandum of understanding between the Department of the Interior and the Department of Energy, dated March 22, 2005 (70 Fed. Reg. 14455). (3) Fair market value.--The term ``fair market value'' means the value of a mineral right, as determined by an appraisal performed by an independent, certified mineral appraiser under the Uniform Standards of Professional Appraisal Practice. (4) Natural resource damage liability.--The term ``natural resource damage liability'' means natural resource damage liability under section 107(a)(4)(C) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)(4)(C)). (5) Rocky flats.--The term ``Rocky Flats'' means the Department of Energy facility in the State of Colorado known as the ``Rocky Flats Environmental Technology Site''. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. (7) Trustees.--The term ``Trustees'' means the Federal and State officials designated as trustees under section 107(f)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(2)). SEC. 3. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE. (a) Purchase of Essential Mineral Rights.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall use amounts made available under subsection (b) to purchase essential mineral rights at Rocky Flats. (2) Conditions.--The Secretary shall not purchase an essential mineral right under paragraph (1) unless-- (A) the owner of the essential mineral right is a willing seller; (B) the Secretary purchases the essential mineral right at fair market value; and (C)(i) the Trustees enter into a natural resources damage settlement providing that the purchase of essential mineral rights satisfies any existing or potential natural resource damage liability claim arising from releases of hazardous substances identified in the administrative record for the site as of the date of enactment of this Act; and (ii) the settlement includes a covenant not to sue. (3) Limitation.--The Secretary shall purchase essential mineral rights under paragraph (1) and satisfy any obligation of the Secretary under a settlement of a natural resource damage claim at Rocky Flats under section 122(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622(f)) using only funds made available under subsection (b). (4) Unwilling sellers.--If an owner of an essential mineral right refuses to sell the right to the Secretary at fair market value, the Secretary may satisfy any natural resource damage liability obligation of the Secretary to the Trustees by paying to the Trustees an amount equal to the fair market value of the essential mineral right owned by the unwilling seller as part of a settlement of a natural resource damage claim under section 122(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622(f)). (5) Release from liability.--Notwithstanding any other law, any claim for damage to a natural resource under section 107(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)) shall be considered to be satisfied by-- (A) a purchase by the Secretary of an essential mineral right under paragraph (1); or (B) a payment by the Secretary to the Trustees under paragraph (4). (6) Exemption from national environmental policy act.--A purchase of an essential mineral right under this subsection shall be exempt from the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2006.

Rocky Flats Environmental Technology Site Act of 2005 - Instructs the Secretary of Energy to purchase essential mineral rights at the Department of Energy facility, Colorado, known as the Rocky Flats Environmental Technology Site. Includes among conditions for such purchase that certain federal and state officials designated as trustees enter into a natural resources damage settlement providing that the purchase of essential mineral rights satisfies any existing or potential natural resource damage liability claim arising from releases of certain hazardous substances. Requires the settlement to include a covenant not to sue.

A bill to authorize the Secretary of Energy to purchase certain essential mineral rights as part of a comprehensive natural resource damage settlement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Education and Training Act of 1994''. SEC. 2. FLIGHT TRAINING. (a) Active Duty Program.--Section 3034(d) of title 38, United States Code, is amended-- (1) by striking out paragraph (2); (2) by striking out ``(d)(1)'' and inserting in lieu thereof ``(d)''; and (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively. (b) Post-Vietnam Era.--Section 3241(b) of such title is amended-- (1) by striking out paragraph (2); (2) by striking out ``(b)(1)'' and inserting in lieu thereof ``(b)''; and (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively. (c) Reserve Program.--Section 2136(c) of title 10, United States Code, is amended-- (1) by striking out paragraph (2); (2) by striking out ``(c)(1)'' and inserting in lieu thereof ``(c)''; and (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively. SEC. 3. TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES. (a) Rehabilitation Resources.--Section 3115 of title 38, United States Code, is amended-- (1) in subsection (a)(1), by striking ``assistance,'' and inserting in lieu thereof ``assistance or any federally recognized Indian tribe,''; (2) in subsection (a)(4), by inserting ``any federally recognized Indian tribe,'' after ``contributions,''; and (3) by adding at the end the following: ``(c) As used in this section, the term `federally recognized Indian tribe' means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.''. (b) Allowances.--Section 3108(c)(2) of such title is amended by inserting ``or federally recognized Indian tribe'' after ``local government agency''. (c) Technical Correction.--(1) Section 404(b) of the Veterans' Benefits Act of 1992 (106 Stat. 4338) is amended by striking out the period at the end thereof and inserting in lieu thereof ``, but shall not apply to veterans and other persons who originally applied for assistance under chapter 31 of title 38, United States Code, before November 1, 1990.''. (2) The amendment made by paragraph (1) shall take effect as of October 29, 1992. SEC. 4. ALTERNATIVE TEACHER CERTIFICATION PROGRAMS. (a) In General.--Section 3452(c) of title 38, United States Code, is amended by adding at the end the following: ``For the period ending on September 30, 1996, such term includes entities that provide training required for completion of any State-approved alternative teacher certification program (as determined by the Secretary).''. (b) Clarifying Amendment.--Section 3002 of title 38, United States Code, is amended by adding at the end thereof the following: ``(8) The term `educational institution' has the meaning given such term in section 3452(c) of this title.''. (c) Effective Date.--The amendments made by this section shall be effective on the date of enactment of this Act. SEC. 5. EDUCATION OUTSIDE THE UNITED STATES. (a) In General.--The first sentence of section 3476 of title 38, United States Code, is amended to read as follows: ``An eligible veteran may not enroll in any course offered by an educational institution not located in a State unless that educational institution is an approved institution of higher learning and the course is approved by the Secretary.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to courses approved on or after the date of the enactment of this Act. SEC. 6. CORRESPONDENCE COURSES. (a) Approval of Programs of Education.--(1) Section 3672 of title 38, United States Code, is amended by adding at the end the following: ``(e) A program of education exclusively by correspondence, and the correspondence portion of a combination correspondence-residence course leading to a vocational objective, that is offered by an educational institution (as defined in section 3452(c) of this title) may be approved only if (1) the educational institution is accredited by an agency recognized by the Secretary of Education, and (2) at least 50 percent of those pursuing such a program or course require six months or more to complete the program or course.''. (2)(A) Section 3675(a)(2)(B) of such title is amended by striking out ``A State'' and inserting in lieu thereof ``Except as provided in section 3672(e), a State''. (B) Section 3680(a) of such title is amended-- (i) by striking out ``; or'' at the end of paragraph (3) and inserting in lieu thereof a period; and (ii) by striking out paragraph (4). (C) Section 3686(c) of such title is amended by striking out ``(other than one subject to the provisions of section 3676 of this title)''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to programs of education exclusively by correspondence and to correspondence-residence courses commencing after 90 days after the date of the enactment of this Act. SEC. 7. STATE APPROVING AGENCIES. (a) Reimbursement.--(1) Section 3674(a)(4) of title 38, United States Code, is amended by striking out ``$12,000,000'' each place it appears and inserting in lieu thereof ``$13,000,000''. (2) The amendment made by subsection (a) shall apply with respect to services provided under such section after September 30, 1994. (b) Elimination of Report to Congress Requirement.--Section 3674(a)(3) of such title is amended-- (1) by striking out subparagraph (B); and (2) by striking out ``(3)(A)'' and inserting in lieu thereof ``(3)''. (c) Evaluation of Agency Performance.--Section 3674A(a) of such title is amended by striking out paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. SEC. 8. MEASUREMENT OF COURSES. Section 3688(b) of title 38, United States Code, is amended-- (1) by striking out ``this chapter or'' and inserting in lieu thereof ``this chapter,''; and (2) by inserting before the period at the end thereof the following: ``, or chapter 106 of title 10''. SEC. 9. VETERANS' ADVISORY COMMITTEE ON EDUCATION. Section 3692 of title 38, United States Code, is amended-- (1) in subsections (a) and (b)-- (A) by striking out ``34,'' both places it appears; and (B) by striking out ``title.'' and inserting in lieu thereof ``title and chapter 106 of title 10.'' both places it appears; and (2) in subsection (c), by striking out ``1994'' and inserting in lieu thereof ``2003''. SEC. 10. CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING. (a) Payment Limitation.--Section 3697(b) of title 38, United States Code, is amended by striking out ``$5,000,000'' and inserting in lieu thereof ``$6,000,000''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1994. SEC. 11. SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING ACT OF 1992. (a) Period of Training.--(1) Section 4485(d) of the Service Members Occupational Conversion and Training Act of 1992 (106 Stat. 2759; 10 U.S.C. 1143 note) is amended by striking out ``or more than 18 months''. (2)(A) Section 4486(d)(2) of such Act (102 Stat. 2760; 10 U.S.C. 1143 note) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ``in the community for the entire period of training of the eligible person.''. (B) The amendment made by subparagraph (A) shall apply with respect to programs of training under the Service Members Occupational Conversion and Training Act of 1992 beginning after the date of enactment of this Act. (b) Payments.--Section 4487 of such Act (106 Stat. 2762; 10 U.S.C. 1143 note) is amended-- (1) in subsection (a)(1)-- (A) by striking out ``subparagraph (B)'' in subparagraph (A) and inserting in lieu thereof ``subparagraphs (B) and (C)''; (B) by inserting before the period at the end of subparagraph (A) the following: ``but in no event to exceed 18 months (or the equivalent training hours)''; and (C) by adding at the end thereof the following new subparagraph: ``(C) Assistance may be paid under this subtitle on behalf of an eligible person to that person's employer for training under two or more programs of job training under this subtitle if such employer has not received (or is not due) on that person's behalf assistance in an amount aggregating the applicable amount set forth in subparagraph (B).''; and (2) in subsection (b)(3), by inserting before the period at the end thereof ``, or upon the completion of the 18th month of training under the last training program approved for the person's pursuit with that employer under this subtitle, whichever is earlier''. (c) Entry Into Program of Job Training.--Section 4488(a) of such Act (106 Stat. 2764; 10 U.S.C. 1143 note) is amended by striking out the third sentence thereof and inserting in lieu thereof ``The eligible person may begin such program of job training with the employer on the day that notice is transmitted to such official by means prescribed by such official. However, assistance under this subtitle may not be provided to the employer if such official, within two weeks after the date on which such notice is transmitted, disapproves the eligible person's entry into that program of job training in accordance with this section.''. Passed the House of Representatives August 1, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Veterans' Education and Training Act of 1994 - Provides for the continued use (currently terminates at the end of FY 1994) of veterans' basic educational assistance for approved flight training for regular veterans, post-Vietnam era veterans, and members of the reserves. (Sec. 3) Authorizes the Secretary of Veterans Affairs to use the facilities of any federally recognized Indian tribe in providing training or work experience for veterans with service-connected disabilities. Allows for the payment of a subsistence allowance to veterans performing training or work on the facilities of such an Indian tribe. (Sec. 4) Includes within the definition of "educational institution" for purposes of the provision of educational assistance to veterans, until September 31, 1996, entities that provide training required for the completion of any State-approved alternative teacher certification program. (Sec. 5) Prohibits a veteran eligible for educational assistance from enrolling in any course at an institution outside the United States unless the institution is an approved institution of higher learning and the course is approved by the Secretary. (Sec. 6) Provides for the conditional approval of correspondence courses as courses for which veterans' educational assistance may be provided. (Sec. 7) Increases from $12 million to $13 million the annual limit on the amount authorized to be provided to State and local educational agencies for furnishing courses of education to veterans under the educational assistance program. Removes an educational agency reporting requirement with respect to the provision of such services. (Sec. 9) Continues the Veterans' Advisory Committee on Education through December 31, 2003. (Sec. 10) Increases from $5 million to $6 million the annual funding ceiling for veterans' educational and vocational counseling services obtained by the Department of Veterans Affairs. (Sec. 11) Amends the Service Members Occupational Conversion and Training Act of 1992 to: (1) repeal the 18-month limit on training under such Act for employment in stable and permanent positions; (2) revise certain certification requirements under such training program; (3) allow assistance to be paid on behalf of eligible persons for training under two or more training programs if the per-person annual training limit is not exceeded; and (4) allow a person to enter into a job training program on the day that official employer notification is given (currently, the person must wait two weeks after such notification).

Veterans' Education and Training Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Rapid Deployment Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) The December 1999 United Nations ``Report on the Independent Inquiry into the Actions of the United Nations During the 1994 Genocide in Rwanda'' indicates that in April 1994, the United Nations Security Council failed to deploy 5,500 United Nations peacekeepers to Rwanda within two weeks of the initial violence, thereby allowing the conflict to escalate. The six-month estimated cost of the deployment would have been $115,000,000. Instead, the genocide consumed 800,000 lives along with $2,000,000,000 in humanitarian aid. (2) The April 2000 report of the United Nations Secretary General, ``We the Peoples, The Role of the United Nations in the 21st Century'', states that only member nations of the United Nations can fix the structural weakness of United Nations peace operations. The report compares the current system for launching peacekeeping operations to a volunteer fire department that has to find fire engines and the funds to run them before starting to douse any flames. The present United Nations system relies almost entirely on last minute, ad hoc arrangements that guarantee delay, with respect to the provision of civilian personnel even more so than military personnel. Availability and readiness of forces is very unpredictable and constraints on resources preclude rapid deployment. (3) In August 2000, the specially-appointed panel on United Nations Peace Operations issued its findings. Known as the ``Brahimi Report'' (A/55/305; S/2000/809), the report concludes that ``few of the basic building blocks are in place for the United Nations to rapidly acquire and deploy the human and material resources required to mount any complex peace operation in the future''. These building blocks include a standing police corps, a reserve corps of mission leadership, a sufficient stockpile of equipment, and arrangements for recruitment of civilian personnel. Furthermore, the report encourages member nations to enter partnerships with one another in the context of the United Nations Stand-by Arrangements System (UNSAS). These partnerships would form the basis for Rapid Deployment Brigades (RDBs), which would develop the operational capabilities to fully deploy ``traditional'' peacekeeping operations within 30 days of the adoption of an authorizing Security Council resolution and to fully deploy ``complex'' peacekeeping operations within 90 days of the adoption of an authorizing Security Council resolution. (4) Former United States Ambassador Richard C. Holbrooke, speaking before the United Nations Security Council on November 15, 2000, stated that ``[u]nless we move decisively on meaningful peacekeeping reform, those that threaten peacekeepers across the globe may draw the conclusion that the UN lacks the will, the cohesion and even the capability to perform its essential peacekeeping function''. (5) Both the nations of Europe and the United States have recognized the value and need for rapidly deployable combat units in response to a full spectrum of contingencies, including peacekeeping and humanitarian operations, low- intensity conflicts, and full-scale warfare. The European Union has proposed forming a standing police force and rapid deployment brigades as part of the European Defense Force, and in the United States, the Department of Defense is establishing interim brigade combat teams as part of the overall Army transformation strategy. (6) The United States' veto power in the United Nations Security Council gives it the capacity to halt the deployment of United Nations forces if the deployment is not in the national interests of the United States. SEC. 3. ESTABLISHMENT OF A UNITED NATIONS RAPID DEPLOYMENT POLICE AND SECURITY FORCE. (a) Establishment.--The President shall direct the United States representative to the United Nations to use the voice, vote, and influence of the United States to urge the United Nations-- (1) to establish a United Nations Rapid Deployment Police and Security Force (UNRDPSF) that-- (A) is rapidly deployable under the authority of the United Nations Security Council; (B) should be able to deploy within 15 days of a United Nations Security Council resolution to establish international peace operations; (C) is limited to a maximum deployment of six months for any given mission; (D) should be deployed only when the United Nations Security Council determines that violations of human rights, breaches of the peace, or the failure to restore the rule of law, requires rapid response to ensure adherence to negotiated agreements to prevent or end hostilities; (E) should be composed of at least 6,000 volunteers who train together and are appropriately equipped expressly for international peace operations, including civilian policing; and (F) should be given the authority to protect itself, execute negotiated peace accords, disarm combatants, protect civilians, detain war criminals, restore the rule of law, and to carry out other purposes as detailed in United Nations Security Council resolutions; (2) to recruit personnel to serve in the Force; and (3) to provide equitable and reliable funding for the Force. (b) Definition.--In this section, the term ``international peace operations'' means any operation carried out under a United Nations Security Council resolution. SEC. 4. ESTABLISHMENT OF RAPID DEPLOYMENT BRIGADES. In order to promote the development of human and material resources for United Nations peacekeeping operations as recommended by the August 2000 Report of the Panel on United Nations Peace Operations (A/55/305; S/2000/809), commonly known as the ``Brahimi Report'', the President-- (1) shall direct the Secretary of State and the United States representative to the United Nations to encourage the member nations of the United Nations to enter into partnerships with one another, in the context of the United Nations Stand-by Arrangements System (UNSAS), to form the basis for Rapid Deployment Brigades, which would develop the operational capabilities to fully deploy ``traditional'' peacekeeping operations within 30 days of the adoption of a Security Council resolution and ``complex'' peacekeeping operations within 90 days of the adoption of a Security Council resolution; and (2) shall direct the Secretary of Defense to undertake a study, not later than six months after the date of the enactment of this Act, to determine the advisability of and the feasibility of using interim combat brigade teams as part of Rapid Deployment Brigades as described in paragraph (1). SEC. 5. REPORT ON UNITED NATIONS RAPID DEPLOYMENT. Not later than one year after the date of enactment of this Act, the President shall prepare and transmit to the Congress a report on-- (1) the status of negotiations to establish a United Nations Rapid Deployment Police and Security Force (UNRDPSF) in accordance with section 3; (2) the status of United States activities to encourage member nations of the United Nations to establish Rapid Deployment Brigades in accordance with section 4(1); and (3) the results of the study conducted under section 4(2).

United Nations Rapid Deployment Act of 2001 - Requires the President to direct the U.S. representative to the United Nations (UN) to use the voice, vote, and influence of the United States to urge the UN to: (1) establish a United Nations Rapid Deployment Police and Security Force (UNRDPSF) that is rapidly deployable under the authority of the UN Security Council, and that meets other specified requirements; (2) recruit UNRDPSF personnel; and (3) provide equitable and reliable funding.Requires the President, in order to promote the development of human and material resources for UN peacekeeping operations as recommended by the August 2000 Report of the Panel on UN Peace Operations (Brahimi Report), to: (1) direct the Secretary of State and the U.S. representative to the UN to encourage UN member nations to enter into partnerships with one another to form Rapid Deployment Brigades which could develop operational capabilities to fully deploy peacekeeping operations within a specified time; and (2) direct the Secretary of Defense to study the advisability of and feasibility of using interim combat brigade teams as part of the Rapid Deployment Brigades.

To enhance the capability of the United Nations to rapidly respond to emerging crises.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Microenterprise and Youth Entrepreneurship Development Act of 2011''. SEC. 2. MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY BUILDING PROGRAM. (a) Definitions.--Section 172(5) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(5)) is amended-- (1) in subparagraph (B) by striking ``or'' at the end; (2) in subparagraph (C) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(D) an entrepreneur that operates a business or intends to operate a business in an investment area (as such term is defined in section 103(16) of this Act).''. (b) Uses of Assistance.--Section 174 of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6903) is amended-- (1) in paragraph (3) by striking ``and'' at the end; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) to advertise in print, electronic, and other media the training and technical assistance provided under paragraph (1); and''. (c) Targeted Assistance.--Section 176(b) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6905(b)) is amended by striking ``50 percent'' and inserting ``60 percent''. (d) Matching Requirements.--Section 177(c) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6906(c)) is amended by adding at the end the following: ``(3) Consideration.--In determining whether to reduce or eliminate matching requirements under paragraph (1), the Administrator shall consider the impact of the economic crisis of 2007 through 2009 on the geographic area in which an applicant operates.''. (e) Report.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing recommendations for improving the application and grant making process of the microenterprise technical assistance and capacity building grant program (carried out under subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994), including recommendations, developed in consultation with stakeholders, for streamlining the application and grant making process of that program. (f) Microenterprise Coordinator.-- (1) Establishment.--Not later than 1 year after the date of enactment of this Act, the Administrator shall establish in the Small Business Administration the position of Microenterprise Coordinator. (2) Duties.--The Microenterprise Coordinator shall-- (A) work to ensure that the contributions of microenterprises to the economy are maximized; (B) work to enhance, support, and coordinate the programs of the Federal Government providing assistance to microenterprises, including Federal technical assistance programs; (C) work to ensure that underserved entrepreneurs are included in the programs of the Federal Government providing assistance to microenterprises; (D) make available to the public annually a comprehensive list and description of each Federal program that provides assistance to microenterprises; and (E) encourage public-private partnerships that support entrepreneurship. (3) Microenterprise defined.--In this subsection, the term ``microenterprise'' has the meaning given that term in section 172(10) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(10)). SEC. 3. OFFICE OF YOUTH ENTREPRENEURSHIP. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Small Business Administration shall establish an Office of Youth Entrepreneurship (in this section referred to as the ``Office'') in the Small Business Administration. (b) Director.--The Administrator shall appoint a Director of Youth Entrepreneurship (in this section referred to as the ``Director'') to serve as the head of the Office. (c) Duties.--The Director shall-- (1) carry out the youth entrepreneurship technical assistance grant program described in subsection (d); (2) carry out the youth entrepreneurship curriculum grant program described in subsection (e); (3) promote the growth of youth entrepreneurship by establishing public-private partnerships and carrying out advertising campaigns; (4) sponsor and support State and national youth entrepreneurship competitions that raise awareness of the importance of small business development; (5) study and promote Federal activities that support entrepreneurship education; and (6) support the establishment of public and private youth entrepreneurship education and mentoring opportunities. (d) Youth Entrepreneurship Technical Assistance Grant Program.--The Director shall establish a program under which the Director may make grants to assist entities, including nonprofit microenterprise development organizations, to provide individuals under 25 years of age with technical assistance related to entrepreneurship. (e) Youth Entrepreneurship Curriculum Grant Program.-- (1) In general.--The Director shall establish a program under which the Director may make grants to a covered entity to assist the development, improvement, or implementation of a youth entrepreneurship curriculum that includes information on the topics of-- (A) securing capital and borrowing; (B) business plan conception and drafting; (C) accounting; (D) management; and (E) marketing. (2) Application process.--To be eligible for a grant described in paragraph (1), a covered entity shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require, except that the application shall include at least-- (A) a description of the curriculum to be developed, improved, or implemented; (B) a description of how grant funds will be used; (C) a description of goals relating to the use of grant funds and the curriculum to be developed, improved, or implemented; and (D) a description of how progress will be measured with respect to the goals described in subparagraph (C). (3) Covered entity defined.--In this subsection, the term ``covered entity'' means a local educational agency in any of the several States, the District of Columbia, or a territory or possession of the United States and a local educational agency of a federally recognized Indian tribe. (f) Investment Areas.-- (1) In general.--The Director shall ensure that at least 25 percent of the amounts made available to carry out the Office each fiscal year are used to assist youth in investment areas. (2) Investment area defined.--In this subsection, the term ``investment area'' has the meaning given that term in section 103(16) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702(16)). (g) Student Loan Assistance.--Not later than 180 days after the date of enactment of this Act, the Director, in consultation with the Secretary of Education, shall submit to Congress a report that includes detailed recommendations for legislation-- (1) establishing a program to forgive student loans in a manner that assists youth entrepreneurship by making available capital for business formation; and (2) establishing a program to defer student loan repayments in a manner that assists youth entrepreneurship by making available capital for business formation. SEC. 4. GAO STUDY AND REPORT. (a) Study.--The Comptroller General of the United States shall conduct a study on-- (1) the economic impact of allowing youth entrepreneurs to defer student loan repayments to make available capital for business formation; (2) the economic impact of increasing the participation of individuals under 25 years of age in the microloan program of the Small Business Administration (carried out under section 7(m) of the Small Business Act (15 U.S.C. 636(m)), notwithstanding the limited collateral and formal business experience of such individuals; (3) alternative methods for measuring creditworthiness that may assist youth entrepreneurship; and (4) actions Congress should consider to promote youth entrepreneurship. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report on the results of the study conducted under subsection (a).

Microenterprise and Youth Entrepreneurship Development Act of 2011 - Amends the Riegle Community Development and Regulatory Improvement Act of 1994 for purposes of the microenterprise technical assistance and capacity building grant program to include in the definition of "disadvantaged entrepreneur" a microentrepreneur operating or intending to operate a business in an investment area. Increases to 60% (currently, 50%) the minimum percentage of such grants required to be used to benefit very low-income persons, including those residing on Indian reservations. Requires the Administrator of the Small Business Administration (SBA) to consider the impact of the 2007-2009 economic crisis on an applicant's geographic area when deciding whether to reduce or eliminate matching requirements for applicants with severe constraints on available funding sources. Directs the Administrator to establish an SBA Microenterprise Coordinator position. Requires the Administrator to establish an Office of Youth Entrepreneurship and appoint a Director to carry out: (1) the youth entrepreneur technical assistance grant program to make grants to assist entities, including nonprofit microenterprise development organizations, to provide individuals under 25 years of age with technical assistance related to entrepreneurship; and (2) the youth entrepreneurship curriculum grant program to make grants to applying local educational agencies of states and federally recognized Indian tribes.

To amend the Riegle Community Development and Regulatory Improvement Act of 1994 to improve the microenterprise technical assistance and capacity building grant program, to establish an Office of Youth Entrepreneurship in the Small Business Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Access to Care Accountability Act''. SEC. 2. AUDITS BY THE COMPTROLLER GENERAL OF THE UNITED STATES. The Comptroller General of the United States shall conduct random, periodic audits of medical facilities of the Department of Veterans Affairs, and the Veterans Integrated Service Networks, to assess whether such facilities and Networks are complying with all standards imposed by law or by the Secretary of Veterans Affairs with respect to the timely access of veterans to hospital care, medical services, and other health care from the Department. SEC. 3. IMPROVEMENT OF WAIT TIMES FOR APPOINTMENTS FOR HOSPITAL CARE, MEDICAL SERVICES, AND OTHER HEALTH CARE FROM THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Secretary of Veterans Affairs shall, upon receipt of a report described in subsection (b) that finds that an eligible veteran has been subjected to a wait time of more than 30 days for an appointment for hospital care, medical services, or other health care from the Department of Veterans Affairs-- (1) not later than 48 hours after the receipt of such report, notify such eligible veteran of the status of the appointment of such eligible veteran for such care or services; and (2) make every effort possible to schedule an appointment for such eligible veteran for such care or services at a medical facility of the Department or through a non-Department health care provider on a date that is not later than seven days after the receipt of such report. (b) Report Described.--A report described in this subsection is any report as follows: (1) Any report of the Inspector General of the Department of Veterans Affairs with respect to the provision by the Department of hospital care, medical services, or other health care to veterans. (2) Any report of the Comptroller General of the United States with respect to the provision by the Department of such care or services. (3) Any report of the Department or another organization with respect to the provision by the Department of such care or services within a Veterans Integrated Service Network or medical facility of the Department. (4) Any other report of the Department with respect to the provision by the Department of such care or services. (c) Privacy.--Nothing in this section shall be construed to alter privacy rules of the Department with respect to the disclosure of personal information of eligible veterans seeking such care or services from the Department. (d) Eligible Veteran Defined.--In this section, the term ``eligible veteran'' means a veteran who is eligible for hospital care, medical services, or other health care under the laws administered by the Secretary of Veterans Affairs. SEC. 4. EXECUTIVE COMPENSATION AND BONUSES ACCOUNTABILITY AT DEPARTMENT OF VETERANS AFFAIRS. (a) Inspector General of Department of Veterans Affairs Notice.--If the Inspector General of the Department of Veterans Affairs determines that the director of a medical facility of the Department of Veterans Affairs or other official of the Department responsible for activities at such facility has purposefully misrepresented patient records or other data to conceal a failure of the facility to comply with patient access or care standards of the Department or for the purpose of qualifying for a performance award under section 5384 of title 5, United States Code, or any other compensation that is in addition to basic pay-- (1) not later than 30 days after the date on which the Inspector General makes such determination, the Inspector General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives notice of such determination; and (2) not later than 15 days after the date on which the Inspector General submits notice under paragraph (1), the Inspector General shall submit to the Secretary a list of the names of each director or other official responsible for such misrepresentation. (b) Limitation on Performance Awards.--Notwithstanding any other provision of law, the Secretary may not pay a bonus or award, including a performance award under section 5384 of title 5, United States Code, to any director or other official of the Department included in a list submitted under subsection (a)(2) until the Secretary determines that all issues relating to the reasons why such director or other individual was included in such list have been resolved. (c) Performance Reviews.--The Secretary shall ensure that any performance review or consideration for promotion of a director or other official of the Department responsible for activities at a medical facility of the Department with respect to which a notice was submitted under subsection (a)(1) for a misrepresentation includes an evaluation of whether the director or other official knew or should have known about such misrepresentation. (d) Prohibition on Publication of Names.--The Inspector General may not make public the names of directors or other officials included in the list under subsection (a)(2). (e) Role of Inspector General.--Any responsibility or authority of the Inspector General provided under this section is in addition to any responsibility or authority provided to the Inspector General in the Inspector General Act of 1978 (5 U.S.C. App.).

Veterans Access to Care Accountability Act - Directs the Comptroller General (GAO) to conduct random, periodic audits of the medical facilities of the Department of Veterans Affairs (VA) and the Veterans Integrated Service Networks to determine if they are in compliance with legal and administrative standards requiring that veterans be provided timely access to health care from the VA. Requires the VA Secretary, upon the receipt of a specified report finding that a veteran has been subjected to a wait time of more than 30 days for health care from the VA, to: (1) notify the veteran, within 48 hours of receiving such report, of the status of the veteran's appointment; and (2) make every possible effort to schedule the veteran's appointment at a VA facility or through a non-VA health care provider on a date not later than 7 days after receiving such report. Requires the VA Inspector General to provide the Secretary with a list of the names of each director or other VA official responsible for activities at a VA medical facility who is found to have purposefully misrepresented patient records or other data in order to: (1) conceal a failure of the facility to comply with VA patient access or care standards, or (2) qualify for a performance award or any other compensation that is in addition to basic pay. Prohibits the Secretary from paying a bonus or award to any director or official on such list until the Secretary determines that all issues relating to the reasons why such director or official was included on such list have been resolved. Directs the Secretary to ensure that any performance review or consideration for promotion of a director or other VA official responsible for activities at a VA medical facility where such misrepresentation has occurred includes an evaluation of whether the director or other official knew or should have known about such misrepresentation. Prohibits the Inspector General from making the names of the individuals on the list public.

Veterans Access to Care Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Obamacare Marriage Penalty Elimination Act''. SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN HEALTH INSURANCE PREMIUM TAX CREDIT. (a) In General.--Section 36B(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Elimination of marriage penalty.--In the case of a joint return-- ``(A) Credit determined separately with respect to each spouse.--The credit allowed under this section shall be sum of the two credits determined under this section separately with respect to each spouse (as provided under this subparagraph). ``(B) Treatment of income of spouses.-- ``(i) In general.--Except as provided in clause (ii), each spouse shall take into account the income of such spouse for purposes of this section. ``(ii) Income split not to result in ineligibility for credit for either spouse.-- If-- ``(I) the poverty line with respect to a spouse (determined after application of this paragraph but without regard to this clause) exceeds the income taken into account by such spouse for purposes of this section (as so determined), and ``(II) the income taken into account by the other spouse for purposes of this section (as so determined) exceeds the sum of the poverty line with respect to such other spouse (as so determined) plus the excess described in subclause (I), the excess described in subclause (I) shall be taken into account as income of the spouse referred to in subclause (I) and not as income of the spouse referred to in subclause (II). ``(C) Treatment of dependents.-- ``(i) In general.--Except as provided in clause (ii), dependents of the taxpayer shall be allocated between the two spouses at the election of the taxpayer. For purposes of determining the family size involved and household income with respect to each spouse, only such spouse and the dependents allocated to such spouse under this subparagraph shall be taken into account ``(ii) Limitation on taxpayer allocation.-- The number of dependents allocated to a spouse under clause (i) cannot exceed the number of dependents allocated to the other spouse by more than 1 dependent. ``(D) Treatment of premiums.--To the extent that the amount of any monthly premium is determined separately with respect to either spouse or any dependent of the taxpayer, such premium shall be taken into account by such spouse or the spouse to which such dependent is allocated under subparagraph (C). In the case of any monthly premium which is not so separately determined, such premium may be allocated between the two spouses at the election of the taxpayer.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. REDUCTION IN POVERTY LINE ELIGIBILITY LIMITATION FOR HEALTH INSURANCE PREMIUM TAX CREDIT. (a) Amendments to the Internal Revenue Code of 1986.-- (1) In general.--Section 36B(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``400 percent'' and inserting ``the applicable percentage''. (2) Applicable percentage.--Section 36B(c)(1) of such Code is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) Applicable percentage.--The term `applicable percentage' means such percentage as the Secretary, after consultation with the Secretary of Health and Human Services, determines will result in a combination of increased Federal revenues and reduced Federal outlays which is equal to the combination of reduced Federal revenues and increased Federal outlays as a result of the amendments made by section 2 of the Obamacare Marriage Penalty Elimination Act.''. (3) Conforming amendments.-- (A) Section 36B(b)(3)(A)(i) of such Code is amended by inserting ``and subsection (c)(1)(A)'' after ``Except as provided in clause (ii)''. (B) Section 36B(f)(2)(B)(i) of such Code is amended by striking ``400 percent'' and inserting ``the applicable percentage (as defined in subsection (c)(1)(B))''. (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2015. (b) Amendments to the Patient Protection and Affordable Care Act.-- (1) In general.--Section 1402(b)(2) of the Patient Protection and Affordable Care Act is amended by striking ``400 percent'' and inserting ``the applicable percentage (as defined in section 36B(c)(1)(B) of the Internal Revenue Code of 1986)''. (2) Conforming amendments.-- (A) Section 1402(c)(1)(A) of such Act is amended by striking ``The reduction'' and inserting ``Except as provided in subsection (b)(2), the reduction''. (B) Section 1402(c)(1)(B)(i) of such Act is amended by striking ``The Secretary'' and inserting ``Except as provided in subsection (b)(2), the Secretary''. (3) Effective date.--The amendments made by this subsection shall apply to months beginning after December 31, 2015.

Obamacare Marriage Penalty Elimination Act This bill amends the Internal Revenue Code, with respect to the tax credit for health care insurance premium assistance, to: (1) calculate the amount of such credit in the case of a joint tax return as the sum of each credit amount allowed to each spouse, thus preventing the tax effect known as the marriage penalty; and (2) replace the 400% poverty line eligibility limit for such credit with an applicable percentage based on a calculation of the combination of increased tax revenues and decreased outlays resulting from this Act.

Obamacare Marriage Penalty Elimination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Energy Communities Development Act of 2010''. SEC. 2. RURAL ENERGY COMMUNITIES LOAN PROGRAM. (a) Authority.--The Secretary of Agriculture may make loans pursuant to section 306(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926), to eligible communities for essential community facilities (as such term is defined in section 3570.53 of title 7, Code of Federal Regulations or any successor regulation to such section), for any purpose described in subsection (c). (b) Eligible Communities.--For purposes of this section, an eligible community-- (1) is a city, town, or incorporated area that has a population of less than 20,000 individuals; and (2) has, during the period from January 1999 through December 2009, experienced net job growth in the energy sector of not less than 20 percent, as determined by the Bureau of the Census or a State agency that collects information on such growth. (c) Use of Loan Funds.--An eligible community may use funds provided from a loan under this section for any of the following purposes: (1) Essential community facilities, including-- (A) the conservation, development, use, and control of water; (B) the installation or improvement of drainage or waste disposal facilities; (C) transportation facilities; and (D) affordable housing (as determined by the Secretary). (2) Land acquisition for such facilities. (3) Municipal staff necessary to carry out projects for such facilities. (4) Updates to comprehensive plans or housing plans of the community. (d) Application.--To be eligible to receive a loan under this section, an eligible community shall submit to the Secretary an application at such time and in such manner as the Secretary shall require that contains, in addition to any other information the Secretary may require, the following information: (1) The identification of projects for which loan funds will be used. (2) A certification that loan funds will be used only for the purposes described in subsection (c). (3) Documentation demonstrating the legal capacity and financial ability of the community to repay the loan. Such documentation shall include-- (A) evidence that the community has a dedicated source of revenue from any energy tax revenue it receives from the State; (B) an estimate of any energy tax revenue the community expects to receive during the 10-year period beginning on the first day of the first fiscal year that begins after the date funds from the loan are made available to the eligible community from the State office, if any, that distributes energy tax revenue to energy-producing communities; and (C) documentation of any non-Federal supplemental funds to be made available for essential community facilities to be funded with loan amounts received under this section. (e) Priority Treatment.--In approving applications for loans under this section, the Secretary shall give priority to any applicant acting on behalf of an eligible community, that-- (1) has submitted to the Secretary completed plans or studies that identify specific infrastructure or capacity needs that will be addressed by projects funded with the loan amounts received under this section; or (2) demonstrates that projects funded with loan amounts received under this section will be carried out with regional cooperation with adjacent jurisdictions. (f) Loan Terms.-- (1) Amount.--The principal amount of any loan under this section may not exceed the lesser of-- (A) $20,000,000; or (B) 80 percent of the energy tax revenue that the applicant expects to receive during the period described in subsection (d)(2)(B). (2) Interest rate.--Interest rates on loans under this section shall be subject to the provisions of section 307(a)(4) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1927(a)(4)) applicable to loans under sections 306(a)(1) and 310B of such Act (7 U.S.C. 1926(a) and 1932). (3) Term to maturity.--The period for repayment of loans under this section shall not be longer than 15 years. (g) Forgiveness.--If an applicant is unable to repay the full balance of the loan it receives under this section because circumstances beyond the control of the applicant prevented the applicant from collecting the amount of expected energy tax revenue specified in the application submitted under subsection (c), the Secretary may forgive an amount that equals not more than 50 percent of the remaining balance of such loan. (h) Report.--Each year, until the loan an eligible community receives under this section is repaid, such community shall submit to the Secretary of Agriculture a report. Each report shall contain a description of the progress made on each project or investment financed with funds received from a loan under this section. (i) Appropriations.--For costs (as such term is defined under section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of loans under this section, there are authorized to be appropriated an aggregate of $75,000,000 for fiscal year 2011 and 2012. (j) Maximum Amount of Commitments.--The Secretary may not make loans under this section or enter into commitments to make such loans, the total amount of which, exceeds $400,000,000. (k) Sunset.--The Secretary may not make or enter into a commitment to make a loan under this section after September 30, 2012. SEC. 3. WAIVER OF INCOME MAXIMUMS FOR SELECTED USDA RURAL DEVELOPMENT PROGRAMS. (a) Section 502 Loans.--For each of fiscal years 2011 through 2016, with respect to an applicant for a direct loan or a guaranteed loan under section 502 of the Housing Act of 1949 (42 U.S.C. 1472), who resides in an eligible community described in section 2(b)-- (1) the Secretary shall waive any income limitations related to obtaining a loan under section 502 of such Act (42 U.S.C. 1472); and (2) the requirement related to eligibility of borrowers under section 502(h)(3) of such Act (42 U.S.C. 1472(h)(3)) shall not apply. (b) Site Loans; Multi-Family Housing Loans.--For each of fiscal years 2011 through 2016, the following shall apply: (1) Section 524.--Any organization or tribe receiving a loan under section 524 of the Housing Act of 1949 (42 U.S.C. 1490d) shall waive any income limitations related to the occupancy of any housing built on any building site that is located in an eligible community described in section 2(b) of this Act and that is financed by such loan. (2) Section 538.--Any organization, State agency, subdivision thereof, Indian tribe, or private entity that receives a loan under section 538 of such Act (42 U.S.C. 1490p- 2) shall waive any income limitations related to the occupancy of any housing that is located in an eligible community described in section 2(b) of this Act and for which the development costs were funded by such a loan.

Rural Energy Communities Development Act of 2010 - Authorizes the Secretary of Agriculture (USDA) to make water and waste facility loans to an eligible city, town, or incorporated area with a population of less than 20,000 that has, from January 1999 through December 2009, experienced energy sector job growth of not less than 20%. Makes such loans available for: (1) essential community facilities, including water conservation, waste disposal facilities, transportation facilities, and affordable housing; (2) land acquisition; (3) staff; and (4) comprehensive community or housing plan updates. Prohibits the Secretary from making or entering into a loan commitment after September 30, 2012. Directs the Secretary to waive income limitations for FY2011-FY2016 for certain: (1) rural housing loans, including Doug Bereuter single-family housing loan guarantees; (2) low- and moderate-income rural housing loans; and (3) multifamily rural rental housing loan guarantees.

To provide for loans to rural energy-producing communities in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reserve Component Tax Assistance Act of 2001''. SEC. 2. DEDUCTION OF CERTAIN EXPENSES OF MEMBERS OF THE RESERVE COMPONENT. (a) Deduction Allowed.--Section 162 of the Internal Revenue Code of 1986 (relating to certain trade or business expenses) is amended by redesignating subsection (p) as subsection (q) and inserting after subsection (o) the following new subsection: ``(p) Treatment of Expenses of Members of Reserve Component of Armed Forces of the United States.--For purposes of subsection (a), in the case of an individual who performs services as a member of a reserve component of the Armed Forces of the United States at any time during the taxable year, such individual shall be deemed to be away from home in the pursuit of a trade or business during any period for which such individual is away from home in connection with such service.''. (b) Deduction Allowed Whether or Not Taxpayer Elects To Itemize.-- Section 62(a)(2) of the Internal Revenue Code of 1986 (relating to certain trade and business deductions of employees) is amended by adding at the end the following new subparagraph: ``(D) Certain expenses of members of reserve components of the armed forces of the united states.-- The deductions allowed by section 162 which consist of expenses paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a reserve component of the Armed Forces of the United States.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2001. SEC. 3. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT PERSONNEL. (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. 45E. RESERVE COMPONENT EMPLOYMENT CREDIT. ``(a) General Rule.--For purposes of section 38, the reserve component employment credit determined under this section is an amount equal to the sum of-- ``(1) the employment credit with respect to all qualified employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 50 percent of the amount of qualified compensation that would have been paid to the employee with respect to all periods during which the employee participates in qualified reserve component duty to the exclusion of normal employment duties, including time spent in a travel status had the employee not been participating in qualified reserve component duty. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(2) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the employee participates in qualified reserve component duty, the term `qualified compensation' means compensation-- ``(A) which is normally contingent on the employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the employee were present and receiving such compensation, and ``(B) which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the employee participates in qualified reserve component duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the employee. ``(3) Qualified employee.--The term `qualified employee' means a person who-- ``(A) has been an employee of the taxpayer for the 21-day period immediately preceding the period during which the employee participates in qualified reserve component duty, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(c) Self-Employment Credit.-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 50 percent of the excess, if any, of-- ``(A) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(B) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve component duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402) of the taxpayer for the taxable year divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve component duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit In Addition to Deduction.--The employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee during any period the employee participates in qualified reserve component duty to the exclusion of normal employment duties. ``(e) Limitations.-- ``(1) Maximum credit.-- ``(A) In general.--The credit allowed by subsection (a) for the taxable year-- ``(i) shall not exceed $7,500 in the aggregate, and ``(ii) shall not exceed $2,000 with respect to each qualified employee. ``(B) Controlled groups.--For purposes of applying the limitations in subparagraph (A)-- ``(i) all members of a controlled group shall be treated as one taxpayer, and ``(ii) such limitations shall be allocated among the members of such group in such manner as the Secretary may prescribe. For purposes of this subparagraph, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as members of a controlled group. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the two succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period for which the person on whose behalf the credit would otherwise be allowable is called or ordered to active duty for any of the following types of duty: ``(A) active duty for training under any provision of title 10, United States Code, ``(B) training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code, or ``(C) full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(f) General Definitions and Special Rules.-- ``(1) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(2) Qualified reserve component duty.--The term `qualified reserve component duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(3) Normal employment and self-employment duties.--A person shall be deemed to be participating in qualified reserve component duty to the exclusion of normal employment or self- employment duties if the person does not engage in or undertake any substantial activity related to the person's normal employment or self-employment duties while participating in qualified reserve component duty unless in an authorized leave status or other authorized absence from military duties. If a person engages in or undertakes any substantial activity related to the person's normal employment or self-employment duties at any time while participating in a period of qualified reserve component duty, unless during a period of authorized leave or other authorized absence from military duties, the person shall be deemed to have engaged in or undertaken such activity for the entire period of qualified reserve component duty. ``(4) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section.''. (b) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended-- (1) by striking ``plus'' at the end of paragraph (12), (2) by striking the period at the end of paragraph (13) and inserting ``, plus'', and (3) by adding at the end the following new paragraph: ``(14) the reserve component employment credit determined under section 45E(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45D the following new item: ``Sec. 45E. Reserve component employment credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Reserve Component Tax Assistance Act of 2001 - Amends the Internal Revenue Code to allow as a business or trade deduction the expenses of a member of the reserve component of the U.S. armed forces in connection with such service. Makes such deduction available to itemizers and non-itemizers.Establishes related reserve component business-related employment and self-employment credits.

A bill to amend the Internal Revenue Code of 1986 to allow as a deduction in determining adjusted gross income the deduction for expenses in connection with services as a member of a reserve component of the Armed Forces of the United States, to allow employers a credit against income tax with respect to employees who participate in the military reserve components, and to allow a comparable credit for participating reserve component self-employed individuals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Democracy Index Act of 2009''. SEC. 2. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED ELECTION DATA COLLECTION. (a) In General.--Subtitle C of title II of the Help America Vote Act of 2002 (42 U.S.C. 15381 et seq.) is amended by adding at the end the following: ``SEC. 248. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED ELECTION DATA COLLECTION. ``(a) In General.--The Commission, in consultation with the Board and in accordance with this section, shall-- ``(1) develop an American Democracy Index for the evaluation of elections for Federal office occurring in 2010 and thereafter; ``(2) establish and operate a data collection system in order to collect and measure election data described in subsection (c) to be used in preparing the American Democracy Index; and ``(3) make the American Democracy Index with respect to each election for Federal office generally available to the public, including through the Internet. ``(b) American Democracy Index.--The American Democracy Index is an index that is designed to assist States in the administration of elections for Federal office by presenting the information collected under the system established under subsection (a)(2) on a State-by- State basis in a manner designed to demonstrate administration practices that-- ``(1) ensure the right of individuals to vote; ``(2) improve the quality of voter access to polls and the quality of voter services; and ``(3) secure the accuracy and integrity of elections. ``(c) Collection of Data.-- ``(1) Data to be collected.--The Commission shall, in consultation with the Board, determine the data that is required to be collected under this section in order to analyze the effectiveness of the State administration of elections for Federal office, including data required for developing or refining the American Democracy Index. ``(2) Data submission.-- ``(A) States required to provide data.--Each State shall submit to any grantee under subsection (e) the information described in paragraph (1) in support of the American Democracy Index. ``(B) Data submission regulations.--Within 60 days after the first meeting of the Board under subsection (d)(2)(B)(i), the Commission shall promulgate regulations for-- ``(i) the enforcement of the data submission mandate under subparagraph (A); and ``(ii) the standardization of election data described in paragraph (1). ``(C) Statistical analysis.--The Commission may, in coordination with a State, select precincts within the State on a sample basis from which to draw the information described in paragraph (1) in order to form statistical conclusions with respect to election administration in that State. In forming such statistical conclusions, the Office may append the information collected from the samples to other information provided by the State that was collected with respect to elections for Federal office in that State. ``(D) Payments to states.--In accordance with such regulations as the Commission may promulgate, the Commission shall make payments to States to assist the States in meeting the data submission requirements of this paragraph. ``(E) Rulemaking authority of commission.--Section 209 shall not apply with respect to any regulations promulgated by the Commission pursuant to the authority of this paragraph. ``(d) Independent Board of Advisors.-- ``(1) In general.--There is hereby established an independent Board of Advisors (in this section referred to as the `Board') that the Commission shall consult in developing and refining the American Democracy Index and the data to be collected under subsection (c). ``(2) Independent board of advisors.-- ``(A) Establishment.--The Board-- ``(i) shall be composed of 8 members from individuals from the academic, nonprofit, and election administration communities, of whom-- ``(I) 4 shall be selected by the Committee on Rules and Administration of the Senate, in consultation with the majority and minority leader of the Senate; and ``(II) 4 shall be selected by the Committee on House Administration of the House of Representatives, in consultation with the Speaker and minority leader of the House of Representatives; and ``(ii) shall be headed by a President elected by the members of the Board. ``(B) Duties.--The Board shall-- ``(i) meet at least twice a year, and at such other times as are specified by the President of the Board; and ``(ii) consult with the Commission as provided by this section, including making periodic recommendations to the Commission on the type of election data to be collected from States, the method of data collection, the enforcement mechanism for the collection of election data, the administration of elections in general, and other relevant issues as the Board sees appropriate. ``(e) Establishment and Operation of Index and Data Collection System.-- ``(1) Pilot program.--The Commission shall conduct a pilot program for elections for Federal office occurring in 2010 under which the Commission shall make a grant to 1 or more eligible entities to-- ``(A) to collect election data described in subsection (c) in not more than 5 States selected by the Board; and ``(B) to develop, refine, and publish data collection results for each of the States selected under subparagraph (A), including a comparison of localities in each State based on the data collected. ``(2) Initial index for 2012 elections.--Based on the pilot project conducted under paragraph (1), the Commission shall make a grant to 1 or more eligible entities to-- ``(A) collect election data described in subsection (c) in all States with respect to elections for Federal office occurring in 2012; and ``(B) prepare and publish the first American Democracy Index. ``(3) Future elections.--The Commission shall collect data, and prepare and publish an American Democracy Index, for each Presidential election cycle beginning on or after January 1, 2012, with respect to elections for Federal office occurring during the Presidential election cycle. In carrying out such duties, the Commission shall-- ``(A) modify the data to be collected and the index in accordance with the provisions of this section; and ``(B) contract with 1 or more eligible entities to carry out all or a portion of such duties. ``(f) Reports.--Not later than 9 months after the end of the election cycle for the election for Federal office occurring in 2012 and the end of each Presidential election cycle beginning on or after January 1, 2012, the Commission shall submit a report to Congress and to the chief State elections officials of each State that includes the election data collected under this section, together with any recommendations for-- ``(1) improving the types of election data that are collected and included in the American Democracy Index published under this section; and ``(2) legislation or administrative action to improve State performance in the administration of elections for Federal office (as determined based on a State-by-State comparison of such election data). ``(g) Definitions.--In this section: ``(1) Elections for federal office.--The term `elections for Federal office' means general elections only for Federal office. ``(2) Eligible entity.--The term `eligible entity' means any nonprofit organization or other organization deemed appropriate by the Commission. ``(3) Presidential election cycle.--The term `Presidential election cycle' means the 4-year period beginning with January of the year following an election for the office of President of the United States. ``(4) State.--The term `State' means each of the 50 States and the District of Columbia. ``(h) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Commission such sums as may be necessary to carry out the provisions of this section. ``(2) Data submission.--There is authorized to be appropriated $18,000,000 for each of fiscal years 2011 through 2016 to assist the States in complying with the data submission requirements of subsection (c)(2)(A).''. (b) Conforming Amendment.--The table of contents of the Help America Vote Act of 2002 is amended by inserting after the item relating to section 247 the following: ``Sec 248. Establishment of American Democracy Index and related election data collection.''.

American Democracy Index Act of 2009 - Amends the Help America Vote Act of 2002 to require the Election Assistance Commission (EAC) to: (1) develop an American Democracy Index (ADI) to evaluate elections for federal office; (2) establish and operate a system to collect and measure election data for use in preparing the ADI; and (3) make the ADI with respect to each federal election available to the public, including through the Internet. Describes the ADI as an index designed to assist states in the administration of federal elections by presenting collected information on a state-by-state basis in a manner designed to demonstrate administration practices that: (1) ensure the right of individuals to vote; (2) improve the quality of voter access to polls and the quality of voter services; and (3) secure the accuracy and integrity of elections. Establishes an independent Board of Advisors the EAC shall consult in developing and refining the ADI and the data to be collected. Directs the EAC to: (1) conduct a pilot program for the 2010 federal elections under which it shall make one or more grants for election data collection in up to five states; and (2) based on such pilot program make one or more grants to collect 2012 federal election data in all states and prepare and publish the first ADI.

To require the Election Assistance Commission to establish an American Democracy Index to measure and improve the quality of voter access to polls and voter services in Federal elections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Show Loophole Closing Act of 2017''. SEC. 2. GUN SHOW BACKGROUND CHECK. (a) Findings.--The Congress finds that-- (1) approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and unlicensed firearms sellers; and (2) gun shows at which firearms are exhibited or offered for sale or exchange provide a convenient and centralized commercial location where criminals and other prohibited persons obtain firearms without background checks and without records that enable firearm tracing. (b) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Gun Show.--The term `gun show'-- ``(A) means any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if one or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; ``(B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and ``(C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events-- ``(i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer; ``(ii) that are conducted by private, not-for- profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and ``(iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues- paying members. ``(37) Gun Show Vendor.--The term `gun show vendor' means a person who is not licensed under section 923 and who exhibits, sells, offers for sale, transfers, or exchanges a firearm at a gun show, regardless of whether or not the person arranges with the gun show operator for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange the firearm.''. (c) Regulation of Firearms Transfers at Gun Shows.-- (1) In general.--Chapter 44 of such title is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows ``(a) Registration of Gun Show Operators.--It shall be unlawful for a person to operate a gun show, unless-- ``(1) the person has attained 21 years of age; ``(2) the person (and, if the person is a corporation, partnership, or association, each individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited by subsection (g) or (n) of section 922 from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce; ``(3) the person has not willfully violated any provision of this chapter or regulation issued under this chapter; ``(4) the person has registered with the Attorney General as a gun show operator, in accordance with regulations promulgated by the Attorney General, and as part of the registration-- ``(A) has provided the Attorney General with a photograph and the fingerprints of the person; and ``(B) has certified that the person meets the requirements of subparagraphs (A) through (D) of section 923(d)(1); ``(5) the person has not willfully failed to disclose any material information required, and has not made any false statement as to any material fact, in connection with the registration; and ``(6) the person has paid the Attorney General a fee for the registration, in an amount determined by the Attorney General. ``(b) Responsibilities of Gun Show Operators.-- ``(1) In general.--It shall be unlawful for a person to operate a gun show, unless the person-- ``(A) not later than 30 days before the commencement of the gun show, notifies the Attorney General, in writing, of the date, time, duration, and location of the gun show, and the identity of each person who will be a gun show vendor at the gun show; ``(B) before commencement of the gun show-- ``(i) verifies the identity of each individual who will be a gun show vendor at the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the individual containing a photograph of the individual; and ``(ii) requires each such individual to sign-- ``(I) a ledger, and enter into the ledger identifying information concerning the individual; and ``(II) a notice which sets forth the obligations of a gun show vendor under this chapter; and ``(C) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe. ``(2) Recordkeeping.--A person who operates, or has operated, a gun show shall maintain records demonstrating compliance with paragraph (1)(B), at such place, for such period of time, and in such form as the Attorney General shall require by regulation, or transmit the records to the Attorney General. ``(c) Background Check Required Before Transfer of Firearm Between Unlicensed Persons.--It shall be unlawful for a person who is not licensed under this chapter to transfer possession of, or title to, a firearm at, or on the curtilage of, a gun show, to another person who is not so licensed, or for a person who is not so licensed to receive possession of, or title to, a firearm at, or on the curtilage of, a gun show from another person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer-- ``(1) has entered into a separate bound record the make, model, and serial number of the firearm, and such other information about the transaction as the Attorney General may require by regulation; and ``(2) has notified the prospective transferor and prospective transferee of the firearm that the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act has provided the licensee with a unique identification number, indicating that receipt of the firearm by the prospective transferee would not violate section 922 of this title or State law. ``(d) Recordkeeping Requirements.-- ``(1) In general.--A licensee who provides a notice pursuant to subsection (c)(2) with respect to the transfer of a firearm shall-- ``(A) not later than 10 days after the date of the transfer, submit to the Attorney General a report of the transfer, which report shall specify the make, model, and serial number of the firearm, and contain such other information and be on such form, as the Attorney General shall require by regulation, except that the report shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; and ``(B) retain a record of the transfer, including the same information as would be required if the transfer were from the inventory of the licensee, as part of the permanent business records of the licensee. ``(2) Limitation.--The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section.''. (2) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(8)(A) Whoever knowingly violates subsection (a) or (d) of section 932 shall be fined under this title, imprisoned not more than 5 years, or both. ``(B) Whoever knowingly violates subsection (b) or (c) of section 932, shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both. ``(C) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who knowingly violates any provision of section 932-- ``(i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and ``(ii) impose a civil fine in an amount equal to not more than $10,000.''. (3) Clerical amendment.--The table of contents for such chapter is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows.''. (d) Inspection Authority.--Section 923(g)(1) of such title is amended by adding at the end the following: ``(E) Notwithstanding subparagraph (B) of this paragraph, the Attorney General may enter during business hours any place where a gun show operator operates a gun show or is required to maintain records pursuant to section 932(b)(2), for purposes of examining the records required by sections 923 and 932 and the inventory of licensees conducting business at the gun show. The entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show operators and licensees conducting business at the gun show, and shall not require a showing of reasonable cause or a warrant.''. (e) Reports of Multiple Sales Assisted by Licensees at Gun Shows.-- Section 923(g)(3)(A) of such title is amended by inserting ``or provides pursuant to section 932(c)(2) notice with respect to,'' after ``sells or otherwise disposes of,''. (f) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of such title is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (g) Increased Penalties for Violations of Criminal Background Check Requirements.-- (1) Penalties.--Section 924(a)(5) of such title is amended-- (A) by striking ``subsection (s) or (t) of section 922'' and inserting ``section 922(t)''; and (B) by striking ``1'' and inserting ``5''. (2) Elimination of certain elements of offense.--Section 922(t)(5) of such title is amended by striking ``and, at the time'' and all that follows through ``State law''. (h) Authority To Hire Personnel To Inspect Gun Shows.--The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at least 40 additional Industry Operations Investigators for the purpose of carrying out inspections of gun shows (as defined in section 921(a)(36) of title 18, United States Code). (i) Report to the Congress.--The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit biennial reports to the Congress on how firearms (as defined in section 921(a)(3) of title 18, United States Code) are sold at gun shows (as defined in paragraph (36) of such section), how this section is being carried out, whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, what resources are needed to carry out this section, and any recommendations for improvements to ensure that firearms are not sold without the background checks. (j) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.

Gun Show Loophole Closing Act of 2017 This bill makes it unlawful for any person to operate a gun show unless such person: (1) has attained 21 years of age; (2) is not prohibited from transporting, shipping, or receiving firearms and has not violated any federal firearms requirements; (3) has registered with the Department of Justice (DOJ) as a gun show operator and has provided a photograph and fingerprints; (4) has not concealed material information nor made false statements in connection with a gun show operator registration; and (5) notifies DOJ of the date, time, and duration of a gun show not later than 30 days before the commencement of such show and verifies the identity of each vendor at the gun show. The bill makes it unlawful for a person not licensed under this bill to transfer possession of a firearm at a gun show to another person not licensed unless a licensed importer, manufacturer, or dealer has, among other conditions, recorded the transfer with DOJ. Additionally, the licensed dealer must notify the prospective transferor and transferee of the firearm that the national instant criminal background check system has provided the dealer with a unique identification number indicating that the receipt of the firearm would not violate certain federal or state firearm laws. The bill grants DOJ authority to enter, without a showing of reasonable cause or a warrant, any place where a gun show is held or where a gun show operator is required to maintain records to examine records and inventory to determine compliance with this bill.

Gun Show Loophole Closing Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare/Medicaid Solvency Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) illnesses and diseases that result from the use of tobacco products cost Federal Government health care programs billions of dollars, including $10,200,000,000 in the medicare program, $5,100,000,000 in the medicaid program, and $4,700,000,000 in other Federal health programs in fiscal year 1993; (2) in April 1994, the trustees of the medicare trust funds concluded that such funds may be insolvent in 2001; (3) such insolvency would severely affect the ability of the medicare trust funds to continue to protect the health of America's senior citizens; and (4) the medicare population has a significantly higher risk of contracting illnesses and diseases that result from the use of tobacco products than younger age groups. (b) Purpose.--The purpose of this Act is to insure the long-term viability of the medicare, medicaid, and other federal health programs by establishing a dedicated trust fund to reimburse the government for the health care costs of individuals with diseases attributable to the use of tobacco products. SEC. 3. TOBACCO PRODUCT MANUFACTURERS CONTRIBUTION TO HEALTH CARE COST REIMBURSEMENT TRUST FUND. (a) In General.--The Internal Revenue Code of 1986 is amended by adding at the end the following new subtitle: ``Subtitle K--Tobacco Product Manufacturers Contribution to Health Care Cost Reimbursement Trust Fund. ``Chapter 100. Tobacco Product Manufacturers Contribution to Health Care Cost Reimbursement Trust Fund. ``CHAPTER 100--TOBACCO PRODUCT MANUFACTURERS CONTRIBUTION TO HEALTH CARE COST REIMBURSEMENT TRUST FUND. ``Sec. 9801. Establishment of Tobacco Product Health Care Cost Reimbursement Trust Fund. ``Sec. 9802. Contributions to Trust Fund. ``SEC. 9801. ESTABLISHMENT OF TOBACCO PRODUCT HEALTH CARE COST REIMBURSEMENT TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Tobacco Product Health Care Cost Reimbursement Trust Fund' (hereafter referred to in this chapter as the `Trust Fund'), consisting of such amounts as may be appropriated or transferred to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--The Secretary shall transfer to the Trust Fund an amount equivalent to contributions received in the Treasury under section 9802. ``(c) Distribution of Amounts in Trust Fund.-- ``(1) In general.--The amounts in the Trust Fund shall be available in each fiscal year (beginning with fiscal year 1997), as provided by appropriation Acts, to the Secretary-- ``(A) to distribute to each particular Secretary responsible for the expenditure of Federal funds for that fiscal year under title XVIII or XIX of the Social Security Act or any other Federal program for the payment of health care costs of individuals with diseases attributable to the use of tobacco products, and ``(B) to pay all expenses of administration incurred by the Department of the Treasury in administering this chapter and the Trust Fund. ``(2) Determination of distribution.--Each particular Secretary described in paragraph (1)(A) shall submit to the Secretary of the Treasury such documentation as the Secretary requires to determine the appropriate distribution under paragraph (1)(A). ``(3) Use of distributions.--In any case in which an expenditure of Federal funds described in paragraph (1)(A) was made from a trust fund, the distribution under paragraph (1)(A) reimbursing such expenditure shall be made to such trust fund. ``(4) State medicaid expenditures.--For purposes of this section, the Secretary of Health and Human Services shall include in the Secretary's submission under paragraph (2) the expenditure of State funds under State plans under title XIX of the Social Security Act for the payment of health care costs of individuals with diseases attributable to the use of tobacco products, and to the extent the distribution to the Secretary under paragraph (1)(A) is attributable to such expenditure, shall reimburse the various States for such expenditures. ``(d) Administrative Rules.--For purposes of this section, the rules of subchapter B of chapter 98 shall apply. ``(e) Tobacco Products.--For purposes of this chapter, the term `tobacco products' has the meaning given such term by section 5702(c). ``SEC. 9802. CONTRIBUTIONS TO TRUST FUND. ``(a) Annual Premiums.--Each manufacturer of tobacco products shall pay to the Trust Fund, an annual contribution equal to the product of the amount determined under subsection (b) for each fiscal year (beginning with fiscal year 1997) and the manufacturer's market share percentage determined under subsection (c) for the calendar year preceding such fiscal year. ``(b) Determination of Funding Levels.-- ``(1) In general.--Not later than the date the President is required to submit the budget of the United States for a fiscal year to Congress, the Director of the Centers for Disease Control and Prevention, after consultation with the Directors of the National Institutes of Health, the National Cancer Institute, and the National Heart, Lung, and Blood Institute, shall make an estimate of-- ``(A) the amount of Federal expenditures for that fiscal year under titles XVIII and XIX of the Social Security Act and other Federal programs, and ``(B) the amount of State expenditures for that fiscal year under State plans under title XIX of the Social Security Act, for payment of health care costs of individuals with diseases attributable to the use of tobacco products. ``(2) Disclosure of estimate methodology.--The Director of the Centers for Disease Control and Prevention shall publish in the Federal Register all relevant documentation considered and the methodology used in making the estimate described in paragraph (1). ``(3) Report in budget.--The President shall include the estimate described in paragraph (1) in the budget for the fiscal year. ``(c) Market Share Percentage.-- ``(1) In general.--Not later than July 1, the Secretary shall determine and publish the market share percentage for the preceding calendar year for each manufacturer of tobacco products by determining such manufacturer's percentage share of the total amount of tobacco products sold in the United States during such calendar year. ``(2) Information.--Not later than April 1, each manufacturer of tobacco products shall furnish to the Secretary such information as the Secretary may require to determine any market share percentage under this subsection for the preceding calendar year. ``(d) Payment of Contributions.--The annual contribution under subsection (a) for any fiscal year shall be payable in 12 monthly installments, due on the twenty-fifth day of each calendar month in the fiscal year. ``(e) Enforcement.--For penalties and other general and administrative provisions applicable to this section, see subtitle F. ``(f) Manufacturer of Tobacco Products.--For purposes of this section, the term `manufacturer of tobacco products' has the meaning given such term by section 5702(d).'' (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Medicare/Medicaid Solvency Act - Amends the Internal Revenue Code to establish in the Treasury the Tobacco Product Health Care Cost Reimbursement Trust Fund. Directs the Secretary of the Treasury to: (1) distribute amounts in the Fund to each Secretary responsible for the expenditure of Federal funds for that fiscal year (beginning with FY 1997) under titles XXVIII (Medicare) and XIX (Medicaid) of the Social Security Act or any other Federal program for the payment of health care costs for individuals with diseases attributable to the use of tobacco products; and (2) pay administrative expenses of the Fund. Requires each manufacturer of tobacco products to pay to the Fund an annual contribution based on the total amount of tobacco-related Federal health care costs in proportion to that manufacturer's share of the tobacco market.

Medicare/Medicaid Solvency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Cruise Vessel Development Act of 1994''. SEC. 2. PURPOSE. The purpose of this Act is to promote construction and operation of United States flag cruise vessels in the United States. SEC. 3. COASTWISE TRANSPORTATION OF PASSENGERS. Section 8 of the Act entitled ``An Act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes'', approved June 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 289), is amended to read as follows: ``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS. ``(a) In General.--Except as otherwise provided by law, a vessel may transport passengers in coastwise trade only if-- ``(1) the vessel is owned by a person that is-- ``(A) an individual who is a citizen of the United States; or ``(B) a corporation, partnership, or association that is a citizen of the United States under section 2(a) of the Shipping Act, 1916 (46 App. U.S.C. 802(a)); ``(2) the vessel meets the requirements of section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883); and ``(3) for a vessel that is at least 5 net tons, the vessel is issued a certificate of documentation under chapter 121 of title 46, United States Code, with a coastwise endorsement. ``(b) Exception for Vessel Under Demise Charter.-- ``(1) In general.--Subsection (a)(1) does not apply to a cruise vessel operating under a demise charter that-- ``(A) has a term of at least 18 months; and ``(B) is to a person described in subsection (a)(1). ``(2) Extension of period for operation.--A cruise vessel authorized to operate in coastwise trade under paragraph (1) based on a demise charter described in paragraph (1) may operate in that coastwise trade during a period following the termination of the charter of not more than 6 months, if the operation-- ``(A) is approved by the Secretary; and ``(B) is in accordance with such terms as may be prescribed by the Secretary for that approval. ``(c) Exception for Vessel To Be Reflagged.-- ``(1) Exception.--Subsection (a)(2) and section 12106(a)(2)(A) of title 46, United States Code, do not apply to a cruise vessel if-- ``(A) the vessel-- ``(i) is not documented under chapter 121 of title 46, United States Code, on the date of enactment of the United States Cruise Vessel Development Act of 1994; and ``(ii) is not less than 5 years old and not more than 15 years old on the first date that the vessel is documented under that chapter after that date of enactment; and ``(B) the owner or charterer of the vessel has entered into a contract for the construction in the United States of another cruise vessel that has a total berth or stateroom capacity that is at least 80 percent of the capacity of the cruise vessel. ``(2) Termination of authority to operate.--Paragraph (1) does not apply to a vessel after the date that is 18 months after the date on which a certificate of documentation with a coastwise endorsement is first issued for the vessel after the date of enactment of the United States Cruise Vessel Development Act of 1994 if, before the end of that 18-month period, the keel of another vessel has not been laid, or another vessel is not at a similar stage of construction, under a contract required for the vessel under paragraph (1)(B). ``(3) Extension of period before termination.--The Secretary of Transportation may extend the 18-month period under paragraph (2) for an additional period of not to exceed 6 months for good cause shown. ``(d) Limitation on Operations.--A person (including a related person with respect to that person) who owns or charters a cruise vessel operating in coastwise trade under subsection (b) or (c) under a coastwise endorsement may not operate any vessel between-- ``(1) any 2 ports served by another cruise vessel that transports passengers in coastwise trade under subsection (a) on the date the Secretary issues the coastwise endorsement; or ``(2) any of the islands of Hawaii. ``(e) Penalties.-- ``(1) Civil penalty.--A person operating a vessel in violation of this section is liable to the United States Government for a civil penalty of $1,000 for each passenger transported in violation of this section. ``(2) Forfeiture.--A vessel operated in knowing violation of this section, and its equipment, are liable to seizure by and forfeiture to the United States Government. ``(3) Disqualification from coastwise trade.--A person that is required to enter into a construction contract under subsection (c)(1)(B) with respect to a cruise vessel (including any related person with respect to that person) may not own or operate any vessel in coastwise trade after the period applicable under subsection (c)(2) with respect to the cruise vessel, if before the end of that period a keel is not laid and a similar stage of construction is not reached under such a contract. ``(f) Definitions.--In this section-- ``(1) the term `coastwise trade' includes transportation of a passenger between points in the United States, either directly or by way of a foreign port; ``(2) the term `cruise vessel' means a vessel that-- ``(A) is at least 10,000 gross tons (as measured under chapter 143 of title 46, United States Code); ``(B) has berth or stateroom accommodations for at least 200 passengers; and ``(C) is not a ferry; and ``(3) the term `related person' means, with respect to a person-- ``(A) a holding company, subsidiary, affiliate, or association of the person; and ``(B) an officer, director, or agent of the person or of an entity referred to in subparagraph (A).''. SEC. 4. CONSTRUCTION STANDARDS. Section 3309 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) A vessel described in paragraph (3) is deemed to comply with parts B and C of this subtitle. ``(2) The Secretary shall issue a certificate of inspection under subsection (a) to a vessel described in paragraph (3). ``(3) A vessel is described in this paragraph if-- ``(A) the vessel meets the standards and conditions for the issuance of a control verification certificate to a foreign vessel embarking passengers in the United States; ``(B) a coastwise endorsement is issued for the vessel under section 12106 of this title after the date of enactment of the United States Cruise Vessel Development Act of 1994; and ``(C) the vessel is authorized to engage in coastwise trade by reason of subsection (c) of section 8 of the Act entitled `An Act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes', approved June 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 289).''. SEC. 5. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION. Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), is amended-- (1) in subsection (a) by inserting ``other than primarily in the transport of passengers,'' after ``the coastwise trade''; and (2) by adding at the end the following new subsection: ``(e) For purposes of determining citizenship under subsection (a) with respect to operation of a vessel primarily in the transport of passengers in coastwise trade, the controlling interest in a partnership or association that owns the vessel shall not be deemed to be owned by citizens of the United States unless a majority interest in the partnership or association is owned by citizens of the United States free from any trust or fiduciary obligation in favor of any person that is not a citizen of the United States.''. SEC. 6. AMENDMENT TO TITLE XI OF THE MERCHANT MARINE ACT, 1936. Section 1101(b) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271(b)) is amended by striking ``passenger cargo'' and inserting ``passenger, cargo,''. SEC. 7. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL PARK SYSTEM. (a) Priority.--Notwithstanding any other provision of law, the Secretary of the Interior may not permit a person to operate a vessel in any unit of the National Park System except in accordance with the following priority: (1) First, any person that-- (A) will operate a vessel that is documented under the laws of, and the home port of which is located in, the United States; or (B) holds rights to provide visitor services under section 1307(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3197(a)). (2) Second, any person that will operate a vessel that-- (A) is documented under the laws of a foreign country, and (B) on the date of the enactment of this Act is permitted to be operated by the person in the unit. (3) Third, any person that will operate a vessel other than a vessel described in paragraph (1) or (2). (b) Revocation of Permits for Foreign-Documented Vessels.--The Secretary of the Interior shall revoke or refuse to renew permission granted by the Secretary for the operation of a vessel documented under the laws of a foreign country in a unit of the National Park System, if-- (1) a person requests permission to operate a vessel documented under the laws of the United States in that unit; and (2) the permission may not be granted because of a limit on the number of permits that may be issued for that operation. (c) Restrictions on Revocation of Permits.--The Secretary of the Interior may not revoke or refuse to renew permission under subsection (b) for any person holding rights to provide visitor services under section 1307(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3197(a)). (d) Return of Permits.--Any person whose permission to provide visitors services in a unit of the National Park System has been revoked or not renewed under subsection (b) shall have the right of first refusal to a permit to provide visitors services in that unit of the National Park System that becomes available when the conditions described in subsection (b) no longer apply. Such right shall be limited to the number of permits which are revoked or not renewed.

United States Cruise Vessel Development Act of 1994 - Amends Federal shipping law to revise provisions prohibiting the use of foreign vessels to transport passengers between places in the United States to authorize the transport of passengers in coastwise trade only if the vessel: (1) is owned by a U.S. citizen, or a U.S. corporation, partnership, or association; (2) meets certain requirements under the Merchant Marine Act; and (3) is at least five net tons and is issued a certificate of documentation with a coastwise endorsement. (Sec. 3) Exempts from this prohibition any cruise vessel: (1) demised to a U.S. person for a term of at least 18 months; or (2) reflagged as a U.S. vessel after enactment of this Act, if the owner or charterer contracts for U.S. construction of another cruise vessel with at least 80 percent of the existing vessel's total berth or stateroom capacity. Prohibits any person owning or chartering a cruise vessel thus exempted from operating any vessel between: (1) any two ports served by another cruise vessel transporting passengers in the coastwise trade on the date the Secretary of Transportation issues the coastwise endorsement; or (2) any of the Hawaiian islands. Sets forth civil and forfeiture penalties for violations of this Act. (Sec. 4) Requires the Secretary of Transportation (Secretary) to issue a certificate of inspection to vessels that: (1) meet the standards and conditions for the issuance of a control verification certificate to a foreign vessel embarking passengers in the United States; (2) a coastwise endorsement is issued; and (3) are authorized to engage in coastwise trade as vessels reflagged under the requirements of this Act. (Sec. 5) Amends the Shipping Act, 1916 to declare that, for purposes of vessel documentation in the coastwise trade, the controlling interest in a partnership or association that owns such a vessel shall not be deemed to be a U.S. citizen unless a majority interest in the partnership or association is owned by U.S. citizens free from any trust or fiduciary obligation in favor of a non-U.S. citizen. (Sec. 7) Prohibits the Secretary of the Interior from permitting a person to operate a vessel in any unit of the National Park System except in accordance with specified priorities, the first of which goes to any person: (1) operating a U.S.-flag vessel whose home port is in the United States; or (2) holding rights to provide visitor services under the Alaska National Interest Lands Conservation Act. Requires the Secretary to revoke or renew permission for the operation of any foreign-documented vessel that does not hold such Alaskan visitor rights if: (1) a person requests permission to operate a U.S.-flag vessel in the same unit; and (2) permission may not be granted because of a limit on the number of such permits.

United States Cruise Vessel Development Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Welfare Reduction and Job Preservation Act of 2006''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) Corporations are subject to a tax rate of up to 34 percent or 35 percent. (2) Over the past several years, one of the most serious problems affecting the middle-class has been corporate downsizing. Many large, wealthy, and profitable corporations have reduced the number of their American employees by transferring those jobs to foreign countries or have reduced the number of their employees in order to realize an immediate short-term profit or increase in stock value. SEC. 3. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. (a) In General.--Subchapter C of chapter 1 of the Internal Revenue Code of 1986 (relating to corporate distributions and adjustments) is amended by adding at the end the following new part: ``PART VII--REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE ``Sec. 386. Reduction of tax benefits for profitable large corporations which reduce workforce. ``SEC. 386. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. ``(a) In General.--For any taxable year, if any profitable large corporation reduces by 15 percent or more the number of employees who perform any task or function at any facility in the United States, the amount of each facility-related tax benefit shall be reduced by 50 percent. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Facility-related tax benefit.-- ``(A) In general.--The term `facility-related tax benefit' means-- ``(i) any tax benefit to the extent attributable to a facility described in subsection (a), or ``(ii) to the extent that a tax benefit is not attributable to any facility, a pro rata portion of such tax benefit (as determined under regulations prescribed by the Secretary). ``(B) Exception.--Such term shall not include-- ``(i) any exclusion from gross income under section 127 or 129 or any other deduction for the cost of employee health care, child care, job training, or retraining, or ``(ii) any other tax benefit (other than wages) which the Secretary determines by regulation to be a tax benefit for costs incurred primarily for the benefit of employees rather than the employer. ``(2) Large corporation.--The term `large corporation' means a corporation or partnership which is not a small- business concern (within the meaning of section 3 of the Small Business Act, as in effect on the date of the enactment of this section). ``(3) Profitable.--Any large corporation shall be treated as profitable, for any taxable year, if the sum of taxable income (if any) for the 5-taxable-year period ending with the preceding taxable year (or, if shorter, the period consisting of all preceding taxable years of such large corporation) equals or exceeds the sum of the net operating losses (if any) attributable to such period. ``(4) Related persons.-- ``(A) In general.--All related persons shall be treated as one person. ``(B) Related persons defined.--The term `related persons' means-- ``(i) persons bearing a relationship described in section 267 or 707(b), and ``(ii) persons treated as a single employer under subsection (a) or (b) of section 52. ``(5) Tax benefit.--The term `tax benefit' means a credit, deduction, or exclusion allowable under this title.'' (b) Transmission of Data by Secretary of Labor.--The Secretary of Labor shall transmit to the Secretary of the Treasury, not less than annually, a list of corporations and partnerships described in section 386(a) of the Internal Revenue Code of 1986 (as added by this section). (c) Clerical Amendment.--The table of parts for subchapter C of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VII. Reduction of tax benefits for profitable large corporations which reduce workforce'' (d) Effective Date.--This section and the amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 4. ACCELERATION OF LOANS MADE BY CERTAIN GOVERNMENT ENTITIES AS PENALTY AGAINST PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. (a) OPIC Loans.--Section 235 of the Foreign Assistance Act of 1961 (22 U.S.C. 2195) is amended by adding at the end the following: ``(g) Limitations on Assistance to Profitable Large Corporations That Reduce Workforce.-- ``(1) In general.--If a facility-related tax benefit of an entity for a taxable year is reduced by reason of section 386(a) of the Internal Revenue Code of 1986, then-- ``(A) the entity shall immediately repay to the Corporation the amount of any loan made by the Corporation to the entity under section 234; ``(B) any insurance policy provided by the Corporation to the entity under such section is rescinded; and ``(C) until the Secretary of the Treasury determines that the activity on the basis of which the facility-related tax benefit of the entity was so reduced has ceased, the Corporation may not, during the immediately succeeding taxable year of the entity, extend credit, participate in an extension of credit, or provide any insurance, directly to the entity under such section. ``(2) Effect of failure to repay loan.--Interest shall accrue on any amount required by paragraph (1)(A) to be repaid to the Corporation at a rate of 10 percent per month.''. (b) Export-Import Bank Loans.--Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is amended by adding at the end the following: ``(g) Limitations on Assistance to Profitable Large Corporations That Reduce Workforce.-- ``(1) In general.--If a facility-related tax benefit of an entity for a taxable year is reduced by reason of section 386(a) of the Internal Revenue Code of 1986, then-- ``(A) the entity shall immediately repay to the Bank the amount of any loan made by the Bank to the entity; ``(B) any insurance policy provided by the Bank to the entity is rescinded; and ``(C) until the Secretary of the Treasury determines that the activity on the basis of which the facility-related tax benefit of the entity was so reduced has ceased, the Bank may not, during the immediately succeeding taxable year of the entity, extend credit, participate in an extension of credit, or provide any insurance, directly to the entity. ``(2) Effect of failure to repay loan.--Interest shall accrue on any amount required by paragraph (1)(A) to be repaid to the Bank at a rate of 10 percent per month.''.

Corporate Welfare Reduction and Job Preservation Act of 2006 - Amends the Internal Revenue Code to require a 50% reduction in tax benefits for certain large profitable corporations that reduce their employee workforce by 15% or more. Defines "large profitable corporation" as a corporation or partnership that is not defined as a small business concern under the Small Business Act and which has a taxable income that exceeds net operating losses during a specified five-year period. Amends the Foreign Assistance Act of 1961 and the Export-Import Act of 1945 to require large profitable corporations (as defined by this Act) that reduce their employee workforce by 15% or more to immediately repay loans and forfeit insurance benefits and credit lines provided by such Acts.

To amend the Internal Revenue Code of 1986 to reduce by 50 percent certain tax benefits allowable to profitable large corporations which make certain workforce reductions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Assistance Act of 2007''. SEC. 2. INCREASE AND EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) Extension.--Subsection (g) of section 25D of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2008'' and inserting ``December 31, 2016''. (b) Repeal of Maximum Dollar Limitation.-- (1) In general.--Subsection (b) of section 25D of such Code is amended to read as follows: ``(b) Certification of Solar Water Heating Property.--No credit shall be allowed under this section for an item of property described in subsection (d)(1) unless such property is certified for performance by the non-profit Solar Rating Certification Corporation or a comparable entity endorsed by the government of the State in which such property is installed.''. (2) Conforming amendments.-- (A) Subsection (e) of section 25D of such Code is amended by striking paragraph (4) and by redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively. (B) Paragraph (1) of section 25C(e) of such Code is amended by striking ``(8), and (9)'' and inserting ``and (8) (and paragraph (4) as in effect before its repeal)''. (c) Credit Allowed Against Alternative Minimum Tax.-- (1) In general.--Subsection (c) of section 25D of such Code is amended to read as follows: ``(c) Limitation Based on Amount of Tax; Carryforward of Unused Credit.-- ``(1) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year. ``(2) Carryforward of unused credit.-- ``(A) Rule for years in which all personal credits allowed against regular and alternative minimum tax.-- In the case of a taxable year to which section 26(a)(2) applies, if the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(B) Rule for other years.--In the case of a taxable year to which section 26(a)(2) does not apply, if the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.''. (2) Conforming amendments.-- (A) Section 23(b)(4)(B) of such Code is amended by inserting ``and section 25D'' after ``this section''. (B) Section 24(b)(3)(B) of such Code is amended by striking ``and 25B'' and inserting ``, 25B, and 25D''. (C) Section 25B(g)(2) of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25D''. (D) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25D''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to expenditures made after the date of the enactment of this Act. (2) Extension.--The amendment made by subsection (a) shall apply to property placed in service after December 31, 2008. (3) Allowance against alternative minimum tax.-- (A) In general.--The amendments made by subsection (c) shall apply to taxable years beginning after the date of the enactment of this Act. (B) Application of egtrra sunset.--The amendments made by subparagraphs (A) and (B) of subsection (c)(2) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provisions of such Act to which such amendments relate. SEC. 3. EXTENSION AND MODIFICATION OF ENERGY CREDIT. (a) Extension of 30 Percent Credit for Solar Energy.--Subclause (II) of section 48(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2009'' and inserting ``January 1, 2017''. (b) Extension for Qualified Fuel Cells.--Subparagraph (E) of section 48(c)(1) of such Code is amended by striking ``December 31, 2008'' and inserting ``December 31, 2016''. (c) Public Electric Utility Property Taken Into Account.-- (1) In general.--Paragraph (3) of section 48(a) of such Code is amended by striking the second sentence thereof. (2) Conforming amendment.--Paragraph (1) of section 48(c) of such Code, after amendment under subsection (b), is amended by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D). (3) Effective date.--The amendments made by this subsection shall apply to periods after June 20, 2007, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 4. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY. Subsection (g) of section 25C of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2007'' and inserting ``December 31, 2015''. SEC. 5. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR APPLIANCES PRODUCED AFTER 2007. (a) In General.--Subsection (b) of section 45M of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Applicable Amount.--For purposes of subsection (a)-- ``(1) Dishwashers.--The applicable amount is-- ``(A) $45 in the case of a dishwasher which is manufactured in calendar year 2008 or 2009 and which uses no more than 324 kilowatt hours per year and 5.8 gallons per cycle, and ``(B) $75 in the case of a dishwasher which is manufactured in calendar year 2008, 2009, or 2010 and which uses no more than 307 kilowatt hours per year and 5.0 gallons per cycle (5.5 gallons per cycle for dishwashers designed for greater than 12 place settings). ``(2) Clothes washers.--The applicable amount is-- ``(A) $75 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 which meets or exceeds a 1.72 modified energy factor and does not exceed a 8.0 water consumption factor, ``(B) $125 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 or 2009 which meets or exceeds a 1.8 modified energy factor and does not exceed a 7.5 water consumption factor, ``(C) $150 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009 or 2010 which meets or exceeds 2.0 modified energy factor and does not exceed a 6.0 water consumption factor, and ``(D) $250 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009, or 2010 which meets or exceeds 2.2 modified energy factor and does not exceed a 4.5 water consumption factor. ``(3) Refrigerators.--The applicable amount is-- ``(A) $50 in the case of a refrigerator which is manufactured in calendar year 2008, and consumes at least 20 percent but not more than 22.9 percent less kilowatt hours per year than the 2001 energy conservation standards, ``(B) $75 in the case of a refrigerator which is manufactured in calendar year 2008 or 2009, and consumes at least 23 percent but no more than 24.9 percent less kilowatt hours per year than the 2001 energy conservation standards, ``(C) $100 in the case of a refrigerator which is manufactured in calendar year 2008, 2009 or 2010, and consumes at least 25 percent but not more than 29.9 percent less kilowatt hours per year than the 2001 energy conservation standards, and ``(D) $200 in the case of a refrigerator manufactured in calendar year 2008, 2009 or 2010 and which consumes at least 30 percent less energy than the 2001 energy conservation standards. ``(4) Dehumidifiers.--The applicable amount is-- ``(A) $15 in the case of a dehumidifier manufactured in calendar year 2008 that has a capacity less than or equal to 45 pints per day and is 7.5 percent more efficient than the applicable Department of Energy energy conservation standard effective October 2012, and ``(B) $25 in the case of a dehumidifier manufactured in calendar year 2008 that has a capacity greater than 45 pints per day and is 7.5 percent more efficient than the applicable Department of Energy energy conservation standard effective October 2012.''. (b) Eligible Production.-- (1) Similar treatment for all appliances.--Subsection (c) of section 45M of such Code is amended-- (A) by striking paragraph (2), (B) by striking ``(1) In general'' and all that follows through ``the eligible'' and inserting ``The eligible'', and (C) by moving the text of such subsection in line with the subsection heading and redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (2) Modification of base period.--Paragraph (2) of section 45M(c) of such Code, as amended by paragraph (1) of this section, is amended by striking ``3-calendar year'' and inserting ``2-calendar year''. (c) Types of Energy Efficient Appliances.--Subsection (d) of section 45M of such Code is amended to read as follows: ``(d) Types of Energy Efficient Appliance.--For purposes of this section, the types of energy efficient appliances are-- ``(1) dishwashers described in subsection (b)(1), ``(2) clothes washers described in subsection (b)(2), ``(3) refrigerators described in subsection (b)(3), and ``(4) dehumidifiers described in subsection (b)(4).''. (d) Aggregate Credit Amount Allowed.-- (1) Increase in limit.--Paragraph (1) of section 45M(e) of such Code is amended to read as follows: ``(1) Aggregate credit amount allowed.--The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $75,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years beginning after December 31, 2007.''. (2) Exception for certain refrigerator and clothes washers.--Paragraph (2) of section 45M(e) of such Code is amended to read as follows: ``(2) Amount allowed for certain refrigerators and clothes washers.--Refrigerators described in subsection (b)(3)(D) and clothes washers described in subsection (b)(2)(D) shall not be taken into account under paragraph (1).''. (e) Qualified Energy Efficient Appliances.-- (1) In general.--Paragraph (1) of section 45M(f) of such Code is amended to read as follows: ``(1) Qualified energy efficient appliance.--The term `qualified energy efficient appliance' means-- ``(A) any dishwasher described in subsection (b)(1), ``(B) any clothes washer described in subsection (b)(2), ``(C) any refrigerator described in subsection (b)(3), and ``(D) any dehumidifier described in subsection (b)(4).''. (2) Clothes washer.--Section 45M(f)(3) of such Code is amended by inserting ``commercial'' before ``residential'' the second place it appears. (3) Top-loading clothes washer.--Subsection (f) of section 45M of such Code is amended by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Top-loading clothes washer.--The term ``top-loading clothes washer'' means a clothes washer which has the clothes container compartment access located on the top of the machine and which operates on a vertical axis.''. (4) Dehumidifier.--Subsection (f) of section 45M of such Code, as amended by paragraph (3), is amended by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8) and (9), respectively, and by inserting after paragraph (5) the following new paragraph: ``(6) Dehumidifier.--The term `dehumidifier' means a self- contained, electrically operated, and mechanically refrigerated encased assembly consisting of-- ``(A) a refrigerated surface that condenses moisture from the atmosphere, ``(B) a refrigerating system, including an electric motor, ``(C) an air-circulating fan, and ``(D) means for collecting or disposing of condensate.''. (5) Replacement of energy factor.--Section 45M(f)(7) of such Code, as amended by paragraph (4), is amended to read as follows: ``(7) Modified energy factor.--The term `modified energy factor' means the modified energy factor established by the Department of Energy for compliance with the Federal energy conservation standard.''. (6) Gallons per cycle; water consumption factor.--Section 45M(f) of such Code is amended by adding at the end the following: ``(10) Gallons per cycle.--The term `gallons per cycle' means, with respect to a dishwasher, the amount of water, expressed in gallons, required to complete a normal cycle of a dishwasher. ``(11) Water consumption factor.--The term `water consumption factor' means, with respect to a clothes washer, the quotient of the total weighted per-cycle water consumption divided by the cubic foot (or liter) capacity of the clothes washer.''. (f) Effective Date.--The amendments made by this section shall apply to appliances produced after December 31, 2007.

Renewable Energy Assistance Act of 2007 - Amends the Internal Revenue Code to: (1) eliminate the dollar limitation on the tax credit for residential energy efficiency property expenditures and extend such credit through 2016; (2) extend through 2016 the energy tax credit for solar energy and qualified fuel cell property; (3) allow public electric utility property to qualify for the energy tax credit; (4) extend through 2015 the tax credit for nonbusiness energy property; and (5) modify energy efficient appliance tax credit amounts for appliances (e.g., dishwashers, clothes washers, refrigerators, and dehumidifiers) produced after 2007.

To amend the Internal Revenue Code of 1986 to increase and extend certain renewable energy and energy efficiency incentives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reward Innovation in America Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administering entity.--The term ``administering entity'' means an entity with which the Secretary enters into an agreement under section 4(e). (2) Competition.--The term ``competition'' means a competition for an innovation prize under the program described in section 4(a). (3) Innovation prize.--The term ``innovation prize'' means a prize awarded to a participant who wins a competition. (4) Participant.--The term ``participant'' means an individual or entity that participates in a competition. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 3. NATIONAL INNOVATION PRIZES BOARD. (a) Establishment.--There is established in the Department of Commerce a National Innovation Prizes Board (referred to in this Act as the ``Board''). (b) Purposes.--The purposes of the Board are as follows: (1) To develop and administer the program described in section 4(a). (2) To select the research topics for competitions. (3) To establish the rules of the competitions and the criteria for winning innovation prizes. (4) To determine the amount of the innovation prize for each competition. (5) To certify the winners of the competitions. (6) To determine the annual funding requirement for each competition. (c) Membership.-- (1) Number of members.--The Secretary shall determine the number of members of the Board. (2) Chair.--The Secretary, or a designee of the Secretary, shall serve as Chair of the Board. (3) Members.-- (A) From federal agencies.--The Secretary may appoint the heads of Federal agencies to serve as full members of the Board on a permanent basis. (B) Non-federal members.--The Secretary may appoint to the Board individuals who are not officers or employees of the Federal Government and who have national reputations in the private sector, policy sector, or academic institutions. (4) Terms.-- (A) In general.--Except as provided in subparagraph (B), a member of the Board shall serve for a term of 3 years. (B) Initial terms.--The initial terms of members described in paragraph (3)(B) shall be staggered. (5) Vacancies.--A member of the Board described in paragraph (3)(B) appointed to fill a vacancy occurring other than by the expiration of a term shall be appointed for the remainder of the term of the former member. (6) Status.--Except as provided in paragraph (7), a member described in paragraph (3)(B) shall not be deemed to be an officer or employee of the United States for purposes of the laws or regulations of the United States. (7) Travel expenses.--A member described in paragraph (3)(B) shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of the Federal Government under subchapter I of chapter 57 of title 5, United States Code. SEC. 4. INNOVATION PRIZES PROGRAM. (a) In General.--The program described in this subsection means a program of competitions to award innovation prizes to eligible individuals and entities to advance the research, development, and commercial application of innovative technologies. (b) Eligible Individuals and Entities.-- (1) In general.--The term ``eligible individual or entity'' includes an individual, university, or small or large business that complies with the requirements of paragraph (2). (2) Requirements.--An eligible individual or entity-- (A) shall have complied with such eligibility requirements for participation in a competition as the Board may establish and publish in the Federal Register under subsection (d)(2); (B) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States; (C) in the case of an individual, whether participating in the program singly or in a group, shall be a citizen of, or an alien lawfully admitted for permanent residence in, the United States; and (D) may not be-- (i) a Federal entity, such as a federally funded research and development center or a government-owned, contractor-operated laboratory; (ii) a Federal employee acting within the scope of employment; or (iii) an employee of a national laboratory acting within the scope of employment. (3) Consultation with federal employees.--An individual or entity shall not be deemed ineligible under this subsection because such individual or entity used Federal facilities or consulted with Federal employees during a competition if such facilities and employees are made available to all individuals and entities participating in the competition on an equitable basis. (c) Development of Program.-- (1) Plan.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives a plan for implementing the program described in subsection (a) that includes-- (A) a description of how the research topics for competitions and the criteria for awarding the innovation prizes will be determined; (B) the terms and conditions of the competitions; (C) the time frame for the award of innovation prizes; and (D) a description of the plans of the Secretary to partner with nonprofit organizations or Federal agencies to sponsor competitions or to outsource administration of competitions to nonprofit organizations under subsection (e). (2) Innovation prizes.--In developing the plan under paragraph (1), the Secretary shall include the following requirements: (A) Categories.--There shall be 2 categories of innovation prizes as follows: (i) 21st century innovation prizes.--21st Century Innovation Prizes shall be awarded in multiple competitions in different research areas. The amount of each 21st Century Innovation Prize award may not exceed $2,000,000. (ii) Innovate america grand challenge prizes.-- (I) In general.--Innovate America Grand Challenge Prizes shall be awarded in large, highly complex, and expensive competitions that-- (aa) are held every 2 to 4 years; and (bb) address research objectives well beyond the current state of the art and that are intended to become integral to major changes in complex socio-technological systems. (II) Amount of award.--The amount of each Innovate America Grand Challenge Prize award shall be $5,000,000 or more, but not more than $30,000,000. (B) Awards.--The Board shall determine the amount of each innovation prize for each competition and may elect to award only a first place prize or to award first, second, and third place prizes. (d) Advertising and Notice to Participants.-- (1) Advertising.--The Board shall advertise each competition widely to encourage broad participation in each competition, including by individuals, universities (including historically Black colleges and universities and other institutions serving minorities), and large and small businesses (including businesses owned or controlled by socially and economically disadvantaged persons). (2) Federal register notice.--The Board shall announce each competition by publishing in the Federal Register a notice that includes the subject of the competition, the duration of the competition, the eligibility requirements for participation in the competition, the process for participants to register for the competition, the amount of the innovation prize, and the criteria for awarding the innovation prize. (e) Administering Competitions.--The Board may enter into an agreement with a private, nonprofit organization to administer competitions. The duties of the administering entity under the agreement shall include-- (1) advertising competitions and the results of competitions; (2) raising funds from private entities and individuals to pay for administrative costs of competitions and to contribute to cash innovation prizes; (3) working with the Board to develop the criteria for selecting winners in competitions, based on goals provided by the Secretary; (4) determining, in consultation with the Board, the appropriate amount of each innovation prize to be awarded; (5) selecting judges for competitions using criteria developed in consultation with the Board; and (6) preventing the unauthorized use or disclosure of the intellectual property, trade secrets, and confidential business information of participants. (f) Funding.-- (1) Funding sources.-- (A) In general.--Innovation prizes awarded under the program described in subsection (a) shall consist of-- (i) funds authorized to be appropriated under section 6; and (ii) any funds raised by the administering entity under subsection (e)(2). (B) Federal agencies.--The Secretary may accept funds from other Federal agencies for innovation prizes. (2) Funding from other entities.-- (A) In general.--The Board is authorized to enter into agreements with other entities, including corporations, nonprofit organizations, and other government agencies, to offer joint innovation prizes if-- (i) the joint innovation prize supports the purposes of this Act; (ii) the entity offering additional funds agrees to deposit the funds into a designated escrow account; and (iii) the Board retains full authority over the competition and the awarding of the cash innovation prizes. (B) Prohibition on special consideration in return for donations.--The Secretary may not give any special consideration to any private sector entity or individual in return for a donation to the administering entity to fund a competition. (3) Announcement of innovation prizes contingent on funding.-- (A) In general.--The Secretary may not publish the notice in the Federal Register required by subsection (d)(2) until all the funds necessary to pay the innovation prize have been appropriated or committed in writing. (B) Increases in amount of innovation prize.--The Secretary may increase the amount of an innovation prize after an initial announcement is made under subsection (d)(2) if-- (i) notice of the increase is published in the Federal Register; and (ii) the funds needed to pay the amount of the increase have been appropriated or committed in writing. (g) Liability.-- (1) Waiver of liability.-- (A) In general.--The Secretary may require participants to waive claims against the Federal Government and the administering entity (except claims for willful misconduct) for any injury, death, damage, or loss of property, revenue, or profits arising from participation in a competition. (B) Notice.--The Secretary shall give notice of any waiver required under subparagraph (A) in the notice published in the Federal Register under subsection (d)(2). (C) Exception.--The Secretary may not require a participant to waive claims against the administering entity arising out of the unauthorized use or disclosure by the administering entity of the intellectual property, trade secrets, or confidential business information of the participant. (2) Liability insurance.-- (A) Requirements.--A participant shall be required to obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by-- (i) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out in connection with participation in a competition; and (ii) the Federal Government for damage or loss to Government property resulting from participation in a competition. (B) Federal government insured.--The Federal Government shall be named as an additional insured under an insurance policy required under subparagraph (A). A registered participant shall be required to agree to indemnify the Federal Government against third party claims for damages arising from or related to participation in a competition. (h) Intellectual Property.-- (1) Prohibition on the government acquiring intellectual property rights.--The Federal Government may not gain an interest in intellectual property developed by a participant for a competition. (2) Licenses.--The Federal Government may negotiate a license for the use of intellectual property developed by a participant for a competition. SEC. 5. REPORT. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives a report describing the activities of the program described in section 4(a), including-- (1) a description of the methods used to select the research topics of competitions and the amounts of the innovation prizes; (2) a discussion of the features of competitions that contribute to the success or lack of success of the competitions; (3) the number of participants involved in the competitions; (4) the amount of private funds contributed to the program and the sources of such funds; (5) the effect of the program on public awareness of innovation; and (6) the effect of the program on the public image of the Department of Commerce. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.-- (1) Awards.--There are authorized to be appropriated to the Secretary to carry out the provisions of this Act-- (A) for each of fiscal years 2008 through 2012, $5,000,000 for awards described in section 4(c)(2)(A)(i); and (B) for fiscal year 2008, $30,000,000 for awards described in section 4(c)(2)(A)(ii). (2) Administration.--In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be appropriated to the Secretary for each of fiscal years 2008 through 2012 $750,000 for the administrative costs of carrying out this Act. (b) Carryover of Funds.--Funds appropriated to carry out the provisions of this Act shall remain available until expended.

Reward Innovation in America Act - Establishes a National Innovation Prizes Board in the Department of Commerce, which shall develop and administer a program of competitions to award innovation prizes to eligible individuals and entities to advance the research, development, and commercial application of innovative technologies. Requires the Secretary of Commerce to submit a plan for implementing such program. Requires that there be two categories of prizes: (1) 21st Century Innovation Prizes, which shall be awarded in multiple competitions in different research areas; and (2) Innovate America Grand Challenge Prizes, which shall be awarded in large, highly complex, and expensive competitions that are held every two to four years and address research objectives well beyond the current state of the art and that are intended to become integral to major changes in complex socio-technological systems. Requires the Board to determine the amount of each prize for each competition. Instructs the Board to: (1) advertise competitions widely to encourage broad participation; and (2) publish notices of competitions in the Federal Register. Authorizes the Board to enter into an agreement with a private, nonprofit organization to administer competitions. Specifies that prizes awarded under the program shall consist of: (1) funds authorized to be appropriated pursuant to this Act; and (2) any funds raised by the administering entity to pay for administrative costs of competitions and to contribute to cash prizes. Requires the Secretary to submit annual reports describing the activities of the program.

A bill to establish a program to award innovation prizes to individuals and entities for researching and developing innovative technologies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inflammatory Bowel Disease Research and Awareness Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Crohn's disease and ulcerative colitis are serious inflammatory diseases of the gastrointestinal tract. (2) Crohn's disease may occur in any section of the gastrointestinal tract but is predominately found in the lower part of the small intestine and the large intestine. Ulcerative colitis is characterized by inflammation and ulceration of the innermost lining of the colon. Complete removal of the colon in patients with ulcerative colitis can potentially alleviate and cure symptoms. (3) Because Crohn's disease and ulcerative colitis behave similarly, they are collectively known as inflammatory bowel disease. Both diseases present a variety of symptoms, including severe diarrhea, abdominal pain with cramps, fever, arthritic joint pain, inflammation of the eye, and rectal bleeding. There is no known cause of inflammatory bowel disease, or medical cure. (4) It is estimated that up to 1,400,000 people in the United States suffer from inflammatory bowel disease, 30 percent of whom are diagnosed during their childhood years. (5) Children with inflammatory bowel disease miss school activities because of bloody diarrhea and abdominal pain, and many adults who had onset of inflammatory bowel disease as children had delayed puberty and impaired growth and have never reached their full genetic growth potential. (6) Inflammatory bowel disease patients are at high risk for developing colorectal cancer. (7) The total annual medical costs for inflammatory bowel disease patients are estimated at more than $2,000,000,000. (8) The average time from presentation of symptoms to diagnosis in children is 3 years. (9) Delayed diagnosis of inflammatory bowel disease frequently results in more-active disease associated with increased morbidity and complications. (10) Congress has appropriated $3,480,000 from fiscal year 2005 to fiscal year 2009 for epidemiology research on inflammatory bowel disease through the Centers for Disease Control and Prevention. (11) The National Institutes of Health National Commission on Digestive Diseases issued comprehensive research goals related to inflammatory bowel disease in its April 2009 report to Congress and the American public entitled; ``Opportunities and Challenges in Digestive Diseases Research: Recommendations of the National Commission on Digestive Diseases''. SEC. 3. ENHANCING PUBLIC HEALTH ACTIVITIES ON INFLAMMATORY BOWEL DISEASE AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 320A the following: ``SEC. 320B. INFLAMMATORY BOWEL DISEASE EPIDEMIOLOGY PROGRAM. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall conduct, support and expand existing epidemiology research on inflammatory bowel disease in both pediatric and adult populations. ``(b) Grants.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to, and enter into contracts and cooperative agreements with, a patient or medical organization with expertise in conducting inflammatory bowel disease research to develop and administer the epidemiology program. ``(c) Rule of Construction.--Nothing in this section shall be construed to limit the authority of the Centers for Disease Control and Prevention to support a pediatric inflammatory bowel disease patient registry. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $1,500,000 for each of the fiscal years 2010 through 2014. ``SEC. 320C. INCREASING PUBLIC AWARENESS OF INFLAMMATORY BOWEL DISEASE AND IMPROVING HEALTH PROFESSIONAL EDUCATION. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants to eligible entities for the purpose of increasing awareness of inflammatory bowel disease among the general public and health care providers. ``(b) Use of Funds.--An eligible entity shall use grant funds under this section to develop educational materials and conduct awareness programs focused on the following subjects: ``(1) Crohn's disease and ulcerative colitis, and their symptoms. ``(2) Testing required for appropriate diagnosis, and the importance of accurate and early diagnosis. ``(3) Key differences between pediatric and adult disease. ``(4) Specific physical and psychosocial issues impacting pediatric patients, including stunted growth, malnutrition, delayed puberty, and depression. ``(5) Treatment options for both adult and pediatric patients. ``(6) The importance of identifying aggressive disease in children at an early stage in order to implement the most effective treatment protocol. ``(7) Complications of inflammatory bowel disease and related secondary conditions, including colorectal cancer. ``(8) Federal and private information resources for patients and physicians. ``(9) Incidence and prevalence data on pediatric and adult inflammatory bowel disease. ``(c) Eligible Entity.--For purposes of this section, the term `eligible entity' means a patient or medical organization with experience in serving adults and children with inflammatory bowel disease. ``(d) Report to Congress.--Not later than September 30, 2010, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the House of Representatives and the Senate, a report regarding the status of activities carried out under this section. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 through 2014.''. SEC. 4. EXPANSION OF BIOMEDICAL RESEARCH ON INFLAMMATORY BOWEL DISEASE. (a) Sense of Congress.--It is the sense of Congress that-- (1) the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health and the Director of the National Institute of Diabetes and Digestive and Kidney Diseases (in this section referred to as the Institute), should aggressively support basic, translational, and clinical research designed to meet the research goals for inflammatory bowel disease included in the National Institutes of Health National Commission on Digestive Diseases report entitled ``Opportunities and Challenges in Digestive Diseases Research: Recommendations of the National Commission on Digestive Diseases'', which shall include-- (A) establishing an objective basis for determining clinical diagnosis, detailed phenotype, and disease activity in inflammatory bowel disease; (B) developing an individualized approach to inflammatory bowel disease risk evaluation and management based on genetic susceptibility; (C) modulating the intestinal microflora to prevent or control inflammatory bowel disease; (D) effectively modulating the mucosal immune system to prevent or ameliorate inflammatory bowel disease; (E) sustaining the health of the mucosal surface; (F) promoting regeneration and repair of injury in inflammatory bowel disease; (G) providing effective tools for clinical evaluation and intervention in inflammatory bowel disease; and (H) ameliorating or preventing adverse effects of inflammatory bowel disease on growth and development in children and adolescents; (2) the Institute should support the training of qualified health professionals in biomedical research focused on inflammatory bowel disease, including pediatric investigators; and (3) the Institute should continue its strong collaboration with medical and patient organizations concerned with inflammatory bowel disease and seek opportunities to promote research identified in the scientific agendas ``Challenges in Inflammatory Bowel Disease Research'' (Crohn's and Colitis Foundation of America) and ``Chronic Inflammatory Bowel Disease'' (North American Society for Pediatric Gastroenterology, Hepatology and Nutrition). (b) Biennial Reports.--As part of the biennial report submitted under section 403 of the Public Health Service Act (42 U.S.C. 283), the Secretary of Health and Human Services shall include information on the status of inflammatory bowel disease research at the National Institutes of Health.

Inflammatory Bowel Disease Research and Awareness Act - Amends the Public Health Service Act to: (1) require the Centers for Disease Control and Prevention (CDC) to conduct, support, and expand existing epidemiology research on inflammatory bowel disease (i.e., Crohn's disease and ulcerative colitis) in both pediatric and adult populations; (2) authorize the CDC to award grants and enter into cooperative agreements to develop and administer such epidemiology research; and (3) direct the CDC to award grants to increase awareness of inflammatory bowel disease among the general public and health care providers. Expresses the sense of Congress that the Directors of the National Institutes of Health (NIH) and the National Institute of Diabetes and Digestive and Kidney Diseases should support specified research and training goals for inflammatory bowel diseases.

A bill to support research and public awareness activities with respect to inflammatory bowel disease, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Covering People With Pre-Existing Conditions Act of 2014''. SEC. 2. ESTABLISHING UNIVERSAL ACCESS PROGRAMS TO IMPROVE HIGH RISK POOLS AND REINSURANCE MARKETS FOR INDIVIDUALS WITH PRE- EXISTING CONDITIONS. (a) State Requirement.-- (1) In general.--Not later than January 1, 2015, each State shall-- (A) subject to paragraph (3), operate-- (i) a qualified State reinsurance program described in subsection (b); or (ii) qualifying State high risk pool described in subsection (c)(1); and (B) subject to paragraph (3), apply to the operation of such a program from State funds an amount equivalent to the portion of State funds derived from State premium assessments (as defined by the Secretary) that are not otherwise used on State health care programs. (2) Relation to current qualified high risk pool program.-- (A) States not operating a qualified high risk pool.--In the case of a State that is not operating a current section 2745 qualified high risk pool as of the date of the enactment of this Act-- (i) the State may only meet the requirement of paragraph (1) through the operation of a qualified State reinsurance program described in subsection (b); and (ii) the State's operation of such a reinsurance program shall be treated, for purposes of section 2745 of the Public Health Service Act, as the operation of a qualified high risk pool described in such section. (B) State operating a qualified high risk pool.--In the case of a State that is operating a current section 2745 qualified high risk pool as of the date of the enactment of this Act-- (i) as of January 1, 2015, such a pool shall not be treated as a qualified high risk pool under section 2745 of the Public Health Service Act unless the pool is a qualifying State high risk pool described in subsection (c)(1); and (ii) the State may use premium assessment funds described in paragraph (1)(B) to transition from operation of such a pool to operation of a qualified State reinsurance program described in subsection (b). (3) Application of funds.--If the program or pool operated under paragraph (1)(A) is in strong fiscal health, as determined in accordance with standards established by the National Association of Insurance Commissioners and as approved by the State Insurance Commissioner involved, the requirement of paragraph (1)(B) shall be deemed to be met. (b) Qualified State Reinsurance Program.-- (1) In general.--For purposes of this section, a ``qualified State reinsurance program'' means a program operated by a State program that provides reinsurance for health insurance coverage offered in the small group market in accordance with the model for such a program established (as of the date of the enactment of this Act). (2) Form of program.--A qualified State reinsurance program may provide reinsurance-- (A) on a prospective or retrospective basis; and (B) on a basis that protects health insurance issuers against the annual aggregate spending of their enrollees as well as purchase protection against individual catastrophic costs. (3) Satisfaction of hipaa requirement.--A qualified State reinsurance program shall be deemed, for purposes of section 2745 of the Public Health Service Act, to be a qualified high risk pool under such section. (c) Qualifying State High Risk Pool.-- (1) In general.--A qualifying State high risk pool described in this subsection means a current section 2745 qualified high risk pool that meets the following requirements: (A) The pool must provide at least two coverage options, one of which must be a high deductible health plan coupled with a health savings account. (B) The pool must be funded with a stable funding source. (C) The pool must eliminate any waiting lists so that all eligible residents who are seeking coverage through the pool should be allowed to receive coverage through the pool. (D) The pool must allow for coverage of individuals who, but for the 24-month disability waiting period under section 226(b) of the Social Security Act, would be eligible for Medicare during the period of such waiting period. (E) The pool must limit the pool premiums to no more than 150 percent of the average premium for applicable standard risk rates in that State. (F) The pool must conduct education and outreach initiatives so that residents and brokers understand that the pool is available to eligible residents. (G) The pool must provide coverage for preventive services and disease management for chronic diseases. (2) Verification of citizenship or alien qualification.-- (A) In general.--Notwithstanding any other provision of law, only citizens and nationals of the United States shall be eligible to participate in a qualifying State high risk pool that receives funds under section 2745 of the Public Health Service Act or this section. (B) Condition of participation.--As a condition of a State receiving such funds, the Secretary shall require the State to certify, to the satisfaction of the Secretary, that such State requires all applicants for coverage in the qualifying State high risk pool to provide satisfactory documentation of citizenship or nationality in a manner consistent with section 1903(x) of the Social Security Act. (C) Records.--The Secretary shall keep sufficient records such that a determination of citizenship or nationality only has to be made once for any individual under this paragraph. (3) Relation to section 2745.--As of January 1, 2015, a pool shall not qualify as qualified high risk pool under section 2745 of the Public Health Service Act unless the pool is a qualifying State high risk pool described in paragraph (1). (d) Waivers.--In order to accommodate new and innovative programs, the Secretary may waive such requirements of this section for qualified State reinsurance programs and for qualifying State high risk pools as the Secretary deems appropriate. (e) Funding.--In addition to any other amounts appropriated, there is appropriated to carry out section 2745 of the Public Health Service Act (including through a program or pool described in subsection (a)(1))-- (1) $15,000,000,000 for the period of fiscal years 2015 through 2024; and (2) an additional $10,000,000,000 for the period of fiscal years 2020 through 2024. (f) Definitions.--In this section: (1) Health insurance coverage; health insurance issuer.-- The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms in section 2791 of the Public Health Service Act. (2) Current section 2745 qualified high risk pool.--The term ``current section 2745 qualified high risk pool'' has the meaning given the term ``qualified high risk pool'' under section 2745(g) of the Public Health Service Act as in effect as of the date of the enactment of this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Standard risk rate.--The term ``standard risk rate'' means a rate that-- (A) is determined under the State high risk pool by considering the premium rates charged by other health insurance issuers offering health insurance coverage to individuals in the insurance market served; (B) is established using reasonable actuarial techniques; and (C) reflects anticipated claims experience and expenses for the coverage involved. (5) State.--The term ``State'' means any of the 50 States or the District of Columbia.

Covering People With Pre-Existing Conditions Act of 2014 - Requires each state to mitigate the health costs of high risk individuals in the state through a state reinsurance program or a state high risk pool.

Covering People With Pre-Existing Conditions Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Broker Transparency and Accountability Act of 2007''. SEC. 2. MORTGAGE BROKER REQUIREMENTS. The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 129 the following new section: ``Sec. 129A. Duties of mortgage brokers ``(a) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Home mortgage loan.--The term `home mortgage loan' means any consumer credit transaction in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any real property located within the United States which is or, upon the completion of the transaction, will be used as the principal residence of the consumer. ``(2) Mortgage broker.--The term `mortgage broker' means any person who, for compensation or in anticipation of compensation, provides mortgage brokerage services with respect to home mortgage loans for which the person is not the creditor and includes any loan correspondents that provide such services. ``(3) Mortgage brokerage services.--The term `mortgage brokerage services' means any of the following services: ``(A) Arranging or negotiating, or attempting to arrange or negotiate, home mortgage loans or commitments for such loans. ``(B) Referring consumer applicants or prospective applicants for home mortgage loans to creditors. ``(C) Selecting or offering to select, on behalf of consumers, creditors to whom requests for an extension of a home mortgage loan may be made. ``(b) Mortgage Broker Responsibilities and Duties.-- ``(1) Agency by operation of law.--A mortgage broker who provides mortgage brokerage services to any consumer shall be deemed to have an agency relationship with the consumer for such purposes and the broker shall be subject to all requirements for agents of consumers that are applicable under State or Federal law in connection with providing such services. ``(2) Broker duties.--In providing any mortgage brokerage services to any consumer, the mortgage broker shall-- ``(A) act with reasonable skill, care, and diligence in providing any such services to the consumer and provide the consumer with a reasonable choice among available home mortgage loan products that meet the consumer's stated needs for mortgage financing; ``(B) disclose to a consumer the risks and benefits of each home mortgage loan product offered to the borrower, including any possibility of, and the possible extent of, a payment increase at the time of any resetting of rate, the extent of any prepayment penalties, balloon payments, and the consumer's responsibilities to pay taxes and insurance with respect to such product; ``(C) disclose to the consumer-- ``(i) all fees or other payments the mortgage broker may or will receive, if any, from a creditor in connection with each home mortgage loan product that is offered or disclosed to the consumer, directly or indirectly, in the course of providing such services; ``(ii) the amount of each such fee or payment; ``(iii) the rate used to determine the amount of any such fee; ``(iv) how the consumer may use the amount of such fees or payments to reduce settlement costs otherwise applicable to the consumer upon entering into consumer credit transaction involving such home mortgage loan product; and ``(v) all fees or other payments the mortgage broker may or will receive, if any, from the consumer in connection with each home mortgage loan product that is offered or disclosed to the consumer, directly or indirectly, in the course of providing such services; ``(D) meet all applicable licensing requirements under State or local law; and ``(E) obtain and permanently maintain a bond-- ``(i) for an amount equal to not less than 1 percent of the aggregate value of all direct and indirect fees received by the mortgage broker in connection with providing mortgage brokerage services in the calendar year preceding the date of the transaction; ``(ii) that inures, first, to the benefit of any consumer who has any claim against the mortgage broker under this title or any other applicable provision of law; and, second, to the benefit of creditors that deal with mortgage brokers in accordance with this title; and ``(iii) under which any assignee or subsequent transferee or trustee of a consumer or creditor remains a beneficiary of the bond. ``(3) Steering prohibited.--In connection with a home mortgage loan, a mortgage broker may not steer, counsel, or direct a consumer to a higher-cost mortgage as evidenced by higher rates, charges, principal amounts, or the inclusion of prepayment penalties or other terms than a lower-cost mortgage for which the consumer would otherwise qualify, considering the loan features requested by the consumer. ``(c) Statutory Obligation.--No requirement imposed on any mortgage broker under this section may be waived by any consumer or by the terms of any agreement executed between the mortgage broker and any consumer. ``(d) Enforcement.--For purposes of providing a cause of action for any failure to comply with any requirement imposed this section, section 130(a) shall be applied with respect to any such failure-- ``(1) by substituting `mortgage broker' for `creditor' each place such term appears in such section; and ``(2) by treating all points, fees, and costs incurred in the origination of any home mortgage loan as actual damages sustained by the consumer as a result of the failure.''. SEC. 3. DISCLOSURE OF AFFILIATIONS. The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 129A (as added by section 2 of this Act) the following new section: ``Sec. 129B. Disclosures in connection with all home mortgage loans ``Each creditor, mortgage broker (as defined in section 129A), or other person involved in making or obtaining a home mortgage loan (as defined in section 129A) to or for any consumer shall disclose to the consumer any financial or other business relationship the creditor, mortgage broker, or other person has with any person that may be involved in the transaction resulting in the home mortgage loan, including any real estate agent, any person providing title insurance, any person providing settlement services (as defined in section 3 of the Real Estate Settlement Procedures Act of 1974), or any person providing table-top financing (in the case of a loan correspondent) and information sufficient to inform the consumer about the relationship, including whether the relationship is exclusive.''. SEC. 4. CLERICAL AMENDMENT. The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 129 the following new items: ``129A. Duties of mortgage brokers. ``129B. Disclosures in connection with all home mortgage loans.''.

Mortgage Broker Transparency and Accountability Act of 2007 – Amends the Truth in Lending Act to establish mandatory responsibilities, duties, and disclosures governing mortgage brokers. Deems any mortgage broker to have a statutory agency relationship with the consumer subject to all requirements under state or federal law. Sets forth disclosure requirements, including disclosure of: (1) the risks and benefits of each home mortgage loan product; (2) possible payment increases at the time of any resetting of rate; (3) the extent of any prepayment penalties and balloon payments; and (4) the consumer's responsibilities to pay taxes and insurance with respect to such product. Requires mortgage brokers to maintain a bond that inures, first, to the benefit of any consumer who has any claim against the mortgage broker under this Act. Prohibits: (1) mortgage brokers from steering a consumer to a higher-cost mortgage than one for which the consumer would otherwise qualify; and (2) waiver by a consumer of the requirements imposed upon a mortgage broker under this Act. Requires disclosure of specified affiliations on the part of persons involved in the home mortgage loan process.

To amend the Truth in Lending Act to establish transparency and accountability requirements for mortgage brokers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Sharing Act of 2017''. SEC. 2. AMENDMENTS. (a) Assistance for Community Food Projects.--Section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (B) by striking ``and'' at the end; and (B) by striking subparagraph (C) and inserting the following: ``(C) $9,000,000 for each of the fiscal years 2015 through 2017; and ``(D) $8,500,000 for fiscal year 2018 and each fiscal year thereafter.''. (b) Assistance for Gleaning Projects.--The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: ``SEC. 30. ASSISTANCE FOR GLEANING PROJECTS. ``(a) Definitions.--In this section: ``(1) Gleaning project.--The term `gleaning project' means a project in which an entity-- ``(A) collects edible, surplus food that would be thrown away and distributes the food to agencies or nonprofit organizations that feed the hungry; or ``(B) harvests for free distribution to the needy, or for donation to agencies or nonprofit organizations for ultimate distribution to the needy, an agricultural crop that has been donated by the owner of the crop. ``(2) Eligible entity.--The term `eligible entity' means a public food program service provider, a tribal organization, or a private nonprofit entity that-- ``(A) has experience in the area of-- ``(i) providing food to individuals in low- income communities; or ``(ii) engaging in efforts to reduce food insecurity in low-income communities, including food distribution, improving access to services, or coordinating services and programs; ``(B) demonstrates competency to implement a gleaning project, to provide fiscal accountability, to collect data, and to prepare reports and other necessary documentation relating to such project; ``(C) demonstrates a willingness to share information relating to such project with researchers, practitioners, and other persons; and ``(D) submits to the Secretary an application that contains such terms and conditions as the Secretary may require by rule, including an agreement to provide the non-Federal cost of such project. ``(b) Authority To Provide Assistance.-- ``(1) Funds.--From amounts made available to carry out this Act, the Secretary may make grants to assist eligible entities to establish and carry out gleaning projects. ``(2) Limitation on grants.--The aggregate amount of funds provided as grants made under this section may not exceed $500,000 for fiscal year 2018 and each fiscal year thereafter. ``(c) Preference for Certain Gleaning Projects.--In selecting gleaning projects to receive grants under this section, the Secretary shall give preference to projects designed to develop new resources and strategies to help reduce food insecurity and prevent food insecurity in low-income communities that are the subject of such projects by-- ``(1) developing creative food resources; or ``(2) coordinating food services with park and recreation programs, and other community-based activities, to reduce barriers to access to food. ``(d) Cost-Sharing Requirements.-- ``(1) Federal share.--The Federal share of the cost of carrying out a gleaning project for which a grant is made under this section shall be paid with such grant by the Secretary in such amount as the Secretary determines but may not exceed 50 percent of the cost of such project. ``(2) Non-federal share.--The recipient of a grant under this section shall provide in cash or in kind, fairly evaluated, including facilities, equipment, or services, from non-Federal sources for the cost of such project that is not paid under paragraph (1). ``(e) Term of Grant.-- ``(1) Single grant.--Only 1 grant may be made under this section for a particular gleaning project. ``(2) Term.--The period during which the grant made under this section may be expended may not exceed 5 years. ``(f) Technical Assistance and Related Information.-- ``(1) Technical assistance.--In carrying out this section, the Secretary may provide assistance to an eligible entity regarding gleaning projects, processes, and development. ``(2) Sharing information.-- ``(A) In general.--The Secretary may share information concerning gleaning projects and issues with the public through publications, conferences, and other appropriate forums. ``(B) Other interested persons.--The Secretary may share information concerning gleaning projects with researchers, practitioners, and other interested persons. ``(g) Reports to Congress.--Not later than September 30, 2018, and annually thereafter, the Secretary shall submit to the Congress a report that describes with respect to each grant made under this section information that includes-- ``(1) a description of each activity funded with such grant; and ``(2) the degree of success in improving the long-term capacity of the low-income community served by the gleaning project involved to address food and agriculture problems related to hunger or access to healthy food in such community.''.

Food Sharing Act of 2017 This bill amends the Food and Nutrition Act of 2008 to: (1) reduce from $9 million to $8.5 million the annual limitation on the total amount of grants that the Department of Agriculture (USDA) may provide under the Community Food Projects Competitive Grants Program, and (2) authorize USDA to establish a separate program to provide up to $500,000 annually for grants to establish and carry out gleaning projects. In a gleaning project, an eligible entity: (1) collects edible, surplus food that would be thrown away and distributes the food to agencies or nonprofit organizations that feed the hungry; or (2) harvests for free distribution to the needy, or for donation to agencies or nonprofit organizations for ultimate distribution to the needy, an agricultural crop that has been donated by the owner of the crop. The eligible entities include public food program service providers, tribal organizations, and private nonprofit entities that meet certain requirements for experience, demonstrated competency, cost-sharing, and a willingness to share information regarding the project.

Food Sharing Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Affordability for Teachers and Public Safety Officers Act of 2005''. SEC. 2. PILOT PROGRAM FOR REDUCED FHA DOWNPAYMENT REQUIREMENTS FOR LOANS FOR TEACHERS AND PUBLIC SAFETY OFFICERS. (a) In General.--Section 203(b) of the National Housing Act (12 U.S.C. 1709(b)) is amended by adding at the end the following new paragraph: ``(10) Reduced downpayment requirements for teachers and public safety officers.-- ``(A) In general.--Notwithstanding paragraph (2), in the case of a mortgage described in subparagraph (B)-- ``(i) the mortgage shall involve a principal obligation in an amount that does not exceed the sum of 99 percent of the appraised value of the property and the total amount of initial service charges, appraisal, inspection, and other fees (as the Secretary shall approve) paid in connection with the mortgage; ``(ii) no other provision of this subsection limiting the principal obligation of the mortgage based upon a percentage of the appraised value of the property subject to the mortgage shall apply; and ``(iii) the matter in paragraph (9) that precedes the first proviso shall not apply and the mortgage shall be executed by a mortgagor who shall have paid on account of the property at least 1 percent of the cost of acquisition (as determined by the Secretary) in cash or its equivalent. ``(B) Mortgages covered.--A mortgage described in this subparagraph is a mortgage-- ``(i) under which the mortgagor is an individual who-- ``(I) is (aa) a teacher, or (bb) a public safety officer; and ``(II) has not, during the 12-month period ending upon the insurance of the mortgage, had any present ownership interest in a principal residence located in the jurisdiction described in clause (ii); and ``(ii) made for a property that is located within the jurisdiction of-- ``(I) in the case of a mortgage of a mortgagor described in clause (i)(I)(aa), the local educational agency for the school in which the mortgagor is employed (or, in the case of a mortgagor employed in a private school, the local educational agency having jurisdiction for the area in which the private school is located); or ``(II) in the case of a mortgage of a mortgagor described in clause (i)(I)(bb), the jurisdiction served by the public law enforcement agency, firefighting agency, or rescue or ambulance agency that employs the mortgagor. ``(C) Program integrity.--Notwithstanding any other provision of this paragraph and section 203(c)(3), the Secretary may suspend the applicability of this paragraph and such section for such period as the Secretary considers appropriate if the Secretary determines such suspension is necessary because of fraud or other issues regarding program integrity. ``(D) Pilot program limitations.-- ``(i) Annual.--In any fiscal year, the aggregate number of mortgages insured under this paragraph may not exceed 10 percent of the aggregate number of mortgages and loans insured by the Secretary under this title during the preceding fiscal year. ``(ii) Term of program.--The aggregate number or mortgages insured under this paragraph may not exceed 50,000.''. (b) Deferral and Reduction of Up-Front Premium.--Section 203(c) of the National Housing Act (12 U.S.C. 1709(c)) is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by striking ``Notwithstanding'' and inserting ``Except as provided in paragraph (3) and notwithstanding''; and (2) by adding at the end the following new paragraph: ``(3) Deferral and reduction of up-front premium.--In the case of any mortgage described in subsection (b)(10)(B)-- ``(A) paragraph (2)(A) of this subsection (relating to collection of up-front premium payments) shall not apply; and ``(B) if, at any time during the 5-year period beginning on the date of the insurance of the mortgage, the mortgagor ceases to be a teacher or public safety officer (as such terms are defined in section 201) or pays the principal obligation of the mortgage in full, the Secretary shall at such time collect a single premium payment in an amount equal to the amount of the single premium payment that, but for this paragraph, would have been required under paragraph (2)(A) of this subsection with respect to the mortgage, as reduced by 20 percent of such amount for each successive 12-month period completed during such 5-year period before such cessation or prepayment occurs.''. (c) Definitions.--Section 201 of the National Housing Act (12 U.S.C. 1707) is amended-- (1) in subsection (a), by redesignating clauses (1) and (2) as clauses (A) and (B), respectively; (2) by redesignating subsections (a) through (f) as paragraphs (1) through (6), respectively; (3) by realigning each such paragraph 2 ems from the left margin; and (4) by adding at the end the following new paragraphs: ``(7) The term `public safety officer' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). ``(8) The term `teacher' means an individual who is employed on a part- or full-time basis as a teacher, teacher assistant, or administrator in a public or private school that provides elementary or secondary education, as determined under State law, except that elementary education shall include pre- Kindergarten education, and except that secondary education shall not include any education beyond grade 12. ``(9) The term `local educational agency' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).''. (d) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement the amendments made by this section. SEC. 3. PILOT PROGRAM FOR PUBLIC SAFETY OFFICER HOME OWNERSHIP IN AT- RISK AREAS. (a) Program Authority.--The Secretary of Housing and Urban Development shall carry out a pilot program in accordance with this section to assist Federal, State, and local public safety officers purchasing homes in locally-designated at-risk areas. (b) Eligibility.--To be eligible for assistance under this section, a public safety officer shall agree, in writing, to use the residence purchased with such assistance as the primary residence of the public safety officer for not less than 3 years after the date of purchase. (c) Mortgage Assistance.--If a public safety officer purchases a home in locally-designated at-risk area and finances such purchase through a mortgage insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.), notwithstanding any provision of section 203 or any other provision of the National Housing Act, the following shall apply: (1) Downpayment.-- (A) In general.--There shall be no downpayment required if the purchase price of the property is not more than the reasonable value of the property, as determined by the Secretary. (B) Purchase price exceeds value.--If the purchase price of the property exceeds the reasonable value of the property, as determined by the Secretary, the required downpayment shall be the difference between such reasonable value and the purchase price. (2) Closing costs.--The closing costs and origination fee for such mortgage may be included in the loan amount. (3) Insurance premium payment.--There shall be one insurance premium payment due on the mortgage. Such insurance premium payment-- (A) shall be equal to 1 percent of the loan amount; (B) shall be due and considered earned by the Secretary at the time of the loan closing; and (C) may be included in the loan amount and paid from the loan proceeds. (d) Local Designation of at-Risk Areas.-- (1) Criteria.--Any unit of local government may request that the Secretary designate any area within the jurisdiction of that unit of local government as a locally-designated at- risk area for purposes of this section if the proposed area-- (A) has a crime rate that is significantly higher than the crime rate of the non-designated area that is within the jurisdiction of the unit of local government; and (B) has a population that is not more than 25 percent of the total population of area within the jurisdiction of the unit of local government. (2) Deadline for consideration of request.--Not later than 60 days after receiving a request under paragraph (1), the Secretary shall approve or disapprove the request. (e) Public Safety Officer.--For purposes of this section, the term ``public safety officer'' has the meaning given such term in section 201 of the National Housing Act (12 U.S.C. 1707) (as amended by section 2(c) of this Act). (f) Program Integrity.--Notwithstanding any other provision of this section, the Secretary may suspend the applicability of this section for such period as the Secretary considers appropriate if the Secretary determines such suspension is necessary because of fraud or other issues regarding program integrity. (g) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement the provisions of this section. (h) Sunset.--The Secretary shall not approve any application for assistance under this section that is received by the Secretary after the expiration of the 3-year period beginning on the date that the Secretary first makes available assistance under the pilot program under this section.

Housing Affordability for Teachers and Public Safety Officers Act of 2005 - Amends the National Housing Act to provide for one percent downpayments (and deferral and reduction of up-front payments) for Federal Housing Administration (FHA) mortgage loans for qualified elementary and secondary school teachers, teacher assistants, and administrators and public safety officers (as defined by the Omnibus Crime Control and Safe Streets Act of 1968) to purchase homes within the jurisdictions of their employing agencies. Authorizes program suspension for fraud or program integrity issues. Limits aggregate mortgages insured under such program to 50,000. Directs the Secretary of Housing and Urban Development to carry out a mortgage assistance pilot program to assist federal, state, and local public safety officers purchase primary residences in locally-designated at-risk areas. Authorizes program suspension for fraud or program integrity issues. Prohibits application approvals after the expiration of the three-year period beginning on the date that the Secretary first makes program assistance available.

To authorize the Secretary of Housing and Urban Development to carry out pilot programs to insure low-downpayment mortgages to enable teachers and public safety officers to purchase homes in the jurisdictions they serve and to assist Federal, State, and local public safety officers purchasing homes in locally-designated at-risk areas.

SECTION 1. SELECTION PANEL TO RECOMMEND INDIVIDUALS FOR COMMISSIONER OF INTERNAL REVENUE. (a) President To Nominate New Commissioner From Individuals Recommended by Selection Commission.--Subsection (a) of section 7802 of the Internal Revenue Code of 1986 (relating to Commissioner of Internal Revenue; Assistant Commissioners; Taxpayer Advocate) is amended by inserting ``from individuals recommended by the Selection Commission under subsection (e)'' after ``appointed by the President''. (b) Selection Commission.--Section 7802 of such Code is amended by adding at the end the following new subsection: ``(e) Selection of Commissioner of Internal Revenue.-- ``(1) In general.--When a vacancy occurs (or is expected to occur within 150 days) in the office of Commissioner of Revenue, a Selection Commission is established to recommend individuals to the President for appointment to the vacant office. ``(2) Selection commission.--The Selection Commission shall be composed of 5 individuals (from among individuals having contacts with the Internal Revenue Service in a professional capacity) appointed by the following organizations as follows: ``(A) A representative from the American Institute of Certified Public Accountants who is a certified public accountant. ``(B) A representative from the American Bar Association who is a member of the Tax Division. ``(C) A scientist from the National Academy of Scientists. ``(D) An engineer from the Institute for Electronic and Electrical Engineers. ``(E) An economist from the American Economics Association. A vacancy in the Selection Commission shall be filled not later than 14 days after the date of the creation of the vacancy in the manner in which the original appointment was made. ``(3) Minimum number of recommended individuals.--A Selection Commission shall recommend at least 3 individuals. The President may request the Selection Commission to recommend additional individuals. ``(4) Deadline for recommendations.--Except for additional recommendations requested by the President under paragraph (3), the Selection Commission shall make its recommendations for Commissioner of Internal Revenue not later than 60 days after the date such Commission is established. ``(5) Administrative provisions.-- ``(A) Chairperson.--The Chairperson of the Selection Commission shall be elected by the members. If not so elected within the 10-day period beginning on the date the Selection Commission first meets, the Chairperson shall be appointed by the President. ``(B) Rates of pay.--Members of the Selection Commission shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule (level III in the case of the Chairman of the Selection Commission) for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Selection Commission. ``(C) Travel expenses.--Each member of the Selection Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. ``(D) Staff.--The Selection Commission shall appoint a Director who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule. With the approval of the Selection Commission, the Director may appoint and fix the pay of not more than 2 additional employees who shall be paid at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule. ``(E) Applicability of certain civil service laws.--The Director and staff of the Selection Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. ``(F) Meetings.--The meetings of the Selection Commission shall be in executive session. ``(G) Mails.--The Selection Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. ``(6) Termination.--The Selection Commission shall terminate at the close of the 7th day after the date on which an individual recommended by the Commission is sworn in as Commissioner of Internal Revenue.'' (c) Term of Commissioner of Internal Revenue.--Subsection (a) of section 7802 of such Code is amended by adding at the end the following new sentence: ``The term of the Commissioner of Internal Revenue is 6 years.'' (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act but the amendment made by subsection (c) shall not apply to the individual holding the office of Commissioner of Internal Revenue on such date.

Amends the Internal Revenue Code to provide that the Commissioner of Internal Revenue shall: (1) be appointed from among individuals recommended by a Selection Commission established (upon Commissioner vacancy) by this Act; and (2) serve a six-year term.

To amend the Internal Revenue Code of 1986 to provide that the Commissioner of Internal Revenue shall be nominated from individuals recommended by a selection panel and to provide a 6-year term for such Commissioner.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Challenge Demonstration Project Act of 2007''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) adapt the lessons of foreign aid to underdeveloped economies, such as the experience of the Millennium Challenge Corporation, to the provision of Federal economic development assistance to similarly situated remote Native American communities; (2) provide Federal economic development assistance for Native communities through the Native American Challenge Demonstration Project; (3) administer Federal economic development assistance in a manner that promotes economic growth and the elimination of poverty and strengthens good governance, entrepreneurship, and investment in Native communities; (4) improve the effectiveness of Federal economic development assistance by encouraging the integration and coordination of such assistance in Native American communities; (5) promote sustainable economic growth and poverty reduction policies in Native American communities in a manner that promotes self-determination and self-sufficiency among remote Native American communities while preserving their cultural values; and (6) establish a demonstration project which, if successful, may be broadly applied to other Native American communities in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Eligible entity.--The term `` eligible entity'' means-- (A) the Association of Village Council Presidents, the Bristol Bay Native Association, and the Alaska Federation of Natives applying jointly; (B) in the State of Hawaii, a consortia of local Native Hawaiian community organizations to be determined by the Secretary in consultation with the Secretary of Interior and the Office of Hawaiian Affairs; and (C) in the contiguous states, up to three organizations to be determined by the Secretary in consultation with the Secretary of the Interior, which organizations may be Indian tribes, consortia of Indian tribes, or nongovernmental entities authorized by one or more Indian tribes. (2) Compact.--The term ``compact'' means a binding agreement with the United States pursuant to this Act. (3) Economic development strategy of the eligible entity.-- The term ``economic development strategy of the eligible entity'' means a strategy written by the eligible entity and designed to achieve sustainable economic growth and reduce poverty over a defined period, developed in consultation with public and private sector entities as appropriate to the geographic area and intended beneficiaries of the compact. (4) Indian tribe.--The term ``Indian tribe'' shall have the meaning given the term in section 4(e) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450 et seq.). (5) Renewal.--The term ``renewal'' means the negotiated extension of a compact. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce, Office of the Secretary. SEC. 4. NATIVE AMERICAN MILLENNIUM CHALLENGE DEMONSTRATION PROJECT. (a) Establishment.--The Secretary shall establish and implement a demonstration project in the Department of Commerce. (b) Authorization of Assistance.--The Secretary may provide assistance under this section to an eligible entity that enters a compact with the United States pursuant to this Act. (c) Form of Assistance.--Assistance under this section-- (1) shall be provided in the form of funding agreements established by the compacts; (2) may not be provided in the form of loans; and (3) may not be used for gaming activities pursuant to the Indian Gaming Regulatory Act (25 USC 2701 et seq.). (d) Coordination.-- (1) In general.--The provision of assistance under this section shall be coordinated with other Federal economic development assistance programs for Native Americans. (2) Integrated funding.--The Secretary, in cooperation with other Secretaries as appropriate, shall, upon execution of a compact with an eligible entity, authorize the eligible entity to coordinate its federally funded economic development assistance programs in a manner that integrates the program services into a single, coordinated program. (3) Agencies and departments.--The Federal agencies and departments administering economic development assistance programs for Native Americans are the following: (A) Department of Agriculture. (B) Department of Commerce. (C) Department of Energy. (D) Department of Health and Human Services. (E) Department of Housing and Urban Development. (F) Department of the Interior. (G) Small Business Administration. (H) Such other Federal agencies and instrumentalities as the Secretary determines appropriate. (e) Programs Affected.--The programs that may be integrated pursuant to this Act shall include any program under which an Indian tribe is eligible for receipt of funds under a statutory or administrative formula for economic development purposes. (f) Waiver Authority.--Upon receipt of the executed compact, the Secretary shall consult with the eligible entity and the Secretary of each Federal agency or department providing funds to be used to implement the compact in order to identify any waivers of statutory requirements or applicable regulations, policies, or procedures necessary to enable the eligible entity to implement its compact. SEC. 5. NATIVE AMERICAN CHALLENGE COMPACTS. (a) Compacts.--The Secretary shall develop and recommend procedures for considering proposals for compacts submitted by eligible entities. The Secretary may provide assistance to an eligible entity only if the eligible entity enters into an agreement with the United States, to be known as a ``Native American Challenge Compact'', that establishes a multi-year plan for achieving development objectives in furtherance of the purposes of this Act. (b) Eligible Entities-Criteria for Selection.--The Secretary shall develop an application process and criteria for selecting the eligible entities, taking into account-- (1) the purposes of this Act; (2) the economic development strategy of the eligible entity; (3) the remoteness of the reservation or community to be served; (4) its general economic status; (5) poverty rates; and (6) the capacity of the applicant. (c) Assistance for Development of a Compact.--To the extent that funds have been appropriated in advance and are available for this section, the Secretary may enter into contracts with or make grants to any eligible entity for the purposes of facilitating the development and implementation of a compact between the United States and the eligible entity. (d) Duration and Extension.--The term of an initial compact may not exceed five years. An eligible entity and the United States may enter into one or more subsequent compacts in accordance with the requirements of this Act. If a compact is nearing its expiration or has expired, the eligible entity and the United States may renegotiate or extend the compact for as many periods as the parties agree, with each period not exceeding 10 years. (e) Application.--The Secretary shall develop and recommend procedures for considering proposals for compacts submitted by eligible entities. (f) Elements.--In furtherance of the economic development strategy of the eligible entity, the compact shall contain-- (1) a description of the specific objectives for sustainable economic development and the reduction of poverty that the eligible entity and the United States expect to achieve during the term of the compact; (2) a description of the respective roles and responsibilities of the eligible entity and the United States in the achievement of such objectives; (3) a list and description of regular benchmarks to measure progress toward achieving such objectives; (4) an identification of the intended beneficiaries, disaggregated by income level, gender, and age, to the maximum extent practical; and (5) a multi-year financial plan to guide the implementation of the compact, including the estimated level of funding and other contributions by the United States and the eligible entity, proposed mechanisms to execute the plan, and periodic assessments to determine whether the requirements of subparagraphs (1) through (4) are being met. (g) Suspension and Termination of Assistance.-- (1) In general.--The Secretary may suspend or terminate assistance in whole or in part for an entity that has entered a compact with the United States if the Secretary determines that-- (A) the entity has failed to adhere to its responsibilities under the compact, or (B) the entity has engaged in a pattern of actions inconsistent with the purposes of this Act. (h) Reinstatement.--The Secretary may reinstate assistance for an entity only if the Secretary determines that the entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under subsection (f). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2008 through 2012. Any funds authorized but not appropriated may be appropriated in subsequent fiscal years, provided that the cumulative level of funds authorized to be appropriated for Fiscal Year 2008 through 2012 shall not exceed $100,000,000. Sums appropriated under this section shall remain available until expended. (b) Administrative Funds.--Of the funds made available by this Act, no more than 5 percent may be used by the Secretary for administrative expenses and program oversight. SEC. 7. PROGRAM ASSESSMENTS AND REPORTS. (a) Reports of Eligible Entities.--Not later than March 15, 2008, and annually thereafter, each the eligible entity shall prepare and submit to the Secretary a written report regarding the assistance provided under this Act during the previous fiscal year. (b) Report Contents.--A report required under subsection (a) shall include the following: (1) The amount of obligations and expenditures for assistance provided during the prior fiscal year. (2) A description of the programs and activities conducted by the entity in furtherance of its economic development strategy and the purposes of this Act. (3) An assessment of the effectiveness of the assistance provided and progress made by the entity toward achieving its economic development strategy and the purposes of this Act. (4) Other information the eligible entity considers relevant considering the purposes of this Act. (c) Transmittal to Congress.--Not later than May 15, 2008, and annually thereafter, the Secretary shall transmit reports required under subsection (a), with such other information the Secretary considers relevant, to the Committee on Energy and Commerce and the Committee on Natural Resources in the House of Representatives, and the Committee on Indian Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Energy and Natural Resources in the Senate.

Native American Challenge Demonstration Project Act of 2007 - Directs the Secretary of Commerce to establish and implement the Native American Challenge Demonstration Project through which federal economic development assistance may be provided for certain Native American communities. Authorizes the Secretary to provide such assistance to eligible entities that enter into Native American Challenge Compacts with the United States pursuant to this Act. Requires that Compacts establish a multi-year plan for achieving development objectives in furthering the purposes of this Act, including to adapt the lessons of foreign aid to underdeveloped economies to the provision of federal economic development assistance to similarly situated remote Native American communities.

To adapt the lessons of foreign aid to underdeveloped economies to the provision of Federal economic development assistance to similarly situated remote Native American communities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2016'' or the ``EMPLEO Act''. SEC. 2. FEDERAL MINIMUM WAGE REQUIREMENT FOR ELIGIBLE PUERTO RICO EMPLOYEES. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) if such employee is an eligible Puerto Rico employee, as defined in section 6433(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6433 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);''. SEC. 3. WAGE SUBSIDY FOR PUERTO RICO WORKERS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6433. WAGE SUBSIDY FOR PUERTO RICO WORKERS. ``(a) In General.--In the case of a participating employer which makes qualified wage subsidy payments to eligible Puerto Rico employees, such participating employer shall be treated for purposes of this title as having paid to the Secretary, on the date any such qualified wage subsidy payment is paid, payroll taxes in an amount equal to such wage subsidy payment. ``(b) Participating Employer.-- ``(1) In general.--For purposes of this section, the term `participating employer' means an employer which-- ``(A) elects the application of this section, ``(B) makes qualified wage subsidy payments to all eligible Puerto Rico employees of such employer, ``(C) provides to each eligible Puerto Rico employee (in such form and manner as the Secretary shall by regulations prescribe) information about the amount of qualified wage subsidy payments paid to such employee at the time such payments are made, and ``(D) in the case of an employer which elects to receive an advance payment under subsection (g), provides to the Secretary the information described in paragraph (2) not later than 30 days before the beginning of the applicable period. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(B) An estimate of the payroll taxes (determined without regard to any increase in tax under section 3111 by reason of subsection (g)(2)) that will be paid by the participating employer with respect to all employees for such applicable period. ``(C) An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment). ``(D) An estimate of the aggregate amount of qualified wage subsidy payments that will be paid by such employer to eligible Puerto Rico employees for such applicable period. ``(3) Failure to make subsidy payments.--For purposes of this title (including penalties), the failure by any employer which makes an election under paragraph (1)(A) to make any qualified wage subsidy payment at the time provided therefor shall be treated as the failure at such time to deduct and withhold under section 3102 an amount equal to the amount of such qualified wage subsidy payment. ``(c) Eligible Puerto Rico Employee.--For purposes of this section, the term `eligible Puerto Rico employee' means, with respect to any calendar year, any individual who-- ``(1) is a citizen of the United States, ``(2) has a social security number issued to the individual by the Social Security Administration, and ``(3) certifies, in such form and manner as provided by the Secretary, to the employer that such individual is a resident of Puerto Rico and intends to remain a resident of Puerto Rico for not less than the next 6 months. ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(2) Median hourly wage for puerto rico.--For purposes of paragraph (1)(A), the median hourly wage for Puerto Rico is-- ``(A) $10 for calendar years 2017 and 2018, and ``(B) for any calendar year beginning after 2018, the amount determined by the Bureau of Labor Statistics based on the most recent data available as of 30 days before the start of such calendar year. ``(3) Determination of hourly wage.--For purposes of paragraph (1)(B)-- ``(A) In general.--The hourly wage of any employee shall be determined without regard to any qualified wage subsidy payment under this section. ``(B) Period.--Each hour at which an eligible Puerto Rico employee performs services for a different rate of pay shall be treated as a separate period. ``(C) Salaried employees.--In the case of a salaried employee, the hourly wage for such employee for any period shall be determined by dividing the annual rate of pay for such period by 2,080. ``(e) Payroll Taxes.--For purposes of this section, the term `payroll taxes' means-- ``(1) amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and ``(2) amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes). ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable period.--For purposes of this section, the term `applicable period' means-- ``(A) except as provided in subparagraph (B), a calendar quarter, and ``(B) in the case of any employer which files returns for payroll taxes less frequently than quarterly, such period as determined by the Secretary under regulations. ``(2) Wage subsidy payments in excess of payroll tax liability.--To the extent that the amount treated as paid under subsection (a) exceeds the amount of such person's liability for payroll taxes, the Secretary shall credit and refund such excess in the same manner as if it were an overpayment of such taxes. ``(g) Advanced Payments for Certain Participating Employers.-- ``(1) In general.--In the case of a participating employer which elects the application of this subsection, the Secretary shall pay to such participating employer, not later than the first day of the applicable period, an amount equal to the excess of-- ``(A) the aggregate amount of qualified wage subsidy payments for such applicable period (as determined based on estimates submitted under subsection (b)(2)), exceeds ``(B) the aggregate amount of payroll taxes (determined without regard to any increase in tax under section 3111 by reason of paragraph (2) and based on estimates submitted under subsection (b)(2)) for such applicable period. ``(2) Treatment of payments.--For purposes of this title, the amount of taxes imposed under section 3111 on any participating employer for any calendar quarter shall be increased by an amount equal to any payment made under paragraph (1) with respect to such calendar quarter.''. (b) Social Security Trust Funds Held Harmless.--In determining the amount of any amount transferred or appropriated to any fund under the Social Security Act, section 6433 of the Internal Revenue Code of 1986 shall not be taken into account. (c) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by striking ``or 6431'' and inserting ``6431, or 6433''. (2) The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6433. Wage subsidy for Puerto Rico workers.''. (d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by inserting after paragraph (14) the following new paragraph: ``(15) in the case of an eligible Puerto Rico employee (as defined in section 6433), the amount of any qualified wage subsidy payment paid to such employee.''. (2) Penalty for failure to provide information to employees.--Section 6652 of such Code is amended by adding at the end the following new subsection: ``(o) Failure To Report Wage Subsidy Information to Employees.--In the case of a failure to provide the information required under section 6433(b)(1)(C) at the time required for providing such information, there shall be paid (upon notice and demand by the Secretary and in the same manner as tax) by the person failing to provide such information, an amount equal to $50 for each such failure. In the case of any failure due to negligence or intentional disregard, the preceding sentence shall be applied by substituting `$100' for `$50'.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2016.

Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2016 or the EMPLEO Act This bill amends the Fair Labor Standards Act of 1938 to require every employer to pay to each of his or her eligible Puerto Rican employees who in any workweek are engaged in commerce and who receive qualified wage subsidy payments minimum wages of $5.00 an hour, determined without regard to those wage subsidy payments. The bill amends the Internal Revenue Code to treat certain employers who make qualified wage subsidy payments to eligible Puerto Rico employees as having paid payroll taxes in an amount equal to the wage subsidy payment. An “eligible Puerto Rico employee” is any individual who: (1) is a U.S. citizen, (2) has a Social Security number, and (3) certifies to the employer that he or she is a resident of Puerto Rico and intends to remain a resident for at least the next six months. A “qualified wage subsidy payment” is a payment equal to 50% of the excess (if any) of: (1) the median hourly wage for Puerto Rico ($10 for 2017 and 2018), over (2) the hourly wage paid to the eligible Puerto Rico employee. The bill sets forth reporting requirements for participating employers and requirements for determining the median hourly wage for Puerto Rico after 2018.

EMPLEO Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat Promotion Act of 2005''. SEC. 2. VOLUNTARY PROGRAM FOR COUNTRY OF ORIGIN LABELING FOR MEAT. (a) Establishment.--The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``Subtitle E--Country of Origin Labeling for Meat ``SEC. 291. DEFINITIONS. ``In this subtitle: ``(1) Beef.--The term `beef' means meat produced from cattle (including veal). ``(2) Covered meat product.--The term `covered meat product' means ground beef, ground pork, ground lamb, and fresh muscle cuts of beef, pork, and lamb. ``(3) Lamb.--The term `lamb' means meat produced from sheep. ``(4) Pork.--The term `pork' means meat produced from swine. ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``SEC. 292. VOLUNTARY PROGRAM. ``The Secretary of Agriculture shall establish a voluntary program of country of origin labeling for covered meat products. ``SEC. 293. LABEL. ``For purposes of the program established under section 292, the Secretary shall-- ``(1) design a label to be used to designate the country of origin of covered meat products; and ``(2) require persons participating in the program to use the label designed under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of covered meat products. ``SEC. 294. LIMITATION ON USE OF UNITED STATES AS COUNTRY OF ORIGIN. ``A person participating in the program established under section 292 may not designate a covered meat product as having the United States as the country of origin unless the covered meat product is derived exclusively from-- ``(1) an animal born, raised, and slaughtered in the United States; or ``(2) an animal born and raised in Alaska or Hawaii, transported for a period not to exceed 60 days outside of those States, and slaughtered in the United States. ``SEC. 295. VERIFICATION. ``The Secretary may require participants in the program established under section 292 to maintain a recordkeeping audit trail that will permit the Secretary to verify compliance with the program. ``SEC. 296. ENFORCEMENT. ``(a) Civil Penalty.-- ``(1) Assessment.--The Secretary may assess a civil penalty against a participant in the program established under section 292 that purposely or knowingly violates the terms of the program. ``(2) Amount of penalty.--The amount of the civil penalty assessed under paragraph (1) may not exceed $10,000 for each violation. ``(3) Continuing violation.--Each day during which a violation of the program continues shall be considered to be a separate violation. ``(b) Notice and Hearing.--The Secretary shall not assess a civil penalty under this section against a person unless the person is given notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code, with respect to the violation for which the person is being assessed. ``SEC. 297. REGULATIONS. ``Not later than 180 days after the date of the enactment of the Meat Promotion Act of 2005, the Secretary shall promulgate regulations to carry out the program established under section 292.''. (b) Conforming Amendments.--Subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.) is amended-- (1) in the heading to read as follows: ``Subtitle D--Country of Origin Labeling for Fish, Perishable Agricultural Commodities, and Peanuts''. (2) in section 281-- (A) by striking paragraphs (1), (5), and (7); (B) in paragraph (2)(A)-- (i) by striking clauses (i) and (ii); and (ii) by redesignating clauses (iii), (iv), (v), and (vi) as clauses (i), (ii), (iii), and (iv), respectively; and (C) by redesignating paragraphs (2), (3), (4), (6), (8), and (9) as paragraphs (1), (2), (3), (4), (5), and (6), respectively; and (3) in section 282-- (A) in subsection (a)(2)-- (i) by striking subparagraphs (A) and (B); and (ii) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (A), (B), and (C), respectively; and (B) in subsection (f)(2)-- (i) by striking subparagraphs (A), (B), and (C); and (ii) by redesignating subparagraphs (D) and (E) as subparagraphs (A) and (B).

Meat Promotion Act of 2005 - Amends the Agricultural Marketing Act of 1946 to replace current mandatory country of origin labeling requirements with a voluntary country of origin labeling program for meat and meat products. Sets forth: (1) limitations on use of United States country of origin labels; and (2) civil penalties for program violations.

To amend the Agricultural Marketing Act of 1946 to establish a voluntary program for country of origin labeling of meat, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Information and Benefits Enhancement Act of 2003''. SEC. 2. PRESUMPTION OF ADDITIONAL DISEASES OF FORMER PRISONERS OF WAR TO BE SERVICE-CONNECTED FOR COMPENSATION PURPOSES. (a) Presumption.--Section 1112(b) of title 38, United States Code, is amended-- (1) in paragraph (14), by striking ``or'' at the end; and (2) by inserting after paragraph (15) the following new paragraphs: ``(16) cardiovascular disease (heart disease), ``(17) cerebrovascular disease (stroke), or ``(18) chronic liver disease, including cirrhosis and primary liver carcinoma,''. (b) Effective Date.--(1) The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. (2) No benefit may be paid by reason of the amendments made by subsection (a) for any period before the date of the enactment of this Act. SEC. 3. DOSE RECONSTRUCTION PROGRAM OF DEPARTMENT OF DEFENSE. (b) Review of Mission, Procedures, and Administration.--(1) The Secretary of Veterans Affairs and the Secretary of Defense shall jointly conduct a review of the mission, procedures, and administration of the Dose Reconstruction Program of the Department of Defense. (2) In conducting the review under paragraph (1), the Secretaries shall-- (A) determine whether any additional actions are required to ensure that the quality assurance and quality control mechanisms of the Dose Reconstruction Program are adequate and sufficient for purposes of the program; and (B) determine the actions that are required to ensure that the mechanisms of the Dose Reconstruction Program for communication and interaction with veterans are adequate and sufficient for purposes of the program, including mechanisms to permit veterans to review the assumptions utilized in their dose reconstructions. (3) Not later than 90 days after the date of the enactment of this Act, the Secretaries shall jointly submit to Congress a report on the review under paragraph (1). The report shall set forth-- (A) the results of the review; (B) a plan for any actions determined to be required under paragraph (2); and (C) such other recommendations for the improvement of the mission, procedures, and administration of the Dose Reconstruction Program as the Secretaries jointly consider appropriate. (b) On-Going Review and Oversight.--The Secretaries shall jointly take appropriate actions to ensure the on-going independent review and oversight of the Dose Reconstruction Program, including the establishment of the advisory board required by subsection (c). (c) Advisory Board.--(1) In taking actions under subsection (b), the Secretaries shall jointly appoint an advisory board to provide review and oversight of the Dose Reconstruction Program. (2) The advisory board under paragraph (1) shall be composed of the following: (A) At least one expert in historical dose reconstruction of the type conducted under the Dose Reconstruction Program. (B) At least one expert in radiation health matters. (C) At least one expert in risk communications matters. (D) A representative of the Department of Veterans Affairs. (E) A representative of the Defense Threat Reduction Agency. (F) At least three veterans, including at least one veteran who is a member of an atomic veterans group. (3) The advisory board under paragraph (1) shall-- (A) conduct periodic, random audits of dose reconstructions and decisions on claims for radiogenic diseases under the Dose Reconstruction Program; (B) assist the Department of Veterans Affairs and the Defense Threat Reduction Agency in communicating to veterans information on the mission, procedures, and evidentiary requirements of the Dose Reconstruction Program; and (C) carry out such other activities with respect to the review and oversight of the Dose Reconstruction Program as the Secretaries shall jointly specify. (4) The advisory board under paragraph (1) may make such recommendations on modifications in the mission or procedures of the Dose Reconstruction Program as the advisory board considers appropriate as a result of the audits conducted under paragraph (3)(A). SEC. 4. STUDY ON DISPOSITION OF AIR FORCE HEALTH STUDY. (a) In General.--The Secretary of Veterans Affairs shall, in accordance with this section, carry out a study to determine the appropriate disposition of the Air Force Health Study, an epidemiologic study of Air Force personnel who were responsible for conducting aerial spray missions of herbicides during the Vietnam era. (b) Study Through National Academy of Sciences.--Not later than sixty days after the date of the enactment of this Act, the Secretary shall seek to enter into an agreement with the National Academy of Sciences, or another appropriate scientific organization, to carry out the study required by subsection (a). (c) Elements.--Under the study under subsection (a), the National Academy of Sciences, or other appropriate scientific organization, shall address the following: (1) The scientific merit of retaining and maintaining the medical records, other study data, and laboratory specimens collected in the course of the Air Force Health Study after the currently-scheduled termination date of the study in 2006. (2) Whether or not any obstacles exist to retaining and maintaining the medical records, other study data, and laboratory specimens referred to in paragraph (1), including privacy concerns. (3) The advisability of providing independent oversight of the medical records, other study data, and laboratory specimens referred to in paragraph (1), and of any further study of such records, data, and specimens, and, if so, the mechanism for providing such oversight. (4) The advisability of extending the Air Force Health Study, including the potential value and relevance of extending the study, the potential cost of extending the study, and the Federal or non-Federal entity best suited to continue the study if extended. (5) The advisability of making the laboratory specimens of the Air Force Health Study available for independent research, including the potential value and relevance of such research, and the potential cost of such research. (d) Report.--Not later than 60 days after entering into an agreement under subsection (b), the National Academy of Sciences, or other appropriate scientific organization, shall submit to the Secretary and Congress a report on the results of the study under subsection (a). The report shall include the results of the study, including the matters addressed under subsection (c), and such other recommendations as the Academy, or other appropriate scientific organization, considers appropriate as a result of the study. SEC. 5. FUNDING OF MEDICAL FOLLOW-UP AGENCY OF INSTITUTE OF MEDICINE OF NATIONAL ACADEMY OF SCIENCES FOR EPIDEMIOLOGICAL RESEARCH ON MEMBERS OF THE ARMED FORCES AND VETERANS. (a) Funding by Department of Veterans Affairs.--(1) The Secretary of Veterans Affairs shall make available to the National Academy of Sciences in each of fiscal years 2004 through 2013, $250,000 for the Medical Follow-Up Agency of the Institute of Medicine of the Academy for purposes of epidemiological research on members of the Armed Forces and veterans. (2) The Secretary of Veterans Affairs shall make available amounts under paragraph (1) for a fiscal year from amounts available for the Department of Veterans Affairs for that fiscal year. (b) Funding by Department of Defense.--(1) The Secretary of Defense shall make available to the National Academy of Sciences in each of fiscal years 2004 through 2013, $250,000 for the Medical Follow-Up Agency for purposes of epidemiological research on members of the Armed Forces and veterans. (2) The Secretary of Defense shall make available amounts under paragraph (1) for a fiscal year from amounts available for the Department of Defense for that fiscal year. (c) Use of Funds.--The Medical Follow-Up Agency shall use funds made available under subsections (a) and (b) for epidemiological research on members of the Armed Forces and veterans. (d) Supplement Not Supplant.--Amounts made available to the Medical Follow-Up Agency under this section for a fiscal year for the purposes referred to in subsection (c) are in addition to any other amounts made available to the Agency for that fiscal year for those purposes.

Veterans Information and Benefits Enhancement Act of 2003 - Includes the following among the diseases to be considered service-connected, and therefore compensable through the Department of Veterans Affairs, when suffered by a veteran who is a former prisoner of war who was detained or interned for at least 30 days: (1) cardiovascular (heart) disease; (2) cerebrovascular disease (stroke); or (3) chronic liver disease, including cirrhosis and primary liver carcinoma. Directs the Secretary of Veterans Affairs (Secretary) and the Secretary of Defense to jointly conduct a review of the mission, procedures, and administration of the Dose Reconstruction Program of the Department of Defense. Requires appointment of an advisory board for Program review and oversight. Directs the Secretary to conduct a study to determine the appropriate disposition of the Air Force Health Study, an epidemiologic study of Air Force personnel responsible for conducting aerial herbicide spray missions during the Vietnam era. Requires the Secretaries to make specified funds available to the National Academy of Sciences in each of FY 2004 through 2013 for the Academy's Medical Follow-Up Agency of the Institute of Medicine to conduct epidemiological research on military personnel and veterans.

A bill to amend title 38, United States Code, to presume additional diseases of former prisoners of war to be service-connected for compensation purposes, to enhance the Dose Reconstruction Program of the Department of Defense, to enhance and fund certain other epidemiological studies, and for other purposes